BILL NUMBER: AB 1164 CHAPTERED
BILL TEXT
CHAPTER 140
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JUNE 15, 2009
PASSED THE ASSEMBLY JUNE 22, 2009
AMENDED IN SENATE JUNE 1, 2009
INTRODUCED BY Assembly Member Tran
FEBRUARY 27, 2009
An act to amend Sections 315, 650, 809, 1627.5, 1754.5, 1915,
1925, 1950, 2361, 2660.3, 3041, 4060, 4200, 4301, 4989.54, 7403,
7847, 8027, 17533.6, 17537.12, 21606.5, 23356.2, 24045.4, and 24045.6
of the Business and Professions Code, to amend Sections 1675, 1770,
1780, 1936, 1993, 1993.02, 1993.03, 1993.04, 1993.05, 1993.07,
1993.08, 1993.09, and 2782.96 of the Civil Code, to amend Sections
416.80 and 697.350 of the Code of Civil Procedure, to amend Sections
8210 and 31155 of the Corporations Code, to amend Sections 8300,
8447, 8483.7, 10802, 17078.57, 17282.5, 35400, 41003.3, 42133.5,
42238, 48646, 51241, 52055.650, 54712, 60200.1, 69613, and 69662 of,
to amend the heading of Article 14 (commencing with Section 69785) of
Chapter 2 of Part 42 of Division 5 of Title 3 of, to repeal Section
35294.1 of, to repeal Chapter 5 (commencing with Section 35900) of
Part 21 of Division 3 of Title 2 of, and to amend and renumber
Sections 219 and 66269 of, the Education Code, to amend Sections 9604
and 10704 of the Elections Code, to amend Sections 3041.5 and 17706
of the Family Code, to amend Sections 287, 550, 767, and 17409 of,
and to amend the heading of Chapter 4.5 (commencing with Section 550)
of Division 1 of, the Financial Code, to amend Sections 2302 and
5655 of the Fish and Game Code, to amend Sections 35783.1, 47000,
52891.1, 52892, 52931, and 52932 of the Food and Agriculture Code, to
amend Sections 8206, 8299.01, 8879.73, 8880.321, 11011.1, 14679,
31485.14, 53075.9, 65080, 66704, 70321, and 70374 of , and to repeal
the heading of Article 2.1 (commencing with Section 65892.13) of
Chapter 4 of Division 1 of Title 7 of, the Government Code, to amend
Section 1760 of the Harbors and Navigation Code, to amend Sections
442.5, 1266, 1324.21, 1361.1, 1371, 1371.1, 1522.41, 1798.200,
11752.1, 11758.46, 18931.7, 19997, 25214.12, 25252, 25253, 33684,
42310, 50707, 52013, 103526.5, 107115, 112877, 114094, 130501, and
130506 of, to repeal Sections 1373.65, 1373.95, and 1373.96 of, and
to amend and renumber Section 1571.71 of, the Health and Safety Code,
to amend Sections 779.11, 790.037, 1063.1, 1063.2, 1765, 10123.145,
12693.43, and 12957 of, and to repeal Section 10232.2 of, the
Insurance Code, to amend Sections 87, 2699.5, and 3702.1 of the Labor
Code, to amend Section 1023 of the Military and Veterans Code, to
amend Sections 166, 326.4, 599f, 626.2, 626.8, 653.2, 831.5, 1170.3,
1369.1, 12011, 12071, 12076, and 13777.2 of the Penal Code, to amend
Section 3140 of the Probate Code, to amend Section 7103 of the Public
Contract Code, to amend Sections 4291, 14514.7, 14581, 29735, 41825,
71205.3, and 75125 of the Public Resources Code, to amend Sections
739, 99171, 101223, 103311, 120508, 130680, 130720, and 240308 of,
and to amend and renumber Section 281 of, the Public Utilities Code,
to amend Sections 7093.6, 18862, and 19551.5 of the Revenue and
Taxation Code, to amend Sections 164.53, 1967.10, and 30914 of the
Streets and Highways Code, to amend Sections 1808.4, 4156, 22651, and
26708 of the Vehicle Code, to amend Sections 35521, 79441, and 83002
of the Water Code, to amend Sections 223.1, 241.1, 391, 903.1,
4688.6, 4691, 4783, 4860, 5777, 11402.6, 12315, 14005.25, 14007.9,
14011.16, 14091.3, 14105.19, 14105.191, 14105.3, 14105.86, 14107.2,
14126.033, 14126.034, 14132.725, 14154, 14154.5, 14166.9, 14166.25,
14199.2, 14301.1, 14526.1, and 15660 of, and to amend and renumber
Section 618.5 of, the Welfare and Institutions Code, and to amend
Section 5 of Chapter 898 of the Statutes of 1997, Section 2 of
Chapter 235 of the Statutes of 2008, and Section 65 of Chapter 758 of
the Statutes of 2008, and to add Section 3 to Chapter 635 of the
Statutes of 1999, relating to the maintenance of the codes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1164, Tran. Maintenance of the codes.
Existing law directs the Legislative Counsel to advise the
Legislature from time to time as to legislation necessary to maintain
the codes.
This bill would make nonsubstantive changes in various provisions
of law to effectuate the recommendations made by the Legislative
Counsel to the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 315 of the Business and Professions Code is
amended to read:
315. (a) For the purpose of determining uniform standards that
will be used by healing arts boards in dealing with substance-abusing
licensees, there is established in the Department of Consumer
Affairs the Substance Abuse Coordination Committee. The committee
shall be comprised of the executive officers of the department's
healing arts boards established pursuant to Division 2 (commencing
with Section 500), the State Board of Chiropractic Examiners, the
Osteopathic Medical Board of California, and a designee of the State
Department of Alcohol and Drug Programs. The Director of Consumer
Affairs shall chair the committee and may invite individuals or
stakeholders who have particular expertise in the area of substance
abuse to advise the committee.
(b) The committee shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Division 3
of Title 2 of the Government Code).
(c) By January 1, 2010, the committee shall formulate uniform and
specific standards in each of the following areas that each healing
arts board shall use in dealing with substance-abusing licensees,
whether or not a board chooses to have a formal diversion program:
(1) Specific requirements for a clinical diagnostic evaluation of
the licensee, including, but not limited to, required qualifications
for the providers evaluating the licensee.
(2) Specific requirements for the temporary removal of the
licensee from practice, in order to enable the licensee to undergo
the clinical diagnostic evaluation described in paragraph (1) and any
treatment recommended by the evaluator described in paragraph (1)
and approved by the board, and specific criteria that the licensee
must meet before being permitted to return to practice on a full-time
or part-time basis.
(3) Specific requirements that govern the ability of the licensing
board to communicate with the licensee's employer about the licensee'
s status and condition.
(4) Standards governing all aspects of required testing,
including, but not limited to, frequency of testing, randomness,
method of notice to the licensee, number of hours between the
provision of notice and the test, standards for specimen collectors,
procedures used by specimen collectors, the permissible locations of
testing, whether the collection process must be observed by the
collector, backup testing requirements when the licensee is on
vacation or otherwise unavailable for local testing, requirements for
the laboratory that analyzes the specimens, and the required maximum
timeframe from the test to the receipt of the result of the test.
(5) Standards governing all aspects of group meeting attendance
requirements, including, but not limited to, required qualifications
for group meeting facilitators, frequency of required meeting
attendance, and methods of documenting and reporting attendance or
nonattendance by licensees.
(6) Standards used in determining whether inpatient, outpatient,
or other type of treatment is necessary.
(7) Worksite monitoring requirements and standards, including, but
not limited to, required qualifications of worksite monitors,
required methods of monitoring by worksite monitors, and required
reporting by worksite monitors.
(8) Procedures to be followed when a licensee tests positive for a
banned substance.
(9) Procedures to be followed when a licensee is confirmed to have
ingested a banned substance.
(10) Specific consequences for major violations and minor
violations. In particular, the committee shall consider the use of a
"deferred prosecution" stipulation similar to the stipulation
described in Section 1000 of the Penal Code, in which the licensee
admits to self-abuse of drugs or alcohol and surrenders his or her
license. That agreement is deferred by the agency unless or until the
licensee commits a major violation, in which case it is revived and
the license is surrendered.
(11) Criteria that a licensee must meet in order to petition for
return to practice on a full-time basis.
(12) Criteria that a licensee must meet in order to petition for
reinstatement of a full and unrestricted license.
(13) If a board uses a private-sector vendor that provides
diversion services, standards for immediate reporting by the vendor
to the board of any and all noncompliance with any term of the
diversion contract or probation; standards for the vendor's approval
process for providers or contractors that provide diversion services,
including, but not limited to, specimen collectors, group meeting
facilitators, and worksite monitors; standards requiring the vendor
to disapprove and discontinue the use of providers or contractors
that fail to provide effective or timely diversion services; and
standards for a licensee's termination from the program and referral
to enforcement.
(14) If a board uses a private-sector vendor that provides
diversion services, the extent to which licensee participation in
that program shall be kept confidential from the public.
(15) If a board uses a private-sector vendor that provides
diversion services, a schedule for external independent audits of the
vendor's performance in adhering to the standards adopted by the
committee.
(16) Measurable criteria and standards to determine whether each
board's method of dealing with substance-abusing licensees protects
patients from harm and is effective in assisting its licensees in
recovering from substance abuse in the long term.
SEC. 2. Section 650 of the Business and Professions Code is
amended to read:
650. (a) Except as provided in Chapter 2.3 (commencing with
Section 1400) of Division 2 of the Health and Safety Code, the offer,
delivery, receipt, or acceptance by any person licensed under this
division or the Chiropractic Initiative Act of any rebate, refund,
commission, preference, patronage dividend, discount, or other
consideration, whether in the form of money or otherwise, as
compensation or inducement for referring patients, clients, or
customers to any person, irrespective of any membership, proprietary
interest, or coownership in or with any person to whom these
patients, clients, or customers are referred is unlawful.
(b) The payment or receipt of consideration for services other
than the referral of patients which is based on a percentage of gross
revenue or similar type of contractual arrangement shall not be
unlawful if the consideration is commensurate with the value of the
services furnished or with the fair rental value of any premises or
equipment leased or provided by the recipient to the payer.
(c) The offer, delivery, receipt, or acceptance of any
consideration between a federally qualified health center, as defined
in Section 1396d(l)(2)(B) of Title 42 of the United States Code, and
any individual or entity providing goods, items, services,
donations, loans, or a combination thereof to the health center
entity pursuant to a contract, lease, grant, loan, or other
agreement, if that agreement contributes to the ability of the health
center entity to maintain or increase the availability, or enhance
the quality, of services provided to a medically underserved
population served by the health center, shall be permitted only to
the extent sanctioned or permitted by federal law.
(d) Except as provided in Chapter 2.3 (commencing with Section
1400) of Division 2 of the Health and Safety Code and in Sections
654.1 and 654.2 of this code, it shall not be unlawful for any person
licensed under this division to refer a person to any laboratory,
pharmacy, clinic (including entities exempt from licensure pursuant
to Section 1206 of the Health and Safety Code), or health care
facility solely because the licensee has a proprietary interest or
coownership in the laboratory, pharmacy, clinic, or health care
facility, provided, however, that the licensee's return on investment
for that proprietary interest or coownership shall be based upon the
amount of the capital investment or proportional ownership of the
licensee which ownership interest is not based on the number or value
of any patients referred. Any referral excepted under this section
shall be unlawful if the prosecutor proves that there was no valid
medical need for the referral.
(e) Except as provided in Chapter 2.3 (commencing with Section
1400) of Division 2 of the Health and Safety Code and in Sections
654.1 and 654.2 of this code, it shall not be unlawful to provide
nonmonetary remuneration, in the form of hardware, software, or
information technology and training services, as described in
subsections (x) and (y) of Section 1001.952 of Title 42 of the Code
of Federal Regulations, as amended October 4, 2007, as published in
the Federal Register (72 Fed. Reg. 56632 and 56644), and subsequently
amended versions.
(f) "Health care facility" means a general acute care hospital,
acute psychiatric hospital, skilled nursing facility, intermediate
care facility, and any other health facility licensed by the State
Department of Public Health under Chapter 2 (commencing with Section
1250) of Division 2 of the Health and Safety Code.
(g) A violation of this section is a public offense and is
punishable upon a first conviction by imprisonment in a county jail
for not more than one year, or by imprisonment in the state prison,
or by a fine not exceeding fifty thousand dollars ($50,000), or by
both that imprisonment and fine. A second or subsequent conviction is
punishable by imprisonment in the state prison or by imprisonment in
the state prison and a fine of fifty thousand dollars ($50,000).
SEC. 3. Section 809 of the Business and Professions Code is
amended to read:
809. (a) The Legislature hereby finds and declares the following:
(1) In 1986, Congress enacted the Health Care Quality Improvement
Act of 1986 (42 U.S.C. Sec. 11101 et seq.), to encourage physicians
to engage in effective professional peer review, but giving each
state the opportunity to "opt-out" of some of the provisions of the
federal act.
(2) Because of deficiencies in the federal act and the possible
adverse interpretations by the courts of the federal act, it is
preferable for California to "opt-out" of the federal act and design
its own peer review system.
(3) Peer review, fairly conducted, is essential to preserving the
highest standards of medical practice.
(4) Peer review that is not conducted fairly results in harm to
both patients and healing arts practitioners by limiting access to
care.
(5) Peer review, fairly conducted, will aid the appropriate state
licensing boards in their responsibility to regulate and discipline
errant healing arts practitioners.
(6) To protect the health and welfare of the people of California,
it is the policy of the State of California to exclude, through the
peer review mechanism as provided for by California law, those
healing arts practitioners who provide substandard care or who engage
in professional misconduct, regardless of the effect of that
exclusion on competition.
(7) It is the intent of the Legislature that peer review of
professional health care services be done efficiently, on an ongoing
basis, and with an emphasis on early detection of potential quality
problems and resolutions through informal educational interventions.
(8) Sections 809 to 809.8, inclusive, shall not affect the
respective responsibilities of the organized medical staff or the
governing body of an acute care hospital with respect to peer review
in the acute care hospital setting. It is the intent of the
Legislature that written provisions implementing Sections 809 to
809.8, inclusive, in the acute care hospital setting shall be
included in medical staff bylaws that shall be adopted by a vote of
the members of the organized medical staff and shall be subject to
governing body approval, which approval shall not be withheld
unreasonably.
(9) (A) The Legislature thus finds and declares that the laws of
this state pertaining to the peer review of healing arts
practitioners shall apply in lieu of Section 11101 and following of
Title 42 of the United States Code, because the laws of this state
provide a more careful articulation of the protections for both those
undertaking peer review activity and those subject to review, and
better integrate public and private systems of peer review.
Therefore, California exercises its right to opt out of specified
provisions of the Health Care Quality Improvement Act relating to
professional review actions, pursuant to Section 11111(c)(2)(B) of
Title 42 of the United States Code. This election shall not affect
the availability of any immunity under California law.
(B) The Legislature further declares that it is not the intent or
purpose of Sections 809 to 809.8, inclusive, to opt out of any
mandatory national data bank established pursuant to Section 11131
and following of Title 42 of the United States Code.
(b) For the purpose of this section and Sections 809.1 to 809.8,
inclusive, "healing arts practitioner" or "licentiate" means a
physician and surgeon, podiatrist, clinical psychologist, marriage
and family therapist, clinical social worker, or dentist; and "peer
review body" means a peer review body as specified in paragraph (1)
of subdivision (a) of Section 805, and includes any designee of the
peer review body.
SEC. 4. Section 1627.5 of the Business and Professions Code is
amended to read:
1627.5. (a) No person licensed under this chapter, who in good
faith renders emergency care at the scene of an emergency occurring
outside the place of that person's practice, or who, upon the request
of another person so licensed, renders emergency care to a person
for a complication arising from prior care of another person so
licensed, shall be liable for any civil damages as a result of any
acts or omissions by that person in rendering the emergency care.
(b) A person licensed under this chapter who voluntarily and
without compensation or expectation of compensation, and consistent
with the dental education and emergency training that he or she has
received, provides emergency medical care to a person during a state
of emergency declared pursuant to a proclamation issued pursuant to
Section 8588, 8625, or 8630 of the Government Code or a declaration
of health emergency issued pursuant to Section 101080 of the Health
and Safety Code shall not be liable in negligence for any personal
injury, wrongful death, or property damage caused by the licensee's
good faith but negligent act or omission. This subdivision shall not
provide immunity for acts or omissions of gross negligence or willful
misconduct. This subdivision does not limit any immunity provided
under subdivision (a).
(c) Notwithstanding any other provision of law, for the duration
of a declared state of emergency, pursuant to a proclamation of
emergency issued pursuant to Section 8625 of the Government Code, the
board may suspend compliance with any provision of this chapter or
regulation adopted thereunder that would adversely affect a licensee'
s ability to provide emergency services.
SEC. 5. Section 1754.5 of the Business and Professions Code is
amended to read:
1754.5. As used in this article, the following definitions shall
apply:
(a) "Clinical instruction" means instruction in which students
receive supervised experience in performing procedures in a clinical
setting on patients. Clinical instruction shall only be performed
upon successful demonstration and evaluation of preclinical skills.
There shall be at least one instructor for every six students who are
simultaneously engaged in clinical instruction.
(b) "Didactic instruction" means lectures, demonstrations, and
other instruction without active participation by students. The
approved provider or its designee may provide didactic instruction
via electronic media, home study materials, or live lecture
methodology if the provider has submitted that content for approval.
(c) "Laboratory instruction" means instruction in which students
receive supervised experience performing procedures using study
models, mannequins, or other simulation methods. There shall be at
least one instructor for every 14 students who are simultaneously
engaged in laboratory instruction.
(d) "Preclinical instruction" means instruction in which students
receive supervised experience performing procedures on students,
faculty, or staff members. There shall be at least one instructor for
every six students who are simultaneously engaged in preclinical
instruction.
(e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 6. Section 1915 of the Business and Professions Code is
amended to read:
1915. No person other than a registered dental hygienist,
registered dental hygienist in alternative functions, or registered
dental hygienist in extended functions or a licensed dentist may
engage in the practice of dental hygiene or perform dental hygiene
procedures on patients, including, but not limited to, supragingival
and subgingival scaling, dental hygiene assessment, and treatment
planning, except for the following persons:
(a) A student enrolled in a dental or a dental hygiene school who
is performing procedures as part of the regular curriculum of that
program under the supervision of the faculty of that program.
(b) A dental assistant acting in accordance with the rules of the
dental board in performing the following procedures:
(1) Applying nonaerosol and noncaustic topical agents.
(2) Applying topical fluoride.
(3) Taking impressions for bleaching trays.
(c) A registered dental assistant acting in accordance with the
rules of the dental board in performing the following procedures:
(1) Polishing the coronal surfaces of teeth.
(2) Applying bleaching agents.
(3) Activating bleaching agents with a nonlaser light-curing
device.
(4) Applying pit and fissure sealant.
(d) A registered dental assistant in extended functions acting in
accordance with the rules of the dental board in applying pit and
fissure sealants.
(e) A registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions licensed in another jurisdiction, performing a clinical
demonstration for educational purposes.
SEC. 7. Section 1925 of the Business and Professions Code is
amended to read:
1925. A registered dental hygienist in alternative practice may
practice, pursuant to subdivision (a) of Section 1907, subdivision
(a) of Section 1908, and subdivisions (a) and (b) of Section 1910, as
an employee of a dentist or of another registered dental hygienist
in alternative practice, as an independent contractor, as a sole
proprietor of an alternative dental hygiene practice, as an employee
of a primary care clinic or specialty clinic that is licensed
pursuant to Section 1204 of the Health and Safety Code, as an
employee of a primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code, as an
employee of a clinic owned or operated by a public hospital or health
system, or as an employee of a clinic owned and operated by a
hospital that maintains the primary contract with a county government
to fill the county's role under Section 17000 of the Welfare and
Institutions Code.
SEC. 8. Section 1950 of the Business and Professions Code is
amended to read:
1950. (a) A licensee may have his or her license revoked or
suspended, or may be reprimanded or placed on probation by the
committee, for conviction of a crime substantially related to the
licensee's qualifications, functions, or duties. The record of
conviction or a copy certified by the clerk of the court or by the
judge in whose court the conviction occurred shall be conclusive
evidence of conviction.
(b) The committee shall undertake proceedings under this section
upon the receipt of a certified copy of the record of conviction. A
plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge of a felony or of any misdemeanor
substantially related to the licensee's qualifications, functions, or
duties is deemed to be a conviction within the meaning of this
section.
(c) The committee may order a license suspended or revoked, or may
decline to issue a license, when any of the following occur:
(1) The time for appeal has elapsed.
(2) The judgment of conviction has been affirmed on appeal.
(3) An order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under any provision
of the Penal Code, including, but not limited to, Section 1203.4 of
the Penal Code, allowing a person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.
SEC. 9. Section 2361 of the Business and Professions Code is
amended to read:
2361. As used in this article:
(a) "Board" means the Osteopathic Medical Board of California.
(b) "Diversion program" means a treatment program created by this
article for osteopathic physicians and surgeons whose competency may
be threatened or diminished due to abuse of drugs or alcohol.
(c) "Committee" means a diversion evaluation committee created by
this article.
(d) "Participant" means a California-licensed osteopathic
physician and surgeon.
(e) "Program manager" means the staff manager of the diversion
program, as designated by the executive officer of the board. The
program manager shall have background experience in dealing with
substance abuse issues.
SEC. 10. Section 2660.3 of the Business and Professions Code is
amended to read:
2660.3. In lieu of filing or prosecuting a formal accusation
against a licensee, the board may, upon stipulation or agreement by
the licensee, issue a public letter of reprimand after it has
conducted an investigation or inspection as provided for in this
chapter. The board shall notify the licensee of its intention to
issue the letter 30 days before the intended issuance date of the
letter. The licensee shall indicate in writing at least 15 days prior
to the letter's intended issuance date whether he or she agrees to
the issuance of the letter. The board, at its option, may extend the
time within which the licensee may respond to its notification. If
the licensee does not agree to the issuance of the letter, the board
shall not issue the letter and may proceed to file the accusation.
The board may use a public letter of reprimand only for minor
violations, as defined by the board, committed by the licensee. A
public letter of reprimand issued pursuant to this section shall be
disclosed by the board to an inquiring member of the public and shall
be posted on the board's Internet Web site.
SEC. 11. Section 3041 of the Business and Professions Code is
amended to read:
3041. (a) The practice of optometry includes the prevention and
diagnosis of disorders and dysfunctions of the visual system, and the
treatment and management of certain disorders and dysfunctions of
the visual system, as well as the provision of rehabilitative
optometric services, and is the doing of any or all of the following:
(1) The examination of the human eye or eyes, or its or their
appendages, and the analysis of the human vision system, either
subjectively or objectively.
(2) The determination of the powers or range of human vision and
the accommodative and refractive states of the human eye or eyes,
including the scope of its or their functions and general condition.
(3) The prescribing or directing the use of, or using, any optical
device in connection with ocular exercises, visual training, vision
training, or orthoptics.
(4) The prescribing of contact and spectacle lenses for, or the
fitting or adaptation of contact and spectacle lenses to, the human
eye, including lenses that may be classified as drugs or devices by
any law of the United States or of this state.
(5) The use of topical pharmaceutical agents for the purpose of
the examination of the human eye or eyes for any disease or
pathological condition.
(b) (1) An optometrist who is certified to use therapeutic
pharmaceutical agents, pursuant to Section 3041.3, may also diagnose
and treat the human eye or eyes, or any of its or their appendages,
for all of the following conditions:
(A) Through medical treatment, infections of the anterior segment
and adnexa, excluding the lacrimal gland, the lacrimal drainage
system, and the sclera in patients under 12 years of age.
(B) Ocular allergies of the anterior segment and adnexa.
(C) Ocular inflammation, nonsurgical in cause except when
comanaged with the treating physician and surgeon, limited to
inflammation resulting from traumatic iritis, peripheral corneal
inflammatory keratitis, episcleritis, and unilateral nonrecurrent
nongranulomatous idiopathic iritis in patients over 18 years of age.
Unilateral nongranulomatous idiopathic iritis recurring within one
year of the initial occurrence shall be referred to an
ophthalmologist. An optometrist shall consult with an ophthalmologist
or appropriate physician and surgeon if a patient has a recurrent
case of episcleritis within one year of the initial occurrence. An
optometrist shall consult with an ophthalmologist or appropriate
physician and surgeon if a patient has a recurrent case of peripheral
corneal inflammatory keratitis within one year of the initial
occurrence.
(D) Traumatic or recurrent conjunctival or corneal abrasions and
erosions.
(E) Corneal surface disease and dry eyes.
(F) Ocular pain, nonsurgical in cause except when comanaged with
the treating physician and surgeon, associated with conditions
optometrists are authorized to treat.
(G) Pursuant to subdivision (f), glaucoma in patients over 18
years of age, as described in subdivision (j).
(2) For purposes of this section, "treat" means the use of
therapeutic pharmaceutical agents, as described in subdivision (c),
and the procedures described in subdivision (e).
(c) In diagnosing and treating the conditions listed in
subdivision (b), an optometrist certified to use therapeutic
pharmaceutical agents pursuant to Section 3041.3 may use all of the
following therapeutic pharmaceutical agents:
(1) Pharmaceutical agents as described in paragraph (5) of
subdivision (a), as well as topical miotics.
(2) Topical lubricants.
(3) Antiallergy agents. In using topical steroid
medication for the treatment of ocular allergies, an optometrist
shall consult with an ophthalmologist if the patient's condition
worsens 21 days after diagnosis.
(4) Topical and oral antiinflammatories. In using steroid
medication for:
(A) Unilateral nonrecurrent nongranulomatous idiopathic iritis or
episcleritis, an optometrist shall consult with an ophthalmologist or
appropriate physician and surgeon if the patient's condition worsens
72 hours after the diagnosis, or if the patient's condition has not
resolved three weeks after diagnosis. If the patient is still
receiving medication for these conditions six weeks after diagnosis,
the optometrist shall refer the patient to an ophthalmologist or
appropriate physician and surgeon.
(B) Peripheral corneal inflammatory keratitis, excluding Moorens
and Terriens diseases, an optometrist shall consult with an
ophthalmologist or appropriate physician and surgeon if the patient's
condition worsens 72 hours after diagnosis.
(C) Traumatic iritis, an optometrist shall consult with an
ophthalmologist or appropriate physician and surgeon if the patient's
condition worsens 72 hours after diagnosis and shall refer the
patient to an ophthalmologist or appropriate physician and surgeon if
the patient's condition has not resolved one week after diagnosis.
(5) Topical antibiotic agents.
(6) Topical hyperosmotics.
(7) Topical and oral antiglaucoma agents pursuant to the
certification process defined in subdivision (f).
(A) The optometrist shall refer the patient to an ophthalmologist
if requested by the patient or if angle closure glaucoma develops.
(B) If the glaucoma patient also has diabetes, the optometrist
shall consult with the physician treating the patient's diabetes in
developing the glaucoma treatment plan and shall inform the physician
in writing of any changes in the patient's glaucoma medication.
(8) Nonprescription medications used for the rational treatment of
an ocular disorder.
(9) Oral antihistamines.
(10) Prescription oral nonsteroidal antiinflammatory agents.
(11) Oral antibiotics for medical treatment of ocular disease.
(A) If the patient has been diagnosed with a central corneal ulcer
and the central corneal ulcer has not improved 48 hours after
diagnosis, the optometrist shall refer the patient to an
ophthalmologist.
(B) If the patient has been diagnosed with preseptal cellulitis or
dacryocystitis and the condition has not improved 48 hours after
diagnosis, the optometrist shall refer the patient to an
ophthalmologist.
(12) Topical and oral antiviral medication for the medical
treatment of the following: herpes simplex viral keratitis, herpes
simplex viral conjunctivitis, and periocular herpes simplex viral
dermatitis; and varicella zoster viral keratitis, varicella zoster
viral conjunctivitis, and periocular varicella zoster viral
dermatitis.
(A) If the patient has been diagnosed with herpes simplex
keratitis or varicella zoster viral keratitis and the patient's
condition has not improved seven days after diagnosis, the
optometrist shall refer the patient to an ophthalmologist. If a
patient's condition has not resolved three weeks after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
(B) If the patient has been diagnosed with herpes simplex viral
conjunctivitis, herpes simplex viral dermatitis, varicella zoster
viral conjunctivitis, or varicella zoster viral dermatitis, and if
the patient's condition worsens seven days after diagnosis, the
optometrist shall consult with an ophthalmologist. If the patient's
condition has not resolved three weeks after diagnosis, the
optometrist shall refer the patient to an ophthalmologist.
(13) Oral analgesics that are not controlled substances.
(14) Codeine with compounds and hydrocodone with compounds as
listed in the California Uniform Controlled Substances Act (Division
10 (commencing with Section 11000) of the Health and Safety Code) and
the United States Uniform Controlled Substances Act (21 U.S.C. Sec.
801 et seq.). The use of these agents shall be limited to three days,
with a referral to an ophthalmologist if the pain persists.
(d) In any case where this chapter requires that an optometrist
consult with an ophthalmologist, the optometrist shall maintain a
written record in the patient's file of the information provided to
the ophthalmologist, the ophthalmologist's response, and any other
relevant information. Upon the consulting ophthalmologist's request
and with the patient's consent, the optometrist shall furnish a copy
of the record to the ophthalmologist.
(e) An optometrist who is certified to use therapeutic
pharmaceutical agents pursuant to Section 3041.3 may also perform all
of the following:
(1) Corneal scraping with cultures.
(2) Debridement of corneal epithelia.
(3) Mechanical epilation.
(4) Venipuncture for testing patients suspected of having
diabetes.
(5) Suture removal, with prior consultation with the treating
physician and surgeon.
(6) Treatment or removal of sebaceous cysts by expression.
(7) Administration of oral fluorescein to patients suspected as
having diabetic retinopathy.
(8) Use of an auto-injector to counter anaphylaxis.
(9) Ordering of smears, cultures, sensitivities, complete blood
count, mycobacterial culture, acid fast stain, urinalysis, and X-rays
necessary for the diagnosis of conditions or diseases of the eye or
adnexa. An optometrist may order other types of images subject to
prior consultation with an ophthalmologist or appropriate physician
and surgeon.
(10) Punctal occlusion by plugs, excluding laser, diathermy,
cryotherapy, or other means constituting surgery as defined in this
chapter.
(11) The prescription of therapeutic contact lenses, including
lenses or devices that incorporate a medication or therapy the
optometrist is certified to prescribe or provide.
(12) Removal of foreign bodies from the cornea, eyelid, and
conjunctiva with any appropriate instrument other than a scalpel or
needle. Corneal foreign bodies shall be nonperforating, be no deeper
than the midstroma, and require no surgical repair upon removal.
(13) For patients over 12 years of age, lacrimal irrigation and
dilation, excluding probing of the nasal lacrimal tract. The board
shall certify any optometrist who graduated from an accredited school
of optometry before May 1, 2000, to perform this procedure after
submitting proof of satisfactory completion of 10 procedures under
the supervision of an ophthalmologist as confirmed by the
ophthalmologist. Any optometrist who graduated from an accredited
school of optometry on or after May 1, 2000, shall be exempt from the
certification requirement contained in this paragraph.
(f) The board shall grant a certificate to an optometrist
certified pursuant to Section 3041.3 for the treatment of glaucoma,
as described in subdivision (j), in patients over 18 years of age
after the optometrist meets the following applicable requirements:
(1) For licensees who graduated from an accredited school of
optometry on or after May 1, 2008, submission of proof of graduation
from that institution.
(2) For licensees who were certified to treat glaucoma under this
section prior to January 1, 2009, submission of proof of completion
of that certification program.
(3) For licensees who have substantially completed the
certification requirements pursuant to this section in effect between
January 1, 2001, and December 31, 2008, submission of proof of
completion of those requirements on or before December 31, 2009.
"Substantially completed" means both of the following:
(A) Satisfactory completion of a didactic course of not less than
24 hours in the diagnosis, pharmacological, and other treatment and
management of glaucoma.
(B) Treatment of 50 glaucoma patients with a collaborating
ophthalmologist for a period of two years for each patient that will
conclude on or before December 31, 2009.
(4) For licensees who completed a didactic course of not less than
24 hours in the diagnosis, pharmacological, and other treatment and
management of glaucoma, submission of proof of satisfactory
completion of the case management requirements for certification
established by the board pursuant to Section 3041.10.
(5) For licensees who graduated from an accredited school of
optometry on or before May 1, 2008, and not described in paragraph
(2), (3), or (4), submission of proof of satisfactory completion of
the requirements for certification established by the board pursuant
to Section 3041.10.
(g) Other than for prescription ophthalmic devices described in
subdivision (b) of Section 2541, any dispensing of a therapeutic
pharmaceutical agent by an optometrist shall be without charge.
(h) The practice of optometry does not include performing surgery.
"Surgery" means any procedure in which human tissue is cut, altered,
or otherwise infiltrated by mechanical or laser means. "Surgery"
does not include those procedures specified in subdivision (e).
Nothing in this section shall limit an optometrist's authority to
utilize diagnostic laser and ultrasound technology within his or her
scope of practice.
(i) An optometrist licensed under this chapter is subject to the
provisions of Section 2290.5 for purposes of practicing telemedicine.
(j) For purposes of this chapter, "glaucoma" means either of the
following:
(1) All primary open-angle glaucoma.
(2) Exfoliation and pigmentary glaucoma.
(k) In an emergency, an optometrist shall stabilize, if possible,
and immediately refer any patient who has an acute attack of angle
closure to an ophthalmologist.
SEC. 12. Section 4060 of the Business and Professions Code is
amended to read:
4060. No person shall possess any controlled substance, except
that furnished to a person upon the prescription of a physician,
dentist, podiatrist, optometrist, veterinarian, or naturopathic
doctor pursuant to Section 3640.7, or furnished pursuant to a drug
order issued by a certified nurse-midwife pursuant to Section
2746.51, a nurse practitioner pursuant to Section 2836.1, a physician
assistant pursuant to Section 3502.1, a naturopathic doctor pursuant
to Section 3640.5, or a pharmacist pursuant to either subparagraph
(D) of paragraph (4) of, or clause (iv) of subparagraph (A) of
paragraph (5) of, subdivision (a) of Section 4052. This section shall
not apply to the possession of any controlled substance by a
manufacturer, wholesaler, pharmacy, pharmacist, physician,
podiatrist, dentist, optometrist, veterinarian, naturopathic doctor,
certified nurse-midwife, nurse practitioner, or physician assistant,
when in stock in containers correctly labeled with the name and
address of the supplier or producer.
This section does not authorize a certified nurse-midwife, a nurse
practitioner, a physician assistant, or a naturopathic doctor to
order his or her own stock of dangerous drugs and devices.
SEC. 13. Section 4200 of the Business and Professions Code is
amended to read:
4200. (a) The board may license as a pharmacist an applicant who
meets all the following requirements:
(1) Is at least 18 years of age.
(2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
(B) If the applicant graduated from a foreign pharmacy school, the
foreign-educated applicant has been certified by the Foreign
Pharmacy Graduate Examination Committee.
(3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
(4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
(5) Has completed 1,500 hours of pharmacy practice experience or
the equivalent in accordance with Section 4209.
(6) Has passed a written and practical examination given by the
board prior to December 31, 2003, or has passed the North American
Pharmacist Licensure Examination and the California Practice
Standards and Jurisprudence Examination for Pharmacists on or after
January 1, 2004.
(b) Proof of the qualifications of an applicant for licensure as a
pharmacist shall be made to the satisfaction of the board and shall
be substantiated by affidavits or other evidence as may be required
by the board.
(c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board
the fees provided by this chapter. The fees shall be compensation to
the board for investigation or examination of the applicant.
SEC. 14. Section 4301 of the Business and Professions Code is
amended to read:
4301. The board shall take action against any holder of a license
who is guilty of unprofessional conduct or whose license has been
procured by fraud or misrepresentation or issued by mistake.
Unprofessional conduct shall include, but is not limited to, any of
the following:
(a) Gross immorality.
(b) Incompetence.
(c) Gross negligence.
(d) The clearly excessive furnishing of controlled substances in
violation of subdivision (a) of Section 11153 of the Health and
Safety Code.
(e) The clearly excessive furnishing of controlled substances in
violation of subdivision (a) of Section 11153.5 of the Health and
Safety Code. Factors to be considered in determining whether the
furnishing of controlled substances is clearly excessive shall
include, but not be limited to, the amount of controlled substances
furnished, the previous ordering pattern of the customer (including
size and frequency of orders), the type and size of the customer, and
where and to whom the customer distributes its product.
(f) The commission of any act involving moral turpitude,
dishonesty, fraud, deceit, or corruption, whether the act is
committed in the course of relations as a licensee or otherwise, and
whether the act is a felony or misdemeanor or not.
(g) Knowingly making or signing any certificate or other document
that falsely represents the existence or nonexistence of a state of
facts.
(h) The administering to oneself of any controlled substance, or
the use of any dangerous drug or of alcoholic beverages to the extent
or in a manner as to be dangerous or injurious to oneself, to a
person holding a license under this chapter, or to any other person
or to the public, or to the extent that the use impairs the ability
of the person to conduct with safety to the public the practice
authorized by the license.
(i) Except as otherwise authorized by law, knowingly selling,
furnishing, giving away, or administering, or offering to sell,
furnish, give away, or administer, any controlled substance to an
addict.
(j) The violation of any of the statutes of this state, of any
other state, or of the United States regulating controlled substances
and dangerous drugs.
(k) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any
dangerous drug or alcoholic beverage, or any combination of those
substances.
( l ) The conviction of a crime substantially related
to the qualifications, functions, and duties of a licensee under this
chapter. The record of conviction of a violation of Section 801 and
following of Title 21 of the United States Code regulating controlled
substances or of a violation of the statutes of this state
regulating controlled substances or dangerous drugs shall be
conclusive evidence of unprofessional conduct. In all other cases,
the record of conviction shall be conclusive evidence only of the
fact that the conviction occurred. The board may inquire into the
circumstances surrounding the commission of the crime, in order to
fix the degree of discipline or, in the case of a conviction not
involving controlled substances or dangerous drugs, to determine if
the conviction is of an offense substantially related to the
qualifications, functions, and duties of a licensee under this
chapter. A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning
of this provision. The board may take action when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing the person to withdraw his
or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(m) The cash compromise of a charge of violation of Section 801
and following of Title 21 of the United States Code regulating
controlled substances or of Chapter 7 (commencing with Section 14000)
of Part 3 of Division 9 of the Welfare and Institutions Code
relating to the Medi-Cal program. The record of the compromise is
conclusive evidence of unprofessional conduct.
(n) The revocation, suspension, or other discipline by another
state of a license to practice pharmacy, operate a pharmacy, or do
any other act for which a license is required by this chapter.
(o) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of or conspiring to violate
any provision or term of this chapter or of the applicable federal
and state laws and regulations governing pharmacy, including
regulations established by the board or by any other state or federal
regulatory agency.
(p) Actions or conduct that would have warranted denial of a
license.
(q) Engaging in any conduct that subverts or attempts to subvert
an investigation of the board.
(r) The selling, trading, transferring, or furnishing of drugs
obtained pursuant to Section 256b of Title 42 of the United States
Code to any person a licensee knows or reasonably should have known,
not to be a patient of a covered entity, as defined in paragraph (4)
of subsection (a) of Section 256b of Title 42 of the United States
Code.
(s) The clearly excessive furnishing of dangerous drugs by a
wholesaler to a pharmacy that primarily or solely dispenses
prescription drugs to patients of long-term health care facilities.
Factors to be considered in determining whether the furnishing of
dangerous drugs is clearly excessive shall include, but not be
limited to, the amount of dangerous drugs furnished to a pharmacy
that primarily or solely dispenses prescription drugs to patients of
long-term health care facilities, the previous ordering pattern of
the pharmacy, and the general patient population to whom the pharmacy
distributes the dangerous drugs. That a wholesaler has established,
and employs, a tracking system that complies with the requirements of
subdivision (b) of Section 4164 shall be considered in determining
whether there has been a violation of this subdivision. This
provision shall not be interpreted to require a wholesaler to obtain
personal medical information or be authorized to permit a wholesaler
to have access to personal medical information except as otherwise
authorized by Part 2.6 (commencing with Section 56) of Division 1 of
the Civil Code.
(t) This section shall become operative on January 1, 2006.
SEC. 15. Section 4989.54 of the Business and Professions Code is
amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a license suspended or revoked, or may
decline to issue a license when the time for appeal has elapsed, or
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license.
(d) Conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in subdivision (c) or any combination thereof.
(e) Advertising in a manner that is false, misleading, or
deceptive.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
( l ) Misrepresentation as to the type or status of a
license held by the licensee or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is
equally important to protecting the
public as is the ability to refuse a license for sexual conduct with
a minor occurring prior to the effective date of this section.
SEC. 16. Section 7403 of the Business and Professions Code is
amended to read:
7403. (a) Notwithstanding any other provision of law, the board
may revoke, suspend, or deny at any time any license required by this
chapter on any of the grounds for disciplinary action provided in
this article. The proceedings under this article shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, and the board
shall have all the powers granted therein.
(b) The board may deny a license to an applicant on any of the
grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denying a license to an applicant, the board shall provide
a statement of reasons for the denial that does the following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(2) Provides the board's criteria relating to rehabilitation,
formulated pursuant to Section 482, that takes into account the age
and severity of the offense, and the evidence relating to
participation in treatment or other rehabilitation programs.
(3) If the board's decision was based on the applicant's prior
criminal conviction, justifies the board's denial of a license and
conveys the reasons why the prior criminal conviction is
substantially related to the qualifications, functions, or duties of
a barber or cosmetologist.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a license is due at least in part to the
applicant's state or federal criminal history record, the board
shall, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record and the criminal history record shall not be
made available by the board to any employer.
(C) The board shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The board shall make this information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(e) Notwithstanding Section 487, the board shall conduct a hearing
of a license denial within 90 days of receiving an applicant's
request for a hearing. For all other hearing requests, the board
shall determine when the hearing shall be conducted.
(f) In any case in which the administrative law judge recommends
that the board revoke, suspend, or deny a license, the administrative
law judge may, upon presentation of suitable proof, order the
licensee to pay the board the reasonable costs of the investigation
and adjudication of the case. For purposes of this section, "costs"
include charges by the board for investigating the case, charges
incurred by the office of the Attorney General for investigating and
presenting the case, and charges incurred by the Office of
Administrative Hearings for hearing the case and issuing a proposed
decision.
(g) The costs to be assessed shall be fixed by the administrative
law judge and shall not, in any event, be increased by the board.
When the board does not adopt a proposed decision and remands the
case to an administrative law judge, the administrative law judge
shall not increase the amount of any costs assessed in the proposed
decision.
(h) The board may enforce the order for payment in the superior
court in the county where the administrative hearing was held. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
(i) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(j) Notwithstanding any other provision of law, all costs
recovered under this section shall be deposited in the board's
contingent fund as a scheduled reimbursement in the fiscal year in
which the costs are actually recovered.
SEC. 17. Section 7847 of the Business and Professions Code is
amended to read:
7847. The board, upon application therefor, on its prescribed
form, and upon the payment of the application and registration fees
fixed by this chapter, which fees shall be retained by the board, may
issue a certificate of registration as a geologist or as a
geophysicist to a person holding an equivalent certificate of
registration as a geologist or as a geophysicist, issued to him or
her by any state or country when the applicant's qualifications meet
the other requirements of this chapter and the rules established by
the board.
SEC. 18. Section 8027 of the Business and Professions Code is
amended to read:
8027. (a) As used in this section, "school" means a court
reporter training program or an institution that provides a course of
instruction approved by the board and the Bureau for Private
Postsecondary and Vocational Education, is a public school in this
state, or is accredited by the Western Association of Schools and
Colleges.
(b) A court reporting school shall be primarily organized to train
students for the practice of shorthand reporting, as defined in
Sections 8016 and 8017. Its educational program shall be on the
postsecondary or collegiate level. It shall be legally organized and
authorized to conduct its program under all applicable laws of the
state, and shall conform to and offer all components of the minimum
prescribed course of study established by the board. Its records
shall be kept and shall be maintained in a manner to render them safe
from theft, fire, or other loss. The records shall indicate positive
daily and clock-hour attendance of each student for all classes,
apprenticeship and graduation reports, high school transcripts or the
equivalent or self-certification of high school graduation or the
equivalent, transcripts of other education, and student progress to
date, including all progress and counseling reports.
(c) Any school intending to offer a program in court reporting
shall notify the board within 30 days of the date on which it
provides notice to, or seeks approval from, the State Department of
Education, the Bureau for Private Postsecondary and Vocational
Education, the Office of the Chancellor of the California Community
Colleges, or the Western Association of Schools and Colleges,
whichever is applicable. The board shall review the proposed
curriculum and provide the school tentative approval, or notice of
denial, within 60 days of receipt of the notice. The school shall
apply for provisional recognition pursuant to subdivision (d) within
no more than one year from the date it begins offering court
reporting classes.
(d) The board may grant provisional recognition to a new court
reporting school upon satisfactory evidence that it has met all of
the provisions of subdivision (b) and this subdivision. Recognition
may be granted by the board to a provisionally recognized school
after it has been in continuous operation for a period of no less
than three consecutive years from the date provisional recognition
was granted, during which period the school shall provide
satisfactory evidence that at least one person has successfully
completed the entire course of study established by the board and
complied with the provisions of Section 8020, and has been issued a
certificate to practice shorthand reporting as defined in Sections
8016 and 8017. The board may, for good cause shown, extend the
three-year provisional recognition period for not more than one year.
Failure to meet the provisions and terms of this section shall
require the board to deny recognition. Once granted, recognition may
be withdrawn by the board for failure to comply with all applicable
laws and regulations.
(e) Application for recognition of a court reporting school shall
be made upon a form prescribed by the board and shall be accompanied
by all evidence, statements, or documents requested. Each branch,
extension center, or off-campus facility requires separate
application.
(f) All recognized and provisionally recognized court reporting
schools shall notify the board of any change in school name, address,
telephone number, responsible court reporting program manager, owner
of private schools, and the effective date thereof, within 30 days
of the change. All of these notifications shall be made in writing.
(g) A school shall notify the board in writing immediately of the
discontinuance or pending discontinuance of its court reporting
program or any of the program's components. Within two years of the
date this notice is sent to the board, the school shall discontinue
its court reporting program in its entirety. The board may, for good
cause shown, grant not more than two one-year extensions of this
period to a school. If a student is to be enrolled after this notice
is sent to the board, a school shall disclose to the student the fact
of the discontinuance or pending discontinuance of its court
reporting program or any of its program components.
(h) The board shall maintain a roster of currently recognized and
provisionally recognized court reporting schools, including, but not
limited to, the name, address, telephone number, and the name of the
responsible court reporting program manager of each school.
(i) The board shall maintain statistics that display the number
and passing percentage of all first-time examinees, including, but
not limited to, those qualified by each recognized or provisionally
recognized school and those first-time examinees qualified by other
methods as defined in Section 8020.
(j) Inspections and investigations shall be conducted by the board
as necessary to carry out this section, including, but not limited
to, unannounced site visits.
(k) All recognized and provisionally recognized schools shall
print in their school or course catalog the name, address, and
telephone number of the board. At a minimum, the information shall be
in 8-point bold type and include the following statement:
"IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE
LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A
RECOGNIZED SCHOOL. FOR INFORMATION CONCERNING THE MINIMUM
REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE
RECOGNIZED, CONTACT: THE COURT REPORTERS BOARD OF CALIFORNIA;
(ADDRESS); (TELEPHONE NUMBER)."
( l ) Each court reporting school shall file with the
board, not later than June 30 of each year, a current school catalog
that shows all course offerings and staff, and for private schools,
the owner, except that where there have been no changes to the
catalog within the previous year, no catalog need be sent. In
addition, each school shall also file with the board a statement
certifying whether the school is in compliance with all statutes and
the rules and regulations of the board, signed by the responsible
court reporting program manager.
(m) A school offering court reporting shall not make any written
or verbal claims of employment opportunities or potential earnings
unless those claims are based on verified data and reflect current
employment conditions.
(n) If a school offers a course of instruction that exceeds the
board's minimum requirements, the school shall disclose orally and in
writing the board's minimum requirements and how the course of
instruction differs from those criteria. The school shall make this
disclosure before a prospective student executes an agreement
obligating that person to pay any money to the school for the course
of instruction.
(o) Private and public schools shall provide each prospective
student with all of the following and have the prospective student
sign a document that shall become part of that individual's permanent
record, acknowledging receipt of each item:
(1) A student consumer information brochure published by the
board.
(2) A list of the school's graduation requirements, including the
number of tests, the pass point of each test, the speed of each test,
and the type of test, such as jury charge or literary.
(3) A list of requirements to qualify for the state certified
shorthand reporter licensing examination, including the number of
tests, the pass point of each test, the speed of each test, and the
type of test, such as jury charge or literary, if different than
those requirements listed in paragraph (2).
(4) A copy of the school's board-approved benchmarks for
satisfactory progress as identified in subdivision (w).
(5) A report showing the number of students from the school who
qualified for each of the certified shorthand reporter licensing
examinations within the preceding two years, the number of those
students that passed each examination, the time, as of the date of
qualification, that each student was enrolled in court reporting
school, and the placement rate for all students that passed each
examination.
(6) The school shall also provide to prospective students the
number of hours each currently enrolled student who has qualified to
take the next licensing test, exclusive of transfer students, has
attended court reporting classes.
(p) All enrolled students shall have the information in
subdivisions (n) and (o) on file no later than June 30, 2005.
(q) Public schools shall provide the information in subdivisions
(n) and (o) to each new student the first day he or she attends
theory or machine speed class, if it was not provided previously.
(r) Each enrolled student shall be provided written notification
of any change in qualification or graduation requirements that is
being implemented due to the requirements of any one of the school's
oversight agencies. This notice shall be provided to each affected
student at least 30 days before the effective date of the change and
shall state the new requirement and the name, address, and telephone
number of the agency that is requiring it of the school. Each student
shall initial and date a document acknowledging receipt of that
information and that document, or a copy thereof, shall be made part
of the student's permanent file.
(s) Schools shall make available a comprehensive final examination
in each academic subject to any student desiring to challenge an
academic class in order to obtain credit towards certification for
the state licensing examination. The points required to pass a
challenge examination shall not be higher than the minimum points
required of other students completing the academic class.
(t) An individual serving as a teacher, instructor, or reader
shall meet the qualifications specified by regulation for his or her
position.
(u) Each school shall provide a substitute teacher or instructor
for any class for which the teacher or instructor is absent for two
consecutive days or more.
(v) The board has the authority to approve or disapprove
benchmarks for satisfactory progress which each school shall develop
for its court reporting program. Schools shall use only
board-approved benchmarks to comply with paragraph (4) of subdivision
(o) and subdivision (w).
(w) Each school shall counsel each student a minimum of one time
within each 12-month period to identify the level of attendance and
progress, and the prognosis for completing the requirements to become
eligible to sit for the state licensing examination. If the student
has not progressed in accordance with the board-approved benchmarks
for that school, the student shall be counseled a minimum of one
additional time within that same 12-month period.
(x) The school shall provide to the board, for each student
qualifying through the school as eligible to sit for the state
licensing examination, the number of hours the student attended court
reporting classes, both academic and machine speed classes,
including theory.
(y) The pass rate of first-time examination takers for each school
offering court reporting shall meet or exceed the average pass rate
of all first-time test takers for a majority of examinations given
for the preceding three years. Failure to do so shall require the
board to conduct a review of the program. In addition, the board may
place the school on probation and may withdraw recognition if the
school continues to place below the above-described standard on the
two examinations that follow the three-year period.
(z) A school shall not require more than one 10-minute qualifying
examination, as defined in the regulations of the board, for a
student to be eligible to sit for the state certification
examination.
(aa) A school shall provide the board the actual number of hours
of attendance for each applicant the school qualifies for the state
licensing examination.
(ab) The board shall do the following by regulation as necessary:
(1) Establish the format that shall be used by schools to report
tracking of all attendance hours and actual timeframes for completed
coursework.
(2) Require schools to provide a minimum of 10 hours of live
dictation class each school week for every full-time student.
(3) Require schools to provide students with the opportunity to
read back from their stenographic notes a minimum of one time each
day to his or her instructor.
(4) Require schools to provide students with the opportunity to
practice with a school-approved speed-building tape, or other
assigned material, a minimum of one hour per day after school hours
as a homework assignment and provide the notes from this tape to
their instructor the following day for review.
(5) Develop standardization of policies on the use and
administration of qualifier examinations by schools.
(6) Define qualifier examination as follows: the qualifier
examination shall consist of 4-voice testimony of 10-minute duration
at 200 words per minute, graded at 97.5 percent accuracy, and in
accordance with the guidelines followed by the board. Schools shall
be required to date and number each qualifier and announce the date
and number to the students at the time of administering the
qualifier. All qualifiers shall indicate the actual dictation time of
the test and the school shall catalog and maintain the qualifier for
a period of not less than three years for the purpose of inspection
by the board.
(7) Require schools to develop a program to provide students with
the opportunity to interact with professional court reporters to
provide skill support, mentoring, or counseling which they can
document at least quarterly.
(8) Define qualifications and educational requirements required of
instructors and readers that read test material and qualifiers.
(ac) The board shall adopt regulations to implement the
requirements of this section.
(ad) The board may recover costs for any additional expenses
incurred under Chapter 616 of the Statutes of 2001 pursuant to its
fee authority in Section 8031.
SEC. 19. Section 17533.6 of the Business and Professions Code is
amended to read:
17533.6. (a) It is unlawful for any person, firm, corporation, or
association that is a nongovernmental entity to solicit information,
or to solicit the purchase of or payment for a product or service,
or to solicit the contribution of funds or membership fees, by means
of a mailing, electronic message, or Internet Web site that contains
a seal, insignia, trade or brand name, or any other term or symbol
that reasonably could be interpreted or construed as implying any
state or local government connection, approval, or endorsement,
unless the requirements of paragraph (1) or (2) have been met, as
follows:
(1) The nongovernmental entity has an expressed connection with,
or the approval or endorsement of, a state or local government
entity, if permitted by other provisions of law.
(2) The solicitation meets both of the following requirements:
(A) The solicitation bears on its face, in conspicuous and legible
type in contrast by typography, layout, or color with other type on
its face, the following notice:
"THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY
GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF
THE GOVERNMENT."
(B) In the case of a mailed solicitation, the envelope or outside
cover or wrapper in which the matter is mailed bears on its face in
capital letters and in conspicuous and legible type, the following
notice:
"THIS IS NOT A GOVERNMENT DOCUMENT."
(b) Except as provided in subdivision (c), any business that
solicits the purchase of, or payment for, a service by means of an
unsolicited mailing that offers to assist the recipient in dealing
with a state or local governmental agency shall do both of the
following:
(1) State on the envelope and in the mailing that the business is
not a governmental agency and is not associated with the governmental
agency referenced.
(2) Include in the mailing the contact information for the
governmental agency referenced.
(c) Subdivision (b) shall not apply if either of the following
requirements has been met:
(1) The business has an expressed connection with, or the approval
or endorsement of, a state or local governmental entity, if
permitted by other provisions of law.
(2) The business has an "established business relationship," as
defined in Section 1798.83 of the Civil Code, with the recipient.
SEC. 20. Section 17537.12 of the Business and Professions Code is
amended to read:
17537.12. (a) This section shall be known and may be cited as the
Truth in Music Advertising Act.
(b) As used in this section, the following terms have the
following meanings unless the context clearly indicates otherwise:
(1) "Performing group" means a vocal or instrumental group seeking
to use the name of another group that has previously released a
commercial sound recording under that name.
(2) "Person" means the performing group or its promoter, manager,
or agent. "Person" does not include the performance venue or its
owners, managers, or operators, unless the performance venue owns or
produces the performing group, or knew or should have known that the
performing group does not have a legal right to perform.
(3) "Recording group" means a vocal or instrumental group, at
least one of whose members has previously released a commercial sound
recording under that group's name and in which the member or members
have a legal right by virtue of use or operation under the group
name without having abandoned the name or affiliation with the group.
(4) "Sound recording" means a work that results from the fixation
on a material object of a series of musical, spoken, or other sounds
regardless of the nature of the material object, such as a disk,
tape, or other phonorecord, in which the sounds are embodied.
(c) No person shall advertise or conduct a live musical
performance or production through the use of a false, deceptive, or
misleading affiliation, connection, or association between a
performing group and a recording group unless any of the following
apply:
(1) The performing group is the authorized registrant and owner of
a federal service mark for the group registered in the United States
Patent and Trademark Office.
(2) At least one member of the performing group was previously a
member of the recording group and has a legal right by virtue of use
or operation under the group name without having abandoned the name
or affiliation of the group.
(3) The live musical performance or production is identified in
all advertising and promotion as a salute or tribute, and the name of
the vocal or instrumental group performing is not so closely related
or similar to that used by the recording group that it would tend to
confuse or mislead the public.
(4) The advertising does not relate to a live musical performance
or production taking place in this state.
(5) The performance or production is expressly authorized by the
recording group.
(d) (1) Any person who violates any of the provisions of this
section shall be subject to a civil penalty not to exceed two
thousand five hundred dollars ($2,500) per violation, as provided in
subdivision (a) of Section 17206. An action for a civil penalty shall
be brought by a public prosecutor as provided in subdivision (a) of
Section 17206 and shall be enforceable as a civil judgment.
(2) Any person who violates any of the provisions of this section
shall be subject to the equitable remedies described in Chapter 5
(commencing with Section 17200) of Part 2.
(3) Nothing in this section shall preclude prosecution of a
violation of this section under any other provision of law.
SEC. 21. Section 21606.5 of the Business and Professions Code is
amended to read:
21606.5. (a) Every junk dealer or recycler shall, during normal
business hours, allow periodic inspection of any premises maintained
and any junk thereon for the purpose of determining compliance with
the recordkeeping requirements of this article, and shall during
those hours produce his or her records of sales and purchases, except
as provided in subparagraph (A) of paragraph (3) of subdivision (a)
of Section 21608.5, and all property purchased incident to those
transactions which is in the possession of the junk dealer or
recycler for inspection by any of the following persons:
(1) An officer holding a warrant authorizing him or her to search
for personal property.
(2) A person appointed by the sheriff of a county or appointed by
the head of the police department of a city.
(3) An officer holding a court order directing him or her to
examine the records or property.
(b) The amendments to this section made by Chapter 731 of the
Statutes of 2008 shall become operative on December 1, 2008.
SEC. 22. Section 23356.2 of the Business and Professions Code is
amended to read:
23356.2. (a) No license or permit shall be required for the
manufacture of beer for personal or family use, and not for sale, by
a person over the age of 21 years. The aggregate amount of beer with
respect to any household shall not exceed (1) 200 gallons per
calendar year if there are two or more adults in the household, or
(2) 100 gallons per calendar year if there is only one adult in
the household.
(b) No license or permit shall be required for the manufacture of
wine for personal or family use, and not for sale, by a person over
the age of 21 years. The aggregate amount of wine with respect to any
household shall not exceed (1) 200 gallons per calendar year if
there are two or more adults in the household or (2) 100 gallons per
calendar year if there is only one adult in the household.
(c) Any beer manufactured pursuant to this section may be removed
from the premises where manufactured for use in competition at
organized affairs, exhibitions, or competitions, including homemakers'
contests, tastings, or judgings.
(d) Any wine made pursuant to this section may be removed from the
premises where made for personal or family use, including use at
organized affairs, exhibitions, or competitions, such as homemakers'
contests, tastings, or judging. Wine used under this section shall
not be sold or offered for sale.
(e) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.
SEC. 23. Section 24045.4 of the Business and Professions Code is
amended to read:
24045.4. (a) The department may issue a special temporary
off-sale general license to any nonprofit corporation which is exempt
from payment of income taxes under the provisions of Section 23701d
of the Revenue and Taxation Code and Section 501(c)(3) of the
Internal Revenue Code of the United States. An applicant for this
license shall accompany the application with a fee of one hundred
dollars ($100).
(b) This license shall only entitle the licensee to sell at
auction alcoholic beverages donated to it. Notwithstanding any other
provision of this division, a licensee may donate alcoholic beverages
to a corporation licensed under this section, provided that
donations are not made in connection with a sale of an alcoholic
beverage.
(c) This license shall be for a period not exceeding 30 days. Only
three licenses authorized by this section shall be issued to any
corporation in a calendar year.
SEC. 24. Section 24045.6 of the Business and Professions Code is
amended to read:
24045.6. (a) The department may issue a special temporary on-sale
or off-sale wine license to any nonprofit corporation that is exempt
from payment of income taxes under Section 23701d or 23701e of the
Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the
Internal Revenue Code. An applicant for this license shall accompany
the application with a fee of one hundred dollars ($100).
(b) This special license shall only entitle the licensee to sell
wine bought by, or donated to, the licensee to a consumer and to any
person holding a license authorizing the sale of wine.
Notwithstanding any other provision of this division, a licensee may
donate or sell wine to a nonprofit corporation that obtains a special
temporary on-sale or off-sale license under this section, provided
that the donation is not made in connection with a sale of an
alcoholic beverage.
(c) This special license shall be for a period not exceeding 15
days. In the event the license under this section is issued for a
period exceeding two days, it shall be used solely for retail sales
in conjunction with an identifiable fundraising event sponsored or
conducted by the licensee and all bottles of wine sold under this
license shall bear a label prominently identifying the event. Only
three special licenses authorized by this section shall be issued to
any corporation in a calendar year.
SEC. 25. Section 1675 of the Civil Code, as amended by Section 1
of Chapter 665 of the Statutes of 2008, is amended to read:
1675. (a) As used in this section, "residential property" means
real property primarily consisting of a dwelling that meets both of
the following requirements:
(1) The dwelling contains not more than four residential units.
(2) At the time the contract to purchase and sell the property is
made, the buyer intends to occupy the dwelling or one of its units as
his or her residence.
(b) A provision in a contract to purchase and sell residential
property that provides that all or any part of a payment made by the
buyer shall constitute liquidated damages to the seller upon the
buyer's failure to complete the purchase of the property is valid to
the extent that payment in the form of cash or check, including a
postdated check, is actually made if the provision satisfies the
requirements of Sections 1677 and 1678 and either subdivision (c) or
(d) of this section.
(c) If the amount actually paid pursuant to the liquidated damages
provision does not exceed 3 percent of the purchase price, the
provision is valid to the extent that payment is actually made unless
the buyer establishes that the amount is unreasonable as liquidated
damages.
(d) If the amount actually paid pursuant to the liquidated damages
provision exceeds 3 percent of the purchase price, the provision is
invalid unless the party seeking to uphold the provision establishes
that the amount actually paid is reasonable as liquidated damages.
(e) For the purposes of subdivisions (c) and (d), the
reasonableness of an amount actually paid as liquidated damages shall
be determined by taking into account both of the following:
(1) The circumstances existing at the time the contract was made.
(2) The price and other terms and circumstances of any subsequent
sale or contract to sell and purchase the same property if the sale
or contract is made within six months of the buyer's default.
(f) (1) Notwithstanding either subdivision (c) or (d), for the
initial sale of newly constructed attached condominium units, as
defined pursuant to Section 783, that involves the sale of an
attached residential condominium unit located within a structure of
10 or more residential condominium units and the amount actually paid
to the seller pursuant to the liquidated damages provision exceeds 3
percent of the purchase price of the residential unit in the
transaction, both of the following shall occur in the event of a
buyer's default:
(A) The seller shall perform an accounting of its costs and
revenues related to and fairly allocable to the construction and sale
of the residential unit within 60 calendar days after the final
close of escrow of the sale of the unit within the structure.
(B) The accounting shall include any and all costs and revenues
related to the construction and sale of the residential property and
any delay caused by the buyer's default. The seller shall make
reasonable efforts to mitigate any damages arising from the default.
The seller shall refund to the buyer any amounts previously retained
as liquidated damages in excess of the greater of either 3 percent of
the originally agreed-upon purchase price of the residential
property or the amount of the seller's losses resulting from the
buyer's default, as calculated by the accounting.
(2) The refund shall be sent to the buyer's last known address
within 90 days after the final close of escrow of the sale or lease
of all the residential condominium units within the structure.
(3) If the amount retained by the seller after the accounting does
not exceed 3 percent of the purchase price, the amount is valid
unless the buyer establishes that the amount is unreasonable as
liquidated damages pursuant to subdivision (e).
(4) Subdivision (d) shall not apply to any dispute regarding the
reasonableness of any amount retained as liquidated damages pursuant
to this subdivision.
(5) Notwithstanding the time periods regarding the performance of
the accounting set forth in paragraph (1), if a new qualified buyer
has entered into a contract to purchase the residential property in
question, the seller shall perform the accounting within 60 calendar
days after a new qualified buyer has entered into a contract to
purchase.
(6) As used in this subdivision, "structure" means either of the
following:
(A) Improvements constructed on a common foundation.
(B) Improvements constructed by the same owner that must be
constructed concurrently due to the design characteristics of the
improvements or physical characteristics of the property on which the
improvements are located.
(7) As used in this subdivision, "new qualified buyer" means a
buyer who either:
(A) Has been issued a loan commitment, which satisfies the
purchase agreement loan contingency requirement, by an institutional
lender to obtain a loan for an amount equal to the purchase price
less any downpayment possessed by the buyer.
(B) Has contracted to pay a purchase price that is greater than or
equal to the purchase price to be paid by the original buyer.
(g) (1) (A) Notwithstanding subdivision (c), (d), or (f), for the
initial sale of newly constructed attached condominium units, as
defined pursuant to Section 783, that involves the sale of an
attached residential condominium unit described in subparagraph (B),
and the amount actually paid to the seller pursuant to the liquidated
damages provision exceeds 6 percent of the purchase price of the
residential unit in the transaction, both of the following shall
occur in the event of a buyer's default:
(i) The seller shall perform an accounting of its costs and
revenues related to and fairly allocable to the construction and sale
of the residential unit within 60 calendar days after the final
close of escrow of the sale of the unit within the structure.
(ii) The accounting shall include any and all costs and revenues
related to the construction and sale of the residential property and
any delay caused by the buyer's default. The seller shall make
reasonable efforts to mitigate any damages arising from the default.
The seller shall refund to the buyer any amounts previously retained
as liquidated damages in excess of the greater of either 6 percent of
the originally agreed-upon purchase price of the residential
property or the amount of the seller's losses resulting from the
buyer's default, as calculated by the accounting.
(B) This subdivision applies to an attached residential
condominium unit for which both of the following are true:
(i) The unit is located within a structure of 20 or more
residential condominium units, standing over eight stories high, that
is high-density infill development, as defined in paragraph (10) of
subdivision (a) of Section 21159.24 of the Public Resources Code, and
that is located in a city, county, or city and county with a
population density of 1,900 residents per square mile or greater, as
evidenced by the 2000 United States census.
(ii) The purchase price of the unit was more than one million
dollars ($1,000,000).
(2) The refund shall be sent to the buyer's last known address
within 90 days after the final close of escrow of the sale or lease
of all the residential condominium units within the structure.
(3) If the amount retained by the seller after the accounting does
not exceed 6 percent of the purchase price, the amount is valid
unless the buyer establishes that the amount is unreasonable as
liquidated damages pursuant to subdivision (e).
(4) Subdivision (d) shall not apply to any dispute regarding the
reasonableness of any amount retained as liquidated damages pursuant
to this subdivision.
(5) Notwithstanding the time periods regarding the performance of
the accounting set forth in paragraph (1), if a new qualified buyer
has entered into a contract to purchase the residential property in
question, the seller shall perform the accounting within 60 calendar
days after a new qualified buyer has entered into a contract to
purchase.
(6) As used in this subdivision, "structure" means either of the
following:
(A) Improvements constructed on a common foundation.
(B) Improvements constructed by the same owner that must be
constructed concurrently due to the design characteristics of the
improvements or physical characteristics of the property on which the
improvements are located.
(7) As used in this subdivision, "new qualified buyer" means a
buyer who either:
(A) Has been issued a loan commitment, which satisfies the
purchase agreement loan contingency requirement, by an institutional
lender to obtain a loan for an amount equal to the purchase price
less any downpayment possessed by the buyer.
(B) Has contracted to pay a purchase price that is greater than or
equal to the purchase price to be paid by the original buyer.
(8) Commencing on July 1, 2010, and annually on each July 1
thereafter, the dollar amount of the minimum purchase price specified
in paragraph (1) shall be adjusted. The Real Estate Commissioner
shall determine the amount of the adjustment based on the change in
the median price of a single family home in California, as determined
by the most recent data available from the Federal Housing Finance
Board. Upon determining the amount of the adjustment, the Real Estate
Commissioner shall publish the current dollar amount of the minimum
purchase price on the Internet Web site of the Department of Real
Estate.
(9) Prior to the execution of a contract for sale of a residential
condominium unit subject to this subdivision, the seller shall
provide to the buyer the following notice, in at least 12-point type:
"Important Notice Regarding Your Deposit: Under California law, in
a contract for the initial sale of a newly constructed attached
condominium unit in a building over eight stories tall, containing 20
or more residential units, and located in a high-density infill
development in a city, county, or city and county with 1,900
residents or more per square mile, where the price is more than one
million dollars ($1,000,000), as adjusted by the Department of Real
Estate, liquidated damages of 6 percent of the purchase price are
presumed valid if the buyer defaults, unless the buyer establishes
that the amount is unreasonable."
If the seller fails to provide this notice to the buyer prior to
the execution of the contract, the amount of any liquidated damages
shall be subject to subdivisions (c) and (d).
(h) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 26. Section 1770 of the Civil Code is amended to read:
1770. (a) The following unfair methods of competition and unfair
or deceptive acts or practices undertaken by any person in a
transaction intended to result or which results in the sale or lease
of goods or services to any consumer are unlawful:
(1) Passing off goods or services as those of another.
(2) Misrepresenting the source, sponsorship, approval, or
certification of goods or services.
(3) Misrepresenting the affiliation, connection, or association
with, or certification by, another.
(4) Using deceptive representations or designations of geographic
origin in connection with goods or services.
(5) Representing that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits, or quantities
which they do not have or that a person has a sponsorship, approval,
status, affiliation, or connection which he or she does not have.
(6) Representing that goods are original or new if they have
deteriorated unreasonably or are altered, reconditioned, reclaimed,
used, or secondhand.
(7) Representing that goods or services are of a particular
standard, quality, or grade, or that goods are of a particular style
or model, if they are of another.
(8) Disparaging the goods, services, or business of another by
false or misleading representation of fact.
(9) Advertising goods or services with intent not to sell them as
advertised.
(10) Advertising goods or services with intent not to supply
reasonably expectable demand, unless the advertisement discloses a
limitation of quantity.
(11) Advertising furniture without clearly indicating that it is
unassembled if that is the case.
(12) Advertising the price of unassembled furniture without
clearly indicating the assembled price of that furniture if the same
furniture is available assembled from the seller.
(13) Making false or misleading statements of fact concerning
reasons for, existence of, or amounts of price reductions.
(14) Representing that a transaction confers or involves rights,
remedies, or obligations which it does not have or involve, or which
are prohibited by law.
(15) Representing that a part, replacement, or repair service is
needed when it is not.
(16) Representing that the subject of a transaction has been
supplied in accordance with a previous representation when it has
not.
(17) Representing that the consumer will receive a rebate,
discount, or other economic benefit, if the earning of the benefit is
contingent on an event to occur subsequent to the consummation of
the transaction.
(18) Misrepresenting the authority of a salesperson,
representative, or agent to negotiate the final terms of a
transaction with a consumer.
(19) Inserting an unconscionable provision in the contract.
(20) Advertising that a product is being offered at a specific
price plus a specific percentage of that price unless (A) the total
price is set forth in the advertisement, which may include, but is
not limited to, shelf tags, displays, and media advertising, in a
size larger than any other price in that advertisement, and (B) the
specific price plus a specific percentage of that price represents a
markup from the seller's costs or from the wholesale price of the
product. This subdivision shall not apply to in-store advertising by
businesses which are open only to members or cooperative
organizations organized pursuant to Division 3 (commencing with
Section 12000) of Title 1 of the Corporations Code where more than 50
percent of purchases are made at the specific price set forth in the
advertisement.
(21) Selling or leasing goods in violation of Chapter 4
(commencing with Section 1797.8) of Title 1.7.
(22) (A) Disseminating an unsolicited prerecorded message by
telephone without an unrecorded, natural voice first informing the
person answering the telephone of the name of the caller or the
organization being represented, and either the address or the
telephone number of the caller, and without obtaining the consent of
that person to listen to the prerecorded message.
(B) This subdivision does not apply to a message disseminated to a
business associate, customer, or other person having an established
relationship with the person or organization making the call, to a
call for the purpose of collecting an existing obligation, or to any
call generated at the request of the recipient.
(23) The home solicitation, as defined in subdivision (h) of
Section 1761, of a consumer who is a senior citizen where a loan is
made encumbering the primary residence of that consumer for the
purposes of paying for home improvements and where the transaction is
part of a pattern or practice in violation of either subsection (h)
or (i) of Section 1639 of Title 15 of the United States Code or
subsection (e) of Section 226.32 of Title 12 of the Code of Federal
Regulations.
A third party shall not be liable under this subdivision unless
(A) there was an agency relationship between the party who engaged in
home solicitation and the third party or (B) the third party had
actual knowledge of, or participated in, the unfair or deceptive
transaction. A third party who is a holder in due course under a home
solicitation transaction shall not be liable under this subdivision.
(24) (A) Charging or receiving an unreasonable fee to prepare,
aid, or advise any prospective applicant, applicant, or recipient in
the procurement, maintenance, or securing of public social services.
(B) For purposes of this paragraph, the following definitions
shall apply:
(i) "Public social services" means those activities and functions
of state and local government administered or supervised by the State
Department of Health Care Services, the State Department of Public
Health, or the State Department of Social Services, and involved in
providing aid or services, or both, including health care services
and medical assistance, to those persons who, because of their
economic circumstances or social condition, are in need of that aid
or those services and may benefit from them.
(ii) "Unreasonable fee" means a fee that is exorbitant and
disproportionate to the services performed. Factors to be considered,
when appropriate, in determining the reasonableness of a fee, are
based on the circumstances existing at the time of the service and
shall include, but not be limited to, all of the following:
(I) The time and effort required.
(II) The novelty and difficulty of the services.
(III) The skill required to perform the services.
(IV) The nature and length of the professional relationship.
(V) The experience, reputation, and ability of the person
providing the services.
(C) This paragraph shall not apply to attorneys licensed to
practice law in California, who are subject to the California Rules
of Professional Conduct and to the mandatory fee arbitration
provisions of Article 13 (commencing with Section 6200) of Chapter 4
of Division 3 of the Business and Professions Code, when the fees
charged or received are for providing representation in
administrative agency appeal proceedings or court proceedings for
purposes of procuring, maintaining, or securing public social
services on behalf of a person or group of persons.
(b) (1) It is an unfair or deceptive act or practice for a
mortgage broker or lender, directly or indirectly, to use a home
improvement contractor to negotiate the terms of any loan that is
secured, whether in whole or in part, by the residence of the
borrower and which is used to finance a home improvement contract or
any portion thereof. For purposes of this subdivision, "mortgage
broker or lender" includes a finance lender licensed pursuant to the
California Finance Lenders Law (Division 9 (commencing with Section
22000) of the Financial Code), a residential mortgage lender licensed
pursuant to the California Residential Mortgage Lending Act
(Division 20 (commencing with Section 50000) of the Financial Code),
or a real estate broker licensed under the Real Estate Law (Division
4 (commencing with Section 10000) of the Business and Professions
Code).
(2) This section shall not be construed to either authorize or
prohibit a home improvement contractor from referring a consumer to a
mortgage broker or lender by this subdivision. However, a home
improvement contractor may refer a consumer to a mortgage lender or
broker if that referral does not violate Section 7157 of the Business
and Professions Code or any other provision of law. A mortgage
lender or broker may purchase an executed home improvement contract
if that purchase does not violate Section 7157 of the Business and
Professions Code or any other provision of law. Nothing in this
paragraph shall have any effect on the application of Chapter 1
(commencing with Section 1801) of Title 2 to a home improvement
transaction or the financing thereof.
SEC. 27. Section 1780 of the Civil Code is amended to read:
1780. (a) Any consumer who suffers any damage as a result of the
use or employment by any person of a method, act, or practice
declared to be unlawful by Section 1770 may bring an action against
that person to recover or obtain any of the following:
(1) Actual damages, but in no case shall the total award of
damages in a class action be less than one thousand dollars ($1,000).
(2) An order enjoining the methods, acts, or practices.
(3) Restitution of property.
(4) Punitive damages.
(5) Any other relief that the court deems proper.
(b) (1) Any consumer who is a senior citizen or a disabled person,
as defined in subdivisions (f) and (g) of Section 1761, as part of
an action under subdivision (a), may seek and be awarded, in addition
to the remedies specified therein, up to five thousand dollars
($5,000) where the trier of fact does all of the following:
(A) Finds that the consumer has suffered substantial physical,
emotional, or economic damage resulting from the defendant's conduct.
(B) Makes an affirmative finding in regard to one or more of the
factors set forth in subdivision (b) of Section 3345.
(C) Finds that an additional award is appropriate.
(2) Judgment in a class action by senior citizens or disabled
persons under Section 1781 may award each class member that
additional award if the trier of fact has made the foregoing
findings.
(c) Whenever it is proven by a preponderance of the evidence that
a defendant has engaged in conduct in violation of paragraph (24) of
subdivision (a) of Section 1770, in addition to all other remedies
otherwise provided in this section, the court shall award treble
actual damages to the plaintiff. This subdivision shall not apply to
attorneys licensed to practice law in California, who are subject to
the California Rules of Professional Conduct and to the mandatory fee
arbitration provisions of Article 13 (commencing with Section 6200)
of Chapter 4 of Division 3 of the Business and Professions Code, when
the fees charged or received are for providing representation in
administrative agency appeal proceedings or court proceedings for
purposes of procuring, maintaining, or securing public social
services on behalf of a person or group of persons.
(d) An action under subdivision (a) or (b) may be commenced in the
county in which the person against whom it is brought resides, has
his or her principal place of business, or is doing business, or in
the county where the transaction or any substantial portion thereof
occurred.
In any action subject to this section, concurrently with the
filing of the complaint, the plaintiff shall file an affidavit
stating facts showing that the action has been commenced in a county
described in this section as a proper place for the trial of the
action. If a plaintiff fails to file the affidavit required by this
section, the court shall, upon its own motion or upon motion of any
party, dismiss the action without prejudice.
(e) The court shall award court costs and attorney's fees to a
prevailing plaintiff in litigation filed pursuant to this section.
Reasonable attorney's fees may be awarded to a prevailing defendant
upon a finding by the court that the plaintiff's prosecution of the
action was not in good faith.
SEC. 28. Section 1936 of the Civil Code is amended to read:
1936. (a) For the purpose of this section, the following
definitions shall apply:
(1) "Rental company" means a person or entity in the
business of renting passenger vehicles to the public.
(2) "Renter" means any person in a manner obligated under a
contract for the lease or hire of a passenger vehicle from a rental
company for a period of less than 30 days.
(3) "Authorized driver" means (A) the renter, (B) the renter's
spouse if that person is a licensed driver and satisfies the rental
company's minimum age requirement, (C) the renter's employer or
coworker if he or she is engaged in business activity with the
renter, is a licensed driver, and satisfies the rental company's
minimum age requirement, and (D) a person expressly listed by the
rental company on the renter's contract as an authorized driver.
(4) (A) "Customer facility charge" means a fee required by an
airport to be collected by a rental company from a renter for either
of the following purposes:
(i) To finance, design, and construct consolidated airport car
rental facilities.
(ii) To finance, design, construct, and provide common-use
transportation systems that move passengers between airport terminals
and those consolidated car rental facilities.
(B) The aggregate amount to be collected shall not exceed the
reasonable costs, as determined by an independent audit paid for by
the airport, to finance, design, and construct those facilities.
Copies of the audit shall be provided to the Assembly and Senate
Committees on Judiciary, the Assembly Committee on Transportation,
and the Senate Committee on Transportation and Housing. In the case
of a transportation system, the audit also shall consider the
reasonable costs of providing the transit system or busing network.
At the Burbank Airport, and at all other airports, the fees
designated as a customer facility charge shall not be used to pay for
terminal expansion, gate expansion, runway expansion, changes in
hours of operation, or changes in the number of flights arriving or
departing from the airport.
(C) Except as provided in subparagraph (D), the authorization
given pursuant to this section for an airport to impose a customer
facility charge shall become inoperative when the bonds used for
financing are paid.
(D) If a bond or other form of indebtedness is not used for
financing, or the bond or other form of indebtedness used for
financing has been paid, the Oakland International Airport may
require the collection of a customer facility charge for a period of
up to 10 years from the imposition of the charge for the purposes
allowed by, and subject to the conditions imposed by, this section.
