BILL NUMBER: SB 1652 CHAPTERED
BILL TEXT
CHAPTER 829
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 1998
APPROVED BY GOVERNOR SEPTEMBER 24, 1998
PASSED THE SENATE AUGUST 28, 1998
PASSED THE ASSEMBLY AUGUST 24, 1998
AMENDED IN ASSEMBLY AUGUST 21, 1998
AMENDED IN ASSEMBLY AUGUST 3, 1998
AMENDED IN ASSEMBLY JULY 9, 1998
AMENDED IN ASSEMBLY JUNE 30, 1998
AMENDED IN ASSEMBLY JUNE 16, 1998
AMENDED IN SENATE APRIL 13, 1998
AMENDED IN SENATE MARCH 24, 1998
INTRODUCED BY Senator Kopp
FEBRUARY 13, 1998
An act to amend Sections 312, 6715, 16728, 22391, and 22443.1 of
the Business and Professions Code, to amend Sections 1789.24,
1812.54, 1812.66, 1812.105, 1812.129, 1812.503, 1812.510, 1812.515,
1812.525, and 1812.600 of the Civil Code, to amend Sections 995.710
and 1279 of the Code of Civil Procedure, to amend Section 318 of the
Corporations Code, to amend Sections 12511, 18342, and 19420 of the
Education Code, to amend Sections 113, 126, 12302, 12402, 23600,
23713, 25004, 34460, 61230, 65584.3, 68083, and 68116 of the
Government Code, to amend Sections 2224, 2226, 4739.5, 6501, 13830,
13876, 32137, 33102, and 34116 of the Health and Safety Code, to
amend Sections 9626, 29728, 29731, and 30150 of the Public Resources
Code, to amend Sections 7578, 11895, 22258, and 30205 of, and to
repeal Sections 7579, 29254, 30944, and 100464 of, the Public
Utilities Code, to amend Section 27123 of the Streets and Highways
Code, to amend Sections 30321.5, 30322, 30323, 31006, 34501, and
71598 of, and to repeal Section 34503 of, the Water Code, and to
amend Sections 10 and 10.2 of Chapter 545 of the Statutes of 1943,
relating to the Secretary of State, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1652, Kopp. Secretary of State: document filing.
(1) Existing law requires that various documents be filed with, or
be maintained by, the Secretary of State.
This bill would delete the requirement that certain documents be
filed or maintained by the Secretary of State and would require
instead that these documents be filed with, or maintained by, a
designated state agency, state officer, county clerk, county board of
supervisors, or other local officer, as appropriate. To the extent
that this bill would require local agencies to provide a higher level
of service, this bill would impose a state-mandated local program.
(2) Existing law requires specified business establishments to
maintain a bond issued by a surety company and to file a copy of the
bond with the Secretary of State or, in the alternative, to deposit
funds with the Secretary of State.
This bill would provide that the alternative of depositing funds
in lieu of maintaining and filing a bond may not be utilized after
January 1, 1999, and that persons who have deposited funds prior to
that date may continue to utilize the alternative, but the deposit
may not be renewed.
(3) Existing law requires the Secretary of State to develop and
maintain a registry of distinguished women and minorities who are
available to serve on corporate boards of directors. Existing law
authorizes the Secretary of State to charge fees for purposes of the
registry program and requires that these fees be deposited into the
Secretary of State's Business Fees Fund.
This bill would authorize the Secretary of State to transfer
information contained in the registry to a campus of the California
State University or the University of California that is interested
in maintaining the registry. This bill would require the Secretary of
State to transfer funds deposited in the Secretary of State's
Business Fees Fund to the university selected to maintain the
registry, thereby constituting an appropriation.
(4) Existing law authorizes the Controller to designate and
appoint, or terminate the appointment of deputy controllers and
provides that the appointments and terminations are effective when
filed by the Controller in the office of the Secretary of State.
This bill would provide that appointments and termination of
appointments are effective when signed by the Controller.
(5) Existing law authorizes the Santa Paula Union High School
Public Library District, by resolution of the Santa Paula Union High
School District board of trustees, to be governed by a separate
5-member board of trustees who hold office for a term of 4 years.
Existing law requires the first board of trustees to classify
themselves by lot with regard to the expiration of their terms.
This bill would specify that persons elected to the board of
trustees in 1997 shall hold office for a term of 5 years and would
change the year that the term expires for each member of the first
board of trustees.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 312 of the Business and Professions Code is
amended to read:
312. The director shall submit to the Governor and the
Legislature during the month of December prior to each regular
session of the Legislature a full and accurate report of the
activities of the department relating to consumer affairs and an
evaluation of the consumer programs of each state agency. The report
shall include recommendations, when appropriate, for legislation
that will protect and promote the interests of consumers.
The required evaluation of the consumer programs of each state
agency shall include, but is not limited to, comment with respect to
the scope, effectiveness, and efficiency of the consumer programs
within each agency as well as deficiencies noted in the coordination,
administration, or enforcement of the programs.
The director shall include within the report information regarding
his or her experience in obtaining and disseminating information
with respect to information available from other departments of the
state.
SEC. 2. Section 6715 of the Business and Professions Code is
amended to read:
6715. The executive officer shall keep a complete record of all
applications for registration and the board's action thereon and,
once every two years, shall prepare a roster showing the names and
addresses of all registered professional engineers, and the names and
addresses of the holders of all delinquent certificates of
registration and certificates of authority.
Copies shall be available to the general public. The roster shall
be a public record.
SEC. 3. Section 16728 of the Business and Professions Code is
amended to read:
16728. (a) Notwithstanding any other provision of law, motor
carriers of property, as defined in Section 34601 of the Vehicle
Code, may voluntarily elect to participate in uniform cargo liability
rules, uniform bills of lading or receipts for property being
transported, uniform cargo credit rules, joint line rates or routes,
classifications, mileage guides, and pooling. Motor carriers of
property that so elect shall comply with all requirements of Section
14501(c) of Title 49 of the United States Code and with federal
regulations promulgated pursuant to that section. The Legislature
intends by this section to provide to motor carriers of property the
antitrust immunity authorized by state action pursuant to Section
14501(c) of Title 49 of the United States Code.
(b) The election authorized by this section shall be exercised in
either of the following ways:
(1) Participation in an agreement pursuant to Section 13703 of
Title 49 of the United States Code.
(2) Filing with the Department of Motor Vehicles a notice of
adoption of any or all of the uniform cargo liability rules, uniform
bills of lading or receipts for property being transported, uniform
cargo credit rules, joint rates or routes, classifications, mileage
guides, and pooling contained in an identified publication authorized
by Section 13703 of Title 49 of the United States Code, along with a
written certification issued by the organization establishing those
uniform rules or provisions in accordance with Section 13703(g)(1)(B)
of Title 49 of the United States Code, affirming participation of
the motor carrier of property in the collective publication. The
certification shall be made available for public inspection.
(c) The elections made by a motor carrier of property pursuant to
this section may be canceled by the motor carrier.
SEC. 4. Section 22391 of the Business and Professions Code is
amended to read:
22391. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
Section 996.430 of the Code of Civil Procedure, establish the claim
by furnishing evidence to the Secretary of State of a money judgment
entered by a court together with evidence that the claimant is a
person described in Section 22390.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval thereon. The claim shall be designated an
"approved claim."
(c) When the first claim against a particular deposit account has
been approved, it shall not be paid until the expiration of a period
of 240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State
within the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit account after the expiration of a 240-day period,
the date of approval of that claim shall begin a new 240-day period
to which subdivision (c) shall apply with respect to the amount
remaining in the deposit account.
(e) After a deposit account is exhausted, no further claims shall
be paid by the Secretary of State. Claimants who have had their
claims paid in full or in part pursuant to subdivisions (c) and (d)
shall not be required to return funds received from the deposit for
the benefit of other claimants.
(f) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the invention
developer, other than as to an amount no longer needed or required
for the purpose of this chapter which would otherwise be returned to
the invention developer by the Secretary of State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of an invention developer or has
filed a bond pursuant to Section 22389, provided that there are no
outstanding claims against the deposit. The written notice shall
include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of an invention developer or has filed a bond
with the Secretary of State. The Secretary of State shall forward an
acknowledgment of receipt of the written notification to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and anticipated date of release of the
deposit.
(h) This section shall apply to all deposits retained by the
Secretary of State.
(i) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years specified in
subdivision (g) to resolve outstanding claims against the deposit.
SEC. 5. Section 22443.1 of the Business and Professions Code is
amended to read:
22443.1. (a) Prior to engaging in the business or acting in the
capacity of an immigration consultant on or after January 1, 1998,
each person shall file with the Secretary of State a bond of
twenty-five thousand dollars ($25,000) executed by a corporate surety
admitted to do business in this state and conditioned upon
compliance with this chapter. The total aggregate liability on the
bond shall be limited to twenty-five thousand dollars ($25,000). The
bond may be terminated pursuant to Section 995.440 of, and Article
13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part
2 of, the Code of Civil Procedure.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person damaged by any fraud, misstatement,
misrepresentation, unlawful act or omission, or failure to provide
the services of the immigration consultant or the agents,
representatives, or employees of the immigration consultant while
acting within the scope of that employment or agency.
(c) The Secretary of State shall charge and collect a filing fee
to cover the cost of filing the bond or the deposit filed in lieu of
a bond as set forth in Section 995.710 of the Code of Civil
Procedure.
(d) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
(e) A deposit may be made in lieu of a bond as set forth in
Section 995.710 of the Code of Civil Procedure. When a deposit is
made in lieu of the bond, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the
Secretary of State of a money judgment entered by a court together
with evidence that the claimant is a person described in subdivision
(b).
(f) When a claimant has established the claim with the Secretary
of State, the Secretary of State shall review and approve the claim
and enter the date of approval thereon. The claim shall be
designated an "approved claim."
(g) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(h) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (g) shall apply with respect to any amount
remaining in the deposit.
(i) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had claims paid in
full or in part pursuant to subdivision (g) or (h) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(j) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purpose of this title which would otherwise be
returned to the assignor of the deposit by the Secretary of State.
(k) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business or act in the capacity of an
immigration consultant or has filed a bond pursuant to subdivision
(a), provided that there are no outstanding claims against the
deposit. The written notice shall include all of the following: (1)
name, address, and telephone number of the assignor; (2) name,
address, and telephone number of the bank at which the deposit is
located; (3) account number of the deposit; and (4) a statement
whether the assignor is ceasing to engage in the business or act in
the capacity of an immigration consultant or has filed a bond with
the Secretary of State. The Secretary of State shall forward an
acknowledgment of receipt of the written notice to the assignor at
the address indicated therein, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
(l) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a specified period beyond the two years pursuant to
subdivision (k) to resolve outstanding claims against the deposit.
(m) This section does not apply to employees of nonprofit,
tax-exempt corporations who help clients complete application forms
in immigration matters, either free of charge or for a fee. Any fees
charged may include reasonable costs and shall be consistent with
fees authorized by the United States Immigration and Naturalization
Service for qualified designated entities.