(5) "Damage waiver" means a rental company's agreement not to hold
a renter liable for all or any portion of any damage or loss related
to the rented vehicle, any loss of use of the rented vehicle, or any
storage, impound, towing, or administrative charges.
(6) "Electronic surveillance technology" means a technological
method or system used to observe, monitor, or collect information,
including telematics, Global Positioning System (GPS), wireless
technology, or location-based technologies. "Electronic surveillance
technology" does not include event data recorders (EDR), sensing and
diagnostic modules (SDM), or other systems that are used either:
(A) For the purpose of identifying, diagnosing, or monitoring
functions related to the potential need to repair, service, or
perform maintenance on the rental vehicle.
(B) As part of the vehicle's airbag sensing and diagnostic system
in order to capture safety systems-related data for retrieval after a
crash has occurred or in the event that the collision sensors are
activated to prepare the decisionmaking computer to make the
determination to deploy or not to deploy the airbag.
(7) "Estimated time for replacement" means the number of hours of
labor, or fraction thereof, needed to replace damaged vehicle parts
as set forth in collision damage estimating guides generally used in
the vehicle repair business and commonly known as "crash books."
(8) "Estimated time for repair" means a good faith estimate of the
reasonable number of hours of labor, or fraction thereof, needed to
repair damaged vehicle parts.
(9) "Membership program" means a service offered by a rental
company that permits customers to bypass the rental counter and go
directly to the car previously reserved. A membership program shall
meet all of the following requirements:
(A) The renter initiates enrollment by completing an application
on which the renter can specify a preference for type of vehicle and
acceptance or declination of optional services.
(B) The rental company fully discloses, prior to the enrollee's
first rental as a participant in the program, all terms and
conditions of the rental agreement as well as all required
disclosures.
(C) The renter may terminate enrollment at any time.
(D) The rental company fully explains to the renter that
designated preferences, as well as acceptance or declination of
optional services, may be changed by the renter at any time for the
next and future rentals.
(E) An employee designated to receive the form specified in
subparagraph (C) of paragraph (1) of subdivision (t) is present at
the lot where the renter takes possession of the car, to receive any
change in the rental agreement from the renter.
(10) "Passenger vehicle" means a passenger vehicle as defined in
Section 465 of the Vehicle Code.
(b) Except as limited by subdivision (c), a rental company and a
renter may agree that the renter will be responsible for no more than
all of the following:
(1) Physical or mechanical damage to the rented vehicle up to its
fair market value, as determined in the customary market for the sale
of that vehicle, resulting from collision regardless of the cause of
the damage.
(2) Loss due to theft of the rented vehicle up to its fair market
value, as determined in the customary market for the sale of that
vehicle, provided that the rental company establishes by clear and
convincing evidence that the renter or the authorized driver failed
to exercise ordinary care while in possession of the vehicle. In
addition, the renter shall be presumed to have no liability for any
loss due to theft if (A) an authorized driver has possession of the
ignition key furnished by the rental company or an authorized driver
establishes that the ignition key furnished by the rental company was
not in the vehicle at the time of the theft, and (B) an authorized
driver files an official report of the theft with the police or other
law enforcement agency within 24 hours of learning of the theft and
reasonably cooperates with the rental company and the police or other
law enforcement agency in providing information concerning the
theft. The presumption set forth in this paragraph is a presumption
affecting the burden of proof which the rental company may rebut by
establishing that an authorized driver committed, or aided and
abetted the commission of, the theft.
(3) Physical damage to the rented vehicle up to its fair market
value, as determined in the customary market for the sale of that
vehicle, resulting from vandalism occurring after, or in connection
with, the theft of the rented vehicle. However, the renter shall have
no liability for any damage due to vandalism if the renter would
have no liability for theft pursuant to paragraph (2).
(4) Physical damage to the rented vehicle up to a total of five
hundred dollars ($500) resulting from vandalism unrelated to the
theft of the rented vehicle.
(5) Actual charges for towing, storage, and impound fees paid by
the rental company if the renter is liable for damage or loss.
(6) An administrative charge, which shall include the cost of
appraisal and all other costs and expenses incident to the damage,
loss, repair, or replacement of the rented vehicle.
(c) The total amount of the renter's liability to the rental
company resulting from damage to the rented vehicle shall not exceed
the sum of the following:
(1) The estimated cost of parts which the rental company would
have to pay to replace damaged vehicle parts. All discounts and price
reductions or adjustments that are or will be received by the rental
company shall be subtracted from the estimate to the extent not
already incorporated in the estimate, or otherwise promptly credited
or refunded to the renter.
(2) The estimated cost of labor to replace damaged vehicle parts,
which shall not exceed the product of (A) the rate for labor usually
paid by the rental company to replace vehicle parts of the type that
were damaged and (B) the estimated time for replacement. All
discounts and price reductions or adjustments that are or will be
received by the rental company shall be subtracted from the estimate
to the extent not already incorporated in the estimate, or otherwise
promptly credited or refunded to the renter.
(3) (A) The estimated cost of labor to repair damaged vehicle
parts, which shall not exceed the lesser of the following:
(i) The product of the rate for labor usually paid by the rental
company to repair vehicle parts of the type that were damaged and the
estimated time for repair.
(ii) The sum of the estimated labor and parts costs determined
under paragraphs (1) and (2) to replace the same vehicle parts.
(B) All discounts and price reductions or adjustments that are or
will be received by the rental company shall be subtracted from the
estimate to the extent not already incorporated in the estimate, or
otherwise promptly credited or refunded to the renter.
(4) For the purpose of converting the estimated time for repair
into the same units of time in which the rental rate is expressed, a
day shall be deemed to consist of eight hours.
(5) Actual charges for towing, storage, and impound fees paid by
the rental company.
(6) The administrative charge described in paragraph (6) of
subdivision (b) shall not exceed (A) fifty dollars ($50) if the total
estimated cost for parts and labor is more than one hundred dollars
($100) up to and including five hundred dollars ($500), (B) one
hundred dollars ($100) if the total estimated cost for parts and
labor exceeds five hundred dollars ($500) up to and including one
thousand five hundred dollars ($1,500), and (C) one hundred fifty
dollars ($150) if the total estimated cost for parts and labor
exceeds one thousand five hundred dollars ($1,500). An administrative
charge shall not be imposed if the total estimated cost of parts and
labor is one hundred dollars ($100) or less.
(d) (1) The total amount of an authorized driver's liability to
the rental company, if any, for damage occurring during the
authorized driver's operation of the rented vehicle shall not exceed
the amount of the renter's liability under subdivision (c).
(2) A rental company shall not recover from the renter or other
authorized driver an amount exceeding the renter's liability under
subdivision (c).
(3) A claim against a renter resulting from damage or loss,
excluding loss of use, to a rental vehicle shall be reasonably and
rationally related to the actual loss incurred. A rental company
shall mitigate damages where possible and shall not assert or collect
a claim for physical damage which exceeds the actual costs of the
repairs performed or the estimated cost of repairs, if the rental
company chooses not to repair the vehicle, including all discounts
and price reductions. However, if the vehicle is a total loss
vehicle, the claim shall not exceed the total loss vehicle value
established in accordance with procedures that are customarily used
by insurance companies when paying claims on total loss vehicles,
less the proceeds from salvaging the vehicle, if those proceeds are
retained by the rental company.
(4) If insurance coverage exists under the renter's applicable
personal or business insurance policy and the coverage is confirmed
during regular business hours, the renter may require that the rental
company submit any claims to the renter's applicable personal or
business insurance carrier. The rental company shall not make any
written or oral representations that it will not present claims or
negotiate with the renter's insurance carrier. For purposes of this
paragraph, confirmation of coverage includes telephone confirmation
from insurance company representatives during regular business hours.
Upon request of the renter and after confirmation of coverage, the
amount of claim shall be resolved between the insurance carrier and
the rental company. The renter shall remain responsible for payment
to the rental car company for any loss sustained that the renter's
applicable personal or business insurance policy does not cover.
(5) A rental company shall not recover from the renter or other
authorized driver for an item described in subdivision (b) to the
extent the rental company obtains recovery from another person.
(6) This section applies only to the maximum liability of a renter
or other authorized driver to the rental company resulting from
damage to the rented vehicle and not to the liability of another
person.
(e) (1) Except as provided in subdivision (f), a damage waiver
shall provide or, if not expressly stated in writing, shall be deemed
to provide that the renter has no liability for a damage, loss, loss
of use, or a cost or expense incident thereto.
(2) Except as provided in subdivision (f), every limitation,
exception, or exclusion to a damage waiver is void and unenforceable.
(f) A rental company may provide in the rental contract that a
damage waiver does not apply under any of the following
circumstances:
(1) Damage or loss results from an authorized driver's (A)
intentional, willful, wanton, or reckless conduct, (B) operation of
the vehicle under the influence of drugs or alcohol in violation of
Section 23152 of the Vehicle Code, (C) towing or pushing anything, or
(D) operation of the vehicle on an unpaved road if the damage or
loss is a direct result of the road or driving conditions.
(2) Damage or loss occurs while the vehicle is (A) used for
commercial hire, (B) used in connection with conduct that could be
properly charged as a felony, (C) involved in a speed test or contest
or in driver training activity, (D) operated by a person other than
an authorized driver, or (E) operated outside the United States.
(3) An authorized driver who has (A) provided fraudulent
information to the rental company, or (B) provided false information
and the rental company would not have rented the vehicle if it had
instead received true information.
(g) (1) A rental company that offers or provides a damage waiver
for any consideration in addition to the rental rate shall clearly
and conspicuously disclose the following information in the rental
contract or holder in which the contract is placed and, also, in
signs posted at the place, such as the counter, where the renter
signs the rental contract, and, for renters who are enrolled in the
rental company's membership program, in a sign that shall be posted
in a location clearly visible to those renters as they enter the
location where their reserved rental cars are parked or near the exit
of the bus or other conveyance that transports the enrollee to a
reserved car: (A) the nature of the renter's liability, such as
liability for all collision damage regardless of cause, (B) the
extent of the renter's liability, such as liability for damage or
loss up to a specified amount, (C) the renter's personal insurance
policy or the credit card used to pay for the car rental transaction
may provide coverage for all or a portion of the renter's potential
liability, (D) the renter should consult with his or her insurer to
determine the scope of insurance coverage, including the amount of
the deductible, if any, for which the renter is obligated, (E) the
renter may purchase an optional damage waiver to cover all liability,
subject to whatever exceptions the rental company expressly lists
that are permitted under subdivision (f), and (F) the range of
charges for the damage waiver.
(2) In addition to the requirements of paragraph (1), a rental
company that offers or provides a damage waiver shall orally disclose
to all renters, except those who are participants in the rental
company's membership program, that the damage waiver may be
duplicative of coverage that the customer maintains under his or her
own policy of motor vehicle insurance. The renter's receipt of the
oral disclosure shall be demonstrated through the renter's
acknowledging receipt of the oral disclosure near that part of the
contract where the renter indicates, by the renter's own initials,
his or her acceptance or declination of the damage waiver. Adjacent
to that same part, the contract also shall state that the damage
waiver is optional. Further, the contract for these renters shall
include a clear and conspicuous written disclosure that the damage
waiver may be duplicative of coverage that the customer maintains
under his or her own policy of motor vehicle insurance.
(3) The following is an example, for purposes of illustration and
not limitation, of a notice fulfilling the requirements of paragraph
(1) for a rental company that imposes liability on the renter for
collision damage to the full value of the vehicle:
"NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE
WAIVER
You are responsible for all collision damage to the rented vehicle
even if someone else caused it or the cause is unknown. You are
responsible for the cost of repair up to the value of the vehicle,
and towing, storage, and impound fees.
Your own insurance, or the issuer of the credit card you use to
pay for the car rental transaction, may cover all or part of your
financial responsibility for the rented vehicle. You should check
with your insurance company, or credit card issuer, to find out about
your coverage and the amount of the deductible, if any, for which
you may be liable.
Further, if you use a credit card that provides coverage for your
potential liability, you should check with the issuer to determine if
you must first exhaust the coverage limits of your own insurance
before the credit card coverage applies.
The rental company will not hold you responsible if you buy a
damage waiver. But a damage waiver will not protect you if (list
exceptions)."
(A) When the above notice is printed in the rental contract or
holder in which the contract is placed, the following shall be
printed immediately following the notice:
"The cost of an optional damage waiver is $____ for every (day or
week)."
(B) When the above notice appears on a sign, the following shall
appear immediately adjacent to the notice:
"The cost of an optional damage waiver is $____ to $____ for every
(day or week), depending upon the vehicle rented."
(h) Notwithstanding any other provision of law, a rental company
may sell a damage waiver subject to the following rate limitations
for each full or partial 24-hour rental day for the damage waiver.
(1) For rental vehicles that the rental company designates as an
"economy car," "subcompact car," "compact car," or another term
having similar meaning when offered for rental, or another vehicle
having a manufacturer's suggested retail price of nineteen thousand
dollars ($19,000) or less, the rate shall not exceed nine dollars
($9).
(2) For rental vehicles that have a manufacturer's suggested
retail price from nineteen thousand one dollars ($19,001) to
thirty-four thousand nine hundred ninety-nine dollars ($34,999),
inclusive, and that are also either vehicles of next year's model, or
not older than the previous year's model, the rate shall not exceed
fifteen dollars ($15). For those rental vehicles older than the
previous year's model-year, the rate shall not exceed nine dollars
($9).
(i) The manufacturer's suggested retail prices described in
subdivision (h) shall be adjusted annually to reflect changes from
the previous year in the Consumer Price Index. For the purposes of
this section, "Consumer Price Index" means the United States Consumer
Price Index for All Urban Consumers, for all items.
(j) A rental company that disseminates in this state an
advertisement containing a rental rate shall include in that
advertisement a clearly readable statement of the charge for a damage
waiver and a statement that a damage waiver is optional.
(k) (1) A rental company shall not require the purchase of a
damage waiver, optional insurance, or another optional good or
service.
(2) A rental company shall not engage in any unfair, deceptive, or
coercive conduct to induce a renter to purchase the damage waiver,
optional insurance, or another optional good or service, including
conduct such as, but not limited to, refusing to honor the renter's
reservation, limiting the availability of vehicles, requiring a
deposit, or debiting or blocking the renter's credit card account for
a sum equivalent to a deposit if the renter declines to purchase the
damage waiver, optional insurance, or another optional good or
service.
(l) (1) In the absence of express permission granted by the renter
subsequent to damage to, or loss of, the vehicle, a rental company
shall not seek to recover any portion of a claim arising out of
damage to, or loss of, the rented vehicle by processing a credit card
charge or causing a debit or block to be placed on the renter's
credit card account.
(2) A rental company shall not engage in any unfair, deceptive, or
coercive tactics in attempting to recover or in recovering on any
claim arising out of damage to, or loss of, the rented vehicle.
(m) (1) A customer facility charge may be collected by a rental
company under the following circumstances:
(A) Collection of the fee by the rental company is required by an
airport operated by a city, a county, a city and county, a joint
powers authority, a special district, or the San Diego County
Regional Airport Authority formed pursuant to Division 17 (commencing
with Section 170000) of the Public Utilities Code.
(B) The fee is calculated on a per-contract basis.
(C) The fee is a user fee, not a tax imposed upon real property or
an incidence of property ownership under Article XIII D of the
California Constitution.
(D) Except as otherwise provided in subparagraph (E), the fee
shall be ten dollars ($10) per contract.
(E) If the fee imposed by the airport is for both a consolidated
rental car facility and a common-use transportation system, the fee
collected from customers of on-airport rental car companies shall be
ten dollars ($10), but the fee imposed on customers of off-airport
rental car companies who are transported on the common-use
transportation system is proportionate to the costs of the common-use
transportation system only. The fee is uniformly applied to each
class of on-airport or off-airport customers, provided that the
airport requires off-airport customers to use the common-use
transportation system.
(F) Revenues collected from the fee do not exceed the reasonable
costs of financing, designing, constructing, or operating the
facility or transportation services and shall not be used for any
other purpose.
(G) The fee is separately identified on the rental agreement.
(H) This paragraph does not apply to airports the fees of which
are governed by Section 50474.1 of the Government Code or Section
57.5 of the San Diego Unified Port District Act.
(2) Notwithstanding any other provision of law, including, but not
limited to, Part 1 (commencing with Section 6001) to Part 1.7
(commencing with Section 7280), inclusive, of Division 2 of the
Revenue and Taxation Code, the fees collected pursuant to this
section, or another law whereby a local agency operating an airport
requires a rental car company to collect a facility financing fee
from its customers, are not subject to sales, use, or transaction
taxes.
(n) (1) A rental company shall only advertise, quote, and charge a
rental rate that includes the entire amount except taxes, a customer
facility charge, if any, and a mileage charge, if any, that a renter
must pay to hire or lease the vehicle for the period of time to
which the rental rate applies. A rental company shall not charge in
addition to the rental rate, taxes, a customer facility charge, if
any, and a mileage charge, if any, any fee that is required to be
paid by the renter as a condition of hiring or leasing the vehicle,
including, but not limited to, required fuel or airport surcharges
other than customer facility charges, nor a fee for transporting the
renter to the location where the rented vehicle will be delivered to
the renter.
(2) In addition to the rental rate, taxes, customer facility
charges, if any, and mileage charges, if any, a rental company may
charge for an item or service provided in connection with a
particular rental transaction if the renter could have avoided
incurring the charge by choosing not to obtain or utilize the
optional item or service. Items and services for which the rental
company may impose an additional charge include, but are not limited
to, optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of the
vehicle to a location other than the location where the vehicle was
hired or leased, and charges for refueling the vehicle at the
conclusion of the rental transaction in the event the renter did not
return the vehicle with as much fuel as was in the fuel tank at the
beginning of the rental. A rental company also may impose an
additional charge based on reasonable age criteria established by the
rental company.
(3) A rental company shall not charge a fee for authorized drivers
in addition to the rental charge for an individual renter.
(4) If a rental company states a rental rate in print
advertisement or in a telephonic, in-person, or computer-transmitted
quotation, the rental company shall disclose clearly in that
advertisement or quotation the terms of mileage conditions relating
to the advertised or quoted rental rate, including, but not limited
to, to the extent applicable, the amount of mileage and gas charges,
the number of miles for which no charges will be imposed, and a
description of geographic driving limitations within the United
States and Canada.
(5) (A) When a rental rate is stated in an advertisement,
quotation, or reservation in connection with a car rental at an
airport where a customer facility charge is imposed, the rental
company shall disclose clearly the existence and amount of the
customer facility charge. For purposes of this subparagraph,
advertisements include radio, television, other electronic media, and
print advertisements. For purposes of this subparagraph, quotations
and reservations include those that are telephonic, in-
person, and computer-transmitted. If the
rate advertisement is intended to include transactions at more than
one airport imposing a customer facility charge, a range of fees may
be stated in the advertisement. However, all rate advertisements that
include car rentals at airport destinations shall clearly and
conspicuously include a toll-free telephone number whereby a customer
can be told the specific amount of the customer facility charge to
which the customer will be obligated.
(B) If a person or entity other than a rental car company,
including a passenger carrier or a seller of travel services,
advertises or quotes a rate for a car rental at an airport where a
customer facility charge is imposed, that person or entity shall,
provided that he, she, or it is provided with information about the
existence and amount of the fee, to the extent not specifically
prohibited by federal law, clearly disclose the existence and amount
of the fee in any telephonic, in-person, or computer-transmitted
quotation at the time of making an initial quotation of a rental rate
and at the time of making a reservation of a rental car. If a rental
car company provides the person or entity with rate and customer
facility charge information, the rental car company is not
responsible for the failure of that person or entity to comply with
this subparagraph when quoting or confirming a rate to a third person
or entity.
(6) If a rental company delivers a vehicle to a renter at a
location other than the location where the rental company normally
carries on its business, the rental company shall not charge the
renter an amount for the rental for the period before the delivery of
the vehicle. If a rental company picks up a rented vehicle from a
renter at a location other than the location where the rental company
normally carries on its business, the rental company shall not
charge the renter an amount for the rental for the period after the
renter notifies the rental company to pick up the vehicle.
(o) A rental company shall not use, access, or obtain any
information relating to the renter's use of the rental vehicle that
was obtained using electronic surveillance technology, except in the
following circumstances:
(1) (A) When the equipment is used by the rental company only for
the purpose of locating a stolen, abandoned, or missing rental
vehicle after one of the following:
(i) The renter or law enforcement has informed the rental company
that the vehicle is missing or has been stolen or abandoned.
(ii) The rental vehicle has not been returned following one week
after the contracted return date, or by one week following the end of
an extension of that return date.
(iii) The rental company discovers the rental vehicle has been
stolen or abandoned, and, if stolen, it shall report the vehicle
stolen to law enforcement by filing a stolen vehicle report, unless
law enforcement has already informed the rental company that the
vehicle is missing or has been stolen or abandoned.
(B) If electronic surveillance technology is activated pursuant to
subparagraph (A), a rental company shall maintain a record, in
either electronic or written form, of information relevant to the
activation of that technology. That information shall include the
rental agreement, including the return date, and the date and time
the electronic surveillance technology was activated. The record
shall also include, if relevant, a record of written or other
communication with the renter, including communications regarding
extensions of the rental, police reports, or other written
communication with law enforcement officials. The record shall be
maintained for a period of at least 12 months from the time the
record is created and shall be made available upon the renter's
request. The rental company shall maintain and furnish explanatory
codes necessary to read the record. A rental company shall not be
required to maintain a record if electronic surveillance technology
is activated to recover a rental vehicle that is stolen or missing at
a time other than during a rental period.
(2) In response to a specific request from law enforcement
pursuant to a subpoena or search warrant.
(3) This subdivision does not prohibit a rental company from
equipping rental vehicles with GPS-based technology that provides
navigation assistance to the occupants of the rental vehicle, if the
rental company does not use, access, or obtain information relating
to the renter's use of the rental vehicle that was obtained using
that technology, except for the purposes of discovering or repairing
a defect in the technology and the information may then be used only
for that purpose.
(4) This subdivision does not prohibit a rental company from
equipping rental vehicles with electronic surveillance technology
that allows for the remote locking or unlocking of the vehicle at the
request of the renter, if the rental company does not use, access,
or obtain information relating to the renter's use of the rental
vehicle that was obtained using that technology, except as necessary
to lock or unlock the vehicle.
(5) This subdivision does not prohibit a rental company from
equipping rental vehicles with electronic surveillance technology
that allows the company to provide roadside assistance, such as
towing, flat tire, or fuel services, at the request of the renter, if
the rental company does not use, access, or obtain information
relating to the renter's use of the rental vehicle that was obtained
using that technology except as necessary to provide the requested
roadside assistance.
(6) This subdivision does not prohibit a rental company from
obtaining, accessing, or using information from electronic
surveillance technology for the sole purpose of determining the date
and time the vehicle is returned to the rental company, and the total
mileage driven and the vehicle fuel level of the returned vehicle.
This paragraph, however, shall apply only after the renter has
returned the vehicle to the rental company, and the information shall
only be used for the purpose described in this paragraph.
(p) A rental company shall not use electronic surveillance
technology to track a renter in order to impose fines or surcharges
relating to the renter's use of the rental vehicle.
(q) A renter may bring an action against a rental company for the
recovery of damages and appropriate equitable relief for a violation
of this section. The prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
(r) A rental company that brings an action against a renter for
loss due to theft of the vehicle shall bring the action in the county
in which the renter resides or, if the renter is not a resident of
this state, in the jurisdiction in which the renter resides.
(s) A waiver of any of the provisions of this section shall be
void and unenforceable as contrary to public policy.
(t) (1) A rental company's disclosure requirements shall be
satisfied for renters who are enrolled in the rental company's
membership program if all of the following conditions are met:
(A) Prior to the enrollee's first rental as a participant in the
program, the renter receives, in writing, the following:
(i) All of the disclosures required by paragraph (1) of
subdivision (g), including the terms and conditions of the rental
agreement then in effect.
(ii) An Internet Web site address, as well as a contact number or
address, where the enrollee can learn of changes to the rental
agreement or to the laws of this state governing rental agreements
since the effective date of the rental company's most recent
restatement of the rental agreement and distribution of that
restatement to its members.
(B) At the commencement of each rental period, the renter is
provided, on the rental record or the folder in which it is inserted,
with a printed notice stating that he or she had either previously
selected or declined an optional damage waiver and that the renter
has the right to change preferences.
(C) At the commencement of each rental period, the rental company
provides, on the rearview mirror, a hanger on which a statement is
printed, in a box, in at least 12-point boldface type, notifying the
renter that the collision damage waiver offered by the rental company
may be duplicative of coverage that the customer maintains under his
or her own policy of motor vehicle insurance. If it is not feasible
to hang the statement from the rearview mirror, it shall be hung from
the steering wheel.
The hanger shall provide the renter a box to initial if he or she
(not his or her employer) has previously accepted or declined the
collision damage waiver and that he or she now wishes to change his
or her decision to accept or decline the collision damage waiver, as
follows:
"/-/ If I previously accepted the collision damage waiver, I now
decline it.
/-/ If I previously declined the collision damage waiver, I now
accept it."
The hanger shall also provide a box for the enrollee to indicate
whether this change applies to this rental transaction only or to all
future rental transactions. The hanger shall also notify the renter
that he or she may make that change, prior to leaving the lot, by
returning the form to an employee designated to receive the form who
is present at the lot where the renter takes possession of the car,
to receive any change in the rental agreement from the renter.
(2) (A) This subdivision is not effective unless the employee
designated pursuant to subparagraph (E) of paragraph (8) of
subdivision (a) is actually present at the required location.
(B) This subdivision does not relieve the rental company from the
disclosures required to be made within the text of a contract or
holder in which the contract is placed; in or on an advertisement
containing a rental rate; or in a telephonic, in-person, or
computer-transmitted quotation or reservation.
(u) The amendments made to this section during the 2001-02 Regular
Session of the Legislature do not affect litigation pending on or
before January 1, 2003, alleging a violation of Section 22325 of the
Business and Professions Code as it read at the time the action was
commenced.
SEC. 29. Section 1993 of the Civil Code is amended to read:
1993. This chapter shall only apply to commercial real property.
As used in this chapter, the following terms have the following
meanings:
(a) "Commercial real property" has the meaning specified in
subdivision (d) of Section 1954.26 and shall not include self-storage
units.
(b) "Landlord" means any operator, keeper, lessor, or sublessor of
any furnished or unfurnished premises for hire, or his or her agent
or successor in interest.
(c) "Owner" means any person other than the landlord who has any
right, title, or interest in property.
(d) "Premises" includes any common areas associated with the
commercial real property.
(e) "Reasonable belief" means the actual knowledge or belief a
prudent person would have without making an investigation, including
an investigation of public records, except that, if the landlord has
specific information indicating that an investigation would more
probably than not reveal pertinent information and the cost of an
investigation would be reasonable in relation to the probable value
of the property involved, "reasonable belief" means the actual
knowledge or belief a prudent person would have if an investigation
were made.
(f) "Tenant" includes any lessee or sublessee of any commercial
real property and its premises for hire.
SEC. 30. Section 1993.02 of the Civil Code is amended to read:
1993.02. (a) This chapter provides an optional procedure for the
disposition of property that remains on the premises after a tenancy
of commercial real property has terminated and the premises have been
vacated by the tenant.
(b) This chapter does not apply if Section 1862.5, 2080.8, or
2080.9, or Article 2 (commencing with Section 2081) of Chapter 4 of
Title 6, apply. This chapter does not apply to property that exists
for the purpose of providing utility services and is owned by a
public utility, whether or not that property is actually in operation
to provide those utility services.
(c) This chapter does not apply to a manufactured home, as defined
in Section 18007 of the Health and Safety Code, a mobilehome, as
defined in Section 18008 of the Health and Safety Code, or a
commercial coach, as defined in Section 18001.8 of the Health and
Safety Code, including any attachments or contents, whether or not
the manufactured home, mobilehome, or commercial coach is subject to
registration under the Health and Safety Code.
(d) This chapter does not apply to the disposition of animals
subject to Chapter 7 (commencing with Section 17001) of Part 1 of
Division 9 of the Food and Agricultural Code.
(e) This chapter does not apply to residential property or
self-storage units.
(f) If the requirements of this chapter are not satisfied, nothing
in this chapter affects the rights and liabilities of the landlord,
former tenant, or any other person.
SEC. 31. Section 1993.03 of the Civil Code is amended to read:
1993.03. (a) If property remains on the premises after a tenancy
has terminated and the premises have been vacated by the tenant, the
landlord shall give written notice to the tenant and to any other
person the landlord reasonably believes to be the owner of the
property.
(b) The notice shall describe the property in a manner reasonably
adequate to permit the owner of the property to identify it. The
notice may describe all or a portion of the property, but the
limitation of liability provided by Section 1993.08 shall not protect
the landlord from any liability arising from the disposition of
property not described in the notice, except that a trunk, valise,
box, safe, vault, or other container that is locked, fastened, or
tied in a manner that deters immediate access to its contents may be
described as such without describing its contents. The notice shall
advise the person to be notified that reasonable costs of storage may
be charged before the property is returned, where the property may
be claimed, and the date before which the claim must be made. The
date specified in the notice shall be a date not less than 15 days
after the notice is personally delivered or, if mailed, not less than
18 days after the notice is deposited in the mail.
(c) The notice shall be personally delivered to the person to be
notified or sent by first-class mail, postage prepaid, to the person
to be notified at his or her last known address and, if there is
reason to believe that the notice sent to that address will not be
received by that person, also to any other address known to the
landlord where the person may reasonably be expected to receive the
notice. If the notice is sent by mail to the former tenant, one copy
shall be sent to the premises vacated by the tenant.
SEC. 32. Section 1993.04 of the Civil Code is amended to read:
1993.04. (a) A notice given to the former tenant that is in
substantially the following form satisfies the requirements of
Section 1993.03:
Notice of Right to Reclaim Abandoned Property
To: _____________________________________________
(Name of former tenant)
______________________________________________
(Address of former tenant)
When you vacated the premises at________________
,
(Address of premises, including room, if any)
the following personal property remained:
_________________________________________________
(Insert description of the personal property)
You may claim this property at___________________
________________________________________________.
(Address where property may be claimed)
Unless you pay the reasonable cost of storage
for all of the above-described property, and
take possession of the property which you claim,
not later than _______ (insert date not less
than 15 days after notice is personally
delivered or, if mailed, not less than 18 days
after notice is deposited in the mail) this
property may be disposed of pursuant to
Section 1993.07 of the Civil Code.
(Insert here the statement required by
subdivision (b) of this section)
Dated:___________
(Signature of landlord)
(Type or print name of
landlord)
(Telephone number of landlord)
(Address of landlord)
(b) The notice set forth in subdivision (a) shall also contain one
of the following statements:
(1) "If you fail to reclaim the property, it will be sold at a
public sale after notice of the sale has been given by publication.
You have the right to bid on the property at this sale. After the
property is sold and the cost of storage, advertising, and sale is
deducted, the remaining money will be paid over to the county. You
may claim the remaining money at any time within one year after the
county receives the money."
(2) "Because you were a commercial tenant and this property is
believed to be worth less than the lesser of seven hundred fifty
dollars ($750), or one dollar ($1) per square foot of the premises
you occupied, it may be kept, sold, or destroyed without further
notice if you fail to reclaim it within the time indicated above."
SEC. 33. Section 1993.05 of the Civil Code is amended to read:
1993.05. A notice in substantially the following form given to a
person (other than the former tenant) the landlord reasonably
believes to be the owner of personal property satisfies the
requirements of Section 1993.03:
Notice of Right to Reclaim Abandoned Property
To: _____________________________________________
(Name of owner)
______________________________________________
(Address of owner)
When_____________________________vacated the
(Name of former tenant)
premises at
,
(Address of premises, including room, if any)
the following personal property remained:
(Insert description of the personal property)
You may claim this property at___________________
________________________________________________.
(Address where property may be claimed)
Unless you pay the reasonable cost of storage
for all of the above-described property, and
take possession of the property that you
claim, not later than _______ (insert date not
less than 15 days after notice is personally
delivered or, if mailed, not less than 18 days
after notice is deposited in the mail) this
property may be disposed of pursuant to Section
1993.07 of the Civil Code.
(Insert here the statement required by
subdivision (b) of this section)
Dated:___________
(Signature of landlord)
(Type or print name of
landlord)
(Telephone number of landlord)
(Address of landlord)
SEC. 34. Section 1993.07 of the Civil Code is amended to read:
1993.07. (a) (1) The property described in the notice that is not
released pursuant to Section 1987 shall be sold at public sale by
competitive bidding except that, if the landlord reasonably believes
that the total resale value of the property is less than the
threshold amount, the landlord may retain the property for his or her
own use or dispose of it in any manner.
(2) For the purposes of this section, "threshold amount" means the
lesser of seven hundred fifty dollars ($750) or one dollar ($1) per
square foot of the premises occupied by the tenant.
(b) (1) Notice of the time and place of the public sale shall be
given by publication pursuant to Section 6066 of the Government Code
in a newspaper of general circulation published in the county where
the sale is to be held.
(2) The last publication shall be not less than five days before
the sale is to be held.
(3) The notice of the sale shall not be published before the last
of the dates specified for taking possession of the property in any
notice given pursuant to Section 1993.03.
(4) The notice of the sale shall describe the property to be sold
in a manner reasonably adequate to permit the owner of the property
to identify it.
(5) The notice may describe all or a portion of the property, but
the limitation of liability provided by Section 1993.08 does not
protect the landlord from any liability arising from the disposition
of property not described in the notice, except that a trunk, valise,
box, safe, vault, or other container that is locked, fastened, or
tied in a manner that deters immediate access to its contents may be
described as such without describing its contents.
(c) (1) After deduction of the costs of storage, advertising, and
sale, any balance of the proceeds of the sale that is not claimed by
the former tenant or an owner other than the tenant shall be paid
into the treasury of the county in which the sale took place not
later than 30 days after the date of sale.
(2) The former tenant or other owner may claim the balance within
one year from the date of payment to the county by making application
to the county treasurer or other official designated by the county.
(3) If the county pays the balance or any part thereof to a
claimant, neither the county nor any officer or employee thereof
shall be liable to any other claimant as to the amount paid.
(d) Nothing in this section precludes a landlord or tenant from
bidding on the property at the public sale.
SEC. 35. Section 1993.08 of the Civil Code is amended to read:
1993.08. (a) Notwithstanding subdivision (c) of Section 1993.02,
if the landlord releases to the former tenant property that remains
on the premises after a tenancy is terminated, the landlord shall not
be liable with respect to that property to any person.
(b) If the landlord releases property pursuant to Section 1987 to
a person, other than the former tenant, who is reasonably believed by
the landlord to be the owner of the property, the landlord shall not
be liable with respect to that property to any of the following
persons:
(1) A person to whom notice was given pursuant to Section 1993.03.
(2) A person to whom notice was not given pursuant to Section
1993.03, unless the person proves that, prior to releasing the
property, the landlord believed or reasonably should have believed
that the person had an interest in the property and also that the
landlord knew or should have known upon reasonable investigation the
address of the person.
(c) If property is disposed of pursuant to Section 1993.07, the
landlord shall not be liable with respect to that property to any of
the following persons:
(1) A person to whom notice was given pursuant to Section 1993.03.
(2) A person to whom notice was not given pursuant to Section
1993.03, unless the person proves that, prior to disposing of the
property pursuant to Section 1993.07, the landlord believed or
reasonably should have believed that the person had an interest in
the property and also that the landlord knew or should have known
upon reasonable investigation the address of the person.
SEC. 36. Section 1993.09 of the Civil Code is amended to read:
1993.09. If a notice of belief of abandonment is given to a
lessee pursuant to Section 1951.3, the notice to the former tenant
given pursuant to Section 1993.03 may be given at the same time as
the notice of belief of abandonment, even though the tenancy is not
terminated until the end of the period specified in the notice of
belief of abandonment. The notices may be combined in one notice that
contains all the information required by the sections under which
the notices are given.
SEC. 37. Section 2782.96 of the Civil Code is amended to read:
2782.96. If an owner, builder, or general contractor obtains a
wrap-up insurance policy or other consolidated insurance program for
a public work as defined in Section 1720 of the Labor Code or any
other project other than residential construction, as that term is
used in Title 7 (commencing with Section 895) of Part 2 of Division
2, that is put out for bid after January 1, 2009, the following shall
apply:
(a) The total amount or method of calculation of any credit or
compensation for premium required from a subcontractor or other
participant for that policy shall be clearly delineated in the bid
documents.
(b) The named insured, to the extent known, shall disclose to the
subcontractor or other participant in the contract documents the
policy limits, known exclusions, and the length of time the policy is
intended to remain in effect. In addition, upon written request,
once available, the named insured shall provide copies of insurance
policies to all those who are covered by the policy. Until such time
as the policies are available, the named insured may also satisfy the
disclosure requirements of this subdivision by providing the
subcontractor or other participant with a copy of the insurance
binder or declaration of coverage. Any party receiving a copy of the
policy, binder, or declaration shall not disclose it to third parties
other than the participant's insurance broker or attorney unless
required to do so by law. The participant's insurance broker or
attorney may not disclose the policy, binder, or declaration to any
third party unless required to do so by law.
(c) The disclosure requirements in subdivisions (a) and (b) do not
apply to an insurance policy purchased by an owner, builder, or
general contractor that provides additional coverage beyond what was
contained in the original wrap-up policy or other consolidated
insurance program if no credit or compensation for premium is
required of the subcontractor for the additional insurance policy.
SEC. 38. Section 416.80 of the Code of Civil Procedure is amended
to read:
416.80. When authorized by Section 12 of the Elections Code, a
summons may be served as provided by that section.
SEC. 39. Section 697.350 of the Code of Civil Procedure is amended
to read:
697.350. (a) Except as otherwise provided by statute, a judgment
lien on real property is a lien for the amount required to satisfy
the money judgment.
(b) A judgment lien on real property created under a money
judgment payable in installments pursuant to Section 116.620 or 582.5
of this code or Section 16380 of the Vehicle Code or under a similar
judgment is in the full amount required to satisfy the judgment, but
the judgment lien may not be enforced for the amount of unmatured
installments unless the court so orders.
(c) A judgment lien created pursuant to Section 697.320 is a
lien for the amount of the installments as they mature under the
terms of the judgment, plus accrued interest and the costs as they
are added to the judgment pursuant to Chapter 5 (commencing with
Section 685.010) of Division 1, and less the amount of any partial
satisfactions, but does not become a lien for any installment until
it becomes due and payable under the terms of the judgment.
SEC. 40. Section 8210 of the Corporations Code is amended to read:
8210. (a) Every corporation shall, within 90 days after the
filing of its original articles and biennially thereafter during the
applicable filing period, file, on a form prescribed by the Secretary
of State, a statement containing: (1) the names and complete
business or residence addresses of its chief executive officer,
secretary, and chief financial officer, (2) the street address of its
principal office in this state, if any, and (3) the mailing address
of the corporation, if different from the street address of its
principal executive office or if the corporation has no principal
office address in this state.
(b) The statement required by subdivision (a) shall also
designate, as the agent of the corporation for the purpose of service
of process, a natural person residing in this state or any domestic
or foreign or foreign business corporation that has complied with
Section 1505 and whose capacity to act as an agent has not
terminated. If a natural person is designated, the statement shall
set forth the person's complete business or residence street address.
If a corporate agent is designated, no address for it shall be set
forth.
(c) For the purposes of this section, the applicable filing period
for a corporation shall be the calendar month during which its
original articles were filed and the immediately preceding five
calendar months. The Secretary of State shall mail a notice for
compliance with this section to each corporation approximately three
months prior to the close of the applicable filing period. The notice
shall state the due date for compliance and shall be mailed to the
last address of the corporation according to the records of the
Secretary of State. Neither the failure of the Secretary of State to
mail the notice nor the failure of the corporation to receive it is
an excuse for failure to comply with this section.
(d) Whenever any of the information required by subdivision (a) is
changed, the corporation may file a current statement containing all
the information required by subdivisions (a) and (b). In order to
change its agent for service of process or the address of the agent,
the corporation must file a current statement containing all the
information required by subdivisions (a) and (b). Whenever any
statement is filed pursuant to this section, it supersedes any
previously filed statement and the statement in the articles as to
the agent for service of process and the address of the agent.
(e) The Secretary of State may destroy or otherwise dispose of any
statement filed pursuant to this section after it has been
superseded by the filing of a new statement.
(f) This section shall not be construed to place any person
dealing with the corporation on notice of, or under any duty to
inquire about, the existence or content of a statement filed pursuant
to this section.
SEC. 41. Section 31155 of the Corporations Code is amended to
read:
31155. Every applicant for registration of an offer to sell
franchises under this law, by other than a California corporation,
California limited partnership, or California limited liability
company, shall file with the commissioner, in such form as he or she
by rule prescribed, an irrevocable consent appointing the
commissioner or his or her successor in office to be his or her
attorney to receive service of any lawful process in any noncriminal
suit, action or proceeding against him or her or his or her
successor, executor or administrator, which arises under this law or
any rule or order hereunder after the consent has been filed, with
the same force and validity as if served personally on the person
filing the consent. A person who has filed such a consent in
connection with a previous registration under this law need not file
another. Service may be made by leaving a copy of the process in the
office of the commissioner but it is not effective unless (a) the
plaintiff, who may be the commissioner in a suit, action, or
proceeding instituted by him or her, forthwith sends notice of the
service and a copy of the process by registered or certified mail to
the defendant or respondent at his or her last address on file with
the commissioner, and (b) the plaintiff's affidavit of compliance
with this section is filed in the case on or before the return day of
the process, if any, or within such further time as the court
allows.
SEC. 42. Section 219 of the Education Code is amended and
renumbered to read:
210.2. "Disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic contained
in the definition of hate crimes set forth in Section 422.55 of the
Penal Code" includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
SEC. 43. Section 8300 of the Education Code is amended to read:
8300. (a) The Early Learning Quality Improvement System Advisory
Committee is hereby established in the state government. The advisory
committee shall consist of 13 members as follows:
(1) The Superintendent of Public Instruction or his or her
designee.
(2) The Secretary for Education or his or her designee.
(3) The President pro Tempore of the Senate or his or her
designee.
(4) The Speaker of the Assembly or his or her designee.
(5) The Director of Finance or his or her designee.
(6) The Director of Social Services or his or her designee.
(7) The Governor shall appoint two representatives.
(8) The Chairperson of the California Children and Families
Commission or his or her designee.
(9) The Senate Committee on Rules shall appoint two
representatives from the early care and education community, one who
is a program administrator of a child development program funded by
the department, and another who is a caregiver for infants and
toddlers.
(10) The Speaker of the Assembly shall appoint two
representatives, one from the early care and education community who
has experience with English learners, and one who is a local
educational agency teacher who teaches kindergarten.
(b) The Superintendent and the Secretary for Education or their
designees shall be cochairpersons of the committee.
(c) The advisory committee shall seek input through the
establishment of subcommittees or other methods from persons with
expertise in the following areas: early learning quality improvement
systems in use nationwide; early care and education, including
representatives from the higher education segments, the Commission on
Teacher Credentialing, and administrators, caregivers, and teachers
from both the public and private sectors; K-12 public school
teachers; English language development, including primary and
secondary language acquisition; education and care of children with
exceptional needs and disabilities; infant and toddler care; consumer
education; parent and guardian engagement; workforce development;
facilities development; technical assistance; and program
accreditation.
SEC. 44. Section 8447 of the Education Code is amended to read:
8447. (a) The Legislature hereby finds and declares that greater
efficiencies may be achieved in the execution of state subsidized
child care and development program contracts with public and private
agencies by the timely approval of contract provisions by the
Department of Finance, the Department of General Services, and the
State Department of Education and by authorizing the State Department
of Education to establish a multiyear application, contract
expenditure, and service review as may be necessary to provide timely
service while preserving audit and oversight functions to protect
the public welfare.
(b) (1) The Department of Finance and the Department of General
Services shall approve or disapprove annual contract funding terms
and conditions, including both family fee schedules and regional
market rate schedules that are required to be adhered to by contract,
and contract face sheets submitted by the State Department of
Education not more than 30 working days from the date of submission,
unless unresolved conflicts remain between the Department of Finance,
the State Department of Education, and the Department of General
Services. The State Department of Education shall resolve conflicts
within an additional 30-working-day time period. Contracts and
funding terms and conditions shall be issued to child care
contractors no later than June 1. Applications for new child care
funding shall be issued not more than 45 working days after the
effective date of authorized new allocations of child care moneys.
(2) Notwithstanding paragraph (1), for the 2008-09 fiscal year,
the State Department of Education shall implement the regional market
rate schedules based upon the county aggregates, as determined by
the Regional Market Survey conducted in 2007.
(3) Notwithstanding paragraph (1), for the 2006-07 fiscal year,
the State Department of Education shall update the family fee
schedules by family size, based on the 2005 state median income
survey data for a family of four. The family fee schedule used during
the 2005-06 fiscal year shall remain in effect. However, the
department shall adjust the family fee schedule for families that are
newly eligible to receive or will continue to receive services under
the new income eligibility limits. The family fees shall not exceed
10 percent of the family's monthly income.
(4) It is the intent of the Legislature to fully fund the third
stage of child care for former CalWORKs recipients.
(c) With respect to subdivision (b), it is the intent of the
Legislature that the Department of Finance annually review contract
funding terms and conditions for the primary purpose of ensuring
consistency between child care contracts and the child care budget.
This review shall include evaluating any proposed changes to contract
language or other fiscal documents to which the contractor is
required to adhere, including those changes to terms or conditions
that authorize higher reimbursement rates, modify related adjustment
factors, modify administrative or other service allowances, or
diminish fee revenues otherwise available for services, to determine
if the change is necessary or has the potential effect of reducing
the number of full-time equivalent children that may be served.
(d) Alternative payment child care systems, as set forth in
Article 3 (commencing with Section 8220), shall be subject to the
rates established in the Regional Market Rate Survey of California
Child Care Providers for provider payments. The State Department of
Education shall contract to conduct and complete a Regional Market
Rate Survey no more frequently than once every two years, consistent
with federal regulations, with a goal of completion by March 1.
(e) By March 1 of each year, the Department of Finance shall
provide to the State Department of Education the state median income
amount for a four-person household in California based on the best
available data. The State Department of Education shall adjust its
fee schedule for child care providers to reflect this updated state
median income.
(f) Notwithstanding the June 1 date specified in subdivision (b),
changes to the regional market rate schedules and fee schedules may
be made at any other time to reflect the availability of accurate
data necessary for their completion, provided that these documents
receive the approval of the Department of Finance. The Department of
Finance shall review the changes within 30 working days of submission
and the State Department of Education shall resolve conflicts within
an additional 30-working-day period. Contractors shall be given
adequate notice prior to the effective date of the approved
schedules. It is the intent of the Legislature that contracts for
services not be delayed by the timing of the availability of accurate
data needed to update these schedules.
(g) Notwithstanding any other provision of law, no family
receiving CalWORKs cash aid may be charged a family fee.
SEC. 45. Section 8483.7 of the Education Code is amended to read:
8483.7. (a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year direct
grant, that shall be awarded in three one-year increments and is
subject to semiannual attendance reporting and requirements as
described in Section 8482.3 once every three years.
(i) The department shall provide technical support for development
of a program improvement plan for grantees under the following
conditions:
(I) If actual pupil attendance falls below 75 percent of the
target attendance level in any year of the grant.
(II) If the grantee fails, in any year of the grant, to
demonstrate measurable outcomes pursuant to Section 8484.
(ii) The department shall adjust the grant level of any school
within the program that is under its targeted attendance level by
more than 15 percent in each of two consecutive years.
(iii) In any year after the initial grant year, if the actual
attendance level of a school within the program falls below 75
percent of the target attendance level, the department shall perform
a review of the program and adjust the grant level as the department
deems appropriate.
(iv) The department shall create a process to allow a grantee to
voluntarily lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of the
second year of the grant.
(v) A grantee who has had its grant amount reduced may
subsequently request an increase in funding up to the maximum grant
amounts provided under this subdivision.
(vi) The department may terminate the grant of any site or program
that does not comply with fiscal reporting, attendance reporting, or
outcomes reporting requirements established by the department and
pursuant to Section 8484. The department may withhold the grant
allocation for a program or site if the prior grant year's fiscal or
attendance reporting remains outstanding, until the reports have been
filed with the department.
(vii) Notwithstanding any other provision of this subdivision or
any other provision of law, after the technical assistance required
under clause (i) has been provided, the department may at any time
terminate the grant of any school in a program that fails for three
consecutive years to meet either of the following requirements:
(I) Demonstrate measurable program outcomes pursuant to Section
8484.
(II) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.
(B) Direct grants may be awarded to applicants that have
demonstrated readiness to begin operation of a program or to expand
existing programs.
(C) The maximum total direct grant amount awarded annually
pursuant to this paragraph shall be one hundred twelve thousand five
hundred dollars ($112,500) for each regular school year for each
elementary school and one hundred fifty thousand dollars ($150,000)
for each regular school year for each middle or junior high school.
The Superintendent shall determine the total annual direct grant
amount for which a site is eligible based on a formula of seven
dollars and fifty cents ($7.50) per pupil per day of pupil attendance
that the program plans to serve, with a maximum total grant of
thirty-seven dollars and fifty cents ($37.50) per projected pupil per
week, and a formula of seven dollars and fifty cents ($7.50) per
projected pupil per day of staff development, with a maximum of three
staff development days per year. A program may provide the three
days of staff development during regular program hours using funds
from the total grant award.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 600.
(B) For middle schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 900.
(3) The maximum total grant amounts set forth in subparagraph (C)
of paragraph (1) may be increased from any funds made available for
this purpose in the annual Budget Act for participating schools that
have pupils on waiting lists for the program. Grants may be increased
by the lesser of an amount that is either 25 percent of the current
maximum total grant amount or equal to the proportion of pupils
unserved by the program as measured by documented waiting lists as of
January 1 of the previous grant year, compared to the actual after
school enrollment on the same date. The amount of the required cash
or in-kind matching funds shall be increased accordingly. First
priority for an increased maximum grant pursuant to this paragraph
shall be given to schools that qualify for funding pursuant to
subdivision (b) of Section 8482.55. Second priority shall be given to
schools that receive funding priority pursuant to subdivision (f) of
Section 8482.55.
(4) A school that establishes a program pursuant to this section
is eligible to receive a supplemental grant to operate the program in
excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods for a maximum of the lesser
of the following amounts:
(A) Seven dollars and fifty cents ($7.50) per day per pupil.
(B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to subparagraph (C) of paragraph (1).
(5) Each program shall provide an amount of cash or in-kind local
funds equal to not less than one-third of the total grant from the
school district, governmental agencies, community organizations, or
the private sector. Facilities or space usage may fulfill not more
than 25 percent of the required local contribution.
(6) (A) A grantee may allocate, with departmental approval, up to
125 percent of the maximum total grant amount for an individual
school, so long as the maximum total grant amount for all school
programs administered by the program grantee is not exceeded.
(B) A program grantee that transfers funds for purposes of
administering a program pursuant to subparagraph (A) shall have an
established waiting list for enrollment, and may transfer only from
another school program that has met a minimum of 70 percent of its
attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
after school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
(e) The department may adjust the amount of a direct grant,
awarded to a new applicant pursuant to this section, on the basis of
the program start date, as determined by the department.
SEC. 46. Section 10802 of the Education Code is amended to read:
10802. The department shall establish a process by which local
educational agencies issue, maintain, and report information using
the unique statewide pupil identifiers specified in paragraph (3) of
subdivision (e) of Section 60900 for state and federally funded
center-based child care and development programs under their purview.
The department shall not require these center-based child care and
development programs to implement or maintain unique pupil
identifiers specified in paragraph (3) of subdivision (e) of Section
60900 until an appropriation for this purpose is provided in the
annual Budget Act or another statute.
SEC. 47. Section 17078.57 of the Education Code is amended to
read:
17078.57. (a) The authority, in consultation with the board,
shall adopt regulations establishing uniform terms and conditions
that shall apply equally to all projects for funding in accordance
with Section 17078.58, including, but not limited to, all of the
following:
(1) The process for determining the manner in which the applicant
will pay its local matching share, including the method for
determining lease payments to be made in lieu of the local matching
share. The regulations shall comply with all of the following
criteria:
(A) The payment process set forth in Section 17199.4 may be used.
(B) The payment process shall permit lump-sum local matching
payments and shall permit establishment of a schedule for lease
payments to be made in lieu of the local matching share.
(C) The lease payment schedule shall be calculated by amortizing
one-half of the total approved project costs, minus lump-sum
payments, over the entire payment period as set forth in Section
17078.58.
(D) The payment schedule for payments in lieu of the local
matching funds pursuant to this section shall be based upon payment,
within a reasonable period of time not to exceed a 30-year period, of
one-half of the total eligible project costs, and shall be
calculated in a manner that is designed to result in full payment of
that portion, together with interest thereon at a rate set by the
authority. The interest rate shall be set using the lower of the
following:
(i) The rate paid on moneys in the Pooled Money Investment
Account as of the date of disbursement of the funding.
(ii) A rate equal to 50 percent of the interest rate paid by the
state on the most recent sale of state general obligation bonds, and
the interest rate shall be computed according to the true interest
cost method.
(E) Notwithstanding subparagraph (D), the authority shall not set
the interest rate on a loan at a rate lower than 2 percent. Program
participants that have locked in an interest rate before January 1,
2009, may reset their payment schedule based on the interest rate set
pursuant to subparagraph (D) as of January 1, 2009. Program
participants executing an agreement on and after January 1, 2009,
shall have their interest rate set at the time the funding agreement
is executed and shall not renegotiate interest rates without prior
approval of the authority.
(2) The method for determining whether a charter school is
financially sound. In the case of a charter school chartered by a
school district that is located outside of the school district that
chartered it, the method developed by the authority shall include,
but shall not be limited to, a site visit to the school facility
currently being used by the charter school during hours when pupils
are present and instruction is being provided.
(3) (A) Security provisions, including, but not limited to, the
requirement that title to project facilities be held by the school
district in which the facility is to be physically located, in trust,
for the benefit of the state public school system.
(B) The authority shall adopt a mechanism whereby a person or
entity that provides a substantial contribution that is applied to
the costs of the project in excess of the state share and the local
matching share may be granted a security interest to be satisfied
from the proceeds, if any, realized when the property is ultimately
disposed of as set forth in paragraph (5) of subdivision (b) of
Section 17078.62.
(4) The method for integrating funding pursuant to this article
with the general procedures of the authority pursuant to subdivision
(i) of Section 17180 for otherwise funding projects eligible for
funding under this chapter, if appropriate.
(b) The authority may adopt, amend, or repeal rules and
regulations pursuant to this chapter as emergency regulations. The
adoption, amendment, or repeal of these regulations is conclusively
presumed to be necessary for the immediate preservation of the public
peace, health, safety, or general welfare within the meaning of
Section 11346.1 of the Government Code.
SEC. 48. Section 17282.5 of the Education Code is amended to read:
17282.5. (a) On or before January 1, 2010, the Division of the
State Architect within the Department of General Services shall
develop uniform criteria for precheck approval processes for solar
design plans, including structural plans and calculations, for a
school facility that comply with rules and regulations adopted
pursuant to this article and building standards published in Title 24
of the California Code of Regulations. The criteria shall include
provisions to ensure fire and life safety.
(b) The Department of General Services shall complete the review
of a solar design plan application submitted by a school district
that conforms with the criteria established pursuant to subdivision
(a) within 45 calendar days of the receipt of a complete application.
If the Department of General Services requests an applicant to
submit a corrected application, the Department of General Services
shall act on the corrected application within 10 calendar days of the
date the applicant submits the corrected complete application to
that department for approval.
SEC. 48.5. Section 35294.1 of the Education Code, as added by
Section 3 of Chapter 82 of the Statutes of 1989, is repealed.
SEC. 49. Section 35400 of the Education Code is amended to read:
35400. (a) The Los Angeles Unified School District's Inspector
General of the Office of the Inspector General is authorized to
conduct audits and investigations. The inspector general may subpoena
witnesses, administer oaths or affirmations, take testimony, and
compel the production of all information, documents, reports,
answers, records, accounts, papers, and other data and documentary
evidence deemed material and relevant and that reasonably
relate to the inquiry or
investigation undertaken by the inspector general when he or she has
a reasonable suspicion that a law, regulation, rule, or district
policy has been violated or is being violated. For purposes of this
section, "reasonable suspicion" means that the circumstances known or
apparent to the inspector general include specific and articulable
facts causing him or her to suspect that a material violation of law,
regulation, rule, or district policy has occurred or is occurring,
and that the facts would cause a reasonable officer in a like
position to suspect that a material violation of a law, regulation,
rule, or district bulletin has occurred or is occurring.
(b) Subpoenas shall be served in the manner provided by law for
service of summons. Any subpoena issued pursuant to this section may
be subject to challenge pursuant to Chapter 2 (commencing with
Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.
(c) For purposes of this section, Sections 11184, 11185, 11186,
11187, 11188, 11189, 11190, and 11191 of the Government Code shall
apply to the subpoenaing of witnesses and documents, reports,
answers, records, accounts, papers, and other data and documentary
evidence as if the investigation was being conducted by a state
department head, except that the applicable court for resolving
motions to compel or motions to quash shall be the Superior Court for
the County of Los Angeles.
(d) Notwithstanding any other provision of the law, any person
who, after the administration of an oath or affirmation pursuant to
this section, states or affirms as true any material matter that he
or she knows to be false is guilty of a misdemeanor punishable by
imprisonment in a county jail not to exceed six months or by a fine
not to exceed five thousand dollars ($5,000), or by both that fine
and imprisonment for the first offense. Any subsequent violation
shall be punishable by imprisonment in a county jail not to exceed
one year or by a fine not to exceed ten thousand dollars ($10,000),
or by both that fine and imprisonment.
(e) The inspector general shall submit an interim report to the
Legislature by July 1, 2000, annual interim reports by July 1 of each
succeeding year, and a final cumulative report by December 1, 2014,
on all of the following:
(1) The use and effectiveness of the subpoena power authorized by
this section in the successful completion of the inspector general's
duties.
(2) Any use of the subpoena power in which the issued subpoena was
quashed, including the basis for the court's order.
(3) Any referral to the local district attorney or the Attorney
General where the district attorney or Attorney General declined to
investigate the matter further or declined to prosecute.
(f) This article shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 50. Chapter 5 (commencing with Section 35900) of Part 21 of
Division 3 of Title 2 of the Education Code is repealed.
SEC. 51. Section 41003.3 of the Education Code is amended to read:
41003.3. (a) Consistent with the provisions of Article 4
(commencing with Section 17455) of Chapter 4 of Part 10.5 of Division
1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive, the
Dixon Unified School District may sell surplus real property
previously used as the school farm on Sievers Road, located five
miles outside of the city and which is not feasible for future school
construction, together with any personal property located thereon,
purchased entirely with local funds. The proceeds of the sale shall
be deposited into the general fund of the school district in order to
reestablish a 3-percent reserve. The remainder of the proceeds from
the sale of the property that are not utilized to reestablish the
3-percent reserve shall be deposited into the capital outlay fund of
the school district.
(b) In order to expend funds pursuant to subdivision (a), the
district shall meet all of the following conditions:
(1) The district shall not be eligible for new construction
funding for 10 years from the date that funds are deposited into the
general fund of the school district pursuant to subdivision (a),
except that the district may apply for new construction funds if both
of the following conditions are met:
(A) At least five years have elapsed since the date upon which the
sale was executed pursuant to subdivision (a).
(B) The State Allocation Board determines that the district has
demonstrated enrollment growth or a need for additional sites or
building construction that the district could not have easily
anticipated at the time the sale was executed pursuant to subdivision
(a).
(2) The governing board of the district shall complete a
governance training program focusing on fiscal management provided by
the County Office Fiscal Crisis and Management Assistance Team
(FCMAT).
(3) Any remaining funds from the sale of the property shall be
exhausted for capital outlay purposes prior to any request for
modernization funding.
(4) Notwithstanding any other provision of law, the Dixon Unified
School District, from July 1, 2008, to June 30, 2010, inclusive,
shall not be eligible to receive financial hardship assistance
pursuant to Article 8 (commencing with Section 17075.10) of Chapter
12.5 of Part 10 of Division 1 of Title 1.
(5) The district shall not be eligible to receive hardship funding
from the State School Deferred Maintenance Fund pursuant to Section
17587 until all remaining funds from the sale of the property
identified in, and pursuant to, subdivision (a) are exhausted for
deferred maintenance or capital outlay purposes.
(6) The governing board of the district shall certify all of the
following to the State Allocation Board:
(A) The district has no major deferred maintenance requirements
that cannot be completed with existing capital outlay resources.
(B) The sale of the real property pursuant to this section does
not violate any provisions of a local general obligation bond act.
(C) The real property sold pursuant to this section is not
suitable to meet any projected school construction need for the next
10 years.
(7) Before exercising the authority granted by this section, the
governing board of the district, at a regularly scheduled meeting of
that board, shall present a plan for expending one-time resources
pursuant to this section. The plan shall identify the source and use
of the funds, and describe how the proposed use of funds, in
combination with budget reductions, will address the district's
deficit spending and restore the ongoing fiscal solvency of the
district.
(8) No later than 10 years after the date of the sale of surplus
property pursuant to subdivision (a), the district shall deposit into
its capital outlay fund an amount equal to the amount of the
proceeds from the sale of the property that is deposited into the
district's general fund as needed to establish the 3-percent reserve
in accordance with subdivision (a).
(c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 52. Section 42133.5 of the Education Code is amended to read:
42133.5. Regardless of the certification of the budgetary status
of a school district or county office of education under subdivision
( l ) of Section 1240 or Section 42131, the proceeds
obtained by a school district from the sources listed in subdivisions
(a) to (d), inclusive, shall not be used for general operating
purposes of the school district.
(a) The sale of a saleback or leaseback agreement, or interests in
the agreement.
(b) A debt instrument payable from payments under a saleback or
leaseback agreement.
(c) Certificates of participation.
(d) Other debt instruments that meet both of the following
criteria:
(A) They are secured by real property.
(B) They do not require the approval of the voters of the school
district.
SEC. 53. Section 42238 of the Education Code is amended to read:
42238. (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for a fiscal year shall be determined
by adding to the base revenue limit for the prior fiscal year the
following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount received per unit of
average daily attendance in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(6) For the 2004-05 fiscal year, the equalization adjustment
specified in Section 42238.44.
(7) For the 2006-07 fiscal year, the equalization adjustment
specified in Section 42238.48.
(c) Except for districts subject to subdivision (d), the base
revenue limit computed pursuant to subdivision (b) shall be
multiplied by the district average daily attendance computed pursuant
to Section 42238.5.
(d) (1) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is greater
for the current fiscal year than for the 1982-83 fiscal year, compute
the following amount, in lieu of the amount computed pursuant to
subdivision (c):
(A) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed pursuant to
Section 42238.5 for the 1982-83 fiscal year.
(B) Multiply the lesser of the amount in subdivision (c) or 1.05
times the statewide average base revenue limit per unit of average
daily attendance for districts of similar type for the current fiscal
year by the difference between the average daily attendance computed
pursuant to Section 42238.5 for the current and 1982-83 fiscal
years.
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (2) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(f) For the 1984-85 fiscal year only, the county superintendent
shall reduce the total revenue limit computed in this section by the
amount of the decreased employer contributions to the Public
Employees' Retirement System resulting from enactment of Chapter 330
of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
(g) The reduction required by subdivision (f) shall be calculated
as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately prior to the enactment of Chapter 330 of the Statutes of
1982 was in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 was in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for either of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by any single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent with the approval of the Director
of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent.
(h) The Superintendent shall apportion to each school district the
amount determined in this section less the sum of all of the
following:
(1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 70) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of the Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), except for any amount received
pursuant to Section 33401 or 33676 of the Health and Safety Code that
is used for land acquisition, facility construction, reconstruction,
or remodeling, or deferred maintenance, and except for any amount
received pursuant to Section 33492.15 of, paragraph (4) of
subdivision (a) of Section 33607.5 of, or Section 33607.7 of the
Health and Safety Code that is allocated exclusively for educational
facilities.
(7) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the department pursuant to Section 47633, multiplied by the
average daily attendance, in corresponding grade level ranges, of any
pupils who attend charter schools funded pursuant to Chapter 6
(commencing with Section 47630) of Part 26.8 of Division 4 for which
the district is the sponsoring local educational agency, as defined
in Section 47632, and who reside in and would otherwise have been
eligible to attend a noncharter school of the district.
(i) A transfer of seventh and eighth grade pupils between an
elementary school district and a high school district shall not
result in the receiving district receiving a revenue limit
apportionment for those pupils that exceeds 105 percent of the
statewide average revenue limit for the type and size of the
receiving school district.
SEC. 54. Section 48646 of the Education Code is amended to read:
48646. (a) The Legislature encourages each county superintendent
of schools or governing board of a school district, as determined by
the county board of education pursuant to subdivision (b) of Section
48645.2, and the county chief probation officer to enter into a
memorandum of understanding or equivalent mutual agreement to support
a collaborative process for meeting the needs of wards of the court
who are receiving their education in juvenile court schools. The
memorandum of understanding or equivalent mutual agreement may
include, but is not limited to, a process for communication,
decisionmaking, mutually established goals, and conflict resolution.
The purpose of this memorandum of understanding or equivalent mutual
agreement is to develop a collaborative model that will foster an
educational and residential environment that nurtures the whole child
and consistently supports services that will meet the educational
needs of the pupils.
(b) A memorandum of understanding or equivalent mutual agreement
on providing educational and related services for juvenile court
school pupils developed in accordance with this section may include,
but is not limited to, the following provisions:
(1) Mutually developed goals and objectives that are reviewed
annually, including, but not limited to, the following:
(A) Building resiliency and strengthening life skills.
(B) Fostering prosocial attitudes and behaviors.
(C) Assigning pupils to appropriate classrooms based on their
educational needs.
(D) Ensuring regular classroom attendance.
(E) Providing clean, safe, and appropriate educational facilities.
(F) Improving academic achievement and vocational preparation.
(2) Clear delineation of responsibilities among the educational
and residential or custodial service providers.
(3) A process for communicating, collaborating, and resolving
conflicts. Whenever possible, resolution of issues shall be reached
by consensus through a collaborative process that would promote
decisionmaking at the site where services are delivered. A working
group charged with this responsibility may be appointed by the county
superintendent of schools, or the superintendent of the school
district with responsibility for providing juvenile court school
services, and the county chief probation officer, or their designees.
The working group is responsible for establishing and maintaining
open communication, collaboration, and resolution of issues that
arise.
(4) A clearly identified mechanism for resolving conflicts.
(5) A joint process for performing an intake evaluation for each
ward to determine educational needs and ability to participate in all
educational settings once the ward enters the local juvenile
facility. The process shall recognize the limitations on academic
evaluation and planning that can result from short-term placements.
The evaluation team shall include staff from the responsible
educational agency and the county probation department, and may
include other participants as appropriate, and as mutually agreed
upon by the education and probation members of the team. The
evaluation process specified in the memorandum of understanding or
equivalent mutual agreement may:
(A) Include a timeline for evaluation once a ward is assigned to a
local facility.
(B) Result in an educational plan for a ward while assigned to a
local juvenile facility that is integrated with other rehabilitative
and behavioral management programs, and that supports the educational
needs of the pupil.
It is the intent that this shared information about each ward
placed in a juvenile court school shall assist both the county
superintendent of schools and the county chief probation officer in
meeting the needs of wards in their care and promoting a system of
comprehensive services.
(c) The memorandum of understanding or equivalent mutual agreement
shall not cede responsibility or authority prescribed by statute or
regulation from one party to another party unless mutually agreed
upon by both parties.
SEC. 55. Section 51241 of the Education Code, as amended by
Section 3 of Chapter 720 of the Statutes of 2007, is amended to read:
51241. (a) The governing board of a school district or the office
of the county superintendent of schools of a county may grant a
temporary exemption to a pupil from courses in physical education, if
the pupil is one of the following:
(1) Ill or injured and a modified program to meet the needs of the
pupil cannot be provided.
(2) Enrolled for one-half, or less, of the work normally required
of full-time pupils.
(b) (1) The governing board of a school district or the office of
the county superintendent of schools of a county, with the consent of
a pupil, may grant a pupil an exemption from courses in physical
education for two years anytime during grades 10 to 12, inclusive, if
the pupil has met satisfactorily any five of the six standards of
the physical performance test administered in grade 9 pursuant to
Section 60800.
(2) Pursuant to Sections 51210, 51220, and 51222, physical
education is required to be offered to all pupils, and, therefore,
schools are required to provide adequate facilities and instructional
resources for that instruction. In this regard, paragraph (1) shall
be implemented in a manner that does not create a new program or
impose a higher level of service on a local educational agency.
Paragraph (1) does not mandate any overall increase in staffing or
instructional time because, pursuant to subdivision (d), pupils are
not permitted to attend fewer total hours of class if they do not
enroll in physical education. Paragraph (1) does not mandate any new
costs because any additional physical education instruction that a
local educational agency provides may be accomplished during the
existing instructional day, with existing facilities. Paragraph (1)
does not prevent a local educational agency from implementing any
other temporary or permanent exemption authorized by this section.
(c) The governing board of a school district or the office of the
county superintendent of a county may grant permanent exemption from
courses in physical education if the pupil complies with any one of
the following:
(1) Is 16 years of age or older and has been enrolled in grade 10
for one academic year or longer.
(2) Is enrolled as a postgraduate pupil.
(3) Is enrolled in a juvenile home, ranch, camp, or forestry camp
school where pupils are scheduled for recreation and exercise
pursuant to the requirements of Article 24 (commencing with Section
880) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code.
(d) A pupil exempted under paragraph (1) of subdivision (b) or
paragraph (1) of subdivision (c) shall not attend fewer total hours
of courses and classes if he or she elects not to enroll in a
physical education course than he or she would have attended if he or
she had elected to enroll in a physical education course.
(e) Notwithstanding any other law, the governing board of a school
district also may administer to pupils in grades 10 to 12,
inclusive, the physical performance test required in grade 9 pursuant
to Section 60800. A pupil who meets satisfactorily any five of the
six standards of this physical performance test in any of grades 10
to 12, inclusive, is eligible for an exemption pursuant to
subdivision (b).
SEC. 56. Section 51241 of the Education Code, as amended by
Section 1 of Chapter 32 of the Statutes of 2008, is amended to read:
51241. (a) The governing board of a school district or the office
of the county superintendent of schools of a county may grant a
temporary exemption to a pupil from courses in physical education, if
the pupil is one of the following:
(1) Ill or injured and a modified program to meet the needs of the
pupil cannot be provided.
(2) Enrolled for one-half, or less, of the work normally required
of full-time pupils.
(b) (1) The governing board of a school district or the office of
the county superintendent of schools of a county, with the consent of
a pupil, may grant a pupil an exemption from courses in physical
education for two years anytime during grades 10 to 12, inclusive, if
the pupil has met satisfactorily at least five of the six standards
of the physical performance test administered in grade 9 pursuant to
Section 60800.
(2) Pursuant to Sections 51210, 51220, and 51222, physical
education is required to be offered to all pupils, and, therefore,
schools are required to provide adequate facilities and instructional
resources for that instruction. In this regard, paragraph (1) shall
be implemented in a manner that does not create a new program or
impose a higher level of service on a local educational agency.
Paragraph (1) does not mandate any overall increase in staffing or
instructional time because, pursuant to subdivision (d), pupils are
not permitted to attend fewer total hours of class if they do not
enroll in physical education. Paragraph (1) does not mandate any new
costs because any additional physical education instruction that a
local educational agency provides may be accomplished during the
existing instructional day, with existing facilities. Paragraph (1)
does not prevent a local educational agency from implementing any
other temporary or permanent exemption authorized by this section.
(c) The governing board of a school district or the office of the
county superintendent of a county may grant permanent exemption from
courses in physical education if the pupil complies with any one of
the following:
(1) Is 16 years of age or older and has been enrolled in grade 10
for one academic year or longer.
(2) Is enrolled as a postgraduate pupil.
(3) Is enrolled in a juvenile home, ranch, camp, or forestry camp
school where pupils are scheduled for recreation and exercise
pursuant to the requirements of Article 24 (commencing with Section
880) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code.
(d) A pupil exempted under paragraph (1) of subdivision (b) or
paragraph (1) of subdivision (c) shall not attend fewer total hours
of courses and classes if he or she elects not to enroll in a
physical education course than he or she would have attended if he or
she had elected to enroll in a physical education course.
(e) Notwithstanding any other law, the governing board of a school
district also may administer to pupils in grades 10 to 12,
inclusive, the physical performance test required in grade 9 pursuant
to Section 60800. A pupil who meets satisfactorily at least five of
the six standards of this physical performance test in any of grades
10 to 12, inclusive, is eligible for an exemption pursuant to
subdivision (b).
SEC. 57. Section 52055.650 of the Education Code is amended to
read:
52055.650. (a) Section 52055.5 does not apply to a school
participating in the High Priority Schools Grant Program.
(b) Twenty-four months after receipt of funding for implementation
of the action plan pursuant to Sections 52054.5 and 52055.600, a
school that has not met its growth targets each year shall be subject
to review by the state board. This review shall include an
examination of the school's progress relative to the components and
reports made pursuant to Section 52055.640. The
Superintendent, with the approval of
the state board, may direct that the governing board of a school
district take appropriate action and adopt appropriate strategies to
provide corrective assistance to the school in order to achieve the
components and benchmarks established in the school's action plan.
(c) Thirty-six months after receipt of funding to implement a
school action plan, a school that has met or exceeded its growth
target each year shall receive a monetary or nonmonetary award, under
the Governor's Performance Award Program, as set forth in Section
52057. Funds received pursuant to that section may be used at the
school's discretion.
(d) Notwithstanding subdivisions (e) and (f), 36 months after the
receipt of funding to implement a school action plan, all schools
that are not subject to state monitoring are eligible for a fourth
year of the funding specified in Section 52055.600.
(e) (1) Thirty-six months after receipt of funding pursuant to
Section 52053 or 52055.600, and anytime thereafter, a school for
which the most recent base Academic Performance Index (API) places
the school in decile 6, 7, 8, 9, or 10 shall exit the grant program.
(2) Thirty-six months after receipt of implementation funding for
the federal Comprehensive School Reform Program (20 U.S.C. Sec. 6511
et seq.), and anytime thereafter, a school receiving funding pursuant
to Section 52053 or 52055.600 in the 2005-06 fiscal year for which
the most recent base API places the school in decile 6, 7, 8, 9, or
10 shall exit the grant program.
(f) (1) A school that achieves positive growth in each year of the
last three years of program implementation and achieves growth
targets in two of those years shall exit the grant program.
(2) A school that receives implementation funding for the federal
program beginning in the 2004-05 fiscal year and subsequently
receives funding pursuant to subdivision (c) of Section 52055.600 in
the 2006-07 fiscal year shall exit the grant program if it achieves
positive growth in each year of the last three years of program
implementation and achieves growth targets in two of those years.
(g) For schools receiving implementation funding pursuant to
Section 52055.600, 36 months after receipt of initial funding for
either the federal program or the grant program, a school that has
not met its growth targets but has shown significant growth as
determined by the state board, shall continue to be monitored by the
Superintendent until it exits the grant program pursuant to
subdivision (e) or (f) or is deemed state monitored pursuant to
subdivision (h).
(h) Thirty-six months after receipt of initial implementation
funding for the grant program or the federal program, a school that
receives funding pursuant to Section 52055.600, does not meet its
growth targets within the periods described in subdivision (c), and
has failed to show significant growth, as determined by the state
board, shall be deemed a state-monitored school, and, notwithstanding
any other law, the Superintendent, with the approval of the state
board, shall follow the course of action prescribed by paragraph (1)
or (2) with respect to that school.
(1) Notwithstanding any other law, the Superintendent, with the
approval of the state board, shall require the district to enter into
a contract with a school assistance and intervention team no later
than 30 days after the public release of the school's growth in API
results or the next regularly scheduled meeting of the state board
following the expiration of the 30 days, if meeting the 30-day time
limit would not provide the state board with sufficient time to
comply with the requirements of the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Division 3
of Title 2 of the Government Code). With the approval of the state
board, the governing board of the school district may retain its
legal rights, duties, and responsibilities with respect to that
school.
(A) Team members should possess a high degree of knowledge and
skills in the areas of school leadership, curriculum, and instruction
aligned to state academic content and performance standards,
classroom management and discipline, academic assessment,
parent-school relations, and evaluation- and research-based reform
strategies, and have proven successful expertise specific to the
challenges inherent in high-priority schools.
(B) The team shall provide intensive support and expertise to
implement the school reform initiatives in the plan. Decisions about
interventions shall be data driven. A school assistance and
intervention team shall work with school staff, site planning teams,
administrators, and district staff to improve pupil literacy and
achievement by assessing the degree of implementation of the current
action plan, refining and revising the action plan, and making
recommendations to maximize the use of fiscal resources and personnel
in achieving the goals of the plan. The district shall provide
support and assistance to enhance the work of the team at the
targeted schoolsites.
(C) (i) Not later than 60 days after the assignment of the school
assistance and intervention team, the team shall complete an initial
report. The report shall include recommendations for corrective
actions chosen from a range of interventions, including the
reallocation of school district fiscal resources to ensure that
appropriate resources are targeted to those specific interventions
identified in the recommendations of the team for the targeted
schools and other changes deemed appropriate to make progress toward
meeting the school's growth target.
(ii) Not later than 90 days after the assignment of the school
assistance and intervention team, the governing board of the school
district shall adopt the team's recommendations at a regularly
scheduled meeting of the governing board. Any subsequent
recommendations proposed by the school assistance and intervention
team shall be submitted to the governing board and shall be adopted
by the governing board within 30 days of the submission. The
governing board may not place the adoption on the consent calendar.
(iii) The report shall be submitted to the Superintendent and the
state board.
(D) Following the governing board's adoption of the
recommendations, the governing board may submit an appeal to the
Superintendent for relief from one or more of the recommendations.
The Superintendent, with approval of the state board, may grant
relief from compliance with any of the school assistance and
intervention team recommendations.
(E) If a school assistance and intervention team does not fulfill
its legal obligations under this section or Section 52055.51, the
governing board of the school district may seek permission from the
Superintendent, with the approval of the state board, to contract
with a different school assistance and intervention team. Upon
finding that the school assistance and intervention team has not
fulfilled its legal obligations under this section, the
Superintendent, with the approval of the state board, may remove the
school assistance and intervention team from the state list of
eligible providers.
(F) A school assistance and intervention team assigned to a school
pursuant to Section 52055.51 or this section may seek permission
from the Superintendent, with the approval of the state board, to
terminate its contract with a state-monitored school if the school is
failing to implement the recommendations listed in the report of
findings and corrective actions. The Superintendent, with approval of
the state board, may grant permission to the school assistance and
intervention team to terminate its contract with the state-monitored
school if the Superintendent determines that the school is not
implementing the identified corrective actions.
(G) No fewer than three times during the year, the school district
and schoolsite shall present the team with data regarding progress
toward the goals established by the team's initial assessment. The
data shall be presented to the governing board of the school district
at a regularly scheduled meeting. The team, to the extent possible,
shall utilize existing site data. The data also shall be provided to
the Superintendent and the state board. Every effort shall be made to
report this data in a manner that minimizes the length and
complexity of the reporting requirement in order to maximize the
focus on improving pupil literacy and achievement.
(H) An action taken pursuant to this paragraph shall not increase
local costs or require reimbursement by the Commission on State
Mandates.
(2) The Superintendent shall assume all the legal rights, duties,
and powers of the governing board with respect to the school. The
Superintendent, in consultation with the state board and the
governing board of the school district, shall reassign the principal
of that school subject to the findings in paragraph (2) of
subdivision (q). In addition to reassigning the principal, the
Superintendent, in consultation with the state board, and
notwithstanding any other provision of law, shall do at least one of
the following:
(A) Revise attendance options for pupils to allow them to attend
any public school in which space is available. If an additional
attendance option is made available, this option may not require
either the sending or receiving school district to incur additional
transportation costs.
(B) Allow parents or guardians to apply directly to the state
board for the establishment of a charter school and allow parents or
guardians to establish the charter school at the existing schoolsite.
(C) Under the supervision of the Superintendent, assign the
management of the school to a college, university, county office of
education, or other appropriate educational institution. The entity
chosen to assume management of the school shall possess the
qualifications specified in subparagraph (A) of paragraph (1). The
involvement of the school district during the sanctions process shall
be established by contract. The costs of the entity to manage the
school shall be established by contract and shall be paid by the
school district. However, the Superintendent may not assume the
management of the school.
(D) Reassign other certificated employees of the school.
(E) Renegotiate a new collective bargaining agreement at the
expiration of the existing collective bargaining agreement.
(F) Reorganize the school.
(G) Close the school.