(n) This section 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. 6. Section 1789.24 of the Civil Code is amended to read:
1789.24. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
proceeding under Section 996.430 of the Code of Civil Procedure,
establish the claim by furnishing evidence to the Secretary of State
of a money judgment entered by a court, together with evidence that
the claimant is a person described in subdivision (b) of Section
1789.18.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval thereon. The claim shall be designated an
"approved claim."
(c) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (c) shall apply with respect to any amount
remaining in the deposit.
(e) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivision (c) or (d) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(f) When a deposit has been made in lieu of a bond, as specified
in subdivision (a), the amount of the deposit shall not be subject to
attachment, garnishment, or execution with respect to an action or
judgment against the credit services organization, other than as to
an amount as no longer needed or required for the purpose of this
title which would otherwise be returned to the credit services
organization by the Secretary of State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a credit services organization or
has filed a bond pursuant to Section 1789.18, provided that there
are no outstanding claims against the deposit. The written notice
shall include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of a credit services organization or has filed
a bond with the Secretary of State. The Secretary of State shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and anticipated date of release of the
deposit.
(h) This section shall apply to all deposits retained by the
Secretary of State.
(i) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years specified in
subdivision (g) to resolve outstanding claims against the deposit
account.
SEC. 7. Section 1812.54 of the Civil Code is amended to read:
1812.54. (a) Every contract for dance studio lessons and other
services shall provide that performance of the agreed-upon lessons
will begin within 12 months from the date the contract is entered
into.
(b) Every contract for dance studio lessons and other services
shall further provide all of the following:
(1) That the contract may be canceled within 180 days after the
date of receipt by the customer of a copy of the contract by written
notice to the other party at the address specified in the contract,
and all moneys paid pursuant to the contract shall be refunded within
10 days of receipt of the notice of cancellation, except that
payment shall be made for any dance studio lessons and other services
received prior to the cancellation.
(2) That the contract may be canceled after 180 days after the
date of receipt by the customer of a copy of the contract by written
notice to the other party at the address specified in the contract,
and the student canceling the contract shall be thereafter entitled
to a refund, within 10 days of receipt by the dance studio of notice
of cancellation, of all moneys paid pursuant to the canceled contract
with the exception that the dance studio shall be entitled to 10
percent of the unpaid balance pursuant to the terms of the canceled
contract, and except further that, in addition to the foregoing,
payment shall be made for any dance studio lessons and other services
received prior to the cancellation.
(c) Every contract for dance studio lessons and other services
shall contain a written statement of the hourly rate charged for each
type of lesson for which the student has contracted. If the
contract includes dance studio lessons that are sold at different
per-hour rates, the contract shall contain separate hourly rates for
each different type of lesson sold. All other services for which the
student has contracted that are not capable of a per-hour charge
shall be set forth in writing in specific terms. The statement shall
be contained in the dance studio contract before the contract is
signed by the buyer.
(d) Every dance studio subject to Sections 1812.64 to 1812.66,
inclusive, shall include in every contract for dance studio lessons
or other services a statement that the studio is bonded and that
information concerning the bond may be obtained by writing to the
office of the Secretary of State. If the studio has elected to make a
cash deposit in lieu of procuring a bond, the contract shall contain
a description of the cash deposit.
SEC. 8. Section 1812.66 of the Civil Code is amended to read:
1812.66. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
Section 996.430 of the Code of Civil Procedure, establish the claim
by furnishing evidence to the Secretary of State of a money judgment
entered by a court together with evidence that the claimant is a
person described in Section 1812.65.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval thereon. The claim shall be designated an
"approved claim."
(c) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless there are insufficient funds in
the deposit, in which case each approved claim shall be paid a pro
rata share of the deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit account after the expiration of a 240-day period,
the date of approval of that claim shall begin a new 240-day period
to which subdivision (c) shall apply with respect to the amount
remaining in the deposit account.
(e) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (c) and (d) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(f) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the dance
studio, other than as to an amount no longer needed or required for
the purpose of this title that would otherwise be returned to the
dance studio by the Secretary of State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a dance studio or has filed a
bond pursuant to Section 1812.64, provided that there are no
outstanding claims against the deposit. The written notice shall
include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of a dance studio or has filed a bond with the
Secretary of State. The Secretary of State shall forward an
acknowledgment of receipt of the written notice to the assignor at
the address indicated therein, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
(h) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years specified in
subdivision (g) to resolve outstanding claims against the deposit
account.
SEC. 9. Section 1812.105 of the Civil Code is amended to read:
1812.105. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
Section 996.430 of the Code of Civil Procedure, establish the claim
by furnishing evidence to the Secretary of State of a money judgment
entered by a court together with evidence that the claimant is a
person described in Section 1812.104.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(c) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (c) shall apply with respect to the amount
remaining in the deposit.
(e) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (c) and (d) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(f) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the discount
buying organization, other than as to an amount as no longer needed
or required for the purpose of this title that would otherwise be
returned to the discount buying organization by the Secretary of
State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a discount buying organization or
has filed a bond pursuant to Section 1812.103, provided that there
are no outstanding claims against the deposit. This written notice
shall include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of a discount buying organization or has filed
a bond with the Secretary of State. The Secretary of State shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and anticipated date of release of the
deposit, provided there are no outstanding claims against
the deposit.
(h) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years specified in
subdivision (g) to resolve outstanding claims against the deposit.
SEC. 10. Section 1812.129 of the Civil Code is amended to read:
1812.129. (a) The Secretary of State shall enforce the provisions
of this title that govern the filing and maintenance of bonds and
deposits in lieu of bonds.
(b) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or the deposit in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
SEC. 11. Section 1812.503 of the Civil Code is amended to read:
1812.503. (a) Every employment agency subject to this title shall
maintain a bond issued by a surety company admitted to do business
in this state. The principal sum of the bond shall be three thousand
dollars ($3,000). A copy of the bond shall be filed with the
Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts or omissions, or failure to provide the services of the
employment agency in performance of the contract with the jobseeker,
by the employment agency or its agents, representatives, or employees
while acting within the scope of their employment.
(c) (1) No employment agency shall conduct any business without
having a current surety bond in the amount prescribed by this title
and filing a copy of the bond with the Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the employment
agency and the Secretary of State, identifying the bond and the date
of cancellation or termination.
(3) If any employment agency fails to obtain a new bond and file a
copy of that bond with the Secretary of State by the effective date
of the cancellation or termination of the former bond, the employment
agency shall cease to conduct any business unless and until a new
surety bond is obtained and a copy of that bond is filed with the
Secretary of State.
(d) When a deposit has been made in lieu of the bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a claimant has established the claim with the Secretary
of State, the Secretary of State shall review and approve the claim
and enter the date of approval thereon. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to any amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivision (f) or (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
employment agency, other than as to an amount as no longer needed or
required for the purpose of this title that would otherwise be
returned to the employment agency by the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of an employment agency or has filed
a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. This written notice shall
include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of an employment agency or has filed a bond
with the Secretary of State. The Secretary of State shall forward an
acknowledgment of receipt of the written notice to the assignor at
the address indicated therein, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
(k) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit
account.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond as
set forth in Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 12. Section 1812.510 of the Civil Code is amended to read:
1812.510. (a) Every employment counseling service subject to this
title shall maintain a bond issued by a surety company admitted to
do business in this state. The principal sum of the bond shall be
ten thousand dollars ($10,000). A copy of the bond shall be filed
with the Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts of omissions, or failure to provide the services of the
employment counseling service in performance of the contract with the
customer by the employment counseling service or its agents,
representatives, or employees while acting within the scope of their
employment.
(c) (1) No employment counseling service shall conduct any
business without having a current surety bond in the amount
prescribed by this title and filing a copy of the bond with the
Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the employment
counseling service and the Secretary of State, identifying the bond
and the date of cancellation or termination.
(3) If any employment counseling service fails to obtain a new
bond and file a copy of that bond with the Secretary of State by the
effective date of the cancellation or termination of the former bond,
the employment counseling service shall cease to conduct any
business unless and until a new surety bond is obtained and a copy of
that bond is filed with the Secretary of State.
(d) When a deposit has been made in lieu of the bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a person has established the claim with the Secretary of
State, the Secretary of State shall immediately review and approve
the claim and enter the date of approval on the claim. The claim
shall be designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit account after the expiration of the 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which subdivision (f) shall apply with respect to the
amount remaining in the deposit account.
(h) After a deposit account is exhausted, no further claims shall
be paid by the Secretary of State. Claimants who have had their
claims paid in full or in part pursuant to subdivisions (f) and (g)
shall not be required to return funds received from the deposit for
the benefit of other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
employment counseling service, other than as to an amount as no
longer needed or required for the purpose of this title that would
otherwise be returned to the employment counseling service by the
Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a counseling service or has filed
a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. Written notification to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a counseling service
or has filed a bond with the Secretary of State. The Secretary of
State shall forward an acknowledgment of receipt of the written
notice to the assignor at the address indicated in the notice,
specifying the date of receipt of the written notice and anticipated
date of release of the deposit, provided there are no outstanding
claims against the deposit account.
(k) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit
account.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or the deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 13. Section 1812.515 of the Civil Code is amended to read:
1812.515. (a) Every job listing service subject to this title
shall maintain a bond issued by a surety company admitted to do
business in this state. The principal sum of the bond shall be ten
thousand dollars ($10,000) for each location. A copy of the bond
shall be filed with the Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of
misrepresentation, deceit, unlawful acts of omissions, or failure to
provide the services of the job listing service in performance of the
contract with the jobseeker, by the job listing service or its
agent, representatives, or employees while acting within the scope of
their employment.
(c) (1) No job listing service shall conduct any business without
having a current surety bond in the amount prescribed by this chapter
and filing a copy of the bond with the Secretary of State,
identifying the bond and the date of cancellation or termination.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the job listing
service and the Secretary of State, identifying the bond and the date
of cancellation or termination.
(3) If any job listing service fails to obtain a new bond and file
a copy of that bond with the Secretary of State by the effective
date of the cancellation or termination of the former bond, the job
listing service shall cease to conduct any business unless and until
a new surety bond is obtained and a copy of that bond is filed with
the Secretary of State.
(d) When a deposit has been made in lieu of a bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid in a pro rata share of
the deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of the 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to the amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (f) and (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the job
listing service, other than as to an amount as no longer needed or
required for the purpose of this title that would otherwise be
returned to the job listing service by the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a job listing service or has
filed a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. Written notification to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a job listing
service or has filed a bond with the Secretary of State. The
Secretary of State shall forward an acknowledgment of receipt of the
written notice to the assignor at the address indicated therein,
specifying the date of receipt of the written notice and anticipated
date of release of the deposit, provided there are no outstanding
claims against the deposit.
(k) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a specified period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit
account.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 14. Section 1812.525 of the Civil Code is amended to read:
1812.525. (a) Every nurses' registry subject to this title shall
maintain a bond issued by a surety company admitted to do business in
this state. The principal sum of the bond shall be three thousand
dollars ($3,000). A copy of the bond shall be filed with the
Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts or omissions, or failure to provide the services of the nurses'
registry in performance of the contract with the nurse by the nurses'
registry or its agents, representatives, or employees while acting
within the scope of their employment.
(c) (1) No nurses' registry shall conduct any business without
having a current surety bond in the amount prescribed by this title
and filing a copy of the bond with the Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the nurses'
registry and the Secretary of State, identifying the bond and the
date of cancellation or termination.
(3) If any nurses' registry fails to obtain a new bond and file a
copy of that bond with the Secretary of State by the effective date
of the cancellation or termination of the former bond, the nurses'
registry shall cease to conduct any business unless and until a new
surety bond is obtained and a copy of that bond is filed with the
Secretary of State.
(d) When a deposit has been made in lieu of a bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to the amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (f) and (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the nurses'
registry, other than as to an amount as no longer needed or required
for the purpose of this title that would otherwise be returned to the
nurses' registry by the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a nurse's registry or has filed a
bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. The written notice to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a nurse's registry
or has filed a bond with the Secretary of State. The Secretary of
State shall forward an acknowledgment of receipt of the written
notice to the assignor at the address indicated therein, specifying
the date of receipt of the written notice and anticipated date of
release of the deposit, provided there are no outstanding claims
against the deposit.
(k) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a specified period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 15. Section 1812.600 of the Civil Code is amended to read:
1812.600. (a) Every auctioneer and auction company shall maintain
a bond issued by a surety company admitted to do business in this
state. The principal sum of the bond shall be twenty thousand
dollars ($20,000). A copy of the bond shall be filed with the
Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person or persons damaged by any fraud,
dishonesty, misstatement, misrepresentation, deceit, unlawful acts or
omissions, or failure to provide the services of the auctioneer or
auction company in performance of the auction by the auctioneer or
auction company or its agents, representatives, or employees while
acting within the scope of their employment.
(c) (1) No auctioneer or auction company shall conduct any
business without having a current surety bond in the amount
prescribed by this section and without filing a copy of the bond with
the Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the auctioneer or
auction company and the Secretary of State, identifying the bond and
the date of cancellation or termination.
(3) If any auctioneer or auction company fails to obtain a new
bond and file a copy of that bond with the Secretary of State by the
effective date of the cancellation or termination of the
former bond, the auctioneer or auction
company shall cease to conduct any business unless and until that
time as a new surety bond is obtained and a copy of that bond is
filed with the Secretary of State.
(d) A deposit may be made in lieu of a bond as set forth in
Section 995.710 of the Code of Civil Procedure. When a deposit is
made in lieu of the bond, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the
Secretary of State of a money judgment entered by a court together
with evidence that the claimant is a person described in subdivision
(b).
(e) When a claimant has established the claim with the Secretary
of State, the Secretary of State shall review and approve the claim
and enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to any amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivision (f) or (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
auctioneer or auction company, other than as to that amount that is
no longer needed or required for the purpose of this section that
otherwise would be returned to the auctioneer or auction company by
the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of an auctioneer or auction company
or has filed a bond pursuant to subdivision (a), provided that there
are no outstanding claims against the deposit. Written notification
to the Secretary of State shall include all of the following: (1)
name, address, and telephone number of the assignor; (2) name,
address, and telephone number of the bank at which the deposit is
located; (3) account number of the deposit; and (4) a statement
whether the assignor is ceasing to engage in the business of an
auctioneer or auction company or has filed a bond with the Secretary
of State. The Secretary of State shall forward an acknowledgment of
receipt of the written notice to the assignor at the address
indicated in the notice, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
(k) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a specified period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit.
(l) If an auctioneer or auction company fails to perform any of
the duties specifically imposed upon him or her pursuant to this
title, any person may maintain an action for enforcement of those
duties or to recover a civil penalty in the amount of one thousand
dollars ($1,000), or for both enforcement and recovery.
(m) In any action to enforce these duties or to recover civil
penalties, or for both enforcement and recovery, the prevailing
plaintiff shall be entitled to reasonable attorney's fees and costs,
in addition to the civil penalties provided under subdivision (l).
(n) Notwithstanding the repeal of Chapter 3.7 (commencing with
Section 5700) of Division 3 of the Business and Professions Code by
the act adding this chapter, any cash security in lieu of the surety
bond formerly required and authorized by former Chapter 3.7
(commencing with Section 5700) of Division 3 of the Business and
Professions Code, shall be transferred to, and maintained by, the
Secretary of State.
(o) The Secretary of State shall charge and collect a filing fee
not to exceed the cost of filing the bond or deposit filed in lieu of
a bond as set forth in Section 995.710 of the Code of Civil
Procedure.
(p) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 16. Section 995.710 of the Code of Civil Procedure is amended
to read:
995.710. (a) Except to the extent the statute providing for a
bond precludes a deposit in lieu of bond or limits the form of
deposit, the principal may, until January 1, 1999, instead of giving
a bond, deposit with the officer any of the following:
(1) Lawful money of the United States. The money shall be
maintained by the officer in an interest-bearing trust account.
(2) Bearer bonds or bearer notes of the United States or the State
of California.
(3) Certificates of deposit payable to the officer, not exceeding
the federally insured amount, issued by banks or savings associations
authorized to do business in this state and insured by the Federal
Deposit Insurance Corporation.
(4) Savings accounts assigned to the officer, not exceeding the
federally insured amount, together with evidence of the deposit in
the savings accounts with banks authorized to do business in this
state and insured by the Federal Deposit Insurance Corporation.
(5) Investment certificates or share accounts assigned to the
officer, not exceeding the federally insured amount, issued by
savings associations authorized to do business in this state and
insured by the Federal Deposit Insurance Corporation.
(6) Certificates for funds or share accounts assigned to the
officer, not exceeding the guaranteed amount, issued by a credit
union, as defined in Section 14002 of the Financial Code, whose share
deposits are guaranteed by the National Credit Union Administration
or guaranteed by any other agency approved by the Department of
Financial Institutions.
(b) The deposit shall be in an amount or have a face value, or in
the case of bearer bonds or bearer notes have a market value, equal
to or in excess of the amount that would be required to be secured by
the bond if the bond were given by an admitted surety insurer.
Notwithstanding any other provision of this chapter, in the case of a
deposit of bearer bonds or bearer notes other than in an action or
proceeding, the officer may, in the officer's discretion, require
that the amount of the deposit be determined not by the market value
of the bonds or notes but by a formula based on the principal amount
of the bonds or notes.
(c) The deposit shall be accompanied by an agreement executed by
the principal authorizing the officer to collect, sell, or otherwise
apply the deposit to enforce the liability of the principal on the
deposit. The agreement shall include the address at which the
principal may be served with notices, papers, and other documents
under this chapter.
(d) The officer may prescribe terms and conditions to implement
this section.
(e) As specified in subdivision (a), this section may not be
utilized after January 1, 1999. Any principal who made a deposit
pursuant to this section prior to January 1, 1999, may continue to
utilize that deposit in lieu of a bond pursuant to this section and
the statute that prescribes a bond; however, the deposit shall not be
renewable pursuant to this section.
SEC. 17. Section 1279 of the Code of Civil Procedure is amended to
read:
1279. A certified copy of the decree of the court, changing the
name of a person, shall within 30 days from the date of the decree,
be filed in the office of the county clerk in the county in which the
person lives.
SEC. 18. Section 318 of the Corporations Code is amended to read:
318. (a) The Secretary of State shall develop and maintain a
registry of distinguished women and minorities who are available to
serve on corporate boards of directors. As used in this section,
"minority" means an ethnic person of color including American
Indians, Asians (including, but not limited to, Chinese, Japanese,
Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks,
Filipinos, and Hispanics.
(b) For each woman or minority who participates in the registry,
the Secretary of State shall maintain information on his or her
educational, professional, community service, and corporate
governance background. That information may include, but is not
limited to:
(1) Paid or volunteer employment.
(2) Service in elected public office or on public boards or
commissions.
(3) Directorships, officerships, and trusteeships of business and
nonprofit entities, including committee experience.
(4) Professional, academic, or community awards or honors.
(5) Publications.
(6) Government relations experience.
(7) Experience with corporate constituents.
(8) Any other areas of special expertise.
(c) In addition to the information subdivision (b) requires, each
woman or minority who participates in the registry may disclose any
number of personal attributes that may contribute to board diversity.
Those attributes may include, but are not limited to, gender,
physical disability, race, or ethnic origin.
(d) In addition to the information subdivision (b) requires, each
woman or minority who participates in the registry may indicate
characteristics of corporations for which he or she would consider,
or is especially interested in, serving as a director. These
characteristics may include, but are not limited to, company size,
industry, geographic location, board meeting frequency, director time
commitments, director compensation, director insurance or
indemnification, or social policy concerns.
(e) Any woman or minority may nominate himself or herself to the
registry by filing with the Secretary of State the information
required by subdivision (b) on a form the secretary prescribes. Any
registrant may attach a copy of his or her resume and up to two
letters of recommendation to his or her registration form. Each
registrant's registration form, together with any attached resume or
letters of recommendation, shall constitute his or her registry
transcript.
(f) The Secretary of State shall make appropriate rules requiring
registrants to renew or update their filings with the registry, as
necessary to ensure continued accuracy of registry information.
(g) The Secretary of State shall assign each registrant a file
number, then enter the information described in subdivisions (b),
(c), and (d) into a data base, using the registrant's file number to
identify him or her. The registry data base shall not disclose any
registrant's name or street address, but may list the city, county,
or ZIP Code of his or her business or residence address. The
secretary shall make data base information available to those persons
described in subdivisions (i) and (j). The secretary may provide
that access either by permitting direct data base searches or by
performing data base searches on written request.
(h) The Secretary of State may also make information contained in
the registry data base available to any person or entity qualified to
transact business in California that regularly engages in the
business of providing data base access or search services; provided,
that data base access will not be construed to entitle the user to
access to any registrant's transcript.
(i) The Secretary of State shall make information contained in a
reasonable number of registrants' transcripts available to any
corporation or its representative. A "representative", for purposes
of this subdivision, may be an attorney, an accountant, or a retained
executive recruiter. A "retained executive recruiter", for purposes
of this subdivision, is an individual or business entity engaged in
the executive search business that is regularly retained to locate
qualified candidates for appointment or election as corporate
directors or executive officers.
(j) The Secretary of State may also grant access to a reasonable
number of registrants' transcripts to any other person who
demonstrates to the secretary's satisfaction that the person does
both of the following:
(1) Seeks access to the registry in connection with an actual
search for a corporate director.
(2) Intends to use any information obtained from the registry only
for the purpose of finding qualified candidates for an open position
on a corporate board of directors.
(k) The Secretary of State may employ reasonable means to verify
that any party seeking access to registry transcript information is
one of those specified in subdivision (i) or (j). To that end, the
secretary may require a representative to identify its principal, but
may not disclose that principal's identity to any other person.
(l) Upon written request specifying the registrant's file number,
the Secretary of State shall provide any party entitled to access to
registry transcripts with a copy of any registrant's transcript. The
secretary may by rule or regulation specify other reasonable means
by which persons entitled thereto may order copies of registrants'
transcripts.