(H) Place a trustee at the school, for a period not to exceed
three years, who shall monitor and review the operation of the
school. The trustee shall possess the qualifications specified in
subparagraph (A) of paragraph (1), shall compile an initial report in
accordance with the requirements of subparagraph (C) of paragraph
(1), and shall receive reports from the school district and
schoolsite no less than three times during the year on the progress
towards meeting the goals established in the initial report. During
the period of his or her service, the trustee may stay or rescind
those actions of the governing board of the school district or
schoolsite principal that, in the judgment of the trustee, may
detrimentally affect the conditions of the state-monitored school to
which the trustee is assigned. The salary and benefits of the trustee
shall be established by the Superintendent, in consultation with the
state board, and shall be paid by the school district.
(I) For the purposes of this section, in order to facilitate the
appointment of the trustee and the employment of any necessary staff,
the Superintendent is exempt from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code and Part 2 (commencing with Section 10100)
of the Public Contract Code.
(J) Notwithstanding any other provision of law, if the
Superintendent appoints an employee of the department to act as
trustee pursuant to this section, the salary and benefits of that
employee shall be established by the Superintendent and paid by the
school district. During the time of appointment, the employee is an
employee of the school district, but shall remain in the same
retirement system and under the same plan as if the employee had
remained in the department. Upon the expiration or termination of the
appointment, the employee shall have the right to return to his or
her former position, or to a position at substantially the same level
as that position, with the department. The time served in the
appointment shall be counted for all purposes as if the employee had
served that time in his or her former position with the department.
(i) When a school is deemed to be a state-monitored school, the
governing board of the school district, at a regularly scheduled
public meeting, shall inform the parents and guardians of pupils
enrolled at the schoolsite that the school is a state-monitored
school and that as a result of this determination the corrective
actions set forth in subdivision (h) may occur.
(j) In addition to the actions taken pursuant to subdivision (h),
the governing board of the school district and the district
superintendent shall be included in discussions regarding the
governance of the state-monitored schoolsite and the actions that
shall be taken in order for the schoolsite to succeed. During the
discussions, the participants shall delineate clearly the role that
the governing board of the school district and the district
superintendent will play during the sanctions period and shall report
this delineation to the Superintendent. The role to be played by the
governing board of the school district and the district
superintendent as delineated during the discussions regarding the
governance of the state-monitored schoolsite shall be in addition to
those actions set forth in subdivision (h).
(k) After a school is deemed to be a state-monitored school
pursuant to subdivision (h), the governing board of the school
district shall do all of the following:
(1) Make the same fiscal, human, and educational resources, at a
minimum, available to the schoolsite as were available before the
action taken pursuant to subdivision (h), excluding state or federal
funding provided pursuant to Sections 52054.5 and 52055.600. If the
total amount of resources available to the school district differs
from one year to another, it shall make the same proportion of
resources available to the schoolsite as was available before the
action taken pursuant to subdivision (h).
(A) The entity selected to manage a school pursuant to
subparagraph (C) of paragraph (2) of subdivision (h) shall review the
resources allocated to the schoolsite and determine if additional
resources should be made available from district funds to reasonably
support the schoolsite without detriment to the other schools and
pupils of the district.
(B) If the school does not have a management team pursuant to
subparagraph (C) of paragraph (2) of subdivision (h), the
Superintendent, in consultation with the state board, shall designate
an entity to review the resources allocated to the schoolsite and
determine if additional resources should be made available from
district funds to reasonably support the schoolsite without detriment
to the other schools and pupils of the district.
(C) If the entity selected to manage a school pursuant to
subparagraph (C) or (H) of paragraph (2) of subdivision (h) or the
entity chosen by the Superintendent pursuant to paragraph (1) of
subdivision (h) is unable to obtain the information necessary to make
this determination, the entity may request that the Superintendent
and state board intervene to obtain the necessary documents.
(D) Any dispute between the entity selected to manage a school
pursuant to subparagraph (C) or (H) of paragraph (2) of subdivision
(h) or the entity chosen by the Superintendent pursuant to paragraph
(1) of subdivision (h) and the school district over resource
allocations shall be resolved by the Superintendent, in consultation
with the state board.
(2) Continue its current ownership status with respect to the
schoolsite.
(3) Continue to provide the same insurance coverage as before the
action taken pursuant to subdivision (b) with respect to property,
liability, errors and omissions, and other regularly provided
policies.
(4) Name the Superintendent and the department as additional
insureds upon transfer of legal rights, duties, and responsibilities
to the Superintendent.
(5) Continue to provide facilities support, including maintenance,
if appropriate to the management arrangement, and full schoolsite
participation in bond financing.
(6) Remain involved with the school throughout the sanctions
period.
(l) If the state board approves, the governing board of the school
district may retain its legal rights, duties, and responsibilities
with respect to that school.
(m) A school deemed state monitored pursuant to subdivision (h)
that achieves significant growth, as determined by the state board,
after it has undergone state monitoring for two consecutive API
reporting cycles shall exit state monitoring, as defined in
subdivision (g). A school shall exit the program if it meets the
requirements specified in subdivision (e) or (f).
(n) Thirty-six months after the Superintendent assigns a
management team, trustee, or a school assistance and intervention
team to a schoolsite, if the management team, trustee, or school
assistance and intervention team fails to assist the school in making
significant growth on the API, as determined by the state board, the
Superintendent shall remove the management team, trustee, or school
assistance and intervention team from providing services at the
schoolsite. Additionally, the Superintendent shall do at least one of
the following:
(1) Require the school district to ensure, using available federal
funds, that 100 percent of the teachers at the schoolsite are highly
qualified, as defined by the state for the purposes of the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(2) (A) Require the school district to contract, using available
federal, state, and local funds, with an outside entity to provide
supplemental instruction to high-priority pupils and assign a
management team, trustee, or school assistance and intervention team
that has demonstrated success with other state-monitored schools.
During the period of his or her service, the trustee may stay or
rescind those actions of the governing board of the school district
or principal that, in the judgment of the trustee, detrimentally may
affect the conditions of the state-monitored school to which the
trustee is assigned.
(B) For the purposes of this section, in order to facilitate the
appointment of the trustee and the employment of any necessary staff,
the Superintendent is exempt from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code and Part 2 (commencing with Section 10100)
of the Public Contract Code.
(C) Notwithstanding any other provision of law, if the
Superintendent appoints an employee of the department to act as
trustee pursuant to this section, the salary and benefits of that
employee shall be established by the Superintendent and paid by the
school district. During the time of appointment, the employee is an
employee of the school district, but shall remain in the same
retirement system and under the same plan as if the employee had
remained in the department. Upon the expiration or termination of the
appointment, the employee shall have the right to return to his or
her former position, or to a position at substantially the same level
as that position, with the department. The time served in the
appointment shall be counted for all purposes as if the employee had
served that time in his or her former position with the department.
(D) Following the assignment of a management team, trustee, or
school assistance and intervention team pursuant to this subdivision,
if the school makes significant growth on the API, as determined by
the state board, in two API reporting cycles, the school shall exit
the Immediate Intervention/Underperforming Schools Program and is no
longer subject to the requirements of the program.
(3) Allow parents of pupils enrolled at the school to apply
directly to the state board to establish a charter school at the
existing schoolsite.
(4) Close the school.
(o) If a school assistance and intervention team does not fulfill
its legal obligations under this section, the governing board of the
school district may seek permission from the Superintendent, with the
approval of the state board, to contract with a different school
assistance and intervention team. Upon a finding that the school
assistance and intervention team has not fulfilled its legal
obligations under this section, the Superintendent, with the approval
of the state board, may remove the school assistance and
intervention team from the state list of eligible providers.
(p) In addition to the actions listed in subdivision (h), the
Superintendent, in consultation with the state board, may take any
other action considered necessary or desirable against the school
district or the school district governing board, including
appointment of a new superintendent or suspension of the authority of
the governing board with respect to a school that does not meet its
growth targets within the periods described in subdivision (c), and
has failed to show significant growth, as determined by the state
board.
(q) Before the Superintendent may take any action against a
principal pursuant to subdivision (h), the Superintendent or a
designee of the Superintendent, which may be a panel consisting of
the county superintendent of schools of the county in which the
school is located or an adjoining county, one principal with
experience in a similar type of school, and the superintendent of the
school district in which the state-monitored school is located,
shall do the following:
(1) Hold an informal hearing to determine whether there are
sufficient issues to proceed to a formal hearing. The informal
hearing shall be held in a closed session. The principal, and his or
her representative, and a school district representative may be
present at the informal hearing. The decision on whether to proceed
to a formal hearing shall be posted and presented at a regularly
scheduled public meeting of the governing board of the school
district. If the decision is not to proceed to a formal hearing, the
posting and presentation shall explain the rationale for this
decision. This item may not be a consent item on the agenda.
(2) Hold a formal hearing on the matter in the school district.
Evidence to support the findings made at the formal hearing shall be
presented and discussed in a closed session. The principal, or his or
her representative, and a school district representative may be
present in the closed session. The findings shall be posted and
presented at a regularly scheduled public meeting of the governing
board of the school district. This item may not be a consent item on
the agenda. The governing board shall give adequate time for public
input and response to findings. The purpose of the hearing shall be
to make both of the following findings:
(A) Whether the principal had the authority to take specific
enumerated actions that would have helped the school meet its
performance goals.
(B) Whether the principal failed to take specific enumerated
actions pursuant to subparagraph (A).
(r) An action taken pursuant to subdivision (h), (i), (j), or (k)
shall not increase local costs or require reimbursement by the
Commission on State Mandates.
(s) An action taken pursuant to subdivision (h), (i), (j), or (k)
shall be accompanied by specific findings by the Superintendent and
the state board that the action is directly related to the identified
causes for continued failure by a school to meet its performance
goals.
(t) (1) Notwithstanding subdivision (a), a school participating in
the grant program that received a planning grant pursuant to
subdivision (f) of Section 52053 in the 1999-2000 fiscal year is
eligible to receive funding pursuant to Section 52055.600 in the
2002-03 fiscal year only.
(2) Notwithstanding subdivision (a), a school participating in the
grant program that received a planning grant pursuant to subdivision
(l) of Section 52053 in the 2000-01 fiscal year is eligible to
receive funding pursuant to Section 52055.600 in the 2002-03 and
2003-04 fiscal years only.
(3) Notwithstanding subdivision (a), a school participating in the
grant program that received a planning grant pursuant to subdivision
(l) of Section 52053 in the 2001-02 fiscal year is eligible to
receive funding pursuant to Section 52055.600 in only the 2002-03,
2003-04, and 2004-05 fiscal years.
(u) Notwithstanding the growth target timelines set forth in
subdivisions (b), (c), (e), and (f), a school that receives funds
pursuant to Section 52055.600 during the 2002-03 or 2003-04 fiscal
year shall meet the growth target specified in subdivision (b) no
later than December 31, 2004, and the growth target specified in
subdivisions (c), (e), and (f) no later than December 31, 2005.
(v) Notwithstanding the growth target timelines set forth in
subdivisions (b), (c), (e), and (f), a school that receives funds
pursuant to Section 52055.600 during the 2005-06 or 2006-07 fiscal
year shall meet the growth target specified in subdivision (b) no
later than December 31, 2009, and the growth target specified in
subdivisions (c), (e), and (f) no later than December 31, 2010.
(w) Thirty-six months after allocating funding under subdivision
(d) of Section 52055.600, the Superintendent shall provide the state
board and the Legislature with recommendations regarding necessary
modifications of the Education Code and procedures specific to the
programs funded under subdivision (d) of Section 52055.600.
SEC. 58. Section 54712 of the Education Code is amended to read:
54712. The Superintendent shall perform the following
responsibilities:
(a) Identify schools as College Opportunity Zones.
(b) Develop the "Save Me a Spot in College" pledge, which shall
include the commitments made by the pupil and the major postsecondary
and financial aid opportunities provided by the state. The pledge
shall contain all of the following assurances:
(1) A pupil who signs the pledge and enrolls in the Early
Commitment to College program, in the same manner as all other
pupils, shall be eligible to continue his or her postsecondary
education at a campus of the California Community Colleges to pursue
career technical
education or an associate degree, or to prepare for transfer to a
four-year college or university, or, if he or she meets the admission
requirements and applies for admission, at the University of
California or the California State University.
(2) A pupil who signs the pledge and meets all the eligibility
requirements of the Cal Grant Program (Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of Division 5 of Title 3) at
the time of application shall be eligible to receive a Cal Grant
award.
(3) In a manner that is consistent with Article 1 (commencing with
Section 76300) of Chapter 2 of Part 47 of Division 7 of Title 3, a
pupil who signs the pledge shall receive, upon enrollment at a
community college, a fee waiver under the fee waiver program of the
Board of Governors of the California Community Colleges for two or
more years of enrollment at a campus of the California Community
Colleges, as long as the student is a California resident and
continues to show financial need on a completed Free Application for
Federal Student Aid.
(c) Consult with the California Community Colleges, the University
of California, the California State University, the Student Aid
Commission, and independent colleges and universities in developing
the pledge, letter, and supporting materials, including a method for
participating school districts to notify colleges and universities in
their service area that the school district is participating in the
program and seeking partnerships with colleges, universities, and
others to plan and conduct activities to implement the program.
(d) Determine the form of recognition for pupils who have been
certified by his or her school district as having fulfilled the
requirements of the pledge pursuant to subdivision (b) of Section
54711.
(e) Develop a method by which participating schools shall record
and report participation in, and outcome data of, the Early
Commitment to College program to the Superintendent pursuant to
subdivision (b) of Section 54711.
(f) (1) Develop a letter addressed to pupils enrolled in grades 6
to 9, inclusive, and their parents or guardians, and signed by the
Superintendent and the superintendent of the school district that
describes the major steps to prepare for college, including
postsecondary career technical education, and the major postsecondary
and financial aid opportunities available to students in California.
(2) Develop a second letter signed by the Superintendent and the
superintendent of the school district, to be directed to pupils
eligible to sign the pledge pursuant to Section 54711, and their
parents or guardians, that details the Early Commitment to College
program, including the pledge, in addition to the information in the
letter directed to all pupils in grades 6 to 9, inclusive.
(3) Make both letters and information on the Early Commitment to
College program available on the Internet Web site of the department
and request all school districts to distribute the letters as
appropriate through existing means to all pupils and their parents.
SEC. 59. Section 60200.1 of the Education Code is amended to read:
60200.1. (a) (1) The instructional materials described in
paragraph (1) of subdivision (a) of Section 60200 shall be submitted
to the state board for adoption in 2008.
(2) The instructional materials for foreign languages shall be
submitted to the state board for adoption in 2012.
(3) The instructional materials for health shall be submitted to
the state board for adoption in 2013.
(b) Notwithstanding any other provision of law, the requirement in
paragraph (6) of subdivision (c) of Section 60200 that other
criteria be approved at least 30 months before the date that the
materials are to be approved for adoption shall not apply if all of
the following conditions are met:
(1) The criteria adopted are consistent with the content standards
adopted by the state board in each of the four core content areas
for which standards are adopted.
(2) The schedule for the adoption of instructional materials
requires instructional materials for history-social science to be
adopted in November 2011, and instructional materials for science to
be adopted by November 2012.
(3) The state board approves criteria for the adoption of
instructional materials in history-social science at least 18 months
before the state board adopts instructional materials in
history-social science.
(4) The state board approves the criteria for the adoption of
instructional materials for science at least 24 months before the
state board adopts instructional materials in science.
SEC. 60. Section 66269 of the Education Code is amended and
renumbered to read:
66260.6. "Disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic contained
in the definition of hate crimes set forth in Section 422.55 of the
Penal Code" includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
SEC. 61. Section 69613 of the Education Code is amended to read:
69613. (a) Program participants shall meet all of the following
eligibility criteria prior to selection in the program and shall
continue to meet these criteria, as appropriate, during the payment
periods:
(1) The applicant has completed at least 60 semester units, or the
equivalent, and is enrolled in an academic program leading to a
baccalaureate degree at an eligible institution, has agreed to
participate in a teacher internship program, or has been admitted to
a program of professional preparation that has been approved by the
Commission on Teacher Credentialing.
(2) The applicant is currently enrolled in, or has been admitted
to, a program in which he or she will be enrolled on at least a
half-time basis, as determined by the participating institution. The
applicant shall agree to maintain satisfactory academic progress and
a minimum of half-time enrollment, as defined by the participating
eligible institution.
(A) Except as provided in subparagraphs (B) and (C), if a person
participating in the program fails to maintain at least half-time
enrollment, as required by this article, under the terms of the
agreement pursuant to paragraph (2), the loan assumption agreement
shall be invalidated and the participant shall assume full liability
for all student loan obligations. This subparagraph shall not apply
if the participant is in his or her final semester or quarter in
school and has no additional coursework required to obtain his or her
teaching credential.
(B) Notwithstanding subparagraph (A), if a program participant is
unable to maintain at least half-time enrollment due to serious
illness, pregnancy, or other natural causes, or is called to active
military duty status, the participant is not required to assume full
liability for the student loan obligation for a period not to exceed
one calendar year, unless approved by the commission for a longer
period.
(C) If a natural disaster prevents a program participant from
maintaining at least half-time enrollment due to the interruption of
instruction at the eligible institution, the term of the loan
assumption agreement shall be extended for a period not to exceed one
calendar year, unless approved by the commission for a longer
period.
(3) The applicant has been judged by his or her postsecondary
institution, school district, or county office of education to have
outstanding ability on the basis of criteria that may include, but
need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any educational loan program approved by the Student Aid
Commission.
(5) The applicant has agreed to teach full time for at least four
consecutive academic years, or on a part-time basis for the
equivalent of four full-time academic years, after obtaining a
teaching credential in a public elementary or secondary school in
this state, in a subject area that is designated as a current or
projected shortage area by the Superintendent of Public Instruction,
or, on the date the teacher is hired, at an eligible school.
(b) An agreement shall remain valid even if the subject area under
which an applicant becomes eligible to enter into an agreement
ceases to be a designated shortage field by the time the applicant
becomes a teacher.
(c) For the purposes of calculating eligible years of teaching for
the redemption of an award, the designation by the Superintendent of
Public Instruction of a newly opened school pursuant to Section
52056 shall apply retroactively from the date the school first
opened.
(d) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
(e) A person participating in the program pursuant to this section
shall not owe a refund on any state or federal educational grant or
defaulted on any student loan.
(f) Notwithstanding any other provision of this section, a
credentialed teacher teaching in a public school ranked in the lowest
two deciles on the Academic Performance Index pursuant to Section
52052 who possesses a clear multiple subject or single subject
teaching credential or level II education specialist credential and
who has not otherwise participated in the program established by this
article is eligible to enter into an agreement for loan assumption
pursuant to this article. The number of loan assumption agreements
provided pursuant to this subdivision shall not exceed 400 per year.
The commission shall develop and adopt regulations for the
implementation of this subdivision by January 1, 2010.
SEC. 62. Section 69662 of the Education Code is amended to read:
69662. (a) Any person enrolled in an eligible institution may be
eligible to enter into an agreement for loan assumption to be
redeemed pursuant to Section 69665 upon becoming employed as a
licensed physician assistant.
(b) In order to be eligible to enter into an agreement for loan
assumption, an applicant shall satisfy all of the following
conditions:
(1) The applicant is enrolled in or admitted to a physician
assistant program at an eligible institution.
(2) The applicant is currently enrolled in a program, or has been
admitted to a program in which he or she will be enrolled, on at
least a half-time basis, as determined by the eligible institution.
The applicant shall agree to maintain satisfactory academic progress
and a minimum of half-time enrollment, as defined by the
participating eligible institution.
(A) Except as provided in subparagraph (B), if a program
participant fails to maintain half-time enrollment as required by
this article and, under the terms of the agreement pursuant to this
paragraph, the loan assumption agreement shall be deemed invalid. The
participant is excused from the half-time enrollment requirement if
he or she is in his or her final term in school and has no additional
coursework required to become a physician assistant.
(B) Notwithstanding subparagraph (A), a program participant shall
be excused from the half-time enrollment requirement for a period not
to exceed one calendar year, unless approved by the commission for a
longer period, if a program participant becomes unable to maintain
half-time enrollment due to any of the following:
(i) Serious illness, pregnancy, or other natural causes.
(ii) The participant is called to military active duty status.
(iii) A natural disaster prevents a program participant from
maintaining half-time enrollment due to the interruption of
instruction at the eligible institution.
(3) The person has submitted an application to participate in the
program and has been recommended by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any educational loan program approved by the Student Aid
Commission.
(5) The applicant has agreed to work full time for at least four
consecutive years, or on a part-time basis for the equivalent of four
full-time years, as a physician assistant in this state and in a
designated medically underserved area.
(c) The agreements entered into each year pursuant to subdivision
(b) shall be with applicants who need to complete training or
coursework in order to become a licensed physician assistant and
agree to practice at a site located in an area of the state where
unmet priority needs exist for primary care family physicians, as
determined by the California Healthcare Workforce Policy Commission.
An agreement shall remain valid even if the primary medical care
facilities at which the applicant is employed ceases to be listed as
a medically underserved area after the applicant is employed there.
(d) A person participating in the program pursuant to this article
shall not enter into more than one agreement under this article.
SEC. 63. The heading of Article 14 (commencing with Section 69785)
of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education
Code is amended to read:
Article 14. Military and Veterans Offices
SEC. 64. Section 9604 of the Elections Code is amended to read:
9604. (a) Notwithstanding any other provision of law, any person
may engage in good faith bargaining between competing interests to
secure legislative approval of matters embraced in a statewide or
local initiative or referendum measure, and the proponents may, as a
result of these negotiations, withdraw the measure at any time before
filing the petition with the appropriate elections official.
(b) Withdrawal of a statewide initiative or referendum measure
shall be effective upon receipt by the Secretary of State of a
written notice of withdrawal, signed by all proponents of the
measure.
(c) Withdrawal of a local initiative or referendum measure shall
be effective upon receipt by the appropriate local elections official
of a written notice of withdrawal, signed by all proponents of the
measure.
SEC. 65. Section 10704 of the Elections Code is amended to read:
10704. (a) Except as provided in subdivision (b), a special
primary election shall be held in the district in which the vacancy
occurred on the eighth Tuesday or, if the eighth Tuesday is the day
of or the day following a state holiday, the ninth Tuesday preceding
the day of the special general election at which the vacancy is to be
filled. Candidates at the primary election shall be nominated in the
manner set forth in Chapter 1 (commencing with Section 8000) of Part
1 of Division 8, except that nomination papers shall not be
circulated more than 63 days before the primary election, shall be
left with the county elections official for examination not less than
43 days before the primary election, and shall be filed with the
Secretary of State not less than 39 days before the primary election.
(b) A special primary election shall be held in the district in
which the vacancy occurred on the ninth Tuesday preceding the day of
the special general election at which the vacancy is to be filled if
both of the following conditions apply:
(1) The ninth Tuesday preceding the day of the special general
election is an established election date pursuant to Section 1000.
(2) A statewide or local election occurring wholly or partially
within the same territory in which the vacancy exists is scheduled
for the ninth Tuesday preceding the day of the special general
election.
(c) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 25 days before the
primary election, except that Section 3001 shall apply if the special
election or special primary election is consolidated with a
statewide election. Applications received by the elections official
prior to the 25th day shall not be returned to the sender, but shall
be held by the elections official and processed by him or her
following the 25th day prior to the election in the same manner as if
received at that time.
SEC. 66. Section 3041.5 of the Family Code is amended to read:
3041.5. (a) In any custody or visitation proceeding brought under
this part, as described in Section 3021, or any guardianship
proceeding brought under the Probate Code, the court may order any
person who is seeking custody of, or visitation with, a child who is
the subject of the proceeding to undergo testing for the illegal use
of controlled substances and the use of alcohol if there is a
judicial determination based upon a preponderance of evidence that
there is the habitual, frequent, or continual illegal use of
controlled substances or the habitual or continual abuse of alcohol
by the parent, legal custodian, person seeking guardianship, or
person seeking visitation in a guardianship. This evidence may
include, but may not be limited to, a conviction within the last five
years for the illegal use or possession of a controlled substance.
The court shall order the least intrusive method of testing for the
illegal use of controlled substances or the habitual or continual
abuse of alcohol by either or both parents, the legal custodian,
person seeking guardianship, or person seeking visitation in a
guardianship. If substance abuse testing is ordered by the court, the
testing shall be performed in conformance with procedures and
standards established by the United States Department of Health and
Human Services for drug testing of federal employees. The parent,
legal custodian, person seeking guardianship, or person seeking
visitation in a guardianship who has undergone drug testing shall
have the right to a hearing, if requested, to challenge a positive
test result. A positive test result, even if challenged and upheld,
shall not, by itself, constitute grounds for an adverse custody or
guardianship decision. Determining the best interests of the child
requires weighing all relevant factors. The court shall also consider
any reports provided to the court pursuant to the Probate Code. The
results of this testing shall be confidential, shall be maintained as
a sealed record in the court file, and may not be released to any
person except the court, the parties, their attorneys, the Judicial
Council, until completion of its authorized study of the testing
process, and any person to whom the court expressly grants access by
written order made with prior notice to all parties. Any person who
has access to the test results may not disseminate copies or disclose
information about the test results to any person other than a person
who is authorized to receive the test results pursuant to this
section. Any breach of the confidentiality of the test results shall
be punishable by civil sanctions not to exceed two thousand five
hundred dollars ($2,500). The results of the testing may not be used
for any purpose, including any criminal, civil, or administrative
proceeding, except to assist the court in determining, for purposes
of the proceeding, the best interest of the child pursuant to Section
3011 and the content of the order or judgment determining custody or
visitation. The court may order either party, or both parties, to
pay the costs of the drug or alcohol testing ordered pursuant to this
section. As used in this section, "controlled substances" has the
same meaning as defined in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of the
Health and Safety Code).
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 67. Section 17706 of the Family Code is amended to read:
17706. (a) It is the intent of the Legislature to encourage
counties to elevate the visibility and significance of the child
support enforcement program in the county. To advance this goal,
effective July 1, 2000, the counties with the 10 best performance
standards pursuant to clause (ii) of subparagraph (B) of paragraph
(2) of subdivision (b) of Section 17704 shall receive an additional 5
percent of the state's share of those counties' collections that are
used to reduce or repay aid that is paid pursuant to Article 6
(commencing with Section 11450) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code. The counties shall use the
increased recoupment for child support-related activities that may
not be eligible for federal child support funding under Part D of
Title IV of the Social Security Act, including, but not limited to,
providing services to parents to help them better support their
children financially, medically, and emotionally.
(b) The operation of subdivision (a) shall be suspended for the
2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09,
2009-10, 2010-11, and 2011-12 fiscal years.
SEC. 68. Section 287 of the Financial Code is amended to read:
287. Every licensee shall notify the commissioner of any change
in the following officers of the licensee, to the extent that those
officers exist within the licensee: chairperson, chief executive
officer, president, general manager, managing officer, chief
financial officer, or chief credit officer.
SEC. 69. The heading of Chapter 4.5 (commencing with Section 550)
of Division 1 of the Financial Code is amended to read:
CHAPTER 4.5. AUTHORIZATIONS FOR BANKS
SEC. 70. Section 550 of the Financial Code is amended to read:
550. (a) Notwithstanding the provisions of Sections 1051, 1052,
and 1054 of the Labor Code and Section 2947 of the Penal Code, a bank
or any affiliate thereof, licensed under the laws of any state or of
the United States, or any officer or employee thereof, may deliver
fingerprints taken of a director, an officer, an employee, or an
applicant for employment to local, state, or federal law enforcement
agencies for the purpose of obtaining information as to the existence
and nature of a criminal record, if any, of the person fingerprinted
relating to convictions, and to any arrest for which that person is
released on bail or on his or her own recognizance pending trial, for
the commission or attempted commission of a crime involving robbery,
burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving
stolen property, counterfeiting, or involving checks or credit cards
or using computers.
(b) The Department of Justice shall, pursuant to Section 11105 of
the Penal Code, and a local agency may, pursuant to Section 13300 of
the Penal Code, furnish to the officer of the bank or affiliate
responsible for the final decision regarding employment of the person
fingerprinted, or to his or her designees having responsibilities
for personnel or security decisions in the usual scope and course of
their employment with the bank or affiliate, summary criminal history
information when requested pursuant to this section. If, upon
evaluation of the criminal history information received pursuant to
this section, the bank or affiliate determines that employment of the
person fingerprinted would constitute an unreasonable risk to that
bank or affiliate or its customers, the person may be denied
employment.
(c) Banks and their affiliates shall submit to the Department of
Justice fingerprint images and related information required by the
Department of Justice of all directors, officers, employees, or an
applicant for employment for the purpose of obtaining information
regarding the existence and content of a record of state and federal
convictions and also information regarding the existence and content
of a record of state and federal arrests for which the Department of
Justice establishes that the person is free on bail, or on his or her
own recognizance, pending trial or appeal.
(d) When the Department of Justice receives a request under this
section for federal summary criminal history information, it shall
forward the request to the Federal Bureau of Investigation. Once the
information is received from the Federal Bureau of Investigation, the
Department of Justice shall review, compile, and disseminate the
information to the federally chartered bank or affiliate pursuant to
paragraph (1) of subdivision (o) of Section 11105 of the Penal Code.
(e) When the Department of Justice receives a request for federal
summary criminal history information from a nonchartered bank, it
shall forward the request to the Federal Bureau of Investigation.
Once the information is received from the Federal Bureau of
Investigation, the Department of Justice shall review and provide a
fitness determination on an applicant for employment based on
criminal convictions or on arrests for which the person is released
on bail or on his or her own recognizance pending trial for the
commission or attempted commission of crimes specified in subdivision
(a).
(f) A bank or affiliate may request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(g) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this section.
(h) Any criminal history information obtained pursuant to this
section is confidential and no recipient shall disclose its contents
other than for the purpose for which it was acquired.
(i) "Affiliate," as used in this section, means any corporation
controlling, controlled by, or under common control with, a bank,
whether directly, indirectly, or through one or more intermediaries.
SEC. 71. Section 767 of the Financial Code is amended to read:
767. Every officer, agent, teller, or clerk of any bank, and
every individual banker, or agent, teller, or clerk of any individual
banker, who receives any deposits, knowing that the bank,
association, or banker is insolvent, is guilty of a misdemeanor.
SEC. 72. Section 17409 of the Financial Code is amended to read:
17409. (a) All moneys deposited in escrow to be delivered
upon the close of the escrow or upon any other contingency shall be
deposited and maintained in a noninterest-bearing demand or checking
account in a bank, a state or federal savings bank, or a state or
federal savings association or in a noninterest-bearing account
subject to immediate withdrawal in an industrial loan company insured
by the Federal Deposit Insurance Corporation and approved to receive
those moneys by the commissioner. Thereafter, these moneys may be
deposited in an interest-bearing account in a bank, a state or
federal savings bank, a state or federal savings association, an
industrial loan company approved to receive those moneys by the
commissioner, or a state or federal credit union, if the depositor is
qualified for membership under the bylaws of that credit union, and
the moneys are maintained separate, distinct, and apart from funds
belonging to the escrow agent. Those funds, when deposited, are to be
designated as "trust funds," "escrow accounts," or under some other
appropriate name indicating that the funds are not the funds of the
escrow agent.
Upon request of the commissioner, a licensee shall furnish to the
commissioner an authorization for examination of financial records of
any trust funds or escrow accounts, maintained in a financial
institution, in accordance with the procedures set forth in Section
7473 of the Government Code.
(b) A licensee engaged in the business of receiving escrows for
deposit or delivery of the types specified in subdivision (c) of
Section 17312 and of the types not specified therein shall maintain
separate escrow trust accounts, for both types of escrow business in
the same manner as provided in subdivision (a) of this section and
Sections 17409.1, 17410, 17411, and 17411.1.
(c) Any agreement with a financial institution to establish a
trust account pursuant to this section shall be accompanied by a
letter from the licensee authorizing and requesting that the
financial institution immediately notify the commissioner and
Fidelity Corporation, in either electronic or paper form, when it
becomes aware of either of the following:
(1) The closure of any account subject to this section, other than
to transfer the funds to another designated trust account at the
same financial institution in the name of the escrow agent or the
remittance of the funds to the Controller's office for escheat
purposes.
(2) The occurrence of any overdraft balance in an account subject
to this section.
This subdivision does not impose any duty or obligation on a
financial institution to Fidelity Corporation, members of Fidelity
Corporation, or the commissioner.
SEC. 73. Section 2302 of the Fish and Game Code is amended to
read:
2302. (a) Any person, or federal, state, or local agency,
district, or authority that owns or manages a reservoir, as defined
in Section 6004.5 of the Water Code, where recreational, boating, or
fishing activities are permitted, except a privately owned reservoir
that is not open to the public, shall do both of the following:
(1) Assess the vulnerability of the reservoir for the introduction
of nonnative dreissenid mussel species.
(2) Develop and implement a program designed to prevent the
introduction of nonnative dreissenid mussel species.
(b) The program shall include, at a minimum, all of the following:
(1) Public education.
(2) Monitoring.
(3) Management of those recreational, boating, or fishing
activities that are permitted.
(c) Any person, or federal, state, or local agency, district, or
authority, that owns or manages a reservoir, as defined in Section
6004.5 of the Water Code, where recreational, boating, or fishing
activities of any kind are not permitted, except a privately owned
reservoir that is not open to the public, shall, based on its
available resources and staffing, include visual monitoring for the
presence of mussels as part of its routine field activities.
(d) Any entity that owns or manages a reservoir, as defined in
Section 6004.5 of the Water Code, except a privately owned reservoir
that is not open to the public for recreational, boating, or fishing
activities, may refuse the planting of fish in that reservoir by the
department unless the department can demonstrate that the fish are
not known to be infected with nonnative dreissenid mussels.
(e) Except as specifically set forth in this section, this section
applies both to reservoirs that are owned or managed by governmental
entities and reservoirs that are owned or managed by private persons
or entities.
(f) Violation of this section is not subject to the sanctions set
forth in Section 12000. In lieu of any other penalty provided by law,
a person who violates this section shall, instead, be subject to a
civil penalty, in an amount not to exceed one thousand dollars
($1,000) per violation, that is imposed administratively by the
department. To the extent that sufficient funds and personnel are
available to do so, the department may adopt regulations establishing
procedures to implement this subdivision and enforce this section.
(g) This section shall not apply to a reservoir in which nonnative
dreissenid mussels have been detected.
SEC. 74. Section 5655 of the Fish and Game Code is amended to
read:
5655. (a) In addition to the responsibilities imposed pursuant to
Section 5651, the department may clean up or abate, or cause to be
cleaned up or abated, the effects of any petroleum or petroleum
product deposited or discharged in the waters of this state or
deposited or discharged in any location onshore or offshore where the
petroleum or petroleum product is likely to enter the waters of this
state, order any person responsible for the deposit or discharge to
clean up the petroleum or petroleum product or abate the effects of
the deposit or discharge, and recover any costs incurred as a result
of the cleanup or abatement from the responsible party.
(b) An order shall not be issued pursuant to this section for the
cleanup or abatement of petroleum products in any sump, pond, pit, or
lagoon used in conjunction with crude oil production that is in
compliance with all applicable state and federal laws and
regulations.
(c) The department may issue an order pursuant to this section
only if there is an imminent and substantial endangerment to human
health or the environment and the order shall remain in effect only
until any cleanup and abatement order is issued pursuant to Section
13304 of the Water Code. A regional water quality control board shall
incorporate the department's order into the cleanup and abatement
order issued pursuant to Section 13304 of the Water Code, unless the
department's order is inconsistent with any more stringent
requirement established in the cleanup and abatement order. Any
action taken in compliance with the department's order is not a
violation of any subsequent regional water quality control board
cleanup and abatement order issued pursuant to Section 13304 of the
Water Code.
(d) The Administrator of the Office of Spill Prevention and
Response has the primary authority to serve as a state incident
commander and direct removal, abatement, response, containment, and
cleanup efforts with regard to all aspects of any placement of
petroleum or a petroleum product in the waters of the state, except
as otherwise provided by law. This authority may be delegated.
(e) For purposes of this section, the following definitions apply:
(1) "Petroleum product" means oil of any kind or form, including,
but not limited to, fuel oil, sludge, oil refuse, and oil mixed with
waste other than dredged spoil. "Petroleum product" does not include
any pesticide that has been applied for agricultural, commercial, or
industrial purposes or has been applied in accordance with a
cooperative agreement authorized by Section 116180 of the Health and
Safety Code, that has not been discharged accidentally or for
purposes of disposal, and the application of which was in compliance
with all applicable state and federal laws and regulations.
(2) "State incident commander" means a person with the overall
authority for managing and conducting incident operations during an
oil spill response, who shall manage an incident consistent with the
standardized emergency management system required by Section 8607 of
the Government Code. Incident management generally includes the
development of objectives, strategies, and tactics, ordering and
release of resources, and coordinating with other appropriate
response agencies to ensure that all appropriate resources are
properly utilized and that this coordinating function is performed in
a manner designed to minimize risk to other persons and to the
environment.
SEC. 75. Section 35783.1 of the Food and Agricultural Code is
amended to read:
35783.1. A recording thermometer shall be installed in each dairy
farm milk storage tank used to cool or store market milk during the
milking process. If a farm pickup tanker is used in lieu of a dairy
farm tank, the recording thermometer shall be installed in the
pipeline following an effective cooling device that cools the milk to
45 degrees Fahrenheit (7 degrees Celsius) or less. Nothing in this
section shall be construed as meaning that a recording thermometer
must be attached when milk tankers are moved over the road. The
secretary shall issue regulations providing standards for these
thermometers including installation and operation.
SEC. 76. Section 47000 of the Food and Agricultural Code is
amended to read:
47000. The Legislature finds and declares all of the following
with regard to the direct marketing of agricultural products:
(a) Direct marketing of agricultural products benefits the
agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products
while benefiting the consumer by supplying quality produce at
reasonable prices.
(b) Direct marketing is a good public relations tool for the
agricultural industry that brings the farmer face-to-face with
consumers.
(c) The marketing potential of a wide variety of
California-produced agricultural products should be maximized.
(d) Farm stands allow farmers to sell fresh produce and eggs grown
on their farm as well as other food products made with ingredients
produced on or near the farm, thus enhancing their income and the
local economy.
(e) The department should maintain a direct marketing program and
the industry should continue to encourage the sale of
California-grown fresh produce.
(f) It is the intent of the state to promote the consumption of
California-grown produce and to promote access to California-produced
agricultural products. Restaurants and nonprofit organizations can
provide assistance in bringing California-grown products to all
Californians.
(g) A regulatory scheme should be developed that provides the
flexibility that will make direct marketing a viable marketing
system.
(h) The department should assist producers in organizing certified
farmers' markets, field retail stands, farm stands, and other forms
of direct marketing by providing technical advice on marketing
methods and in complying with the regulations that affect direct
marketing programs.
(i) The department is encouraged to establish an ad hoc advisory
committee to assist the department in establishing regulations
affecting direct marketing of products and to advise the secretary in
all matters pertaining to direct marketing.
SEC. 77. Section 52891.1 of the Food and Agricultural Code is
amended to read:
52891.1. (a) The board may, by resolution, take actions that are
in the best interest of the cotton industry in the district, which
shall include, but not be limited to, the growing of cottons other
than Acala and Pima. The resolution may contain provisions to protect
the quality and integrity of approved fiber and seed grown within
the district.
(b) The resolution shall be subject to a referendum conducted by
the secretary, upon the request of the board, using information
supplied by the board and other information as determined by the
secretary, or a referendum shall be conducted by the secretary if a
petition signed by not less than 5 percent of the qualified cotton
growers in the district is presented to the board. The costs of any
referendum conducted pursuant to this chapter shall be paid from
funds collected pursuant to this chapter.
(c) The secretary shall find the resolution approved if either of
the following conditions is met:
(1) Not less than 65 percent of the cotton growers certified by
the secretary who voted in the referendum, voted in favor, and that
those cotton growers so voting represent at least a majority of the
cotton producing acreage of all cotton growers who voted in the
referendum.
(2) At least a majority of those cotton growers who voted in the
referendum voted in favor and that those cotton growers so voting
represent not less than 65 percent of the cotton producing acreage of
all cotton growers who voted in the referendum. The secretary shall
then so certify to the board, which shall then make the approved
resolution effective as an order of the board within 10 days after
the certification by the secretary.
SEC. 78. Section 52892 of the Food and Agricultural Code is
amended to read:
52892. Upon implementation of Article 9.5 (commencing with
Section 52951), the powers and duties of the board shall also
include, but not be limited to, all of the following:
(a) To adopt, and from time to time alter, rescind, modify, and
amend, all proper and necessary rules, regulations, and orders for
carrying out the provisions of this chapter and for exercising its
powers and the performance of its duties, including rules for
regulation of appeals from any rule, regulation, or order of the
board.
(b) To administer and enforce this chapter, and to do and perform
all acts and exercise all powers incidental to or in connection with
or deemed reasonably necessary, proper, or advisable to effectuate
the purposes of this chapter.
(c) To employ a manager to serve, at the pleasure of the board, as
president and chief executive officer of the board and other
personnel, including legal counsel, that are necessary to carry out
the provisions of this chapter.
(d) To establish offices and incur expense, and to enter into any
and all contracts and agreements, and to create such liabilities and
borrow such funds in advance of receipt of assessments as may be
necessary, in the opinion of the board, for the proper administration
and enforcement of this chapter and the performance of its duties.
(e) To promote the sale of cotton by advertising and other
promotional means for the purpose of maintaining and expanding
present markets and creating new and larger intrastate, interstate,
and foreign markets for cotton.
(f) To enter into cost-sharing advertising with other products
considered, by the board, to be fair and equitable to both parties.
(g) In the discretion of the board, to make, in the name of the
board, contracts to render service in formulating and conducting
plans and programs, and other contracts or agreements deemed
necessary for the promotion of the sale of cotton.
(h) In the discretion of the board, to conduct, and contract with
others to conduct, scientific research, including the study,
analysis, dissemination, and accumulation of information obtained
from that research or elsewhere regarding the marketing and
production of cotton. In connection with that research, the board
shall have the power to accept contributions of, or to match,
private, state, or federal funds that may be available for those
purposes, and to employ or make contributions of funds to other
persons or state or federal agencies conducting that research.
(i) In the discretion of the board, to publish and distribute,
without charge, a bulletin or other communication for dissemination
of information relating to the cotton industry to growers and other
industry members.
SEC. 79. Section 52931 of the Food and Agricultural Code is
amended to read:
52931. A referendum of all cotton growers within the district
shall be conducted if a petition, signed by not less than 5 percent
of the cotton growers in the district, is submitted to the secretary,
which calls for a referendum pertaining to the operation of this
chapter.
SEC. 80. Section 52932 of the Food and Agricultural Code is
amended to read:
52932. This chapter shall remain operative if either of the
following conditions is met:
(a) Not less than 65 percent of the cotton growers certified by
the secretary who voted in the referendum, voted in favor of this
chapter, and those cotton growers so voting represent at least a
majority of the cotton producing acreage of all cotton growers who
voted in the referendum.
(b) At least a majority of those cotton growers who voted in the
referendum voted in favor of this chapter and those cotton growers so
voting represent not less than 65 percent of the cotton producing
acreage of all cotton growers who voted in the referendum.
SEC. 81. Section 8206 of the Government Code is amended to read:
8206. (a) (1) A notary public shall keep one active sequential
journal at a time, of all official acts performed as a notary public.
The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the
journal shall be cause for the Secretary of State to take
administrative action against the commission held by the notary
public pursuant to Section 8214.1.
(2) The journal shall be in addition to, and apart from, any
copies of notarized documents that may be in the possession of the
notary public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed,
acknowledged, or proved before the notary.
(C) The signature of each person whose signature is being
notarized.
(D) A statement as to whether the identity of a person making an
acknowledgment or taking an oath or affirmation was based on
satisfactory evidence. If identity was established by satisfactory
evidence pursuant to Section 1185 of the Civil Code, the journal
shall contain the signature of the credible witness swearing or
affirming to the identity of the individual or the type of
identifying document, the governmental agency issuing the document,
the serial or identifying number of the document, and the date of
issue or expiration of the document.
(E) If the identity of the person making the acknowledgment or
taking the oath or affirmation was established by the oaths or
affirmations of two credible witnesses whose identities are proven to
the notary public by presentation of any document satisfying the
requirements of paragraph (3) or (4) of subdivision (b) of Section
1185 of the Civil Code, the notary public shall record in the journal
the type of documents identifying the witnesses, the identifying
numbers on the documents identifying the witnesses, and the dates of
issuance or expiration of the documents identifying the witnesses.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed,
deed of trust affecting real property, or a power of attorney
document, the notary public shall require the party signing the
document to place his or her right thumbprint in the journal. If the
right thumbprint is not available, then the notary shall have the
party use his or her left thumb, or any available finger and shall so
indicate in the journal. If the party signing the document is
physically unable to provide a thumbprint or fingerprint, the notary
shall so indicate in the journal and shall also provide an
explanation of that physical condition. This paragraph shall not
apply to a trustee's deed resulting from a decree of foreclosure or a
nonjudicial foreclosure pursuant to Section 2924 of the Civil Code,
nor to a deed of reconveyance.
(b) If a sequential journal of official acts performed by a notary
public is stolen, lost, misplaced, destroyed, damaged, or otherwise
rendered unusable as a record of notarial acts and information, the
notary public shall immediately notify the Secretary of State by
certified or registered mail. The notification shall include the
period of the journal entries, the notary public commission number,
and the expiration date of the commission, and when applicable, a
photocopy of any police report that specifies the theft of the
sequential journal of official acts.
(c) Upon written request of any member of the public, which
request shall include the name of the parties, the type of document,
and the month and year in which notarized, the notary shall supply a
photostatic copy of the line item representing the requested
transaction at a cost of not more than thirty cents ($0.30) per page.
(d) The journal of notarial acts of a notary public is the
exclusive property of that notary public, and shall not be
surrendered to an employer upon termination of employment, whether or
not the employer paid for the journal, or at any other time. The
notary public shall not surrender the journal to any other person,
except the county clerk, pursuant to Section 8209, or immediately, or
if the journal is not present then as soon as possible, upon request
to a peace officer investigating a criminal offense who has
reasonable suspicion to believe the journal contains evidence of a
criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of
the Penal Code, acting in his or her official capacity and within his
or her authority. If the peace officer seizes the notary journal, he
or she must have probable cause as required by the laws of this
state and the United States. A peace officer or law enforcement
agency that seizes a notary journal shall notify the Secretary of
State by facsimile within 24 hours, or as soon as possible
thereafter, of the name of the notary public whose journal has been
seized. The notary public shall obtain a receipt for the journal, and
shall notify the Secretary of State by certified mail within 10 days
that the journal was relinquished to a peace officer. The
notification shall include the period of the journal entries, the
commission number of the notary public, the expiration date of the
commission, and a photocopy of the receipt. The notary public shall
obtain a new sequential journal. If the journal relinquished to a
peace officer is returned to the notary public and a new journal has
been obtained, the notary public shall make no new entries in the
returned journal. A notary public who is an employee shall permit
inspection and copying of journal transactions by a duly designated
auditor or agent of the notary public's employer, provided that the
inspection and copying is done in the presence of the notary public
and the transactions are directly associated with the business
purposes of the employer. The notary public, upon the request of the
employer, shall regularly provide copies of all transactions that are
directly associated with the business purposes of the employer, but
shall not be required to provide copies of any transaction that is
unrelated to the employer's business. Confidentiality and safekeeping
of any copies of the journal provided to the employer shall be the
responsibility of that employer.
(e) The notary public shall provide the journal for examination
and copying in the presence of the notary public upon receipt of a
subpoena duces tecum or a court order, and shall certify those copies
if requested.
(f) Any applicable requirements of, or exceptions to, state and
federal law shall apply to a peace officer engaged in the search or
seizure of a sequential journal.
SEC. 82. Section 8299.01 of the Government Code is amended to
read:
8299.01. (a) There shall be established in the state government,
on or before May 1, 2009, the California Commission on Disability
Access. The commission shall consist of 11 public members, and six ex
officio nonvoting members, appointed as follows:
(1) Two public members appointed by the Senate Committee on Rules,
with one appointee from the business community and one appointee
from the disability community. The Senate Committee on Rules shall
request and consider nominations from the business community and the
disability community for these appointments.
(2) Two public members appointed by the Speaker of the Assembly,
with one appointee from the business community and one appointee from
the disability community. The Speaker of the Assembly shall request
and consider nominations from the business community and the
disability community for these appointments.
(3) Seven public members appointed by the Governor, with the
consent of the Senate. Four of the Governor's appointees shall be
from the disability community. Three appointees shall be from the
business community, including an appointee representative from the
California Business Properties Association. The Governor shall
request and consider nominations from the business community and the
disability community for these appointments.
(4) The State Architect, or his or her representative, as a
nonvoting ex officio member.
(5) The Attorney General, or his or her representative, as a
nonvoting ex officio member.
(6) Two members of the Senate, appointed by the Senate Committee
on Rules as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(7) Two members of the Assembly, appointed by the Speaker of the
Assembly, as nonvoting ex officio members. One member shall be from
the majority party, and one member shall be from the minority party.
(b) It is the intent of this section that the commission shall be
broadly representative of the ethnic, gender, and racial diversity of
the population of California. It is further the intent of this
section that both of the following apply:
(1) The appointees from the disability community shall be persons
with a disability relating to, but not limited to, vision, hearing,
mobility, breathing, speech, cognitive, cardiac, emotional,
developmental, learning, psychological, or immunological
disabilities.
(2) The commission recruitment and appointment process shall
engage in identifying qualified disability community representatives
who should possess elements of the following qualifications:
(A) Identify as people with disabilities, activity limitations, or
both.
(B) Have personal experience with disability and disability
advocacy and the ability to speak broadly on disability access
issues.
(C) Are knowledgeable about cross-disability access issues,
including, but not limited to, hearing, vision, mobility, speech, and
cognitive limitations.
(D) Are knowledgeable about a variety of physical, communication,
and program access issues.
(E) Are involved with segments of national, state, or local
constituencies of the disability community, such as active
involvement in broad-based disability organizations.
(F) Have in place and use communication networks to facilitate
communication with the segments of the disability community they are
representing, including, but not limited to, segments of diverse
ethnic, cultural, sex, sexual orientation, age, and linguistic
communities that are representative of the diverse population of
Californians with disabilities.
(c) Public members shall be appointed for three-year terms, except
that, with respect to the initial appointees, the Governor shall
appoint three members for a one-year term, two members for a two-year
term, and two members for a three-year term. The Senate Committee on
Rules and the Speaker of the Assembly shall each initially appoint
one member for a two-year term and one member for a three-year term.
Public members may be reappointed for additional terms.
(d) Vacancies shall be filled by the appointing authority for the
unexpired portion of the terms.
SEC. 83. Section 8879.73 of the Government Code is amended to
read:
8879.73. (a) To distribute funds from the Uniform Developer Fees
Subaccount to eligible applicants, as defined in paragraph (2) of
subdivision (a) of Section 8879.71, the commission shall administer a
competitive grant application program pursuant to this section.
(b) Under this section, each fiscal year in which funds are
appropriated for the program shall constitute a funding cycle. To
ensure that as many eligible applicants as possible may benefit from
the competitive portion of the program, no single project shall
receive more than one million dollars ($1,000,000) in a single
funding cycle in which program funds are allocated by the commission.
(c) Each eligible applicant desiring to participate in the program
in any funding cycle under this section shall submit to the
commission all of the following:
(1) A description of the eligible project nominated for funding,
including a description of the project's cost, scope, and specific
improvements and benefits it is anticipated to achieve.
(2) A description of the project's current status, including the
phase of delivery the project is in at the time it is nominated for
funding and a schedule for the project's completion.
(3) A description of the ways in which the project would support
transportation and land use planning goals within the region.
(4) The amount of eligible local matching funds the applicant is
committing to the project.
(5) The amount of program funds the applicant seeks from the
program for the project.
(d) The commission shall review nominated projects under this
section and their accompanying documentation to ensure that each
nominated project meets the requirements of this article and to
confirm that each project has a commitment of the requisite amount of
eligible local matching funds as required in this article. Upon
conducting the review of the requirements and determining the
proposed projects to be in compliance with this article, the projects
shall be deemed eligible.
(e) The commission shall adopt a program of projects under this
section that is geographically balanced and provides cost-effective
and multimodal safety, reliability, and environmental benefits. In
allocating funds to specific projects, the commission shall give
priority to projects that can do any of the following:
(1) Commence construction or implementation of the project in a
manner to provide the public benefit at the earliest possible date.
(2) Enhance the leveragability of bond funds by utilizing a higher
proportion of nonbond funds toward a project's total cost than is
otherwise required by this article.
(3) Demonstrate quantifiable air quality improvements, including,
but not limited to, a demonstration that the project can result in a
significant reduction in vehicle-miles traveled.
SEC. 84. Section 8880.321 of the Government Code is amended to
read:
8880.321. The commission shall promulgate regulations to
establish a system of verifying the validity of prizes and to effect
payment of the prizes, provided that:
(a) For convenience of the public, lottery game retailers may be
authorized by the commission to pay winners of up to six hundred
dollars ($600) after performing validation procedures on their
premises appropriate to the lottery game involved.
(b) No prize may be paid arising from tickets or shares that are
stolen, counterfeit, altered, fraudulent, unissued, produced or
issued in error, unreadable, not received or not recorded by the
lottery by applicable deadlines, lacking in captions that confirm and
agree with the lottery play symbols required by the lottery game
involved, purchased by a minor, or not in compliance with additional
specific rules and regulations and confidential validation and
security tests appropriate to the particular lottery game. The
lottery may pay a prize even though the actual winning ticket is not
received by the lottery if the lottery validates the claim for the
prize based upon substantial proof. "Substantial proof" means any
evidence that would permit the lottery to use established validation
procedures, as specified in lottery regulations, to validate the
claim.
The commission may require that any form relating to a claim for a
prize shall be signed under penalty of perjury. This declaration
shall meet the requirements of Section 2015.5 of the Code of Civil
Procedure.
(c) No particular prize in any lottery game shall be paid more
than once.
(d) The commission may specify that winners of less than
twenty-five dollars ($25) claim the prizes from either the same
lottery game retailer from whom the ticket or share was purchased or
from the lottery itself.
(e) Players shall have the right to claim prize money for 180 days
after the drawing or the end of the lottery game or play in which
the prize was won. The commission may define shorter time periods for
eligibility for participation in, and entry into, drawings involving
entries or finalists. If a valid claim is not made for a prize
directly payable by the commission or for any online game prize
within the period applicable for that prize, the unclaimed prize
money shall be treated as set forth in subdivision (a) of Section
8880.4 or, commencing with the 2009-10 fiscal year, be treated as
total revenues as set forth in Section 8880.4.5.
(f) After the expiration of the claim period for prizes for each
lottery game, the commission shall make available a detailed
tabulation of the total number of tickets or shares actually sold in
a lottery game and the total number of prizes of each prize
denomination that were actually claimed and paid directly by the
commission.
(g) A ticket or share shall not be purchased by, and a prize shall
not be paid to, a member of the commission, any officer or employee
of the commission, any officer or employee of the Controller who is
designated in writing by the Controller as having possible access to
confidential lottery information, programs, or systems, or any
spouse, child, brother, sister, or parent of that person who resides
within the same household of the person. Any person who knowingly
sells or purchases a ticket or share in violation of this section, or
who knowingly claims or attempts to claim a prize with a ticket or
share that was purchased or sold in violation of this section, is
guilty of a misdemeanor.
(h) No prize shall be paid to any person under the age of 18
years. Any person who knowingly claims or attempts to claim a prize
with a ticket or share purchased by a person under the age of 18
years is guilty of a misdemeanor.
SEC. 85. Section 11011.1 of the Government Code is amended to
read:
11011.1. (a) Notwithstanding any other provision of law, except
Article 8.5 (commencing with Section 54235) of Chapter 5 of Part 1 of
Division 2 of Title 5, the disposal of surplus state real property
by the Department of General Services shall be subject to the
requirements of this section. For purposes of this section, "surplus
state real property" means real property declared surplus by the
Legislature and directed to be disposed of by the Department of
General Services, including any real property previously declared
surplus by the Legislature but not yet disposed of by the Department
of General Services prior to the enactment of this section.
(b) (1) The department may dispose of surplus state real property
by sale, lease, exchange, a sale combined with an exchange, or other
manner of disposition of property, as authorized by the Legislature,
upon any terms and conditions and subject to any reservations and
exceptions the department deems to be in the best interests of the
state.
(2) (A) The Legislature finds and declares that the provision of
decent housing for all Californians is a state goal of the highest
priority. The disposal of surplus state real property is a direct and
substantial public purpose of statewide concern and will serve an
important public purpose, including mitigating the environmental
effects of state activities. Therefore, it is the intent of the
Legislature that priority be given, as specified in this section, to
the disposal of surplus state real property to housing for persons
and families of low or moderate income, where land is suitable for
housing and there is a need for housing in the community.
(B) Surplus state real property that has been determined by the
department not to be needed by any state agency shall be offered to
any local agency, as defined in subdivision (a) of Section 54221, and
then to nonprofit affordable housing sponsors, prior to being
offered for sale to private entities or individuals. As used in this
subdivision, "nonprofit affordable housing sponsor" means any of the
following:
(i) A nonprofit corporation incorporated pursuant to Division 2
(commencing with Section 5000) of Title 1 of the Corporations Code.
(ii) A cooperative housing corporation which is a stock
cooperative, as defined by Section 11003.2 of the Business and
Professions Code.
(iii) A limited-dividend housing corporation.
(C) The department, subject to this section, shall maintain a list
of surplus state real property in a conspicuous place on its
Internet Web site. The department shall provide local agencies and,
upon request, members of the public, with electronic notification of
updates to the list of properties.
(D) To be considered as a potential priority buyer of the surplus
state real property, a local agency or nonprofit affordable housing
sponsor shall notify the department of its interest in the surplus
state real property within 90 days of the department posting on its
Internet Web site the notice of the availability of the surplus state
real property. The local agency or nonprofit affordable housing
sponsor shall demonstrate, to the satisfaction of the department,
that the surplus state real property, or portion of that surplus
state real property, is to be used by the local agency or nonprofit
affordable housing sponsor for open space, public parks, affordable
housing projects, or development of local government-owned
facilities. When more than one local agency expresses an interest in
the surplus state real property, priority shall be given to the local
agency that intends to use the surplus state real property for
affordable housing. If no agreement or transfer of title occurs, the
priority shall next be given to the local agency that intends to use
the surplus state real property for open space, public parks, or
development of local government-owned facilities. The sales agreement
shall be executed by the local agency or nonprofit affordable
housing sponsor within 60 days after the director determines the
local agency or nonprofit affordable housing sponsor is to receive
the surplus state real property. The sale of the surplus state real
property to a local agency or nonprofit affordable housing sponsor
pursuant to this section shall be completed, and title transferred,
within 60 days of the date the department executes the sales
agreement, or, if required by law, no later than 60 days after the
State Public Works Board has authorized the sale. If the sale of a
surplus state real property to a local agency or nonprofit affordable
housing sponsor is not completed within the timeframe specified in
this subparagraph, then the department shall proceed with the process
for disposal to other private entities or individuals.
(c) (1) If more than one local agency desires the surplus state
real property for use as an open space, a public park, or the
development of a local government-owned facility, the department
shall transfer the surplus state real property to the local agency
offering the highest price above fair market value. If more than one
local agency desires the surplus state real property for use as an
affordable housing project, the department shall transfer the surplus
state real property to the local agency offering the greatest number
of affordable housing units. If more than one nonprofit affordable
housing sponsor desires the surplus state real property for use as an
affordable housing project, the department shall transfer the
surplus state real property to the nonprofit affordable housing
sponsor offering the greatest number of affordable housing units.
(2) If no local agency or nonprofit affordable housing sponsor is
interested, or an agreement, as provided above, is not reached, then
the disposal of the surplus state real property to private entities
or individuals shall be pursuant to a public bidding process designed
to obtain the highest most certain return for the state from a
responsible bidder, and any transaction based on such a bidding
process shall be deemed to be the fair market value for the purposes
of the reporting requirements pursuant to subdivision (d).
(3) Notwithstanding any other provision of law, the department may
sell surplus state real property, or a portion of surplus state real
property, to a local agency, or to a nonprofit affordable housing
sponsor if no local agency is interested in the surplus state real
property, for affordable housing projects at a sales price less than
fair market value if the department determines that such a discount
will enable the provision of housing for persons and families of low
or moderate income. Nothing shall preclude a local agency that
purchases the surplus state real property for affordable housing from
reconveying the surplus state real property to a nonprofit
affordable housing sponsor for development of affordable housing.
Transfer of title to the surplus state real property or lease of the
surplus state real property for affordable housing shall be
conditioned upon continued use of the surplus state real property as
housing for persons and families of low and moderate income for at
least 40 years and the department shall record a regulatory agreement
that imposes affordability covenants, conditions, and restrictions
on the surplus state real property. The regulatory agreement shall be
a first priority lien on the surplus state real property and last
for a period of at least 40 years, and if another state agency is
lending funds for a project, a combined regulatory agreement shall be
utilized. Notwithstanding any other provision of law, the regulatory
agreement shall not be subordinated to any other lien or encumbrance
except for any federal loan program whose statutes or regulations
require a first lien priority for that federal loan.
(4) Notwithstanding any other provision of law, the Director of
General Services may transfer surplus state real property to a local
agency for less than fair market value if the local agency uses the
surplus state real property for parks or open-space purposes. The
deed or other instrument of transfer shall provide that the surplus
state real property would revert to the state if the use changed to a
use other than parks or open-space purposes during the period of 25
years after the transfer date. For the purpose of this paragraph,
"open-space purposes" means the use of land for public recreation,
enjoyment of scenic beauty, or conservation or use of natural
resources.
(d) Thirty days prior to executing a transaction for a sale,
lease, exchange, a sale combined with an exchange, or other manner of
disposition of the surplus state real property for less than fair
market value or for affordable housing, or as authorized by the
Legislature, the Director of General Services shall report to the
chairpersons of the fiscal committees of the Legislature all of the
following:
(1) The financial terms of the transaction.
(2) A comparison of fair market value for the surplus state real
property and the terms listed in paragraph (1).
(3) The basis for agreeing to terms and conditions other than fair
market value.
(e) As to surplus state real property sold and or exchanged
pursuant to this section, the director shall except and reserve to
the state all mineral deposits, as defined in Section 6407 of the
Public Resources Code, together with the right to prospect for, mine,
and remove the deposits. If, however, the director determines that
there is little or no potential for mineral deposits, the reservation
may be without surface right of entry above a depth of 500 feet, or
the rights to prospect for, mine, and remove the deposits shall be
limited to those areas of the surplus state real property conveyed
that the director determines to be reasonably necessary for the
removal of the deposits.
(f) The failure to comply with this section, except for
subdivision (d), shall not invalidate the transfer or conveyance of
surplus state real property to a purchaser for value.
(g) For purposes of this section, fair market value is established
by an appraisal and economic evaluation conducted by the department
or approved by the department.
SEC. 86. Section 14679 of the Government Code is amended to read:
14679. (a) A parking facility under the jurisdiction or control
of a state agency, that is available to private persons who desire to
conduct business with the state agency, shall reserve for the
exclusive use of any vehicle that displays either a special
identification license plate issued pursuant to Section 5007 of the
Vehicle Code, or a distinguishing placard issued pursuant to Section
22511.55 or 22511.59 of the Vehicle Code, a minimum of one parking
space for up to 25 spaces, and additional parking spaces pursuant to
Section 1129B of Part 2 of Title 24 of the California Code of
Regulations.
(1) (A) The space or spaces shall be reserved by posting
immediately adjacent to and visible from such space or spaces a sign
consisting of a profile view of a wheelchair with occupant in white
on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250," pursuant to Section 42001.13 of the
Vehicle Code, imposed upon a person parking or leaving standing a
vehicle in a stall or space designated for the use of disabled
persons and disabled veterans, unless a special license plate issued
pursuant to Section 5007 of the Vehicle Code or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59 of the
Vehicle Code is displayed on the vehicle. This subparagraph applies
only to signs for parking spaces constructed on or after July 1,
2008, and signs that are replaced on or after July 1, 2008, or as the
State Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(2) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008, or as
the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(b) If no parking facility under the jurisdiction and control of a
state agency is available to private persons who desire to conduct
business with the state agency, the state agency shall request the
local authority having jurisdiction over streets immediately adjacent
to the property of the state agency to provide parking spaces for
the use of disabled persons and disabled veterans pursuant to Section
22511.7 of the Vehicle Code.
(c) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450, as
appropriate, conforming regulations to ensure compliance with
subparagraph (B) of paragraph (1) of subdivision (a) and paragraph
(2) of subdivision (a). Initial regulations to implement these
provisions shall be adopted as emergency regulations. The adoption of
these regulations shall be considered by the Department of General
Services to be an emergency necessary for the immediate preservation
of the public peace, health and safety, or general welfare.
SEC. 87. Section 31485.14 of the Government Code is amended to
read:
31485.14. All distributions of benefits provided under this
chapter shall comply with the requirements of Section 401(a)(9) of
Title 26 of the United States Code that are applicable to public
employee plans, including, but not limited to, requirements relating
to the following:
(a) The time that benefit payments begin, including benefit
payments paid after the death of a member.
(b) The form of distribution of benefits.
(c) Incidental death benefits.
SEC. 88. Section 53075.9 of the Government Code is amended to
read:
53075.9. (a) Every taxicab transportation service shall include
the number of its certificate, license, or permit in every written or
oral advertisement of the services it offers.
(b) For purposes of this subdivision, "advertisement" includes,
but is not limited to, the issuance of any card, sign, or device to
any person, the causing, permitting, or allowing the placement of any
sign or marking on or in any building or structure, or in any media
form, including newspaper, magazine, radiowave, satellite signal, or
any electronic transmission, or in any directory soliciting taxicab
transportation services subject to this chapter.
(c) Whenever the local agency, after a hearing, finds that any
person or corporation is operating as a taxicab transportation
service without a valid certificate, license, or permit or fails to
include in any written or oral advertisement the number required by
subdivision (a), the local agency may impose a fine of not more than
five thousand dollars ($5,000) for each violation. The local agency
may assess the person or corporation an amount sufficient to cover
the reasonable expense of investigation incurred by the local agency.
The local agency may assess interest on any fine or assessment
imposed, to commence on the day the payment of the fine or assessment
becomes delinquent. All fines, assessments, and interest collected
shall be deposited at least once each month in a fund established for
the purpose of enforcing this section.
(d) For purposes of this section, "local agency" has the same
meaning as specified in subdivision (b) of Section 53075.7.
SEC. 89. Section 65080 of the Government Code is amended to read:
65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term and
long-term future, and shall present clear, concise policy guidance
to local and state officials. The regional transportation plan shall
consider factors specified in Section 134 of Title 23 of the United
States Code. Each transportation planning agency shall consider and
incorporate, as appropriate, the transportation plans of cities,
counties, districts, private organizations, and state and federal
agencies.
(b) The regional transportation plan shall be an internally
consistent document and shall include all of the following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may quantify a
set of indicators including, but not limited to, all of the
following:
(A) Measures of mobility and traffic congestion, including, but
not limited to, daily vehicle hours of delay per capita and vehicle
miles traveled per capita.
(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.
(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of the
following:
(i) Single occupant vehicle.
(ii) Multiple occupant vehicle or carpool.
(iii) Public transit including commuter rail and intercity rail.
(iv) Walking.
(v) Bicycling.
(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).
(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.
(F) The requirements of this section may be met utilizing
existing sources of information. No additional traffic counts,
household surveys, or other sources of data shall be required.
(2) A sustainable communities strategy prepared by each
metropolitan planning organization as follows:
(A) No later than September 30, 2010, the State Air Resources
Board shall provide each affected region with greenhouse gas emission
reduction targets for the automobile and light truck sector for 2020
and 2035, respectively.
(i) No later than January 31, 2009, the state board shall appoint
a Regional Targets Advisory Committee to recommend factors to be
considered and methodologies to be used for setting greenhouse gas
emission reduction targets for the affected regions. The committee
shall be composed of representatives of the metropolitan planning
organizations, affected air districts, the League of California
Cities, the California State Association of Counties, local
transportation agencies, and members of the public, including
homebuilders, environmental organizations, planning organizations,
environmental justice organizations, affordable housing
organizations, and others. The advisory committee shall transmit a
report with its recommendations to the state board no later than
September 30, 2009. In recommending factors to be considered and
methodologies to be used, the advisory committee may consider any
relevant issues, including, but not limited to, data needs, modeling
techniques, growth forecasts, the impacts of regional jobs-housing
balance on interregional travel and greenhouse gas emissions,
economic and demographic trends, the magnitude of greenhouse gas
reduction benefits from a variety of land use and transportation
strategies, and appropriate methods to describe regional targets and
to monitor performance in attaining those targets. The state board
shall consider the report prior to setting the targets.
(ii) Prior to setting the targets for a region, the state board
shall exchange technical information with the metropolitan planning
organization and the affected air district. The metropolitan planning
organization may recommend a target for the region. The metropolitan
planning organization shall hold at least one public workshop within
the region after receipt of the report from the advisory committee.
The state board shall release draft targets for each region no later
than June 30, 2010.
(iii) In establishing these targets, the state board shall take
into account greenhouse gas emission reductions that will be achieved
by improved vehicle emission standards, changes in fuel composition,
and other measures it has approved that will reduce greenhouse gas
emissions in the affected regions, and prospective measures the state
board plans to adopt to reduce greenhouse gas emissions from other
greenhouse gas emission sources as that term is defined in
subdivision (i) of Section 38505 of the Health and Safety Code and
consistent with the regulations promulgated pursuant to the
California Global Warming Solutions Act of 2006 (Division 12.5
(commencing with Section 38500) of the Health and Safety Code).
(iv) The state board shall update the regional greenhouse gas
emission reduction targets every eight years consistent with each
metropolitan planning organization's timeframe for updating its
regional transportation plan under federal law until 2050. The state
board may revise the targets every four years based on changes in the
factors considered under clause (iii) above. The state board shall
exchange technical information with the Department of Transportation,
metropolitan planning organizations, local governments, and affected
air districts and engage in a consultative process with public and
private stakeholders prior to updating these targets.
(v) The greenhouse gas emission reduction targets may be expressed
in gross tons, tons per capita, tons per household, or in any other
metric deemed appropriate by the state board.
(B) Each metropolitan planning organization shall prepare a
sustainable communities strategy, subject to the requirements of Part
450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal
Regulations, including the requirement to utilize the most recent
planning assumptions considering local general plans and other
factors. The sustainable communities strategy shall (i) identify the
general location of uses, residential densities, and building
intensities within the region, (ii) identify areas within the region
sufficient to house all the population of the region, including all
economic segments of the population, over the course of the planning
period of the regional transportation plan taking into account net
migration into the region, population growth, household formation and
employment growth, (iii) identify areas within the region sufficient
to house an eight-year projection of the regional housing need for
the region pursuant to Section 65584, (iv) identify a transportation
network to service the transportation needs of the region, (v) gather
and consider the best practically available scientific information
regarding resource areas and farmland in the region as defined in
subdivisions (a) and (b) of Section 65080.01, (vi) consider the state
housing goals specified in Sections 65580 and 65581, (vii) set forth
a forecasted development pattern for the region, which, when
integrated with the transportation network, and other transportation
measures and policies, will reduce the greenhouse gas emissions from
automobiles and light trucks to achieve, if there is a feasible way
to do so, the greenhouse gas emission reduction targets approved by
the state board, and (viii) allow the regional transportation plan to
comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec.
7506). Within the jurisdiction of the Metropolitan Transportation
Commission, as defined by Section 66502, the Association of Bay Area
Governments shall be responsible for clauses (i), (ii), (iii), (v),
and (vi), the Metropolitan Transportation Commission shall be
responsible for clauses (iv) and (viii), and the Association of Bay
Area Governments and the Metropolitan Transportation Commission shall
jointly be responsible for clause (vii).
(C) In the region served by the multicounty transportation
planning agency described in Section 130004 of the Public Utilities
Code, a subregional council of governments and the county
transportation commission may work together to propose the
sustainable communities strategy and an alternative planning
strategy, if one is prepared pursuant to subparagraph (H), for that
subregional area. The metropolitan planning organization may adopt a
framework for a subregional sustainable communities strategy or a
subregional alternative planning strategy to address the
intraregional land use, transportation, economic, air quality, and
climate policy relationships. The metropolitan planning organization
shall include the subregional sustainable communities strategy for
that subregion in the regional sustainable communities strategy to
the extent consistent with this section and federal law and approve
the subregional alternative planning strategy, if one is prepared
pursuant to subparagraph (H), for that subregional area to the extent
consistent with this section. The metropolitan planning organization
shall develop overall guidelines, create public participation plans
pursuant to subparagraph (E), ensure coordination, resolve conflicts,
make sure that the overall plan complies with applicable legal
requirements, and adopt the plan for the region.
(D) The metropolitan planning organization shall conduct at least
two informational meetings in each county within the region for
members of the board of supervisors and city councils on the
sustainable communities strategy and alternative planning strategy,
if any. The metropolitan planning organization may conduct only one
informational meeting if it is attended by representatives of the
county board of supervisors and city council members representing a
majority of the cities representing a majority of the population in
the incorporated areas of that county. Notice of the meeting shall be
sent to the clerk of the board of supervisors and to each city
clerk. The purpose of the meeting shall be to present a draft of the
sustainable communities strategy to the members of the board of
supervisors and the city council members in that county and to
solicit and consider their input and recommendations.
(E) Each metropolitan planning organization shall adopt a public
participation plan, for development of the sustainable communities
strategy and an alternative planning strategy, if any, that includes
all of the following:
(i) Outreach efforts to encourage the active participation of a
broad range of stakeholder groups in the planning process, consistent
with the agency's adopted Federal Public Participation Plan,
including, but not limited to, affordable housing advocates,
transportation advocates, neighborhood and community groups,
environmental advocates, home builder representatives, broad-based
business organizations, landowners, commercial property interests,
and homeowner associations.
(ii) Consultation with congestion management agencies,
transportation agencies, and transportation commissions.
(iii) Workshops throughout the region to provide the public with
the information and tools necessary to provide a clear understanding
of the issues and policy choices. At least one workshop shall be held
in each county in the region. For counties with a population greater
than 500,000, at least three workshops shall be held. Each workshop,
to the extent practicable, shall include urban simulation computer
modeling to create visual representations of the sustainable
communities strategy and the alternative planning strategy.
(iv) Preparation and circulation of a draft sustainable
communities strategy and an alternative planning strategy, if one is
prepared, not less than 55 days before adoption of a final regional
transportation plan.
(v) At least three public hearings on the draft sustainable
communities strategy in the regional transportation plan and
alternative planning strategy, if one is prepared. If the
metropolitan transportation organization consists of a single county,
at least two public hearings shall be held. To the maximum extent
feasible, the hearings shall be in different parts of the region to
maximize the opportunity for participation by members of the public
throughout the region.
(vi) A process for enabling members of the public to provide a
single request to receive notices, information, and updates.
(F) In preparing a sustainable communities strategy, the
metropolitan planning organization shall consider spheres of
influence that have been adopted by the local agency formation
commissions within its region.
(G) Prior to adopting a sustainable communities strategy, the
metropolitan planning organization shall quantify the reduction in
greenhouse gas emissions projected to be achieved by the sustainable
communities strategy and set forth the difference, if any, between
the amount of that reduction and the target for the region
established by the state board.
(H) If the sustainable communities strategy, prepared in
compliance with subparagraph (B) or (C), is unable to reduce
greenhouse gas emissions to achieve the greenhouse gas emission
reduction targets established by the state board, the metropolitan
planning organization shall prepare an alternative planning strategy
to the sustainable communities strategy showing how those greenhouse
gas emission targets would be achieved through alternative
development patterns, infrastructure, or additional transportation
measures or policies. The alternative planning strategy shall be a
separate document from the regional transportation plan, but it may
be adopted concurrently with the regional transportation plan. In
preparing the alternative planning strategy, the metropolitan
planning organization:
(i) Shall identify the principal impediments to achieving the
targets within the sustainable communities strategy.
(ii) May include an alternative development pattern for the region
pursuant to subparagraphs (B) to (F), inclusive.
(iii) Shall describe how the greenhouse gas emission reduction
targets would be achieved by the alternative planning strategy, and
why the development pattern, measures, and policies in the
alternative planning strategy are the most practicable choices for
achievement of the greenhouse gas emission reduction targets.
(iv) An alternative development pattern set forth in the
alternative planning strategy shall comply with Part 450 of Title 23
of, and Part 93 of Title 40 of, the Code of Federal Regulations,
except to the extent that compliance will prevent achievement of the
greenhouse gas emission reduction targets approved by the state
board.
(v) For purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), an alternative planning strategy shall not constitute a land
use plan, policy, or regulation, and the inconsistency of a project
with an alternative planning strategy shall not be a consideration in
determining whether a project may have an environmental effect.
(I) (i) Prior to starting the public participation process adopted
pursuant to subparagraph (E), the metropolitan planning organization
shall submit a description to the state board of the technical
methodology it intends to use to estimate the greenhouse gas
emissions from its sustainable communities strategy and, if
appropriate, its alternative planning strategy. The state board shall
respond to the metropolitan planning organization in a timely manner
with written comments about the technical methodology, including
specifically describing any aspects of that methodology it concludes
will not yield accurate estimates of greenhouse gas emissions, and
suggested remedies. The metropolitan planning organization is
encouraged to work with the state board until the state board
concludes that the technical methodology operates accurately.
(ii) After adoption, a metropolitan planning organization shall
submit a sustainable communities strategy or an alternative planning
strategy, if one has been adopted, to the state board for review,
including the quantification of the greenhouse gas emission
reductions the strategy would achieve and a description of the
technical methodology used to obtain that result. Review by the state
board shall be limited to acceptance or rejection of the
metropolitan planning organization's determination that the strategy
submitted would, if implemented, achieve the greenhouse gas emission
reduction targets established by the state board. The state board
shall complete its review within 60 days.
(iii) If the state board determines that the strategy submitted
would not, if implemented, achieve the greenhouse gas emission
reduction targets, the metropolitan planning organization shall
revise its strategy or adopt an alternative planning strategy, if not
previously adopted, and submit the strategy for review pursuant to
clause (ii). At a minimum, the metropolitan planning organization
must obtain state board acceptance that an alternative planning
strategy would, if implemented, achieve the greenhouse gas emission
reduction targets established for that region by the state board.
(J) Neither a sustainable communities strategy nor an alternative
planning strategy regulates the use of land, nor, except as provided
by subparagraph (I), shall either one be subject to any state
approval. Nothing in a sustainable communities strategy shall be
interpreted as superseding the exercise of the land use authority of
cities and counties within the region. Nothing in this section shall
be interpreted to limit the state board's authority under any other
provision of law. Nothing in this section shall be interpreted to
authorize the abrogation of any vested right whether created by
statute or by common law. Nothing in this section shall require a
city's or county's land use policies and regulations, including its
general plan, to be consistent with the regional transportation plan
or an alternative planning strategy. Nothing in this section requires
a metropolitan planning organization to approve a sustainable
communities strategy that would be inconsistent with Part 450 of
Title 23 of, or Part 93 of Title 40 of, the Code of Federal
Regulations and any administrative guidance under those regulations.
Nothing in this section relieves a public or private entity or any
person from compliance with any other local, state, or federal law.
(K) Nothing in this section requires projects programmed for
funding on or before December 31, 2011, to be subject to the
provisions of this paragraph if they (i) are contained in the 2007 or
2009 Federal Statewide Transportation Improvement Program, (ii) are
funded pursuant to Chapter 12.49 (commencing with Section 8879.20) of
Division 1 of Title 2, or (iii) were specifically listed in a ballot
measure prior to December 31, 2008, approving a sales tax increase
for transportation projects. Nothing in this section shall require a
transportation sales tax authority to change the funding allocations
approved by the voters for categories of transportation projects in a
sales tax measure adopted prior to December 31, 2010. For purposes
of this subparagraph, a transportation sales tax authority is a
district, as defined in Section 7252 of the Revenue and Taxation
Code, that is authorized to impose a sales tax for transportation
purposes.
(L) A metropolitan planning organization, or a regional
transportation planning agency not within a metropolitan planning
organization, that is required to adopt a regional transportation
plan not less than every five years, may elect to adopt the plan not
less than every four years. This election shall be made by the board
of directors of the metropolitan planning organization or regional
transportation planning agency no later than June 1, 2009, or
thereafter 54 months prior to the statutory deadline for the adoption
of housing elements for the local jurisdictions within the region,
after a public hearing at which comments are accepted from members of
the public and representatives of cities and counties within the
region covered by the metropolitan planning organization or regional
transportation planning agency. Notice of the public hearing shall be
given to the general public and by mail to cities and counties
within the region no later than 30 days prior to the date of the
public hearing. Notice of election shall be promptly given to the
Department of Housing and Community Development. The metropolitan
planning organization or the regional transportation planning agency
shall complete its next regional transportation plan within three
years of the notice of election.
(M) Two or more of the metropolitan planning organizations for
Fresno County, Kern County, Kings County, Madera County, Merced
County, San Joaquin County, Stanislaus County, and Tulare County may
work together to develop and adopt multiregional goals and policies
that may address interregional land use, transportation, economic,
air quality, and climate relationships. The participating
metropolitan planning organizations may also develop a multiregional
sustainable communities strategy, to the extent consistent with
federal law, or an alternative planning strategy for adoption by the
metropolitan planning organizations. Each participating metropolitan
planning organization shall consider any adopted multiregional goals
and policies in the development of a sustainable communities strategy
and, if applicable, an alternative planning strategy for its region.
(3) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all transportation
projects proposed for development during the 20-year or greater life
of the plan. The action element shall consider congestion management
programming activities carried out within the region.
(4) (A) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain recommendations
for allocation of funds. A county transportation commission created
pursuant to Section 130000 of the Public Utilities Code shall be
responsible for recommending projects to be funded with regional
improvement funds, if the project is consistent with the regional
transportation plan. The first five years of the financial element
shall be based on the five-year estimate of funds developed pursuant
to Section 14524. The financial element may recommend the development
of specified new sources of revenue, consistent with the policy
element and action element.
(B) The financial element of transportation planning agencies with
populations that exceed 200,000 persons may include a project cost
breakdown for all projects proposed for development during the
20-year life of the plan that includes total expenditures and related
percentages of total expenditures for all of the following:
(i) State highway expansion.
(ii) State highway rehabilitation, maintenance, and operations.
(iii) Local road and street expansion.
(iv) Local road and street rehabilitation, maintenance, and
operation.
(v) Mass transit, commuter rail, and intercity rail expansion.
(vi) Mass transit, commuter rail, and intercity rail
rehabilitation, maintenance, and operations.
(vii) Pedestrian and bicycle facilities.
(viii) Environmental enhancements and mitigation.
(ix) Research and planning.
(x) Other categories.
(C) The metropolitan planning organization or county
transportation agency, whichever entity is appropriate, shall
consider financial incentives for cities and counties that have
resource areas or farmland, as defined in Section 65080.01, for the
purposes of, for example, transportation investments for the
preservation and safety of the city street or county road system and
farm to market and interconnectivity transportation needs. The
metropolitan planning organization or county transportation agency,
whichever entity is appropriate, shall also consider financial
assistance for counties to address countywide service
responsibilities in counties that contribute toward the greenhouse
gas emission reduction targets by implementing policies for growth to
occur within their cities.
(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of
mobility for specific sectors of the community, including, but not
limited to, senior citizens.
(d) Except as otherwise provided in this subdivision, each
transportation planning agency shall adopt and submit, every four
years, an updated regional transportation plan to the California
Transportation Commission and the Department of Transportation. A
transportation planning agency located in a federally designated air
quality attainment area or that does not contain an urbanized area
may at its option adopt and submit a regional transportation plan
every five years. When applicable, the plan shall be consistent with
federal planning and programming requirements and shall conform to
the regional transportation plan guidelines adopted by the California
Transportation Commission. Prior to adoption of the regional
transportation plan, a public hearing shall be held after the giving
of notice of the hearing by publication in the affected county or
counties pursuant to Section 6061.
SEC. 89.5. The heading of Article 2.11 (commencing with Section
65892.13) of Chapter 4 of Division 1 of Title 7 of the Government
Code is repealed.
SEC. 90. Section 66704 of the Government Code is amended to read:
66704. The authority has, and may exercise, all powers, expressed
or implied, that are necessary to carry out the intent and purposes
of this title, including, but not limited to, the power to do all of
the following:
(a) (1) Levy a benefit assessment, special tax, or
property-related fee consistent with the requirements of Articles
XIII C and XIII D of the California Constitution, including, but not
limited to, a benefit assessment levied pursuant to paragraph (2),
except that a benefit assessment, special tax, or property-related
fee shall not be levied pursuant to this subdivision after December
31, 2028.
(2) The authority may levy a benefit assessment pursuant to any of
the following:
(A) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(B) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
(C) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(D) The Landscaping and Lighting Assessment Act of 1972 (Part 2
(commencing with Section 22500) of Division 15 of the Streets and
Highways Code), notwithstanding Section 22501 of the Streets and
Highways Code.
(E) Any other statutory authorization.
(b) Apply for and receive grants from federal and state agencies.
(c) Solicit and accept gifts, fees, grants, and allocations from
public and private entities.
(d) Issue revenue bonds for any of the purposes authorized by this
title pursuant to the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5).
(e) Incur bond indebtedness, subject to the following
requirements:
(1) The principal and interest of any bond indebtedness incurred
pursuant to this subdivision shall be paid and discharged prior to
January 1, 2029.
(2) For purposes of incurring bond indebtedness pursuant to this
subdivision, the authority shall comply with the requirements of
Article 11 (commencing with Section 5790) of Chapter 4 of Division 5
of the Public Resources Code except where those requirements are in
conflict with this provision. For purposes of this subdivision, all
references in Article 11 (commencing with Section 5790) of Chapter 4
of Division 5 of the Public Resources Code to a board of directors
shall mean the board and all references to a district shall mean the
authority.
(3) The total amount of indebtedness incurred pursuant to this
subdivision outstanding at any one time shall not exceed 10 percent
of the authority's total revenues in the preceding fiscal year.
(f) Receive and manage a dedicated revenue source.
(g) Deposit or invest
moneys of the authority in banks or financial institutions in the
state in accordance with state law.
(h) Sue and be sued, except as otherwise provided by law, in all
actions and proceedings, in all courts and tribunals of competent
jurisdiction.
(i) Engage counsel and other professional services.
(j) Enter into and perform all necessary contracts.
(k) Enter into joint powers agreements pursuant to the Joint
Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1).
( l ) Hire staff, define their qualifications and
duties, and provide a schedule of compensation for the performance of
their duties.
(m) Use interim or temporary staff provided by appropriate state
agencies or the Association of Bay Area Governments. A person who
performs duties as interim or temporary staff shall not be considered
an employee of the authority.
SEC. 91. Section 70321 of the Government Code is amended to read:
70321. (a) The Judicial Council, in consultation with the
superior court of each county and the county shall enter into
agreements regarding the transfer of responsibility for court
facilities from that county to the Judicial Council. The agreements
shall be executed no later than December 31, 2009. Transfer of
responsibility may occur not earlier than July 1, 2004, and not later
than December 31, 2009. On or before July 1, 2003, each county shall
designate those persons who shall negotiate the agreements on behalf
of the county and shall give the Judicial Council the names of those
persons. The name of a person designated by a county to negotiate on
its behalf may be changed by the county at any time by providing
written notice to the Judicial Council.
(b) (1) Notwithstanding any other provision of law and except as
provided in paragraph (2), any transfer agreement that is executed on
or after October 1, 2008, and on or before March 31, 2009, shall
contain a requirement that the county pay, in addition to the county
facility payment established pursuant to Article 5 (commencing with
Section 70351), a continuing amount from the date of transfer
calculated by multiplying the county facilities payment by the
percentage change in the National Implicit Price Deflator for State
and Local Government Purchases, as published by the Department of
Finance, for the fiscal year in which the transfer agreement is
executed as compared to the prior fiscal year.
(2) (A) Prior to September 30, 2008, the Administrative Office of
the Courts and a county may jointly declare all of the following:
(i) That extraordinary circumstances exist that have prohibited
successful execution of a transfer agreement.
(ii) That all relevant transfer documents have been timely
submitted and reviewed by the county.
(iii) That the failure to execute a transfer agreement prior to
September 30, 2008, is not caused by the action, inaction, or delay
on the part of the county.
(iv) That the agreement can reasonably be executed on or before
December 31, 2008.
(B) If that declaration is signed pursuant to subparagraph (A),
the application of the multiplier described in paragraph (1) shall be
tolled through December 31, 2008. If the transfer agreement is
executed by December 31, 2008, the multiplier shall not apply.
Justification for a joint declaration shall be limited to either of
the following:
(i) The failure to execute the transfer agreement was caused by
the action, inaction, or delay of a third party, or a party to the
transaction other than the county.
(ii) The Administrative Office of the Courts and the county have
agreed to pursue an alternative method for complying with a seismic
liability obligation under the provisions of Section 70324 and
failure to execute the transfer agreement was caused by unique
circumstances directly connected to the implementation of the
alternative method authorized by the section.
(3) In exercising the authority provided under paragraph (2), a
county shall not arbitrarily or capriciously request a joint
declaration without a good faith belief that the conditions for that
declaration are met, and the Administrative Office of the Courts
shall not arbitrarily or capriciously decline to sign a joint
declaration described in paragraph (2) if the conditions for that
declaration are otherwise met.
(4) Copies of any joint declarations described in paragraph (2)
will be transmitted upon their signing by both parties to the
chairpersons of the Senate and Assembly Committees on Budget,
Appropriations, and Judiciary.
(c) Notwithstanding any other provision of law, any transfer
agreement that is executed on or after April 1, 2009, shall contain a
requirement that the county pay, in addition to the county facility
payment established pursuant to Article 5 (commencing with Section
70351), a continuing amount from the date of transfer calculated by
multiplying the county facilities payment by the year-to-year
percentage change in the annual state appropriations limit as
described in Section 3 of Article XIII B of the California
Constitution for the year in which the transfer agreement is
executed.
SEC. 92. Section 70374 of the Government Code is amended to read:
70374. (a) The Judicial Council shall annually recommend to the
Governor and the Legislature the amount proposed to be spent for
projects paid for with moneys in the State Court Facilities
Construction Fund. The use of the appropriated moneys is subject to
subdivision (l) of Section 70391.
(b) Acquisition and construction of court facilities shall be
subject to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800) of Division 3 of Title 2) and the
Property Acquisition Law (Part 11 (commencing with Section 15850) of
Division 3 of Title 2), except that (1) notwithstanding any other
provision of law, the Administrative Office of the Courts shall serve
as an implementing agency upon approval of the Department of
Finance, and (2) the provisions of subdivision (e) shall prevail.
Acquisition and construction of facilities are not subject to the
provisions of the Public Contract Code, but shall be subject to
facilities contracting policies and procedures adopted by the
Judicial Council after consultation and review by the Department of
Finance.
(c) Moneys in the State Court Facilities Construction Fund shall
only be used for either of the following:
(1) The planning, design, construction, rehabilitation,
renovation, replacement, leasing, or acquisition of court facilities,
as defined by subdivision (d) of Section 70301.
(2) The rehabilitation of one or more existing court facilities in
conjunction with the construction, acquisition, or financing of one
or more new court facilities.
(d) (1) Except as provided in Section 70374.2 and paragraph (2) of
this subdivision, 25 percent of all moneys collected for the State
Court Facilities Construction Fund from any county shall be
designated for implementation of trial court projects in that county.
The Judicial Council shall determine the local projects after
consulting with the trial court in that county and based on the
locally approved trial court facilities master plan for that county.
(2) Paragraph (1) shall not apply to moneys that have been
deposited in the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5.
(e) The following provisions shall prevail over provisions of the
State Building Construction Act of 1955 (Part 10b (commencing with
Section 15800) of Division 3 of Title 2) in regard to buildings
subject to this section.
(1) The Administrative Office of the Courts shall be responsible
for the operation, including, but not limited to, the maintenance and
repair, of all court facilities whose title is held by the state.
Notwithstanding Section 15807, the operation of buildings under this
section shall be the responsibility of the Judicial Council.
(2) Notwithstanding Section 15808.1, the Judicial Council shall
have the responsibility for determining whether a building under the
act shall be located within or outside of an existing public transit
corridor.
(3) The buildings under this section are subject to Section
15814.12 concerning cogeneration and alternative energy sources at
the request of, or with the consent of, the Judicial Council. Any
building acquired by the state pursuant to this section on or before
July 1, 2007, is not subject to subdivision (b) of Section 15814.12
concerning the acquisition of cogeneration or alternative energy
equipment if the building, when acquired, already had cogeneration or
alternative energy equipment. Section 15814.17 only applies to
buildings to which the Judicial Council has given its consent under
subdivision (a) of Section 15814.12.
SEC. 93. Section 1760 of the Harbors and Navigation Code is
amended to read:
1760. (a) For purposes of this section, "council" means the
California Marine and Intermodal Transportation System Advisory
Council, a regional subunit of the Marine Transportation System
National Advisory Council chartered by the federal Secretary of
Transportation under the Federal Advisory Council Act (P.L. 92-463).
(b) The council is requested to do all of the following:
(1) Meet, hold public hearings, and compile data on issues that
include, but need not be limited to, all of the following:
(A) The projected growth of each maritime port in the state.
(B) The costs and benefits of developing a coordinated state
program to obtain federal funding for maritime port growth, security,
and congestion relief.
(C) Impacts of maritime port growth on the state's transportation
system.
(D) Air pollution caused by movement of goods through the state's
maritime ports, and proposed methods of mitigating or alleviating
that pollution.
(E) Maritime port security, including, but not limited to,
training, readiness, certification of port personnel, exercise
planning and conduct, and critical marine transportation system
infrastructure protection.
(F) A statewide plan for continuing operation of maritime ports in
cooperation with the United States Coast Guard, the federal
Department of Homeland Security, the California Emergency Management
Agency, and the California National Guard, consistent with the state'
s emergency management system and the national emergency management
system, in the event of a major incident or disruption of port
operations in one or more of the state's maritime ports.
(G) State marine transportation policy, legislation, and planning;
regional infrastructure project funding; competitiveness;
environmental impacts; port safety and security; and any other
matters affecting the marine transportation system of the United
States within, or affecting, the state.
(2) Identify all state agencies that are involved with the
development, planning, or coordination of maritime ports in the
state.
(3) Identify other states that have a statewide port master plan
and determine whether that plan has assisted those states in
improving their maritime ports.
(4) Compile all information obtained pursuant to paragraphs (1) to
(3), inclusive, and submit its findings in a report to the
Legislature not later than January 1, 2006. The report should
include, but need not be limited to, recommendations on methods to
better manage the growth of maritime ports and address the
environmental impacts of moving goods through those ports.
(c) The activities of the council pursuant to this section shall
not be funded with appropriations from the General Fund.
SEC. 94. Section 442.5 of the Health and Safety Code is amended to
read:
442.5. When a health care provider makes a diagnosis that a
patient has a terminal illness, the health care provider shall, upon
the patient's request, provide the patient with comprehensive
information and counseling regarding legal end-of-life care options
pursuant to this section. When a terminally ill patient is in a
health facility, as defined in Section 1250, the health care
provider, or medical director of the health facility if the patient's
health care provider is not available, may refer the patient to a
hospice provider or private or public agencies and community-based
organizations that specialize in end-of-life care case management and
consultation to receive comprehensive information and counseling
regarding legal end-of-life care options.
(a) If the patient indicates a desire to receive the information
and counseling, the comprehensive information shall include, but not
be limited to, the following:
(1) Hospice care at home or in a health care setting.
(2) A prognosis with and without the continuation of
disease-targeted treatment.
(3) The patient's right to refusal of or withdrawal from
life-sustaining treatment.
(4) The patient's right to continue to pursue disease-targeted
treatment, with or without concurrent palliative care.
(5) The patient's right to comprehensive pain and symptom
management at the end of life, including, but not limited to,
adequate pain medication, treatment of nausea, palliative
chemotherapy, relief of shortness of breath and fatigue, and other
clinical treatments useful when a patient is actively dying.
(6) The patient's right to give individual health care instruction
pursuant to Section 4670 of the Probate Code, which provides the
means by which a patient may provide written health care instruction,
such as an advance health care directive, and the patient's right to
appoint a legally recognized health care decisionmaker.
(b) The information described in subdivision (a) may, but is not
required to, be in writing. Health care providers may utilize
information from organizations specializing in end-of-life care that
provide information on factsheets and Internet Web sites to convey
the information described in subdivision (a).
(c) Counseling may include, but is not limited to, discussions
about the outcomes for the patient and his or her family, based on
the interest of the patient. Information and counseling, as described
in subdivision (a), may occur over a series of meetings with the
health care provider or others who may be providing the information
and counseling based on the patient's needs.
(d) The information and counseling sessions may include a
discussion of treatment options in a manner that the patient and his
or her family can easily understand. If the patient requests
information on the costs of treatment options, including the
availability of insurance and eligibility of the patient for
coverage, the patient shall be referred to the appropriate entity for
that information.
SEC. 95. Section 1266 of the Health and Safety Code is amended to
read:
1266. (a) The Licensing and Certification Division shall be
supported entirely by federal funds and special funds by no earlier
than the beginning of the 2009-10 fiscal year unless otherwise
specified in statute, or unless funds are specifically appropriated
from the General Fund in the annual Budget Act or other enacted
legislation. For the 2007-08 fiscal year, General Fund support shall
be provided to offset licensing and certification fees in an amount
of not less than two million seven hundred eighty-two thousand
dollars ($2,782,000).
(b) The Licensing and Certification Program fees for the 2006-07
fiscal year shall be as follows:
Type of Facility Fee
General Acute Care Hospitals $ 134.10 per bed
Acute Psychiatric Hospitals $ 134.10 per bed
Special Hospitals $ 134.10 per bed
Chemical Dependency Recovery
Hospitals $ 123.52 per bed
Skilled Nursing Facilities $ 202.96 per bed
Intermediate Care Facilities $ 202.96 per bed
Intermediate Care Facilities
- Developmentally Disabled $ 592.29 per bed
Intermediate Care Facilities
- Developmentally Disabled - per
Habilitative $1,000.00 facility
Intermediate Care Facilities
- Developmentally Disabled - per
Nursing $1,000.00 facility
Home Health Agencies per
$2,700.00 facility
Referral Agencies per
$5,537.71 facility
Adult Day Health Centers per
$4,650.02 facility
Congregate Living Health
Facilities $ 202.96 per bed
Psychology Clinics per
$ 600.00 facility
Primary Clinics - Community per
and Free $ 600.00 facility
Specialty Clinics - Rehab
Clinics per
(For profit) $2,974.43 facility
(Nonprofit) per
$ 500.00 facility
Specialty Clinics - Surgical per
and Chronic $1,500.00 facility
Dialysis Clinics per
$1,500.00 facility
Pediatric Day Health/Respite
Care $ 142.43 per bed
Alternative Birthing Centers per
$2,437.86 facility
Hospice per
$1,000.00 facility
Correctional Treatment Centers $ 590.39 per bed
(c) Commencing February 1, 2007, and every February 1 thereafter,
the department shall publish a list of estimated fees pursuant to
this section. The calculation of estimated fees and the publication
of the report and list of estimated fees shall not be subject to the
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) By February 1 of each year, the department shall prepare the
following reports and shall make those reports, and the list of
estimated fees required to be published pursuant to subdivision (c),
available to the public by submitting them to the Legislature and
posting them on the department's Internet Web site:
(1) The department shall prepare a report of all costs for
activities of the Licensing and Certification Program. At a minimum,
this report shall include a narrative of all baseline adjustments and
their calculations, a description of how each category of facility
was calculated, descriptions of assumptions used in any calculations,
and shall recommend Licensing and Certification Program fees in
accordance with the following:
(A) Projected workload and costs shall be grouped for each fee
category.
(B) Cost estimates, and the estimated fees, shall be based on the
appropriation amounts in the Governor's proposed budget for the next
fiscal year, with and without policy adjustments to the fee
methodology.
(C) The allocation of program, operational, and administrative
overhead, and indirect costs to fee categories shall be based on
generally accepted cost allocation methods. Significant items of
costs shall be directly charged to fee categories if the expenses can
be reasonably identified to the fee category that caused them.
Indirect and overhead costs shall be allocated to all fee categories
using a generally accepted cost allocation method.
(D) The amount of federal funds and General Fund moneys to be
received in the budget year shall be estimated and allocated to each
fee category based upon an appropriate metric.
(E) The fee for each category shall be determined by dividing the
aggregate state share of all costs for the Licensing and
Certification Program by the appropriate metric for the category of
licensure. Amounts actually received for new licensure applications,
including change of ownership applications, and late payment
penalties, pursuant to Section 1266.5, during each fiscal year shall
be calculated and 95 percent shall be applied to the appropriate fee
categories in determining Licensing and Certification Program fees
for the second fiscal year following receipt of those funds. The
remaining 5 percent shall be retained in the fund as a reserve until
appropriated.
(2) (A) The department shall prepare a staffing and systems
analysis to ensure efficient and effective utilization of fees
collected, proper allocation of departmental resources to licensing
and certification activities, survey schedules, complaint
investigations, enforcement and appeal activities, data collection
and dissemination, surveyor training, and policy development.
(B) The analysis under this paragraph shall be made available to
interested persons and shall include all of the following:
(i) The number of surveyors and administrative support personnel
devoted to the licensing and certification of health care facilities.
(ii) The percentage of time devoted to licensing and certification
activities for the various types of health facilities.
(iii) The number of facilities receiving full surveys and the
frequency and number of followup visits.
(iv) The number and timeliness of complaint investigations.
(v) Data on deficiencies and citations issued, and numbers of
citation review conferences and arbitration hearings.
(vi) Other applicable activities of the licensing and
certification division.
(e) (1) The department shall adjust the list of estimated fees
published pursuant to subdivision (c) if the annual Budget Act or
other enacted legislation includes an appropriation that differs from
those proposed in the Governor's proposed budget for that fiscal
year.
(2) The department shall publish a final fee list, with an
explanation of any adjustment, by the issuance of an all-facilities
letter, by posting the list on the department's Internet Web site,
and by including the final fee list as part of the licensing
application package, within 14 days of the enactment of the annual
Budget Act. The adjustment of fees and the publication of the final
fee list shall not be subject to the rulemaking requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(f) (1) No fees shall be assessed or collected pursuant to this
section from any state department, authority, bureau, commission, or
officer, unless federal financial participation would become
available by doing so and an appropriation is included in the annual
Budget Act for that state department, authority, bureau, commission,
or officer for this purpose. No fees shall be assessed or collected
pursuant to this section from any clinic that is certified only by
the federal government and is exempt from licensure under Section
1206, unless federal financial participation would become available
by doing so.
(2) For the 2006-07 fiscal year, no fee shall be assessed or
collected pursuant to this section from any general acute care
hospital owned by a health care district with 100 or fewer beds.
(g) The Licensing and Certification Program may change annual
license expiration renewal dates to provide for efficiencies in
operational processes or to provide for sufficient cashflow to pay
for expenditures. If an annual license expiration date is changed,
the renewal fee shall be prorated accordingly. Facilities shall be
provided with a 60-day notice of any change in their annual license
renewal date.
SEC. 96. Section 1324.21 of the Health and Safety Code is amended
to read:
1324.21. (a) For facilities licensed under subdivision (c) of
Section 1250, there shall be imposed each fiscal year a uniform
quality assurance fee per resident day. The uniform quality assurance
fee shall be based upon the entire net revenue of all skilled
nursing facilities subject to the fee, except an exempt facility, as
defined in Section 1324.20, calculated in accordance with subdivision
(b).
(b) The amount of the uniform quality assurance fee to be assessed
per resident day shall be determined based on the aggregate net
revenue of skilled nursing facilities subject to the fee, in
accordance with the methodology outlined in the request for federal
approval required by Section 1324.27 and in regulations, provider
bulletins, or other similar instructions. The uniform quality
assurance fee shall be calculated as follows:
(1) (A) For the rate year 2004-05, the net revenue shall be
projected for all skilled nursing facilities subject to the fee. The
projection of net revenue shall be based on prior rate-year data.
Once determined, the aggregate projected net revenue for all
facilities shall be multiplied by 2.7 percent, as determined under
the approved methodology, and then divided by the projected total
resident days of all providers subject to the fee.
(B) Notwithstanding subparagraph (A), the Director of Health Care
Services may increase the amount of the fee up to 3 percent of the
aggregate projected net revenue if necessary for the implementation
of Article 3.8 (commencing with Section 14126) of Chapter 7 of Part 3
of Division 9 of the Welfare and Institutions Code.
(2) For the rate year 2005-06 and subsequent rate years through
and including the 2010-11 rate year, the net revenue shall be
projected for all skilled nursing facilities subject to the uniform
quality assurance fee. The projection of net revenue shall be based
on the prior rate year's data. Once determined, the aggregate
projected net revenue for all facilities shall be multiplied by 6
percent, as determined under the approved methodology, and then
divided by the projected total resident days of all providers subject
to the fee. The amounts so determined shall be subject to the
provisions of subdivision (d).
(c) The director may assess and collect a nonuniform fee
consistent with the methodology approved pursuant to Section 1324.27.
(d) In no case shall the fees collected annually pursuant to this
article, taken together with applicable licensing fees, exceed the
amounts allowable under federal law.
(e) If there is a delay in the implementation of this article for
any reason, including a delay in the approval of the quality
assurance fee and methodology by the federal Centers for Medicare and
Medicaid Services, in the 2004-05 rate year or in any other rate
year, all of the following shall apply:
(1) Any facility subject to the fee may be assessed the amount the
facility will be required to pay to the department, but shall not be
required to pay the fee until the methodology is approved and
Medi-Cal rates are increased in accordance with paragraph (2) of
subdivision (a) of Section 1324.28 and the increased rates are paid
to facilities.
(2) The department may retroactively increase and make payment of
rates to facilities.
(3) Facilities that have been assessed a fee by the department
shall pay the fee assessed within 60 days of the date rates are
increased in accordance with paragraph (2) of subdivision (a) of
Section 1324.28 and paid to facilities.
(4) The department shall accept a facility's payment
notwithstanding that the payment is submitted in a subsequent fiscal
year than the fiscal year in which the fee is assessed.
SEC. 97. Section 1361.1 of the Health and Safety Code is amended
to read:
1361.1. (a) It is an unfair business practice for a solicitor,
solicitor firm, or representative of a health care service plan to
sell, solicit, or negotiate the purchase of health care coverage
products by any of the following methods:
(1) The use of a marketing technique known as cold lead
advertising when marketing a Medicare product. As used in this
section, "cold lead advertising" means making use directly or
indirectly of a method of marketing that fails to disclose in a
conspicuous manner that a purpose of the marketing is health care
service plan sales solicitation and that contact will be made by a
solicitor, solicitor firm, or representative of a health care service
plan.
(2) The use of an appointment that was made to discuss a
particular Medicare product or to solicit the sale of a particular
Medicare product in order to solicit the sale of another Medicare
product or other health care coverage products, unless the consumer
specifically agrees in advance of the appointment to discuss that
other Medicare product or other types of health care coverage
products during the same appointment.
(b) As used in this section, "Medicare product" includes Medicare
Parts A, B, C, and D, and Medicare supplement plans.
SEC. 98. Section 1371 of the Health and Safety Code is amended to
read:
1371. A health care service plan, including a specialized health
care service plan, shall reimburse claims or any portion of any
claim, whether in state or out of state, as soon as practicable, but
no later than 30 working days after receipt of the claim by the
health care service plan, or if the health care service plan is a
health maintenance organization, 45 working days after receipt of the
claim by the health care service plan, unless the claim or portion
thereof is contested by the plan in which case the claimant shall be
notified, in writing, that the claim is contested or denied, within
30 working days after receipt of the claim by the health care service
plan, or if the health care service plan is a health maintenance
organization, 45 working days after receipt of the claim by the
health care service plan. The notice that a claim is being contested
shall identify the portion of the claim that is contested and the
specific reasons for contesting the claim.
If an uncontested claim is not reimbursed by delivery to the
claimants' address of record within the respective 30 or 45 working
days after receipt, interest shall accrue at the rate of 15 percent
per annum beginning with the first calendar day after the 30- or
45-working-day period. A health care service plan shall automatically
include in its payment of the claim all interest that has accrued
pursuant to this section without requiring the claimant to submit a
request for the interest amount. Any plan failing to comply with this
requirement shall pay the claimant a ten dollar ($10) fee.
For the purposes of this section, a claim, or portion thereof, is
reasonably contested if the plan has not received the completed claim
and all information necessary to determine payer liability for the
claim, or has not been granted reasonable access to information
concerning provider services. Information necessary to determine
payer liability for the claim includes, but is not limited to,
reports of investigations concerning fraud and misrepresentation, and
necessary consents, releases, and assignments, a claim on appeal, or
other information necessary for the plan to determine the medical
necessity for the health care services provided.
If a claim or portion thereof is contested on the basis that the
plan has not received all information necessary to determine payer
liability for the claim or portion thereof and notice has been
provided pursuant to this section, the plan shall have 30 working
days or, if the health care service plan is a health maintenance
organization, 45 working days after receipt of this additional
information to complete reconsideration of the claim. If a plan has
received all of the information necessary to determine payer
liability for a contested claim and has not reimbursed a claim it has
determined to be payable within 30 working days of the receipt of
that information, or if the plan is a health maintenance
organization, within 45 working days of receipt of that information,
interest shall accrue and be payable at a rate of 15 percent per
annum beginning with the first calendar day after the 30- or
45-working-day period.
The obligation of the plan to comply with this section shall not
be deemed to be waived when the plan requires its medical groups,
independent practice associations, or other contracting entities to
pay claims for covered services.
SEC. 99. Section 1371.1 of the Health and Safety Code is amended
to read:
1371.1. (a) Whenever a health care service plan, including a
specialized health care service plan, determines that in reimbursing
a claim for provider services an institutional or professional
provider has been overpaid, and then notifies the provider in writing
through a separate notice identifying the overpayment and the amount
of the overpayment, the provider shall reimburse the health care
service plan within 30 working days of receipt by the provider of the
notice of overpayment unless the overpayment or portion thereof is
contested by the provider in which case the health care service plan
shall be notified, in writing, within 30 working days. The notice
that an overpayment is being contested shall identify the portion of
the overpayment that is contested and the specific reasons for
contesting the overpayment.
If the provider does not make reimbursement for an uncontested
overpayment within 30 working days after receipt, interest shall
accrue at the rate of 10 percent per annum beginning with the first
calendar day after the 30-working-day period.
(b) (1) This subdivision shall only apply to a health care service
plan contract covering dental services or a specialized health care
service plan contract covering dental services pursuant to this
chapter.
(2) The health care service plan's notice of overpayment shall
inform the provider how to access the plan's dispute resolution
mechanism offered pursuant to subdivision (h) of Section 1367. The
notice shall include the name and address to which the dispute should
be submitted and a statement that Section 1371.1 of the Health and
Safety Code requires a provider to reimburse the plan for an
overpayment within 30 working days of receipt by the provider of the
notice of overpayment unless the provider contests the overpayment
within 30 working days. The notice shall also include information
clearly identifying the claim, the name of the patient, the date of
service, and a clear explanation of the basis upon which the plan or
the plan's capitated provider believes the amount paid on the claim
was in excess of the amount due, including interest and penalties on
the claim. The notice shall also include a statement that if the
provider does not make reimbursement of an uncontested overpayment
within 30 working days after receipt of the notice, interest shall
accrue at a rate of 10 percent per annum.
SEC. 100. Section 1373.65 of the Health and Safety Code, as added
by Chapter 590 of the Statutes of 2003, is repealed.
SEC. 101. Section 1373.95 of the Health and Safety Code, as added
by Chapter 590 of the Statutes of 2003, is repealed.
SEC. 102. Section 1373.96 of the Health and Safety Code, as added
by Chapter 590 of the Statutes of 2003, is repealed.
SEC. 103. Section 1522.41 of the Health and Safety Code is amended
to read:
1522.41. (a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Mental Health, and the Director of Developmental
Services, shall develop and establish a certification program to
ensure that administrators of group home facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home facility
shall successfully complete a department-approved certification
program, pursuant to subdivision (c), prior to employment. An
administrator employed in a group home on the effective date of this
section shall meet the requirements of paragraph (2) of subdivision
(c).
(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Administration, storage, misuse, and interaction of medication
used by facility residents.
(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(I) Nonviolent emergency intervention and reporting requirements.
(J) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(2) The department shall adopt separate program requirements for
initial certification for persons who are employed as group home
administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by
completing the training and testing requirements imposed by the
department within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.
(3) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit to the department the
documentation required by subdivision (d) within 30 days after being
notified of having passed the test. The department may extend these
time deadlines for good cause. The department shall notify the
applicant of his or her test results within 30 days of administering
the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home facility administrator
and who is required to complete the continuing education hours
required by the regulations of the State Department of Developmental
Services, and approved by the regional center, may have up to 24 of
the required continuing education course hours credited toward the
40-hour continuing education requirement of this section. Community
college course hours approved by the regional centers shall be
accepted by the department for certification.
(2) Every administrator of a group home facility shall complete
the continuing education requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f), and shall
pay a fee in an amount equal to the renewal fee, plus the delinquency
fee, if any, accrued at the time of its revocation or suspension.
Delinquency fees, if any, accrued subsequent to the time of its
revocation or suspension and prior to an order for reinstatement,
shall be waived for a period of 12 months to allow the individual
sufficient time to complete the required continuing education units
and to submit the required documentation. Individuals whose
certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Mental Health, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. The department may also grant continuing education hours for
continuing courses offered by accredited educational institutions
that are consistent with the requirements in this section. The
department may deny vendor approval to any agency or person in any of
the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes and to pay directly for the services. The department may deny
vendorization to this type of agency only as long as there are other
vendor programs available to conduct the certification training
programs and conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect certification training programs and
continuing education courses, including online courses, at no charge
to the department, to determine if content and teaching methods
comply with regulations. If the department determines that any vendor
is not complying with the requirements of this section, the
department shall take appropriate action to bring the program into
compliance, which may include removing the vendor from the approved
list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
(k) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
group home facility as defined by regulations of the department, an
adult residential facility as defined by regulations of the
department, or a residential care facility for the elderly as defined
in subdivision (k) of Section 1569.2, shall be regulated solely by
the department pursuant to this chapter. No other state or local
governmental entity shall be responsible for regulating the activity
of those vendors.
SEC. 104. Section 1571.71 of the Health and Safety Code is amended
and renumbered to read:
1597.71. To encourage and facilitate the establishment of
employer-sponsored child day care centers, the department shall allow
for reasonable waivers of those regulations presenting difficulties
to small businesses for licensure, provided that the health and
safety of all children is maintained and that the applicant has
agreed to alternative methods of meeting the purpose and intent of
any regulation waived.
SEC. 105. Section 1798.200 of the Health and Safety Code is
amended to read:
1798.200. (a) (1) (A) Except as provided in paragraph (2), an
employer of an EMT-I or EMT-II may conduct investigations, as
necessary, and take disciplinary action against an EMT-I or EMT-II
who is employed by that employer for conduct in violation of
subdivision (c). The employer shall notify the medical director of
the local EMS agency that has jurisdiction in the county in which the
alleged violation occurred within three days when an allegation has
been validated as a potential violation of subdivision (c).
(B) Each employer of an EMT-I or EMT-II employee shall notify the
medical director of the local EMS agency that has jurisdiction in the
county in which a violation related to subdivision (c) occurred
within three days after the EMT-I or EMT-II is terminated or
suspended for a disciplinary cause, the EMT-I or EMT-II resigns
following notification of an impending investigation based upon
evidence that would indicate the existence of a disciplinary cause,
or the EMT-I or EMT-II is removed from EMT-related duties for a
disciplinary cause after the completion of the employer's
investigation.
(C) At the conclusion of an investigation, the employer of an
EMT-I or EMT-II may develop and implement, in accordance with the
guidelines for disciplinary orders, temporary suspensions, and
conditions of probation adopted pursuant to Section 1797.184, a
disciplinary plan for the EMT-I or EMT-II. Upon adoption of the
disciplinary plan, the employer shall submit that plan to the local
EMS agency within three working days. The employer's disciplinary
plan may include a recommendation that the medical director of the
local EMS agency consider taking action against the holder's
certificate pursuant to paragraph (3).
(2) If an EMT-I or EMT-II is not employed by an ambulance service
licensed by the Department of the California Highway Patrol or a
public safety agency or if that ambulance service or public safety
agency chooses not to conduct an investigation pursuant to paragraph
(1) for conduct in violation of subdivision (c), the medical director
of a local EMS agency shall conduct the investigations, and, upon a
determination of disciplinary cause, take disciplinary action as
necessary against this EMT-I or EMT-II. At the conclusion of these
investigations, the medical director shall develop and implement, in
accordance with the recommended guidelines for disciplinary orders,
temporary orders, and conditions of probation adopted pursuant to
Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. The
medical director's disciplinary plan may include action against the
holder's certificate pursuant to paragraph (3).
(3) The medical director of the local EMS agency may, upon a
determination of disciplinary cause and in accordance with
regulations for disciplinary processes adopted pursuant to Section
1797.184, deny, suspend, or revoke any EMT-I or EMT-II certificate
issued under this division, or may place any EMT-I or EMT-II
certificate holder on probation, upon the finding by that medical
director of the occurrence of any of the actions listed in
subdivision (c) and the occurrence of one of
the following:
(A) The EMT-I or EMT-II employer, after conducting an
investigation, failed to impose discipline for the conduct under
investigation, or the medical director makes a determination that the
discipline imposed was not according to the guidelines for
disciplinary orders and conditions of probation and the conduct of
the EMT-I or EMT-II certificate holder constitutes grounds for
disciplinary action against the certificate.
(B) Either the employer of an EMT-I or EMT-II further determines,
after an investigation conducted under paragraph (1), or the medical
director determines after an investigation conducted under paragraph
(2), that the conduct requires disciplinary action against the
certificate.
(4) The medical director of the local EMS agency, after
consultation with the employer of an EMT-I or EMT-II, may temporarily
suspend, prior to a hearing, any EMT-I or EMT-II certificate or both
EMT-I and EMT-II certificates upon a determination that both of the
following conditions have been met:
(A) The certificate holder has engaged in acts or omissions that
constitute grounds for revocation of the EMT-I or EMT-II certificate.
(B) Permitting the certificate holder to continue to engage in the
certified activity without restriction would pose an imminent threat
to the public health or safety.
(5) If the medical director of the local EMS agency temporarily
suspends a certificate, the local EMS agency shall notify the
certificate holder that his or her EMT-I or EMT-II certificate is
suspended and shall identify the reasons therefor. Within three
working days of the initiation of the suspension by the local EMS
agency, the agency and employer shall jointly investigate the
allegation in order for the agency to make a determination of the
continuation of the temporary suspension. All investigatory
information not otherwise protected by law held by the agency and
employer shall be shared between the parties via facsimile
transmission or overnight mail relative to the decision to
temporarily suspend. The local EMS agency shall decide, within 15
calendar days, whether to serve the certificate holder with an
accusation pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. If the
certificate holder files a notice of defense, the hearing shall be
held within 30 days of the local EMS agency's receipt of the notice
of defense. The temporary suspension order shall be deemed vacated if
the local EMS agency fails to make a final determination on the
merits within 15 days after the administrative law judge renders the
proposed decision.
(6) The medical director of the local EMS agency shall refer, for
investigation and discipline, any complaint received on an EMT-I or
EMT-II to the relevant employer within three days of receipt of the
complaint, pursuant to subparagraph (A) of paragraph (1) of
subdivision (a).
(b) The authority may deny, suspend, or revoke any EMT-P license
issued under this division, or may place any EMT-P license issued
under this division, or may place any EMT-P licenseholder on
probation upon the finding by the director of the occurrence of any
of the actions listed in subdivision (c). Proceedings against any
EMT-P license or licenseholder shall be held in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(c) Any of the following actions shall be considered evidence of a
threat to the public health and safety and may result in the denial,
suspension, or revocation of a certificate or license issued under
this division, or in the placement on probation of a certificate or
licenseholder under this division:
(1) Fraud in the procurement of any certificate or license under
this division.
(2) Gross negligence.
(3) Repeated negligent acts.
(4) Incompetence.
(5) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, and
duties of prehospital personnel.
(6) Conviction of any crime which is substantially related to the
qualifications, functions, and duties of prehospital personnel. The
record of conviction or a certified copy of the record shall be
conclusive evidence of the conviction.
(7) Violating or attempting to violate directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this division or the regulations adopted by the
authority pertaining to prehospital personnel.
(8) Violating or attempting to violate any federal or state
statute or regulation that regulates narcotics, dangerous drugs, or
controlled substances.
(9) Addiction to, the excessive use of, or the misuse of,
alcoholic beverages, narcotics, dangerous drugs, or controlled
substances.
(10) Functioning outside the supervision of medical control in the
field care system operating at the local level, except as authorized
by any other license or certification.
(11) Demonstration of irrational behavior or occurrence of a
physical disability to the extent that a reasonable and prudent
person would have reasonable cause to believe that the ability to
perform the duties normally expected may be impaired.
(12) Unprofessional conduct exhibited by any of the following:
(A) The mistreatment or physical abuse of any patient resulting
from force in excess of what a reasonable and prudent person trained
and acting in a similar capacity while engaged in the performance of
his or her duties would use if confronted with a similar
circumstance. Nothing in this section shall be deemed to prohibit an
EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace
officer who is acting in the dual capacity of peace officer and
EMT-I, EMT-II, or EMT-P, from using that force that is reasonably
necessary to effect a lawful arrest or detention.
(B) The failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law in Part 2.53 (commencing with Section 56) of Division 1 of the
Civil Code.
(C) The commission of any sexually related offense specified under
Section 290 of the Penal Code.
(d) The information shared among EMT-I, EMT-II, and EMT-P
employers, medical directors of local EMS agencies, the authority,
and EMT-I and EMT-II certifying entities shall be deemed to be an
investigative communication that is exempt from public disclosure as
a public record pursuant to subdivision (f) of Section 6254 of the
Government Code. A formal disciplinary action against an EMT-I,
EMT-II, or EMT-P shall be considered a public record available to the
public, unless otherwise protected from disclosure pursuant to state
or federal law.
(e) For purposes of this section, "disciplinary cause" means an
act that is substantially related to the qualifications, functions,
and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat
to the public health and safety described in subdivision (c).
SEC. 106. Section 11752.1 of the Health and Safety Code is amended
to read:
11752.1. (a) "County board of supervisors" includes county boards
of supervisors in the case of counties acting jointly.
(b) "Agency" means the California Health and Human Services
Agency.
(c) "Secretary" means the Secretary of California Health and Human
Services.
(d) "County plan for alcohol and other drug services" or "county
plan" means the county plan, including a budget, adopted by the board
of supervisors pursuant to Chapter 4 (commencing with Section 11795)
of Part 2.
(e) "Advisory board" means the county advisory board on alcohol
and other drug problems established at the sole discretion of the
county board of supervisors pursuant to Section 11805. If a county
does not establish an advisory board, any provision of this chapter
relative to the activities, duties, and functions of the advisory
board shall be inapplicable to that county.
(f) "Alcohol and drug program administrator" means the county
program administrator designated pursuant to Section 11800.
(g) "State alcohol and other drug program" includes all state
alcohol and other drug projects administered by the department and
all county alcohol and other drug programs funded under this
division.
(h) "Health systems agency" means the health planning agency
established pursuant to Public Law 93-641.
(i) "Alcohol and other drug problems" means problems of
individuals, families, and the community that are related to the
abuse of alcohol and other drugs.
(j) "Alcohol abuser" means anyone who has a problem related to the
consumption of alcoholic beverages whether or not it is of a
periodic or continuing nature. This definition includes, but is not
limited to, persons referred to as "alcoholics" and "drinking
drivers." These problems may be evidenced by substantial impairment
to the person's physical, mental, or social well-being, which
impairment adversely affects his or her abilities to function in the
community.
(k) "Drug abuser" means anyone who has a problem related to the
consumption of illicit, illegal, legal, or prescription drugs or
over-the-counter medications in a manner other than prescribed,
whether or not it is of a periodic or continuing nature. This
definition includes, but is not limited to, persons referred to as
"drug addicts." The drug-consumption-related problems of these
persons may be evidenced by substantial impairment to the person's
physical, mental, or social well-being, which impairment adversely
affects his or her abilities to function in the community.
( l ) "Alcohol and other drug service" means a service
that is designed to encourage recovery from the abuse of alcohol and
other drugs and to alleviate or preclude problems in the individual,
his or her family, and the community.
(m) "Alcohol and other drug abuse program" means a collection of
alcohol and other drug services that are coordinated to achieve the
specified objectives of this part.
(n) "Driving-under-the-influence program," "DUI program," or
"licensed program" means an alcohol and other drug service that has
been issued a valid license by the department to provide services
pursuant to Chapter 9 (commencing with Section 11836) of Part 2.
(o) "Clients-participants" means recipients of alcohol and other
drug prevention, treatment, and recovery program services.
(p) "Substance Abuse and Mental Health Services Administration"
means that agency of the United States Department of Health and Human
Services.
SEC. 107. Section 11758.46 of the Health and Safety Code is
amended to read:
11758.46. (a) For purposes of this section, "drug Medi-Cal
services" means all of the following services, administered by the
department, and to the extent consistent with state and federal law:
(1) Narcotic treatment program services, as set forth in Section
11758.42.
(2) Day care rehabilitative services.
(3) Perinatal residential services for pregnant women and women in
the postpartum period.
(4) Naltrexone services.
(5) Outpatient drug-free services.
(b) Upon federal approval of a federal Medicaid state plan
amendment authorizing federal financial participation in the
following services, and subject to appropriation of funds, "drug
Medi-Cal services" shall also include the following services,
administered by the department, and to the extent consistent with
state and federal law:
(1) Notwithstanding subdivision (a) of Section 14132.90 of the
Welfare and Institutions Code, day care habilitative services, which,
for purposes of this paragraph, are outpatient counseling and
rehabilitation services provided to persons with alcohol or other
drug abuse diagnoses.
(2) Case management services, including supportive services to
assist persons with alcohol or other drug abuse diagnoses in gaining
access to medical, social, educational, and other needed services.
(3) Aftercare services.
(c) (1) Annually, the department shall publish procedures for
contracting for drug Medi-Cal services with certified providers and
for claiming payments, including procedures and specifications for
electronic data submission for services rendered.
(2) The department, county alcohol and drug program
administrators, and alcohol and drug service providers shall automate
the claiming process and the process for the submission of specific
data required in connection with reimbursement for drug Medi-Cal
services, except that this requirement applies only if funding is
available from sources other than those made available for treatment
or other services.
(d) A county or a contractor for the provision of drug Medi-Cal
services shall notify the department, within 30 days of the receipt
of the county allocation, of its intent to contract, as a component
of the single state-county contract, and provide certified services
pursuant to Section 11758.42, for the proposed budget year. The
notification shall include an accurate and complete budget proposal,
the structure of which shall be mutually agreed to by county alcohol
and drug program administrators and the department, in the format
provided by the department, for specific services, for a specific
time period, and including estimated units of service, estimated rate
per unit consistent with law and regulations, and total estimated
cost for appropriate services.
(e) (1) Within 30 days of receipt of the proposal described in
subdivision (d), the department shall provide, to counties and
contractors proposing to provide drug Medi-Cal services in the
proposed budget year, a proposed multiple-year contract, as a
component of the single state-county contract, for these services, a
current utilization control plan, and appropriate administrative
procedures.
(2) A county contracting for alcohol and drug services shall
receive a single state-county contract for the net negotiated amount
and drug Medi-Cal services.
(3) Contractors contracting for drug Medi-Cal services shall
receive a drug Medi-Cal contract.
(f) (1) Upon receipt of a contract proposal pursuant to
subdivision (d), a county and a contractor seeking to provide
reimbursable drug Medi-Cal services and the department may begin
negotiations and the process for contract approval.
(2) If a county does not approve a contract by July 1 of the
appropriate fiscal year, in accordance with subdivisions (c) to (e),
inclusive, the county shall have 30 additional days in which to
approve a contract. If the county has not approved the contract by
the end of that 30-day period, the department shall contract directly
for services within 30 days.
(3) Counties shall negotiate contracts only with providers
certified to provide reimbursable drug Medi-Cal services and that
elect to participate in this program. Upon contract approval by the
department, a county shall establish approved contracts with
certified providers within 30 days following enactment of the annual
Budget Act. A county may establish contract provisions to ensure
interim funding pending the execution of final contracts,
multiple-year contracts pending final annual approval by the
department, and, to the extent allowable under the annual Budget Act,
other procedures to ensure timely payment for services.
(g) (1) For counties and contractors providing drug Medi-Cal
services, pursuant to approved contracts, and that have accurate and
complete claims, reimbursement for services from state General Fund
moneys shall commence no later than 45 days following the enactment
of the annual Budget Act for the appropriate state fiscal year.
(2) For counties and contractors providing drug Medi-Cal services,
pursuant to approved contracts, and that have accurate and complete
claims, reimbursement for services from federal Medicaid funds shall
commence no later than 45 days following the enactment of the annual
Budget Act for the appropriate state fiscal year.
(3) The State Department of Health Care Services and the
department shall develop methods to ensure timely payment of drug
Medi-Cal claims.
(4) The State Department of Health Care Services, in cooperation
with the department, shall take steps necessary to streamline the
billing system for reimbursable drug Medi-Cal services, to assist the
department in meeting the billing provisions set forth in this
subdivision.
(h) The department shall submit a proposed interagency agreement
to the State Department of Health Care Services by May 1 for the
following fiscal year. Review and interim approval of all contractual
and programmatic requirements, except final fiscal estimates, shall
be completed by the State Department of Health Care Services by July
1. The interagency agreement shall not take effect until the annual
Budget Act is enacted and fiscal estimates are approved by the State
Department of Health Care Services. Final approval shall be completed
within 45 days of enactment of the Budget Act.
(i) (1) A county or a provider certified to provide reimbursable
drug Medi-Cal services, that is contracting with the department,
shall estimate the cost of those services by April 1 of the fiscal
year covered by the contract, and shall amend current contracts, as
necessary, by the following July 1.
(2) A county or a provider, except for a provider to whom
subdivision (j) applies, shall submit accurate and complete cost
reports for the previous fiscal year by November 1, following the end
of the fiscal year. The department may settle cost for drug Medi-Cal
services, based on the cost report as the final amendment to the
approved single state-county contract.
(j) Certified narcotic treatment program providers that are
exclusively billing the state or the county for services rendered to
persons subject to Section 1210.1 or 3063.1 of the Penal Code or
Section 11758.42 of this code shall submit accurate and complete
performance reports for the previous state fiscal year by November 1
following the end of that fiscal year. A provider to which this
subdivision applies shall estimate its budgets using the uniform
state daily reimbursement rate. The format and content of the
performance reports shall be mutually agreed to by the department,
the County Alcohol and Drug Program Administrators Association of
California, and representatives of the treatment providers.
SEC. 108. Section 18931.7 of the Health and Safety Code is amended
to read:
18931.7. (a) All funds received by the commission under this part
shall be deposited in the Building Standards Administration Special
Revolving Fund, which is hereby established in the State Treasury.
(b) Moneys deposited in the fund shall be available, upon
appropriation, to the commission, the department, and the Office of
the State Fire Marshal for expenditure in carrying out the provisions
of this part, and the provisions of Part 1.5 (commencing with
Section 17910) that relate to building standards, as defined in
Section 18909, with emphasis placed on the development, adoption,
publication, updating, and educational efforts associated with green
building standards.
SEC. 109. Section 19997 of the Health and Safety Code is amended
to read:
19997. (a) Any person who violates any of the provisions of this
part, a building standard published in the State Building Standards
Code relating to factory-built housing, or any other rules or
regulations adopted pursuant to this part is guilty of a misdemeanor,
punishable by a fine not exceeding one thousand dollars ($1,000) or
by imprisonment not exceeding 30 days, or by both that fine and
imprisonment.
(b) (1) For violations of Section 19980, 19991.3, or 19991.4, the
department shall assess civil penalties in a range between two
hundred fifty dollars ($250) and two thousand dollars ($2,000). When
determining the amount of the assessed civil penalty, the department
shall take into consideration whether one or more of the following or
similar circumstances apply:
(A) The citation includes multiple violations.
(B) The cited person has a history of violations of the same or
similar provisions of this part and the regulations promulgated under
this part.
(C) In the judgment of the department, the person has exhibited
bad faith or a conflict of interest.
(D) In the judgment of the department, the violation is serious or
harmful.
(E) The citation involves a violation perpetrated against a senior
citizen, veteran, or person with disabilities.
(F) There is exculpatory evidence that, in the judgment of the
department, is material to the elements of the current violation for
which the citation is being issued and is significantly related to
the degree of fault.
(2) If a citation lists more than one violation and each of the
violations relates to the same manufacturing facility or client, the
total penalty assessment in each citation shall not exceed ten
thousand dollars ($10,000).
(3) If a citation lists more than one violation, the amount of
assessed civil penalty shall be stated separately for each section
violated.
(4) Appeals procedures shall be the same as those provided under
subdivisions (c) to (e), inclusive, of Section 18021.7.
(c) Nothing in this section is intended to preclude remedies
available under other provisions of law.
SEC. 110. Section 25214.12 of the Health and Safety Code is
amended to read:
25214.12. For purposes of this article, the following terms have
the following meanings:
(a) "Authorized official" means a representative of a manufacturer
or supplier who is authorized pursuant to the laws of this state to
bind the manufacturer or supplier regarding the accuracy of the
content of a certificate of compliance.
(b) "ASTM" means the American Society for Testing and Materials.
(c) "Distribution" means the practice of taking title to a package
or a packaging component for promotional purposes or resale. A
person involved solely in delivering a package or a packaging
component on behalf of a third party is not engaging in distribution.
(d) (1) "Intentional introduction" means the act of deliberately
utilizing a regulated metal in the formation of a package or
packaging component where its continued presence is desired in the
final package or packaging component to provide a specific
characteristic, appearance, or quality.
(2) "Intentional introduction" does not include either of the
following:
(A) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, where the incidental retention of a residue of that
metal in the final package or packaging component is not desired or
deliberate, if the final package or packaging component is in
compliance with subdivision (c) of Section 25214.13.
(B) The use of recycled materials as feedstock for the manufacture
of new packaging materials, where some portion of the recycled
materials may contain amounts of a regulated metal, if the new
package or packaging component is in compliance with subdivision (c)
of Section 25214.13.
(e) "Incidental presence" means the presence of a regulated metal
as an unintended or undesired ingredient of a package or packaging
component.
(f) "Manufacturer" means any person, firm, association,
partnership, or corporation producing a package or packaging
component.
(g) "Manufacturing" means the physical or chemical modification of
a material to produce packaging or a packaging component.
(h) (1) Except as provided in paragraph (2), "package" means any
container, produced either domestically or in a foreign country,
providing a means of marketing, protecting, or handling a product
from its point of manufacture to its sale or transfer to a consumer,
including a unity package, an intermediate package, or a shipping
container, as defined in the ASTM specification D 996. "Package" also
includes, but is not limited to, unsealed receptacles, including
carrying cases, crates, cups, pails, rigid foil and other trays,
wrappers and wrapping films, bags, and tubs.
(2) "Package" does not include a reusable bag, as defined in
subdivision (d) of Section 42250 of the Public Resources Code.
(i) "Packaging component" means any individual assembled part of a
package that is produced either domestically or in a foreign
country, including, but not necessarily limited to, any interior or
exterior blocking, bracing, cushioning, weatherproofing, exterior
strapping, coatings, closures, inks, labels, dyes, pigments,
adhesives, stabilizers, or any other additives. Tin-plated steel that
meets the ASTM specification A 623 shall be considered as a single
package component. Electrogalvanized coated steel and hot dipped
coated galvanized steel that meet the ASTM qualifications A 591, A
653, A 879, and A 924 shall be treated in the same manner as
tin-plated steel.
(j) "Purchaser" means a person who purchases and takes title to a
package or a packaging component, from a manufacturer or supplier,
for the purpose of packaging a product manufactured, distributed, or
sold by the purchaser.
(k) "Recycled material" means a material that has been separated
from solid waste for the purpose of recycling the material as a
secondary material feedstock. Recycled materials include paper,
plastic, wood, glass, ceramics, metals, and other materials, except
that recycled material does not include a regulated metal that has
been separated from other materials into its elemental or other
chemical state for recycling as a secondary material feedstock.
( l ) "Regulated metal" means lead, mercury, cadmium,
or hexavalent chromium.
(m) (1) "Supplier" means a person who does or is one or more of
the following:
(A) Sells, offers for sale, or offers for promotional purposes, a
package or packaging component that is used by any other person to
package a product.
(B) Takes title to a package or packaging component, produced
either domestically or in a foreign country, that is purchased for
resale or promotional purposes.
(C) Acts as an intermediary for the purchase of a package or
packaging component for resale from a manufacturer located in another
country to a purchaser located in this state, and who may receive a
commission or a fee on that sale.
(D) Listed as the importer of record on a United States Customs
Service form for an imported package or packaging component.
(2) "Supplier" does not include a person involved solely in
delivering a package or packaging component on behalf of a third
party.
(n) "Toxics in Packaging Clearinghouse" means the Toxics in
Packaging Clearinghouse (TPCH) of the Council of State Governments.
SEC. 111. Section 25252 of the Health and Safety Code is amended
to read:
25252.
(a) On or before January 1, 2011, the department shall adopt
regulations to establish a process to identify and prioritize those
chemicals or chemical ingredients in consumer products that may be
considered as being a chemical of concern, in accordance with the
review process specified in Section 25252.5. The department shall
adopt these regulations in consultation with the office and all
appropriate state agencies and after conducting one or more public
workshops for which the department provides public notice and
provides an opportunity for all interested parties to comment. The
regulations adopted pursuant to this section shall establish an
identification and prioritization process that includes, but is not
limited to, all of the following considerations:
(1) The volume of the chemical in commerce in this state.
(2) The potential for exposure to the chemical in a consumer
product.
(3) Potential effects on sensitive subpopulations, including
infants and children.
(b) (1) In adopting regulations pursuant to this section, the
department shall develop criteria by which chemicals and their
alternatives may be evaluated. These criteria shall include, but not
be limited to, the traits, characteristics, and endpoints that are
included in the clearinghouse data pursuant to Section 25256.1.
(2) In adopting regulations pursuant to this section, the
department shall reference and use, to the maximum extent feasible,
available information from other nations, governments, and
authoritative bodies that have undertaken similar chemical
prioritization processes, so as to leverage the work and costs
already incurred by those entities and to minimize costs and maximize
benefits for the state's economy.
(3) Paragraph (2) does not require the department, when adopting
regulations pursuant to this section, to reference and use only the
available information specified in paragraph (2).
SEC. 112. Section 25253 of the Health and Safety Code is amended
to read:
25253. (a) (1) On or before January 1, 2011, the department shall
adopt regulations pursuant to this section that establish a process
for evaluating chemicals of concern in consumer products, and their
potential alternatives, to determine how best to limit exposure or to
reduce the level of hazard posed by a chemical of concern, in
accordance with the review process specified in Section 25252.5. The
department shall adopt these regulations in consultation with all
appropriate state agencies and after conducting one or more public
workshops for which the department provides public notice and
provides an opportunity for all interested parties to comment.
(2) The regulations adopted pursuant to this section shall
establish a process that includes an evaluation of the availability
of potential alternatives and potential hazards posed by those
alternatives, as well as an evaluation of critical exposure pathways.
This process shall include life cycle assessment tools that take
into consideration, but shall not be limited to, all of the
following:
(A) Product function or performance.
(B) Useful life.
(C) Materials and resource consumption.
(D) Water conservation.
(E) Water quality impacts.
(F) Air emissions.
(G) Production, in-use, and transportation energy inputs.
(H) Energy efficiency.
(I) Greenhouse gas emissions.
(J) Waste and end-of-life disposal.
(K) Public health impacts, including potential impacts to
sensitive subpopulations, including infants and children.
(L) Environmental impacts.
(M) Economic impacts.
(b) The regulations adopted pursuant to this section shall specify
the range of regulatory responses that the department may take
following the completion of the alternatives analysis, including, but
not limited to, any of the following actions:
(1) Not requiring any action.
(2) Imposing requirements to provide additional information needed
to assess a chemical of concern and its potential alternatives.
(3) Imposing requirements on the labeling or other type of
consumer product information.
(4) Imposing a restriction on the use of the chemical of concern
in the consumer product.
(5) Prohibiting the use of the chemical of concern in the consumer
product.
(6) Imposing requirements that control access to or limit
exposure to the chemical of concern in the consumer product.
(7) Imposing requirements for the manufacturer to manage the
product at the end of its useful life, including recycling or
responsible disposal of the consumer product.
(8) Imposing a requirement to fund green chemistry challenge
grants where no feasible safer alternative exists.
(9) Any other outcome the department determines accomplishes the
requirements of this article.
(c) The department, in developing the processes and regulations
pursuant to this section, shall ensure that the tools available are
in a form that allows for ease of use and transparency of
application. The department shall also make every feasible effort to
devise simplified and accessible tools that consumer product
manufacturers, consumer product distributors, product retailers, and
consumers can use to make consumer product manufacturing, sales, and
purchase decisions.
SEC. 113. Section 33684 of the Health and Safety Code is amended
to read:
33684. (a) (1) This section shall apply to each redevelopment
project area that, pursuant to a redevelopment plan that contains the
provisions required by Section 33670, meets any of the following:
(A) Was adopted on or after January 1, 1994, including later
amendments to these redevelopment plans.
(B) Was adopted prior to January 1, 1994, but amended after
January 1, 1994, to include new territory. For plans amended after
January 1, 1994, only the tax increments from territory added by the
amendment shall be subject to this section.
(2) This section shall apply to passthrough payments, as required
by Sections 33607.5 and 33607.7, for the 2003-04 to 2008-09,
inclusive, fiscal years. For purposes of this section, a passthrough
payment shall be considered the responsibility of an agency in the
fiscal year the agency receives the tax increment revenue for which
the passthrough payment is required.
(3) For purposes of this section, "local educational agency" is a
school district, a community college district, or a county office of
education.
(b) On or before October 1, 2008, each agency shall submit a
report to the county auditor and to each affected taxing entity that
describes each project area, including its location, purpose, date
established, date or dates amended, and statutory and contractual
passthrough requirements. The report shall specify, by year, for each
project area all of the following:
(1) Gross tax increment received between July 1, 2003, and June
30, 2008, that is subject to a passthrough payment pursuant to
Sections 33607.5 and 33607.7, and accumulated gross tax increments
through June 30, 2003.
(2) Total passthrough payments to each taxing entity that the
agency deferred pursuant to a subordination agreement approved by the
taxing agency under subdivision (e) of Section 33607.5 and the dates
these deferred payments will be made.
(3) Total passthrough payments to each taxing entity that the
agency was responsible to make between July 1, 2003, and June 30,
2008, pursuant to Sections 33607.5 and 33607.7, excluding payments
identified in paragraph (2).
(4) Total passthrough payments that the agency disbursed to each
taxing entity between July 1, 2003, and June 30, 2008, pursuant to
Sections 33607.5 and 33607.7.
(5) Total sums reported in paragraph (4) for each local
educational agency that are considered to be property taxes under the
provisions of paragraph (4) of subdivision (a) of Section 33607.5
and Section 33607.7.
(6) Total outstanding payment obligations to each taxing entity as
of June 30, 2008. This amount shall be calculated by subtracting the
amounts reported in paragraph (4) from paragraph (3) and reporting
any positive difference.
(7) Total outstanding overpayments to each taxing entity as of
June 30, 2008. This amount shall be calculated by subtracting the
amounts reported in paragraph (3) from paragraph (4) and reporting
any positive difference.
(8) The dates on which the agency made payments identified in
paragraph (6) or intends to make the payments identified in paragraph
(6).
(9) A revised estimate of the agency's total outstanding
passthrough payment obligation to each taxing agency pursuant to
paragraph (6) of subdivision (b) and paragraph (6) of subdivision (c)
and the dates on which the agency intends to make these payments.
(c) On or before October 1, 2009, each agency shall submit a
report to the county auditor and to each affected taxing entity that
describes each project area, including its location, purpose, date
established, date or dates amended, and statutory and contractual
passthrough requirements. The report shall specify, by year, for each
project area all of the following:
(1) Gross tax increment received between July 1, 2008, and June
30, 2009, that is subject to a passthrough payment pursuant to
Sections 33607.5 and 33607.7.
(2) Total passthrough payments to each taxing entity that the
agency deferred pursuant to a subordination agreement approved by the
taxing entity under subdivision (e) of Section 33607.5 and the dates
these deferred payments will be made.
(3) Total passthrough payments to each taxing entity that the
agency was responsible to make between July 1, 2008, and June 30,
2009, pursuant to Sections 33607.5 and 33607.7, excluding payments
identified in paragraph (2).
(4) Total passthrough payments that the agency disbursed to each
taxing entity between July 1, 2008, and June 30, 2009, pursuant to
Sections 33607.5 and 33607.7.
(5) Total sums reported in paragraph (4) for each local
educational agency that are considered to be property taxes under the
provisions of paragraph (4) of subdivision (a) of Sections 33607.5
and 33607.7.
(6) Total outstanding payment obligations to each taxing entity as
of June 30, 2009. This amount shall be calculated by subtracting the
amounts reported in paragraph (4) from paragraph (3) and reporting
any positive difference.
(7) Total outstanding overpayments to each taxing entity as of
June 30, 2009. This amount shall be calculated by subtracting the
amounts reported in paragraph (3) from paragraph (4) and reporting
any positive difference.
(8) The dates on which the agency made payments identified in
paragraph (6) or intends to make the payments identified in paragraph
(6).
(d) If an agency reports pursuant to paragraph (6) of subdivision
(b) or paragraph (6) of subdivision (c) that it has an outstanding
passthrough payment obligation to any taxing entity, the agency shall
submit annual updates to the county auditor on October 1 of each
year until such time as the county auditor notifies the agency in
writing that the agency's outstanding payment obligations have been
fully satisfied. The report shall contain both of the following:
(1) A list of payments to each taxing agency and to the
Educational Revenue Augmentation Fund pursuant to subdivision (j)
that the agency disbursed after the agency's last update filed
pursuant to this subdivision or, if no update has been filed, after
the agency's submission of the reports required pursuant to
subdivisions (b) and (c). The list of payments shall include only
those payments that address obligations identified pursuant to
paragraph (6) of subdivision (b) and paragraph (6) of subdivision
(c). The update shall specify the date on which each payment was
disbursed.
(2) A revised estimate of the agency's total outstanding
passthrough payment obligation to each taxing agency pursuant to
paragraph (6) of subdivision (b) and paragraph (6) of subdivision (c)
and the dates on which the agency intends to make these payments.
(e) The county auditor shall review each agency's reports
submitted pursuant to subdivisions (b) and (c) and any other relevant
information to determine whether the county auditor concurs with the
information included in the reports.
(1) If the county auditor concurs with the information included in
a report, the county auditor shall issue a finding of concurrence
within 45 days.
(2) If the county auditor does not concur with the information
included in a report or considers the report to be incomplete, the
county auditor shall return the report to the agency within 45 days
with information identifying the elements of the report with which
the county auditor does not concur or considers to be incomplete. The
county auditor shall provide the agency at least 15 days to respond
to concerns raised by the county auditor regarding the information
contained in the report. An agency may revise a report that has not
received a finding of concurrence and resubmit it to the county
auditor.
(3) If an agency and county auditor do not agree regarding the
passthrough requirements of Sections 33607.5 and 33607.7, an agency
may submit a report pursuant to subdivisions (b) and (c) and a
statement of dispute identifying the issue needing resolution.
(4) An agency may amend a report for which the county auditor has
issued a finding of concurrence and resubmit the report pursuant to
paragraphs (1), (2), and (3) if any of the following apply:
(A) The county auditor and agency agree that an issue identified
in the agency's statement of dispute has been resolved and the agency
proposes to modify the sections of the report to conform with the
resolution of the statement of dispute.
(B) The county auditor and agency agree that the amount of gross
tax increment or the amount of a passthrough payment to a taxing
entity included in the report is not accurate.
(5) The Controller may revoke a finding of concurrence and direct
the agency to resubmit a report to the county auditor pursuant to
paragraphs (1), (2), and (3) if the Controller finds significant
errors in a report.
(f) On or before December 15, 2008, and annually thereafter
through 2014, the county auditor shall submit a report to the
Controller that includes all of the following:
(1) The name of each redevelopment project area in the county for
which an agency must submit a report pursuant to subdivision (b) or
(c) and information as to whether the county auditor has issued a
finding of concurrence regarding the report.
(2) A list of the agencies for which the county auditor has issued
a finding of concurrence for all project areas identified in
paragraph (1).
(3) A list of agencies for which the county auditor has not issued
a finding of concurrence for all project areas identified in
paragraph (1).
(4) Using information applicable to agencies listed in paragraph
(2), the county auditor shall report all of the following:
(A) The total sums reported by each redevelopment agency related
to each taxing entity pursuant to paragraphs (1) to (7), inclusive,
of subdivision (b) and, on or after December 15, 2009, pursuant to
paragraphs (1) to (7), inclusive, of subdivision (c).
(B) The names of agencies that have outstanding passthrough
payment obligations to a local educational agency that exceed the
amount of outstanding passthrough payments to the local educational
agency.
(C) Summary information regarding agencies' stated plans to pay
the outstanding amounts identified in paragraph (6) of subdivision
(b) and paragraph (6) of subdivision (c) and the actual amounts that
have been deposited into the county Educational Revenue Augmentation
Fund pursuant to subdivision (j).
(D) All unresolved statements of dispute filed by agencies
pursuant to paragraph (3) of subdivision (e) and the county auditor's
analyses supporting the county auditor's conclusions regarding the
issues under dispute.
(g) (1) On or before February 1, 2009, and annually thereafter
through 2015, the Controller shall submit a report to the Legislative
Analyst's Office and the Department of Finance and provide a copy to
the Board of Governors of the California Community Colleges. The
report shall provide information as follows:
(A) Identify agencies for which the county auditor has issued a
finding of concurrence for all reports required under subdivisions
(b) and (c).
(B) Identify agencies for which the county auditor has not issued
a finding of concurrence for all reports required pursuant to
subdivision (b) and all reports required pursuant to subdivision (c)
or for which a finding of concurrence has been withdrawn by the
Controller.
(C) Summarize the information reported in paragraph (4) of
subdivision (f). This summary shall identify, by local educational
agency and by year, the total amount of passthrough payments that
each local educational agency received, was entitled to receive,
subordinated, or that has not yet been paid, and the portion of these
amounts that are considered to be property taxes for purposes of
Sections 2558, 42238, and 84751 of the Education Code. The report
shall identify, by agency, the amounts that have been deposited to
the county Educational Revenue Augmentation Fund pursuant to
subdivision (j).
(D) Summarize the statements of dispute. The Controller shall
specify the status of these disputes, including whether the
Controller or other state entity has provided instructions as to how
these disputes should be resolved.
(E) Identify agencies that have outstanding passthrough payment
liabilities to a local educational agency that exceed the amount of
outstanding passthrough overpayments to the local educational agency.
(2) On or before February 1, 2009, and annually thereafter through
2015, the Controller shall submit a report to the State Department
of Education and the Board of Governors of the California Community
Colleges. The report shall identify, by local educational agency and
by year of receipt, the total amount of passthrough payments that the
local educational agency received from redevelopment agencies listed
in subparagraph (A) of paragraph (1).
(h) (1) On or before April 1, 2009, and annually thereafter until
April 1, 2015, the State Department of Education shall do all of the
following:
(A) Calculate for each school district for the 2003-04 to 2007-08,
inclusive, fiscal years the difference between 43.3 percent of the
amount reported pursuant to paragraph (2) of subdivision (g) and the
amount subtracted from each school district's apportionment pursuant
to paragraph (6) of subdivision (h) of Section 42238 of the Education
Code.
(B) Calculate for each county superintendent of schools for the
2003-04 to 2007-08, inclusive, fiscal years the difference between 19
percent of the amount reported pursuant to paragraph (2) of
subdivision (g) and the amount received pursuant to Sections 33607.5
and 33607.7 and subtracted from each county superintendent of schools
apportionment pursuant to subdivision (c) of Section 2558 of the
Education Code.
(C) Notify each school district and county superintendent of
schools for which any amount calculated in subparagraph (A) or (B) is
nonzero as to the reported change and its resulting impact on
apportionments. After April 1, 2009, however, the department shall
not notify a school district or county superintendent of schools if
the amount calculated in subparagraph (A) or (B) is the same amount
as the department calculated in the preceding year.
(2) On or before April 1, 2010, and annually thereafter until
April 1, 2015, the State Department of Education shall do all of the
following:
(A) Calculate for each school district for the 2008-09 fiscal year
the difference between 43.3 percent of the amount reported pursuant
to paragraph (2) of subdivision (g) and the amount subtracted from
each school district's apportionment pursuant to paragraph (6) of
subdivision (h) of Section 42238 of the Education Code.
(B) Calculate for each county superintendent of schools for the
2008-09 fiscal year the difference between 19 percent of the amount
reported pursuant to paragraph (2) of subdivision (g) and the amount
received pursuant to Sections 33607.5 and 33607.7 and subtracted from
each county superintendent of schools apportionment pursuant to
subdivision (c) of Section 2558 of the Education Code.
(C) Notify each school district and county superintendent of
schools for which any amount calculated in subparagraph (A) or (B) is
nonzero as to the reported change and its resulting impact on
revenue limit apportionments. After April 1, 2010, however, the
department shall not notify a school district or county
superintendent of schools if the amount calculated in subparagraph
(A) or (B) is the same amount as the department calculated in the
preceding year.
(3) For the purposes of Article 3 (commencing with Section 41330)
of Chapter 3 of Part 24 of Division 3 of Title 2 of the Education
Code, the amounts reported to each school district and county
superintendent of schools in the notification required pursuant to
subparagraph (C) of paragraph (1) and subparagraph (C) of paragraph
(2) shall be deemed to be apportionment significant audit exceptions
and the date of receipt of that notification shall be deemed to be
the date of receipt of the final audit report that includes those
audit exceptions.
(4) On or before March 1, 2009, and annually thereafter until
March 1, 2015, the Board of Governors of the California Community
Colleges shall do all of the following:
(A) Calculate for each community college district for the 2003-04
to 2007-08, inclusive, fiscal years the difference between 47.5
percent of the amount reported pursuant to paragraph (2) of
subdivision (g) and the amount subtracted from each district's total
revenue owed pursuant to subdivision (d) of Section 84751 of the
Education Code.
(B) Notify each community college district for which any amount
calculated in subparagraph (A) is nonzero as to the reported change
and its resulting impact on apportionments. After March 1, 2009,
however, the board shall not notify a school district or county
superintendent of schools if the amount calculated in subparagraph
(A) is the same amount as the board calculated in the preceding year.
(5) On or before March 1, 2010, and annually thereafter until
March 1, 2015, the Board of Governors of the California Community
Colleges shall do all of the following:
(A) Calculate for each community college district for the 2003-04
to 2007-08, inclusive, fiscal years the difference between 47.5
percent of the amount reported pursuant to paragraph (2) of
subdivision (g) and the amount subtracted from each district's total
revenue owed pursuant to subdivision (d) of Section 84751 of the
Education Code.
(B) Notify each community college district for which any amount
calculated in subparagraph (A) is nonzero as to the reported change
and its resulting impact on revenue apportionments. After March 1,
2010, however, the board shall not notify a community college
district if the amount calculated in subparagraph (A) is the same
amount as the board calculated in the preceding year.
(6) A community college district may submit documentation to the
Board of Governors of the California Community Colleges showing that
all or part of the amount reported to the district pursuant to
subparagraph (B) of paragraph (4) and subparagraph (B) of paragraph
(5) was previously reported to the California Community Colleges for
the purpose of the revenue level calculations made pursuant to
Section 84751 of the Education Code. Upon acceptance of the
documentation, the board of governors shall adjust the amounts
calculated in paragraphs (4) and (5) accordingly.
(7) The Board of Governors of the California Community Colleges
shall make corrections in any amounts allocated in any fiscal year to
each community college district for which any amount calculated in
paragraphs (4) and (5) is nonzero so as to account for the changes
reported pursuant to paragraph (4) of subdivision (b) and paragraph
(4) of subdivision (c). The board may make the corrections over a
period of time, not to exceed five years.
(i) (1) After February 1, 2009, for an agency listed on the most
recent Controller's report pursuant to subparagraph (B) or (E) of
paragraph (1) of subdivision (g), all of the following shall apply:
(A) The agency shall be prohibited from adding new project areas
or expanding existing project areas. For purposes of this paragraph,
"project area" has the same meaning as in Sections 33320.1 to
33320.3, inclusive, and Section 33492.3.
(B) The agency shall be prohibited from issuing new bonds, notes,
interim certificates, debentures, or other obligations, whether
funded, refunded, assumed, or otherwise, pursuant to Article 5
(commencing with Section 33640).
(C) The agency shall be prohibited from encumbering any funds or
expending any moneys derived from any source, except that the agency
may encumber funds and expend funds to pay, if any, all of the
following:
(i) Bonds, notes, interim certificates, debentures, or other
obligations issued by an agency before the imposition of the
prohibition in subparagraph (B) whether funded, refunded, assumed, or
otherwise, pursuant to Article 5 (commencing with Section 33460).
(ii) Loans or moneys advanced to the agency, including, but not
limited to, loans from federal, state, local agencies, or a private
entity.
(iii) Contractual obligations that, if breached, could subject the
agency to damages or other liabilities or remedies.
(iv) Obligations incurred pursuant to Section 33445.
(v) Indebtedness incurred pursuant to Section 33334.2 or 33334.6.
(vi) Obligations incurred pursuant to Section 33401.
(vii) An amount, to be expended for the monthly operation and
administration of the agency, that may not exceed 75 percent of the
average monthly amount spent for those purposes in the fiscal year
preceding the fiscal year in which the agency was first listed on the
Controller's report pursuant to subparagraph (B) or (E) of paragraph
(1) of subdivision (g).
(2) After February 1, 2009, an agency identified in subparagraph
(B) or (E) of paragraph (1) of subdivision (g) shall incur interest
charges on any passthrough payment that is made to a local
educational agency more than 60 days after the close of the fiscal
year in which the passthrough payment was required. Interest shall be
charged at a rate equal to 150 percent of the current Pooled Money
Investment Account earnings annual yield rate and shall be charged
for the period beginning 60 days after the close of the fiscal year
in which the passthrough payment was due through the date that the
payment is made.
(3) The Controller,
with the concurrence of the Director of Finance, may waive the
provisions of paragraphs (1) and (2) for a period of up to 12 months
if the Controller determines all of the following:
(A) The county auditor has identified the agency in its most
recent report issued pursuant to paragraph (2) of subdivision (f) as
an agency for which the auditor has issued a finding of concurrence
for all reports required pursuant to subdivisions (b) and (c).
(B) The agency has filed a statement of dispute on an issue or
issues that, in the opinion of the Controller, are likely to be
resolved in a manner consistent with the agency's position.
(C) The agency has made passthrough payments to local educational
agencies and the county Educational Revenue Augmentation Fund, or has
had funds previously withheld by the auditor, in amounts that would
satisfy the agency's passthrough payment requirements to local
educational agencies if the issue or issues addressed in the
statement of dispute were resolved in a manner consistent with the
agency's position.
(D) The agency would sustain a fiscal hardship if it made
passthrough payments to local educational agencies and the county
Educational Revenue Augmentation Fund in the amounts estimated by the
county auditor.
(j) Notwithstanding any other provision of law, if an agency
report submitted pursuant to subdivision (b) or (c) indicates
outstanding payment obligations to a local educational agency, the
agency shall make these outstanding payments as follows:
(1) Of the outstanding payments owed to school districts,
including any interest payments pursuant to paragraph (2) of
subdivision (i), 43.3 percent shall be deposited in the county
Educational Revenue Augmentation Fund and the remainder shall be
allocated to the school district or districts.
(2) Of the outstanding payments owed to community college
districts, including any interest payments pursuant to paragraph (2)
of subdivision (i), 47.5 percent shall be deposited in the county
Educational Revenue Augmentation Fund and the remainder shall be
allocated to the community college district or districts.
(3) Of the outstanding payments owed to county offices of
education, including any interest payments pursuant to paragraph (2)
of subdivision (i), 19 percent shall be deposited in the county
Educational Revenue Augmentation Fund and the remainder shall be
allocated to the county office of education.
(k) (1) This section shall not be construed to increase any
allocations of excess, additional, or remaining funds that would
otherwise have been allocated to cities, counties, cities and
counties, or special districts pursuant to clause (i) of subparagraph
(B) of paragraph (4) of subdivision (d) of Section 97.2 of, clause
(i) of subparagraph (B) of paragraph (4) of subdivision (d) of
Section 97.3 of, or Article 4 (commencing with Section 98) of Chapter
6 of Part 0.5 of Division 1 of, the Revenue and Taxation Code had
this section not been enacted.
(2) Notwithstanding any other provision of law, no funds deposited
in the county Educational Revenue Augmentation Fund pursuant to
subdivision (j) shall be distributed to a community college district.
(l) A county may require an agency to reimburse the county for any
expenses incurred by the county in performing the services required
by this section.