(m) Notwithstanding any other provision of law, no person shall be
entitled to access to information the registry contains, except as
this section specifically provides.
(n) The Secretary of State shall charge fees for registering with
the registry, obtaining access to the registry data base, and
obtaining copies of registrants' transcripts. The Secretary of
State, in consultation with the Senate Commission on Corporate
Governance, Shareholder Rights, and Securities Transactions, shall
fix those fees by regulation. Fees shall be fixed so that the
aggregate amount of all fees collected shall be sufficient to cover
the total cost of administering the registry program. Registration
fees shall be fixed so as to encourage qualified women and minorities
to participate. Fees shall be deposited into the Secretary of State'
s Business Fee Fund.
(o) The Secretary of State may make any rule, regulation,
guideline, or agreement the secretary deems necessary to carry out
the purposes and provisions of this section.
(p) The Secretary of State may cooperate with the California
Commission on the Status of Women, the California Council to Promote
Business Ownership by Women, the Senate Commission on Corporate
Governance, Shareholder Rights, and Securities Transactions, women's
organizations, minority organizations, business and professional
organizations, and any other individual or entity the secretary deems
appropriate, for any of the following purposes:
(1) Promoting corporate use of the registry.
(2) Locating qualified women and minorities and encouraging them
to participate in the registry.
(3) Educating interested parties on the purpose and most effective
use of the registry.
The secretary may also prepare and distribute publications
designed to promote informed use of the registry.
(q) The Secretary of State may seek registrants' consent to be
listed in a published directory of women and minorities eligible to
serve as corporate directors, which will contain a summary of each
listed registrant's qualifications. The secretary may periodically
publish, or cause to be published, such a directory. Only those
registrants who so consent in writing may be included in the
directory. The printed directory shall be provided to any person
upon payment of a fee, which the Secretary of State will determine by
regulation, in consultation with the Senate Commission on Corporate
Governance, Shareholder Rights, and Securities Transactions.
(r) The Secretary of State shall implement this section no later
than January 1, 1995.
(s) At least once in each three-year period during which the
registry is available for corporate use, the Secretary of State, in
consultation with the Senate Commission on Corporate Governance,
Shareholder Rights, and Securities Transactions, shall report to the
Legislature on the extent to which the registry has helped women and
minorities progress toward achieving parity in corporate board
appointments or elections.
(t) The Secretary of State shall notify each University of
California campus and each California State University campus of the
opportunity to maintain the registry created pursuant to this
section. If more than one campus of the university or state
university expresses interest in maintaining the registry, the
Secretary of State shall select a campus based on a competitive
selection process. If a campus is selected, the Secretary of State
shall transfer the information contained in the registry, free of
cost, to that campus. Any University of California or California
State University campus selected to maintain the registry shall do so
in a manner consistent with this section. Funds deposited in the
Secretary of State's Business Fees Fund pursuant to this section
shall be transferred to the university selected to maintain the
registry, and shall be used to administer the registry program. The
Secretary of State shall maintain the registry until a University of
California or California State University campus agrees to do so.
SEC. 20. Section 12511 of the Education Code is amended to read:
12511. Pursuant to subdivision (i) of Article III of the compact,
the commission shall file a copy of its bylaws and any amendment
thereto with the Department of Education.
SEC. 21. Section 18342 of the Education Code is amended to read:
18342. (a) The Board of Trustees of the Santa Paula Union High
School District in Ventura County may, by resolution, provide that
the Santa Paula Union High School Public Library District shall be
governed by a separate board of trustees. Upon adoption, the
resolution shall be filed with the County Clerk of the County of
Ventura. The effective date of the resolution shall not be earlier
than January 1, 1996.
(b) Upon the effective date of the resolution adopted pursuant to
subdivision (a), the name of the Santa Paula Union High School Public
Library District shall be the Blanchard/Santa Paula Library
District.
(c) The governing board shall consist of five members, each of
whom shall be a registered voter residing within the library
district.
(d) Except for the initial board, members appointed pursuant to
paragraph (1) of subdivision (f), and members described in
subdivision (h), of the governing board shall hold office for a fixed
term of four years, beginning on the last Friday in November next
succeeding their appointment or election.
(e) Within 60 days after filing with the County Clerk of the
County of Ventura of the resolution adopted pursuant to subdivision
(a), the Board of Supervisors of the County of Ventura shall appoint
the initial governing board of the library district. The
appointments shall be made from the membership of the Library
Commission of the Santa Paula Union High School Public Library
District.
(f) The first board of trustee shall, at their first meeting, so
classify themselves by lot that their terms shall expire:
(1) Two on the last Friday in November of the first even-numbered
calendar year succeeding his or her appointment.
(2) Three on the last Friday of November of the second succeeding
even-numbered calendar year.
(g) The district shall continue to receive revenues, including
apportioned property taxes and authorized special taxes as if it were
still the Santa Paula Union High School Public Library District.
There shall be no change in district powers or responsibilities.
(h) Notwithstanding any other provision of law, those persons
elected to the board of trustees in 1997 shall hold office for a
fixed five-year term.
SEC. 22. Section 19420 of the Education Code is amended to read:
19420. Within 30 days after the filing with the county clerk or
county board of supervisors of the resolution declaring the
organization of the district, the supervising board of supervisors
shall appoint the required number of library trustees from the
district at large.
SEC. 23. Section 113 of the Government Code is amended to read:
113. The Legislature of California hereby consents to the
retrocession of jurisdiction by the United States of land within this
state upon and subject to each and all of the following express
conditions:
(a) The United States must in writing have requested state
acceptance of retrocession, and unless there is an officer of the
United States empowered by a United States statute to cede
jurisdiction, the request shall be by the act of Congress. The
retrocession may return all jurisdiction to the state or may provide
for concurrent jurisdiction.
(b) When the conditions of subdivision (a) have been found and
declared to have occurred and to exist, by the State Lands
Commission, the commission shall hold a hearing to determine whether
acceptance of the retrocession is in the best interests of the state.
Notice of the hearing shall be published pursuant to Section 6061
in each county in which the land or any part of the land is situated
and a copy of the notice shall be personally served upon the clerk of
the board of supervisors of each such county. The State Lands
Commission shall make rules and regulations governing the conditions
and procedure of the hearings.
(c) The determination of the State Lands Commission shall be final
and jurisdiction accepted shall become effective when certified
copies of its orders or resolutions have been recorded in the office
of the county recorder of each county in which any part of the land
is situated. The State Lands Commission shall keep copies of its
orders or resolutions and make them available to the public upon
request.
SEC. 24. Section 126 of the Government Code is amended to read:
126. Notwithstanding any other provision of law, general or
special, the Legislature of California hereby cedes concurrent
criminal jurisdiction to the United States within land held by the
United States upon and subject to each and all of the following
express limitations, conditions, and reservations, in addition to any
other limitations, conditions, or reservations prescribed by law:
(a) The lands must be held by the United States for the erection
of forts, magazines, arsenals, dockyards, and other needful
buildings, or other public purpose within the purview of clause 17 of
Section 8 of Article I of the Constitution of the United States, or
for the establishment, consolidation, and extension of national
forests under the act of Congress approved March 1, 1911, (36 Stat.
961) known as the "Weeks Act," or for any other federal purposes.
(b) The cession must be pursuant to and in compliance with the
laws of the United States.
(c) The United States must in writing have requested the state to
cede concurrent criminal jurisdiction within such land and subject to
each and all of the conditions and reservations in this section and
in Section 7 of Article X of the Constitution prescribed.
(d) The State Lands Commission is authorized for the state to cede
concurrent criminal jurisdiction to the United States, upon having
found and declared that the conditions and reservations prescribed in
subdivisions (a), (b), (c), and (g) have occurred and exist and that
the cession is in the interest of the state. Certified copies of
its orders or resolutions making these findings and declarations
shall be recorded in the office of the county recorder of each county
in which any part of the land is situated. The State Lands
Commission shall keep copies of its orders or resolutions and make
them available to the public upon request. The purposes for which
concurrent criminal jurisdiction is ceded shall be specified in and
made a part of the orders or resolutions.
(e) Jurisdiction ceded pursuant to this section continues only so
long as the land continues to belong to the United States and is held
by it for the purpose for which jurisdiction is ceded in accordance
and in compliance with each and all of the limitations, conditions,
and reservations in this section prescribed, or for five years,
whichever period is less.
(f) "Land held by the United States", as used in this section
means: (1) lands acquired in fee by purchase or condemnation, (2)
lands owned by the United States that are included in the military
reservation by presidential proclamation or act of Congress, (3)
leaseholds acquired by the United States over private lands or
state-owned lands, and (4) any other lands owned by the United States
including, but not limited to, public domain lands that are held for
a public purpose.
(g) In ceding concurrent criminal jurisdiction, the Legislature
and the state reserve jurisdiction over the land, water, and use of
water with full power to control and regulate the acquisition, use,
control, and distribution of water with respect to the land affected
by the cession.
(h) In ceding concurrent criminal jurisdiction, the Legislature
and the state except and reserve to the state all deposits of
minerals, including oil and gas, in the land, and to the state, or
persons authorized by the state, the right to prospect for, mine, and
remove the deposits from the land.
(i) Concurrent criminal jurisdiction shall vest when certified
copies of the State Lands Commission's orders or resolutions, making
such finding or declaration, have been recorded in the office of the
county recorder of each county in which any part of the land is
situated.
The finding and declaration of the State Lands Commission provided
for in subdivision (d) shall be made only after a public hearing.
Notice of the hearing shall be published pursuant to Section 6061 in
each county in which the
land or any part of the land is situated and a copy of the notice
shall be personally served upon the clerk of the board of supervisors
of each such county. The State Lands Commission shall make rules
and regulations governing the conditions and procedure of the
hearings, which shall provide that the cost of publication and
service of notice and all other expenses incurred by the commission
shall be borne by the United States.
The provisions of this section do not apply to any land or water
areas heretofore or hereafter acquired by the United States for
migratory bird reservations in accordance with Sections 10680 to
10685, inclusive, of the Fish and Game Code.
SEC. 25. Section 12302 of the Government Code is amended to read:
12302. The Treasurer may appoint one deputy treasurer at the
annual salary as the Treasurer shall establish. The Treasurer may
also designate and appoint, or terminate the designation and
appointment of, any officer or employee of his or her office, in
addition to the deputy treasurer, to have the powers and liabilities
of a deputy. The appointment or termination of appointment shall be
effective upon signing by the Treasurer. The Treasurer may also
appoint and fix the salaries, subject to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5), of such
officers and employees as may be necessary to carry out the duties of
the office. The Treasurer may appoint as civil executive officers:
one cashier, one bond officer, one deposit officer, one vault
officer, one principal accountant, one bookkeeper, and one
secretary-stenographer.