SEC. 114. Section 42310 of the Health and Safety Code is amended
to read:
42310. (a) A permit shall not be required for any of the
following:
(1) Any vehicle.
(2) Any structure designed for and used exclusively as a dwelling
for not more than four families.
(3) An incinerator used exclusively in connection with a structure
described in paragraph (2).
(4) Barbecue equipment that is not used for commercial purposes.
(5) (A) Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted.
(B) As used in this paragraph, maintenance does not include
operation.
(b) Nothing in this section shall affect any requirements imposed
on a district or a source of air pollution, including, but not
limited to, an agricultural source, pursuant to the federal Clean Air
Act (42 U.S.C. Sec. 7401 et seq.).
SEC. 115. Section 50707 of the Health and Safety Code is amended
to read:
50707. (a) The department shall issue a request for qualification
to select one or more nonprofit entities that qualify under Section
501(c)(3) of the Internal Revenue Code to borrow moneys from the
Practitioner Fund to purchase real property for the development or
preservation of housing affordable to low- and moderate-income
households. The selection of one or more nonprofit entities that
qualify shall be made by the department, based on the review and
recommendation of the department's Loan and Grant Committee. The loan
from the Practitioner Fund will be for a maximum of five years.
(b) The entity or entities selected pursuant to subdivision (a)
shall demonstrate all of the following:
(1) Operation as a nonprofit entity that qualifies under Section
501(c)(3) of the Internal Revenue Code with housing development
experience in this state and a minimum of 25 employees.
(2) Availability of additional funds of at least three times the
loan amount.
(3) Completion of not less than 2,500 total housing units, with
each housing development project having a majority of its units
affordable to low- and moderate-income families, as defined in
Section 50052.5 or 50053. For purposes of this requirement, the
applicant shall be the developer of record with primary day-to-day
management and financial responsibility for the development.
(4) Sufficient organizational stability and capacity to use the
Practitioner Fund to achieve scale economies in the development and
preservation of affordable housing. Capacity may be demonstrated by
substantial successful experience in affordable housing development
and management, including successful partnerships with local
government entities.
(5) Assets worth at least two hundred million dollars
($200,000,000), to demonstrate evidence of sufficient net worth for
assurance of repayment of the loan.
(c) The guidelines and regulations, at a minimum, shall do all of
the following:
(1) Establish the minimum criteria required of the practitioner
and a point system for rating and ranking responses.
(2) Provide that any equity not originally contributed by the
borrower shall be returned to the state for the purposes of this
program, if property acquired with state funds is sold or transferred
for purposes other than affordable housing.
(3) Give priority to those respondents who demonstrate an
immediate need of funds from the committee and who can demonstrate
the greatest levels of efficiency and economies of scale.
(4) Establish a reasonable practitioner administrative fee.
(d) Funds not used by a practitioner within 36 months after their
availability to the practitioner shall be disencumbered and
transferred to the Loan Fund.
(e) The guidelines and regulations shall require that before
expending any state funds, the borrower shall obtain binding
commitments for at least three dollars ($3) of nonstate acquisition
capital to leverage every dollar of loan funds. To be considered
nonstate acquisition capital, those funds shall be committed for a
term at least equal to the term of the loan made under this section,
and shall be available to be used for the purposes of this section.
Equity from the anticipated sale of either federal or state
low-income housing tax credits shall not be considered nonstate
acquisition capital. If the selected entity is unable to meet these
capital leveraging requirements within 180 days after selection, the
loan shall be repaid, with accumulated interest, to the department,
deposited in the fund, and made available to the next highest rated
qualified project sponsor. If, within 270 days after selection, there
is no remaining qualified applicant available in the case of the
Practitioner Fund, any unexpended funds shall be made available for
the purposes of Section 50706.
(f) The department shall establish a schedule for the timely
expenditure of funds by the applicant. The department may require
repayment in the event that a selected entity fails to use the funds
consistently with the schedule and the other terms of the program.
SEC. 116. Section 52013 of the Health and Safety Code, as amended
by Section 1 of Chapter 283 of the Statutes of 2008, is amended to
read:
52013. (a) "Home mortgage" or "mortgage" means an
interest-bearing loan made as provided in this part to a mortgagor,
whether originated in the manner provided in subdivision (a) or (b)
of Section 52020 that is either of the following:
(1) Evidenced by a promissory note and secured by a mortgage, deed
of trust, or other security instrument on a home, and that may be,
but is not required to be, additionally secured by insurance on the
payment of the note for the purposes of purchasing, constructing, or
improving a home that meets any of the criteria described in
paragraphs (1) to (3), inclusive, of subdivision (b).
(2) Evidenced by a promissory note and secured by a mortgage, deed
of trust, or other security instrument on a home, and that is
federally insured, federally guaranteed, or eligible to be purchased
by the Federal National Mortgage Association or the Federal Home Loan
and Mortgage Corporation for the purposes of refinancing a home that
meets the criteria described in paragraph (3) of subdivision (b).
(b) The following criteria apply for the purposes of subdivision
(a):
(1) Is newly constructed or is being rehabilitated and that, in
either case, is located within an area or neighborhood in which the
city or county is conducting a housing rehabilitation or code
enforcement program, a neighborhood preservation area or concentrated
rehabilitation area designated pursuant to this division, an area
for which federal funds are being made available, or a residential
rehabilitation area as defined in Section 37912. However, a loan may
be made for the purchase of a newly constructed home anywhere within
the city or county if the purchase is in connection with a program
adopted by ordinance of the city or county the purpose of which is to
increase the housing supply.
(2) Is a home upon which no rehabilitation is being undertaken in
connection with any financing pursuant to this part, where the
purchaser will not be the first occupant and that is located within
the city or county making or purchasing the home mortgage.
(3) Is an existing home within the city or county making or
purchasing the home mortgage and the owner is, and will be, the
occupant of the house.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 117. Section 52013 of the Health and Safety Code, as added by
Section 2 of Chapter 283 of the Statutes of 2008, is amended to
read:
52013. (a) "Home mortgage" or "mortgage" means an
interest-bearing loan made as provided in this part to a mortgagor,
whether originated in the manner provided in subdivision (a) or (b)
of Section 52020 that is evidenced by a promissory note and secured
by a mortgage, deed of trust, or other security instrument on a home,
and that may but is not required to be additionally secured by
insurance on the payment of the note for the purpose of purchasing,
constructing, or improving a home that meets either of the following
criteria:
(1) Is newly constructed or is being rehabilitated and that, in
either case, is located within an area or neighborhood in which the
city or county is conducting a housing rehabilitation or code
enforcement program, a neighborhood preservation area or concentrated
rehabilitation area designated pursuant to this division, an area
for which federal funds are being made available, or a residential
rehabilitation area as defined in Section 37912. However, a loan may
be made for the purchase of a newly constructed home anywhere within
the city or county if the purchase is in connection with a program
adopted by ordinance of the city or county the purpose of which is to
increase the housing supply.
(2) Is a home upon which no rehabilitation is being undertaken in
connection with any financing pursuant to this part, where the
purchaser will not be the first occupant, and that is located within
the city or county making or purchasing the home mortgage.
(b) A "home mortgage" or "mortgage" shall not include a loan to a
mortgagor for the purpose of refinancing an existing obligation of
the mortgagor, unless substantial rehabilitation is to be undertaken
in connection with the loan.
(c) This section shall become operative January 1, 2012.
SEC. 118. Section 103526.5 of the Health and Safety Code is
amended to read:
103526.5. (a) Each certified copy of a birth or death record
issued pursuant to Section 103525 shall include the date issued, the
name of the issuing officer, the signature of the issuing officer,
whether that is the State Registrar, local registrar, county
recorder, or county clerk, or an authorized facsimile thereof, and
the seal of the issuing office.
(b) All certified copies of birth and death records issued
pursuant to Section 103525 shall be printed on chemically sensitized
security paper that measures 81/2 by 11 inches and that has the
following features:
(1) Intaglio print.
(2) Latent image.
(3) Fluorescent, consecutive numbering with matching barcode.
(4) Microprint line.
(5) Prismatic printing.
(6) Watermark.
(7) Void pantograph.
(8) Fluorescent security threads.
(9) Fluorescent fibers.
(10) Any other security features deemed necessary by the State
Registrar.
(c) The State Registrar, local registrars, county recorders, and
county clerks shall take precautions to ensure that uniform and
consistent standards are used statewide to safeguard the security
paper described in subdivision (b), including, but not limited to,
the following measures:
(1) Security paper shall be maintained under secure conditions so
as not to be accessible to the public.
(2) A log shall be kept of all visitors allowed in the area where
security paper is stored.
(3) All spoilage shall be accounted for and subsequently destroyed
by shredding on the premises.
SEC. 119. Section 107115 of the Health and Safety Code is amended
to read:
107115. (a) A person seeking to participate in on-the-job
training for purposes of paragraph (1) of subdivision (a) of Section
106976, or clause (i) of subparagraph (A) of paragraph (4) of
subdivision (d) of Section 107155, shall, prior to his or her
participation, do both of the following:
(1) Register with the department by submitting an application in
accordance with subdivision (b).
(2) Obtain a receipt of acknowledgment, as described in
subdivision (c).
(b) The application shall contain all of the following
information:
(1) The applicant's legal name, mailing address, and telephone
number.
(2) A statement identifying whether the on-the-job training will
be performed to meet the requirements of the American Registry of
Radiologic Technologists pursuant to paragraph (1) of subdivision (a)
of Section 106976, or to meet the requirements of the Nuclear
Medicine Technology Certification Board pursuant to clause (i) of
subparagraph (A) of paragraph (4) of subdivision (d) of Section
107155.
(3) For those applicants seeking to meet the requirements of
paragraph (1) of subdivision (a) of Section 106976, the certificate
number as shown on the applicant's Nuclear Medicine Technology
Certificate (NMTC) issued by the department pursuant to Article 6
(commencing with Section 107150).
(4) For those applicants seeking to meet the requirements of
clause (i) of subparagraph (A) of paragraph (4) of subdivision (d) of
Section 107155, the certificate number as shown on the applicant's
Radiologic Technology Certificate (RTC) issued by the department
pursuant to Article 5 (commencing with Section 106955).
(5) A letter from each facility where the applicant will perform
the activities described in Section 106976 or 107155, as applicable.
The letter shall be on facility letterhead that identifies the
facility and its mailing and physical addresses, and shall include
all of the following information:
(A) The license number as shown on the facility's specific license
issued pursuant to the Radiation Control Law (Chapter 8 (commencing
with Section 114960) of Part 9).
(B) Identification of the applicant within the letter and a
statement that the individual is approved to perform activities in
the facility to meet the clinical competencies required by the
organizations identified in Section 106976 or 107155, as applicable.
(C) The name, signature, and date of signature of the person
providing supervision pursuant to paragraph (2) of subdivision (a) of
Section 106976 or clause (ii) of subparagraph (A) of paragraph (4)
of subdivision (d) of Section 107155.
(6) The signature of the applicant.
(7) (A) A fee that is equal to the fee established pursuant to
Section 107080 to obtain an RTC, provided that the amount of the fee
shall not exceed the reasonable cost of administering this section.
(B) All moneys collected pursuant to subparagraph (A) shall be
deposited in the Radiation Control Fund established pursuant to
Section 114980, and used for the purpose described in that section.
(c) (1) Upon receipt of the information and the fee described in
subdivision (a), the individual shall be deemed registered, and the
department shall issue to the individual an acknowledgment of
registration.
(2) The registration shall be valid for a period of 24 consecutive
months and is not renewable, except as provided in paragraph (3).
(3) (A) If the individual fails to obtain a valid computerized
tomography certificate issued by the American Registry of Radiologic
Technologists or positron emission tomography certificate issued by
the Nuclear Medicine Technology Certification Board, as applicable,
within the validity period of the registration, the individual may
reapply for a one-time six-month extension by resubmitting the
application described in subdivision (b). If the individual fails to
obtain the appropriate certificate during the extended six-month
period, the individual shall immediately cease activities.
(B) The department may reauthorize the individual to resume
activities upon the department's approval of an action plan submitted
by the individual. The action plan shall detail the reasons why the
certificate was not obtained, how much of the required competencies
have been completed, and what actions will be taken to complete the
particular competencies and obtain the certificate. Reauthorization
shall not exceed six months.
(d) A violation of this section is a misdemeanor pursuant to
Sections 107075 or 107170, as applicable, and a violator is subject
to discipline pursuant to Section 107065, 107070, or 107165, as
applicable.
SEC. 120. Section 112877 of the Health and Safety Code, as added
by Section 2 of Chapter 694 of the Statutes of 2008, is amended to
read:
112877. Olive oil grades are defined as follows:
(a) "Virgin olive oils" means those oils fit for consumption as
they are, obtained from the fruit of the olive tree solely by
mechanical or other physical means under conditions, particularly
thermal conditions, that do not lead to alterations in the oil, and
which have not undergone any treatment other than washing, decanting,
centrifuging, and filtration. Virgin olive oils fit for consumption
as they are include:
(1) "Extra virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 0.8 grams per
100 grams oil, has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil and meets the
sensory standards of extra virgin olive oil as determined by a taste
panel certified by the International Olive Council, or, if the
International Olive Council ceases to certify taste panels, meets the
sensory standards of a taste panel that is operated by the
University of California or California State University according to
guidelines adopted by the International Olive Council as of 2007.
(2) "Virgin olive oil" means virgin olive oil which has a free
acidity, expressed as oleic acid, of not more than 2 grams per 100
grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(3) "Ordinary virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 3.3 grams
per 100 grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(b) "Olive oil" is the oil consisting of a blend of refined olive
oil and virgin olive oils fit for consumption as they are as defined
in this section. It has a free acidity, expressed as oleic acid, of
not more than 1 gram per 100 grams oil.
(c) "Refined olive oil" means the olive oil obtained from virgin
olive oils by refining methods which do not lead to alterations in
the initial glyceridic structure. It has a free acidity, expressed as
oleic acid, of not more than 0.3 grams per 100 grams oil.
(d) "Olive-pomace oils" means oils obtained by treating olive
pomace with solvents or other physical treatments, to the exclusion
of oils obtained by reesterification processes and of any mixture
with oils of other kinds. They shall be labeled and marketed with the
following designations and definitions:
(1) "Olive-pomace oil" is the oil comprising the blend of refined
olive-pomace oil and virgin olive oils fit for consumption as they
are. It has a free acidity, expressed as oleic acid, of not more than
1 gram per 100 grams oil. In no case shall this blend be called or
labeled "olive oil."
(2) "Refined olive-pomace oil" is the oil obtained from crude
olive-pomace oil by refining methods which do not lead to alterations
in the initial glyceridic structure. It has a free acidity,
expressed as oleic acid, of not more than 0.3 grams per 100 grams
oil.
(3) "Crude olive-pomace oil" means olive-pomace oil that is
intended for refining for use for human consumption or that is
intended for technical use.
SEC. 121. Section 112877 of the Health and Safety Code, as added
by Section 1 of Chapter 695 of the Statutes of 2008, is amended to
read:
112877. Olive oil grades are defined as follows:
(a) "Virgin olive oils" means those oils fit for consumption as
they are, obtained from the fruit of the olive tree solely by
mechanical or other physical means under conditions, particularly
thermal conditions, that do not lead to alterations in the oil, and
which have not undergone any treatment other than washing, decanting,
centrifuging, and filtration. Virgin olive oils fit for consumption
as they are include:
(1) "Extra virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 0.8 grams per
100 grams oil, has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil and would meet the
sensory standards of extra virgin olive oil as determined by a taste
panel certified by the International Olive Council, or, if the
International Olive Council ceases to certify taste panels, would
meet the sensory standards of a taste panel that is operated by the
University of California or California State University according to
guidelines adopted by the International Olive Council as of 2007.
(2) "Virgin olive oil" means virgin olive oil which has a free
acidity, expressed as oleic acid, of not more than 2 grams per 100
grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(3) "Ordinary virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 3.3 grams
per 100 grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(b) "Olive oil" is the oil consisting of a blend of refined olive
oil and virgin olive oils fit for consumption as they are as defined
in this section. It has a free acidity, expressed as oleic acid, of
not more than 1 gram per 100 grams oil.
(c) "Refined olive oil" means the olive oil obtained from virgin
olive oils by refining methods which do not lead to alterations in
the initial glyceridic structure. It has a free acidity, expressed as
oleic acid, of not more than 0.3 grams per 100 grams oil.
(d) "Olive-pomace oils" means oils obtained by treating olive
pomace with solvents or other physical treatments, to the exclusion
of oils obtained by reesterification processes and of any mixture
with oils of other kinds. They shall be labeled and marketed with the
following designations and definitions:
(1) "Olive-pomace oil" is the oil comprising the blend of refined
olive-pomace oil and virgin olive oils fit for consumption as they
are. It has a free acidity, expressed as oleic acid, of not more than
1 gram per 100 grams oil. In no case shall this blend be called or
labeled "olive oil."
(2) "Refined olive-pomace oil" is the oil obtained from crude
olive-pomace oil by refining methods which do not lead to alterations
in the initial glyceridic structure. It has a free acidity,
expressed as oleic acid, of not more than 0.3 grams per 100 grams
oil.
(3) "Crude olive-pomace oil" means olive-pomace oil that is
intended for refining for use for human consumption or that is
intended for technical use.
SEC. 122. Section 114094 of the Health and Safety Code is amended
to read:
114094. (a) For purposes of this section, the following
definitions shall apply:
(1) "Food facility" means a food facility in the state that
operates under common ownership or control with at least 19 other
food facilities with the same name in the state that offer for sale
substantially the same menu items, or operates as a franchised outlet
of a parent company with at least 19 other franchised outlets with
the same name in the state that offer for sale substantially the same
menu items, except that a "food facility" does not include the
following:
(A) Certified farmer's markets.
(B) Commissaries.
(C) Grocery stores, except for separately owned food facilities to
which this section otherwise applies that are located in the grocery
store. For purposes of this paragraph, "grocery store" means a store
primarily engaged in the retail sale of canned food, dry goods,
fresh fruits and vegetables, and fresh meats, fish, and poultry.
"Grocery store" includes
convenience stores.
(D) Licensed health care facilities.
(E) Mobile support units.
(F) Public and private school cafeterias.
(G) Restricted food service facilities.
(H) Retail stores in which a majority of sales are from a
pharmacy, as defined in Section 4037 of the Business and Professions
Code.
(I) Vending machines.
(2) "Calorie content information" means the total number of
calories per standard menu item, as that item is usually prepared and
offered for sale.
(3) "Drive-through" means an area where a customer may provide an
order for and receive standard menu items while occupying a motor
vehicle.
(4) "Menu board" means a posted list or pictorial display of food
or beverage items offered for sale by a food facility.
(5) "Nutritional information" includes, but is not limited to, all
of the following, per standard menu item, as that item is usually
prepared and offered for sale:
(A) Total number of calories.
(B) Total number of grams of carbohydrates.
(C) Total number of grams of saturated fat.
(D) Total number of milligrams of sodium.
(6) "Point of sale" means the location where a customer makes an
order.
(7) "Standard menu item" means a food or beverage item offered for
sale by a food facility through a menu, menu board, or display tag
at least 180 days per calendar year, except that "standard menu item"
does not include any of the following:
(A) A food item that is customized on a case-by-case basis in
response to an unsolicited customer request.
(B) An alcoholic beverage, the labeling of which is not regulated
by the federal Food and Drug Administration.
(C) A packaged food otherwise subject to the nutrition labeling
requirements of the federal Nutrition Labeling and Education Act of
1990.
(D) A food item when served at a consumer self-service salad bar.
(E) A food or beverage item when served at a consumer self-service
buffet.
(8) "Reasonable basis" means any reasonable means recognized by
the federal Food and Drug Administration of determining nutritional
information, as well as calorie content information, for a standard
menu item, as usually prepared and offered for sale, including, but
not limited to, nutrient databases and laboratory analyses.
(9) "Appetizer" means a food item that is generally served prior
to a food item that is generally regarded as the primary food item in
a meal. An "appetizer" includes a first course, starter, or small
plate.
(10) "Dessert" means a food item that is generally served after a
food item that is generally regarded as the primary food item in a
meal. "Dessert" includes, but is not limited to, cakes, pastries,
pies, ice cream and food items that contain ice cream, confections,
and other sweets.
(b) (1) Commencing July 1, 2009, to December 31, 2010, inclusive,
every food facility shall either disclose nutritional information as
required by paragraph (2), or comply with subdivision (c) during this
period of time.
(2) (A) In order to comply with paragraph (1), a food facility
that does not provide sit-down service shall disclose the information
in a clear and conspicuous manner on a brochure that is made
available at the point of sale prior to or during the placement of an
order. A food facility that provides sit-down service shall provide
the nutritional information in a clear and conspicuous size and
typeface on at least one of the following:
(i) A brochure available on the table.
(ii) A menu next to each standard menu item.
(iii) A menu, under an index section that is separate from the
listing of standard menu items.
(iv) A menu insert.
(v) A table tent on the table.
(B) Notwithstanding subparagraph (A), a food facility that has a
drive-through area and uses a menu board to display or list standard
menu items at the point of sale shall, for purposes of the
drive-through area only, disclose the nutritional information in a
clear and conspicuous manner on a brochure that is available upon
request, and shall conspicuously display a notice at the point of
sale that reads: "NUTRITION INFORMATION IS AVAILABLE UPON REQUEST" or
other similar statement that indicates the disclosure of nutrition
information is available upon request.
(c) (1) On and after January 1, 2011, every food facility that
provides a menu shall disclose calorie content information for a
standard menu item next to the item on the menu in a size and
typeface that is clear and conspicuous.
(2) On and after January 1, 2011, every food facility that uses an
indoor menu board shall disclose calorie content information for a
standard menu item next to the item on the menu board in a size and
typeface that is clear and conspicuous.
(3) On and after January 1, 2011, every food facility that uses a
display tag as an alternative to a menu or menu board to describe a
standard menu item that is displayed for sale in a display case
within the food facility shall disclose calorie content information
for that standard menu item on the display tag for that item in a
size and typeface that is clear and conspicuous.
(4) On and after January 1, 2011, every food facility that has a
drive-through area and uses a menu board to display or list standard
menu items at the point of sale shall, for purposes of the
drive-through area only, disclose the nutritional information for
each standard menu item in a clear and conspicuous manner on a
brochure that is available upon request, and shall clearly and
conspicuously display a notice at the point of sale that reads:
"NUTRITION INFORMATION IS AVAILABLE UPON REQUEST" or other similar
statement that indicates the disclosure of nutrition information upon
request. If a food facility subject to this paragraph discloses
nutritional information in the manner described in subparagraph (B)
of paragraph (2) of subdivision (b), the food facility shall be
deemed to be in compliance with this paragraph.
(d) For purposes of subdivision (c), the disclosure of calorie
content information on a menu or menu board next to a standard menu
item that is a combination of at least two standard menu items on the
menu or menu board, shall, based upon all possible combinations for
that standard menu item, include both the minimum amount of calories
for the calorie count information and the maximum amount of calories
for the calorie count information. If there is only one possible
total amount of calories, then this total shall be disclosed.
(e) For purposes of subdivision (c), the disclosure of calorie
content information on a menu or menu board next to a standard menu
item that is not an appetizer or dessert, but is intended to serve
more than one individual, shall include both of the following:
(1) The number of individuals intended to be served by the
standard menu item.
(2) The calorie content information per individual serving. If the
standard menu item is a combination of at least two standard menu
items, this disclosure shall, based upon all possible combinations
for that standard menu item, include both the minimum amount of
calories for the calorie count information and the maximum amount of
calories. If there is only one possible total amount of calories,
then this total shall be disclosed.
(f) The nutritional information and calorie content information
required by this section shall be determined on a reasonable basis. A
reasonable basis determination of nutritional information and
calorie content information shall be required only once per standard
menu item, provided that portion size is reasonably consistent and
the food facility follows a standardized recipe and trains to a
consistent method of preparation.
(g) (1) Every brochure provided pursuant to this section shall
include the statement: "Recommended limits for a 2,000 calorie daily
diet are 20 grams of saturated fat and 2,300 milligrams of sodium."
(2) Menus and menu boards may include a disclaimer that indicates
that there may be variations in nutritional content across servings,
based on variations in overall size and quantities of ingredients,
and based on special ordering.
(h) This section shall not be construed to create or enhance any
claim, right of action, or civil liability that did not previously
exist under state law or limit any claim, right of action, or civil
liability that otherwise exists under state law. The only enforcement
mechanism of the section is the local enforcement agency.
(i) This section shall not be construed to preclude any food
facility from voluntarily providing nutritional information in
addition to the requirements of this section.
(j) To the extent consistent with federal law, this section, as
well as any other state law that regulates the disclosure of
nutritional information, is a matter of statewide concern and
occupies the whole field of regulation regarding the disclosure of
nutritional information by a food facility. No ordinance or
regulation of a local government shall regulate the dissemination of
nutritional information by a food facility. Any ordinance or
regulation that violates this prohibition is void and shall have no
force or effect.
(k) Commencing July 1, 2009, a food facility that violates this
section is guilty of an infraction, punishable by a fine of not less
than fifty dollars ($50) or more than five hundred dollars ($500),
which may be assessed by a local enforcement agency. However, a food
facility may not be found to violate this section more than once
during an inspection visit. Notwithstanding Section 114395, a
violation of this section is not a misdemeanor.
(l) If any provision of this section, or the application thereof,
is for any reason held invalid, ineffective, or unconstitutional by a
court of competent jurisdiction, the remainder of this section,
shall not be affected thereby, and to this end, the provisions of
this section are severable.
SEC. 123. Section 130501 of the Health and Safety Code is amended
to read:
130501. For purposes of this division, the following definitions
shall apply:
(a) "Average manufacturer's price" has the same meaning as this
term is defined in Section 1927(k)(1) of the federal Social Security
Act (42 U.S.C. Sec. 1396r-8(k)(1)).
(b) "Department" means the State Department of Health Care
Services.
(c) "Eligible Californian" means a resident of the state who meets
any one or more of the following:
(1) Has total unreimbursed medical expenses equal to at least 10
percent of his or her family's income where the family's income does
not exceed the state median family income.
(2) To the extent allowed by federal law, is enrolled in the
Medicare Program, but whose prescription drugs are not covered by the
Medicare Program.
(3) Has a family income that does not exceed 300 percent of the
federal poverty guidelines and who does not have outpatient
prescription drug coverage paid for by any one of the following:
(A) In whole by the Medi-Cal program.
(B) In whole or in part by the Healthy Families Program or other
programs funded by the state.
(C) In whole or in part by another third-party payer, provided
that the individual has not reached the annual limit on his or her
prescription drug coverage.
(4) For purposes of this subdivision, the cost of drugs provided
under this division is considered an expense incurred by the family
for eligibility determination purposes.
(d) "Fund" means the California Discount Prescription Drug Program
Fund.
(e) "Manufacturer" means a drug manufacturer as defined in Section
4033 of the Business and Professions Code.
(f) "Manufacturer's rebate" means the rebate for an individual
drug or aggregate rebate for a group of drugs necessary to make the
price for the drug ingredients equal to or less than the applicable
benchmark price.
(g) "Medicaid best price" has the same meaning as this term is
defined in Section 1927(c)(1)(C) of the Social Security Act (42
U.S.C. Sec. 1396r-8(c)(1)(C)).
(h) "Multiple-source drug" has the same meaning as this term is
defined in Section 1927(k)(7) of the Social Security Act (42 U.S.C.
Sec. 1396r-8(k)(7)).
(i) "National drug code" or "NDC" means the unique 10-digit,
three-segment number assigned to each drug product listed under
Section 510 of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 360). This number identifies the labeler or vendor, product, and
trade package.
(j) "National sales data" means prescription data obtained from a
national-level prescription tracking service.
(k) "Participating manufacturer" means a drug manufacturer that
has contracted with the department to provide an individual drug or
group of drugs for the program.
( l ) "Participating pharmacy" means a pharmacy that
has executed a pharmacy provider agreement with the department for
this program.
(m) "Pharmacy contract rate" means the negotiated per prescription
reimbursement rate for drugs dispensed to eligible Californians. The
department shall establish a single, basic pharmacy rate, but may
contract at different rates with pharmacies in order to provide
access throughout the state.
(n) "Prescription drug" means any drug that bears the legend:
"Caution: federal law prohibits dispensing without prescription," "Rx
only," or words of similar import.
(o) "Private discount drug program" means a prescription drug
discount card or manufacturer patient assistance program that
provides discounted or free drugs to eligible individuals. For the
purposes of this division, a private discount drug program is not
considered insurance or a third-party-payer program.
(p) "Program" means the California Discount Prescription Drug
Program.
(q) "Single-source drug" has the same meaning as this term and the
term innovator multiple-source drug are defined in Section 1927(k)
(7) of the Social Security Act (42 U.S.C. Sec. 1396r-8(k)(7)).
(r) "Therapeutic category" means a drug or a grouping of drugs
determined by the department to have similar attributes and to be
alternatives for the treatment of a specific disease or condition.
(s) "Volume weighted average discount" means the aggregated
average discount for the drugs of a manufacturer, weighted by each
drug's percentage of the total prescription volume of that
manufacturer's drugs. For purposes of this calculation, discounts
shall include any rebate amounts used to fund program costs pursuant
to Section 130542.1. Drugs excluded from contracting by the
department, pursuant to subdivision (d) of Section 130506 and in a
manner consistent with subdivision (c) of Section 130506, shall be
excluded from the calculation of the volume weighted average
discount. National sales data shall be used to calculate the volume
weighted average discount pursuant to Section 130506. Program
utilization data shall be used to calculate the volume weighted
average discount pursuant to Section 130507.
SEC. 124. Section 130506 of the Health and Safety Code is amended
to read:
130506. (a) The department shall negotiate drug discount
agreements with manufacturers to provide discounts for single-source
and multiple-source prescription drugs through the program. The
department shall attempt to negotiate the maximum possible discount
for an eligible Californian. The department shall attempt to
negotiate, with each manufacturer, discounts to offer single-source
prescription drugs under the program at a volume weighted average
discount that is equal to or below any one of the following benchmark
prices:
(1) Eighty-five percent of the average manufacturer price for a
drug, as published by the federal Centers for Medicare and Medicaid
Services.
(2) The lowest price provided to any nonpublic entity in the state
by a manufacturer to the extent that the Medicaid best price exists
under federal law.
(3) The Medicaid best price, to the extent that this price exists
under federal law.
(b) The department may require the drug manufacturer to provide
information that is reasonably necessary for the department to carry
out its duties pursuant to this division.
(c) The department shall pursue manufacturer discount agreements
to ensure that the number and type of drugs available through the
program is sufficient to give an eligible Californian a formulary
comparable to the Medi-Cal list of contract drugs, or if this
information is available to the department, a formulary that is
comparable to that provided to CalPERS enrollees.
(d) To obtain the most favorable discounts, the department may
limit the number of drugs available through the program.
(e) The drug discount agreements negotiated pursuant to this
section shall be used to reduce the cost of drugs purchased by
program participants and to fund program costs pursuant to Section
130542.1.
(f) All information reported by a manufacturer to, negotiations
with, and agreements executed with, the department or its third-party
vendor pursuant to this section, shall be considered confidential
and corporate proprietary information. This information shall not be
subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code). The Bureau of State Audits and the
Controller shall have access to pricing information in a manner that
is consistent with their access to this information under the
Medi-Cal program and under law. The Bureau of State Audits and the
Controller may use this information only to investigate or audit the
administration of the program. Neither the Bureau of State Audits,
the Controller, nor the department may disclose this information in a
form that identifies a specific manufacturer or wholesaler or prices
charged for drugs of this manufacturer or wholesaler. Information
provided to the department pursuant to subdivision (e) of Section
130530 shall not be affected by the confidentiality protections
established by this subdivision.
(g) (1) Any pharmacy licensed pursuant to Chapter 9 (commencing
with Section 4000) of Division 2 of the Business and Professions Code
may participate in the program.
(2) Any manufacturer may participate in the program.
SEC. 125. Section 779.11 of the Insurance Code is amended to read:
779.11. The provisions of subdivisions (f) and (g) of Section
10291.5 shall be applicable to the withdrawal of the approval of
forms, whether of life or disability insurance, required by this
article to be filed with or approved by the commissioner.
SEC. 126. Section 790.037 of the Insurance Code is amended to
read:
790.037. (a) It is an unfair business practice for a health
insurance agent or broker to sell, solicit, or negotiate the purchase
of health insurance by any of the following methods:
(1) The use of a marketing technique known as cold lead
advertising when marketing a Medicare product. As used in this
section, "cold lead advertising" means making use directly or
indirectly of a method of marketing that fails to disclose in a
conspicuous manner that a purpose of the marketing is health
insurance sales solicitation and that contact will be made by a
health insurance agent or broker.
(2) The use of an appointment that was made to discuss a
particular Medicare product or to solicit the sale of a particular
Medicare product in order to solicit the sale of another Medicare
product or other health insurance products, unless the consumer
specifically agrees in advance of the appointment to discuss that
other Medicare product or other types of health insurance products
during the same appointment.
(b) As used in this section, "Medicare product" includes Medicare
Parts A, B, C, and D, and Medicare supplement plans.
SEC. 127. Section 1063.1 of the Insurance Code is amended to read:
1063.1. As used in this article:
(a) "Member insurer" means an insurer required to be a member of
the association in accordance with subdivision (a) of Section 1063,
except and to the extent that the insurer is participating in an
insolvency program adopted by the United States government.
(b) "Insolvent insurer" means an insurer that was a member insurer
of the association, consistent with paragraph (11) of subdivision
(c), either at the time the policy was issued or when the insured
event occurred, and against which an order of liquidation or
receivership with a finding of insolvency has been entered by a court
of competent jurisdiction, or, in the case of the State Compensation
Insurance Fund, if a finding of insolvency is made by a duly enacted
legislative measure.
(c) (1) "Covered claims" means the obligations of an insolvent
insurer, including the obligation for unearned premiums, that satisfy
all of the following requirements:
(A) Imposed by law and within the coverage of an insurance policy
of the insolvent insurer.
(B) Which were unpaid by the insolvent insurer.
(C) Which are presented as a claim to the liquidator in this state
or to the association on or before the last date fixed for the
filing of claims in the domiciliary liquidating proceedings.
(D) Which were incurred prior to the date coverage under the
policy terminated and prior to, on, or within 30 days after the date
the liquidator was appointed.
(E) For which the assets of the insolvent insurer are insufficient
to discharge in full.
(F) In the case of a policy of workers' compensation insurance, to
provide workers' compensation benefits under the workers'
compensation law of this state.
(G) In the case of other classes of insurance if the claimant or
insured is a resident of this state at the time of the insured
occurrence, or the property from which the claim arises is
permanently located in this state.
(2) "Covered claims" also includes the obligations assumed by an
assuming insurer from a ceding insurer where the assuming insurer
subsequently becomes an insolvent insurer if, at the time of the
insolvency of the assuming insurer, the ceding insurer is no longer
admitted to transact business in this state. Both the assuming
insurer and the ceding insurer shall have been member insurers at the
time the assumption was made. "Covered claims" under this paragraph
shall be required to satisfy the requirements of subparagraphs (A) to
(G), inclusive, of paragraph (1), except for the requirement that
the claims be against policies of the insolvent insurer. The
association shall have a right to recover any deposit, bond, or other
assets that may have been required to be posted by the ceding
company to the extent of covered claim payments and shall be
subrogated to any rights the policyholders may have against the
ceding insurer.
(3) "Covered claims" does not include obligations arising from the
following:
(A) Life, annuity, health, or disability insurance.
(B) Mortgage guaranty, financial guaranty, or other forms of
insurance offering protection against investment risks.
(C) Fidelity or surety insurance including fidelity or surety
bonds, or any other bonding obligations.
(D) Credit insurance.
(E) Title insurance.
(F) Ocean marine insurance or ocean marine coverage under any
insurance policy including claims arising from the following: the
Jones Act (46 U.S.C. Sec. 688), the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar
federal statutory enactment, or any endorsement or policy affording
protection and indemnity coverage.
(G) Any claims servicing agreement or insurance policy providing
retroactive insurance of a known loss or losses, except a special
excess workers' compensation policy issued pursuant to subdivision
(c) of Section 3702.8 of the Labor Code that covers all or any part
of workers' compensation liabilities of an employer that is issued,
or was previously issued, a certificate of consent to self-insure
pursuant to subdivision (b) of Section 3700 of the Labor Code.
(4) "Covered claims" does not include any obligations of the
insolvent insurer arising out of any reinsurance contracts, nor any
obligations incurred after the expiration date of the insurance
policy or after the insurance policy has been replaced by the insured
or canceled at the insured's request, or after the insurance policy
has been canceled by the liquidator, nor any obligations to any state
or to the federal government.
(5) "Covered claims" does not include any obligations to insurers,
insurance pools, or underwriting associations, nor their claims for
contribution, indemnity, or subrogation, equitable or otherwise,
except as otherwise provided in this chapter.
An insurer, insurance pool, or underwriting association may not
maintain, in its own name or in the name of its insured, any claim or
legal action against the insured of the insolvent insurer for
contribution, indemnity or by way of subrogation, except insofar as,
and to the extent only, that the claim exceeds the policy limits of
the insolvent insurer's policy. In those claims or legal actions, the
insured of the insolvent insurer is entitled to a credit or setoff
in the amount of the policy limits of the insolvent insurer's policy,
or in the amount of the limits remaining, where those limits have
been diminished by the payment of other claims.
(6) "Covered claims," except in cases involving a claim for
workers' compensation benefits or for unearned premiums, does not
include any claim in an amount of one hundred dollars ($100) or less,
nor that portion of any claim that is in excess of any applicable
limits provided in the insurance policy issued by the insolvent
insurer.
(7) "Covered claims" does not include that portion of any claim,
other than a claim for workers' compensation benefits, that is in
excess of five hundred thousand dollars ($500,000).
(8) "Covered claims" does not include any amount awarded as
punitive or exemplary damages, nor any amount awarded by the Workers'
Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the
Labor Code because payment of compensation was unreasonably delayed
or refused by the insolvent insurer.
(9) "Covered claims" does not include (A) any claim to the extent
it is covered by any other insurance of a class covered by this
article available to the claimant or insured or (B) any claim by any
person other than the original claimant under the insurance policy in
his or her own name, his or her assignee as the person entitled
thereto under a premium finance agreement as defined in Section 673
and entered into prior to insolvency, his or her executor,
administrator, guardian, or other personal representative or trustee
in bankruptcy, and does not include any claim asserted by an assignee
or one claiming by right of subrogation, except as otherwise
provided in this chapter.
(10)
"Covered claims" does not include any obligations arising out of the
issuance of an insurance policy written by the separate division of
the State Compensation Insurance Fund pursuant to Sections 11802 and
11803.
(11) "Covered claims" does not include any obligations of the
insolvent insurer arising from any policy or contract of insurance
issued or renewed prior to the insolvent insurer's admission to
transact insurance in the State of California.
(12) "Covered claims" does not include surplus deposits of
subscribers as defined in Section 1374.1.
(13) "Covered claims" shall also include obligations arising under
an insurance policy written to indemnify a permissibly self-insured
employer pursuant to subdivision (b) or (c) of Section 3700 of the
Labor Code for its liability to pay workers' compensation benefits in
excess of a specific or aggregate retention, provided, however, that
for purposes of this article, those claims shall not be considered
workers' compensation claims and therefore are subject to the per
claim limit in paragraph (7) and any payments and expenses related
thereto shall be allocated to category (c) for claims other than
workers' compensation, homeowners, and automobile, as provided in
Section 1063.5.
These provisions shall apply to obligations arising under any
policy as described herein issued to a permissibly self-insured
employer or group of self-insured employers pursuant to Section 3700
of the Labor Code and notwithstanding any other provision of the
Insurance Code, those obligations shall be governed by this provision
in the event that the Self-Insurers' Security Fund is ordered to
assume the liabilities of a permissibly self-insured employer or
group of self-insured employers pursuant to Section 3701.5 of the
Labor Code. The provisions of this paragraph apply only to insurance
policies written to indemnify a permissibly self-insured employer or
group of self-insured employers under subdivision (b) or (c) of
Section 3700, for its liability to pay workers' compensation benefits
in excess of a specific or aggregate retention, and this paragraph
does not apply to special excess workers' compensation insurance
policies unless issued pursuant to authority granted in subdivision
(c) of Section 3702.8 of the Labor Code, and as provided for in
subparagraph (G) of paragraph (3) of subdivision (c). In addition,
this paragraph does not apply to any claims servicing agreement or
insurance policy providing retroactive insurance of a known loss or
losses as are excluded in subparagraph (G) of paragraph (3) of
subdivision (c).
Each permissibly self-insured employer or group of self-insured
employers, or the Self-Insurers' Security Fund, shall, to the extent
required by the Labor Code, be responsible for paying, adjusting, and
defending each claim arising under policies of insurance covered
under this section, unless the benefits paid on a claim exceed the
specific or aggregate retention, in which case:
(A) If the benefits paid on the claim exceed the specific or
aggregate retention, and the policy requires the insurer to defend
and adjust the claim, the California Insurance Guarantee Association
(CIGA) shall be solely responsible for adjusting and defending the
claim, and shall make all payments due under the claim, subject to
the limitations and exclusions of this article with regards to
covered claims. As to each claim subject to this paragraph,
notwithstanding any other provisions of the Insurance Code or the
Labor Code, and regardless of whether the amount paid by CIGA is
adequate to discharge a claim obligation, neither the self-insured
employer, group of self-insured employers, nor the Self-Insurers'
Security Fund, shall have any obligation to pay benefits over and
above the specific or aggregate retention, except as provided in
subdivision (c).
(B) If the benefits paid on the claim exceed the specific or
aggregate retention, and the policy does not require the insurer to
defend and adjust the claim, the permissibly self-insured employer or
group of self-insured employers, or the Self-Insurers' Security
Fund, shall not have any further payment obligations with respect to
the claim, but shall continue defending and adjusting the claim, and
shall have the right, but not the obligation, in any proceeding to
assert all applicable statutory limitations and exclusions as
contained in this article with regard to the covered claim. CIGA
shall have the right, but not the obligation, to intervene in any
proceeding where the self-insured employer, group of self-insured
employers, or the Self-Insurers' Security Fund is defending any such
claim and shall be permitted to raise the appropriate statutory
limitations and exclusions as contained in this article with respect
to covered claims. Regardless of whether the self-insured employer or
group of self-insured employers, or the Self-Insurers' Security
Fund, asserts the applicable statutory limitations and exclusions, or
whether CIGA intervenes in any such proceeding, CIGA shall be solely
responsible for paying all benefits due on the claim, subject to the
exclusions and limitations of this article with respect to covered
claims. As to each claim subject to this paragraph, notwithstanding
any other provision of the Insurance Code or the Labor Code and
regardless of whether the amount paid by CIGA is adequate to
discharge a claim obligation, neither the self-insured employer,
group of self-insured employers, nor the Self-Insurers' Security
Fund, shall have any obligation to pay benefits over and above the
specific or aggregate retention, except as provided in this
subdivision.
(C) In the event that the benefits paid on the covered claim
exceed the per claim limit in paragraph (7) of subdivision (c), the
responsibility for paying, adjusting, and defending the claim shall
be returned to the permissibly self-insured employer or group of
employers, or the Self-Insurers' Security Fund.
These provisions shall apply to all pending and future
insolvencies. For purposes of this paragraph, a pending insolvency is
one involving a company that is currently receiving benefits from
the guaranty association.
(d) "Admitted to transact insurance in this state" means an
insurer possessing a valid certificate of authority issued by the
department.
(e) "Affiliate" means a person who directly or indirectly, through
one or more intermediaries, controls, is controlled by, or is under
common control with an insolvent insurer on December 31 of the year
next preceding the date the insurer becomes an insolvent insurer.
(f) "Control" means the possession, direct or indirect, of the
power to direct or cause the direction of the management and policies
of a person, whether through the ownership of voting securities, by
contract other than a commercial contract for goods or nonmanagement
services, or otherwise, unless the power is the result of an official
position with or corporate office held by the person. Control is
presumed to exist if any person, directly or indirectly, owns,
controls, holds with the power to vote, or holds proxies
representing, 10 percent or more of the voting securities of any
other person. This presumption may be rebutted by showing that
control does not in fact exist.
(g) "Claimant" means any insured making a first party claim or any
person instituting a liability claim; provided that no person who is
an affiliate of the insolvent insurer may be a claimant.
(h) "Ocean marine insurance" includes marine insurance as defined
in Section 103, except for inland marine insurance, as well as any
other form of insurance, regardless of the name, label, or marketing
designation of the insurance policy, that insures against maritime
perils or risks and other related perils or risks, which are usually
insured against by traditional marine insurance such as hull and
machinery, marine builders' risks, and marine protection and
indemnity. Those perils and risks insured against include, without
limitation, loss, damage, or expense or legal liability of the
insured arising out of or incident to ownership, operation,
chartering, maintenance, use, repair, or construction of any vessel,
craft or instrumentality in use in ocean or inland waterways,
including liability of the insured for personal injury, illness, or
death for loss or damage to the property of the insured or another
person.
(i) "Unearned premium" means that portion of a premium as
calculated by the liquidator that had not been earned because of the
cancellation of the insolvent insurer's policy and is that premium
remaining for the unexpired term of the insolvent insurer's policy.
"Unearned premium" does not include any amount sought as return of a
premium under any policy providing retroactive insurance of a known
loss or return of a premium under any retrospectively rated policy or
a policy subject to a contingent surcharge or any policy in which
the final determination of the premium cost is computed after
expiration of the policy and is calculated on the basis of actual
loss experience during the policy period.
SEC. 128. Section 1063.2 of the Insurance Code is amended to read:
1063.2. (a) The association shall pay and discharge covered
claims and in connection therewith pay for or furnish loss adjustment
services and defenses of claimants when required by policy
provisions. It may do so either directly by itself or through a
servicing facility or through a contract for reinsurance and
assumption of liabilities by one or more member insurers or through a
contract with the liquidator, upon terms satisfactory to the
association and to the liquidator, under which payments on covered
claims would be made by the liquidator using funds provided by the
association.
(b) The association shall be a party in interest in all
proceedings involving a covered claim, and shall have the same rights
as the insolvent insurer would have had if not in liquidation,
including, but not limited to, the right to: (1) appear, defend, and
appeal a claim in a court of competent jurisdiction, (2) receive
notice of, investigate, adjust, compromise, settle, and pay a covered
claim, and (3) investigate, handle, and deny a noncovered claim. The
association shall have no cause of action against the insureds of
the insolvent insurer for any sums it has paid out, except as
provided by this article.
(c) (1) If damages against uninsured motorists are recoverable by
the claimant from his or her own insurer, the applicable limits of
the uninsured motorist coverage shall be a credit against a covered
claim payable under this article. Any person having a claim that may
be recovered under more than one insurance guaranty association or
its equivalent shall seek recovery first from the association of the
place of residence of the insured, except that if it is a first-party
claim for damage to property with a permanent location, he or she
shall seek recovery first from the association of the permanent
location of the property, and if it is a workers' compensation claim,
he or she shall seek recovery first from the association of the
residence of the claimant. Any recovery under this article shall be
reduced by the amount of recovery from any other insurance guaranty
association or its equivalent. A member insurer may recover in
subrogation from the association only one-half of any amount paid by
that insurer under uninsured motorist coverage for bodily injury or
wrongful death (and nothing for a payment for anything else), in
those cases where the injured person insured by such an insurer has
proceeded under his or her uninsured motorist coverage on the ground
that the tort-feasor is uninsured as a result of the insolvency of
his or her liability insurer (an insolvent insurer as defined in this
article), provided that the member insurer shall waive all rights of
subrogation against such tort-feasor. Any amount paid a claimant in
excess of the amount authorized by this section may be recovered by
action, or other proceeding, brought by the association.
(2) Any claimant having collision coverage on a loss which is
covered by the insolvent company's liability policy shall first
proceed against his or her collision carrier. Neither that claimant
nor the collision carrier, if it is a member of the association,
shall have the right to sue or continue a suit against the insured of
the insolvent insurance company for that collision damage.
(d) The association shall have the right to recover from any
person who is an affiliate of the insolvent insurer and whose
liability obligations to other persons are satisfied in whole or in
part by payments made under this article the amount of any covered
claim and allocated claims expense paid on behalf of that person
pursuant to this article.
(e) Any person having a claim or legal right of recovery under any
governmental insurance or guaranty program which is also a covered
claim, shall be required to first exhaust his or her right under the
program. Any amount payable on a covered claim shall be reduced by
the amount of any recovery under the program.
(f) "Covered claims" for unearned premium by lenders under
insurance premium finance agreements as defined in Section 673 shall
be computed as of the earliest cancellation date of the policy
pursuant to Section 673 or subdivision (g) of this section.
(g) "Covered claims" shall not include any judgments against or
obligations or liabilities of the insolvent insurer or the
commissioner, as liquidator, or otherwise resulting from alleged or
proven torts, nor shall any default judgment or stipulated judgment
against the insolvent insurer, or against the insured of the
insolvent insurer, be binding against the association.
(h) "Covered claims" shall not include any loss adjustment
expenses, including adjustment fees and expenses, attorney's fees and
expenses, court costs, interest, and bond premiums, incurred prior
to the appointment of a liquidator.
SEC. 129. Section 1765 of the Insurance Code is amended to read:
1765. (a) A license under this chapter shall be applied for and
renewed by the filing with the commissioner of a written application
therefor, in accordance with Section 1652.
(b) Subject to subdivision (f), the commissioner shall issue a
license authorizing any applicant who is trustworthy and competent to
transact an insurance brokerage business in a manner as to safeguard
the interest of the insured, to act as a surplus line broker from
the date of the license until the expiration date specified in
Section 1630.
(c) An applicant for a surplus line broker's license shall, as
part of the application and a condition of the issuance of the
license, file a bond to the people of the State of California in the
sum of fifty thousand dollars ($50,000), conditioned that the
licensee will fully and faithfully comply with the requirements of
this chapter, and all applicable provisions of this code. The bond
shall be subject to Sections 1662 and 1663. A surplus line broker
bond is not required for an individual licensed as a surplus line
broker who transacts only on behalf of a licensed surplus line broker
organization.
(d) The filing fee for a license to act as a surplus line broker
shall be one thousand dollars ($1,000) every two years, or for any
initial fractional license year. For an individual licensed as a
surplus line broker who only transacts on behalf of a surplus line
broker organization, the filing fee shall be five hundred dollars
($500) every two years, or for any initial fractional license year.
Every applicant for a business entity license, as provided in
subdivision (a) of Section 1765.2, shall provide the names of all
persons who may exercise the power and perform the duties under the
license. Whenever an organization licensed as a surplus line broker
desires to change, remove, or add to the natural person or persons
who are to transact insurance under authority of its license, it
shall immediately file an application or notice with the commissioner
for an endorsement changing its license accordingly, on a form
prescribed by the commissioner. The fee for adding or removing from
any surplus line broker's license issued to an organization the name
of any natural person, named thereon, shall be twenty-four dollars
($24). The commissioner shall require that the qualifying examination
provided by subdivision (a) of Section 1676 be taken by any natural
person named by the organization to exercise its agency or brokerage
powers who would be required to take and pass the qualifying
examination. That natural person or persons and the organization are
in all other respects subject to the provisions of this chapter and
the insurance laws.
(e) The department is authorized to collect additional license
fees resulting from the increases in license fees provided by Chapter
29 of the Statutes of 2008 and shall credit any overpayment
resulting from reductions in license fees provided by that act.
(f) A business entity licensed under this chapter shall provide
two hours of appropriate training to its employees who solicit,
negotiate, or effect insurance coverage placed by a nonadmitted
insurer. The training shall be given to each eligible employee every
five years. The surplus line advisory organization authorized
pursuant to Chapter 6.1 (commencing with Section 1780.50) shall
develop the curriculum for the training.
(g) The license shall be renewed in accordance with, and subject
to, Sections 1717, 1718, 1719, and 1720.
(h) The commissioner may deny, suspend, or revoke any license
applied for or granted pursuant to this chapter on all or any one of
the grounds and in accordance with the procedures provided in Article
6 (commencing with Section 1666) and Article 13 (commencing with
Section 1737) of Chapter 5, whenever the commissioner finds that the
applicant or licensee has committed a violation of any provision of
this code.
SEC. 130. Section 10123.145 of the Insurance Code is amended to
read:
10123.145. (a) Whenever an insurer issuing group or individual
policies of disability insurance which covers hospital, medical, or
surgical expenses determines that in reimbursing a claim for provider
services an institutional or professional provider has been
overpaid, and then notifies the provider in writing through a
separate notice identifying the overpayment and the amount of the
overpayment, the provider shall reimburse the insurer within 30
working days of receipt by the provider of the notice of overpayment
unless the overpayment or portion thereof is contested by the
provider in which case the insurer shall be notified, in writing,
within 30 working days. The notice that an overpayment is being
contested shall identify the portion of the overpayment that is
contested and the specific reasons for contesting the overpayment.
If the provider does not make reimbursement for an uncontested
overpayment within 30 working days after receipt, interest shall
accrue at the rate of 10 percent per annum beginning with the first
calendar day after the 30-working-day period.
(b) (1) This subdivision shall only apply to a health insurance
policy covering dental services or a specialized health insurance
policy covering dental services.
(2) The insurer's notice of overpayment shall inform the provider
how to access the insurer's dispute resolution mechanism offered
pursuant to subdivision (a) of Section 10123.137. The notice shall
include the name and address to which the dispute should be submitted
and a statement that Section 10123.145 of the Insurance Code
requires a provider to reimburse the insurer for an overpayment
within 30 working days of receipt by the provider of the notice of
overpayment unless the provider contests the overpayment within 30
working days. The notice shall also include information clearly
identifying the claim, the name of the patient, the date of service,
and a clear explanation of the basis upon which the insurer believes
the amount paid on the claim was in excess of the amount due,
including interest and penalties on the claim. The notice shall also
include a statement that if the provider does not make reimbursement
of an uncontested overpayment within 30 working days after receipt of
the notice, interest shall accrue at a rate of 10 percent per annum.
SEC. 131. Section 10232.2 of the Insurance Code, as added by
Section 3 of Chapter 699 of the Statutes of 1997, is repealed.
SEC. 132. Section 10232.2 of the Insurance Code, as added by
Section 2 of Chapter 700 of the Statutes of 1997, is repealed.
SEC. 133. Section 12693.43 of the Insurance Code is amended to
read:
12693.43. (a) Applicants applying to the purchasing pool shall
agree to pay family contributions, unless the applicant has a family
contribution sponsor. Family contribution amounts consist of the
following two components:
(1) The flat fees described in subdivision (b) or (d).
(2) Any amounts that are charged to the program by participating
health, dental, and vision plans selected by the applicant that
exceed the cost to the program of the highest cost Family Value
Package in a given geographic area.
(b) In each geographic area, the board shall designate one or more
Family Value Packages for which the required total family
contribution is:
(1) Seven dollars ($7) per child with a maximum required
contribution of fourteen dollars ($14) per month per family for
applicants with annual household incomes up to and including 150
percent of the federal poverty level.
(2) Nine dollars ($9) per child with a maximum required
contribution of twenty-seven dollars ($27) per month per family for
applicants with annual household incomes greater than 150 percent and
up to and including 200 percent of the federal poverty level and for
applicants on behalf of children described in clause (ii) of
subparagraph (A) of paragraph (6) of subdivision (a) of Section
12693.70. Commencing the first day of the fifth month following the
enactment of the 2008-09 Budget Act, the family contribution pursuant
to this paragraph shall be twelve dollars ($12) per child with a
maximum required contribution of thirty-six dollars ($36) per month
per family.
(3) (A) On and after July 1, 2005, fifteen dollars ($15) per child
with a maximum required contribution of forty-five dollars ($45) per
month per family for applicants with annual household income to
which subparagraph (B) of paragraph (6) of subdivision (a) of Section
12693.70 is applicable. Notwithstanding any other provision of law,
if an application with an effective date prior to July 1, 2005, was
based on annual household income to which subparagraph (B) of
paragraph (6) of subdivision (a) of Section 12693.70 is applicable,
this subparagraph shall be applicable to the applicant on July 1,
2005, unless subparagraph (B) of paragraph (6) of subdivision (a) of
Section 12693.70 is no longer applicable to the relevant family
income. The program shall provide prior notice to any applicant for
currently enrolled subscribers whose premium will increase on July 1,
2005, pursuant to this subparagraph and, prior to the date the
premium increase takes effect, shall provide that applicant with an
opportunity to demonstrate that subparagraph (B) of paragraph (6) of
subdivision (a) of Section 12693.70 is no longer applicable to the
relevant family income.
(B) Commencing the first day of the fifth month following the
enactment of the 2008-09 Budget Act, the family contribution pursuant
to this paragraph shall be seventeen dollars ($17) per child with a
maximum required contribution of fifty-one dollars ($51) per month
per family.
(c) Combinations of health, dental, and vision plans that are more
expensive to the program than the highest cost Family Value Package
may be offered to and selected by applicants. However, the cost to
the program of those combinations that exceeds the price to the
program of the highest cost Family Value Package shall be paid by the
applicant as part of the family contribution.
(d) The board shall provide a family contribution discount to
those applicants who select the health plan in a geographic area that
has been designated as the Community Provider Plan. The discount
shall reduce the portion of the family contribution described in
subdivision (b) to the following:
(1) A family contribution of four dollars ($4) per child with a
maximum required contribution of eight dollars ($8) per month per
family for applicants with annual household incomes up to and
including 150 percent of the federal poverty level.
(2) Six dollars ($6) per child with a maximum required
contribution of eighteen dollars ($18) per month per family for
applicants with annual household incomes greater than 150 percent and
up to and including 200 percent of the federal poverty level and for
applicants on behalf of children described in clause (ii) of
subparagraph (A) of paragraph (6) of subdivision (a) of Section
12693.70. Commencing the first day of the fifth month following the
enactment of the 2008-09 Budget Act, the family contribution pursuant
to this paragraph shall be nine dollars ($9) per child with a
maximum required contribution of twenty-seven dollars ($27) per month
per family.
(3) (A) On and after July 1, 2005, twelve dollars ($12) per child
with a maximum required contribution of thirty-six dollars ($36) per
month per family for applicants with annual household income to which
subparagraph (B) of paragraph (6) of subdivision (a) of Section
12693.70 is applicable. Notwithstanding any other provision of law,
if an application with an effective date prior to July 1, 2005, was
based on annual household income to which subparagraph (B) of
paragraph (6) of subdivision (a) of Section 12693.70 is applicable,
then this subparagraph shall be applicable to the applicant on July
1, 2005, unless subparagraph (B) of paragraph (6) of subdivision (a)
of Section 12693.70 is no longer applicable to the relevant family
income. The program shall provide prior notice to any applicant for
currently enrolled subscribers whose premium will increase on July 1,
2005, pursuant to this subparagraph and, prior to the date the
premium increase takes effect, shall provide that applicant with an
opportunity to demonstrate that subparagraph (B) of paragraph (6) of
subdivision (a) of Section 12693.70 is no longer applicable to the
relevant family income.
(B) Commencing the first day of the fifth month following the
enactment of the 2008-09 Budget Act, the family contribution pursuant
to this paragraph shall be fourteen dollars ($14) per child with a
maximum required contribution of forty-two dollars ($42) per month
per family.
(e) Applicants, but not family contribution sponsors, who pay
three months of required family contributions in advance shall
receive the fourth
consecutive month of coverage with no family contribution required.
(f) Applicants, but not family contribution sponsors, who pay the
required family contributions by an approved means of electronic fund
transfer shall receive a 25-percent discount from the required
family contributions.
(g) It is the intent of the Legislature that the family
contribution amounts described in this section comply with the
premium cost sharing limits contained in Section 2103 of Title XXI of
the Social Security Act. If the amounts described in subdivision (a)
are not approved by the federal government, the board may adjust
these amounts to the extent required to achieve approval of the state
plan.
(h) The adoption and one readoption of regulations to implement
paragraph (3) of subdivision (b) and paragraph (3) of subdivision (d)
shall be deemed to be an emergency and necessary for the immediate
preservation of public peace, health, and safety, or general welfare
for purposes of Sections 11346.1 and 11349.6 of the Government Code,
and the board is hereby exempted from the requirement that it
describe specific facts showing the need for immediate action and
from review by the Office of Administrative Law. For purpose of
subdivision (e) of Section 11346.1 of the Government Code, the
120-day period, as applicable to the effective period of an emergency
regulatory action and submission of specified materials to the
Office of Administrative Law, is hereby extended to 180 days.
(i) The board may adopt, and may only one time readopt,
regulations to implement the changes to this section that are
effective the first day of the fifth month following the enactment of
the 2008-09 Budget Act. The adoption and one-time readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the board is hereby exempted for this purpose
from the requirements of subdivision (b) of Section 11346.1 of the
Government Code.
SEC. 134. Section 12957 of the Insurance Code is amended to read:
12957. The commissioner shall not withdraw approval of a policy
previously approved by him or her except upon those grounds as, in
his or her opinion, would authorize disapproval upon original
submission thereof. Any withdrawal of approval shall be in writing
and shall specify the ground thereof. If the insurer demands a
hearing on a withdrawal, the hearing shall be granted and commenced
within 30 days of the filing of a written demand with the
commissioner. Unless the hearing is commenced, the notice of
withdrawal shall become ineffective upon the 31st day from and after
the date of filing of the demand.
This section shall not apply to policies subject to the provisions
of subdivision (f) of Section 10291.5, or to policies, contracts, or
agreements that were approved under an alternative filing and
approval procedure as provided for in subdivision (f) of Section
10506.4 or subdivision (c) of Section 10507.5.
SEC. 135. Section 87 of the Labor Code is amended to read:
87. All persons, other than temporary employees, serving in the
state civil service and engaged in the performance of a function
transferred pursuant to this chapter, or engaged in the
administration of a law, the administration of which is transferred
pursuant to this chapter, shall, in accordance with Section 19050.9
of the Government Code, remain in the state civil service and are
hereby transferred to the Division of Labor Standards Enforcement.
The status, positions, and rights of those persons shall not be
affected by their transfer and shall continue to be retained by them
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 5 of the Government Code),
except as to positions the duties of which are vested in a position
that is exempt from civil service.
SEC. 136. Section 2699.5 of the Labor Code is amended to read:
2699.5. The provisions of subdivision (a) of Section 2699.3 apply
to any alleged violation of the following provisions: subdivision
(k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203,
203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5,
208, 209, and 212, subdivision (d) of Section 213, Sections 221,
222, 222.5, 223, and 224, subdivision (a) of Section 226, Sections
226.7, 227, 227.3, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and
231, subdivision (c) of Section 232, subdivision (c) of Section
232.5, Sections 233, 234, 351, 353, and 403, subdivision (b) of
Section 404, Sections 432.2, 432.5, 432.7, 435, 450, 510, 511, 512,
513, 551, 552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5,
852, 921, 922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101,
1102, 1102.5, and 1153, subdivisions (c) and (d) of Section 1174,
Sections 1194, 1197, 1197.1, 1197.5, and 1198, subdivision (b) of
Section 1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1,
1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7,
1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision
(a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8,
1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31,
1700.32, 1700.40, and 1700.47, paragraphs (1), (2), and (3) of
subdivision (a) of, and subdivision (e) of, Section 1701.4,
subdivision (a) of Section 1701.5, Sections 1701.8, 1701.10, 1701.12,
1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and 2673,
subdivision (a) of Section 2673.1, Sections 2695.2, 2800, 2801, 2802,
2806, and 2810, subdivision (b) of Section 2929, and Sections 3095,
6310, 6311, and 6399.7.
SEC. 137. Section 3702.1 of the Labor Code is amended to read:
3702.1. (a) No person, firm, or corporation, other than an
insurer admitted to transact workers' compensation insurance in this
state, shall contract to administer claims of self-insured employers
as a third-party administrator unless in possession of a certificate
of consent to administer self-insured employers' workers'
compensation claims.
(b) As a condition of receiving a certificate of consent, all
persons given discretion by a third-party administrator to deny,
accept, or negotiate a workers' compensation claim shall demonstrate
their competency to the director by written examination, or other
methods approved by the director.
(c) A separate certificate shall be required for each adjusting
location operated by a third-party administrator. A third-party
administrator holding a certificate of consent shall be subject to
regulation only under this division with respect to the adjustment,
administration, and management of workers' compensation claims for
any self-insured employer.
(d) A third-party administrator retained by a self-insured
employer to administer the employer's workers' compensation claims
shall estimate the total accrued liability of the employer for the
payment of compensation for the employer's annual report to the
director and shall make the estimate both in good faith and with the
exercise of a reasonable degree of care. The use of a third-party
administrator shall not, however, discharge or alter the employer's
responsibilities with respect to the report.
SEC. 138. Section 1023 of the Military and Veterans Code is
amended to read:
1023. (a) The department may sue and be sued in any of the courts
of this state. All property held by the department for the home
shall be held in trust for the state and for the use and benefit of
the home. The administrator shall manage the home and administer its
affairs, and, subject to the direction of the director, adopt rules
and regulations for the government of the home in conformity, as
nearly as possible, to the rules and regulations of the United States
Department of Veterans Affairs for their facilities.
(b) The Director of General Services may lease or let any real
property held by the department for the home, and not needed for any
direct or immediate purpose of the home, to any entity or person upon
terms and conditions determined to be in the best interests of the
home. In any leasing or letting, primary consideration shall be given
to the use of real property for agricultural purposes, and except as
provided in Section 1048, all moneys received in connection
therewith shall be deposited in the General Fund to the credit of,
and shall augment the current appropriation for the support of, the
home.
SEC. 139. Section 166 of the Penal Code is amended to read:
166. (a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of any court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
(2) Behavior as specified in paragraph (1) committed in the
presence of any referee, while actually engaged in any trial or
hearing, pursuant to the order of any court, or in the presence of
any jury while actually sitting for the trial of a cause, or upon any
inquest or other proceedings authorized by law.
(3) Any breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of any court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of any court.
(6) The contumacious and unlawful refusal of any person to be
sworn as a witness or, when so sworn, the like refusal to answer any
material question.
(7) The publication of a false or grossly inaccurate report of the
proceedings of any court.
(8) Presenting to any court having power to pass sentence upon any
prisoner under conviction, or to any member of the court, any
affidavit or testimony or representation of any kind, verbal or
written, in aggravation or mitigation of the punishment to be imposed
upon the prisoner, except as provided in this code.
(b) (1) Any person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
telephone or mail, or directly, and who has been previously convicted
of a violation of Section 646.9 shall be punished by imprisonment in
a county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), any
willful and knowing violation of any protective order or stay-away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or elder or dependent adult abuse, as defined in
Section 368, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(B) An order excluding one party from the family dwelling or from
the dwelling of the other.
(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
(4) A second or subsequent conviction for a violation of any order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or "a credible threat" of violence, as provided in
subdivisions (c) and (d) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under the provisions
of subdivision (g) of Section 12021.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097 of the Penal Code.
(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
(3) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant's ability to pay. In no event shall any order to
make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support.
(4) If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of
subdivision (c), the community property may not be used to discharge
the liability of the offending spouse for restitution to the injured
spouse required by Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4, or to a shelter for costs with regard to
the injured spouse and dependents required by this subdivision, until
all separate property of the offending spouse is exhausted.
(5) Any person violating any order described in subdivision (c)
may be punished for any substantive offenses described under Section
136.1 or 646.9. No finding of contempt shall be a bar to prosecution
for a violation of Section 136.1 or 646.9. However, any person held
in contempt for a violation of subdivision (c) shall be entitled to
credit for any punishment imposed as a result of that violation
against any sentence imposed upon conviction of an offense described
in Section 136.1 or 646.9. Any conviction or acquittal for any
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
SEC. 140. Section 326.4 of the Penal Code is amended to read:
326.4. (a) Consistent with the Legislature's finding that
card-minding devices, as described in subdivision (p) of Section
326.5, are the only permissible electronic devices to be used by
charity bingo players, and in an effort to ease the transition to
remote caller bingo on the part of those nonprofit organizations
that, as of July 1, 2008, used electronic devices other than
card-minding devices to conduct games in reliance on an ordinance of
a city, county, or city and county that, as of July 1, 2008,
expressly recognized the operation of electronic devices other than
card-minding devices by organizations purportedly authorized to
conduct bingo in the city, county, or city and county, there is
hereby created the Charity Bingo Mitigation Fund.
(b) The Charity Bingo Mitigation Fund shall be administered by the
California Gambling Control Commission.
(c) Mitigation payments to be made by the Charity Bingo Mitigation
Fund shall not exceed five million dollars ($5,000,000) in the
aggregate.
(d) (1) To allow the Charity Bingo Mitigation Fund to become
immediately operable, five million dollars ($5,000,000) shall be
loaned from the accrued interest in the Indian Gaming Special
Distribution Fund to the Charity Bingo Mitigation Fund on or after
January 1, 2009, to make mitigation payments to eligible nonprofit
organizations. Five million dollars ($5,000,000) of this loan amount
is hereby appropriated to the California Gambling Control Commission
for the purposes of providing mitigation payments to certain
charitable organizations, as described in subdivision (e). Pursuant
to Section 16304 of the Government Code, after three years the
unexpended balance shall revert back to the Charity Bingo Mitigation
Fund.
(2) To reimburse the Special Distribution Fund, those nonprofit
organizations that conduct a remote caller bingo game pursuant to
Section 326.3 shall pay to the California Gambling Control Commission
an amount equal to 5 percent of the gross revenues of each remote
caller bingo game played until that time as the full advanced amount
plus interest on the loan at the rate accruing to moneys in the
Pooled Money Investment Account is reimbursed.
(e) (1) An organization meeting the requirements in subdivision
(a) shall be eligible to receive mitigation payments from the Charity
Bingo Mitigation Fund only if the city, county, or city and county
in which the organization is located maintained official records of
the net revenues generated for the fiscal year ending June 30, 2008,
by the organization from the use of electronic devices or the
organization maintained audited financial records for the fiscal year
ending June 30, 2008, which show the net revenues generated from the
use of electronic devices.
(2) In addition, an organization applying for mitigation payments
shall provide proof that its board of directors has adopted a
resolution and its chief executive officer has signed a statement
executed under penalty of perjury stating that, as of January 1,
2009, the organization has ceased using electronic devices other than
card-minding devices, as described in subdivision (p) of Section
326.5, as a fundraising tool.
(3) Each eligible organization may apply to the California
Gambling Control Commission no later than January 31, 2009, for the
mitigation payments in the amount equal to net revenues from the
fiscal year ending June 30, 2008, by filing an application, including
therewith documents and other proof of eligibility, including any
and all financial records documenting the organization's net revenues
for the fiscal year ending June 30, 2008, as the California Gambling
Control Commission may require. The California Gambling Control
Commission is authorized to access and examine the financial records
of charities requesting funding in order to confirm the legitimacy of
the request for funding. In the event that the total of those
requests exceeds five million dollars ($5,000,000), payments to all
eligible applicants shall be reduced in proportion to each requesting
organization's reported or audited net revenues from the operation
of electronic devices.
SEC. 141. Section 599f of the Penal Code is amended to read:
599f. (a) No slaughterhouse, stockyard, auction, market agency,
or dealer shall buy, sell, or receive a nonambulatory animal.
(b) No slaughterhouse shall process, butcher, or sell meat or
products of nonambulatory animals for human consumption.
(c) No slaughterhouse shall hold a nonambulatory animal without
taking immediate action to humanely euthanize the animal.
(d) No stockyard, auction, market agency, or dealer shall hold a
nonambulatory animal without taking immediate action to humanely
euthanize the animal or to provide immediate veterinary treatment.
(e) While in transit or on the premises of a stockyard, auction,
market agency, dealer, or slaughterhouse, a nonambulatory animal may
not be dragged at any time, or pushed with equipment at any time, but
shall be moved with a sling or on a stoneboat or other sled-like or
wheeled conveyance.
(f) No person shall sell, consign, or ship any nonambulatory
animal for the purpose of delivering a nonambulatory animal to a
slaughterhouse, stockyard, auction, market agency, or dealer.
(g) No person shall accept a nonambulatory animal for transport or
delivery to a slaughterhouse, stockyard, auction, market agency, or
dealer.
(h) A violation of this section is subject to imprisonment in a
county jail for a period not to exceed one year, or by a fine of not
more than twenty thousand dollars ($20,000), or by both that fine and
imprisonment.
(i) As used in this section, "nonambulatory" means unable to stand
and walk without assistance.
(j) As used in this section, "animal" means live cattle, swine,
sheep, or goats.
(k) As used in this section, "humanely euthanize" means to kill by
a mechanical, chemical, or electrical method that rapidly and
effectively renders the animal insensitive to pain.
SEC. 142. Section 626.2 of the Penal Code is amended to read:
626.2. Every student or employee who, after a hearing, has been
suspended or dismissed from a community college, a state university,
the university, or a public or private school for disrupting the
orderly operation of the campus or facility of the institution, and
as a condition of the suspension or dismissal has been denied access
to the campus or facility, or both, of the institution for the period
of the suspension or in the case of dismissal for a period not to
exceed one year; who has been served by registered or certified mail,
at the last address given by that person, with a written notice of
the suspension or dismissal and condition; and who willfully and
knowingly enters upon the campus or facility of the institution to
which he or she has been denied access, without the express written
permission of the chief administrative officer of the campus or
facility, is guilty of a misdemeanor and shall be punished as
follows:
(a) Upon a first conviction, by a fine not exceeding five hundred
dollars ($500), by imprisonment in a county jail for a period of not
more than six months, or by both that fine and imprisonment.
(b) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both that imprisonment and a fine not
exceeding five hundred dollars ($500), and shall not be released on
probation, parole, or any other basis until he or she has served not
less than 10 days.
(c) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
Knowledge shall be presumed if notice has been given as prescribed
in this section. The presumption established by this section is a
presumption affecting the burden of proof.
SEC. 143. Section 626.8 of the Penal Code is amended to read:
626.8. (a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and whose presence or acts
interfere with the peaceful conduct of the activities of the school
or disrupt the school or its pupils or school activities, is guilty
of a misdemeanor if he or she does any of the following:
(1) Remains there after being asked to leave by the chief
administrative official of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, or sheriff or deputy
sheriff, or a Department of the California Highway Patrol peace
officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction by a fine not exceeding five hundred
dollars ($500), by imprisonment in a county jail for a period of not
more than six months, or by both that fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both imprisonment and a fine not
exceeding five hundred dollars ($500), and shall not be released on
probation, parole, or any other basis until he or she has served not
less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding five hundred dollars ($500), and shall not
be released on probation, parole, or any other basis until he or she
has served not less than 90 days.
(c) As used in this section, the following definitions apply:
(1) "Lawful business" means a reason for being present upon school
property which is not otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to statute or ordinance.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same school year the defendant came
into any school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful business
thereon, and his or her presence or acts interfered with the peaceful
conduct of the activities of the school or disrupted the school or
its pupils or school activities, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or public or private school
having kindergarten or any of grades 1 to 12, inclusive.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place within seven
days he or she will be guilty of a crime.
SEC. 144. Section 653.2 of the Penal Code is amended to read:
653.2. (a) Every person who, with intent to place another person
in reasonable fear for his or her safety, or the safety of the other
person's immediate family, by means of an electronic communication
device, and without consent of the other person, and for the purpose
of imminently causing that other person unwanted physical contact,
injury, or harassment, by a third party, electronically distributes,
publishes, e-mails, hyperlinks, or makes available for downloading,
personal identifying information, including, but not limited to, a
digital image of another person, or an electronic message of a
harassing nature about another person, which would be likely to
incite or produce that unlawful action, is guilty of a misdemeanor
punishable by up to one year in a county jail, by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) For purposes of this section, "electronic communication device"
includes, but is not limited to, telephones, cell phones, computers,
Internet Web pages or sites, Internet phones, hybrid
cellular/Internet/wireless devices, personal digital assistants
(PDAs), video recorders, fax machines, or pagers. "Electronic
communication" has the same meaning as the term is defined in Section
2510(12) of Title 18 of the United States Code.
(c) For purposes of this section, the following terms apply:
(1) "Harassment" means a knowing and willful course of conduct
directed at a specific person that a reasonable person would consider
as seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing the person and that serves no legitimate
purpose.
(2) "Of a harassing nature" means of a nature that a reasonable
person would consider as seriously alarming, seriously annoying,
seriously tormenting, or seriously terrorizing of the person and that
serves no legitimate purpose.
SEC. 145. Section 831.5 of the Penal Code is amended to read:
831.5. (a) As used in this section, a custodial officer is a
public officer, not a peace officer, employed by a law enforcement
agency of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, or a county having a
population of 425,000 or less who has the authority and
responsibility for maintaining custody of prisoners and performs
tasks related to the operation of a local detention facility used for
the detention of persons usually pending arraignment or upon court
order either for their own safekeeping or for the specific purpose of
serving a sentence therein. Custodial officers of a county shall be
employees of, and under the authority of, the sheriff, except in
counties in which the sheriff, as of July 1, 1993, is not in charge
of and the sole and exclusive authority to keep the county jail and
the prisoners in it. A custodial officer includes a person designated
as a correctional officer, jailer, or other similar title. The
duties of a custodial officer may include the serving of warrants,
court orders, writs, and subpoenas in the detention facility or under
circumstances arising directly out of maintaining custody of
prisoners and related tasks.
(b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
(c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the
Corrections Standards Authority pursuant to Section 6035. Persons
designated as custodial officers, before the expiration of the 90-day
and one-year periods described in this subdivision, who have not yet
completed the required training, shall not carry or possess firearms
in the performance of their prescribed duties, but may perform the
duties of a custodial officer only while under the direct supervision
of a peace officer, as described in Section 830.1, who has completed
the training prescribed by the Commission on Peace Officer Standards
and Training, or a custodial officer who has completed the training
required in this section.
(d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
(e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
(f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
(g) Custodial officers employed by the Santa Clara County
Department of Corrections are authorized to perform the following
additional duties in the facility:
(1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
(2) Search property, cells, prisoners or visitors.
(3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
(4) Conduct searches and seizures pursuant to a duly issued
warrant.
(5) Segregate prisoners.
(6) Classify prisoners for the purpose of housing or participation
in supervised activities.
These duties may be performed at the Santa Clara Valley Medical
Center as needed and only as they directly relate to guarding
inpatient, in-custody inmates. This subdivision shall not be
construed to authorize the performance of any law enforcement
activity involving any person other than the inmate or his or her
visitors.
(h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
(i) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County. These duties are the same
duties of the custodial officers prior to the date of enactment of
Chapter 635 of the Statutes of 1999 pursuant to local rules and
judicial decisions. It is further the intent of the Legislature that
all issues regarding compensation for custodial officers remain
subject to the collective bargaining process between the County of
Santa Clara and the authorized bargaining representative for the
custodial officers. However, nothing in this section shall be
construed to assert that the duties of custodial officers are
equivalent to the duties of deputy sheriffs nor to affect the ability
of the county to negotiate pay that reflects the different duties of
custodial officers and deputy sheriffs.
(j) This section shall become operative on January 1, 2003.
SEC. 146. Section 1170.3 of the Penal Code, as amended by Section
3 of Chapter 416 of the Statutes of 2008, is amended to read:
1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170 by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower, middle, or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 147. Section 1170.3 of the Penal Code, as amended by Section
4 of Chapter 416 of the Statutes of 2008, is amended to read:
1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170 by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall become operative on January 1, 2011.
SEC. 148. Section 1369.1 of the Penal Code is amended to read:
1369.1. (a) As used in this chapter, for the sole purpose of
administering antipsychotic medication pursuant to a court order,
"treatment facility" includes a county jail. Upon the concurrence of
the county board of supervisors, the county mental health director,
and the county sheriff, the jail may be designated to provide
medically approved medication to defendants found to be mentally
incompetent and unable to provide informed consent due to a mental
disorder, pursuant to this chapter. In the case of Madera, Napa, and
Santa Clara Counties, the concurrence shall be with the board of
supervisors, the county mental health director, and the county
sheriff or the chief of corrections. The provisions of Sections 1370
and 1370.01 shall apply to antipsychotic medications provided in a
county jail, provided, however, that the maximum period of time a
defendant may be treated in a treatment facility pursuant to this
section shall not exceed six months.
(b) The State Department of Mental Health shall report to the
Legislature on or before January 1, 2009, on all of the following:
(1) The number of defendants in the state who are incompetent to
stand trial.
(2) The resources available at state hospitals and local mental
health facilities, other than jails, for returning these defendants
to competence.
(3) Additional resources that are necessary to reasonably treat,
in a reasonable period of time, at the state and local levels,
excluding jails, defendants who are incompetent to stand trial.
(4) What, if any, statewide standards and organizations exist
concerning local treatment facilities that could treat defendants who
are incompetent to stand trial.
(5) Address the concerns regarding defendants who are incompetent
to stand trial who are currently being held in jail awaiting
treatment.