SEC. 26. Section 12402 of the Government Code is amended to read:
12402. The Controller may organize his or her office into
divisions and may, in conformity with the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5) and the State
Constitution, appoint deputy controllers, chiefs of divisions, and
other subordinate officers and employees as may be necessary for the
proper conduct of the office. In addition to deputy controllers that
may hold title and office pursuant to the power of appointment
vested in the Controller by Section 4 of Article VII of the State
Constitution or pursuant to appointment of an established
classification in the state civil service, the Controller may
designate and appoint, or terminate the designation and appointment
of, any officers or employees of his or her office having status in
other classifications in the state civil service, to act as deputy
controllers while performing the duties of their established
classifications. Appointments and terminations of appointments made
pursuant to this section shall be effective when signed by the
Controller.
SEC. 27. Section 23600 of the Government Code is amended to read:
23600. The county seats of the respective counties of the state,
as fixed by law and designated in this article, are declared to be
the county seats of the respective counties. In any case where a
county seat is an incorporated city, it includes all territory
heretofore or hereafter annexed to the incorporated city.
The board of supervisors shall designate by resolution an
alternative temporary county seat, which may be outside the
boundaries of the county, for use in the event of war or enemy-caused
disaster, or the imminence thereof, but real property outside the
boundaries of the county shall not be purchased by a county for use
as a temporary county seat. A copy of the resolution shall be filed
with the appropriate county officials in that county and the
alternative county. A different temporary county seat may be so
designated at any time as circumstances indicate the desirability of
such a change.
The board, and any county officer or agency as directed by the
board, shall provide such facilities of any kind at the temporary
county seat as appear desirable for the functioning of the government
of the county at the temporary county seat in the event that it
becomes necessary, pursuant to this section.
SEC. 28. Section 23713 of the Government Code is amended to read:
23713. Two copies of the complete text of a charter proposal or
of any revised, amended, or repealed section ratified by the electors
of a county shall be certified and authenticated by the chairperson
and clerk of the governing body and attested by the county elections
official, setting forth the submission of the charter to the electors
of the county, and its ratification by them. One copy shall be
recorded in the office of the recorder of the county and then shall
be filed in the office of the county elections official.
The county elections official shall record the second copy along
with the following:
(a) Certified copies of all publications and notices required of
the county by this chapter or by the laws of this state in connection
with an election to propose or revise a county charter.
(b) Certified copies of any arguments for or against the charter
proposal or revision that were mailed to voters pursuant to Sections
9162 and 13303 of the Elections Code.
(c) A certified abstract of the vote at the election at which the
charter proposal or revision was approved by the voters.
SEC. 29. Section 25004 of the Government Code is amended to read:
25004. It may adopt a seal. A description and impression of the
seal shall be filed in the office of the county clerk.
SEC. 30. Section 34460 of the Government Code is amended to read:
34460. Two copies of the complete text of a charter proposal or
of any amended or repealed section ratified by the voters of a city
or city and county shall be certified and authenticated by the
chairperson and the clerk of the governing body and attested by the
city clerk, setting forth the submission of the charter to the voters
of the city, and its ratification by them. One copy shall be filed
with the recorder of the county in which the city is located, and one
in the archives of the city. In the case of a city and county, one
copy shall be filed with the recorder thereof, and one in the
archives of the city and county. Each copy filed with the recorder
of the county or city and county and in the archives of the city or
city and county shall be filed with the following:
(a) Certified copies of all publications and notices required of
the city by this chapter or by the laws of this state in connection
with the calling of an election to propose, amend, or repeal a city
charter.
(b) Certified copies of any arguments for or against the charter
proposal, amendment, or repeal which were mailed to voters pursuant
to Sections 9281 and 13303 of the Elections Code.
(c) A certified abstract of the vote at the election at which the
charter proposal, amendment, or repeal was approved by the voters.
SEC. 31. Section 61230 of the Government Code is amended to read:
61230. By resolution, the board may change the name of the
district. The change of name shall be effective upon recording a
certified copy in the office of the county recorder of the county or
counties in which the district is situated.
SEC. 32. Section 65584.3 of the Government Code is amended to
read:
65584.3. (a) A city that is incorporated to promote commerce and
industry, that is located in the County of Los Angeles, and that has
no residentially zoned land within its boundaries on January 1, 1992,
may elect to adopt a housing element that makes no provision for new
housing or the share of regional housing needs as determined
pursuant to Section 65584 for the current and subsequent revisions of
the housing element pursuant to Section 65588, for the period of
time that 20 percent of all tax increment revenue accruing from all
redevelopment projects, and required to be set aside for low- and
moderate-income housing pursuant to Section 33334.2 of the Health and
Safety Code, is annually transferred to the Housing Authority of the
County of Los Angeles.
(b) (1) The amount of tax increment to be transferred each year
pursuant to subdivision (a) shall be determined at the end of each
fiscal year, commencing with the 1992-93 fiscal year. This amount
shall be transferred within 30 days of the agency receiving each
installment of its allocation of tax increment moneys, commencing in
1993.
(2) On or before December 31, 1992, the agency shall make an
additional payment to the Housing Authority of the County of Los
Angeles that eliminates any indebtedness to the low- and
moderate-income housing fund pursuant to Section 33334.3. This
amount shall be reduced by any amount actually expended by the
redevelopment agency for principal or interest payments on agency
bonds issued prior to the effective date of the act that adds this
section, when that portion of the agency's tax increment revenue
representing the low- and moderate-income housing set-aside funds was
lawfully pledged as security for the bonds, and only to the extent
that other tax increment revenue in excess of the 20-percent low- and
moderate-income set-aside funds is insufficient in that fiscal year
to meet in full the principal and interest payments.
(c) The Department of Housing and Community Development shall
annually review the calculation and determination of the amount
transferred pursuant to subdivisions (a) and (b). The department may
conduct an audit of these funds if and when the Director of Housing
and Community Development deems an audit appropriate.
(d) The amount transferred pursuant to subdivisions (a) and (b)
shall fulfill the obligation of that city's redevelopment agency to
provide for housing for low- and moderate-income families and
individuals pursuant to Sections 33334.2 to 33334.16, inclusive, of
the Health and Safety Code. The use of these funds for low- and
moderate-income families in the region of the Southern California
Association of Governments within which the city is located shall be
deemed to be of benefit to the city's redevelopment project areas.
(e) (1) The amount transferred pursuant to subdivisions (a) and
(b) to the Housing Authority of the County of Los Angeles shall be
expended to provide housing and assistance, including, but not
limited to, that specified in subdivision (e) of Section 33334.2 of
the Health and Safety Code for low-and moderate-income families and
individuals, in the region of the Southern California Association of
Governments within which the city is located.
(2) Funds expended pursuant to this subdivision shall be expended
in accordance with all of the following:
(A) The funds shall be expended for the construction of low- and
moderate-income housing located no further than 15 miles from the
nearest boundary line of the City of Industry.
(B) The low- and moderate-income housing constructed pursuant to
this subdivision shall be in addition to any other housing required
by the housing element of the general plan of the jurisdiction in
which the low- and moderate-income housing is constructed.
(C) Funds may be encumbered by the Housing Authority of the County
of Los Angeles for the purposes of this subdivision only after the
authority has prepared a written plan for the expenditure of funds to
be transferred to the authority pursuant to this subdivision and has
filed a copy of this expenditure plan with the Department of Housing
and Community Development.
(f) A city that meets the conditions specified in subdivision (d)
shall continue to have responsibility for preparing a housing element
pursuant to Section 65583 only to the extent to which the assessment
of housing needs, statement of goals and objectives, and the
five-year schedule of actions relate to the city's plan to maintain,
preserve, and improve the housing that exists in the city on the
effective date of the act which adds this section.
(g) This section shall not become operative unless and until a
parcel of land, to be dedicated for the construction of a high
school, is transferred pursuant to a written agreement between the
City of Industry and the Pomona Unified School District, and a copy
of this agreement is filed with the County Clerk of the County of Los
Angeles.
SEC. 33. Section 68083 of the Government Code is amended to read:
68083. (a) Upon the occurrence of a vacancy in a municipal court
judgeship, other than the sole remaining municipal court judgeship
for the county, if the Governor finds there are sufficient funds for
the conversion of a municipal court judgeship into a superior court
judgeship and finds that the administration of justice would be
advanced by such a conversion, the number of municipal court judges
for the county shall then be reduced by one and the number of
superior court judges for the county shall be increased by one.
Prior to making a determination, the Governor shall consider the
following factors:
(1) The geographic separation of the two courts.
(2) The fiscal impact of the conversion.
(3) The existence of a coordination plan approved pursuant to
Section 68112 that permits blanket cross-assignment of superior court
judges and municipal court judges to assist in the timely processing
of cases before all of the courts in the county.
(b) For purposes of this section, a vacancy in a municipal court
judgeship shall be deemed to occur only upon the appointment or
election of a municipal court judge to another office, or to a court
other than a superior court judgeship that was created within three
years pursuant to this section, upon the removal or death of the
municipal court judge holding that judgeship, or upon the resignation
or retirement of a municipal court judge who has reached the age of
retirement.
(c) The Governor's finding shall become effective when signed by
the Governor.
(d) When a finding by the Governor that a position should be
reallocated takes effect, the Judicial Council shall reallocate to
the superior court the funding in support of the municipal court
salary and the chamber staff positions as well as any other required
funding.
SEC. 34. Section 68116 of the Government Code is amended to read:
68116. Any order of the Chairperson of the Judicial Council
pursuant to this chapter shall take effect immediately upon its
issuance. The Chairperson of the Judicial Council may at any time
revoke or terminate his or her order or any part of the order. The
order of revocation or termination shall not affect the status or
validity of any transfer made prior thereto or of trials in progress,
and the judges presiding in these trials shall continue doing so
until the trials have concluded.
SEC. 35. Section 2224 of the Health and Safety Code is amended to
read:
2224. The county clerk shall immediately file for record in the
office of the county recorder of each county in which any portion of
the land embraced in the district is situated, and shall also forward
to each board of supervisors of each of the other counties, if any,
in which any portion of the district is situated, a certified copy of
the order of the board of supervisors. From and after the date of
the filing of the certified copy with all county recorders of the
affected counties, the district named therein is organized as a
district, with all the rights, privileges, and powers set forth in
this chapter, or necessarily incident to this chapter.
SEC. 36. Section 2226 of the Health and Safety Code is amended to
read:
2226. Upon receipt of the certified copy of the resolution the
board of supervisors shall:
(a) Enter an order changing the district's name to the name set
forth in the resolution.
(b) Transmit a certified copy of the order to the board of
supervisors of any other county in which any portion of the district
is situated.
(c) Record a certified copy of the order in the office of the
county recorder of each of the counties in which any portion of the
district is situated.
(d) File a certified copy of the order in the office of the State
Board of Equalization.
From and after the date of the filing of the certified copy with
all county recorders and boards of supervisors of the affected
counties, the new name shall be the official name of the district.
SEC. 37. Section 4739.5 of the Health and Safety Code is amended
to read:
4739.5. By resolution, the board may change the name of the
district. The change of name shall be effective upon recording a
certified copy in the office of the county recorder of the county or
counties in which the district is situated.