(c) This section does not abrogate or limit any provision of law
enacted to ensure the due process rights set forth in Sell v. United
States (2003) 539 U.S. 166.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 149. Section 12011 of the Penal Code is amended to read:
12011. The Prohibited Armed Persons File database shall function
as follows:
(a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Section 12021, a conviction
for an offense described in Section 12021.1, a firearms prohibition
pursuant to Section 8100 or 8103 of the Welfare and Institutions
Code, or any firearms possession prohibition identified by the
federal National Instant Criminal Background Check System, the
Department of Justice shall determine if the subject has an entry in
the Consolidated Firearms Information System indicating possession or
ownership of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration.
(b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited by
state or federal law from acquiring, owning, or possessing firearms,
the department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, the following information shall be entered
into the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
(5) The basis of the firearms possession prohibition.
(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.
SEC. 150. Section 12071 of the Penal Code is amended to read:
12071. (a) (1) As used in this chapter, "licensee," "person
licensed pursuant to Section 12071," or "dealer" means a person who
has all of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit issued by the State Board of
Equalization.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed by paragraph (6).
(F) Is among those recorded in the centralized list specified in
subdivision (e).
(2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice. The Department of Justice shall examine its
records and records available to the department in the National
Instant Criminal Background Check System in order to determine if the
applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm and issue a certificate to
an applicant if the department's records indicate that the applicant
is not a person who is prohibited by state or federal law from
possessing firearms.
(5) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(A) In the form prescribed by the Attorney General.
(B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
waiting period specified in subparagraph (A) of paragraph (3), and
(ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in
the sale and transfer of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided that the firearm is being donated
for the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) The place of residence of, the fixed place of business of,
or on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
(3) No firearm shall be delivered:
(A) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
(B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain from the department the
reason for the prohibition.
(4) No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) and paragraph (1) of subdivision (f)
of Section 12072, and subdivision (a) of Section 12316.
(7) The licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
(A) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
(B) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(C) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(D) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
(E) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
(F) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
(8) (A) Commencing April 1, 1994, and until January 1, 2003, no
pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
(B) Commencing January 1, 2003, no dealer may deliver a handgun
unless the person receiving the handgun presents to the dealer a
valid handgun safety certificate. The firearms dealer shall retain a
photocopy of the handgun safety certificate as proof of compliance
with this requirement.
(C) Commencing January 1, 2003, no handgun may be delivered unless
the purchaser, transferee, or person being loaned the firearm
presents documentation indicating that he or she is a California
resident. Satisfactory documentation shall include a utility bill
from within the last three months, a residential lease, a property
deed, or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by
the Department of Justice. The firearms dealer shall retain a
photocopy of the documentation as proof of compliance with this
requirement.
(D) Commencing January 1, 2003, except as authorized by the
department, no firearms dealer may deliver a handgun unless the
recipient performs a safe handling demonstration with that handgun.
The demonstration shall commence with the handgun unloaded and locked
with the firearm safety device with which it is required to be
delivered, if applicable. While maintaining muzzle awareness, that
is, the firearm is pointed in a safe direction, preferably down at
the ground, and trigger discipline, that is, the trigger finger is
outside of the trigger guard and along side of the handgun frame, at
all times, the handgun recipient shall correctly and safely perform
the following:
(i) If the handgun is a semiautomatic pistol:
(I) Remove the magazine.
(II) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
(III) Visually and physically inspect the chamber, to
ensure that the handgun is unloaded.
(IV) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
(V) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
(VI) Insert the magazine into the magazine well of the firearm.
(VII) Manipulate the slide release or pull back and release the
slide.
(VIII) Remove the magazine.
(IX) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
(X) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
(XI) Apply the safety, if applicable.
(XII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(ii) If the handgun is a double-action revolver:
(I) Open the cylinder.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) Remove the firearm safety device. If the firearm safety
device prevents any of the previous steps, remove the firearm safety
device during the appropriate step.
(IV) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
(V) Close the cylinder.
(VI) Open the cylinder and eject the round.
(VII) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(VIII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(iii) If the handgun is a single-action revolver:
(I) Open the loading gate.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) Remove the firearm safety device required to be sold with
the handgun. If the firearm safety device prevents any of the
previous steps, remove the firearm safety device during the
appropriate step.
(IV) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
(V) Open the loading gate and unload the revolver.
(VI) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(VII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(E) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(F) The firearms dealer shall sign and date an affidavit stating
that the requirements of subparagraph (D) have been met. The firearms
dealer shall additionally obtain the signature of the handgun
purchaser on the same affidavit. The firearms dealer shall retain the
original affidavit as proof of compliance with this requirement.
(G) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
(H) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(I) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (j) of Section 12804.
(J) The persons who are exempt from the requirements of
subdivision (b) of Section 12801, pursuant to Section 12807, are also
exempt from performing the safe handling demonstration.
(9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
(13) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), all firearms that are in the inventory of the
licensee shall be kept within the licensed location. The licensee
shall report the loss or theft of any firearm that is merchandise of
the licensee, any firearm that the licensee takes possession of
pursuant to Section 12082, or any firearm kept at the licensee's
place of business within 48 hours of discovery to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located.
(14) Except as provided in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b), any time when the licensee is not open for
business, all inventory firearms shall be stored in the licensed
location. All firearms shall be secured using one of the following
methods as to each particular firearm:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in paragraph
(14).
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
(17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(18) (A) On the date of receipt, the licensee shall report to the
Department of Justice in a format prescribed by the department the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
(B) The provisions of this paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) The dealer is also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of Chapter 9 of Division
8 of the Business and Professions Code.
(iv) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and any regulations issued pursuant thereto.
(v) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Section 921 and
following of Title 18 of the United States Code and any regulations
issued pursuant thereto.
(19) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102(c) of Title 27 of the Code of Federal Regulations.
(20) (A) Firearms dealers may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the department pursuant to paragraph
(4) of subdivision (a). The agent or employee shall provide on the
application the name and California firearms dealer number of the
firearms dealer with whom he or she is employed.
(B) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
(C) If the local jurisdiction requires a background check of the
agents or employees of the firearms dealer, the agent or employee
shall obtain a certificate of eligibility pursuant to subparagraph
(A).
(D) Nothing in this paragraph shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105 or prohibiting employment based on criminal
history that does not appear as part of obtaining a certificate of
eligibility, provided, however, that the local jurisdiction may not
charge a fee for the additional criminal history check.
(E) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code,
from coming into contact with any firearm that is not secured and
from accessing any key, combination, code, or other means to open any
of the locking devices described in clause (ii) of subparagraph (G).
(F) Nothing in this paragraph shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
(G) For purposes of this section, the following definitions shall
apply:
(i) An "agent" is an employee of the licensee.
(ii) "Secured" means a firearm that is made inoperable in one or
more of the following ways:
(I) The firearm is inoperable because it is secured by a firearms
safety device listed on the department's roster of approved firearms
safety devices pursuant to subdivision (d) of Section 12088.
(II) The firearm is stored in a locked gun safe or long-gun safe
which meets the standards for department-approved gun safes set forth
in Section 12088.2.
(III) The firearm is stored in a distinct locked room or area in
the building that is used to store firearms that can only be unlocked
by a key, a combination, or similar means.
(IV) The firearm is secured with a hardened steel rod or cable
that is at least one-eighth of an inch in diameter through the
trigger guard of the firearm. The steel rod or cable shall be secured
with a hardened steel lock that has a shackle. The lock and shackle
shall be protected or shielded from the use of a boltcutter and the
rod or cable shall be anchored in a manner that prevents the removal
of the firearm from the premises.
(c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
(A) A valid California driver's license.
(B) A valid California identification card issued by the
Department of Motor Vehicles.
(2) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least1/2-inch diameter or metal grating of at least
9 gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(3) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
(4) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms transaction record" is a record containing the
same information referred to in subdivision (a) of Section 478.124,
Section 478.124a, and subdivision (e) of Section 478.125 of Title 27
of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 478.124a and subdivision (e) of
Section 478.125 of Title 27 of the Code of Federal Regulations and
the records referred to in subdivision (a) of Section 478.124 of
Title 27 of the Code of Federal Regulations.
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with paragraph (14) of
subdivision (b) if the licensee is unable to comply with those
requirements because of local ordinances, covenants, lease
conditions, or similar circumstances not under the control of the
licensee.
(e) (1) Except as otherwise provided in this paragraph, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from this
list any person who knowingly or with gross negligence violates this
article. Upon removal of a dealer from this list, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the dealer's business is located.
(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
(3) Information compiled from the list shall be made available,
upon request, for the following purposes only:
(A) For law enforcement purposes.
(B) When the information is requested by a person licensed
pursuant to Section 921 and following of Title 18 of the United
States Code for determining the validity of the license for firearm
shipments.
(C) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Section 12071.1, if that information
is requested by the person to determine the eligibility of a
prospective participant in a gun show or event to conduct
transactions as a firearms dealer pursuant to subparagraph (B) of
paragraph (1) of subdivision (b).
(4) Information provided pursuant to paragraph (3) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
(A) A person licensed pursuant to subparagraphs (A) to (E),
inclusive, of paragraph (1) of subdivision (a).
(B) A person licensed pursuant to Section 921 and following of
Title 18 of the United States Code and who is not subject to the
requirement that he or she be licensed pursuant to subparagraphs (A)
to (E), inclusive, of paragraph (1) of subdivision (a).
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed one hundred fifteen dollars ($115), to cover the
reasonable cost of maintaining the list described in subdivision (e),
including the cost of inspections. Dealers whose place of business
is in a jurisdiction that has adopted an inspection program to ensure
compliance with firearms law shall be exempt from that portion of
the department's fee that relates to the cost of inspections. The
applicant is responsible for providing evidence to the department
that the jurisdiction in which the business is located has the
inspection program.
(g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.
SEC. 151. Section 12076 of the Penal Code is amended to read:
12076. (a) (1) Before January 1, 1998, the Department of Justice
shall determine the method by which a dealer shall submit firearm
purchaser information to the department and the information shall be
in one of the following formats:
(A) Submission of the register described in Section 12077.
(B) Electronic or telephonic transfer of the information contained
in the register described in Section 12077.
(2) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
(3) On or after January 1, 2003, except as permitted by the
department, electronic transfer shall be the exclusive means by which
information is transmitted to the department. Telephonic transfer
shall not be permitted for information regarding sales of any
firearms.
(b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current legal name and
affix his or her residence address and date of birth to the register
in quadruplicate. The salesperson shall affix his or her signature to
the register in quadruplicate as a witness to the signature and
identification of the purchaser. Any person furnishing a fictitious
name or address or knowingly furnishing any incorrect information or
knowingly omitting any information required to be provided for the
register and any person violating any provision of this section is
guilty of a misdemeanor, provided, however, that any person who is
prohibited from obtaining a firearm pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code, who knowingly furnishes a fictitious name or
address or knowingly furnishes any incorrect information or knowingly
omits any information required to be provided for the register shall
be punished by imprisonment in a county jail not exceeding one year
or imprisonment in the state prison for a term of 8, 12, or 18
months.
(2) The original of the register shall be retained by the dealer
in consecutive order. Each book of 50 originals shall become the
permanent register of transactions that shall be retained for not
less than three years from the date of the last transaction and shall
be available for the inspection of any peace officer, Department of
Justice employee designated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives upon the
presentation of proper identification, but no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person.
(3) Two copies of the original sheet of the register, on the date
of the application to purchase, shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice in
Sacramento.
(4) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
(5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a photocopy of the original shall be
provided to the seller or purchaser by the dealer, upon request. The
dealer shall redact all of the purchaser's personal information, as
required pursuant to paragraph (1) of subdivision (b) and paragraph
(1) of subdivision (c) of Section 12077, from the seller's copy, and
the seller's personal information from the purchaser's copy.
(c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071, to the dealer, and the dealer shall require him or her to sign
his or her current legal name to the record of electronic or
telephonic transfer. The salesperson shall affix his or her signature
to the record of electronic or telephonic transfer as a witness to
the signature and identification of the purchaser. Any person
furnishing a fictitious name or address or knowingly furnishing any
incorrect information or knowingly omitting any information required
to be provided for the electronic or telephonic transfer and any
person violating any provision of this section is guilty of a
misdemeanor, provided, however, that any person who is prohibited
from obtaining a firearm pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code,
who knowingly furnishes a fictitious name or address or knowingly
furnishes any incorrect information or knowingly omits any
information required to be provided for the register shall be
punished by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for a term of 8, 12, or 18 months.
(2) The record of applicant information shall be transmitted to
the Department of Justice in Sacramento by electronic or telephonic
transfer on the date of the application to purchase.
(3) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order. Each
original shall become the permanent record of the transaction that
shall be retained for not less than three years from the date of the
last transaction and shall be provided for the inspection of any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives upon the presentation of proper
identification, but no information shall be compiled therefrom
regarding the purchasers or other transferees of firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person.
(4) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
(5) If the transaction is a private party transfer conducted
pursuant to Section 12082, a copy shall be provided to the seller or
purchaser by the dealer, upon request. The dealer shall redact all of
the purchaser's personal information, as required pursuant to
paragraph (1) of subdivision (b) and paragraph (1) of subdivision (c)
of Section 12077, from the seller's copy, and the seller's personal
information from the purchaser's copy.
(d) (1) The department shall examine its records, as well as those
records that it is authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subparagraph (A) of paragraph (9) of subdivision (a) of
Section 12072, or is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(2) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United
States Code, and, if that participation is implemented, shall notify
the dealer and the chief of the police department of the city or city
and county in which the sale was made, or if the sale was made in a
district in which there is no municipal police department, the
sheriff of the county in which the sale was made, that the purchaser
is a person prohibited from acquiring a firearm under federal law.
(3) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072, it shall
immediately notify the dealer and the chief of the police department
of the city or city and county in which the sale was made, or if the
sale was made in a district in which there is no municipal police
department, the sheriff of the county in which the sale was made, of
that fact.
(4) If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
subdivision (e) is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to subdivision (e), or both,
as appropriate, and, if notification by the department is received by
the dealer at any time prior to delivery of the firearm to be
purchased, the dealer shall withhold delivery until the conclusion of
the waiting period described in Sections 12071 and 12072.
(5) If the department determines that the information transmitted
to it pursuant to subdivision (c) contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to
subdivision (e) is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to subdivision (e), or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 12071 and 12072.
(e) The Department of Justice may require the dealer to charge
each firearm purchaser a fee not to exceed fourteen dollars ($14),
except that the fee may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations. The fee shall be
no more than is necessary to fund the following:
(1) (A) The department for the cost of furnishing this
information.
(B) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
(2) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
(3) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
(4) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
(5) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
(6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
(7) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
(8) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
(9) The department for the costs associated with subparagraph (D)
of paragraph (2) of subdivision (f) of Section 12072.
(10) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, loan, or transfer of
firearms pursuant to this chapter.
The fee established pursuant to this subdivision shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (2),
the costs of the State Department of Mental Health for complying with
the requirements imposed by paragraph (3), the estimated reasonable
costs of local mental hospitals, sanitariums, and institutions for
complying with the reporting requirements imposed by paragraph (4),
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (6) of
this subdivision, the estimated reasonable costs of the Department
of Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subparagraph (D) of paragraph (2) of subdivision (f)
of Section 12072, and the estimated reasonable costs of department
firearms-related regulatory and enforcement activities related to the
sale, purchase, loan, or transfer of firearms pursuant to this
chapter.
(f) (1) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the Department of Industrial Relations:
(A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078.
(B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
(C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision (
l ) of Section 12078 or paragraph (18) of subdivision (b)
of Section 12071, or clause (i) of subparagraph (A) of paragraph (2)
of subdivision (f) of Section 12072, or paragraph (3) of subdivision
(f) of Section 12072.
(D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
(2) If the department charges a fee pursuant to subparagraph (B)
of paragraph (1) of this subdivision, it shall be charged in the same
amount to all categories of transaction that are within that
subparagraph.
(3) Any costs incurred by the Department of Justice to implement
this subdivision shall be reimbursed from fees collected and charged
pursuant to this subdivision. No fees shall be charged to the dealer
pursuant to subdivision (e) for implementing this subdivision.
(g) All moneys received by the department pursuant to this section
shall be deposited in the Dealers' Record of Sale Special Account of
the General Fund, which is hereby created, to be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred pursuant to this section, paragraph (1)
and subparagraph (D) of paragraph (2) of subdivision (f) of Section
12072, Sections 12083 and 12099, subdivision (c) of Section 12131,
Sections 12234, 12289, and 12289.5, and subdivisions (f) and (g) of
Section 12305.
(h) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in subdivision (e) to
the department.
(i) (1) Only one fee shall be charged pursuant to this section for
a single transaction on the same date for the sale of any number of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person or for the taking of possession of
those firearms.
(2) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this section for the second and
subsequent firearms that are part of that transaction.
(j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of subdivision (b)
of Section 12071 or subdivision (c) or (i) of Section 12078.
(k) Whenever the Department of Justice acts pursuant to this
section as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
( l ) As used in this section, the following
definitions apply:
(1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
(4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.
SEC. 152. Section 13777.2 of the Penal Code is amended to read:
13777.2. (a) The Commission on the Status of Women shall convene
an advisory committee consisting of one person appointed by the
Attorney General and one person appointed by each of the
organizations named in subdivision (b) of Section 13776 that chooses
to appoint a member, and any other subject matter experts the
commission may appoint. The advisory committee shall elect its chair
and any other officers of its choice.
(b) The advisory committee shall make two reports, the first by
December 31, 2007, and the second by December 31, 2011, to the
Committees on Health, Judiciary, and Public Safety of the Senate and
Assembly, to the Attorney General, the Commission on Peace Officer
Standards and Training, and the Commission on the Status of Women.
The reports shall evaluate the implementation of Chapter 899 of the
Statutes of 2001 and any subsequent amendments made to this title and
the effectiveness of the plan developed by the Attorney General
pursuant to paragraph (4) of subdivision (a) of Section 13777. The
reports shall also include recommendations concerning whether the
Legislature should extend or repeal the sunset dates in Section
13779, recommendations regarding any other legislation, and
recommendations for any other actions by the Attorney General,
Commission on Peace Officer Standards and Training, or the Commission
on the Status of Women.
(c) The Commission on the Status of Women shall transmit the
reports of the advisory committee to the appropriate committees of
the Legislature, including, but not limited to, the Committees on
Health, Judiciary, and Public Safety in the Senate and Assembly, and
make the reports available to the public, including by posting them
on the Commission on the Status of Women's Internet Web site. To
avoid production and distribution costs, the Commission on the Status
of Women may submit the reports electronically or as part of any
other report that the Commission on the Status of Women submits to
the Legislature.
(d) The Commission on Peace Officer Standards and Training shall
make the telecourse that it produced in 2002 pursuant to subdivision
(a) of Section 13778 available to the advisory committee. However,
before providing the telecourse to the advisory committee or
otherwise making it public, the commission shall remove the name and
face of any person who appears in the telecourse as originally
produced who informs the commission in writing that he or she has a
reasonable apprehension that making the telecourse public without the
removal will endanger his or her life or physical safety.
(e) Nothing in this section requires any state agency to pay for
compensation, travel, or other expenses of any advisory committee
member.
SEC. 153. Section 3140 of the Probate Code is amended to read:
3140. (a) A conservator served pursuant to this article shall,
and the Director of Mental Health or the Director of Developmental
Services given notice pursuant to Section 1461 may, appear at the
hearing and represent a spouse alleged to lack legal capacity for the
proposed transaction.
(b) The court may, in its discretion, appoint an investigator to
review the proposed transaction and report to the court regarding its
advisability.
(c) If the court determines that a spouse alleged to lack legal
capacity has not competently retained independent counsel, the court
may in its discretion appoint the public guardian, public
administrator, or a guardian ad litem to represent the interests of
the spouse.
(d) (1) If a spouse alleged to lack legal capacity is unable to
retain legal counsel, upon request of the spouse, the court shall
appoint the public defender or private counsel under Section 1471 to
represent the spouse and, if that appointment is made, Section 1472
applies.
(2) If the petition proposes a transfer of substantial assets to
the petitioner from the other spouse and the court determines that
the spouse has not competently retained independent counsel for the
proceeding, the court may, in its discretion, appoint counsel for the
other spouse if the court determines that appointment would be
helpful to resolve the matter or necessary to protect the interests
of the other spouse.
(e) Except as provided in paragraph (1) of subdivision (d), the
court may fix a reasonable fee, to be paid out of the proceeds of the
transaction or otherwise as the court may direct, for all services
rendered by privately engaged counsel, the public guardian, public
administrator, or guardian ad litem, and by counsel for those
persons.
SEC. 154. Section 7103 of the Public Contract Code is amended to
read:
7103. (a) (1) Every original contractor to who is awarded a
contract by a state entity, as defined in subdivision (d), involving
an expenditure in excess of twenty-five thousand dollars ($25,000)
for any public work shall, before entering upon the performance of
the work, file a payment bond with and approved by the officer or
state entity by who the contract was awarded. The bond shall be in a
sum not less than 100 percent of the total amount payable by the
terms of the contract.
(2) The state entity shall state in its call for bids for any
contract that a payment bond is required in the case of such an
expenditure.
(b) A payment bond filed and approved in accordance with this
section shall be sufficient to enter upon the performance of work
under a duly authorized contract that supplements the contract for
which the payment bond was filed if the requirement of a new bond is
waived by the state entity.
(c) For purposes of this section, providers of architectural,
engineering, and land surveying services pursuant to a contract with
a state entity for a public work shall not be deemed an original
contractor and shall not be required to post or file the payment bond
required in subdivisions (a) and (b).
(d) For purposes of this section, "state entity" means every state
office, department, division, bureau, board, or commission, but does
not include the Legislature, the courts, any agency in the judicial
branch of government, or the University of California. All other
public entities shall be governed by Section 3247 of the Civil Code.
(e) For purposes of this section, "public work" includes the
erection, construction, alteration, repair, or improvement of any
state structure, building, road, or other state improvement of any
kind.
SEC. 155. Section 4291 of the Public Resources Code is amended to
read:
4291. (a) A person who owns, leases, controls, operates, or
maintains a building or structure in, upon, or adjoining a
mountainous area, forest-covered lands, brush-covered lands,
grass-covered lands, or land that is covered with flammable material,
shall at all times do all of the following:
(1) Maintain defensible space no greater than 100 feet from each
side of the structure, but not beyond the property line unless
allowed by state law, local ordinance, or regulation and as provided
in paragraph (2). The amount of fuel modification necessary shall
take into account the flammability of the structure as affected by
building material, building standards, location, and type of
vegetation. Fuels shall be maintained in a condition so that a
wildfire burning under average weather conditions would be unlikely
to ignite the structure. This paragraph does not apply to single
specimens of trees or other vegetation that are well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to a structure
or from a structure to other nearby vegetation. The intensity of
fuels management may vary within the 100-foot perimeter of the
structure, the most intense being within the first 30 feet around the
structure. Consistent with fuels management objectives, steps should
be taken to minimize erosion.
(2) A greater distance than that required under paragraph (1) may
be required by state law, local ordinance, rule, or regulation.
Clearance beyond the property line may only be required if the state
law, local ordinance, rule, or regulation includes findings that such
a clearing is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structure, and
there is no other feasible mitigation measure possible to reduce the
risk of ignition or spread of wildfire to the structure. Clearance
on adjacent property shall only be conducted following written
consent by the adjacent landowner.
(3) An insurance company that insures an occupied dwelling or
occupied structure may require a greater distance than that required
under paragraph (1) if a fire expert, designated by the director,
provides findings that such a clearing is necessary to significantly
reduce the risk of transmission of flame or heat sufficient to ignite
the structure, and there is no other feasible mitigation measure
possible to reduce the risk of ignition or spread of wildfire to the
structure. The greater distance may not be beyond the property line
unless allowed by state law, local ordinance, rule, or regulation.
(4) Remove that portion of any tree that extends within 10 feet of
the outlet of a chimney or stovepipe.
(5) Maintain any tree, shrub, or other plant adjacent to or
overhanging a building free of dead or dying wood.
(6) Maintain the roof of a structure free of leaves, needles, or
other vegetative materials.
(7) Prior to constructing a new building or structure or
rebuilding a building or structure damaged by a fire in an area
subject to this section, the construction or rebuilding of which
requires a building permit, the owner shall obtain a certification
from the local building official that the dwelling or structure, as
proposed to be built, complies with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189 of the Government Code, and shall provide a copy of the
certification, upon request, to the insurer providing course of
construction insurance coverage for the building or structure. Upon
completion of the construction or rebuilding, the owner shall obtain
from the local building official a copy of the final inspection
report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189 of the Government Code, and shall provide a copy of the
report, upon request, to the property insurance carrier that insures
the dwelling or structure.
(b) A person is not required under this section to manage fuels on
land if that person does not have the legal right to manage fuels,
nor is a person required to enter upon or to alter property that is
owned by any other person without the consent of the owner of the
property.
(c) (1) Except as provided in Section 18930 of the Health and
Safety Code, the director may adopt regulations exempting a structure
with an exterior constructed entirely of nonflammable materials, or,
conditioned upon the contents and composition of the structure, the
director may vary the requirements respecting the removing or
clearing away of flammable vegetation or other combustible growth
with respect to the area surrounding those structures.
(2) An exemption or variance under paragraph (1) shall not apply
unless and until the occupant of the structure, or if there is not an
occupant, the owner of the structure, files with the department, in
a form as the director shall prescribe, a written consent to the
inspection of the interior and contents of the structure to ascertain
whether this section and the regulations adopted under this section
are complied with at all times.
(d) The director may authorize the removal of vegetation that is
not consistent with the standards of this section. The director may
prescribe a procedure for the removal of that vegetation and make the
expense a lien upon the building, structure, or grounds, in the same
manner that is applicable to a legislative body under Section 51186
of the Government Code.
(e) The Department of Forestry and Fire Protection shall develop,
periodically update, and post on its Internet Web site a guidance
document on fuels management pursuant to this chapter. Guidance shall
include, but not be limited to, regionally appropriate vegetation
management suggestions that preserve and restore native species,
minimize erosion, minimize water consumption, and permit trees near
homes for shade, aesthetics, and habitat; and suggestions to minimize
or eliminate the risk of flammability of nonvegetative sources of
combustion such as woodpiles, propane tanks, wood decks, and outdoor
lawn furniture.
(f) As used in this section, "person" means a private individual,
organization, partnership, limited liability company, or corporation.
SEC. 156. Section 14514.7 of the Public Resources Code is amended
to read:
14514.7. "Nonprofit convenience zone recycler" means a recycling
center that meets the criteria described in subdivision (a) or (b):
(a) The recycling center is all of the following:
(1) Operated by an organization established under Section 501(c)
or 501(d) of Title 26 of the United States Code.
(2) Certified by the department pursuant to Section 14538.
(3) Located within a convenience zone, but is not necessarily a
supermarket site.
(b) The recycling center is all of the following:
(1) Operated by an organization established under Section 501(c)
or 501(d) of Title 26 of the United States Code and has operated in
the same location for a period of not less than five years.
(2) Certified by the department pursuant to Section 14538.
(3) Located within one mile of a supermarket that is in a
convenience zone that is exempt from the requirements of subdivision
(a) of Section 14571.
SEC. 157. Section 14581 of the Public Resources Code is amended to
read:
14581. (a) Subject to the availability of funds, and pursuant to
subdivision (c), the department shall expend the moneys set aside in
the fund, pursuant to subdivision (c) of Section 14580, for the
purposes of this section:
(1) (A) On and after July 1, 2005, to June 30, 2006, inclusive, up
to thirty-one million dollars ($31,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(B) On and after July 1, 2006, to June 30, 2007, inclusive, up to
thirty-three million dollars ($33,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(C) On and after July 1, 2007, to June 30, 2008, inclusive, up to
thirty-five million dollars ($35,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(D) For each fiscal year commencing July 1, 2008, the department
may expend the amount necessary to make the required handling fee
payment pursuant to Section 14585.
(2) Fifteen million dollars ($15,000,000) shall be expended
annually for payments for curbside programs and neighborhood dropoff
programs pursuant to Section 14549.6.
(3) (A) Fifteen million dollars ($15,000,000), plus the
proportional share of the cost-of-living adjustment, as provided in
subdivision (b), shall be expended annually in the form of grants for
beverage container litter reduction programs and recycling programs
issued to either of the following:
(i) Certified community conservation corps that were in existence
on September 30, 1999, or that are formed subsequent to that date,
that are designated by a city or a city and county to perform litter
abatement, recycling, and related activities, if the city or the city
and county has a population, as determined by the most recent
census, of more than 250,000 persons.
(ii) Community conservation corps that are designated by a county
to perform litter abatement, recycling, and related activities, and
are certified by the California Conservation Corps as having operated
for a minimum of two years and as meeting all other criteria of
Section 14507.5.
(B)
Any grants provided pursuant to this paragraph shall not comprise
more than 75 percent of the annual budget of a community conservation
corps.
(4) (A) On or after July 1, 2007, until June 30, 2008, for only
that fiscal year, up to twenty million dollars ($20,000,000) may be
expended in the form of competitive grants issued to community
conservation corps that are designated by a city or county, and that
meet both of the following criteria:
(i) Are certified by the California Conservation Corps as having
operated for a minimum of two years.
(ii) Meet all other requirements under Section 14507.5.
(B) The department shall prepare and adopt criteria and procedures
for evaluating grant applications on a competitive basis. Eligible
activities for the use of these funds shall include developing new
projects, or enhancing or assisting existing projects, to increase
beverage container recycling and increasing the quality of recycled
material at the following locations:
(i) Multifamily dwellings.
(ii) Schools.
(iii) Commercial, state, and local government buildings.
(iv) Bars, restaurants, hotels, and lodging establishments, and
entertainment venues.
(v) Parks and beaches.
(C) Any grants provided pursuant to this paragraph shall not
comprise more than 75 percent of the annual budget of a community
conservation corps.
(D) Any grants provided pursuant to this paragraph shall support
one-time capital improvement projects and shall not be used to
support ongoing staff activities.
(E) Any grant funds appropriated pursuant to this paragraph that
have not been awarded to a grantee prior to the end of the 2007-08
fiscal year shall revert to the fund.
(5) (A) Ten million five hundred thousand dollars ($10,500,000)
may be expended annually for payments of five thousand dollars
($5,000) to cities and ten thousand dollars ($10,000) for payments to
counties for beverage container recycling and litter cleanup
activities, or the department may calculate the payments to counties
and cities on a per capita basis, and may pay whichever amount is
greater, for those activities.
(B) Eligible activities for the use of these funds may include,
but are not necessarily limited to, support for new or existing
curbside recycling programs, neighborhood dropoff recycling programs,
public education-promoting beverage container recycling, litter
prevention, and cleanup, cooperative regional efforts among two or
more cities or counties, or both, or other beverage container
recycling programs.
(C) These funds may not be used for activities unrelated to
beverage container recycling or litter reduction.
(D) To receive these funds, a city, county, or city and county
shall fill out and return a funding request form to the Department of
Conservation. The form shall specify the beverage container
recycling or litter reduction activities for which the funds will be
used.
(E) The Department of Conservation shall annually prepare and
distribute a funding request form to each city, county, or city and
county. The form shall specify the amount of beverage container
recycling and litter cleanup funds for which the jurisdiction is
eligible. The form shall not exceed one double-sided page in length,
and may be submitted electronically. If a city, county, or city and
county does not return the funding request form within 90 days of
receipt of the form from the department, the city, county, or city
and county is not eligible to receive the funds for that funding
cycle.
(F) For the purposes of this paragraph, per capita population
shall be based on the population of the incorporated area of a city
or city and county and the unincorporated area of a county. The
department may withhold payment to any city, county, or city and
county that has prohibited the siting of a supermarket site, caused a
supermarket site to close its business, or adopted a land use policy
that restricts or prohibits the siting of a supermarket site within
its jurisdiction.
(6) One million five hundred thousand dollars ($1,500,000) may be
expended annually in the form of grants for beverage container
recycling and litter reduction programs.
(7) (A) The department shall expend the amount necessary to pay
the processing payment established pursuant to Section 14575. The
department shall establish separate processing fee accounts in the
fund for each beverage container material type for which a processing
payment and processing fee are calculated pursuant to Section 14575,
or for which a processing payment is calculated pursuant to Section
14575 and a voluntary artificial scrap value is calculated pursuant
to Section 14575.1, into which account shall be deposited both of the
following:
(i) All amounts paid as processing fees for each beverage
container material type pursuant to Section 14575.
(ii) Funds equal to the difference between the amount in clause
(i) and the amount of the processing payments established in
subdivision (b) of Section 14575, and adjusted pursuant to paragraph
(2) of subdivision (c) of, and subdivision (f) of, Section 14575, to
reduce the processing fee to the level provided in subdivision (f) of
Section 14575, or to reflect the agreement by a willing purchaser to
pay a voluntary artificial scrap value pursuant to Section 14575.1.
(B) Notwithstanding Section 13340 of the Government Code, the
moneys in each processing fee account are hereby continuously
appropriated to the department for expenditure without regard to
fiscal years, for purposes of making processing payments pursuant to
Section 14575.
(8) Up to five million dollars ($5,000,000) may be annually
expended by the department for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers.
(9) Until January 1, 2008, the department may expend up to five
million dollars ($5,000,000) for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers that meets both
of the following requirements:
(A) The public education and information campaign is multimedia
and includes print, radio, and television.
(B) The public education and information campaign is multilingual.
(10) Up to fifteen million dollars ($15,000,000) may be expended
annually by the department for quality incentive payments for empty
beverage containers pursuant to Section 14549.1.
(11) Up to twenty million dollars ($20,000,000) may be expended
annually by the department, until January 1, 2012, to issue grants
for recycling market development and expansion-related activities
aimed at increasing the recycling of beverage containers, including,
but not limited to, the following:
(A) Research and development of collecting, sorting, processing,
cleaning, or otherwise upgrading the market value of recycled
beverage containers.
(B) Identification, development, and expansion of markets for
recycled beverage containers.
(C) Research and development for products manufactured using
recycled beverage containers.
(D) Research and development to provide high-quality materials
that are substantially free of contamination.
(E) Payments to California manufacturers who recycle beverage
containers that are marked by resin type identification code "3," "4,"
"5," "6," or "7," pursuant to Section 18015.
(12) Up to ten million dollars ($10,000,000) may be transferred on
a one-time basis by the department to the Recycling Infrastructure
Loan Guarantee Account, for expenditure pursuant to Section 14582.
(13) Up to ten million dollars ($10,000,000) may be expended
annually by the department for the payment of recycling incentive
payments pursuant to Section 14549.7 until payments for eligible
beverage containers redeemed or collected for recycling on or before
December 31, 2009, have been paid.
(14) Up to five million dollars ($5,000,000) may be expended
annually by the department for market development payments for empty
plastic beverage containers pursuant to Section 14549.2, until
January 1, 2012.
(15) Up to five million dollars ($5,000,000) may be expended, by
the department, on a one-time basis beginning on January 1, 2007, in
coordination with the Department of Parks and Recreation for the
purposes of installing source separated beverage container recycling
receptacles at each of the state parks, starting with those parks
that have the highest day use.
(16) Up to five million dollars ($5,000,000) may be expended, from
January 1, 2007, to January 1, 2008, to provide grants to local
governments or nonprofit agencies to place multifamily housing source
separated beverage container recycling receptacles in low-income
communities.
(17) (A) Up to fifteen million dollars ($15,000,000) may be
expended from January 1, 2008, to January 1, 2009, to provide grants
to place source separated beverage container recycling receptacles in
multifamily housing.
(B) Notwithstanding subdivision (b) of Section 14580, the amount
of one hundred ninety-eight thousand dollars ($198,000) may be
expended by the department from the fund, on a one-time basis, for
the administrative costs of implementing the grant program
established by subparagraph (A).
(18) (A) Up to twenty million dollars ($20,000,000) may be
expended from July 1, 2009, to January 1, 2012, inclusive, for either
of the following:
(i) Grants for beverage container recycling and litter reduction
programs that emphasize the greatest and most effective collection of
beverage containers per dollar spent to ensure the program's
performance and accountability.
(ii) Focused, regional community beverage container recycling and
litter reduction programs that enable the department to more
effectively organize the amount and type of resources needed for
regional and statewide efforts to increase recycling.
(B) The department shall require, as a condition of receiving
grant funds pursuant to subparagraph (A), each grant recipient to
submit a final report including, but not limited to, the grant
recipient's reported volumes of beverage containers recycled, where
applicable.
(C) On or before July 1, 2014, the department shall publish an
evaluation of all grants made pursuant to subparagraph (A). At a
minimum, the evaluation shall summarize each final report submitted
by each grantee pursuant to subparagraph (B) and assess whether the
grantee adequately met the scope and objectives outlined in the grant
agreement.
(b) The fifteen million dollars ($15,000,000) that is set aside
pursuant to paragraph (3) of subdivision (a) is a base amount that
the department shall adjust annually to reflect any increases or
decreases in the cost of living, as measured by the Department of
Labor, or a successor agency, of the federal government.
(c) (1) The department shall review all funds on a quarterly basis
to ensure that there are adequate funds to make the payments
specified in this section and the processing fee reductions required
pursuant to Section 14575.
(2) If the department determines, pursuant to a review made
pursuant to paragraph (1), that there may be inadequate funds to pay
the payments required by this section and the processing fee
reductions required pursuant to Section 14575, the department shall
immediately notify the appropriate policy and fiscal committees of
the Legislature regarding the inadequacy.
(3) On or before 180 days after the notice is sent pursuant to
paragraph (2), the department may reduce or eliminate expenditures,
or both, from the funds as necessary, according to the procedure set
forth in subdivision (d).
(d) If the department determines that there are insufficient funds
to make the payments specified pursuant to this section and Section
14575, the department shall reduce all payments proportionally.
(e) Prior to making an expenditure pursuant to paragraph (7) of
subdivision (a), the department shall convene an advisory committee
consisting of representatives of the beverage industry, beverage
container manufacturers, environmental organizations, the recycling
industry, nonprofit organizations, and retailers to advise the
department on the most cost-effective and efficient method of the
expenditure of the funds for that education and information campaign.
(f) After setting aside money for the expenditures required
pursuant to subdivisions (a) and (b) and Section 14580, the
department may, on and after January 1, 2007, but not after July 1,
2007, expend remaining moneys in the fund to pay a refund value in an
amount greater than the refund value established pursuant to
subdivision (b) of Section 14560.
SEC. 158. Section 29735 of the Public Resources Code is amended to
read:
29735. There is hereby created the Delta Protection Commission
consisting of 23 members as follows:
(a) One member of the board of supervisors, or his or her
designee, of each of the five counties within the delta whose
supervisorial district is within the primary zone shall be appointed
by the board of supervisors of the county.
(b) (1) Three elected city council members shall be selected and
appointed by city selection committees, from regional and area
councils of government, one in each of the following areas:
(A) One from the north delta, consisting of the Counties of
Sacramento and Yolo.
(B) One from the south delta, consisting of the County of San
Joaquin.
(C) One from the west delta, consisting of the Counties of Contra
Costa and Solano.
(2) A city council member may select a designee for purposes of
paragraph (1).
(c) (1) One member each from the board of directors of five
different reclamation districts that are located within the primary
zone who are residents of the delta, and who are elected by the
trustees of reclamation districts within the following areas:
(A) Two members from the area of the North Delta Water Agency as
described in Section 9.1 of the North Delta Water Agency Act (Chapter
283 of the Statutes of 1973), provided that at least one member is
also a member of the Delta Citizens Municipal Advisory Council.
(B) One member from the west delta consisting of the area of
Contra Costa County within the delta.
(C) One member from the area of the Central Delta Water Agency as
described in Section 9.1 of the Central Delta Water Agency Act
(Chapter 1133 of the Statutes of 1973).
(D) One member from the area of the South Delta Water Agency as
described in Section 9.1 of the South Delta Water Agency Act (Chapter
1089 of the Statutes of 1973).
(2) Each reclamation district may nominate one director to be a
member. The member from an area shall be selected from among the
nominees by a majority vote of the reclamation districts in that
area. The member may select a designee for this purpose. For purposes
of this section, each reclamation district shall have one vote. The
north delta area shall conduct separate votes to select each of its
two members.
(d) The Director of Parks and Recreation, or the director's sole
designee.
(e) The Director of Fish and Game, or the director's sole
designee.
(f) The Secretary of Food and Agriculture, or the secretary's sole
designee.
(g) The executive officer of the State Lands Commission, or the
executive officer's sole designee.
(h) The Director of Boating and Waterways, or the director's sole
designee.
(i) The Director of Water Resources, or the director's sole
designee.
(j) The public member of the California Bay-Delta Authority who
represents the delta region or his or her designee.
(k) (1) The Governor shall appoint three members and three
alternates from the general public who are delta residents or delta
landowners, as follows:
(A) One member and one alternate shall represent the interests of
production agriculture with a background in promoting the
agricultural viability of delta farming.
(B) One member and one alternate shall represent the interests of
conservation of wildlife and habitat resources of the delta region
and ecosystem.
(C) One member and one alternate shall represent the interests of
outdoor recreational opportunities, including, but not limited to,
hunting and fishing.
(2) An alternate may serve in the absence of a member.
SEC. 159. Section 41825 of the Public Resources Code, as added by
Section 13 of Chapter 343 of the Statutes of 2008, is amended to
read:
41825. (a) Using the information in the report submitted to the
board by the jurisdiction pursuant to Section 41821 and any other
relevant information, the board shall make a finding whether each
jurisdiction was in compliance with Section 41780 for calendar year
2006 and shall review a jurisdiction's compliance with Section 41780
in accordance with the following schedule:
(1) If the board makes a finding that the jurisdiction was in
compliance with Section 41780 for calendar year 2006, the board shall
review, commencing January 1, 2012, and at least once every four
years thereafter, whether the jurisdiction has implemented its source
reduction and recycling element and household hazardous waste
element.
(2) If the board makes a finding that the jurisdiction made a good
faith effort to implement its source reduction and recycling element
and household hazardous waste element, the board shall review,
commencing January 1, 2010, and at least once every two years
thereafter, whether the jurisdiction has implemented its source
reduction and recycling element and household hazardous waste
element.
(3) If the board makes a finding that the jurisdiction was not in
compliance with Section 41780 for calendar year 2006 or for any
subsequent calendar year, the board shall review, commencing January
1, 2010, and at least once every two years thereafter, whether the
jurisdiction has implemented its source reduction and recycling
element and household hazardous waste element.
(4) If, after determining that a jurisdiction is subject to
paragraph (2), or, if, after determining that a jurisdiction is not
in compliance with Section 41780 and is subject to paragraph (3), the
board subsequently determines that the jurisdiction has come into
compliance with Section 41780, the board shall review, at least once
every four years, whether the jurisdiction has implemented its source
reduction and recycling element and household hazardous waste
element in the same manner as a jurisdiction that is subject to
paragraph (1).
(5) If, after determining that a jurisdiction is in compliance
with Section 41780 and is subject to paragraph (1), the board
subsequently determines that the jurisdiction is not in compliance
with Section 41780, the board shall review, at least once every two
years, whether the jurisdiction has implemented its source reduction
and recycling element and household hazardous waste element in the
same manner as a jurisdiction that is subject to paragraph (2) or
(3).
(b) In addition to the requirements of subdivision (a), the board
may review whether a jurisdiction is in compliance with Section 41780
in accordance with the requirements of this section at any time that
the board receives information that indicates the jurisdiction may
not be making a good faith effort to implement its source reduction
and recycling element and household hazardous waste element.
(c) (1) Before issuing a compliance order pursuant to subdivision
(d), the board shall confer with the jurisdiction regarding
conditions relating to the proposed order of compliance, with a first
meeting occurring not less than 60 days before issuing a notice of
intent to issue an order of compliance.
(2) The board shall issue a notice of intent to issue an order of
compliance not less than 30 days before the board holds a hearing to
issue the notice of compliance. The notice of intent shall specify
all of the following:
(A) The proposed basis for issuing an order of compliance.
(B) The proposed actions the board recommends are necessary for
the jurisdiction to complete to implement its source reduction and
recycling element or household hazardous waste element.
(C) The proposed recommendations to the board.
(3) The board shall consider any information provided pursuant to
subdivision (c) of Section 41821 if the proposed issuance of an order
of compliance involves changes to a jurisdiction's calculation of
annual disposal.
(d) (1) If, after holding a public hearing, which, to the extent
possible, shall be held in the local or regional agency's
jurisdiction, the board finds that a jurisdiction has failed to make
a good faith effort to implement its source reduction and recycling
element or its household hazardous waste element, the board shall
issue an order of compliance with a specific schedule for achieving
compliance.
(2) The compliance order shall include those conditions that the
board determines to be necessary for the jurisdiction to implement
its diversion programs.
(3) In addition to considering the good faith efforts of a
jurisdiction, as specified in subdivision (e), to implement a
diversion program, the board shall consider both of the following
factors in determining whether or not to issue a compliance order:
(A) Whether an exceptional growth rate may have affected
compliance.
(B) Other information that the jurisdiction may provide that
indicates the effectiveness of the jurisdiction's programs, such as
disposal characterization studies or other jurisdiction specific
information.
(e) For purposes of making a determination pursuant to this
section whether a jurisdiction has failed to make a good faith effort
to implement its source reduction and recycling element or its
household hazardous waste element, the board shall consider all of
the following criteria:
(1) For the purposes of this section, "good faith effort" means
all reasonable and feasible efforts by a jurisdiction to implement
those programs or activities identified in its source reduction and
recycling element or household hazardous waste element, or
alternative programs or activities that achieve the same or similar
results.
(2) For purposes of this section, "good faith effort" may also
include the evaluation by a jurisdiction of improved technology for
the handling and management of solid waste that would reduce costs,
improve efficiency in the collection, processing, or marketing of
recyclable materials or yard waste, and enhance the ability of the
jurisdiction to adequately address all sources of significant
disposal, the submission by the jurisdiction of a compliance
schedule, and the undertaking of all other reasonable and feasible
efforts to implement the programs identified in the jurisdiction's
source reduction and recycling element or household hazardous waste
element.
(3) In determining whether a jurisdiction has made a good faith
effort, the board shall consider the enforcement criteria included in
its enforcement policy, as adopted on April 25, 1995, or as
subsequently amended.
(4) The board shall consider all of the following when considering
whether a jurisdiction has made a good faith effort to implement its
source reduction and recycling element or its household hazardous
waste element:
(A) Natural disasters.
(B) Budgetary conditions within a jurisdiction that could not be
remedied by the imposition or adjustment of solid waste fees.
(C) Work stoppages that directly prevent a jurisdiction from
implementing its source reduction and recycling element or household
hazardous waste element.
(D) The impact of the failure of federal, state, and other local
agencies located within the jurisdiction to implement source
reduction and recycling programs in the jurisdiction.
(E) The extent to which the jurisdiction has implemented
additional source reduction, recycling, and composting activities.
(F) The extent to which the jurisdiction has made program
implementation choices driven by considerations related to other
environmental issues, including climate change.
(G) Whether the jurisdiction has provided information to the board
concerning whether construction and demolition waste material is at
least a moderately significant portion of the waste stream, and, if
so, whether the local jurisdiction has adopted an ordinance for
diversion of construction and demolition waste materials from solid
waste disposal facilities, has adopted a model ordinance pursuant to
subdivision (a) of Section 42912 for diversion of construction and
demolition waste materials from solid waste disposal facilities, or
has implemented another program to encourage or require diversion of
construction and demolition waste materials from solid waste disposal
facilities.
(H) The extent to which the jurisdiction has implemented programs
to comply with Section 41780 and to maintain its per capita disposal
rate.
(5) In making a determination whether a jurisdiction has made a
good faith effort, pursuant to this section, the board may consider a
jurisdiction's per capita disposal rate as a factor in determining
whether the jurisdiction adequately implemented its diversion
programs. The board shall not consider a jurisdiction's per capita
disposal rate to be determinative as to whether the jurisdiction has
made a good faith effort to implement its source reduction and
recycling element or its household hazardous waste element.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 160. Section 71205.3 of the Public Resources Code is amended
to read:
71205.3. (a) On or before January 1, 2008, the commission shall
adopt regulations that do all of the following:
(1) Except as provided otherwise in Section 71204.7, require an
owner or operator of a vessel carrying, or capable of carrying,
ballast water that operates in the waters of the state to implement
the interim performance standards for the discharge of ballast water
recommended in accordance with Table x-1 of the California State
Lands Commission Report on Performance Standards for Ballast Water
Discharges in California Waters, as approved by the commission on
January 26, 2006.
(2) Except as provided otherwise in Section 71204.7, require an
owner or operator of a vessel carrying, or capable of carrying,
ballast water that operates in the waters of the state to comply with
the following implementation schedule:
Standards apply Standards apply
Ballast water to new vessels to all other
capacity of in this size vessels in this
vessel class size class
constructed on beginning on:
or after:
<1500 metric January 1, 2010 January 1, 2016
tons
1500-5000 January 1, 2010 January 1, 2014
metric tons
>5000 metric January 1, 2012 January 1,
tons 2016
(3) Notwithstanding Section 71204.7, require an owner or operator
of a vessel carrying, or capable of carrying, ballast water that
operates in the waters of the state to meet the final performance
standard for the discharge of ballast water of zero detectable for
all organism size classes by 2020, as approved by the commission on
January 26, 2006.
(b) On or before January 1, 2009, for the interim performance
standards specified in paragraph (1) of subdivision (a) that have to
be complied with in 2010, as specified in paragraph (2) of
subdivision (a), and not less than 18 months prior to the scheduled
compliance date specified in paragraph (2) of subdivision (a) for
each subsequent class and the date for implementation of the final
performance standard, as specified in paragraph (3) of subdivision
(a), the commission, in consultation with the State Water Resources
Control Board, the United States Coast Guard, and the advisory panel
described in subdivision (b) of Section 71204.9, shall prepare, or
update, and submit to the Legislature a review of the efficacy,
availability, and environmental impacts, including the effect on
water quality, of currently available technologies for ballast water
treatment systems. If technologies to meet the performance standards
are determined in a review to be unavailable, the commission shall
include in that review an assessment of why the technologies are
unavailable.
SEC. 161. Section 75125 of the Public Resources Code is amended to
read:
75125. The council shall do all of the following:
(a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning, and revitalize
urban and community centers in a sustainable manner. At a minimum,
the council shall review and comment on the five-year infrastructure
plan developed pursuant to Article 2 (commencing with Section 13100)
of Chapter 2 of Part 3 of Division 3 of the Government Code and the
State Environmental Goals and Policy Report developed pursuant to
Section 65041 of the Government Code.
(b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, consistent with
subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
(d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
(1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant
to this article.
(5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
(e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded
project.
(6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.
SEC. 162. Section 281 of the Public Utilities Code, as amended by
Section 64 of Chapter 751 of the Statutes of 2008, is amended and
renumbered to read:
282. Any revenues that are deposited in funds created pursuant to
this chapter shall not be used by the state for any purpose other
than as specified in this chapter. Notwithstanding any other
provision of law, the Controller may use the funds created pursuant
to this chapter for loans to the General Fund as provided in Sections
16310 and 16381 of the Government Code.
SEC. 163. Section 739 of the Public Utilities Code is amended to
read:
739. (a) As used in this section:
(1) "Baseline quantity" means a quantity of electricity or gas
allocated by the commission for residential customers based on from
50 to 60 percent of average residential consumption of these
commodities, except that, for residential gas customers and for
all-electric residential customers, the baseline quantity shall be
established at from 60 to 70 percent of average residential
consumption during the winter heating season. In establishing the
baseline quantities, the commission shall take into account climatic
and seasonal variations in consumption and the availability of gas
service. The commission shall review and revise baseline quantities
as average consumption patterns change in order to maintain these
ratios.
(2) "Residential customer" means those customers receiving
electrical or gas service pursuant to a domestic rate schedule and
excludes industrial, commercial, and every other category of
customer.
(b) The commission shall designate a baseline quantity of gas and
electricity which is necessary to supply a significant portion of the
reasonable energy needs of the average residential customer. In
estimating those quantities, the commission shall take into account
differentials in energy needs between customers whose residential
energy needs are currently supplied by electricity alone or by both
electricity and gas. The commission shall develop a separate baseline
quantity for all-electric residential customers. For these purposes,
"all-electric residential customers" are residential customers
having electrical service only or whose space heating is provided by
electricity, or both. The commission shall also take into account
differentials in energy use by climatic zone and season.
(c) (1) The commission shall establish a standard limited
allowance which shall be in addition to the baseline quantity of gas
and electricity for residential customers dependent on life-support
equipment, including, but not limited to, emphysema and pulmonary
patients. A residential customer dependent on life-support equipment
shall be allocated a higher energy allocation than the average
residential customer.
(2) "Life-support equipment" means that equipment which utilizes
mechanical or artificial means to sustain, restore, or supplant a
vital function, or mechanical equipment which is relied upon for
mobility both within and outside of buildings. "Life-support
equipment," as used in this subdivision, includes all of the
following: all types of respirators, iron lungs, hemodialysis
machines, suction machines, electric nerve stimulators, pressure pads
and pumps, aerosol tents, electrostatic and ultrasonic nebulizers,
compressors, IPPB machines, and motorized wheelchairs.
(3) The limited allowance specified in this subdivision shall also
be made available to paraplegic and quadriplegic persons in
consideration of the increased heating and cooling needs of those
persons.
(4) The limited allowance specified in this subdivision shall also
be made available to multiple sclerosis patients in consideration of
the increased heating and cooling needs of those persons.
(5) The limited allowance specified in this subdivision shall also
be made available to scleroderma patients in consideration of the
increased heating needs of those persons.
(6) The limited allowance specified in this subdivision shall also
be made available to persons who are being treated for a
life-threatening illness or have a compromised immune system, if a
licensed physician and surgeon or a person licensed pursuant to the
Osteopathic Initiative Act certifies in writing to the utility that
the additional heating or cooling allowance, or both, is medically
necessary to sustain the life of the person or prevent deterioration
of the person's medical condition.
(d) (1) The commission shall require that every electrical and gas
corporation file a schedule of rates and charges providing baseline
rates. The baseline rates shall apply to the first or lowest block of
an increasing block rate structure which shall be the baseline
quantity. In establishing these rates, the commission shall avoid
excessive rate increases for residential customers, and shall
establish an appropriate gradual differential between the rates for
the respective blocks of usage.
(2) In establishing residential electric and gas rates, including
baseline rates, the commission shall ensure that the rates are
sufficient to enable the electrical corporation or gas corporation to
recover a just and reasonable amount of revenue from residential
customers as a class, while observing the principle that electricity
and gas services are necessities, for which a low affordable rate is
desirable and while observing the principle that conservation is
desirable in order to maintain an affordable bill.
(3) At least until December 31, 2003, the commission shall require
that all charges for residential electric customers are volumetric,
and shall prohibit any electrical corporation from imposing any
charges on residential consumption that are independent of
consumption, unless those charges are in place prior to April 12,
2001.
(e) (1) Each electrical corporation and each gas corporation
shall, in a timeframe consistent with each electrical and gas
corporation's next general rate case, disclose on the billing
statement of a residential customer all of the following:
(A) Cost per kilowatthour or gas therm per tier.
(B) Allocation of kilowatthour or gas therm per tier.
(C) Visual representation of usage and cost per tier.
(D) Usage comparison with prior periods.
(E) Itemized cost components in the bill to identify state and
local taxes.
(F) Identification of delivery, generation, public purpose, and
other charges.
(G) Contact information for the commission's Consumer Affairs
Branch.
(2) An electrical corporation and a gas corporation shall make
available online to residential customers both of the following:
(A) Examples of how conservation measures, including changing
thermostat settings and turning off unused lights, could reduce
energy usage and costs.
(B) Examples of how energy-saving devices and weatherization
measures could reduce energy usage and costs.
(3) The commission may modify, adjust, or add to the requirements
of this subdivision as the individual circumstances of each
electrical corporation or gas corporation merits, or for master-meter
customers, as individual circumstances merit.
(4) The commission shall, as part of the general rate case of an
electrical corporation or gas corporation, assess opportunities to
improve the quality of information contained in the utility's
periodic billings.
(f) Wholesale electrical or gas purchases, and the rates charged
therefor, are exempt from this section.
(g) Nothing contained in this section shall be construed to
prohibit experimentation with alternative gas or electrical rate
schedules for the purpose of achieving energy conservation.
SEC. 164. Section 99171 of the Public Utilities Code is amended to
read:
99171. (a) (1) A transit district may issue a prohibition order
to any person to whom either of the following applies:
(A) On at least three separate occasions within a period of 60
consecutive days, the person is cited for an infraction committed in
or on a vehicle, bus stop, or light rail station of the transit
district for any act that is a violation of paragraph (2) or (5) of
subdivision (a) of Section 99170 of this code or paragraph (6), (7),
(8), or (9) of subdivision (b) of Section 640 or Section 640.5 of the
Penal Code.
(B) The person is arrested or convicted for a misdemeanor or
felony committed in or on a vehicle, bus stop, or light rail station
of the transit district for acts involving violence, threats of
violence, lewd or lascivious behavior, or possession for sale or sale
of a controlled substance.
(C) The person is convicted of a violation of Section 11532 of the
Health and Safety Code or Section 653.22 of the Penal Code.
(2) A person subject to a prohibition order may not enter the
property, facilities, or vehicles of the transit district for a
period of time deemed appropriate by the transit district, provided
that the duration of a prohibition order shall not exceed the
following, as applicable:
(A) Thirty days if issued pursuant to subparagraph (A) of
paragraph (1), provided that a second prohibition order within one
year may not exceed 90 days, and a third or subsequent prohibition
order within one year may not exceed 180 days.
(B) Thirty days if issued pursuant to an arrest pursuant to
subparagraph (B) of paragraph (1). Upon conviction of a misdemeanor
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed 180 days. Upon conviction of a felony
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed one year.
(3) No prohibition order issued under this subdivision shall be
effective unless the transit district first affords the person an
opportunity to contest the transit district's proposed action in
accordance with procedures adopted by the transit district for this
purpose. A transit district's procedures shall provide, at a minimum,
for the notice and other protections set forth in subdivisions (b)
and (c), and the transit district shall provide reasonable
notification to the public of the availability of those procedures.
(b) (1) A notice of a prohibition order issued under subdivision
(a) shall set forth a description of the conduct underlying the
violation or violations giving rise to the prohibition order,
including reference to the applicable statutory provision, ordinance,
or transit district rule violated, the date of the violation, the
approximate time of the violation, the location where the violation
occurred, the period of the proposed prohibition, and the scope of
the prohibition. The notice shall include a clear and conspicuous
statement indicating the procedure for contesting the prohibition
order. The notice of prohibition order shall be personally served
upon the violator. The notice of prohibition order, or a copy, shall
be considered a record kept in the ordinary course of business of the
transit district and shall be prima facie evidence of the facts
contained in the notice establishing a rebuttable presumption
affecting the burden of producing evidence. For purposes of this
paragraph, "clear and conspicuous" means in larger type than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks that call attention
to the language.
(2) For purposes of this section, "personal service" means any of
the following:
(A) In-person delivery.
(B) Delivery by any form of mail providing for delivery
confirmation, postage prepaid, to at least one address provided by
the person being served, including, but not limited to, the address
set forth in any citation or in court records.
(C) Any alternate method approved in writing by the transit
district and the person being served.
(3) If a person served with a notice of prohibition order is not
able, or refuses, to provide a mailing address, the notice of
prohibition order shall set forth the procedure for obtaining any
letters, notices, or orders related to the prohibition order from the
administrative offices of the transit district. For purposes of this
section, delivery shall be deemed to have been made on the following
date, as applicable:
(A) On the date of delivery, if delivered in person.
(B) On the date of confirmed delivery, for any delivery by mail.
(C) For any alternate method of service, as provided in the
writing specifying the alternate method.
(4) Proof of service of the notice shall be filed with the transit
district.
(5) If a person contests a notice of prohibition order, the
transit district shall proceed in accordance with subdivision (c). If
the notice of prohibition order is not contested within 10 calendar
days after delivery by personal service, the prohibition order shall
be deemed final and shall go into effect, without further action by
the transit district, for the period of time set forth in the order.
(6) All prohibition orders shall be subject to an automatic stay
and shall not take effect until the latest of the following:
(A) Eleven calendar days after delivery of the prohibition order
by personal service.
(B) If an initial review is timely requested under paragraph (1)
of subdivision (c), 11 calendar days after delivery by personal
service of the results of the review.
(C) If an administrative hearing is timely requested under
paragraph (3) of subdivision (c), the date the hearing officer's
decision is delivered by personal service.
(c) (1) For a period of 10 calendar days from the delivery of the
prohibition order by personal service, the person may request an
initial review of the prohibition order by the transit district. The
request may be made by telephone, in writing, or in person. There
shall be no charge for this review. In conducting its review and
reaching a determination, the transit district shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence. If,
following the initial review, based on these findings, the transit
district determines that the prohibition order is not adequately
supported or that extenuating circumstances make dismissal of the
prohibition order appropriate in the interest of justice, the transit
district shall cancel the notice. If, following the initial review,
based on these findings, the transit district determines that the
prohibition order should be upheld in whole or in part, the transit
district shall issue a written statement to that effect, including
any modification to the period or scope of the prohibition order. The
transit district shall serve the results of the initial review to
the person contesting the notice by personal service.
(2) The transit district may modify or cancel a prohibition order
in the interest of justice. The transit district shall cancel a
prohibition order if it determines that the person did not understand
the nature and extent of his or her actions or did not have the
ability to control his or her actions. If the person is dependent
upon the transit system for trips of necessity, including, but not
limited to, travel to or from medical or legal appointments, school
or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(3) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
prohibition order no later than 10 calendar days after the results of
the initial review are delivered by personal service. The request
may be made by telephone, in writing, or in person. An administrative
hearing shall be held within 30 calendar days after the receipt of a
request for an administrative hearing. The person requesting the
hearing may request one continuance, not to exceed seven calendar
days.
(4) The administrative hearing process shall include all of the
following:
(A) The person requesting the hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be conducted
within the jurisdiction of the transit district.
(B) The administrative hearing shall be conducted in accordance
with written procedures established by the transit district and
approved by the governing body or chief executive officer of the
transit district. The hearing shall provide an independent,
objective, fair, and impartial review of the prohibition order.
(C) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the transit district's
governing body or chief executive officer. In addition to any other
requirements, a hearing officer shall demonstrate the qualifications,
training, and objectivity prescribed by the transit agency's
governing body or chief executive officer as are necessary to fulfill
and that are consistent with the duties and responsibilities set
forth in this subdivision. The hearing officer's continued service,
performance evaluation, compensation, and benefits, as applicable,
shall not be directly or indirectly linked to the number of
prohibition orders upheld by the hearing officer.
(D) The person who issued the notice of prohibition order shall
not be required to participate in an administrative hearing, unless
participation is requested by the person requesting the hearing. The
request for participation must be made at least five calendar days
prior to the date of the hearing and may be made by telephone, in
writing, or in person. The notice of prohibition order, in proper
form, shall be prima facie evidence of the violation or violations
pursuant to subdivision (a) establishing a rebuttable presumption
affecting the burden of producing evidence.
(E) In issuing a decision, the hearing officer shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence.
Based upon these findings, the hearing officer may uphold the
prohibition order in whole, determine that the prohibition order is
not adequately supported, or cancel or modify the prohibition order
in the interest of justice. The hearing officer shall cancel a
prohibition order if he or she determines that the person did not
understand the nature and extent of his or her actions or did not
have the ability to control his or her actions. If the person is
dependent upon the transit system for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(F) The hearing officer's decision following the administrative
hearing shall be delivered by personal service.
(G) A person aggrieved by the final decision of the hearing
officer may seek judicial review of the decision within 90 days of
the date of delivery of the decision by personal service, as provided
by Section 1094.6 of the Code of Civil Procedure.
(d) A person issued a prohibition order under subdivision (a) may,
within 10 calendar days of the date the order goes into effect under
paragraph (6) of subdivision (b), request a refund for any prepaid
fare media rendered unusable in whole or in part by the prohibition
order, including, but not limited to, monthly passes. If the fare
media remain usable for one or more days outside the period of the
prohibition order, the refund shall be prorated based on the number
of days the fare media will be unusable. The issuance of a refund may
be made contingent on surrender of the fare media.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 165. Section 101223 of the Public Utilities Code is amended
to read:
101223. The authority to incur indebtedness vested in the
district by the provisions of this article shall be in addition to
any right vested in it to receive a temporary transfer of funds
pursuant to the last paragraph of Section 6 of Article XVI of the
California Constitution.
SEC. 166. Section
103311 of the Public Utilities Code is amended to read:
103311. The district shall have the power to obtain temporary
transfers of funds in accordance with the last paragraph of Section 6
of Article XVI of the California Constitution.
SEC. 167. Section 120508 of the Public Utilities Code is amended
to read:
120508. (a) This article also applies to the employee relations
of employees of a nonprofit entity that operates public mass transit
services and that is solely owned by the board. For employee
relations regarding these employees, "board," as used in this
article, means the board and the board of directors of the nonprofit
entity as the joint employer of the employees.
(b) The board may, at any time in its sole discretion, abolish any
nonprofit entity or merge any nonprofit entity with another
nonprofit entity or with the board.
(c) Upon abolishing or merging a nonprofit entity pursuant to
subdivision (b), the board shall become the sole employer of the
employees of the nonprofit entity and shall assume sole
responsibility to observe all existing labor contracts established
and maintained pursuant to this article.
(d) Except as may be agreed upon through the collective bargaining
process, nothing in this section shall prohibit or limit the right
of the board to contract with common carriers of persons operating
under a franchise, license, or other agreement. Any provision in an
existing collective bargaining agreement made applicable to the board
in its capacity as a joint employer with a nonprofit entity pursuant
to subdivision (a) or sole successor employer pursuant to
subdivision (b) that is intended to prohibit or limit the right of a
nonprofit entity to contract out covered bargaining unit services to
another common carrier of persons shall not be binding upon the board
with respect to any contract for services entered into, renewed, or
extended by the board prior to January 1, 2004, and thereafter shall
apply only to contracts for bargaining unit services covered by an
existing collective bargaining agreement assumed by or binding upon
the board as a joint employer unless otherwise agreed upon through
the collective bargaining process. The amendments to this subdivision
made by Chapter 557 of the Statutes of 2005 are intended solely to
clarify existing law and shall not be interpreted either to enlarge
or contract the board's right to contract out for public
transportation services.
SEC. 168. Section 130680 of the Public Utilities Code is amended
to read:
130680. (a) The chief executive officer shall be responsible for
ensuring the MTA has an independent professional procurement staff.
The chief executive officer and designated procurement staff shall be
responsible for conducting an independent, autonomous procurement
process in accordance with state and federal law.
(b) Board members shall use objective judgment in voting on a
procurement award and base their decision on the criteria established
in the procurement documents.
(c) Board members or their staff shall not attempt to influence
contract awards.
(d) During any procurement process, board members or their staff
shall not communicate with MTA staff regarding the procurement.
(e) Before the staff recommendation for an award is made public,
board members or their staff shall communicate only with the chief
executive officer or his or her designee regarding the procurement.
The chief executive officer shall keep a log of those communications
and shall report those communications and responses in writing at the
board meeting where action on the procurement is scheduled.
(f) Board members or their staff shall not attempt to obtain
information about the recommendation of the award of a contract until
the recommendation is made public.
(g) Board members shall not release information about the
procurement to the public until the award recommendation is made
public.
(h) If a board member attempts to communicate with MTA staff to
influence the recommended award, this communication shall be reported
by staff to the inspector general.
SEC. 169. Section 130720 of the Public Utilities Code is amended
to read:
130720. (a) Board members shall file Statements of Economic
Interest with the ethics officer pursuant to state law, within 30
days of assuming office, annually, and within 30 days of leaving
office.
(b) Board members shall file an addendum to the statement required
under subdivision (a), disclosing all financial interests both
within and outside Los Angeles County, including those financial
interests received during the reporting period by all entities in
which the member is an officer, principal, partner, or major
shareholder.
(c) Any amendments to the Statement of Economic Interest or
addendum shall be filed within 30 days of the occurrence of the
change.
SEC. 170. Section 240308 of the Public Utilities Code is amended
to read:
240308. (a) If requested to do so by the commission in its
resolution calling for an election, the board of supervisors, as part
of the ballot proposition to approve the imposition of a retail
transactions and use tax, may seek authorization to issue bonds for
capital outlay expenditures as may be provided for in the ordinance
expenditure plan payable from the proceeds of the tax.
(b) The maximum bonded indebtedness that may be outstanding at any
one time shall be an amount equal to the sum of the principal of,
and interest on, the bonds, but not to exceed the estimated proceeds
of the tax, as determined by the plan. The amount of bonds
outstanding at any one time does not include the amount of bonds,
refunding bonds, or bond anticipation notes for which funds necessary
for the payment thereof have been set aside for that purpose in a
trust or escrow account.
(c) The proposition shall set forth each of the following:
(1) The actual percent of the tax.
(2) The duration of the tax if the plan specifies a time limit.
(3) The amount of bonds, if any, payable from the proceeds of the
tax.
(4) The commission as the agency imposing the tax.
(5) The appropriations limit of the commission, pursuant to
Section 4 of Article XIII B of the California Constitution.
(d) The sample ballot to be mailed to the voters, pursuant to
Section 13303 of the Elections Code, shall be the full proposition,
as set forth in the ordinance calling the election, and the voter
information handbook shall include the entire ordinance expenditure
plan.
SEC. 171. Section 7093.6 of the Revenue and Taxation Code, as
amended by Section 1 of Chapter 222 of the Statutes of 2008, is
amended to read:
7093.6. (a) (1) Beginning January 1, 2003, the executive director
and chief counsel of the board, or their delegates, may compromise
any final tax liability in which the reduction of tax is seven
thousand five hundred dollars ($7,500) or less.
(2) Except as provided in paragraph (3), the board, upon
recommendation by its executive director and chief counsel, jointly,
may compromise a final tax liability involving a reduction in tax in
excess of seven thousand five hundred dollars ($7,500). Any
recommendation for approval of an offer in compromise that is not
either approved or disapproved within 45 days of the submission of
the recommendation shall be deemed approved.
(3) The board, itself, may by resolution delegate to the executive
director and the chief counsel, jointly, the authority to compromise
a final tax liability in which the reduction of tax is in excess of
seven thousand five hundred dollars ($7,500), but less than ten
thousand dollars ($10,000).
(b) For purposes of this section, "a final tax liability" means
any final tax liability arising under Part 1 (commencing with Section
6001), Part 1.5 (commencing with Section 7200), Part 1.6 (commencing
with Section 7251), and Part 1.7 (commencing with Section 7280) or
related interest, additions to tax, penalties, or other amounts
assessed under this part.
(c) (1) Offers in compromise shall be considered only for
liabilities that were generated from a business that has been
discontinued or transferred, where the taxpayer making the offer no
longer has a controlling interest or association with the transferred
business or has a controlling interest or association with a similar
type of business as the transferred or discontinued business.
(2) Notwithstanding paragraph (1), a qualified final tax liability
may be compromised regardless of whether the business has been
discontinued or transferred or whether the taxpayer has a controlling
interest or association with a similar type of business as the
transferred or discontinued business. All other provisions of this
section that apply to a final tax liability shall also apply to a
qualified final tax liability, and no compromise shall be made under
this subdivision unless all other requirements of this section are
met. For purposes of this subdivision, a "qualified final tax
liability" means any of the following:
(A) That part of a final tax liability, including related
interest, additions to tax, penalties, or other amounts assessed
under this part, arising from a transaction or transactions in which
the board finds no evidence that the taxpayer collected sales tax
reimbursement or use tax from the purchaser or other person and which
was determined against the taxpayer under Article 2 (commencing with
Section 6481), Article 3 (commencing with Section 6511), and Article
5 (commencing with Section 6561) of Chapter 5.
(B) A final tax liability, including related interest, additions
to tax, penalties, or other amounts assessed under this part, arising
under Article 7 (commencing with Section 6811) of Chapter 6.
(C) That part of a final tax liability for use tax, including
related interest, additions to tax, penalties, or other amounts
assessed under this part, determined under Article 2 (commencing with
Section 6481), Article 3 (commencing with Section 6511), and Article
5 (commencing with Section 6561) of Chapter 5, against a taxpayer
who is a consumer that is not required to hold a permit under Section
6066.
(3) A qualified final tax liability may not be compromised with
any of the following:
(A) A taxpayer who previously received a compromise under
paragraph (2) for a liability, or a part thereof, arising from a
transaction or transactions that are substantially similar to the
transaction or transactions attributable to the liability for which
the taxpayer is making the offer.
(B) A business that was transferred by a taxpayer who previously
received a compromise under paragraph (2) and who has a controlling
interest or association with the transferred business, when the
liability for which the offer is made is attributable to a
transaction or transactions substantially similar to the transaction
or transactions for which the taxpayer's liability was previously
compromised.
(C) A business in which a taxpayer who previously received a
compromise under paragraph (2) has a controlling interest or
association with a similar type of business for which the taxpayer
received the compromise, when the liability of the business making
the offer arose from a transaction or transactions substantially
similar to the transaction or transactions for which the taxpayer's
liability was previously compromised.
(d) The board may, in its discretion, enter into a written
agreement that permits the taxpayer to pay the compromise in
installments for a period not exceeding one year. The agreement may
provide that the installments shall be paid by electronic funds
transfers or any other means to facilitate the payment of each
installment.
(e) Except for any recommendation for approval as specified in
subdivision (a), the members of the State Board of Equalization shall
not participate in any offer in compromise matters pursuant to this
section.
(f) A taxpayer that has received a compromise under paragraph (2)
of subdivision (c) may be required to enter into any collateral
agreement that is deemed necessary for the protection of the
interests of the state. A collateral agreement may include a
provision that allows the board to reestablish the liability, or any
portion thereof, if the taxpayer has sufficient annual income during
the succeeding five-year period. The board shall establish criteria
for determining "sufficient annual income" for purposes of this
subdivision.
(g) A taxpayer that has received a compromise under paragraph (2)
of subdivision (c) shall file and pay by the due date all
subsequently required sales and use tax returns for a five-year
period from the date the liability is compromised, or until the
taxpayer is no longer required to file sales and use tax returns,
whichever period is earlier.
(h) For amounts to be compromised under this section, the
following conditions shall exist:
(1) The taxpayer shall establish that:
(A) The amount offered in payment is the most that can be expected
to be paid or collected from the taxpayer's present assets or
income.
(B) The taxpayer does not have reasonable prospects of acquiring
increased income or assets that would enable the taxpayer to satisfy
a greater amount of the liability than the amount offered, within a
reasonable period of time.
(2) The board shall have determined that acceptance of the
compromise is in the best interest of the state.
(i) A determination by the board that it would not be in the best
interest of the state to accept an offer in compromise in
satisfaction of a final tax liability shall not be subject to
administrative appeal or judicial review.
(j) When an offer in compromise is either accepted or rejected, or
the terms and conditions of a compromise agreement are fulfilled,
the board shall notify the taxpayer in writing. In the event an offer
is rejected, the amount posted will either be applied to the
liability or refunded, at the discretion of the taxpayer.
(k) When more than one taxpayer is liable for the debt, such as
with spouses or partnerships or other business combinations, the
acceptance of an offer in compromise from one liable taxpayer shall
not relieve the other taxpayers from paying the entire liability.
However, the amount of the liability shall be reduced by the amount
of the accepted offer.
(l) Whenever a compromise of tax or penalties or total tax and
penalties in excess of five hundred dollars ($500) is approved, there
shall be placed on file for at least one year in the office of the
executive director of the board a public record with respect to that
compromise. The public record shall include all of the following
information:
(1) The name of the taxpayer.
(2) The amount of unpaid tax and related penalties, additions to
tax, interest, or other amounts involved.
(3) The amount offered.
(4) A summary of the reason why the compromise is in the best
interest of the state.
The public record shall not include any information that relates
to any trade secrets, patent, process, style of work, apparatus,
business secret, or organizational structure, that if disclosed,
would adversely affect the taxpayer or violate the confidentiality
provisions of Section 7056. No list shall be prepared and no releases
distributed by the board in connection with these statements.
(m) Any compromise made under this section may be rescinded, all
compromised liabilities may be reestablished (without regard to any
statute of limitations that otherwise may be applicable), and no
portion of the amount offered in compromise refunded, if either of
the following occurs:
(1) The board determines that any person did any of the following
acts regarding the making of the offer:
(A) Concealed from the board any property belonging to the estate
of any taxpayer or other person liable for the tax.
(B) Received, withheld, destroyed, mutilated, or falsified any
book, document, or record, or made any false statement, relating to
the estate or financial condition of the taxpayer or other person
liable for the tax.
(2) The taxpayer fails to comply with any of the terms and
conditions relative to the offer.
(n) Any person who, in connection with any offer or compromise
under this section, or offer of that compromise to enter into that
agreement, willfully does either of the following shall be guilty of
a felony and, upon conviction, shall be fined not more than fifty
thousand dollars ($50,000) or imprisoned in the state prison, or
both, together with the costs of investigation and prosecution:
(1) Conceals from any officer or employee of this state any
property belonging to the estate of a taxpayer or other person liable
in respect of the tax.
(2) Receives, withholds, destroys, mutilates, or falsifies any
book, document, or record, or makes any false statement, relating to
the estate or financial condition of the taxpayer or other person
liable in respect of the tax.
(o) For purposes of this section, "person" means the taxpayer, any
member of the taxpayer's family, any corporation, agent, fiduciary,
or representative of, or any other individual or entity acting on
behalf of, the taxpayer, or any other corporation or entity owned or
controlled by the taxpayer, directly or indirectly, or that owns or
controls the taxpayer, directly or indirectly.
(p) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 172. Section 7093.6 of the Revenue and Taxation Code, as
added by Section 1.5 of Chapter 222 of the Statutes of 2008, is
amended to read:
7093.6. (a) (1) The executive director and chief counsel of the
board, or their delegates, may compromise any final tax liability in
which the reduction of tax is seven thousand five hundred dollars
($7,500) or less.
(2) Except as provided in paragraph (3), the board, upon
recommendation by its executive director and chief counsel, jointly,
may compromise a final tax liability involving a reduction in tax in
excess of seven thousand five hundred dollars ($7,500). Any
recommendation for approval of an offer in compromise that is not
either approved or disapproved within 45 days of the submission of
the recommendation shall be deemed approved.
(3) The board, itself, may by resolution delegate to the executive
director and the chief counsel, jointly, the authority to compromise
a final tax liability in which the reduction of tax is in excess of
seven thousand five hundred dollars ($7,500), but less than ten
thousand dollars ($10,000).
(b) For purposes of this section, "a final tax liability" means
any final tax liability arising under Part 1 (commencing with Section
6001), Part 1.5 (commencing with Section 7200), Part 1.6 (commencing
with Section 7251), and Part 1.7 (commencing with Section 7280) or
related interest, additions to tax, penalties, or other amounts
assessed under this part.
(c) Offers in compromise shall be considered only for liabilities
that were generated from a business that has been discontinued or
transferred, where the taxpayer making the offer no longer has a
controlling interest or association with the transferred business or
has a controlling interest or association with a similar type of
business as the transferred or discontinued business.
(d) For amounts to be compromised under this section, the
following conditions shall exist:
(1) The taxpayer shall establish that:
(A) The amount offered in payment is the most that can be expected
to be paid or collected from the taxpayer's present assets or
income.
(B) The taxpayer does not have reasonable prospects of acquiring
increased income or assets that would enable the taxpayer to satisfy
a greater amount of the liability than the amount offered, within a
reasonable period of time.
(2) The board shall have determined that acceptance of the
compromise is in the best interest of the state.
(e) A determination by the board that it would not be in the best
interest of the state to accept an offer in compromise in
satisfaction of a final tax liability shall not be subject to
administrative appeal or judicial review.
(f) When an offer in compromise is either accepted or rejected, or
the terms and conditions of a compromise agreement are fulfilled,
the board shall notify the taxpayer in writing. In the event an offer
is rejected, the amount posted will either be applied to the
liability or refunded, at the discretion of the taxpayer.
(g) When more than one taxpayer is liable for the debt, such as
with spouses or partnerships or other business combinations, the
acceptance of an offer in compromise from one liable taxpayer shall
not relieve the other taxpayers from paying the entire liability.
However, the amount of the liability shall be reduced by the amount
of the accepted offer.
(h) Whenever a compromise of tax or penalties or total tax and
penalties in excess of five hundred dollars ($500) is approved, there
shall be placed on file for at least one year in the office of the
executive director of the board a public record with respect to that
compromise. The public record shall include all of the following
information:
(1) The name of the taxpayer.
(2) The amount of unpaid tax and related penalties, additions to
tax, interest, or other amounts involved.
(3) The amount offered.
(4) A summary of the reason why the compromise is in the best
interest of the state.
The public record shall not include any information that relates
to any trade secrets, patent, process, style of work, apparatus,
business secret, or organizational structure, that if disclosed,
would adversely affect the taxpayer or violate the confidentiality
provisions of Section 7056. No list shall be prepared and no releases
distributed by the board in connection with these statements.