SEC. 38. Section 6501 of the Health and Safety Code is amended to
read:
6501. By resolution, the board may change the name of the
district. Any name resulting from a change shall include the words
"Sanitary District" or shall be a name that is descriptive of the
functions of the district. The change of name shall be effective
upon recording a certified copy in the office of the county recorder
of the county or counties in which the district is situated.
SEC. 39. Section 13830 of the Health and Safety Code is amended to
read:
13830. If the district lies in one county, immediately after
entering the resolution in the board minutes pursuant to Section
13829, the county clerk shall cause to be recorded in the office of
the county recorder of the county for which he or she is county clerk
a certified copy of the resolution forming the district. Thereupon,
the organization of the district shall be complete.
SEC. 40. Section 13876 of the Health and Safety Code is amended to
read:
13876. A district board may adopt a resolution to change the name
of the district. The resolution shall comply with the requirements
of Chapter 23 (commencing with Section 7530) of Division 7 of Title 1
of the Government Code. Within 10 days of its adoption, the
district board shall file a copy of the resolution with the county
clerk, and the board of supervisors and the local agency formation
commission of each county in which the district is located.
SEC. 42. Section 32137 of the Health and Safety Code is amended to
read:
32137. The board of directors may, by resolution, change the name
of the district. The change in the name of the district shall be
effective upon the filing of a verified copy of the resolution with
the county clerk of the county or counties in which the hospital
district lies.
SEC. 43. Section 33102 of the Health and Safety Code is amended to
read:
33102. The agency shall cause a certified copy of the ordinance
to be filed in the office of the county clerk.
SEC. 44. Section 34116 of the Health and Safety Code is amended to
read:
34116. The commission shall cause a certified copy of the
ordinance to be filed with the Department of Housing and Community
Development.
SEC. 45. Section 9626 of the Public Resources Code is amended to
read:
9626. If the action of the board of supervisors on this request
is favorable, it shall cause certified copies of the resolution to be
forwarded to the board of directors initiating the request, the
boards of supervisors and county clerks of all the other counties in
which any portion of the district lies and the State Board of
Equalization.
SEC. 46. Section 29728 of the Public Resources Code is amended to
read:
29728. "Primary zone" means the delta land and water area of
primary state concern and statewide significance which is situated
within the boundaries of the delta, as described in Section 12220 of
the Water Code, but that is not within either the urban limit line or
sphere of influence line of any local government's general plan or
currently existing studies, as of January 1, 1992. The precise
boundary lines of the primary zone includes the land and water areas
as shown on the map titled "Delta Protection Zones" on file with the
State Lands Commission. Where the boundary between the primary zone
and secondary zone is a river, stream, channel, or waterway, the
boundary line shall be the middle of that river, stream, channel, or
waterway.
SEC. 47. Section 29731 of the Public Resources Code is amended to
read:
29731. "Secondary zone" means all the delta land and water area
within the boundaries of the delta not included within the primary
zone, subject to the land use authority of local government, and that
includes the land and water areas as shown on the map titled "Delta
Protection Zones" on file with the State Lands Commission.
SEC. 48. Section 30150 of the Public Resources Code is amended to
read:
30150. Notwithstanding the maps adopted pursuant to Section 17 of
Chapter 1330 of the Statutes of 1976, as amended by Section 29 of
Chapter 1331 of the Statutes of 1976, the inland boundary of the
coastal zone, as shown on the detailed coastal maps adopted by the
commission on March 1, 1977, is amended by maps 1 to 35, inclusive,
dated September 12, 1979, and which are on file in the office of the
commission. Maps 1 to 35, inclusive, are hereby adopted by
reference.
The areas deleted and added to the coastal zone are specifically
shown on maps 1 to 35, inclusive, adopted by this section, and are
generally described in this chapter.
SEC. 49. Section 7578 of the Public Utilities Code is amended to
read:
7578. No contract of the type provided for in this article shall
be valid as against any subsequent judgment creditor or any
subsequent bona fide purchaser for value and without notice, unless
all of the following conditions are met:
(a) The contract is evidenced by an instrument executed by the
parties and duly acknowledged by the vendee, lessee, or bailee, as
the case may be, or duly proved before some person authorized by law
to take acknowledgments of deeds, and in the same manner as deeds are
acknowledged or proved.
(b) Each car or locomotive engine so sold, leased, or hired, or
contracted to be sold, leased, or hired has the name of the vendor,
lessor, or bailor plainly marked in letters not less than one inch in
size on each side thereof, followed by the word "owner," or "lessor,"
or "bailor," as the case may be.
SEC. 50. Section 7579 of the Public Utilities Code is repealed.
SEC. 51. Section 11895 of the Public Utilities Code is amended to
read:
11895. A district may, by resolution adopted by a majority of the
board, change its name. A certified copy of the resolution changing
the name of the district shall be recorded in each county included
in whole or in part within the district and shall be transmitted to
the Treasurer.
SEC. 52. Section 22258 of the Public Utilities Code is amended to
read:
22258. A certified copy of the resolution shall be recorded in
the office of the recorder of each affected county.
SEC. 53. Section 29254 of the Public Utilities Code is repealed.
SEC. 54. Section 30205 of the Public Utilities Code is amended to
read:
30205. Each director appointed by the Board of Supervisors of the
County of Los Angeles shall be appointed by resolution, and each
director appointed by the Mayor of the City of Los Angeles, subject
to confirmation by the City Council of the City of Los Angeles, shall
be confirmed by resolution, and certified copies of the resolutions,
together with notices of appointments made thereby, shall be
forwarded without delay to the secretary of the district and to the
County Clerk of Los Angeles County.
SEC. 55. Section 30944 of the Public Utilities Code is repealed.
SEC. 56. Section 100464 of the Public Utilities Code is repealed.
SEC. 57. Section 27123 of the Streets and Highways Code is amended
to read:
27123. Those directors appointed by the board of supervisors of a
county shall be appointed by resolution of the board of supervisors,
and a copy of the resolution shall be filed with the county clerk or
maintained with the board of supervisors, and a certified copy of
the resolution shall be immediately forwarded to the Department of
Transportation.
SEC. 59. Section 30321.5 of the Water Code is amended to read:
30321.5. The county clerk shall immediately cause to be filed
with the county assessor and the State Board of Equalization a
certificate listing all of the following:
(a) The name of the district.
(b) The date of the order declaring the district formed.
(c) The county or counties in which the district is located, and a
map or plat indicating the boundaries established for the district
as required by Chapter 8 (commencing with Section 54900) of Part 1 of
Division 2 of Title 5 of the Government Code.
If the order declaring the district formed contains all of the
information required to be in the certificate, the county clerk may
cause a copy of the order to be filed in lieu of the certificate.
SEC. 60. Section 30322 of the Water Code is amended to read:
30322. The district shall have been duly incorporated upon the
filing of the certificate or a copy of the order declaring the
district formed with the county assessor and the State Board of
Equalization.
SEC. 61. Section 30323 of the Water Code is amended to read:
30323. From and after the date of the filing with the county
assessor and the State Board of Equalization, the district named in
the filing is incorporated as a county water district with all the
rights, privileges, and powers set forth in this division and
necessarily incident to this division.
SEC. 62. Section 31006 of the Water Code is amended to read:
31006. Notwithstanding any other provision of law, any district
formed under this division may, by resolution of the board of the
district spread on its minutes, change the name of the district.
That changed name need not include the word "county."
Certified copies of the resolution changing the name of the
district shall be recorded in the office of the county recorder of
every county, included in whole or in part, in the district and sent
to the department.
SEC. 63. Section 34501 of the Water Code is amended to read:
34501. The board shall immediately file for record in the office
of the county recorder of each affected county a certified copy of
the order declaring the district formed along with a certificate
listing all of the following:
(a) The name of the district.
(b) The date of formation.
(c) The county or counties in which the district is located, and a
description of the boundaries of the district, or reference to a map
showing the boundaries, which map shall be attached to the
certificate, or reference to the county recorder's office where a
description of the boundaries has been recorded.
SEC. 64. Section 34503 of the Water Code is repealed.
SEC. 65.
Section 71598 of the Water Code is amended to read:
71598. A district may, by resolution of the board of directors
spread on its minutes, change the name of the district. Certified
copies of the resolution changing the name of the district shall be
recorded in the office of the county recorder of every affected
county and sent to the county clerk of every affected county.
SEC. 66. Section 10 of the County Water Authority Act (Chapter 545
of the Statutes of 1943), as amended by Section 2 of Chapter 1408 of
the Statutes of 1985, is amended to read:
Sec. 10. (a) For the purposes of this section, the following
definitions apply to the terms used: the term "city" means and
includes any municipal corporation or municipality of the State of
California, whether organized under a freeholder's charter or under
the provisions of general law of the type and class of cities and
incorporated towns; and the term "water district" means and includes
any municipal water district, municipal utility district, public
utility district, county water district, irrigation district, or any
other public corporation or agency of the State of California of
similar character.
(b) Territory may be annexed to any county water authority
organized under this act by one of the following methods:
(1) By annexation to, or consolidation with, the area of any city,
the area of which, as a separate unit, has become a part of any
county water authority organized under this act, the annexation or
consolidation to occur upon compliance with the provisions of law
governing the annexation to, or consolidation with, the area of the
city. Upon completion of the annexation to, or consolidation with,
the city in compliance with the provisions of law applicable thereto,
the territory shall become, and be, a part of the county water
authority, and the taxable property therein shall be subject to
taxation thereafter for the purposes of the county water authority,
including the payment of bonds and other obligations of the authority
at the time authorized or outstanding.
(2) By annexation to, or consolidation with, any city which, as a
separate unit, has become a part of any water district whose area, as
a separate unit, has become a part of any county water authority
organized under this act, in instances where, under the applicable
provisions of law governing the change of boundaries of the water
district, the annexation or consolidation automatically will result
in the enlargement of the area of the water district, the annexation
or consolidation to occur upon compliance with the provisions of law
governing the annexation to, or consolidation with, the area of the
city. Upon completion of the annexation to, or consolidation with,
the city in compliance with the provisions of law applicable thereto,
the territory shall become, and be, a part of the water district and
of the county water authority, and the taxable property therein
shall be subject to taxation thereafter for the purposes of the water
district and of the county water authority, including payment of
bonds and other obligations of the water district and of the county
water authority at the time authorized or outstanding. If any
territory has been so annexed to, or consolidated with, any city
prior to the effective date of this paragraph, under conditions which
would have resulted in the enlargement of the area of the county
water authority had this paragraph then been in effect, upon
compliance with the following provisions of this paragraph, the
territory shall be annexed to, and shall become and be part of, the
county water authority and shall be a part of the water district for
all purposes, the last-mentioned provisions being as follows:
(A) The governing body of the city, at any time after the
effective date of this paragraph, may adopt an ordinance which, after
reciting that the territory has been annexed to, or consolidated
with, the city by proceedings previously taken under statutory
authority, and after referring to the applicable statutes and to the
date and place of filing of the certificate or certificates
evidencing the annexation or consolidation, shall describe the
territory and shall determine and declare that the territory shall
be, and thereby is, annexed to the county water authority, and the
ordinance shall further determine and declare that the territory
shall become and be, and thereby is, a part of the county water
authority, and shall be, and thereby is, a part of the water district
for all purposes.
(B) The governing body, or clerk thereof, of the city shall file a
certified copy of the ordinance with the county clerk. Upon the
filing of the certified copy of the ordinance in the office of the
county clerk, the territory shall become, and be, a part of the
county water authority and shall be a part of the water district for
all purposes, and the taxable property therein shall be subject to
taxation thereafter for the purposes of the county water authority
and of the water district, including the payment of bonds and other
obligations of the county water authority at the time authorized or
outstanding.
(C) Upon the filing of the certified copy of the ordinance, the
county clerk of the county in which the county water authority is
situated shall, within 10 days, issue a certificate, describing the
territory, reciting the filing of the certified copy of the ordinance
and the annexation of the territory to the county water authority,
and declaring that the territory is a part of the county water
authority and of the water district. The county clerk of the county
in which the county water authority is situated shall transmit the
original of the certificate to the secretary of the county water
authority and a duplicate of the original certificate to the clerk of
the governing body of the water district.
(3) Upon terms and conditions fixed by the board of directors of
the county water authority and in the manner provided in subdivision
(c), by direct annexation, as a separate unit, of the corporate area
of any water district or city.
(4) Upon terms and conditions fixed by the board of directors of
the county water authority and in the manner provided in subdivision
(d), by annexation to, or consolidation with, any water district, the
area of which, in whole or in part, is included within the county
water authority as a separate unit; provided that, unless the
territory is so annexed to the county water authority with the
consent of the board of directors, the annexation of territory to, or
the consolidation of the territory with, the water district does not
authorize or entitle the water district or the territory to demand
or receive any water from the county water authority for use in the
territory; and provided further, that, except where automatic
annexation results under the conditions specified in paragraph (2),
nothing in this act prevents the annexation of territory to, or the
consolidation of territory with, any water district for its local
purposes only and without annexing their territory to the county
water authority, and the local annexation or consolidation may occur
without requesting or obtaining the consent thereto of the board of
directors of the county water authority.
(c) The governing body of any water district or city may apply to
the board of directors of the county water authority for consent to
annex the corporate area of the water district or city to the county
water authority. The board of directors may grant or deny the
application and, in granting the application, may fix the terms and
conditions upon which the corporate area of the water district or
city may be annexed to, and become a part of, the county water
authority. These terms and conditions may provide, among other
things, for the levy by the county water authority of special taxes
upon taxable property within the water district or city, in addition
to the taxes authorized to be levied by the county water authority by
other provisions of this act. In case these terms and conditions
provide for the levy of these special taxes, the board of directors,
in fixing these terms and conditions, shall specify the aggregate
amount to be so raised and the number of years prescribed for raising
the aggregate sum, and that substantially equal annual levies will
be made for the purpose of raising the sum over the period so
prescribed. The action of the board of directors, evidenced by
resolution, shall be promptly transmitted to the governing body of
the applying water district or city and, if the action grants consent
to the annexation, the governing body may thereupon submit, to the
qualified electors of the water district or city at any general or
special election held therein, the proposition of the annexation
subject to the terms and conditions. Notice of the election shall be
mailed to each voter qualified to vote at the election and shall be
given by posting or publication. When notice is given by posting,
the notices shall be posted at least 10 days and in three public
places in the water district or city. When notice is given by
publication, the notice shall be published in the water district or
city pursuant to Section 6061 of the Government Code, at least 10
days before the date fixed for the election. The notice shall
contain the substance of the terms and conditions fixed by the board
of directors. The election shall be conducted and the returns
thereof canvassed in the manner provided by law for elections in the
water district or city. If the proposition receives the affirmative
vote of a majority of electors of the water district or city voting
thereon at the election, the governing body of the water district or
city shall certify the result of the election on the proposition to
the board of directors of the county water authority, together with a
legal description of the boundaries of the corporate area of the
water district or city, accompanied by a map or plat indicating those
boundaries. A certificate of proceedings shall be made by the
secretary of the county water authority and filed with the county
clerk of the county in which the county water authority is situated.
Upon the filing thereof in the office of the county clerk of the
county in which the county water authority is situated, the corporate
area of the water district or city shall become, and be, an integral
part of the county water authority, and the taxable property therein
shall be subject to taxation thereafter for the purposes of the
county water authority, including the payment of bonds and other
obligations of the county water authority at the time authorized or
outstanding, and the board of directors of the county water authority
may do all things necessary to enforce and make effective the terms
and conditions of annexation fixed as authorized. Upon the filing of
the certificate of proceedings, the county clerk of the county in
which the county water authority is situated shall, within 10 days,
issue a certificate, reciting the filing of the papers and the
annexation of the corporate area of the water district or city to the
county water authority. The county clerk of the county in which the
county water authority is situated shall transmit the original of
the certificate to the secretary of the county water authority.
(1) If a water district applies to a county water authority for
consent to annex its corporate area, as a separate unit, the water
district shall include as a part of its corporate area the corporate
areas of any cities (whether one or more) which are already included
within the county water authority as separate units, or the water
district shall include as a part of its corporate area the corporate
areas, or portion thereof, already included within the county water
authority, of any water districts (whether one or more) whose
corporate areas, in whole or in part, are already included within the
county water authority as separate units. That fact shall be taken
into consideration by the board of directors of the county water
authority in fixing the terms and conditions upon which the applying
water district may be annexed to the county water authority, to the
end that the areas within the unit member cities or water districts
which are already a part of the county water authority, shall not be
required to assume any greater financial burden or obligation to the
county water authority than they would have had if they had remained
a part of the county water authority as separate units.
Concurrently with any election called by an applying water
district to submit to the qualified electors of the water district
the question of whether the terms and conditions fixed by the board
of directors of the county water authority for annexation shall be
approved, the governing bodies of the unit member cities or water
districts may call and hold elections within their respective
corporate limits or portions thereof already included within the
county water authority, to determine whether or not the cities or
water districts shall withdraw from the county water authority as
separate units, and the proposed withdrawal may be made and submitted
conditioned upon and effective when the applying water district has
finally been annexed to the county water authority.
The effect of the concurrent elections, if a majority of the
electors of the applying water district voting thereat vote in favor
of annexation, and a majority of the electors of the unit member
cities or water districts voting thereat vote in favor of
withdrawing, shall be that the annexing water district thereafter
shall be authorized to exercise the privileges and to discharge the
duties prescribed in this act for public agencies whose areas, as
separate units, are included within the county water authority, in
place of and instead of the cities or water districts so withdrawing.
Notwithstanding Section 11 of this act, the areas within the
withdrawing cities or water districts shall remain a part of the
county water authority and shall not be excluded therefrom,
notwithstanding the fact that the cities or water districts, as
corporate entities, have withdrawn from the authority.
If the water district does annex to the county water authority,
the directors representing the withdrawing cities or water districts
on the board of directors of the county water authority shall
continue to act until their successors have been chosen and
designated by the appropriate officers of the annexing water district
and have qualified as members of the board of directors of the
county water authority, after which time the directors representing
the withdrawing cities or water districts shall no longer sit or vote
on the board.
(2) If a water district applies to a county water authority for
consent to annex its corporate area as a separate unit, the water
district shall include as a part of its corporate area lands which
are in public ownership exempt from taxation by a county water
authority, and not within or adjacent to the area within the water
district served with water by the district, and which are not to be
supplied by the water district with water obtained from, and by
reason of, its annexation to the county water authority. That fact
may be taken into consideration by the board of directors of the
county water authority in fixing the terms and conditions upon which
the water district may be annexed to the county water authority and
in determining the boundaries of the area to be annexed, and the
county water authority may, in the discretion of its board of
directors, annex all of the corporate area of the water district as a
separate unit excepting that portion consisting of the publicly
owned and tax-exempt lands.
(d) The governing body of any water district, the area of which,
in whole or in part, is included within a county water authority as a
separate unit, may apply to the board of directors of the county
water authority for consent to annex to the county water authority
territory which the water district seeks to annex to, or consolidate
with, the water district, or territory which, without making the
territory a part of the county water authority, already has been
annexed to, or consolidated with, the water district. The board of
directors may grant or deny the application and, in granting the
application, may fix the terms and conditions upon which the
territory may be annexed to, and become a part of, the county water
authority. The terms and conditions may provide, among other things,
for the levy by the county water authority of special taxes upon
taxable property within the territory in addition to the taxes
authorized to be levied by the county water authority by other
provisions of this act. In case the terms and conditions provide for
the levy of those special taxes, the board of directors, in fixing
those terms and conditions, shall specify the aggregate amount to be
so raised and the number of years prescribed for raising that
aggregate sum and that substantially equal annual levies will be made
for the purpose of raising that sum over the period so prescribed.
The action of the board of directors evidenced by resolution shall be
promptly transmitted to the governing body of the applying water
district and to the executive officer of the local agency formation
commission of the county in which the county water authority is
situated, who may defer the issuance of a certificate of filing until
receipt of that resolution, and if the action grants consent to the
annexation, the territory may be annexed to the county water
authority as provided in paragraph (1) or (2).
(1) If the territory has not been previously annexed to, or
consolidated with, the water district, upon completion of the
annexation to, or consolidation with, the water district in
compliance with the provisions of law applicable thereto, including
this section, the territory shall become and be a part of the county
water authority and the taxable property therein shall be subject to
taxation thereafter for the purposes of the county water authority,
including the payment of bonds and other obligations of the county
water authority at the time authorized or outstanding, and the board
of directors of the county water authority may do all things
necessary to enforce and make effective the terms and conditions of
annexation fixed; provided that, if the applicable provisions of law
governing the annexation to, or consolidation with, the water
district require any notice of any election called for the purpose of
determining whether the proposed annexation or consolidation shall
occur, or shall require any notice of hearing or other notice to be
given to the residents or electors of, or owners of property in, the
territory, the notice shall contain the substance of the terms and
conditions of annexation to the county water authority fixed by the
board of directors of the county water authority; and provided
further, that the local agency formation commission shall require
that the annexation to the water district be subject to the terms and
conditions fixed by the board of directors of the county water
authority in addition to any other terms and conditions that may be
required by the commission; and provided further, that the executive
officer of the local agency formation commission having the duty of
preparing, executing, and filing a certificate of completion
resulting in the annexation to, or consolidation with, the water
district, pursuant to the provisions of law applicable thereto, shall
include in the certificate of completion the terms and conditions
fixed by the board of directors of the county water authority in
accordance with the provisions of this act, and shall file a
duplicate of the certificate with the board of directors of the
county water authority.