(i) Any compromise made under this section may be rescinded, all
compromised liabilities may be reestablished (without regard to any
statute of limitations that otherwise may be applicable), and no
portion of the amount offered in compromise refunded, if either of
the following occurs:
(1) The board determines that any person did any of the following
acts regarding the making of the offer:
(A) Concealed from the board any property belonging to the estate
of any taxpayer or other person liable for the tax.
(B) Received, withheld, destroyed, mutilated, or falsified any
book, document, or record, or made any false statement, relating to
the estate or financial condition of the taxpayer or other person
liable for the tax.
(2) The taxpayer fails to comply with any of the terms and
conditions relative to the offer.
(j) Any person who, in connection with any offer or compromise
under this section, or offer of that compromise to enter into that
agreement, willfully does either of the following shall be guilty of
a felony and, upon conviction, shall be fined not more than fifty
thousand dollars ($50,000) or imprisoned in the state prison, or
both, together with the costs of investigation and prosecution:
(1) Conceals from any officer or employee of this state any
property belonging to the estate of a taxpayer or other person liable
in respect of the tax.
(2) Receives, withholds, destroys, mutilates, or falsifies any
book, document, or record, or makes any false statement, relating to
the estate or financial condition of the taxpayer or other person
liable in respect of the tax.
(k) For purposes of this section, "person" means the taxpayer, any
member of the taxpayer's family, any corporation, agent, fiduciary,
or representative of, or any other individual or entity acting on
behalf of, the taxpayer, or any other corporation or entity owned or
controlled by the taxpayer, directly or indirectly, or that owns or
controls the taxpayer, directly or indirectly.
(l) This section shall become operative on January 1, 2013.
SEC. 173. Section 18862 of the Revenue and Taxation Code is
amended to read:
18862. There is hereby created in the State Treasury the
California Cancer Research Fund to receive contributions made
pursuant to Section 18861. The Franchise Tax Board shall notify the
Controller of both the amount of money paid by taxpayers in excess of
their tax liability and the amount of refund money that taxpayers
have designated pursuant to Section 18861 to be transferred to the
California Cancer Research Fund. The Controller shall transfer from
the Personal Income Tax Fund to the California Cancer Research Fund
an amount not in excess of the sum of the amounts designated by
individuals pursuant to Section 18861 for payment into that fund.
SEC. 174. Section 19551.5 of the Revenue and Taxation Code is
amended to read:
19551.5. (a) Notwithstanding any other law, each city that
assesses a city business tax or requires a city business license
shall, upon the request of the Franchise Tax Board, annually submit
to the Franchise Tax Board the information that is collected in the
course of administration of the city's business tax program, as
described in subdivision (b).
(b) Information, collected in the course of administration of the
city's business tax program, shall be limited to the following:
(1) Name of the business, if the business is a corporation,
partnership, or limited liability company, or the owner's name if the
business is a sole proprietorship.
(2) Business mailing address.
(3) Federal employer identification number, if applicable, or the
business owner's social security number.
(4) Standard Industrial Classification (SIC) Code or North
American Industry Classification System (NAICS) Code.
(5) Business start date.
(6) Business cease date.
(7) City number.
(8) Ownership type.
(c) The reports required under this section shall be filed on
magnetic media such as tapes or compact discs, through a secure
electronic process, or in other machine-readable form, according to
standards prescribed by regulations promulgated by the Franchise Tax
Board.
(d) Cities that receive a request from the Franchise Tax Board
shall begin providing to the Franchise Tax Board the information
required by this section as soon as economically feasible, but no
later than December 31, 2009. The information shall be furnished
annually at a time and in the form that the Franchise Tax Board may
prescribe by regulation.
(e) The city data provided to the Franchise Tax Board under this
section is subject to Section 19542, and may not be used for any
purpose other than state tax enforcement or as otherwise authorized
by law.
(f) If a city enters into a reciprocal agreement with the
Franchise Tax Board pursuant to subdivision (a) of Section 19551.1,
the city shall also waive
reimbursement for costs incurred to provide information required
under this section and shall be precluded from obtaining
reimbursement as specified under Section 5 of Chapter 345 of the
Statutes of 2008. The reciprocal agreement shall specify that each
party shall bear its own costs to furnish the data involved in the
exchange authorized by Section 19551.1 and this section, and the
Franchise Tax Board shall be precluded from obtaining reimbursement
as specified under subdivision (c) of Section 19551.1.
(g) A city shall not be required to provide information to the
Franchise Tax Board pursuant to this section if the Franchise Tax
Board fails to provide tax information to the city pursuant to a
reciprocal agreement entered into pursuant to subdivision (a) of
Section 19551.1 for reasons other than concerns related to
confidentiality of tax information provided to the city.
(h) This section shall remain in effect through and including
December 31, 2013, and shall be repealed on January 1, 2014.
SEC. 175. Section 164.53 of the Streets and Highways Code is
amended to read:
164.53. (a) A local agency may request authorization from the
commission to make advance expenditures of funds, other than state or
federal funds, for a project which is included in the priority list
for the allocation of transit capital improvement funds pursuant to
Section 99317 of the Public Utilities Code, or is included in the
adopted state transportation improvement program, or is specifically
authorized by Chapter 3 (commencing with Section 99620) of Part 11.5
of Division 10 of the Public Utilities Code.
(b) If the commission approves a request submitted pursuant to
subdivision (a), the approved advance expenditures shall be
considered either part of the nonfederal share of project costs, or
part of the match from public or private sources, for projects which
are included in the transit capital improvement program pursuant to
Section 99317 of the Public Utilities Code, or included in the state
transportation improvement program, or which are authorized by
Chapter 3 (commencing with Section 99620) of Part 11.5 of Division 10
of the Public Utilities Code.
(c) The commission's approval of a request pursuant to subdivision
(b) does not, in and of itself, constitute an obligation to allocate
state funds for the project.
(d) The commission, in consultation with the department and local
transportation officials, shall develop and adopt guidelines to
implement this section. The guidelines shall include a requirement
that the advance expenditure of funds will result in the completion
of an operable segment of a transportation project. The acquisition
of right-of-way needed either for a usable urban or commuter rail
project or an operable segment of an urban or commuter rail project
meets that requirement.
(e) The commission shall prepare a report on the progress and
impact of the advance expenditure program authorized by this section
and shall include the report as an element of the annual report to
the Legislature required pursuant to Sections 14535 and 14536 of the
Government Code.
SEC. 176. Section 1967.10 of the Streets and Highways Code is
amended to read:
1967.10. Not later than three years and no sooner than one year
after the transportation management agency first collects revenues
from the congestion pricing fees authorized under Section 1967.5, the
authority shall conduct a public opinion survey regarding the
congestion pricing demonstration program and provide a report to the
Assembly Committee on Transportation and the Senate Committee on
Transportation and Housing on its findings, conclusions, and
recommendations concerning the congestion pricing demonstration
program authorized by this act. The report shall include an analysis
of the success of the congestion pricing demonstration program on
minimizing vehicle miles traveled and motor vehicle trips on the San
Francisco-Oakland Bay Bridge and increasing public transit use, as
well as an economic analysis of the program's impact on funding
public transportation improvements and operations.
SEC. 177. Section 30914 of the Streets and Highways Code is
amended to read:
30914. (a) In addition to any other authorized expenditures of
toll bridge revenues, the following major projects may be funded from
toll revenues of all bridges:
(1) Dumbarton Bridge: Improvement of the western approaches from
Route 101 if affected local governments are involved in the planning.
(2) San Mateo-Hayward Bridge and approaches: Widening of the
bridge to six lanes, construction of rail transit capital
improvements on the bridge structure, and improvements to the Route
92/Route 880 interchange.
(3) Construction of West Grand connector or an alternate project
designed to provide comparable benefit by reducing vehicular traffic
congestion on the eastern approaches to the San Francisco-Oakland Bay
Bridge. Affected local governments shall be involved in the
planning.
(4) Not less than 90 percent of the revenues determined by the
authority as derived from the toll increase approved in 1988 for
class I vehicles on the San Francisco-Oakland Bay Bridge authorized
by Section 30917 shall be used exclusively for rail transit capital
improvements designed to reduce vehicular traffic congestion on that
bridge. This amount shall be calculated as 21 percent of the revenue
generated each year by the collection of the base toll at the level
established by the 1988 increase on the San Francisco-Oakland Bay
Bridge.
(b) Notwithstanding any funding request for the transbay bus
terminal pursuant to Section 31015, the Metropolitan Transportation
Commission shall allocate toll bridge revenues in an annual amount
not to exceed three million dollars ($3,000,000), plus a 3.5-percent
annual increase, to the department or to the Transbay Joint Powers
Authority after the department transfers the title of the Transbay
Terminal Building to that entity, for operation and maintenance
expenditures. This allocation shall be payable from funds transferred
by the Bay Area Toll Authority. This transfer of funds is
subordinate to any obligations of the authority, now or hereafter
existing, having a statutory or first priority lien against the toll
bridge revenues. The first annual 3.5-percent increase shall be made
on July 1, 2004. The transfer is further subject to annual
certification by the department or the Transbay Joint Powers
Authority that the total Transbay Terminal Building operating revenue
is insufficient to pay the cost of operation and maintenance without
the requested funding.
(c) If the voters approve a toll increase in 2004 pursuant to
Section 30921, the authority shall, consistent with the provisions of
subdivisions (d) and (f), fund the projects described in this
subdivision and in subdivision (d) that shall collectively be known
as the Regional Traffic Relief Plan by bonding or transfers to the
Metropolitan Transportation Commission. These projects have been
determined to reduce congestion or to make improvements to travel in
the toll bridge corridors, from toll revenues of all bridges:
(1) BART/MUNI Connection at Embarcadero and Civic Center Stations.
Provide direct access from the BART platform to the MUNI platform at
the above stations and equip new fare gates that are TransLink
ready. Three million dollars ($3,000,000). The project sponsor is
BART.
(2) MUNI Metro Third Street Light Rail Line. Provide funding for
the surface and light rail transit and maintenance facility to
support MUNI Metro Third Street Light Rail service connecting to
Caltrain stations and the E-Line waterfront line. Thirty million
dollars ($30,000,000). The project sponsor is MUNI.
(3) MUNI Waterfront Historic Streetcar Expansion. Provide funding
to rehabilitate historic streetcars and construct trackage and
terminal facilities to support service from the Caltrain Terminal,
the Transbay Terminal, and the Ferry Building, and connecting the
Fisherman's Wharf and northern waterfront. Ten million dollars
($10,000,000). The project sponsor is MUNI.
(4) East to West Bay Commuter Rail Service over the Dumbarton Rail
Bridge. Provide funding for the necessary track and station
improvements and rolling stock to interconnect the BART and Capitol
Corridor at Union City with Caltrain service over the Dumbarton Rail
Bridge, and interconnect and provide track improvements for the ACE
line with the same Caltrain service at Centerville. Provide a new
station at Sun Microsystems in Menlo Park. One hundred thirty-five
million dollars ($135,000,000). The project is jointly sponsored by
the San Mateo County Transportation Authority, Capitol Corridor, the
Alameda County Congestion Management Agency, and the Alameda County
Transportation Improvement Authority.
(5) Vallejo Station. Construct intermodal transportation hub for
bus and ferry service, including parking structure, at site of
Vallejo's current ferry terminal. Twenty-eight million dollars
($28,000,000). The project sponsor is the City of Vallejo.
(6) Solano County Express Bus Intermodal Facilities. Provide
competitive grant fund source, to be administered by the Metropolitan
Transportation Commission. Eligible projects are Curtola Park and
Ride, Benicia Intermodal Facility, Fairfield Transportation Center,
and Vacaville Intermodal Station. Priority to be given to projects
that are fully funded, ready for construction, and serving transit
service that operates primarily on existing or fully funded
high-occupancy vehicle lanes. Twenty million dollars ($20,000,000).
The project sponsor is the Solano Transportation Authority.
(7) Solano County Corridor Improvements near Interstate
80/Interstate 680 Interchange. Provide funding for improved mobility
in corridor based on recommendations of joint study conducted by the
Department of Transportation and the Solano Transportation Authority.
Cost-effective transit infrastructure investment or service
identified in the study shall be considered a high priority. One
hundred million dollars ($100,000,000). The project sponsor is the
Solano Transportation Authority.
(8) Interstate 80: Eastbound High-Occupancy Vehicle (HOV) Lane
Extension from Route 4 to Carquinez Bridge. Construct HOV-lane
extension. Fifty million dollars ($50,000,000). The project sponsor
is the Department of Transportation.
(9) Richmond Parkway Transit Center. Construct parking structure
and associated improvements to expand bus capacity. Sixteen million
dollars ($16,000,000). The project sponsor is the Alameda-Contra
Costa Transit District, in coordination with West Contra Costa
Transportation Advisory Committee, Western Contra Costa Transit
Authority, City of Richmond, and the Department of Transportation.
(10) Sonoma-Marin Area Rail Transit District (SMART) Extension to
Larkspur or San Quentin. Extend rail line from San Rafael to a ferry
terminal at Larkspur or San Quentin. Thirty-five million dollars
($35,000,000). Up to five million dollars ($5,000,000) may be used to
study, in collaboration with the Water Transit Authority, the
potential use of San Quentin property as an intermodal water transit
terminal. The project sponsor is SMART.
(11) Greenbrae Interchange/Larkspur Ferry Access Improvements.
Provide enhanced regional and local access around the Greenbrae
Interchange to reduce traffic congestion and provide multimodal
access to the Richmond-San Rafael Bridge and Larkspur Ferry Terminal
by constructing a new full service diamond interchange at Wornum
Drive south of the Greenbrae Interchange, extending a multiuse
pathway from the new interchange at Wornum Drive to East Sir Francis
Drake Boulevard and the Cal Park Hill rail right-of-way, adding a new
lane to East Sir Francis Drake Boulevard and rehabilitating the Cal
Park Hill Rail Tunnel and right-of-way approaches for bicycle and
pedestrian access to connect the San Rafael Transit Center with the
Larkspur Ferry Terminal. Sixty-five million dollars ($65,000,000).
The project sponsor is the Marin County Congestion Management Agency.
(12) Direct High-Occupancy Vehicle (HOV) lane connector from
Interstate 680 to the Pleasant Hill or Walnut Creek BART stations or
in close proximity to either station or as an extension of the
southbound Interstate 680 High-Occupancy Vehicle Lane through the
Interstate 680/State Highway Route 4 interchange from North Main in
Walnut Creek to Livorna Road. The County Connection shall utilize up
to one million dollars ($1,000,000) of the funds described in this
paragraph to develop options and recommendations for providing
express bus service on the Interstate 680 High-Occupancy Vehicle Lane
south of the Benicia Bridge in order to connect to BART. Upon
completion of the plan, the Contra Costa Transportation Authority
shall adopt a preferred alternative provided by the County Connection
plan for future funding. Following adoption of the preferred
alternative, the remaining funds may be expended either to fund the
preferred alternative or to extend the high-occupancy vehicle lane as
described in this paragraph. Fifteen million dollars ($15,000,000).
The project is sponsored by the Contra Costa Transportation
Authority.
(13) Rail Extension to East Contra Costa/E-BART. Extend BART from
Pittsburg/Bay Point Station to Byron in East Contra Costa County.
Ninety-six million dollars ($96,000,000). Project funds may only be
used if the project is in compliance with adopted BART policies with
respect to appropriate land use zoning in vicinity of proposed
stations. The project is jointly sponsored by BART and the Contra
Costa Transportation Authority.
(14) Capitol Corridor Improvements in Interstate 80/Interstate 680
Corridor. Fund track and station improvements, including the Suisun
Third Main Track and new Fairfield Station. Twenty-five million
dollars ($25,000,000). The project sponsor is the Capitol Corridor
Joint Powers Authority and the Solano Transportation Authority.
(15) Central Contra Costa Bay Area Rapid Transit (BART) Crossover.
Add new track before Pleasant Hill BART Station to permit BART
trains to cross to return track towards San Francisco. Twenty-five
million dollars ($25,000,000). The project sponsor is BART.
(16) Benicia-Martinez Bridge: New Span. Provide partial funding
for completion of new five-lane span between Benicia and Martinez to
significantly increase capacity in the I-680 corridor. Fifty million
dollars ($50,000,000). The project sponsor is the Bay Area Toll
Authority.
(17) Regional Express Bus North. Competitive grant program for bus
service in Richmond-San Rafael Bridge, Carquinez, Benicia-Martinez,
and Antioch Bridge corridors. Provide funding for park and ride lots,
infrastructure improvements, and rolling stock. Eligible recipients
include the Golden Gate Bridge Highway and Transportation District,
Vallejo Transit, Napa VINE, Fairfield-Suisun Transit, Western Contra
Costa Transit Authority, Eastern Contra Costa Transit Authority, and
Central Contra Costa Transit Authority. The Golden Gate Bridge
Highway and Transportation District shall receive a minimum of one
million six hundred thousand dollars ($1,600,000). Napa VINE shall
receive a minimum of two million four hundred thousand dollars
($2,400,000). Twenty million dollars ($20,000,000). The project
sponsor is the Metropolitan Transportation Commission.
(18) TransLink. Integrate the bay area's regional smart card
technology, TransLink, with operator fare collection equipment and
expand system to new transit services. Twenty-two million dollars
($22,000,000). The project sponsor is the Metropolitan Transportation
Commission.
(19) Real-Time Transit Information. Provide a competitive grant
program for transit operators for assistance with implementation of
high-technology systems to provide real-time transit information to
riders at transit stops or via telephone, wireless, or Internet
communication. Priority shall be given to projects identified in the
commission's connectivity plan adopted pursuant to subdivision (d) of
Section 30914.5. Twenty million dollars ($20,000,000). The funds
shall be administered by the Metropolitan Transportation Commission.
(20) Safe Routes to Transit: Plan and construct bicycle and
pedestrian access improvements in close proximity to transit
facilities. Priority shall be given to those projects that best
provide access to regional transit services. Twenty-two million five
hundred thousand dollars ($22,500,000). City Car Share shall receive
two million five hundred thousand dollars ($2,500,000) to expand its
program within approximately one-quarter mile of transbay regional
transit terminals or stations. The City Car Share project is
sponsored by City Car Share and the Safe Routes to Transit project is
jointly sponsored by the East Bay Bicycle Coalition and the
Transportation and Land Use Coalition. These sponsors must identify a
public agency cosponsor for purposes of specific project fund
allocations.
(21) BART Tube Seismic Strengthening. Add seismic capacity to
existing BART tube connecting the East Bay with San Francisco. One
hundred forty-three million dollars ($143,000,000). The project
sponsor is BART.
(22) Transbay Terminal/Downtown Caltrain Extension. A new Transbay
Terminal at First and Mission Streets in San Francisco providing
added capacity for transbay, regional, local, and intercity bus
services, the extension of Caltrain rail services into the terminal,
and accommodation of a future high-speed passenger rail line to the
terminal and eventual rail connection to the east bay. Eligible
expenses include project planning, design and engineering,
construction of a new terminal and its associated ramps and tunnels,
demolition of existing structures, design and development of a
temporary terminal, property and right-of-way acquisitions required
for the project, and associated project-related administrative
expenses. A bus- and train-ready terminal facility, including
purchase and acquisition of necessary rights-of-way for the terminal,
ramps, and rail extension, is the first priority for toll funds for
the Transbay Terminal/Downtown Caltrain Extension Project. The
temporary terminal operation shall not exceed five years. One hundred
fifty million dollars ($150,000,000). The project sponsor is the
Transbay Joint Powers Authority.
(23) Oakland Airport Connector. New transit connection to link
BART, Capitol Corridor, and AC Transit with Oakland Airport. The Port
of Oakland shall provide a full funding plan for the connector.
Thirty million dollars ($30,000,000). The project sponsors are the
Port of Oakland and BART.
(24) AC Transit Enhanced Bus-Phase 1 on Telegraph Avenue,
International Boulevard, and East 14th Street (Berkeley-Oakland-San
Leandro). Develop enhanced bus service on these corridors, including
bus bulbs, signal prioritization, new buses, and other improvements.
Priority of investment shall improve the AC connection to BART on
these corridors. Sixty-five million dollars ($65,000,000). The
project sponsor is AC Transit.
(25) Transbay Commute Ferry Service. Purchase two vessels for
transbay ferry services. Second vessel funds to be released upon
demonstration of appropriate terminal locations, new transit-oriented
development, adequate parking, and sufficient landside feeder
connections to support ridership projections. Twelve million dollars
($12,000,000). The project sponsor is San Francisco Bay Area Water
Emergency Transportation Authority. If the San Francisco Bay Area
Water Emergency Transportation Authority demonstrates to the
Metropolitan Transportation Commission that it has secured
alternative funding for the two vessel purchases described in this
paragraph, the funds may be used for terminal improvements or for
consolidation of existing ferry operations.
(26) Commute Ferry Service for Berkeley/Albany. Purchase two
vessels for ferry services between the Berkeley/Albany Terminal and
San Francisco. Parking access and landside feeder connections must be
sufficient to support ridership projections. Twelve million dollars
($12,000,000). The project sponsor is the San Francisco Bay Area
Water Emergency Transportation Authority. If the San Francisco Bay
Area Water Emergency Transportation Authority demonstrates to the
Metropolitan Transportation Commission that it has secured
alternative funding for the two vessel purchases described in this
paragraph, the funds may be used for terminal improvements. If the
San Francisco Bay Area Water Emergency Transportation Authority does
not have an entitled terminal site within the Berkeley/Albany
catchment area by 2010 that meets its requirements, the funds
described in this paragraph and the operating funds described in
paragraph (7) of subdivision (d) shall be transferred to another site
in the East Bay. The City of Richmond shall be given first priority
to receive this transfer of funds if it has met the planning
milestones identified in its special study developed pursuant to
paragraph (28).
(27) Commute Ferry Service for South San Francisco. Purchase two
vessels for ferry services to the Peninsula. Parking access and
landside feeder connections must be sufficient to support ridership
projections. Twelve million dollars ($12,000,000). The project
sponsor is the San Francisco Bay Area Water Emergency Transportation
Authority. If the San Francisco Bay Area Water Emergency
Transportation Authority demonstrates to the Metropolitan
Transportation Commission that it has secured alternative funding for
the two vessel purchases described in this paragraph, the funds may
be used for terminal improvements.
(28) Water Transit Facility Improvements, Spare Vessels, and
Environmental Review Costs. Provide two backup vessels for water
transit services, expand berthing capacity at the Port of San
Francisco, and expand environmental studies and design for eligible
locations. Forty-eight million dollars ($48,000,000). The project
sponsor is the San Francisco Bay Area Water Emergency Transportation
Authority. Up to one million dollars ($1,000,000) of the funds
described in this paragraph shall be made available for the San
Francisco Bay Area Water Emergency Transportation Authority to study
accelerating development and other milestones that would potentially
increase ridership at the City of Richmond ferry terminal.
(29) Regional Express Bus Service for San Mateo, Dumbarton, and
Bay Bridge Corridors. Expand park and ride lots, improve HOV access,
construct ramp improvements, and purchase rolling stock. Twenty-two
million dollars ($22,000,000). The project sponsors are AC Transit
and Alameda County Congestion Management Agency.
(30) I-880 North Safety Improvements. Reconfigure various ramps on
I-880 and provide appropriate mitigations between 29th Avenue and
16th Avenue. Ten million dollars ($10,000,000). The project sponsors
are the Alameda County Congestion Management Agency, City of Oakland,
and Department of Transportation.
(31) BART Warm Springs Extension. Extension of the existing BART
system from Fremont to Warm Springs in southern Alameda County.
Ninety-five million dollars ($95,000,000). Up to ten million dollars
($10,000,000) shall be used for grade separation work in the City of
Fremont necessary to extend BART. The project would facilitate a
future rail service extension to the Silicon Valley. The project
sponsor is BART.
(32) I-580 (Tri Valley) Rapid Transit Corridor Improvements.
Provide rail or High-Occupancy Vehicle lane direct connector to
Dublin BART and other improvements on I-580 in Alameda County for use
by express buses. Sixty-five million dollars ($65,000,000). The
project sponsor is the Alameda County Congestion Management Agency.
(33) Regional Rail Master Plan. Provide planning funds for
integrated regional rail study pursuant to subdivision (f) of Section
30914.5. Six million five hundred thousand dollars ($6,500,000). The
project sponsors are Caltrain and BART.
(34) Integrated Fare Structure Program. Provide planning funds for
the development of zonal monthly transit passes pursuant to
subdivision (e) of Section 30914.5. One million five hundred thousand
dollars ($1,500,000). The project sponsor is the Translink
Consortium.
(35) Transit Commuter Benefits Promotion. Marketing program to
promote tax-saving opportunities for employers and employees as
specified in Section 132(f)(3) or 162(a) of the Internal Revenue
Code. Goal is to increase the participation rate of employers
offering employees a tax-free benefit to commute to work by transit.
The project sponsor is the Metropolitan Transportation Commission.
Five million dollars ($5,000,000).
(36) Caldecott Tunnel Improvements. Provide funds to plan and
construct a fourth bore at the Caldecott Tunnel between Contra Costa
and Alameda Counties. The fourth bore will be a two-lane bore with a
shoulder or shoulders north of the current three bores. The County
Connection shall study all feasible alternatives to increase transit
capacity in the westbound corridor of State Highway Route 24 between
State Highway Route 680 and the Caldecott Tunnel, including the study
of the use of an express lane, high-occupancy vehicle lane, and an
auxiliary lane. The cost of the study shall not exceed five hundred
thousand dollars ($500,000) and shall be completed not later than
January 15, 2006. Fifty million five hundred thousand dollars
($50,500,000). The project sponsor is the Contra Costa Transportation
Authority.
(d) Not more than 38 percent of the revenues generated from the
toll increase shall be made available annually for the purpose of
providing operating assistance for transit services as set forth in
the authority's annual budget resolution. The funds shall be made
available to the provider of the transit services subject to the
performance measures described in Section 30914.5. If the funds
cannot be obligated for operating assistance consistent with the
performance measures, these funds shall be obligated for other
operations consistent with this chapter.
Except for operating programs that do not have planned funding
increases and subject to the 38-percent limit on total operating cost
funding in any single year, following the first year of scheduled
operations, an escalation factor, not to exceed 1.5 percent per year,
shall be added to the operating cost funding through the 2015-16
fiscal year, to partially offset increased operating costs. The
escalation factors shall be contained in the operating agreements
described in Section 30914.5. Subject to the limitations of this
paragraph, the Metropolitan Transportation Commission may annually
fund the following operating programs as another component of the
Regional Traffic Relief Plan:
(1) Golden Gate Express Bus Service over the Richmond
Bridge (Route 40). Two million one hundred thousand dollars
($2,100,000).
(2) Napa VINE Service terminating at the Vallejo Intermodal
Terminal. Three hundred ninety thousand dollars ($390,000).
(3) Regional Express Bus North Pool serving the Carquinez and
Benicia Bridge Corridors. Three million four hundred thousand dollars
($3,400,000).
(4) Regional Express Bus South Pool serving the Bay Bridge, San
Mateo Bridge, and Dumbarton Bridge Corridors. Six million five
hundred thousand dollars ($6,500,000).
(5) Dumbarton Rail. Five million five hundred thousand dollars
($5,500,000).
(6) San Francisco Bay Area Water Emergency Transportation
Authority, Alameda/Oakland/Harbor Bay, Berkeley/Albany, South San
Francisco, Vallejo, or other transbay ferry service. A portion of the
operating funds may be dedicated to landside transit operations.
Fifteen million three hundred thousand dollars ($15,300,000). Funds
historically made available to the City of Vallejo or the City of
Alameda shall continue to be allocated to those cities until the date
specified in the adopted transition plan developed by the San
Francisco Bay Area Water Emergency Transportation Authority pursuant
to subdivision (b) of Section 66540.32 of the Government Code. The
authority may use up to six hundred thousand dollars ($600,000) to
support development of the transition plan and for transition-related
costs, including, but not limited to, reasonable administrative
costs incurred by the authority and transferring agencies on or after
July 1, 2008, in accordance with subdivision (e) of Section 66540.11
of the Government Code, upon a determination by the Metropolitan
Transportation Commission that these costs are reasonable and
substantially the result of the transition. After adoption of the
transition plan and after formal agreement by the Cities of Alameda
and Vallejo to transition their ferry services to the authority in
accordance with the transition plan, the authority may use additional
funds, above the limits previously referenced in this paragraph, for
transition and transition-related activities, incurred before or
after the actual transfer of services, as specified in the transition
plan and approved by the Metropolitan Transportation Commission. The
authority may utilize funds from this section for operation of the
services transferred from the City of Vallejo or the City of Alameda
if approved by the Metropolitan Transportation Commission.
(7) Owl Bus Service on BART Corridor. One million eight hundred
thousand dollars ($1,800,000).
(8) MUNI Metro Third Street Light Rail Line. Two million five
hundred thousand dollars ($2,500,000) without escalation.
(9) AC Transit Enhanced Bus Service on Telegraph Avenue,
International Boulevard, and East 14th Street in Berkeley-Oakland-San
Leandro. Three million dollars ($3,000,000) without escalation.
(10) TransLink, three-year operating program. Twenty million
dollars ($20,000,000) without escalation.
(11) San Francisco Bay Area Water Emergency Transportation
Authority, regional planning and operations. Three million dollars
($3,000,000) without escalation.
(e) For all projects authorized under subdivision (c), the project
sponsor shall submit an initial project report to the Metropolitan
Transportation Commission before July 1, 2004. This report shall
include all information required to describe the project in detail,
including the status of any environmental documents relevant to the
project, additional funds required to fully fund the project, the
amount, if any, of funds expended to date, and a summary of any
impediments to the completion of the project. This report, or an
updated report, shall include a detailed financial plan and shall
notify the commission if the project sponsor will request toll
revenue within the subsequent 12 months. The project sponsor shall
update this report as needed or requested by the commission. No funds
shall be allocated by the commission for any project authorized by
subdivision (c) until the project sponsor submits the initial project
report, and the report is reviewed and approved by the commission.
If multiple project sponsors are listed for projects listed in
subdivision (c), the commission shall identify a lead sponsor in
coordination with all identified sponsors, for purposes of allocating
funds. For any projects authorized under subdivision (c), the
commission shall have the option of requiring a memorandum of
understanding between itself and the project sponsor or sponsors that
shall include any specific requirements that must be met prior to
the allocation of funds provided under subdivision (c).
(f) The Metropolitan Transportation Commission shall annually
assess the status of programs and projects and shall allocate a
portion of funding made available under Section 30921 or 30958 for
public information and advertising to support the services and
projects identified in subdivisions (c) and (d). If a program or
project identified in subdivision (c) has cost savings after
completion, taking into account construction costs and an estimate of
future settlement claims, or cannot be completed or cannot continue
due to delivery or financing obstacles making the completion or
continuation of the program or project unrealistic, the commission
shall consult with the program or project sponsor. After consulting
with the sponsor, the commission shall hold a public hearing
concerning the program or project. After the hearing, the commission
may vote to modify the program or the project's scope, decrease its
level of funding, or reassign some or all of the funds to another
project within the same bridge corridor. If a program or project
identified in subdivision (c) is to be implemented with other funds
not derived from tolls, the commission shall follow the same
consultation and hearing process described above and may vote
thereafter to reassign the funds to another project consistent with
the intent of this chapter. If an operating program or project as
identified in subdivision (d) cannot achieve its performance
objectives described in subdivision (a) of Section 30914.5 or cannot
continue due to delivery or financing obstacles making the completion
or continuation of the program or project unrealistic, the
commission shall consult with the program or the project sponsor.
After consulting with the sponsor, the commission shall hold a public
hearing concerning the program or project. After the hearing, the
commission may vote to modify the program or the project's scope,
decrease its level of funding, or to reassign some or all of the
funds to another or an additional regional transit program or project
within the same corridor. If a program or project does not meet the
required performance measures, the commission shall give the sponsor
a time certain to achieve the performance measures before reassigning
its funding.
(g) If the voters approve a toll increase pursuant to Section
30921, the authority shall within 24 months of the election date
include the projects in a long-range plan that are consistent with
the commission's findings required by this section and Section
30914.5. The authority shall update its long-range plan as required
to maintain its viability as a strategic plan for funding projects
authorized by this section. The authority shall by January 1, 2007,
submit its updated long-range plan to the transportation policy
committee of each house of the Legislature for review.
(h) If the voters approve a toll increase pursuant to Section
30921, and if additional funds from this toll increase are available
following the funding obligations of subdivisions (c) and (d), the
authority may set aside a reserve to fund future rolling stock
replacement to enhance the sustainability of the services enumerated
in subdivision (d). The authority shall, by January 1, 2020, submit a
20-year toll bridge expenditure plan to the Legislature for
adoption. This expenditure plan shall have, as its highest priority,
replacement of transit vehicles purchased pursuant to subdivision
(c).
SEC. 178. Section 1808.4 of the Vehicle Code is amended to read:
1808.4. (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
(8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child
protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
(13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
(23) A state employee in one of the following classifications:
(A) Licensing Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security
Officer.
(24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
(c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
(2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer.
(4) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff's
office, or the spouses or children of these persons is a felony.
SEC. 179. Section 4156 of the Vehicle Code is amended to read:
4156. (a) Notwithstanding any other provision of this code, and
except as provided in subdivision (b), the department in its
discretion may issue a temporary permit to operate a vehicle when a
payment of fees has been accepted in an amount to be determined by,
and paid to the department, by the owner or other person in lawful
possession of the vehicle. The permit shall be subject to the terms
and conditions, and shall be valid for the period of time, that the
department shall deem appropriate under the circumstances.
(b) (1) The department shall not issue a temporary permit pursuant
to subdivision (a) to operate a vehicle for which a certificate of
compliance is required pursuant to Section 4000.3, and for which that
certificate of compliance has not been issued, unless the department
is presented with sufficient evidence, as determined by the
department, that the vehicle has failed its most recent smog check
inspection.
(2) Not more than one temporary permit may be issued pursuant to
this subdivision to a vehicle owner in a two-year period.
(3) A temporary permit issued pursuant to paragraph (1) is valid
for either 60 days after the expiration of the registration of the
vehicle or 60 days after the date that vehicle is removed from
nonoperation, whichever is applicable at the time that the temporary
permit is issued.
(4) A temporary permit issued pursuant to paragraph (1) is subject
to Section 9257.5.
SEC. 180. Section 22651 of the Vehicle Code is amended to read:
22651. A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or a
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under the following
circumstances:
(a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle was embezzled.
(d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.
(e) When a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant and it is impracticable to
move the vehicle from in front of the fire hydrant to another point
on the highway.
(f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
(g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
(h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
(i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
(m) Wherever the use of the highway, or a portion of the highway,
is authorized by a local authority for a purpose other than the
normal flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
(n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle shall not be
removed unless signs are posted giving notice of the removal.
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
(A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
(B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
(C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
(2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3) For the purposes of this subdivision, the vehicle shall be
released to the owner or person in control of the vehicle only after
the owner or person furnishes the storing law enforcement agency with
proof of current registration and a currently valid driver's license
to operate the vehicle.
(4) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(q) Whenever a vehicle is parked for more than 24 hours on a
portion of highway that is located within the boundaries of a common
interest development, as
defined in subdivision (c) of Section 1351 of the Civil Code, and
signs, as required by paragraph (1) of subdivision (a) of Section
22658 of this code, have been posted on that portion of highway
providing notice to drivers that vehicles parked thereon for more
than 24 hours will be removed at the owner's expense, pursuant to a
resolution or ordinance adopted by the local authority.
(r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) Notwithstanding paragraph (1), when a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
(3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
(u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.
SEC. 181. Section 26708 of the Vehicle Code is amended to read:
26708. (a) (1) A person shall not drive any motor vehicle with
any object or material placed, displayed, installed, affixed, or
applied upon the windshield or side or rear windows.
(2) A person shall not drive any motor vehicle with any object or
material placed, displayed, installed, affixed, or applied in or upon
the vehicle that obstructs or reduces the driver's clear view
through the windshield or side windows.
(3) This subdivision applies to a person driving a motor vehicle
with the driver's clear vision through the windshield, or side or
rear windows, obstructed by snow or ice.
(b) This section does not apply to any of the following:
(1) Rearview mirrors.
(2) Adjustable nontransparent sunvisors that are mounted forward
of the side windows and are not attached to the glass.
(3) Signs, stickers, or other materials that are displayed in a
7-inch square in the lower corner of the windshield farthest removed
from the driver, signs, stickers, or other materials that are
displayed in a 7-inch square in the lower corner of the rear window
farthest removed from the driver, or signs, stickers, or other
materials that are displayed in a 5-inch square in the lower corner
of the windshield nearest the driver.
(4) Side windows that are to the rear of the driver.
(5) Direction, destination, or terminus signs upon a passenger
common carrier motor vehicle or a schoolbus, if those signs do not
interfere with the driver's clear view of approaching traffic.
(6) Rear window wiper motor.
(7) Rear trunk lid handle or hinges.
(8) The rear window or windows, if the motor vehicle is equipped
with outside mirrors on both the left- and right-hand sides of the
vehicle that are so located as to reflect to the driver a view of the
highway through each mirror for a distance of at least 200 feet to
the rear of the vehicle.
(9) A clear, transparent lens affixed to the side window opposite
the driver on a vehicle greater than 80 inches in width and that
occupies an area not exceeding 50 square inches of the lowest corner
toward the rear of that window and that provides the driver with a
wide-angle view through the lens.
(10) Sun screening devices meeting the requirements of Section
26708.2 installed on the side windows on either side of the vehicle's
front seat, if the driver or a passenger in the front seat has in
his or her possession a letter or other document signed by a licensed
physician and surgeon certifying that the person must be shaded from
the sun due to a medical condition, or has in his or her possession
a letter or other document signed by a licensed optometrist
certifying that the person must be shaded from the sun due to a
visual condition. The devices authorized by this paragraph shall not
be used during darkness.
(11) An electronic communication device affixed to the center
uppermost portion of the interior of a windshield within an area that
is not greater than 5 inches square, if the device provides either
of the following:
(A) The capability for enforcement facilities of the Department of
the California Highway Patrol to communicate with a vehicle equipped
with the device.
(B) The capability for electronic toll and traffic management on
public or private roads or facilities.
(12) A portable Global Positioning System (GPS), which may be
mounted in a 7-inch square in the lower corner of the windshield
farthest removed from the driver or in a 5-inch square in the lower
corner of the windshield nearest to the driver and outside of an
airbag deployment zone, if the system is used only for door-to-door
navigation while the motor vehicle is being operated.
(c) Notwithstanding subdivision (a), transparent material may be
installed, affixed, or applied to the topmost portion of the
windshield if the following conditions apply:
(1) The bottom edge of the material is at least 29 inches above
the undepressed driver's seat when measured from a point 5 inches in
front of the bottom of the backrest with the driver's seat in its
rearmost and lowermost position with the vehicle on a level surface.
(2) The material is not red or amber in color.
(3) There is no opaque lettering on the material and any other
lettering does not affect primary colors or distort vision through
the windshield.
(4) The material does not reflect sunlight or headlight glare into
the eyes of occupants of oncoming or following vehicles to any
greater extent than the windshield without the material.
(d) Notwithstanding subdivision (a), clear, colorless, and
transparent material may be installed, affixed, or applied to the
front side windows, located to the immediate left and right of the
front seat if the following conditions are met:
(1) The material has a minimum visible light transmittance of 88
percent.
(2) The window glazing with the material applied meets all
requirements of Federal Motor Vehicle Safety Standard No. 205 (49
C.F.R. 571.205), including the specified minimum light transmittance
of 70 percent and the abrasion resistance of AS-14 glazing, as
specified in that federal standard.
(3) The material is designed and manufactured to enhance the
ability of the existing window glass to block the sun's harmful
ultraviolet A rays.
(4) The driver has in his or her possession, or within the
vehicle, a certificate signed by the installing company certifying
that the windows with the material installed meet the requirements of
this subdivision and the certificate identifies the installing
company and the material's manufacturer by full name and street
address, or, if the material was installed by the vehicle owner, a
certificate signed by the material's manufacturer certifying that the
windows with the material installed according to manufacturer's
instructions meet the requirements of this subdivision and the
certificate identifies the material's manufacturer by full name and
street address.
(5) If the material described in this subdivision tears or
bubbles, or is otherwise worn to prohibit clear vision, it shall be
removed or replaced.
SEC. 182. Section 35521 of the Water Code is amended to read:
35521. (a) Notwithstanding any other provision of law, the Hot
Spring Valley Irrigation District in the County of Modoc is
dissolved, and the Hot Spring Valley Water District is hereby formed
in that county.
(b) The Hot Spring Valley Water District is declared to be, and
shall be deemed, a water district as if the district had been formed
pursuant to this division. The exterior boundary of the Hot Spring
Valley Water District shall be the exterior boundary of the former
Hot Spring Valley Irrigation District.
(c) The Hot Spring Valley Water District succeeds to, and is
vested with, all of the powers, duties, responsibilities,
obligations, liabilities, and jurisdiction of the former Hot Spring
Valley Irrigation District.
(d) The status, position, and rights of any officer or employee of
the former Hot Spring Valley Irrigation District shall not be
affected by the transfer and shall be retained by the person as an
officer or employee of the Hot Spring Valley Water District.
(e) The Hot Spring Valley Water District shall have ownership,
possession, and control of all of the books, records, papers,
offices, equipment, supplies, moneys, funds, appropriations,
licenses, permits, entitlements, agreements, contracts, claims,
judgments, land, and other assets and property, real or personal,
owned or leased by, connected with the administration of, or held for
the benefit or use of the former Hot Spring Valley Irrigation
District.
(f) The unexpended balance of any funds available for use by the
former Hot Spring Valley Irrigation District shall be available for
use by the Hot Spring Valley Water District.
(g) No payment for the use, or right of use, of any property, real
or personal, acquired or constructed by the former Hot Spring Valley
Irrigation District shall be required by reason of the succession
pursuant to this act, nor shall any payment for the Hot Spring Valley
Water District's acquisition of the powers, duties,
responsibilities, obligations, liabilities, and jurisdiction be
required by reason of that succession.
(h) All ordinances, rules, and regulations adopted by the former
Hot Spring Valley Irrigation District in effect immediately preceding
January 1, 2009, shall remain in effect and shall be fully
enforceable unless readopted, amended, or repealed by the Hot Spring
Valley Water District, or until they expire by their own terms. Any
statute, law, rule, or regulation now in force, or that may hereafter
be enacted or adopted with reference to the former Hot Spring Valley
Irrigation District, shall mean the Hot Spring Valley Water
District.
(i) Any action by or against the former Hot Spring Valley
Irrigation District shall not abate, but shall continue in the name
of the Hot Spring Valley Water District, and the Hot Spring Valley
Water District shall be substituted for the former Hot Spring Valley
Irrigation District by the court in which the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
(j) No contract, lease, license, permit, entitlement, bond, or any
other agreement to which the former Hot Spring Valley Irrigation
District is a party shall be void or voidable by reason of this act,
but shall continue in effect, with the Hot Spring Valley Water
District assuming all of the rights, obligations, liabilities, and
duties of the former Hot Spring Valley Irrigation District. Bonds
issued by the former Hot Spring Valley Irrigation District shall
become the indebtedness of the Hot Spring Valley Water District. Any
continuing obligations or responsibilities of the former Hot Spring
Valley Irrigation District for managing and maintaining bond
issuances shall be transferred to the Hot Spring Valley Water
District without impairment to any security contained in the bond
instrument.
(k) (1) Notwithstanding Section 35003, each voter, as defined by
Section 34027, of the Hot Spring Valley Water District shall be
entitled to cast only one vote, regardless of the value, acreage, or
number of parcels of the voter's land within the district.
(2) Voting in the Hot Spring Valley Water District shall be by
electoral divisions in accordance with Article 2 (commencing with
Section 35025) of Chapter 1 of Part 4. The Hot Spring Valley Water
District shall be divided into the same electoral divisions, with the
same division boundaries, as those established within the former Hot
Spring Valley Irrigation District. Members of the former Hot Spring
Valley Irrigation District Board of Directors who are serving on
January 1, 2009, may continue to serve the balance of their current
terms of office, representing the same electoral divisions, as
members of the Board of Directors of the Hot Spring Valley Water
District.
SEC. 183. Section 79441 of the Water Code is amended to read:
79441. (a) The department, the Department of Fish and Game, and
the United States Army Corps of Engineers are the implementing
agencies for the levee program element.
(b) The state board, the United States Environmental Protection
Agency, and the State Department of Public Health are the
implementing agencies for the water quality program element.
(c) The Department of Fish and Game, the United States Fish and
Wildlife Service, and the United States National Marine Fisheries
Service are the implementing agencies for the ecosystem restoration
program element. If interests in land, water, or other real property
are acquired, those interests shall be acquired from willing sellers
by means of entering into voluntary agreements.
(d) The department and the United States Bureau of Reclamation are
the implementing agencies for the water supply reliability, storage,
and conveyance elements of the program.
(e) The department, the state board, and the United States Bureau
of Reclamation are the implementing agencies for the water use
efficiency and water transfer program elements.
(f) The Natural Resources Agency, the state board, the department,
the Department of Fish and Game, the Department of Conservation, the
United States Natural Resources Conservation Service, the United
States Environmental Protection Agency, and the United States Fish
and Wildlife Service are the implementing agencies for the watershed
program element.
(g) The Natural Resources Agency is the implementing agency for
the science program element.
(h) The department, the Department of Fish and Game, the United
States Bureau of Reclamation, the United States Fish and Wildlife
Service, and the United States National Marine Fisheries Service are
the implementing agencies for the environmental water account program
element.
SEC. 184. Section 83002 of the Water Code is amended to read:
83002. The sum of eight hundred twenty million nine hundred
seventy-three thousand dollars ($820,973,000) is hereby appropriated
in accordance with the following schedule:
(a) Of the funds made available pursuant to Chapter 1.699
(commencing with Section 5096.800) of Division 5 of the Public
Resources Code, the sum of two hundred eighty-five million dollars
($285,000,000) is hereby appropriated as follows:
(1) Pursuant to subdivision (c) of Section 5096.821 of the Public
Resources Code, the sum of one hundred thirty-five million dollars
($135,000,000) to the department for the acquisition, design, and
construction of essential emergency preparedness supplies and
projects. Prior to the design or construction of any project funded
pursuant to this paragraph, the California Bay-Delta Authority, or
its successor, shall approve the specific project or program.
Preference shall be given to projects that protect and improve Delta
water quality and drinking water supplies. Of the amount made
available pursuant to this paragraph, not less than thirty-five
million dollars ($35,000,000) shall be expended by the department for
projects to reinforce those sections of the levees that have the
highest potential to suffer breaches or failure and cause harm to
municipal and industrial water supply aqueducts that cross the Delta
and which are vulnerable to flood damage, including the installation
of scour protection on the supports of the aqueducts in those areas
located adjacent to the sections of the levees that have been
identified as the highest risk of breaches or failure.
(2) Pursuant to Section 5096.827 of the Public Resources Code, the
sum of one hundred fifty million dollars ($150,000,000) to the
department for grants for stormwater flood management projects that
reduce flood damage and provide other benefits, including groundwater
recharge, water quality improvement, and ecosystem restoration. Not
less than one hundred million dollars ($100,000,000) of this amount
shall be available for projects that address immediate public health
and safety needs and strengthen existing flood control facilities to
address seismic safety issues. Twenty million dollars ($20,000,000)
shall be available for local agencies to meet immediate water quality
needs related to combined municipal sewer and stormwater systems to
prevent sewage discharges into state waters. Twenty million dollars
($20,000,000) shall be available for urban stream stormwater flood
management projects to reduce the frequency and impacts of flooding
in watersheds that drain to the San Francisco Bay.
(b) Of the funds made available pursuant to Division 43
(commencing with Section 75001) of the Public Resources Code, the sum
of five hundred twenty-six million four hundred ninety-one thousand
dollars ($526,491,000) is hereby appropriated as follows:
(1) Pursuant to Section 75022 of the Public Resources Code, the
sum of fifty million dollars ($50,000,000) to the State Department of
Public Health for grants for small community drinking water system
infrastructure improvements and related action to meet safe drinking
water standards. First priority for these funds shall be given to
disadvantaged or severely disadvantaged communities lacking resources
to provide safe drinking water to residents. Small community
drinking water systems that are dependent on surface water and are
under orders from the State Department of Public Health to boil water
from existing treatment systems for parasites, viruses, or giardia
shall be eligible for grants for drinking water system infrastructure
improvements.
(2) Pursuant to Section 75025 of the Public Resources Code, the
sum of fifty million four hundred thousand dollars ($50,400,000) to
the State Department of Public Health for grants for projects to
prevent or reduce the contamination of groundwater that serves as a
source of drinking water. Funds appropriated by this paragraph shall
be available for immediate projects needed to protect public health
by preventing or reducing the contamination of groundwater that
serves as a major source of drinking water for a community.
(A) The State Department of Public Health shall prioritize project
funding based on the following criteria:
(i) The threat posed by groundwater contamination to the affected
community's overall drinking water supplies, including the need for
the treatment or construction of alternative supplies if groundwater
is not available due to contamination.
(ii) The potential for groundwater contamination to spread and
reduce drinking water supply and water storage capacity for major
population areas.
(iii) The potential of the project, if fully implemented, to
enhance local water supply reliability.
(iv) The potential of the project to increase opportunities for
groundwater recharge and optimization of groundwater supplies.
(B) The State Department of Public Health shall give additional
consideration to projects that meet any of the following criteria:
(i) The project is implemented pursuant to a comprehensive
basinwide groundwater quality management and remediation plan or is
necessary to develop a comprehensive groundwater plan.
(ii) Affected groundwater provides a local supply that, if
contaminated, will require the importation of additional water from
the Sacramento-San Joaquin Delta or the Colorado River.
(iii) The project will serve an economically disadvantaged
community.
(iv) Multiple contaminants affect more than one-third of the well
capacity of a local water system.
(C) Of the amount made available by this paragraph, up to ten
million dollars ($10,000,000) shall be allocated for projects that
meet the criteria of this paragraph and both of the following
criteria:
(i) The project has the potential to leverage funds.
(ii) The project addresses contamination at a site on the list
maintained by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code or a site listed on the
National Priorities List pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(D) Of the funds made available by this paragraph, two million
dollars ($2,000,000) shall be allocated to the State Department of
Public Health to contract with the State Water Resources Control
Board for the purposes of Section 83002.5.
(3) (A) Pursuant to Section 75026 of the Public Resources Code,
the sum of one hundred eighty-one million seven hundred ninety-one
thousand dollars ($181,791,000) to the department for integrated
regional water management activities as follows:
(i) One hundred million dollars ($100,000,000) for implementation
grants.
(ii) Thirty-nine million dollars ($39,000,000) for planning
grants, local groundwater assistance grants, and CALFED scientific
research grants.
(iii) Twenty-two million ninety-one thousand dollars ($22,091,000)
for projects with interregional or statewide benefits.
Of the amount made available pursuant to this paragraph, not less
than ten million dollars ($10,000,000) shall be made available for
expenditure to interconnect municipal and industrial water supply
aqueducts that cross the Delta and that are vulnerable to flood
damage, including the design and construction of interties among
aqueducts that provide at least 90 percent of a regional water supply
that would be threatened in the event of levee failure or other
disaster, and that support an integrated regional emergency water
supply system.
(iv) Twenty million seven hundred thousand dollars ($20,700,000)
for program delivery costs.
(B) An implementation grant pursuant to clause (i) of subparagraph
(A) shall be available only for projects included in an integrated
regional water management plan that meets one of the following
conditions:
(i) The plan complies with Part 2.2 (commencing with Section
10530) of Division 6.
(ii) For a plan adopted before the date on which this section is
enacted, both of the following apply:
(I) The regional water management group that prepared the plan
enters into a binding agreement with the department to update the
plan to comply with Part 2.2 (commencing with Section 10530) of
Division 6 within two years of the date on which the agreement was
entered into.
(II) The regional water management group undertakes all reasonable
and feasible efforts to take into account water-related needs of
disadvantaged communities in the area within the boundaries of the
plan.
(C) Of the funds described in clauses (i) and (ii) of subparagraph
(A), the department shall allocate not less than 10 percent to
facilitate and support the participation of disadvantaged communities
in integrated regional water management planning and for projects
that address critical water supply or water quality needs for
disadvantaged communities.
(D) Of the funds described in clause (iii) of subparagraph (A),
the department shall allocate two million dollars ($2,000,000) to
Tulare County for development of an integrated water quality and
wastewater treatment program plan to address the drinking water and
wastewater needs of disadvantaged communities in the Tulare Lake
Basin. Funds allocated pursuant to this paragraph shall be available
for assessment and feasibility studies necessary to develop the plan,
and the plan shall include recommendations for planning,
infrastructure, and other water management actions, and shall include
specific recommendations for regional drinking water treatment
facilities, regional wastewater treatment facilities, conjunctive use
sites and groundwater recharge, groundwater for surface water
exchanges, related infrastructure, and cost-sharing mechanisms.
Tulare County shall consult with appropriate stakeholders, including
representatives of disadvantaged communities, when preparing the
plan. The department, in consultation with the State Department of
Public Health, shall submit the plan to the Legislature by January 1,
2011.
(E) Of the funds described in clause (i) of subparagraph (A), the
department shall allocate not less than twenty million dollars
($20,000,000) to support urban and agricultural water conservation
projects necessary to meet a 20-percent reduction in per capita water
use by the year 2020.
(4) Pursuant to Section 75029 of the Public Resources Code, the
sum of ninety million dollars (90,000,000) to the department for the
implementation of Delta water quality improvement projects that
protect drinking water supplies as follows:
(A) Pursuant to subdivision (d) of Section 75029 of the Public
Resources Code, the sum of fifty million dollars ($50,000,000) for
drinking water intake facility projects to improve the quality of
drinking water supply from the Sacramento-San Joaquin Delta that are
identified in the June 2005 Delta Region Drinking Water Quality
Management Plan. Funding shall be made available for environmental
review, design, and construction. Project proponents seeking funding
for construction shall meet all of the following criteria:
(i) Have completed documentation required under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and a notice of determination
has been filed prior to June 30, 2008.
(ii) Have demonstrated multiple benefits in conveyance and Delta
operation to achieve protection or improvement to Delta pelagic
fisheries, as well as drinking water quality improvement and public
health protection.
(iii) Are able to complete design and commence construction before
June 30, 2009.
(iv) Have local or federal cost-sharing funds immediately
available.
(B) The sum of forty million dollars ($40,000,000) for projects
consistent with subdivision (c) of Section 75029 of the Public
Resources Code.
(5) Pursuant to Section 75033 of the Public Resources Code, the
sum of one hundred million dollars ($100,000,000) to the department
for the acquisition, preservation, protection, and restoration of
Sacramento-San Joaquin Delta resources in accordance with Section
75033 of the Public Resources Code. The department shall expend
these funds pursuant to
priorities that reflect the value of the resources and land uses
protected by the levees to the state as a whole, consistent with the
Delta Vision Strategic Plan. Projects shall be selected to improve
the stability of the Delta levee system, reduce subsidence, and
assist in restoring the ecosystem of the Delta. Priority shall be
given to projects that improve conditions for Delta smelt and other
native fish. Up to five million dollars ($5,000,000) made available
pursuant to this paragraph shall be available as grants and direct
expenditures for emergency communications equipment to improve
emergency response preparedness.
(6) Pursuant to Chapter 4 (commencing with Section 75041) of
Division 43 of the Public Resources Code, the sum of thirty-seven
million dollars ($37,000,000) to the department as follows:
(A) (i) Twelve million dollars ($12,000,000) to complete the
planning and feasibility studies associated with new surface storage
under the California Bay-Delta Program.
(ii) The planning and feasibility studies shall include the
following information:
(I) The identification of specific construction and operation
conditions proposed for each surface storage facility, including
consideration of climate change, an estimated schedule for the
construction and completion of each project funded under Section
75041 of the Public Resources Code, and the total costs of
constructing each project.
(II) A description of the estimated total costs to construct each
project and an allocation of the costs to public and private
beneficiaries.
(iii) Any feasibility study conducted by or funded by the state
for new surface storage under the California Bay-Delta Program shall
evaluate funded projects consistent with all statutory and other
legally established requirements for protection of environmental and
natural resources, including protections for the McCloud River
pursuant to Section 5093.542 of the Public Resources Code.
(iv) The feasibility studies shall be prepared and submitted to
the Governor and the Legislature no later than December 31, 2009.
(B) (i) Fifteen million dollars ($15,000,000) for planning and
feasibility studies to identify potential options for the reoperation
of the state's flood protection and water supply systems that will
optimize the use of existing facilities and groundwater storage
capacity.
(ii) The studies shall incorporate appropriate climate change
scenarios and be designed to determine the potential to achieve the
following objectives:
(I) Integration of flood protection and water supply systems to
increase water supply reliability and flood protection, improve water
quality, and provide for ecosystem protection and restoration.
(II) Reoperation of existing reservoirs, flood facilities, and
other water facilities in conjunction with groundwater storage to
improve water supply reliability, flood control, and ecosystem
protection and to reduce groundwater overdraft.
(III) Promotion of more effective groundwater management and
protection and greater integration of groundwater and surface water
resource uses.
(IV) Improvement of existing water conveyance systems to increase
water supply reliability, improve water quality, expand flood
protection, and protect and restore ecosystems.
(C) Ten million dollars ($10,000,000) to update the California
Water Plan, including evaluation of climate change impacts, the
development of strategies to adapt to climate change impacts,
technical assistance to local agencies that incorporate climate
change into their studies, reports, and plans, and the identification
of strategies to reduce greenhouse gas emissions related to the
storage, conveyance, and distribution of water.
(D) Of the money made available pursuant to subparagraphs (A),
(B), and (C), up to two million dollars ($2,000,000) may be expended
for planning and feasibility studies necessary to implement the Delta
Vision Strategic Plan, developed pursuant to Executive Order No.
S-17-06, dated September 28, 2006, establishing the Delta Vision
process.
(7) Pursuant to Section 75050 of the Public Resources Code, the
sum of seventeen million three hundred thousand dollars ($17,300,000)
for the protection and restoration of rivers and streams as follows:
(A) Ten million dollars ($10,000,000) to the State Coastal
Conservancy for the purposes of subdivision (i) of Section 75050 of
the Public Resources Code.
(B) Seven million three hundred thousand dollars ($7,300,000) to
the department for the purposes of subdivision (e) of Section 75050
of the Public Resources Code.
(c) Of the funds made available pursuant to subdivision (a) of
Section 79550, the sum of three million seven hundred sixty thousand
dollars ($3,760,000) is hereby appropriated to the department for
planning and feasibility studies associated with surface storage
under the California Bay-Delta Program.
(d) (1) Of the funds available pursuant to Section 79101, the sum
of two million two hundred seventy-two thousand dollars ($2,272,000)
is appropriated to the department for the Sacramento River Hamilton
City Area Flood Damage Reduction Project.
(2) Of the funds available pursuant to subdivision (c) of Section
79196.5, the sum of three million four hundred fifty thousand dollars
($3,450,000) is appropriated to the department for the Franks Tract
Pilot Project under the CALFED Drinking Water Quality Program.
SEC. 185. Section 223.1 of the Welfare and Institutions Code is
amended to read:
223.1. (a) (1) At least one individual who is a parent, guardian,
or designated emergency contact of a person in the custody of the
Division of Juvenile Facilities, if the individual can reasonably be
located, shall be successfully notified within 24 hours by the public
officer responsible for the well-being of that person, of any
suicide attempt by the person, or any serious injury or serious
offense committed against the person. In consultation with division
staff, as appropriate, and with concurrence of the public officer
responsible for the well-being of that person, the person may
designate other persons who should be notified in addition to, or in
lieu of, parents or guardians, of any suicide attempt by the person,
or any serious injury or serious offense committed against the
person.
(2) This section shall not apply if either of the following
conditions is met:
(A) A minor requests that his or her parents, guardians, or other
persons not be notified, and the director of the division facility,
as appropriate, determines it would be in the best interest of the
minor not to notify the parents, guardians, or other persons.
(B) A person 18 years of age or older does not consent to the
notification.
(b) Upon intake of a person into a division facility, and again
upon attaining 18 years of age while in the custody of the division,
an appropriate staff person shall explain, using language clearly
understandable to the person, all of the provisions of this section,
including that the person has the right to (1) request that the
information described in paragraph (1) of subdivision (a) not be
provided to a parent or guardian, and (2) request that another person
or persons in addition to, or in lieu of, a parent or guardian be
notified. The division shall provide the person with forms and any
information necessary to provide informed consent as to who shall be
notified. Any designation made pursuant to paragraph (1) of
subdivision (a), the consent to notify parents, guardians, or other
persons, and the withholding of that consent, may be amended or
revoked by the person, and shall be transferable among facilities.
(c) Staff of the division shall enter the following information
into the ward's record, as appropriate, upon its occurrence:
(1) A minor's request that his or her parents, guardians, or other
persons not be notified of an emergency pursuant to this section,
and the determination of the relevant public officer on that request.
(2) The designation of persons who are emergency contacts, in lieu
of parents or guardians, who may be notified pursuant to this
section.
(3) The revocation or amendment of a designation or consent made
pursuant to this section.
(4) A person's consent, or withholding thereof, to notify parents,
guardians, or other persons pursuant to this section.
(d) For purposes of this section, the following terms have the
following meanings:
(1) "Serious offense" means any offense that is chargeable as a
felony and that involves violence against another person.
(2) "Serious injury" means any illness or injury that requires
hospitalization, requires an evaluation for involuntary treatment for
a mental health disorder or grave disability under the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5), is potentially life threatening, or that potentially
will permanently impair the use of a major body organ, appendage, or
limb.
(3) "Suicide attempt" means a self-inflicted destructive act
committed with explicit or inferred intent to die.
SEC. 186. Section 241.1 of the Welfare and Institutions Code is
amended to read:
241.1. (a) Whenever a minor appears to come within the
description of both Section 300 and Section 601 or 602, the county
probation department and the child welfare services department shall,
pursuant to a jointly developed written protocol described in
subdivision (b), initially determine which status will serve the best
interests of the minor and the protection of society. The
recommendations of both departments shall be presented to the
juvenile court with the petition that is filed on behalf of the
minor, and the court shall determine which status is appropriate for
the minor. Any other juvenile court having jurisdiction over the
minor shall receive notice from the court, within five calendar days,
of the presentation of the recommendations of the departments. The
notice shall include the name of the judge to whom, or the courtroom
to which, the recommendations were presented.
(b) The probation department and the child welfare services
department in each county shall jointly develop a written protocol to
ensure appropriate local coordination in the assessment of a minor
described in subdivision (a), and the development of recommendations
by these departments for consideration by the juvenile court. These
protocols shall require, but not be limited to, consideration of the
nature of the referral, the age of the minor, the prior record of the
minor's parents for child abuse, the prior record of the minor for
out-of-control or delinquent behavior, the parents' cooperation with
the minor's school, the minor's functioning at school, the nature of
the minor's home environment, and the records of other agencies that
have been involved with the minor and his or her family. The
protocols also shall contain provisions for resolution of
disagreements between the probation and child welfare services
departments regarding the need for dependency or ward status and
provisions for determining the circumstances under which a new
petition should be filed to change the minor's status.
(c) Whenever a minor who is under the jurisdiction of the juvenile
court of a county pursuant to Section 300, 601, or 602 is alleged to
come within the description of Section 300, 601, or 602 by another
county, the county probation department or child welfare services
department in the county that has jurisdiction under Section 300,
601, or 602 and the county probation department or child welfare
services department of the county alleging the minor to be within one
of those sections shall initially determine which status will best
serve the best interests of the minor and the protection of society.
The recommendations of both departments shall be presented to the
juvenile court in which the petition is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. In making their recommendation to the juvenile court, the
departments shall conduct an assessment consistent with the
requirements of subdivision (b). Any other juvenile court having
jurisdiction over the minor shall receive notice from the court in
which the petition is filed within five calendar days of the
presentation of the recommendations of the departments. The notice
shall include the name of the judge to whom, or the courtroom to
which, the recommendations were presented.
(d) Except as provided in subdivision (e), nothing in this section
shall be construed to authorize the filing of a petition or
petitions, or the entry of an order by the juvenile court, to make a
minor simultaneously both a dependent child and a ward of the court.
(e) Notwithstanding subdivision (d), the probation department and
the child welfare services department, in consultation with the
presiding judge of the juvenile court, in any county may create a
jointly written protocol to allow the county probation department and
the child welfare services department to jointly assess and produce
a recommendation that the child be designated as a dual status child,
allowing the child to be simultaneously a dependent child and a ward
of the court. This protocol shall be signed by the chief probation
officer, the director of the county social services agency, and the
presiding judge of the juvenile court prior to its implementation. No
juvenile court may order that a child is simultaneously a dependent
child and a ward of the court pursuant to this subdivision unless and
until the required protocol has been created and entered into. This
protocol shall include all of the following:
(1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.
(2) A description of the procedure by which the probation
department and the child welfare services department will assess the
necessity for dual status for specified children and the process to
make joint recommendations for the court's consideration prior to
making a determination under this section. These recommendations
shall ensure a seamless transition from wardship to dependency
jurisdiction, as appropriate, so that services to the child are not
disrupted upon termination of the wardship.
(3) A provision for ensuring communication between the judges who
hear petitions concerning children for whom dependency jurisdiction
has been suspended while they are within the jurisdiction of the
juvenile court pursuant to Section 601 or 602. A judge may
communicate by providing a copy of any reports filed pursuant to
Section 727.2 concerning a ward to a court that has jurisdiction over
dependency proceedings concerning the child.
(4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.
(5) Counties that exercise the option provided for in this
subdivision shall adopt either an "on-hold" system as described in
subparagraph (A) or a "lead court/lead agency" system as described in
subparagraph (B). In no case shall there be any simultaneous or
duplicative case management or services provided by both the county
probation department and the child welfare services department. It is
the intent of the Legislature that judges, in cases in which more
than one judge is involved, shall not issue conflicting orders.
(A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while the
child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court's jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental to
the child, the county probation department and the child welfare
services department shall jointly assess and produce a recommendation
for the court regarding whether the court's dependency jurisdiction
shall be resumed.
(B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.
SEC. 187. Section 391 of the Welfare and Institutions Code is
amended to read:
391. (a) At any hearing to terminate jurisdiction over a
dependent child who has reached the age of majority, the county
welfare department shall do all of the following:
(1) Ensure that the child is present in court, unless the child
does not wish to appear in court, or document efforts by the county
welfare department to locate the child when the child is not
available.
(2) Submit a report verifying that the following information,
documents, and services have been provided to the child:
(A) Written information concerning the child's dependency case,
including any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, any photographs of the child or his or her family
in the possession of the county welfare department, other than
forensic photographs, the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court determines that
sibling contact would jeopardize the safety or welfare of the
sibling, directions on how to access the documents the child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
(B) The following documents:
(i) Social security card.
(ii) Certified birth certificate.
(iii) Health and education summary, as described in subdivision
(a) of Section 16010.
(iv) Driver's license, as described in Section 12500 of the
Vehicle Code, or identification card, as described in Section 13000
of the Vehicle Code.
(v) A letter prepared by the county welfare department that
includes the following information:
(I) The child's name and date of birth.
(II) The dates during which the child was within the jurisdiction
of the juvenile court.
(III) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements.
(vi) If applicable, the death certificate of the parent or
parents.
(vii) If applicable, proof of the child's citizenship or legal
residence.
(C) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance; referral to
transitional housing, if available, or assistance in securing other
housing; and assistance in obtaining employment or other financial
support.
(D) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
(E) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement in a
group home for six months or longer from the date the child entered
foster care, based on the child's best interests.
(b) The court may continue jurisdiction if it finds that the
county welfare department has not met the requirements of paragraph
(2) of subdivision (a) and that termination of jurisdiction would be
harmful to the best interests of the child. If the court determines
that continued jurisdiction is warranted pursuant to this section,
the continuation shall only be ordered for that period of time
necessary for the county welfare department to meet the requirements
of paragraph (2) of subdivision (a). This section shall not be
construed to limit the discretion of the juvenile court to continue
jurisdiction for other reasons. The court may terminate jurisdiction
if the county welfare department has offered the required services,
and the child either has refused the services or, after reasonable
efforts by the county welfare department, cannot be located.
(c) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms, necessary to implement this
section.
SEC. 188. Section 618.5 of the Welfare and Institutions Code is
amended and renumbered to read:
681.5 If a prosecuting attorney has appeared on behalf of the
people of the State of California in any juvenile court hearing which
is based upon a petition that alleges that a minor is a person
within the description of Section 602, neither that prosecuting
attorney nor any attorney from the office of that prosecuting
attorney shall represent the minor in a juvenile court proceeding
alleging that a minor is a person described in Section 300.
SEC. 189. Section 903.1 of the Welfare and Institutions Code is
amended to read:
903.1. (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the cost to the county of legal
services rendered to the minor by the public defender or other public
attorney pursuant to an order of the juvenile court, or for the cost
to the county for the legal services rendered to the minor by an
attorney in private practice appointed pursuant to an order of the
juvenile court. The father, mother, spouse, or other person liable
for the support of a minor and the estate of that person shall also
be liable for any cost to the county of legal services rendered
directly to the father, mother, or spouse of the minor, or any other
person liable for the support of the minor, in a dependency
proceeding by the public defender or other public attorney appointed
pursuant to an order of the juvenile court, or by an attorney in
private practice appointed pursuant to order of the juvenile court.
The liability of those persons (in this article called relatives) and
estates shall be a joint and several liability.
(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.
SEC. 190. Section 4688.6 of the Welfare and Institutions Code is
amended to read:
4688.6. (a) Notwithstanding any other provision of law to the
contrary, the department may receive and approve a proposal or
proposals by any regional center to provide for, secure, or ensure
the full payment of a lease or leases on housing based on the
availability for occupancy in each home. These proposals shall not
include an adult residential facility for persons with special health
care needs, as defined in Section 1567.50 of the Health and Safety
Code. Proposals submitted by regional centers shall meet all of the
following conditions:
(1) The acquired or developed real property is available for
occupancy by individuals eligible for regional center services and is
integrated with other housing in the community for people without
disabilities.
(2) The regional center has submitted documents demonstrating the
appropriate credentials and terms of the project and has approved the
proposed nonprofit ownership entity, management entity, and
developer or development entity for each project.
(3) The costs associated with the proposal are reasonable and
maximize the receipt of federal Medicaid funding. The department
shall only approve proposals that include a process for the regional
center to review recent sales of comparable properties to ensure the
purchase price is within the range of fair market value and, if
significant renovations of a home will be undertaken after the home
is purchased, competing bids for that renovation work to ensure that
the cost of the work is reasonable. For purposes of this subdivision,
"significant renovations" means renovations that exceed 5 percent of
the purchase price of the home.
(4) The proposal includes a plan for a transfer at a time certain
of the real property's ownership to a nonprofit entity to be approved
by the regional center.
(5) The regional center has submitted, with the proposal, the
nonrefundable developer fee established in subdivision (d).
(b) Prior to approving a regional center proposal pursuant to
subdivision (a), the department may contract or consult with a public
or private sector entity that has appropriate experience in
structuring complex real estate financial transactions, but is not
otherwise involved in any lending related to the project to review
any of the following:
(1) The terms and conditions of the financing structure for
acquisition or development of the real property.
(2) Any and all agreements that govern the real property's
ownership, occupancy, maintenance, management, and operation, to
ensure that the use of the property is maintained for the benefit of
persons with developmental disabilities.
(c) The department may impose a limit on the number of proposals
considered pursuant to subdivision (a). If a limit is imposed, the
department shall notify the Association of Regional Center Agencies.
(d) (1) The department shall charge the developer of the housing
described in the regional center proposal a reasonable, nonrefundable
fee for each proposal submitted. The fee shall be for the purpose of
reimbursing the department's costs associated with conducting the
review and approval required by subdivision (b). The fee shall be set
by the department within 30 days of the effective date of the act
that added this section, and shall be adjusted annually, as
necessary, to ensure the payment of the costs incurred by the
department.
(2) Fees collected shall be deposited in the Developmental
Disabilities Services Account established pursuant to Section 14672.9
of the Government Code and shall be used solely for the purpose of
conducting the review and approval required by subdivision (b), upon
appropriation by the Legislature. Interest and dividends on moneys
collected pursuant to this section shall, notwithstanding Section
16305.7 of the Government Code, be retained in the account for
purposes of this section. Moneys deposited in the Developmental
Disabilities Services Account pursuant to this subdivision shall not
be subject to the requirements of subdivision (i) of Section 14672.9
of the Government Code.
(3) Notwithstanding paragraph (2), for the 2008-09 fiscal year,
the Director of Finance may approve an expenditure of up to
seventy-five thousand dollars ($75,000) by the department from moneys
deposited in the account for the purposes specified in subdivision
(b). In the 2009-10 fiscal year and each fiscal year
thereafter, moneys shall be available
to the department upon appropriation by the Legislature.
(e) No sale, encumbrance, hypothecation, assignment, refinancing,
pledge, conveyance, exchange, or transfer in any other form of the
real property, or of any of its interest therein, shall occur without
the prior written approval of the department and the regional
center.
(f) Notice of the restrictions pursuant to this section shall be
recorded against the acquired or developed real property subject to
this section.
(g) At least 30 days prior to granting approval under subdivision
(e), the department shall provide notice to the chairpersons and vice
chairpersons of the fiscal committees of the Assembly and the Senate
and the Director of Finance.
(h) The regional center shall not be eligible to acquire or
develop real property for the purpose of residential housing.
(i) Unless otherwise authorized by law, a regional center shall
not use purchase of service funds to implement this section.
(j) With the exception of funds authorized in paragraph (3) of
subdivision (d), this section shall be implemented within the
department's annual budget. This subdivision shall not preclude the
receipt or use of federal, state non-General Fund, or private funds
to implement this section.
(k) The department shall establish guidelines and procedures for
the administration of this section.
SEC. 191. Section 4691 of the Welfare and Institutions Code is
amended to read:
4691. (a) The Legislature reaffirms its intent that
community-based day programs be planned and provided as part of a
continuum of services to enable persons with developmental
disabilities to approximate the pattern of everyday living available
to people of the same age without disabilities. The Legislature
further intends that standards be developed to ensure high-quality
services, and that equitable ratesetting procedures based upon those
standards be established, maintained, and revised, as necessary. The
Legislature intends that ratesetting procedures be developed for all
community-based day programs, which include adult development
centers, activity centers, infant day programs, behavior management
programs, social recreational programs, and independent living
programs.
(b) For the purpose of ensuring that regional centers may secure
high quality services for persons with developmental disabilities,
the State Department of Developmental Services shall promulgate
regulations establishing program standards and an equitable process
for setting rates of state payment for community-based day programs.
These regulations shall include, but are not limited to, all of the
following:
(1) The standards and requirements related to the operation of the
program including, but not limited to, staff qualifications,
staff-to-client ratios, client entrance and exit criteria, program
design, program evaluation, program and client records and
documentation, client placement, and personnel requirements and
functions.
(2) The allowable cost components of the program including salary
and wages, staff benefits, operating expenses, and management
organization costs where two or more programs are operated by a
separate and distinct corporation or entity.
(3) The rate determination processes for establishing rates, based
on the allowable costs of the allowable cost components. Different
rate determination processes may be developed for establishing rates
for new and existing programs, and for the initial and subsequent
years of implementation of the regulations. The processes shall
include, but are not limited to, all of the following:
(A) The procedure for identification and grouping of programs by
type of day program and approved staff-to-client ratio.
(B) The requirements for an identification of the program, cost,
and other information, if any, which the program is required to
submit to the department or the regional center, the consequences, if
any, for failure to do so, and the timeframes and format for
submission and review.
(C) The ratesetting methodology.
(D) A procedure for adjusting rates as a result of anticipated and
unanticipated program changes and fiscal audits of the program and a
procedure for appealing rates, including the timeframes for the
program to request an adjustment or appeal, and for the department to
respond.
(E) A procedure for increasing established rates and the allowable
range of rates due to cost-of-living adjustments.
(F) A procedure for increasing established rates as a result of
Budget Act appropriations made pursuant to the ratesetting
methodology established pursuant to Section 4691.5 and subdivision
(c) of this section.
The department shall develop these regulations in consultation
with representatives from organizations representing the
developmental services system as determined by the department. The
State Council on Developmental Disabilities, and other organizations
representing regional centers, providers, and clients shall have an
opportunity to review and comment upon the proposed regulations prior
to their promulgation. The department shall promulgate these
regulations for all community-based day programs by July 1, 1990.
(c) Upon the promulgation of regulations pursuant to subdivision
(b), and pursuant to Section 4691.5, and by September 1 of each year
thereafter, the department shall establish rates pursuant to the
regulations. Rate increases during the 1990-91 and 1991-92 fiscal
years shall be limited to those specified in subdivision (b). For the
1992-93 fiscal year and all succeeding fiscal years, any increases
proposed during those years in the rates of reimbursement established
pursuant to the regulations, except for rate increases due to rate
appeals and rate adjustments based on unanticipated program changes,
shall be subject to the appropriation of sufficient funds in the
Budget Act, for those purposes, to fully provide the proposed
increase to all eligible programs for the entire fiscal year. If the
funds appropriated in the Budget Act are not sufficient to fully
provide for the proposed increase in the rates of reimbursement for
all eligible programs for the entire fiscal year, the proposed
increase shall be limited to the level of funds appropriated. The
increases proposed in the rates of reimbursement shall be reduced
equitably among all eligible providers in accordance with funds
appropriated and the eligible programs shall be reimbursed at the
reduced amount for the entire fiscal year.
(d) Using the reported costs of day programs reimbursed at a
permanent rate and the standards and ratesetting processes
promulgated pursuant to subdivision (b) as a basis, the department
shall report to the Legislature as follows:
(1) By April 15, 1993, and every odd year thereafter, the
difference between permanent rates for existing programs and the
rates of those programs based upon their allowable costs and client
attendance, submitted pursuant to the regulations specified in
subdivision (b). In reporting the difference, the department shall
also identify the amount of the difference associated with programs
whose rates are above the allowable range of rates, which is
available for increasing the rates of programs whose rates are below
the allowable range, to within the allowable range, and any other
pertinent cost or rate information which the department deems
necessary.
(2) By April 15, 1994, and every even year thereafter, the level
of funding, if any, which was not appropriated to reimburse providers
at the proposed rates reported the prior fiscal year pursuant to
paragraph (1), and any other pertinent cost or rate information which
the department deems necessary.
(3) The April 15, 1996, report pursuant to paragraph (2) shall be
prepared jointly by the department and organizations representing
community-based day program providers, as determined by the
department. That report shall also include a review of the
ratesetting process and recommendations, if any, for its
modification.
(e) Rates established by the department pursuant to subdivision
(b) are exempt from the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(f) The department shall ensure that the regional centers monitor
compliance with program standards.
SEC. 192. Section 4783 of the Welfare and Institutions Code is
amended to read:
4783. (a) (1) The Family Cost Participation Program is hereby
created in the State Department of Developmental Services for the
purpose of assessing a cost participation to parents, as defined in
Section 50215 of Title 17 of the California Code of Regulations, who
have a child to whom all of the following applies:
(A) The child has a developmental disability or is eligible for
services under the California Early Intervention Services Act (Title
14 (commencing with Section 95000) of the Government Code).
(B) The child is zero years of age through 17 years of age.
(C) The child lives in the parents' home.
(D) The child receives services and supports purchased through the
regional center.
(E) The child is not eligible for Medi-Cal.
(2) Notwithstanding any other provision of law, a parent described
in subdivision (a) shall participate in the Family Cost
Participation Program established pursuant to this section.
(3) Application of this section to children zero through two years
of age, inclusive, shall be contingent upon approval by the United
States Department of Education.
(b) (1) The department shall develop and establish a Family Cost
Participation Schedule that shall be used by regional centers to
assess the parents' cost participation. The schedule shall consist of
a sliding scale for families with an annual gross income not less
than 400 percent of the federal poverty guideline, and be adjusted
for the level of annual gross income and the number of persons living
in the family home.
(2) The schedule established pursuant to this section shall be
exempt from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).
(c) Family cost participation assessments shall only be applied to
respite, day care, and camping services that are included in the
child's individual program plan or individualized family service plan
for children zero through two years of age.
(d) If there is more than one minor child living in the parents'
home and receiving services or supports paid for by the regional
center, or living in a 24-hour out-of-home facility, including a
developmental center, the assessed amount shall be adjusted as
follows:
(1) A parent that meets the criteria specified in subdivision (b)
with two children shall be assessed at 75 percent of the respite, day
care, and camping services in each child's individual program plan
or individualized family service plan for each child living at home.
(2) A parent that meets the criteria specified in subdivision (b)
with three children shall be assessed at 50 percent of the respite,
day care, and camping services included in each child's individual
program plan or individualized family service plan for each child
living at home.