(2) If the territory sought to be annexed to a county water
authority has been previously annexed to, or consolidated with, the
water district, the governing body of the water district, upon being
advised of the action of the board of directors of the county water
authority, and if the action grants consent to the annexation, may
submit to the qualified electors of the territory, if the territory
has 12 or more registered voters, at any general or special election
held therein, the proposition of the annexation to the county water
authority subject to the terms and conditions fixed by the board of
directors of the county water authority. Notice of the election
shall be given by publication. When the notice is given by posting,
the notice shall be posted at least 10 days and in three public
places in the territory. When the notice is given by publication,
the notice shall be published in the water district pursuant to
Section 6061 of the Government Code at least 10 days before the date
fixed for the election. The notice shall contain the substance of
the terms and conditions fixed by the board of directors. The
election shall be conducted and the returns thereof canvassed by the
governing body of the water district in the manner provided by law
for elections in the water district. If the proposition receives the
affirmative vote of a majority of electors of the territory voting
thereon at the election, the governing body of the water district
shall certify the result of the election on the proposition to the
board of directors of the county water authority. If the territory
has less than 12 registered voters, no election shall be required,
and, following written notice to each owner of property shown on the
last equalized assessment roll and the holding of a hearing not less
than 10 days after that notice, the annexation may be approved upon
the written consent of the owners of more than 50 percent of the
assessed valuation of the territory. A certificate of proceedings
shall be made by the secretary of the county water authority and
filed with the county clerk of the county in which the county water
authority is situated. Upon the filing thereof in the office of the
county clerk of the county in which the county water authority is
situated, the territory shall become, and be, a part of the county
water authority, and the taxable property therein shall be subject to
taxation thereafter for the purposes of the county water authority,
including the payment of bonds and other obligations of the county
water authority at the time authorized or outstanding, and the board
of directors of the county water authority may do all things
necessary to enforce and make effective the terms and conditions of
annexation of the territory to the county water authority fixed by
its board of directors. Upon the filing of the certificate of
proceedings, the county clerk of the county in which the county water
authority is situated shall, within 10 days, issue a certificate
reciting the filing of the papers and the annexation of the territory
to the county water authority. The county clerk of the county in
which the county water authority is situated shall transmit the
original of the certificate to the secretary of the county water
authority.
(e) Should the corporate area, or all portions thereof already
included within a county water authority, of any water district or
city, the corporate area of which, in whole or in part, already is
included within the county water authority as a separate unit, annex
to a water district or city the corporate area of which, in whole or
in part, already is a part of the county water authority as a
separate unit, upon the completion of the annexation pursuant to the
law pertaining thereto, the water district or city, the corporate
area (or portions thereof) of which is so annexed, shall
automatically cease to be a separate unit member of the county water
authority, but the corporate area (or portions thereof) shall remain
a part of the county water authority as a part of the unit member
water district or city to which it was annexed. The executive
officer of the local agency formation commission having the duty of
preparing, executing, and filing the certificate of completion shall
file, in addition to any other filings that may be required by law, a
duplicate of the certificate with the board of directors of the
county water authority.
Should any water district or city, the corporate area of which, in
whole or in part, already is included within a county water
authority as a separate unit, consolidate with a water district or
city the corporate area of which, in whole or in part, already is a
part of the county water authority as a separate unit, under the
provisions of any law by the terms of which, after consolidation, a
new district or city will result and the former water districts or
cities participating in the consolidation shall no longer exist, the
resulting new water district or city shall be substituted for the
water districts or cities whose corporate existence has been
terminated by the consolidation as a unit member of the county water
authority, and the corporate areas (or portions thereof) of the
former water district or cities shall remain a part of the county
water authority as a part of the consolidation. The executive
officer of the local agency formation commission having the duty of
preparing, executing, and filing a certificate of completion shall
file, in addition to any other filings that may be required by law, a
duplicate of the certificate with the board of directors of the
county water authority.
(f) The validity of any proceedings for the annexation to any
county water authority organized under this act, of the corporate
area of a water district or city as a separate unit, or of territory
annexed to, or consolidated with, a water district or city which, as
a unit, has been included within a county water authority, shall not
be contested in any action unless the action has been brought within
three months after the completion of the annexation or, in case the
annexation is completed prior to the time that this subdivision takes
effect, then within three months after this subdivision became
effective.
(g) Whenever territory is annexed to or consolidated with any
water district, the corporate area of which, as a unit, has become a
part of any county water authority organized under this act,
regardless of whether the territory is annexed to and becomes a part
of the county water authority, or whenever territory is annexed to
any city under the conditions specified in paragraph (1) or (2) of
subdivision (b), or whenever territory previously annexed to any city
is annexed to the county water authority under the conditions
specified in paragraph (2) of subdivision (b), the governing or
legislative body, or clerk thereof, of the water district or city,
shall file with the board of directors
of the county water authority a statement of the change
of boundaries of the water district or city, setting forth the legal
description of the boundaries of the water district or city, as so
changed, and of the part thereof within the county water authority,
which statement shall be accompanied by a map or plat indicating
those boundaries.
(h) The inclusion in a county water authority of the corporate
area, in whole or in part, of any municipal water district, municipal
utility district, public utility district, county water district,
irrigation district, or other public corporation or agency of the
state of similar character, referred to in Section 2, shall not
destroy the identity or legal existence or impair the powers of any
municipal water district, municipal utility district, public utility
district, county water district, irrigation district, or other public
corporation or agency of the state of similar character,
notwithstanding the identity of purpose or substantial identity of
purpose of the county water authority.
(i) In determining the number of members of the board of directors
of a county water authority organized under this act, and the number
of votes to be cast by the directors, from the component public
agencies, the corporate areas of which, in whole or in part, are
included as units within the county water authority, there shall be
considered only the assessed valuation of the property taxable for
county water authority purposes lying in the public agencies and in
the county water authority. The directors shall be appointed by the
chief executive officers, with the consent and approval of the
governing bodies, of the component public agencies, respectively,
without regard to whether the chief executive officers or members of
the governing bodies have been chosen from, or represent, areas of
their respective public agencies which lie outside of the county
water authority. The phrase "any water district, the corporate area
of which is included within the county water authority" and the
phrase "each city, the area of which shall be a part of any county
water authority incorporated under this act," and like phrases, used
elsewhere in this act, shall be deemed to mean and refer to any water
district or city, the corporate area of which, either in whole or in
part, is included within the county water authority, but the duties
and obligations of the county water authority shall extend only to
that part of the corporate area of the water district or city that
lies within the county water authority. As to the water district,
city, or public agency, the corporate area of which lies partly
within and partly without the county water authority, the word
"therein" and the phrase "within the city" and like words and
phrases, used elsewhere in this act, shall be deemed to mean and
refer to that part of the corporate area of the water district, city,
or public agency which lies within the county water authority. The
charges for water supplied by the county water authority to any
component public agency, pursuant to its request, shall be and become
an obligation of the public agency, regardless of whether the entire
corporate area of the public agency is included within the county
water authority, and the county water authority, in administrative
and contractual matters, shall deal with the chief executive officers
and governing bodies and other proper officials of the component
public agencies as chosen or constituted under applicable laws
governing the respective public agencies.
SEC. 67. Section 10.2 of the County Water Authority Act (Chapter
545 of the Statutes of 1943), as added by Section 3 of Chapter 1457
of the Statutes of 1976, is amended to read:
Sec. 10.2. (a) Notwithstanding any other provisions of this act,
territory within a federal military reservation may be annexed to any
county water authority organized hereunder as a single member of an
authority in the manner provided in this section. As used in this
section, "federal military reservation" or "military reservation"
means a single federal military reservation or separate but
contiguous federal military reservations which are jointly annexed to
a county water authority as a single member agency of an authority.
(b) Proceedings for the annexation of a military reservation shall
be initiated by the adoption by the board of directors of an
authority of a resolution proposing annexation of a military
reservation to an authority as a member of an authority.
(c) The resolution proposing the annexation may provide that the
annexation shall include one or more separate areas, which may be
separately identified for assessing and tax collecting purposes, and
that each such area may be subject to one or more of the following
terms and conditions:
(1) The fixing and establishment of priorities for the use of, or
right to use, water, or capacity rights in any public improvement or
facilities, and the determination of, or limitation on, the quantity
of, the purposes for which, and the places where, water may be
delivered by the authority to the military reservation for military
purposes and uses incidental thereto, as well as for nonmilitary
purposes.
(2) The levying by the authority of special taxes upon any private
leasehold, possessory interest or other taxable property within the
territory annexed, and the imposition and collection of special fees
or charges prior to the annexation.
(3) Should portions of any area annexed hereunder be subsequently
made available for nonmilitary purposes not in existence at the time
of the annexation of the area, the board of directors of the
authority may impose new terms and conditions for any subsequent
service of water, directly or indirectly, by the authority to that
area, including the separation of such an area for assessing and tax
collecting purposes and the levying by the authority of special taxes
on those portions.
(4) The effective date of the annexation.
(5) Any other matters necessary or incidental to any of the
foregoing.
(d) A certified copy of the resolution proposing annexation shall
be sent to the official in authority over the military reservation.
If the military reservation consents in writing to the annexation and
to the terms and conditions established by the board of directors,
the board may, by resolution, order the annexation to the authority
of the territory situated within the military reservation, subject to
said terms and conditions.
(e) A certificate of proceedings taken hereunder shall be made by
the secretary of the authority and filed with the county clerk of the
county in which the county water authority is situated. Upon the
filing in his or her office of the certificate of proceedings, the
county clerk of the county in which the county water authority is
situated shall, within 10 days, issue a certificate reciting the
filing of such papers in his or her office and the annexation of the
territory to the authority. The county clerk of the county in which
the county water authority is situated shall transmit the original of
said certificate to the secretary of the authority.
(f) Upon the filing of the certificate of proceedings with the
county clerk of the county in which the county water authority is
situated, or upon the effective date of the annexation provided for
in the terms and conditions, whichever is later, the territory within
the military reservation shall become and be an integral part of the
authority, and the taxable property therein shall be subject to
taxation thereafter for the purposes of said authority, including the
payment of bonds and other obligations of the authority at the time
authorized or outstanding, and the board of directors of the
authority shall be empowered to do all things necessary to enforce
and make effective the terms and conditions of annexation fixed as
hereinabove authorized.
(g) On and after the effective date of the annexation, the
military reservation shall be a separate unit member of the authority
and shall be entitled to one representative on the board of
directors of the authority. The representative shall be designated
and appointed by the official in authority over the military
reservation, shall hold office for a term of six years or until his
or her successor is appointed and qualified, and may be recalled by
that official. As a member of the board of directors, the
representative of the military reservation shall be entitled to cast
one vote on all questions, orders, resolutions and ordinances coming
before the board notwithstanding the assessed valuation of property
taxable for authority purposes within the military reservation.
(h) The transfer of ownership of the fee title of a military
reservation, or of any portion thereof, to nonmilitary ownership
after annexation to the authority pursuant to this section shall
result in the automatic exclusion from the authority of the territory
transferred to such ownership.
(i) If a county water authority is a member public agency of a
metropolitan water district organized under the Metropolitan Water
District Act (Chapter 200 of the Statutes of 1969), such metropolitan
water district may impose any or all of the terms and conditions
that may be imposed by a county water authority pursuant to
subdivisions (a) through (h) of this section in any resolution fixing
the terms and conditions for the concurrent annexation of territory
in a military reservation.
SEC. 68. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.