(3) A parent that meets the criteria specified in subdivision (b)
with four children shall be assessed 25 percent of the respite, day
care, and camping services included in each child's individual
program plan or individualized family service plan for each child
living at home.
(4) A parent that meets the criteria specified in subdivision (b)
with more than four children shall be exempt from participation in
the Family Cost Participation Program.
(e) For each child, the amount of cost participation shall be less
than the amount of the parental fee that the parent would pay if the
child lived in a 24-hour, out-of-home facility.
(f) Commencing January 1, 2005, each regional center shall be
responsible for administering the Family Cost Participation Program.
(g) Family cost participation assessments or reassessments shall
be conducted as follows:
(1) (A) A regional center shall assess the cost participation for
all parents of current consumers who meet the criteria specified in
this section. A regional center shall use the most recent individual
program plan or individualized family service plan for this purpose.
(B) A regional center shall assess the cost participation for
parents of newly identified consumers at the time of the initial
individual program plan or the individualized family service plan.
(C) Reassessments for cost participation shall be conducted as
part of the individual program plan or individual family service plan
review pursuant to subdivision (b) of Section 4646 of this code or
subdivision (f) of Section 95020 of the Government Code.
(D) The parents are responsible for notifying the regional center
when a change in family income occurs that would result in a change
in the assessed amount of cost participation.
(2) Parents shall self-certify their gross annual income to the
regional center by providing copies of W-2 Wage Earners Statements,
payroll stubs, a copy of the prior year's state income tax return, or
other documents and proof of other income.
(3) A regional center shall notify parents of the parents'
assessed cost participation within 10 working days of receipt of the
parents' complete income documentation.
(4) Parents who have not provided copies of income documentation
pursuant to paragraph (2) shall be assessed the maximum cost
participation based on the highest income level adjusted for family
size until such time as the appropriate income documentation is
provided. Parents who subsequently provide income documentation that
results in a reduction in their cost participation shall be
reimbursed for the actual cost difference incurred for services
identified in the individual program plan or individualized family
service plan for respite, day care, and camping services, for 90
calendar days preceding the reassessment. The actual cost difference
is the difference between the maximum cost participation originally
assessed and the reassessed amount using the parents' complete income
documentation, that is substantiated with receipts showing that the
services have been purchased by the parents.
(5) The executive director of the regional center may grant a cost
participation adjustment for parents who incur an unavoidable and
uninsured catastrophic loss with direct economic impact on the family
or who substantiate, with receipts, significant unreimbursed medical
costs associated with care for a child who is a regional center
consumer. A redetermination of the cost participation adjustment
shall be made at least annually.
(h) A provider of respite, day care, or camping services shall not
charge a rate for the parents' share of cost that is higher than the
rate paid by the regional center for its share of cost.
(i) The department shall develop, and regional centers shall use,
all forms and documents necessary to administer the program
established pursuant to this section. The forms and documents shall
be posted on the department's Internet Web site. A regional center
shall provide appropriate materials to parents at the initial
individual program plan or individualized family service plan meeting
and subsequent individual program plan or individualized family
service plan review meetings. These materials shall include a
description of the Family Cost Participation Program.
(j) The department shall include an audit of the Family Cost
Participation Program during its audit of a regional center.
(k) (1) Parents of children ages three through 17 years of age may
appeal an error in the amount of the parents' cost participation to
the executive director of the regional center within 30 days of
notification of the amount of the assessed cost participation. The
parents may appeal to the Director of Developmental Services, or his
or her designee, any decision by the executive director made pursuant
to this subdivision within 15 days of receipt of the written
decision of the executive director.
(2) Parents of children ages three through 17 years of age who
dispute the decision of the executive director pursuant to paragraph
(5) of subdivision (g) shall have a right to a fair hearing as
described in, and the regional center shall provide notice pursuant
to, Chapter 7 (commencing with Section 4700). This paragraph shall
become inoperative on July 1, 2006.
(3) On and after July 1, 2006, a parent described in paragraph (2)
shall have the right to appeal the decision of the executive
director to the Director of Developmental Services, or his or her
designee, within 15 days of receipt of the written decision of the
executive director.
(l) For parents of children ages zero through two years of age,
inclusive, the complaint, mediation, and due process procedures set
forth in Sections 52170 to 52174, inclusive, of Title 17 of the
California Code of Regulations shall be used to resolve disputes
regarding this section.
(m) The department may adopt emergency regulations to implement
this section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to be necessary for
the immediate preservation of the public peace, health and safety, or
general welfare, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted from the
requirement that it describe specific facts showing the need for
immediate action. A certificate of compliance for these implementing
regulations shall be filed within 24 months following the adoption of
the first emergency regulations filed pursuant to this subdivision.
(n) By April 1, 2005, and annually thereafter, the department
shall report to the appropriate fiscal and policy committees of the
Legislature on the status of the implementation of the Family Cost
Participation Program established under this section. On and after
April 1, 2006, the report shall contain all of the following:
(1) The annual total purchase of services savings attributable to
the program per regional center.
(2) The annual costs to the department and each regional center to
administer the program.
(3) The number of families assessed a cost participation per
regional center.
(4) The number of cost participation adjustments granted pursuant
to paragraph (5) of subdivision (g) per regional center.
(5) The number of appeals filed pursuant to subdivision (k) and
the number of those appeals granted, modified, or denied.
SEC. 193. Section 4860 of the Welfare and Institutions Code is
amended to read:
4860. (a) (1) The hourly rate for supported employment services
provided to consumers receiving individualized services shall be
thirty dollars and eighty-two cents ($30.82).
(2) Job coach hours spent in travel to consumer worksites may be
reimbursable for individualized services only when the job coach
travels from the vendor's headquarters to the consumer's worksite or
from one consumer's worksite to another, and only when the travel is
one way.
(b) The hourly rate for group services shall be thirty dollars and
eighty-two cents ($30.82), regardless of the number of consumers
served in the group. Consumers in a group shall be scheduled to start
and end work at the same time, unless an exception that takes into
consideration the consumer's compensated work schedule is approved in
advance by the regional center. The department, in consultation with
stakeholders, shall adopt regulations to define the appropriate
grounds for granting these exceptions. When the number of consumers
in a supported employment placement group drops to fewer than the
minimum required in subdivision (r) of Section 4851, the regional
center may terminate funding for the group services in that group,
unless, within 90 days, the program provider adds one or more
regional centers, or Department of Rehabilitation-funded supported
employment consumers to the group.
(c) Job coaching hours for group services shall be allocated on a
prorated basis between a regional center and the Department of
Rehabilitation when regional center and Department of Rehabilitation
consumers are served in the same group.
(d) When Section 4855 applies, fees shall be authorized for the
following:
(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the
program provider upon intake of a consumer into a supported
employment program. No fee shall be paid if that consumer completed a
supported employment intake process with that same supported
employment program within the previous 12 months.
(2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon
placement of a consumer in an integrated job, except that no fee
shall be paid if that consumer is placed with another consumer or
consumers assigned to the same job coach during the same hours of
employment.
(3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a
90-day retention of a consumer in a job, except that no fee shall be
paid if that consumer has been placed with another consumer or
consumers, assigned to the same job coach during the same hours of
employment.
(e) Notwithstanding paragraph (4) of subdivision (a) of Section
4648 the regional center shall pay the supported employment program
rates established by this section.
SEC. 194. Section 5777 of the Welfare and Institutions Code is
amended to read:
5777. (a) (1) Except as otherwise specified in this part, a
contract entered into pursuant to this part shall include a provision
that the mental health plan contractor shall bear the financial risk
for the cost of providing medically necessary mental health services
to Medi-Cal beneficiaries irrespective of whether the cost of those
services exceeds the payment set forth in the contract. If the
expenditures for services do not exceed the payment set forth in the
contract, the mental health plan contractor shall report the
unexpended amount to the department, but shall not be required to
return the excess to the department.
(2) If the mental health plan is not the county's, the mental
health plan may not transfer the obligation for any mental health
services to Medi-Cal beneficiaries to the county. The mental health
plan may purchase services from the county. The mental health plan
shall establish mutually agreed-upon protocols with the county that
clearly establish conditions under which beneficiaries may obtain
non-Medi-Cal reimbursable services from the county. Additionally, the
plan shall establish mutually agreed-upon protocols with the county
for the conditions of transfer of beneficiaries who have lost
Medi-Cal eligibility to the county for care under Part 2 (commencing
with Section 5600), Part 3 (commencing with Section 5800), and Part 4
(commencing with Section 5850).
(3) The mental health plan shall be financially responsible for
ensuring access and a minimum required scope of benefits, consistent
with state and federal requirements, to the services to the Medi-Cal
beneficiaries of that county regardless of where the beneficiary
resides. The department shall require that the definition of medical
necessity used, and the minimum scope of benefits offered, by each
mental health contractor be the same, except to the extent that any
variations receive prior federal approval and are consistent with
state and federal statutes and regulations.
(b) Any contract entered into pursuant to this part may be renewed
if the plan continues to meet the requirements of this part,
regulations promulgated pursuant thereto, and the terms and
conditions of the contract. Failure to meet these requirements shall
be cause for nonrenewal of the contract. The department may base the
decision to renew on timely completion of a mutually agreed-upon plan
of correction of any deficiencies, submissions of required
information in a timely manner, or other conditions of the contract.
At the discretion of the department, each contract may be renewed for
a period not to exceed three years.
(c) (1) The obligations of the mental health plan shall be changed
only by contract or contract amendment.
(2) A change may be made during a contract term or at the time of
contract renewal, where there is a change in obligations required by
federal or state law or when required by a change in the
interpretation or implementation of any law or regulation. To the
extent permitted by federal law and except as provided under
paragraph (10) of subdivision (c) of Section 5778, if any change in
obligations occurs that affects the cost to the mental health plan of
performing under the terms of its contract, the department may
reopen contracts to negotiate the state General Fund allocation to
the mental health plan under Section 5778, if the mental health plan
is reimbursed through a fee-for-service payment system, or the
capitation rate to the mental health plan under Section 5779, if the
mental health plan is reimbursed through a capitated rate payment
system. During the time period required to redetermine the allocation
or rate, payment to the mental health plan of the allocation or rate
in effect at the time the change occurred shall be considered
interim payments and shall be subject to increase or decrease, as the
case may be, effective as of the date on which the change is
effective.
(3) To the extent permitted by federal law, either the department
or the mental health plan may request that contract negotiations be
reopened during the course of a contract due to substantial changes
in the cost of covered benefits that result from an unanticipated
event.
(d) The department shall immediately terminate a contract when the
director finds that there is an immediate threat to the health and
safety of Medi-Cal beneficiaries. Termination of the contract for
other reasons shall be subject to reasonable notice of the department'
s intent to take that action and notification of affected
beneficiaries. The plan may request a public hearing by the Office of
Administrative Hearings.
(e) A plan may terminate its contract in accordance with the
provisions in the contract. The plan shall provide written notice to
the department at least 180 days prior to the termination or
nonrenewal of the contract.
(f) Upon the request of the Director of Mental Health, the
Director of Managed Health Care may exempt a mental health plan
contractor or a capitated rate contract from the Knox-Keene Health
Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
1340) of Division 2 of the Health and Safety Code). These exemptions
may be subject to conditions the director deems appropriate. Nothing
in this part shall be
construed to impair or diminish the authority of the Director of
Managed Health Care under the Knox-Keene Health Care Service Plan Act
of 1975, nor shall anything in this part be construed to reduce or
otherwise limit the obligation of a mental health plan contractor
licensed as a health care service plan to comply with the
requirements of the Knox-Keene Health Care Service Plan Act of 1975,
and the rules of the Director of Managed Health Care promulgated
thereunder. The Director of Mental Health, in consultation with the
Director of Managed Health Care, shall analyze the appropriateness of
licensure or application of applicable standards of the Knox-Keene
Health Care Service Plan Act of 1975.
(g) (1) The department, pursuant to an agreement with the State
Department of Health Care Services, shall provide oversight to the
mental health plans to ensure quality, access, and cost efficiency.
At a minimum, the department shall, through a method independent of
any agency of the mental health plan contractor, monitor the level
and quality of services provided, expenditures pursuant to the
contract, and conformity with federal and state law.
(2) (A) Commencing July 1, 2008, county mental health plans, in
collaboration with the department, the federally required external
review organization, providers, and other stakeholders, shall
establish an advisory statewide performance improvement project (PIP)
to increase the coordination, quality, effectiveness, and efficiency
of service delivery to children who are either receiving at least
three thousand dollars ($3,000) per month in the Early and Periodic
Screening, Diagnosis, and Treatment (EPSDT) Program services or
children identified in the top 5 percent of the county EPSDT cost,
whichever is lowest. The statewide PIP shall replace one of the two
required PIPs that mental health plans must perform under federal
regulations outlined in the mental health plan contract.
(B) The federally required external quality review organization
shall provide independent oversight and reviews with recommendations
and findings or summaries of findings, as appropriate, from a
statewide perspective. This information shall be accessible to county
mental health plans, the department, county welfare directors,
providers, and other interested stakeholders in a manner that both
facilitates, and allows for, a comprehensive quality improvement
process for the EPSDT Program.
(C) Each July, the department, in consultation with the federally
required external quality review organization and the county mental
health plans, shall determine the average monthly cost threshold for
counties to use to identify children to be reviewed who are currently
receiving EPSDT services. The department shall consult with
representatives of county mental health directors, county welfare
directors, providers, and the federally required external quality
review organization in setting the annual average monthly cost
threshold and in implementing the statewide PIP. The department shall
provide an annual update to the Legislature on the results of this
statewide PIP by October 1 of each year for the prior fiscal year.
(D) It is the intent of the Legislature for the EPSDT PIP to
increase the coordination, quality, effectiveness, and efficiency of
service delivery to children receiving EPSDT services and to
facilitate evidence-based practices within the program, and other
high-quality practices consistent with the values of the public
mental health system within the program to ensure that children are
receiving appropriate mental health services for their mental health
wellness.
(E) This paragraph shall become inoperative on September 1, 2011.
(h) County employees implementing or administering a mental health
plan act in a discretionary capacity when they determine whether or
not to admit a person for care or to provide any level of care
pursuant to this part.
(i) If a county chooses to discontinue operations as the local
mental health plan, the new plan shall give reasonable consideration
to affiliation with nonprofit community mental health agencies that
were under contract with the county and that meet the mental health
plan's quality and cost efficiency standards.
(j) Nothing in this part shall be construed to modify, alter, or
increase the obligations of counties as otherwise limited and defined
in Chapter 3 (commencing with Section 5700) of Part 2. The county's
maximum obligation for services to persons not eligible for Medi-Cal
shall be no more than the amount of funds remaining in the mental
health subaccount pursuant to Sections 17600, 17601, 17604, 17605,
17606, and 17609 after fulfilling the Medi-Cal contract obligations.
SEC. 195. Section 11402.6 of the Welfare and Institutions Code is
amended to read:
11402.6. (a) The federal government has provided the state with
the option of including in its state plan children placed in a
private facility operated on a for-profit basis.
(b) For children for whom the county placing agency has exhausted
all other placement options, notwithstanding subdivision (h) of
Section 11400 and subject to Section 15200.5, a child who is
otherwise eligible for federal financial participation in the AFDC-FC
payment shall be eligible for aid under this chapter when the child
is placed in a for-profit child care institution and meets all of the
following criteria, which shall be clearly documented in the county
welfare department case file:
(1) The child has extraordinary and unusual special behavioral or
medical needs that make the child difficult to place, including, but
not limited to, being medically fragile, brittle diabetic, having
severe head injuries, a dual diagnosis of mental illness and
substance abuse or a dual diagnosis of developmental delay and mental
illness.
(2) No other comparable private nonprofit facility or public
licensed residential care home exists in the state that is willing to
accept placement and is capable of meeting the child's extraordinary
special needs.
(3) The county placing agency has demonstrated that no other
alternate placement option exists for the child.
(4) The child has a developmental disability and is eligible for
both federal AFDC-FC payments and for regional center services.
(c) Federal financial participation shall be provided pursuant to
Section 11402 for children described in subdivision (a) subject to
all of the following conditions, which shall be clearly documented in
the county welfare department case file.
(1) The county placing agency enters into a performance-based
placement agreement with the for-profit facility to ensure the
facility is providing services to improve the safety, permanency, and
well-being outcomes of the placed children pursuant to Section
10601.2.
(2) The county placing agency will require the facility to ensure
placement in the child's community to the degree possible to enhance
ongoing connections with the child's family and to promote the
establishment of lifelong connections with committed adults.
(3) The county placing agency monitors and reviews the facility's
outcome performance indicators every six months.
(4) In no event shall federal financial participation in this
placement exceed a 12-month period.
(5) Payments made under this section shall not be made on behalf
of any more than five children in a county at any one time.
(6) Payments made under this section shall be made pursuant to
Sections 4684 and 11464, and only to a group home that is an approved
vendor of a regional center.
(d) This section shall be implemented only during a federal fiscal
year in which the department determines that no restriction on
federal matching AFDC-FC payment exists.
(e) As used in this section, "child care institution" means a
nondetention facility that has been licensed in accordance with the
California Community Care Facilities Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code), and that
has a licensed capacity not exceeding 25 children.
(f) The county placing agency shall review and report to the
juvenile court at every six-month case plan update if this placement
remains appropriate and necessary and what the plan is for discharge
to a less restrictive placement.
(g) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented before July 1, 2010.
SEC. 196. Section 12315 of the Welfare and Institutions Code is
amended to read:
12315. (a) (1) Commencing January 1, 2009, a pilot project shall
be established in five consenting counties that provides severely
impaired recipients who receive in-home supportive services under
this article through the public authority, as described in Section
12301.6, with a choice of receiving services through the public
authority or receiving services through a voluntary nonprofit or
proprietary agency pursuant to Section 12302. The pilot project shall
be developed to provide services to severely impaired recipients, as
described in Section 12303.4.
(2) To accomplish this end, the five consenting counties shall
administer the In-Home Supportive Services (IHSS) program through a
public authority pursuant to Section 12301.6.
(3) (A) Following the submission of input and recommendations of
the IHSS advisory committee for the county, each participating
county, with the consent of the public authority in that county, or
the public authority, with the consent of the participating county,
shall contract with a voluntary nonprofit or proprietary agency,
pursuant to Section 12302.
(B) Severely impaired recipients in each participating county may
continue to receive supportive services through the county's public
authority, or may choose to receive services through the voluntary
nonprofit or proprietary agency, pursuant to paragraph (1).
Recipients who choose to receive services through the voluntary
nonprofit or proprietary agency shall be compensated only for those
services described in the recipients' then-existing care plan, as
approved by the county social worker.
(4) Administrative costs of the pilot project, including the cost
of developing guidelines other than the guidelines in this section
and the cost of administering the project and providing oversight,
shall not be paid by the state. Instead, an estimate of
administrative costs shall be included in the county request for
proposal for each contract with the voluntary nonprofit or
proprietary agency and administrative costs shall then be paid by the
agency up to the amount estimated unless the county and agency reach
an alternative cost-sharing agreement in the contract that does not
involve state participation.
(b) (1) (A) For purposes of this section, to the extent possible,
all providers employed by the voluntary nonprofit or proprietary
agency shall be persons previously listed on the public authority's
registry. The agency shall, pursuant to the contract, continually
recruit and provide the public authority with names of new workers
for the registry.
(B) The voluntary nonprofit or proprietary agency in each
participating county shall provide for training for all providers
recruited pursuant to this paragraph. A public authority may retain
the voluntary nonprofit or proprietary agency to provide these
services for and under the direction of the public authority. A
public authority shall not be eligible to receive reimbursement for
any costs associated with administering the pilot project. This shall
not prohibit any public authority from using the funding it receives
pursuant to paragraph (4) of subdivision (a) for newsletters and
other means of communication about training opportunities available
through the voluntary nonprofit or proprietary agency.
(C) All providers employed by the voluntary nonprofit or
proprietary agency shall be paid no less than the wages and benefits
provided for in the public authority's collective bargaining
agreement, provided that this provision shall not obligate the state
to participate in a contract rate higher than the maximum allowable
contract rate. However, providers employed by the voluntary nonprofit
or proprietary agency are not covered by any existing collective
bargaining agreements with the public authority.
(2) A voluntary nonprofit or proprietary agency that contracts
with a participating county pursuant to subdivision (a) shall perform
all of the following duties:
(A) Maintain a live, on-call emergency service response system
that is available 24 hours a day, seven days a week.
(B) Replace or supplement providers for a recipient who needs
immediate service for the sake of preserving his or her health or
safety within two hours of notification.
(C) To the extent possible, employ the recipient's preferred
provider or providers.
(D) If required by the county, provide emergency backup services
to severely impaired IHSS recipients when there is an unexpected
interruption in services.
(E) Maintain a list of its providers with the public authority.
(F) Establish and maintain an upskilling program, based on
practices in existing agency contracts, wherein employees may have
the opportunity to use work experience and training toward upward
movement on a long-term care career ladder. Any costs associated with
the development and maintenance of the upskilling program shall be
paid solely by the voluntary nonprofit or proprietary agency.
(G) Be liable for any fraud, waste, or abuse for which it is
responsible.
(3) For the duration of the pilot project, supportive services not
provided in any month due to hospitalization, illness, refusal, or
other cause not within the control of the provider shall not be made
up in a subsequent period without caseworker approval.
(c) (1) In each participating county, the IHSS advisory committee,
as described in Section 12301.3, shall monitor the pilot program.
(2) Each participating county shall not be eligible to receive
state reimbursement of administrative costs associated with
monitoring the pilot program. Any administrative costs incurred by a
public authority for monitoring the pilot project shall be paid to
the public authority pursuant to paragraph (4) of subdivision (a).
Any advisory committee expenses incurred as a result of this pilot
project, if determined to be reimbursable to the county, shall be
reimbursed with the current advisory committee allocation.
(3) Each county pilot project shall continue for four years,
provided that if a county takes action to terminate a contract for
cause, as defined in the contract, it may then terminate its
participation in the pilot project. By the end of the third year,
each participating county shall provide for an independent evaluation
to assess the success of the pilot program, based on all of the
following criteria:
(A) Consumer satisfaction.
(B) Cost-effectiveness.
(C) Average turnover of providers.
(D) The effect of the pilot project on non-IHSS vendors, workers,
and referral agencies.
(E) Worker satisfaction.
(F) The extent to which counties identify, refer to, and work with
appropriate agencies in investigation, administrative action, or
prosecution of instances of fraud, as defined in subdivision (a) of
Section 12305.8, in the provision of supportive services.
(d) All costs associated with the independent evaluation shall be
paid solely by the voluntary nonprofit or proprietary agency.
(e) The independent evaluation shall be sent directly to the
appropriate policy and fiscal committees of the Legislature.
(f) County social workers shall continue to establish eligibility,
needs, and frequency of service and serve as recipient advocates, as
appropriate.
SEC. 197. Section 14005.25 of the Welfare and Institutions Code,
as amended by Section 27 of Chapter 758 of the Statutes of 2008, is
amended to read:
14005.25. (a) To the extent federal financial participation is
available, the department shall exercise the option under Section
1902(e)(12) of the federal Social Security Act (42 U.S.C. Sec. 1396a
(e)(12)) to extend continuous eligibility to children 19 years of age
and younger. A child shall remain eligible pursuant to this
subdivision from the date of a determination of eligibility for
Medi-Cal benefits until the earlier of either:
(1) The end of a 12-month period following the eligibility
determination.
(2) The date the individual exceeds the age of 19 years.
(b) This section shall be implemented only if, and to the extent
that, federal financial participation is available.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall, without taking regulatory action, implement this
section by means of all-county letters or similar instructions.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(d) In order to implement changes in the level of funding for
health care services, commencing on the first day of the month
following 90 days after the operative date of Chapter 758 of the
Statutes of 2008, the continuous eligibility time period provided in
paragraph (1) of subdivision (a) shall be reduced to six months.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 198. Section 14005.25 of the Welfare and Institutions Code,
as added by Section 28 of Chapter 758 of the Statutes of 2008, is
amended to read:
14005.25. (a) To the extent federal financial participation is
available, the department shall exercise the option under Section
1902(e)(12) of the federal Social Security Act (42 U.S.C. Sec. 1396a
(e)(12)) to extend continuous eligibility to children 19 years of age
and younger. A child shall remain eligible pursuant to this
subdivision from the date of a determination of eligibility for
Medi-Cal benefits until the earlier of either:
(1) The end of a 12-month period following the eligibility
determination.
(2) The date the individual exceeds the age of 19 years.
(b) This section shall be implemented only if, and to the extent
that, federal financial participation is available.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall, without taking regulatory action, implement this
section by means of all-county letters or similar instructions.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(d) This section shall become operative on January 1, 2012.
SEC. 199. Section 14007.9 of the Welfare and Institutions Code is
amended to read:
14007.9. (a) The department shall adopt the option made available
under Section 1902(a)(10)(A)(ii)(XIII) of the federal Social
Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(ii)(XIII)). In order to
be eligible for benefits under this section, an individual shall be
required to meet all of the following requirements:
(1) His or her net countable income is less than 250 percent of
the federal poverty level for one person or, if the deeming of
spousal income applies to the individual, his or her net countable
income is less than 250 percent of the federal poverty level for two
persons.
(2) He or she is disabled under Title II of the Social Security
Act (42 U.S.C. Sec. 401 et seq.), Title XVI of the Social Security
Act (42 U.S.C. Sec. 1381 et seq.), or Section 1902(v) of the Social
Security Act (42 U.S.C. Sec. 1396a(v)). An individual shall be
determined to be eligible under this section without regard to his or
her ability to engage in, or actual engagement in, substantial
gainful activity, as defined in Section 223(d)(4) of the Social
Security Act (42 U.S.C. Sec. 423(d)(4)).
(3) Except as otherwise provided in this section, his or her net
nonexempt resources, which shall be determined in accordance with the
methodology used under Title XVI of the federal Social Security Act
(42 U.S.C. Sec. 1381 et seq.), are not in excess of the limits
provided for under those provisions.
(b) (1) Countable income shall be determined under Section 1612 of
the federal Social Security Act (42 U.S.C. Sec. 1382a), except that
the individual's disability income, including all federal and state
disability benefits and private disability insurance, shall be
exempted. Resources excluded under Section 1613 of the federal Social
Security Act (42 U.S.C. Sec. 1382b) shall be disregarded.
(2) Resources in the form of employer or individual retirement
arrangements authorized under the Internal Revenue Code shall be
exempted as authorized by Section 1902(r) of the federal Social
Security Act (42 U.S.C. Sec. 1396a(r)).
(c) Medi-Cal benefits provided under this chapter pursuant to this
section shall be available in the same amount, duration, and scope
as those benefits are available for persons who are eligible for
Medi-Cal benefits as categorically needy persons and as specified in
Section 14007.5.
(d) Individuals eligible for Medi-Cal benefits under this section
shall be subject to the payment of premiums determined under this
subdivision. The department shall establish sliding-scale premiums
that are based on countable income, with a minimum premium of twenty
dollars ($20) per month and a maximum premium of two hundred fifty
dollars ($250) per month, and shall, by regulations, annually adjust
the premiums. Prior to adjustment of any premiums pursuant to this
subdivision, the department shall submit a report of proposed premium
adjustments to the appropriate committees of the Legislature as part
of the annual budget process.
(e) The department shall adopt regulations specifying the process
for discontinuance of eligibility under this section for nonpayment
of premiums for more than two months by a beneficiary.
(f) In order to implement the collection of premiums under this
section, the department may develop and execute a contract with a
public or private entity to collect premiums, or may amend any
existing or future premium-collection contract that it has executed.
Notwithstanding any other provision of law, any contract developed
and executed or amended pursuant to this subdivision is exempt from
the approval of the Director of General Services and from the Public
Contract Code.
(g) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall implement, without taking
any regulatory action, this section by means of an all-county letter
or similar instruction. Thereafter, the department shall adopt
regulations in accordance with the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(h) Notwithstanding any other provision of law, this section shall
be implemented only if, and to the extent that, the department
determines that federal financial participation is available pursuant
to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396
et seq.).
(i) Subject to subdivision (h), this section shall be implemented
commencing April 1, 2000.
SEC. 200. Section 14011.16 of the Welfare and Institutions Code is
amended to read:
14011.16. (a) Commencing August 1, 2003, the department shall
implement a requirement for beneficiaries to file semiannual status
reports as part of the department's procedures to ensure that
beneficiaries make timely and accurate reports of any change in
circumstance that may affect their eligibility. The department shall
develop a simplified form to be used for this purpose. The department
shall explore the feasibility of using a form that allows a
beneficiary who has not had any changes to so indicate by checking a
box and signing and returning the form.
(b) Beneficiaries who have been granted continuous eligibility
under Section 14005.25 shall not be required to submit semiannual
status reports. To the extent federal financial participation is
available, all children under 19 years of age shall be exempt from
the requirement to submit semiannual status reports.
(c) For any period of time that the continuous eligibility period
described in paragraph (1) of subdivision (a) of Section 14005.25 is
reduced to six months, subdivision (b) shall become inoperative, and
all children under 19 years of age shall be required to file
semiannual status reports.
(d) Beneficiaries whose eligibility is based on a determination of
disability or on their status as aged or blind shall be exempt from
the semiannual status report requirement described in subdivision
(a). The department may exempt other groups from the semiannual
status report requirement as necessary for simplicity of
administration.
(e) When a beneficiary has completed, signed, and filed a
semiannual status report that indicated a change in circumstance,
eligibility shall be redetermined.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(g) This section shall be implemented only if and to the extent
federal financial participation is available.
SEC. 201. Section 14091.3 of the Welfare and Institutions Code is
amended to read:
14091.3. (a) For purposes of this section, the following
definitions shall apply:
(1) "Medi-Cal managed care plan contracts" means those contracts
entered into with the department by any individual, organization, or
entity pursuant to Article 2.7 (commencing with Section 14087.3),
Article 2.8 (commencing with Section 14087.5), Article 2.91
(commencing with Section 14089), or Article 1 (commencing with
Section 14200) or Article 7 (commencing with Section 14490) of
Chapter 8, or Chapter 8.75 (commencing with Section 14590).
(2) "Medi-Cal managed care health plan" means an individual,
organization, or entity operating under a Medi-Cal managed care plan
contract with the department under this chapter, Chapter 8
(commencing with Section 14200), or Chapter 8.75 (commencing with
Section 14590).
(b) The department shall take all appropriate steps to amend the
Medicaid State Plan, if necessary, to carry out this section. This
section shall be implemented only to the extent that federal
financial participation is available. The department shall adopt
rules and regulations to carry out this section. Until January 1,
2010, any rules and regulations adopted pursuant to this subdivision
may be adopted as emergency regulations in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety or general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State.
(c) Any hospital that does not have in effect a contract with a
Medi-Cal managed care health plan, as defined in paragraph (2) of
subdivision (a), that establishes payment amounts for services
furnished to a beneficiary enrolled in that plan shall accept as
payment in full, from all these plans, the following amounts:
(1) For outpatient services, the Medi-Cal Fee-For-Service (FFS)
payment amounts.
(2) For emergency inpatient services, the average per diem
contract rate specified in paragraph (2) of subdivision (b) of
Section 14166.245, except that the payment amount shall not be
reduced by 5 percent. For the purposes of this paragraph, this
payment amount shall apply to all hospitals, including hospitals that
contract with the department under the Medi-Cal Selective Provider
Contracting Program described in Article 2.6 (commencing with Section
14081), and small and rural hospitals specified in Section 124840 of
the Health and Safety Code.
(3) For poststabilization services following an emergency
admission, payment amounts shall be consistent with subdivision (e)
of Section 438.114 of Title 42 of the Code of Federal Regulations.
This paragraph shall only be implemented to the extent that contract
amendment language providing for these payments is approved by CMS.
For purposes of this paragraph, this payment amount shall apply to
all hospitals, including hospitals that contract with the department
under the Medi-Cal Selective Provider Contracting Program pursuant to
Article 2.6 (commencing with Section 14081).
(d) Medi-Cal managed care health plans that, pursuant to the
department's encouragement in All Plan Letter 07003, have been paying
out-of-network hospitals the most recent California Medical
Assistance Commission regional average per diem rate as a temporary
rate for purposes of Section 1932(b)(2)(D) of the Social Security Act
(SSA), which became effective January 1, 2007, shall make
reconciliations and adjustments for all hospital payments made since
January 1, 2007, based upon rates published by the department
pursuant to Section 1932(b)(2)(D) of the SSA and effective January 1,
2007, to June 30, 2008, inclusive, and, if applicable, provide
supplemental payments to hospitals as necessary to make payments that
conform with Section 1932(b)(2)(D) of the SSA. In order to provide
managed care health plans with 60 working days to make any necessary
supplemental payments to hospitals prior to these payments becoming
subject to the payment of interest, Section 1300.71 of Title 28 of
the California Code of Regulations shall not apply to these
supplemental payments until 30 working days following the publication
by the department of the rates.
(e) (1) The department shall provide a written report to the
policy and fiscal committees of the Legislature on October 1, 2009,
and May 1, 2010, on the implementation and impact made by this
section, including the impact of these changes on access to hospitals
by managed care enrollees and on contracting between hospitals and
managed care health plans, including the increase or decrease in the
number of these contracts.
(2) Not later than August 1, 2010, the department shall report to
the Legislature on the implementation of this section. The report
shall include, but not be limited to, information and analyses
addressing managed care enrollee access to hospital services, the
impact of this section on managed care health plan capitation rates,
the impact of this section on the extent of contracting between
managed care health plans and hospitals, and fiscal impact on the
state.
(3) For the purposes of preparing the annual status reports and
the final evaluation report required pursuant to this subdivision,
Medi-Cal managed care health plans shall provide the department with
all data and documentation, including contracts with providers,
including hospitals, as deemed necessary by the department to
evaluate the impact of the implementation of this section. In order
to ensure the confidentiality of managed care health plan proprietary
information, and thereby enable the department to have access to all
of the data necessary to provide the Legislature with accurate and
meaningful information regarding the impact of this section, all
information and documentation provided to the department pursuant to
this section shall be considered proprietary and shall be exempt from
disclosure as official information pursuant to subdivision (k) of
Section 6254 of the Government Code as contained in the California
Public Records Act (Division 7 (commencing with Section 6250) of
Title 1 of the Government Code).
(f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 202. Section 14105.19 of the Welfare and Institutions Code is
amended to read:
14105.19. (a) Notwithstanding any other provision of law, in
order to implement changes in the level of funding for health care
services, the director shall reduce provider payments as specified in
this section.
(b) (1) Except as provided in subdivision (c), payments shall be
reduced by 10 percent for Medi-Cal fee-for-service benefits for dates
of service on and after July 1, 2008, through and including dates of
service on February 28, 2009.
(2) Except as provided in subdivision (c), payments shall be
reduced by 10 percent for non-Medi-Cal programs described in Article
6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code, and Section 14105.18 of this
code, for dates of service on and after July 1, 2008, through and
including dates of service on February 28, 2009.
(3) For managed health care plans that contract with the
department pursuant to this chapter, Chapter 8 (commencing with
Section 14200), and Chapter 8.75 (commencing with Section 14590),
payments shall be reduced by the actuarial equivalent amount of the
payment reduction specified in this subdivision pursuant to contract
amendments or change orders effective on July 1, 2008.
(4) Notwithstanding paragraphs (1) and (2), payment reductions set
forth in this subdivision shall apply to small and rural hospitals,
as defined in Section 124840 of the Health and Safety Code, for dates
of service on and after July 1, 2008, through and including October
31, 2008.
(c) The services listed in this subdivision shall be exempt from
the payment reductions specified in subdivision (b):
(1) Acute hospital inpatient services, except for payments to
hospitals not under contract with the State Department of Health Care
Services, as provided in Section 14166.245.
(2) Federally qualified health center services, including those
facilities deemed to have federally qualified health center status
pursuant to a waiver under subdivision (a) of Section 1315 of Title
42 of the United States Code.
(3) Rural health clinic services.
(4) All of the following facilities:
(A) A skilled nursing facility licensed pursuant to subdivision
(c) of Section 1250 of the Health and Safety Code, except a skilled
nursing facility that is a distinct part of a general acute care
hospital. For purposes of this paragraph, "distinct part" has the
same meaning as defined in Section 72041 of Title 22 of the
California Code of Regulations.
(B) An intermediate care facility for the developmentally disabled
licensed pursuant to subdivision (e), (g), or (h) of Section 1250 of
the Health and Safety Code, or a facility providing continuous
skilled nursing care to developmentally disabled individuals pursuant
to the pilot project established by Section 14495.10.
(C) A subacute care unit, as defined in Section 51215.5 of Title
22 of the California Code of Regulations.
(5) Payments to facilities owned or operated by the State
Department of Mental Health or the State Department of Developmental
Services.
(6) Hospice.
(7) Contract services as designated by the director pursuant to
subdivision (e).
(8) Payments to providers to the extent that the payments are
funded by means of a certified public expenditure or an
intergovernmental transfer pursuant to Section 433.51 of Title 42 of
the Code of Federal Regulations.
(9) Services pursuant to local assistance contracts and
interagency agreements to the extent the funding is not included in
the funds appropriated to the department in the annual Budget Act.
(10) Payments to Medi-Cal managed care plans pursuant to Section
4474.5 for services to consumers transitioning from Agnews
Developmental Center into Alameda, San Mateo, and Santa Clara
Counties pursuant to the Plan for the Closure of Agnews Developmental
Center.
(11) Breast and cervical cancer treatment provided pursuant to
Section 14007.71.
(12) The Family Planning, Access, Care, and Treatment (Family
PACT) Waiver Program pursuant to Section 14105.18.
(d) Subject to the exception for services listed in subdivision
(c), the payment reductions required by subdivision (b) shall apply
to the services rendered by any provider who may be authorized to
bill for the service, including, but not limited to, physicians,
podiatrists, nurse practitioners, certified nurse-midwives, nurse
anesthetists, and organized outpatient clinics.
(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement this section by means of a provider
bulletin, or similar instruction, without taking regulatory action.
(f) The reductions described in this section shall apply only to
payments for services when the General Fund share of the payment is
paid with funds directly appropriated to the department in the annual
Budget Act and shall not apply to payments for services paid with
funds appropriated to other departments or agencies.
(g) The department shall promptly seek any necessary federal
approvals for the implementation of this section.
SEC. 203. Section 14105.191 of the Welfare and Institutions Code
is amended to read:
14105.191. (a) Notwithstanding any other provision of law, in
order to implement changes in the level of funding for health care
services, the director shall reduce provider payments, as specified
in this section.
(b) (1) Except as otherwise provided in this section, payments
shall be reduced by 1 percent for Medi-Cal fee-for-service benefits
for dates of service on and after March 1, 2009.
(2) Except as provided in subdivision (d), for dates of service on
and after March 1, 2009, payments to the following classes of
providers shall be reduced by 5 percent for Medi-Cal fee-for-service
benefits:
(A) Intermediate care facilities, excluding those facilities
identified in paragraph (5) of subdivision (d). For purposes of this
section, "intermediate care facility" has the same meaning as defined
in Section 51118 of Title 22 of the California Code of Regulations.
(B) Skilled nursing facilities that are distinct parts of general
acute care hospitals. For purposes of this section, "distinct part"
has the same meaning as defined in Section 72041 of Title 22 of the
California Code of Regulations.
(C) Rural swing-bed facilities.
(D) Subacute care units that are, or are parts of, distinct parts
of general acute care hospitals. For purposes of this subparagraph,
"subacute care unit" has the same meaning as defined in Section
51215.5 of Title 22 of the California Code of Regulations.
(E) Pediatric subacute care units that are, or are parts of,
distinct parts of general acute care hospitals. For purposes of this
subparagraph, "pediatric subacute care unit" has the same meaning as
defined in Section 51215.8 of Title 22 of the California Code of
Regulations.
(F) Adult day health care centers.
(3) Except as provided in subdivision (d), for dates of service on
and after March 1, 2009, Medi-Cal fee-for-service payments to
pharmacies shall be reduced by 5 percent.
(4) Except as provided in subdivision (d), payments shall be
reduced by 1 percent for non-Medi-Cal programs described in Article 6
(commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code, and Section 14105.18 of this code,
for dates of service on and after March 1, 2009.
(5) For managed health care plans that contract with the
department pursuant to this chapter, Chapter 8 (commencing with
Section 14200), and Chapter 8.75 (commencing with Section 14590),
payments shall be reduced by the actuarial equivalent amount of the
payment reductions specified in this subdivision pursuant to contract
amendments or change orders effective on July 1, 2008, or
thereafter.
(c) Notwithstanding any other provision of this section, payments
to hospitals that are not under contract with the State Department of
Health Care Services pursuant to Article 2.6 (commencing with
Section 14081) for inpatient hospital services provided to Medi-Cal
beneficiaries and that are subject to Section 14166.245 shall be
governed by that section.
(d) To the extent applicable, the services, facilities, and
payments listed in this subdivision shall be exempt from the payment
reductions specified in subdivision (b):
(1) Acute hospital inpatient services that are paid under
contracts pursuant to Article 2.6 (commencing with Section 14081).
(2) Federally qualified health center services, including those
facilities deemed to have federally qualified health center status
pursuant to a waiver pursuant to subsection (a) of Section 1115 of
the federal Social Security Act (42 U.S.C. Sec. 1315(a)).
(3) Rural health clinic services.
(4) Skilled nursing facilities licensed pursuant to subdivision
(c) of Section 1250 of the Health and Safety Code other than those
specified in paragraph (2) of subdivision (b).
(5) Intermediate care facilities for the developmentally disabled
licensed pursuant to subdivision (e), (g), or (h) of Section 1250 of
the Health and Safety Code, or facilities providing continuous
skilled nursing care to developmentally disabled individuals pursuant
to the pilot project established by Section 14495.10.
(6) Payments to facilities owned or operated by the State
Department of Mental Health or the State Department of Developmental
Services.
(7) Hospice services.
(8) Contract services, as designated by the director pursuant to
subdivision (f).
(9) Payments to providers to the extent that the payments are
funded by means of a certified public expenditure or an
intergovernmental transfer pursuant to Section 433.51 of Title 42 of
the Code of Federal Regulations.
(10) Services pursuant to local assistance contracts and
interagency agreements to the extent the funding is not included in
the funds appropriated to the department in the annual Budget Act.
(11) Payments to Medi-Cal managed care plans pursuant to Section
4474.5 for services to consumers transitioning from Agnews
Developmental Center into the Counties of Alameda, San Mateo, and
Santa Clara pursuant to the Plan for the Closure of Agnews
Developmental Center.
(12) Breast and cervical cancer treatment provided pursuant to
Section 14007.71 and as described in paragraph (3) of subdivision (a)
of Section 14105.18 or Article 1.5 (commencing with Section 104160)
of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code.
(13) The Family Planning, Access, Care, and Treatment (Family
PACT) Waiver Program pursuant to Section 14105.18.
(14) Small and rural hospitals, as defined in Section 124840 of
the Health and Safety Code.
(e) Subject to the exemptions listed in subdivision (d), the
payment reductions required by paragraph (1) of subdivision (b) shall
apply to the benefits rendered by any provider who may be authorized
to bill for provision of the benefit, including, but not limited to,
physicians, podiatrists, nurse practitioners, certified
nurse-midwives, nurse anesthetists, and organized outpatient clinics.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement and administer this section by means of
provider bulletins, or similar instructions, without taking
regulatory action.
(g) The reductions described in this section shall apply only to
payments for benefits when the General Fund share of the payment is
paid with funds directly appropriated to the department in the annual
Budget Act, and shall not apply to payments for benefits paid with
funds appropriated to other departments or agencies.
(h) The department shall promptly seek any necessary federal
approvals for the implementation of this section. To the extent that
federal financial participation is not available with respect to any
payment that is reduced pursuant to this section, the director may
elect not to implement such reduction.
SEC. 204. Section 14105.3 of the Welfare and Institutions Code is
amended to read:
14105.3. (a) The department is considered to be the purchaser,
but not the dispenser or distributor, of prescribed drugs under the
Medi-Cal program for the purpose of enabling the department to obtain
from manufacturers of prescribed drugs the most favorable price for
those drugs furnished by one or more manufacturers, based upon the
large quantity of the drugs purchased under the Medi-Cal program, and
to enable the department, notwithstanding any other provision of
state law, to obtain from the manufacturers discounts, rebates, or
refunds based on the quantities purchased under the program, insofar
as may be permissible under federal law. Nothing in this section
shall interfere with usual and customary distribution practices in
the drug industry.
(b) The department may enter into exclusive or nonexclusive
contracts on a bid or negotiated basis with manufacturers,
distributors, dispensers, or suppliers of appliances, durable medical
equipment, medical supplies, and other product-type health care
services and with laboratories for clinical laboratory services for
the purpose of obtaining the most favorable prices to the state and
to assure adequate quality of the product or service. Except as
provided in subdivision (f), this subdivision shall not apply to
prescribed drugs dispensed by pharmacies licensed pursuant to Article
7 (commencing with Section 4110) of Chapter 9 of Division 2 of the
Business and Professions Code.
(c) Notwithstanding subdivision (b), the department may not enter
into a contract with a clinical laboratory unless the clinical
laboratory operates in conformity with Chapter 3 (commencing with
Section 1200) of Division 2 of the Business and Professions Code and
the regulations adopted thereunder, and Section 263a of Title 42 of
the United States Code and the regulations adopted thereunder.
(d) The department shall contract with manufacturers of
single-source drugs on a negotiated basis, and with manufacturers of
multisource drugs on a bid or negotiated basis.
(e) In order to ensure and improve access by Medi-Cal
beneficiaries to both hearing aid appliances and provider services,
and to ensure that the state obtains the most favorable prices, the
department, by June 30, 2008, shall enter into exclusive or
nonexclusive contracts, on a bid or negotiated basis, for purchasing
hearing aid appliances.
(f) In order to provide specialized care in the distribution of
specialized drugs, as identified by the department and that include,
but are not limited to, blood factors and immunizations, the
department may enter into contracts with providers licensed to
dispense dangerous drugs or devices pursuant to Chapter 9 (commencing
with Section 4000) of Division 2 of the Business and Professions
Code, for programs that qualify for federal funding pursuant to the
medicaid state plan, or waivers and the programs authorized by
Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of,
and Article 1 (commencing with Section 125125) of Chapter 2 of Part
5 of, Division 106 of the Health and Safety Code, in accordance with
this subdivision.
(1) The department shall, for purposes of ensuring proper patient
care, consult current standards of practice when executing a provider
contract.
(2) The department shall, for purposes of ensuring quality of care
to people with unique conditions requiring specialty drugs, contract
with a nonexclusive number of providers that meets the needs of the
affected population, covers all geographic regions in California, and
reflects the distribution of the specialty drug in the community.
The department may use a single provider in the event the product
manufacturer designates a sole-source delivery mechanism. The
department shall consult with interested parties and appropriate
stakeholders in implementing this section with respect to all of the
following:
(A) Notifying stakeholder representatives of the potential
inclusion or exclusion of drugs in the specialty pharmacy program.
(B) Allowing for written input regarding the potential inclusion
or exclusion of drugs into the specialty pharmacy program.
(C) Scheduling at least one public meeting regarding the potential
inclusion or exclusion of drugs into the specialty pharmacy program.
(D) Obtaining a recommendation from the Medi-Cal Drug Utilization
Review Advisory Committee, established pursuant to Section 1927 of
the federal Social Security Act (42 U.S.C. Sec. 1396r-8), on the
inclusion or exclusion of drugs into the specialty pharmacy program
distribution based on clinical best practices related to each drug
considered.
(3) For purposes of this subdivision, the definition of "blood
factors" has the same meaning as that term is defined in Section
14105.86.
(4) The department shall make every reasonable effort to ensure
all medically necessary clotting factor therapies are available for
the treatment of people with bleeding disorders.
(5) The department shall generate an annual report, published
publicly six months after the end of the first and second years after
implementation, which shall include, but not be limited to, all of
the following information:
(A) The number and geographic distribution of participating
providers.
(B) The number and geographic distribution of beneficiaries
receiving specialty drugs, including on a per-provider basis.
(C) A summary of problems and complaints received regarding the
specialty pharmacy program.
(D) An evaluation of hospital and emergency services before and
after implementation for the targeted patient population.
(E) Results of patient satisfaction surveys.
(F) The cost-effectiveness of the program.
(6) This subdivision shall become inoperative three years after
the date of implementation, as provided pursuant to a notice to the
public issued by the department, or until July 1, 2013, whichever is
earlier.
(g) The department may contract with an intermediary to establish
provider contracts pursuant to this section for programs that qualify
for federal funding pursuant to the medicaid state plan or waivers
and the programs authorized by Article 5 (commencing with Section
123800) of Chapter 3 of Part 2 of, and Article 1 (commencing with
Section 125125) of Chapter 2 of Part 5 of, Division 106 of the Health
and Safety Code.
(h) In carrying out contracting activity for this or any section
associated with the Medi-Cal list of contract drugs, notwithstanding
Section 19130 of the Government Code, the department may contract,
either directly or through the fiscal intermediary, for pharmacy
consultant staff necessary to accomplish the contracting process or
treatment authorization request reviews. The fiscal intermediary
contract, including any contract amendment, system change pursuant to
a change order, and project or systems development notice shall be
exempt from Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code and any policies, procedures, or regulations
authorized by these provisions.
(i) In order to achieve maximum cost savings the Legislature
hereby determines that an expedited contract process for contracts
under this section is necessary. Therefore contracts under this
section shall be exempt from Chapter 2 (commencing with Section
10290) of Part 2 of Division 2 of the Public Contract Code.
(j) For purposes of implementing the contracting provisions
specified in this section, the department shall do all of the
following:
(1) Ensure adequate access for Medi-Cal patients to quality
laboratory testing services in the geographic regions of the state
where contracting occurs.
(2) Consult with the statewide association of clinical
laboratories and other appropriate stakeholders on the implementation
of the contracting provisions specified in this section to ensure
maximum access for Medi-Cal patients consistent with the savings
targets projected by the 2002-03 Budget Conference Committee for
clinical laboratory services provided under the Medi-Cal program.
(3) Consider which types of laboratories are appropriate for
implementing the contracting provisions specified in this section,
including independent laboratories, outreach laboratory programs of
hospital-based laboratories, clinic laboratories, physician office
laboratories, and group practice laboratories.
SEC. 205. Section 14105.86 of the Welfare and Institutions Code is
amended to read:
14105.86. (a) For the purposes of this section, the following
definitions apply:
(1) (A) "Average sales price" means the price reported to the
federal Centers for Medicare and Medicaid Services by the
manufacturer pursuant to Section 1847A of the federal Social Security
Act (42 U.S.C. Sec. 1395w-3a).
(B) "Average manufacturer price" means the price reported to the
federal Centers for Medicare and Medicaid Services pursuant to
Section 1927 of the federal Social Security Act (42 U.S.C. Sec.
1396r-8).
(2) "Blood factors" means plasma protein therapies and their
recombinant analogs. Blood factors include, but are not limited to,
all of the following:
(A) Coagulation factors, including:
(i) Factor VIII, nonrecombinant.
(ii) Factor VIII, porcine.
(iii) Factor VIII, recombinant.
(iv) Factor IX, nonrecombinant.
(v) Factor IX, complex.
(vi) Factor IX, recombinant.
(vii) Antithrombin III.
(viii) Anti-inhibitor factor.
(ix) Von Willebrand factor.
(x) Factor VIIa, recombinant.
(B) Immune Globulin Intravenous.
(C) Alpha-1 Proteinase Inhibitor.
(b) The reimbursement for blood factors shall be by national drug
code number and shall not exceed 120 percent of the average sales
price of the last quarter reported.
(c) The average sales price for blood factors of manufacturers or
distributors that do not report an average sales price pursuant to
subdivision (a) shall be identical to the average manufacturer price.
The average sales price for new products that do not have a
calculable average sales price or average manufacturer price shall be
equal to a projected sales price, as reported by the manufacturer to
the department. Manufacturers reporting a projected sales price for
a new product shall report the first monthly average manufacturer
price reported to the federal Centers for Medicare and Medicaid
Services. The reporting of an average sales price that does not meet
the requirement of this subdivision shall result in that blood factor
no longer being considered a covered benefit.
(d) The average sales price shall be reported at the national drug
code level to the department on a quarterly basis.
(e) (1) Effective July 1, 2008, the department shall collect a
state rebate, in addition to rebates pursuant to other provisions of
state or federal law, for blood factors reimbursed pursuant to this
section by programs that qualify for federal drug rebates pursuant to
Section 1927 of the federal Social Security Act (42 U.S.C. Sec.
1396r-8) or otherwise qualify for federal funds under Title XIX of
the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.)
pursuant to the medicaid state plan or waivers and the programs
authorized by Article 5 (commencing with Section 123800) of Chapter 3
of Part 2 of, and Article 1 (commencing with Section 125125) of
Chapter 2 of Part 5 of, Division 106 of the Health and Safety Code.
The state rebate shall be negotiated as necessary between the
department and the manufacturer. Manufacturers who do not execute an
agreement to pay additional rebates pursuant to this section shall
have their blood factors available only through an approved treatment
or service authorization request. All blood factors that meet the
definition of a covered outpatient drug pursuant to Section 1927 of
the federal Social Security Act (42 U.S.C. Sec. 1396r-8) shall remain
a benefit subject to the utilization controls provided for in this
section.
(2) In reviewing authorization requests, the department shall
approve the lowest net cost product that meets the beneficiary's
medical need. The review of medical need shall take into account a
beneficiary's clinical history or the use of the blood factor
pursuant to payment by another third party, or both.
(f) A beneficiary may obtain blood factors that require a
treatment or service authorization request pursuant to subdivision
(e) if the beneficiary qualifies for continuing care status. To be
eligible for continuing care status, a beneficiary must be taking the
blood factor and the department has reimbursed a claim for the blood
factor with a date of service that is within 100 days prior to the
date the blood factor was placed on treatment authorization request
status. A beneficiary may remain eligible for continuing care status,
provided that a claim is submitted for the blood factor in question
at least every 100 days and the date of service of the claim is
within 100 days of the date of service of the last claim submitted
for the same blood factor.
(g) Changes made to the list of covered blood factors under this
or any other section shall be exempt from the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code), and shall not be subject to the review and
approval of the Office of Administrative Law.
SEC. 206. Section 14107.2 of the Welfare and Institutions Code is
amended to read:
14107.2. (a) Any person who solicits or receives any
remuneration, including, but not restricted to, any kickback, bribe,
or rebate, directly or indirectly, overtly or covertly, in cash or in
valuable consideration of any kind, either:
(1) In return for the referral, or promised referral, of any
individual to a person for the furnishing or arranging for the
furnishing of any service or merchandise for which payment may be
made, in whole or in part, under this chapter or Chapter 8
(commencing with Section 14200); or
(2) In return for the purchasing, leasing, ordering, or arranging
for or recommending the purchasing, leasing, or ordering of any
goods, facility, service or merchandise for which payment may be
made, in whole or in part, under this chapter or Chapter 8
(commencing with Section 14200), is punishable upon a first
conviction by imprisonment in a county jail for not longer than one
year or state prison, or by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine. A second or
subsequent conviction shall be punishable by imprisonment in the
state prison.
(b) Any person who offers or pays any remuneration, including, but
not restricted to, any kickback, bribe, or rebate, directly or
indirectly, overtly or covertly, in cash or in valuable consideration
of any kind, either:
(1) To refer any individual to a person for the furnishing or
arranging for furnishing of any service or merchandise for which
payment may be made, in whole or in part, under this chapter or
Chapter 8 (commencing with Section 14200); or
(2) To purchase, lease, order, or arrange for or recommend the
purchasing, leasing, or ordering of any goods, facility, service, or
merchandise for which payment may be made, in whole or in part, under
this chapter or Chapter 8 (commencing with Section 14200), is
punishable upon a first conviction by imprisonment in a county jail
for not longer than one year or state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine. A second or subsequent conviction shall be
punishable by imprisonment in the state prison.
(c) Subdivisions (a) and (b) shall not apply to the following:
(1) Any amount paid by an employer to an employee, who has a bona
fide employment relationship with that employer, for employment with
provision of covered items or services.
(2) A discount or other reduction in price obtained by a provider
of services or other entity under this chapter or Chapter 8
(commencing with Section 14200), if the reduction in price is
properly disclosed and reflected in the costs claimed or charges made
by the provider or entity under this chapter or Chapter 8
(commencing with Section 14200). This paragraph shall not apply to
consultant pharmaceutical services rendered to nursing facilities nor
to all categories of intermediate care facilities for the
developmentally disabled.
(3) The practices or transactions between a federally qualified
health center, as defined in Section 1396d(l)(2)(B) of Title 42 of
the United States Code, and any individual or entity shall be
permitted only to the extent sanctioned or permitted by federal law.
(4) The provision of nonmonetary remuneration in the form of
hardware, software, or information technology and training services,
as described in subsections (x) and (y) of Section 1001.952 of Title
42 of the Code of Federal Regulations, as amended October 4, 2007, as
published in the Federal Register (72 Fed. Reg. 56631, 56644), and
subsequently amended versions.
(d) For purposes of this section, "kickback" means a rebate or
anything of value or advantage, present or prospective, or any
promise or undertaking to give any rebate or thing of value or
advantage, with a corrupt intent to unlawfully influence the person
to whom it is given in actions undertaken by that person in his or
her public, professional, or official capacity.
(e) The enforcement remedies provided under this section are not
exclusive and shall not preclude the use of any other criminal or
civil remedy.
SEC. 207. Section 14126.033 of the Welfare and Institutions Code
is amended to read:
14126.033. (a) This article, including Section 14126.031, shall
be funded as follows:
(1) General Fund moneys appropriated for purposes of this article
pursuant to Section 6 of the act adding this section shall be used
for increasing rates, except as provided in Section 14126.031, for
freestanding skilled nursing facilities, and shall be consistent with
the approved methodology required to be submitted to the federal
Centers for Medicare and Medicaid Services pursuant to Article 7.6
(commencing with Section 1324.20) of Chapter 2 of Division 2 of the
Health and Safety Code.
(2) (A) Notwithstanding Section 14126.023, for the 2005-06 rate
year, the maximum annual increase in the weighted average Medi-Cal
rate required for purposes of this article shall not exceed 8 percent
of the weighted average Medi-Cal reimbursement rate for the 2004-05
rate year as adjusted for the change in the cost to the facility to
comply with the nursing facility quality assurance fee for the
2005-06 rate year, as required under subdivision (b) of Section
1324.21 of the Health and Safety Code, plus the total projected
Medi-Cal cost to the facility of complying with new state or federal
mandates.
(B) Beginning with the 2006-07 rate year, the maximum annual
increase in the weighted average Medi-Cal reimbursement rate required
for purposes of this article shall not exceed 5 percent of the
weighted average Medi-Cal reimbursement rate for the prior fiscal
year, as adjusted for the projected cost of complying with new state
or federal mandates.
(C) Beginning with the 2007-08 rate year and continuing through
the 2008-09 rate year, the maximum annual increase in the weighted
average Medi-Cal reimbursement rate required for purposes of this
article shall not exceed 5.5 percent of the weighted average Medi-Cal
reimbursement rate for the prior fiscal year, as adjusted for the
projected cost of complying with new state or federal mandates.
(D) For the 2009-10 and 2010-11 rate years, the maximum annual
increase in the weighted average Medi-Cal reimbursement rate required
for purposes of this article shall not exceed 5 percent of the
weighted average Medi-Cal reimbursement rate for the prior fiscal
year, as adjusted for the projected cost of complying with new state
or federal mandates.
(E) To the extent that new rates are projected to exceed the
adjusted limits calculated pursuant to subparagraphs (A) to (D),
inclusive, as applicable, the department shall adjust the increase to
each skilled nursing facility's projected rate for the applicable
rate year by an equal percentage.
(b) The rate methodology shall cease to be implemented on and
after July 31, 2011.
(c) (1) It is the intent of the Legislature that the
implementation of this article result in individual access to
appropriate long-term care services, quality resident care, decent
wages and benefits for nursing home workers, a stable workforce,
provider compliance with all applicable state and federal
requirements, and administrative efficiency.
(2) Not later than December 1, 2006, the Bureau of State Audits
shall conduct an accountability evaluation of the department's
progress toward implementing a facility-specific reimbursement
system, including a review of data to ensure that the new system is
appropriately reimbursing facilities within specified cost categories
and a review of the fiscal impact of the new system on the General
Fund.
(3) Not later than January 1, 2007, to the extent information is
available for the three years immediately preceding the
implementation of this article, the department shall provide baseline
information in a report to the Legislature on all of the following:
(A) The number and percent of freestanding skilled nursing
facilities that complied with minimum staffing requirements.
(B) The staffing levels prior to the implementation of this
article.
(C) The staffing retention rates prior to the implementation of
this article.
(D) The numbers and percentage of freestanding skilled nursing
facilities with findings of immediate jeopardy, substandard quality
of care, or actual harm, as determined by the certification survey of
each freestanding skilled nursing facility conducted prior to the
implementation of this article.
(E) The number of freestanding skilled nursing facilities that
received state citations and the number and class of citations issued
during calendar year 2004.
(F) The average wage and benefits for employees prior to the
implementation of this article.
(4) Not later than January 1, 2009, the department shall provide a
report to the Legislature that does both of the following:
(A) Compares the information required in paragraph (2) to that
same information two years after the implementation of this article.
(B) Reports on the extent to which residents who had expressed a
preference to return to the community, as provided in Section 1418.81
of the Health and Safety Code, were able to return to the community.
(5) The department may contract for the reports required under
this subdivision.
(d) This section shall become inoperative on July 31, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute,
that is enacted before January 1, 2012, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 208. Section 14126.034 of the Welfare and Institutions Code
is amended to read:
14126.034. (a) (1) The department shall convene a workgroup of
interested stakeholders to make recommendations to the department to
ensure compliance with the intent of this article, as provided in
subdivision (a) of Section 14126.02.
(2) (A) Interested stakeholders shall include consumers or their
representatives, or both, including current or former skilled nursing
facility residents, and family members of current or former skilled
nursing facility residents, or both, seniors or their
representatives, or both, skilled nursing facility representatives,
labor representatives, and people with disabilities and disability
rights advocates.
(B) A stakeholder workgroup of 18 members shall be convened
representing interested stakeholders from the groups listed in
subparagraph (A), with six members selected from each of the
following areas of interest:
(i) Consumers.
(ii) Skilled nursing facility labor.
(iii) Skilled nursing facilities.
(C) Interested stakeholders within each of the areas of interest
in subparagraph (B) shall nominate and select six members within
their area of interest to serve on the stakeholder workgroup to
represent their interests.
(D) The stakeholder workgroup shall also include representatives
from the department, the Office of the State Long-Term Care
Ombudsman, the State Department of Public Health, the Office of
Statewide Health Planning and Development, with members appointed by
their respective directors, or their designee, and may also include
legislative staff, academics, and other state department
representatives, including, but not limited to, representatives from
the California Department of Aging and the State Department of
Developmental Services.
(b) (1) Each stakeholder workgroup meeting shall be chaired by a
facilitator from an organization independent of the department and
any of the stakeholder groups, to the extent that foundation funding
is made available for this purpose. If no funds are made available
for this purpose, the department shall facilitate the stakeholder
workgroup meetings.
(2) The consumers, skilled nursing facility labor, and skilled
nursing facility stakeholder workgroup members shall each select one
representative who will meet with the department and the facilitator
to develop meeting agendas after having solicited input from each
representative's respective stakeholder group.
(3) To the extent that foundation funding is made available,
stakeholder workgroup members shall receive reimbursement for any
actual, necessary, and reasonable expenses incurred in connection
with their duties as members of the workgroup.
(c) The department shall assign staff as needed to assist the
stakeholder workgroup in carrying out its responsibilities.
(d) In developing recommendations, the stakeholder workgroup shall
consider the structure of, and potential changes to, the
facility-specific ratesetting system, developed pursuant to Section
14126.023, that may improve the quality of resident care. The
stakeholder workgroup members may take into consideration the
following factors, or any other factors deemed relevant to ensure the
quality of resident care:
(1) Skilled nursing facility staffing levels, including, but not
limited to, compliance with existing staffing requirements.
(2) Skilled nursing facility staff wages and benefits, including,
but not limited to, geographic disparities in wages and benefits.
(3) Skilled nursing facility staff turnover and retention.
(4) Deficiency reports issued as a result of both surveys and
complaint investigations, to the extent that they may be disclosed as
public records, and the enforcement actions taken under federal
certification and state licensing laws and regulations.
(5) Skilled nursing facility compliance with assessments required
to ascertain residents' preference for, and ability to return to, the
community as required by Section 1418.81 of the Health and Safety
Code, including necessary followthrough to assure care necessary for
a resident to transition out of skilled nursing facility care and
into the community.
(6) The extent to which this article encourages compliance with
the United States Supreme Court decision in Olmstead v. L.C. ex rel.
Zimring (1999) 527 U.S. 581, including using the ratesetting system
to increase Olmstead compliance.
(7) Health care efficiency.
(8) Health care safety.
(9) The extent to which a pay-for-performance program may
contribute to improving the quality of resident care and appropriate
performance measures for a pay-for-performance program.
(10) Preventable emergency room visits and rehospitalizations.
(11) Resident and family satisfaction with care and resident's
quality of life, including improvements on ways to measure
satisfaction.
(12) Recommendations for methods to evaluate the effectiveness of
the facility-specific ratesetting system, defined in Section
14126.023, in meeting the intent of this article, pursuant to Section
14126.02.
(13) Additional quality measures, including, but not limited to,
adequate nutrition and ready availability of durable medical
equipment.
(e) The department shall convene the stakeholder workgroup no
later than one month following the effective date of this section.
The stakeholder workgroup shall meet a minimum of six times through
December 31, 2008. Subcommittees may be convened and meet as
necessary.
(f) In addition to recommendations provided during stakeholder
workgroup meetings, individual members of the stakeholder workgroup
and any other interested stakeholders may provide to the department
any additional written recommendations on the items considered in the
stakeholder workgroup meetings.
(g) The department shall provide technical assistance to the
stakeholder workgroup to evaluate the feasibility of its
recommendations so that the stakeholder workgroup will have the
benefit of the department's analysis when discussing and reviewing
proposed recommendations.
(h) The department shall review and analyze all recommendations
from the stakeholder workgroup, individual workgroup members, and any
other interested stakeholders, and, no later than March 1, 2009, the
department shall deliver to the Legislature, both of the following:
(1) The complete recommendations of the stakeholder workgroup,
individual workgroup members, and any other interested stakeholders.
(2) The department's analysis of the feasibility to implement the
proposed recommendations.
(i) (1) The stakeholder workgroup may continue to meet to carry
out its responsibilities pursuant to subdivision (d) for an extension
period of up to one year. During this extension period, the
stakeholder workgroup shall meet at least quarterly as agreed by the
department and those members selected pursuant to paragraph (2) of
subdivision (a).
(2) During the extension period the stakeholder workgroup's
activities may include assisting the department or Legislature, or
both, to enact improvements to the ratesetting system.
(j) The department shall seek partnership with one or more
independent, nonprofit groups or foundations, academic institutions,
or governmental entities providing grants for health-related
activities, to support stakeholder workgroup efforts.
(k) The department shall seek necessary legislative changes to
implement the stakeholder workgroup's recommendations that the
department determines are feasible to implement as part of the
reauthorization of this section.
(l) The department may meet the intent of this article, as stated
in subdivision (a) of Section 14126.02, by using the stakeholder
workgroup's recommendations in order to design an evaluation of the
effectiveness of the facility-specific ratesetting system established
pursuant to Section 14126.023.
(m) Implementation and administration of this section is not
dependent on the availability of foundation funding.
SEC. 209. Section 14132.725 of the Welfare and Institutions Code
is amended to read:
14132.725. (a) Commencing July 1, 2006, to the extent that
federal financial participation is available, face-to-face contact
between a health care provider and a patient shall not be required
under the Medi-Cal program for teleophthalmology and teledermatology
by store and forward. Services appropriately provided through the
store and forward process are subject to billing and reimbursement
policies developed by the department.
(b) For purposes of this section, "teleophthalmology and
teledermatology by store and forward" means an asynchronous
transmission of medical information to be reviewed at a later time by
a physician at a distant site who is trained in ophthalmology or
dermatology, where the physician at the distant site reviews the
medical information without the patient being present in real time. A
patient receiving teleophthalmology or teledermatology by store and
forward shall be notified of the right to receive interactive
communication with the distant specialist physician, and shall
receive an interactive communication with the distant specialist
physician, upon request. If requested, communication with the distant
specialist physician may occur either at the time of the
consultation, or within 30 days of the patient's notification of the
results of the consultation.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, and make specific this section
by means of all-county letters, provider bulletins, and similar
instructions.
(d) On or before January 1, 2008, the department shall report to
the Legislature the number and type of services provided, and the
payments made related to the application of store and forward
telemedicine as provided, under this section as a Medi-Cal benefit.
(e) The health care provider shall comply with the informed
consent provisions of subdivisions (c) to (g), inclusive, of, and
subdivisions (i) and (j) of, Section 2290.5 of the Business and
Professions Code when a patient receives teleophthalmology or
teledermatology by store and forward.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 210. Section 14154 of the Welfare and Institutions Code is
amended to read:
14154. (a) The department shall establish and maintain a plan
whereby costs for county administration of the determination of
eligibility for benefits under this chapter shall be effectively
controlled within the amounts annually appropriated for that
administration. The plan, to be known as the County Administrative
Cost Control Plan, shall establish standards and performance
criteria, including workload, productivity, and support services
standards, to which counties shall adhere. The plan shall include
standards for controlling eligibility determination costs that are
incurred by performing eligibility determinations at county
hospitals, or that are incurred due to the outstationing of any other
eligibility function. Except as provided in Section 14154.15,
reimbursement to a county for outstationed eligibility functions
shall be based solely on productivity standards applied to that
county's welfare department office. The plan shall be part of a
single state plan, jointly developed by the department and the State
Department of Social Services, in conjunction with the counties, for
administrative cost control for the California Work Opportunity and
Responsibility to Kids (CalWORKs), Food Stamp, and Medical Assistance
(Medi-Cal) programs. Allocations shall be made to each county and
shall be limited by and determined based upon the County
Administrative Cost Control Plan. In administering the plan to
control county administrative costs, the department shall not
allocate state funds to cover county cost overruns that result from
county failure to meet requirements of the plan. The department and
the State Department of Social Services shall budget, administer, and
allocate state funds for county administration in a uniform and
consistent manner.
(b) Nothing in this section, Section 15204.5, or Section 18906
shall be construed so as to limit the administrative or budgetary
responsibilities of the department in a manner that would violate
Section 14100.1, and thereby jeopardize federal financial
participation under the Medi-Cal program.
(c) (1) The Legislature finds and declares that in order for
counties to do the work that is expected of them, it is necessary
that they receive adequate
funding, including adjustments for reasonable annual
cost-of-doing-business increases. The Legislature further finds and
declares that linking appropriate funding for county Medi-Cal
administrative operations, including annual cost-of-doing-business
adjustments, with performance standards will give counties the
incentive to meet the performance standards and enable them to
continue to do the work they do on behalf of the state. It is
therefore the Legislature's intent to provide appropriate funding to
the counties for the effective administration of the Medi-Cal program
at the local level to ensure that counties can reasonably meet the
purposes of the performance measures as contained in this section.
(2) It is the intent of the Legislature to not appropriate funds
for the cost-of-doing-business adjustment for the 2008-09 fiscal
year.
(d) The department is responsible for the Medi-Cal program in
accordance with state and federal law. A county shall determine
Medi-Cal eligibility in accordance with state and federal law. If in
the course of its duties the department becomes aware of accuracy
problems in any county, the department shall, within available
resources, provide training and technical assistance as appropriate.
Nothing in this section shall be interpreted to eliminate any remedy
otherwise available to the department to enforce accurate county
administration of the program. In administering the Medi-Cal
eligibility process, each county shall meet the following performance
standards each fiscal year:
(1) Complete eligibility determinations as follows:
(A) Ninety percent of the general applications without applicant
errors and that are complete shall be completed within 45 days.
(B) Ninety percent of the applications for Medi-Cal based on
disability shall be completed within 90 days, excluding delays by the
state.
(2) (A) The department shall establish best-practice guidelines
for expedited enrollment of newborns into the Medi-Cal program,
preferably with the goal of enrolling newborns within 10 days after
the county is informed of the birth. The department, in consultation
with counties and other stakeholders, shall work to develop a process
for expediting enrollment for all newborns, including those born to
mothers receiving CalWORKs assistance.
(B) Upon the development and implementation of the best-practice
guidelines and expedited processes, the department and the counties
may develop an expedited enrollment timeframe for newborns that is
separate from the standards for all other applications, to the extent
that the timeframe is consistent with these guidelines and
processes.
(C) Notwithstanding the rulemaking procedures of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement this section by
means of all-county letters or similar instructions, without further
regulatory action.
(3) Perform timely annual redeterminations, as follows:
(A) Ninety percent of the annual redetermination forms shall be
mailed to the recipient by the anniversary date.
(B) Ninety percent of the annual redeterminations shall be
completed within 60 days of the recipient's annual redetermination
date for those redeterminations based on forms that are complete and
have been returned to the county by the recipient in a timely manner.
(C) Ninety percent of those annual redeterminations where the
redetermination form has not been returned to the county by the
recipient shall be completed by sending a notice of action to the
recipient within 45 days after the date the form was due to the
county.
(D) When a child is determined by the county to change from no
share of cost to a share of cost and the child meets the eligibility
criteria for the Healthy Families Program established under Section
12693.98 of the Insurance Code, the child shall be placed in the
Medi-Cal-to-Healthy Families Bridge Benefits Program, and these cases
shall be processed as follows:
(i) Ninety percent of the families of these children shall be sent
a notice informing them of the Healthy Families Program within five
working days from the determination of a share of cost.
(ii) Ninety percent of all annual redetermination forms for these
children shall be sent to the Healthy Families Program within five
working days from the determination of a share of cost if the parent
has given consent to send this information to the Healthy Families
Program.
(iii) Ninety percent of the families of these children placed in
the Medi-Cal-to-Healthy Families Bridge Benefits Program who have not
consented to sending the child's annual redetermination form to the
Healthy Families Program shall be sent a request, within five working
days of the determination of a share of cost, to consent to send the
information to the Healthy Families Program.
(E) Subparagraph (D) shall not be implemented until 60 days after
the Medi-Cal and Joint Medi-Cal and Healthy Families applications and
the Medi-Cal redetermination forms are revised to allow the parent
of a child to consent to forward the child's information to the
Healthy Families Program.
(e) The department shall develop procedures in collaboration with
the counties and stakeholder groups for determining county review
cycles, sampling methodology and procedures, and data reporting.
(f) On January 1 of each year, each applicable county, as
determined by the department, shall report to the department on the
county's results in meeting the performance standards specified in
this section. The report shall be subject to verification by the
department. County reports shall be provided to the public upon
written request.
(g) If the department finds that a county is not in compliance
with one or more of the standards set forth in this section, the
county shall, within 60 days, submit a corrective action plan to the
department for approval. The corrective action plan shall, at a
minimum, include steps that the county shall take to improve its
performance on the standard of standards with which the county is out
of compliance. The plan shall establish interim benchmarks for
improvement that shall be expected to be met by the county in order
to avoid a sanction.
(h) (1) If a county does not meet the performance standards for
completing eligibility determinations and redeterminations as
specified in this section, the department may, at its sole
discretion, reduce the allocation of funds to that county in the
following year by 2 percent. Any funds so reduced may be restored by
the department if, in the determination of the department, sufficient
improvement has been made by the county in meeting the performance
standards during the year for which the funds were reduced. If the
county continues not to meet the performance standards, the
department may reduce the allocation by an additional 2 percent for
each year thereafter in which sufficient improvement has not been
made to meet the performance standards.
(2) No reduction of the allocation of funds to a county shall be
imposed pursuant to this subdivision for failure to meet performance
standards during any period of time in which the
cost-of-doing-business increase is suspended.
(i) The department shall develop procedures, in collaboration with
the counties and stakeholders, for developing instructions for the
performance standards established under subparagraph (D) of paragraph
(3) of subdivision (c), no later than September 1, 2005.
(j) No later than September 1, 2005, the department shall issue a
revised annual redetermination form to allow a parent to indicate
parental consent to forward the annual redetermination form to the
Healthy Families Program if the child is determined to have a share
of cost.
(k) The department, in coordination with the Managed Risk Medical
Insurance Board, shall streamline the method of providing the Healthy
Families Program with information necessary to determine Healthy
Families eligibility for a child who is receiving services under the
Medi-Cal-to-Healthy Families Bridge Benefits Program.
SEC. 211. Section 14154.5 of the Welfare and Institutions Code is
amended to read:
14154.5. (a) Each county shall work, on a routine basis, any
error alert from the department's Medi-Cal Eligibility Data System
(MEDS). Any alert that affects eligibility or the share of cost that
is received by the 10th working day of the month shall be processed
in time for the change to be effective the beginning of the following
month. Any alert that affects eligibility or the share of cost that
is received after the 10th working day of the month shall be
processed in time for the change to be effective the beginning of the
month after the following month. The department shall consult with
the County Welfare Directors Association to define those alerts that
affect eligibility or the share of cost.
(b) The county shall submit reconciliation files of its Medi-Cal
eligible population to the department every three months, based upon
a schedule determined by the department and in a format prescribed by
the department, to identify any discrepancies between eligibility
files in the county records and eligibility as reflected in MEDS.
Counties shall be notified of any changes to the standard format for
submitting reconciliation files sufficiently in advance to allow for
budgeting, scheduling, development, testing, and implementation of
any required change in county automated eligibility systems.
(c) For those records that are on the county's files, but not on
MEDS, the county shall receive worker alerts from the department that
identify these cases, and the county shall fix any data
discrepancies. Any worker alert received by the 10th working day of
the month shall be processed in time for the change to be effective
the beginning of the following month. Any worker alert received after
the 10th working day of the month shall be processed in time for the
change to be effective the beginning of the month after the
following month.
(d) In regard to any record that is on MEDS but not on the county'
s file, the county shall either correct the county record or MEDS,
whichever is appropriate, within the same timeframes specified in
subdivision (c).
(e) The department shall terminate a MEDS-eligible record if the
person is not eligible on the county's file when there has been no
eligibility update on the MEDS record for six months.
(f) (1) If the department finds that a county is not performing
all of the following activities, the county shall, within 60 days,
submit a corrective action plan to the department for approval:
(A) Conducting reconciliations as required in subdivision (b).
(B) Processing 95 percent of worker alerts referred to in
subdivisions (c) and (d), within the timeframes specified.
(C) Processing 90 percent of the error alerts referred to in
subdivision (a) that affect eligibility or the share of cost, within
the timeframes specified.
(2) The corrective action plan shall, at a minimum, include steps
that the county shall take to improve its performance on the
requirements with which the county is out of compliance. The plan
shall establish interim benchmarks for improvement that shall be
expected to be met by the county in order to avoid sanctions.
(g) (1) If the county does not meet the interim benchmarks for
improvement standards, the department may, in its sole discretion,
reduce the allocation of funds to that county in the following year
by 2 percent. Any funds so reduced may be restored by the department
if, in the determination of the department, sufficient improvement
has been made by the county in meeting the performance standards
during the year for which the funds were reduced.
(2) No reduction of the allocation of funds to a county shall be
imposed pursuant to this subdivision for failure to meet performance
standards during any period of time in which the
cost-of-doing-business increase is suspended.
(h) The department, in consultation with the County Welfare
Directors Association, shall investigate features that could be
installed in MEDS to reduce the number of alerts and streamline the
reconciliation process.
(i) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement, interpret, or
make specific this section by means of all-county letters, provider
bulletins, or similar instructions. Thereafter, the department may
adopt regulations in accordance with the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 212. Section 14166.9 of the Welfare and Institutions Code is
amended to read:
14166.9. (a) The department, in consultation with the designated
public hospitals, shall determine the mix of sources of federal funds
for payments to the designated public hospitals in a manner that
provides baseline funding to hospitals and maximizes federal Medicaid
funding to the state during the term of the demonstration project.
Federal funds shall be claimed according to the following priorities:
(1) The certified public expenditures of the designated public
hospitals for inpatient hospital services and physician and
nonphysician practitioner services, as identified in subdivision (e)
of Section 14166.4, rendered to Medi-Cal beneficiaries.
(2) Federal disproportionate share hospital allotment, subject to
the federal hospital-specific limit, in the following order:
(A) Those hospital expenditures that are eligible for federal
financial participation only from the federal disproportionate share
hospital allotment.
(B) Payments funded with intergovernmental transfers, consistent
with the requirements of the demonstration project, up to the
hospital's baseline funding amount or adjusted baseline funding
amount, as appropriate, for the project year.
(C) Any other certified public expenditures for hospital services
that are eligible for federal financial participation from the
federal disproportionate share hospital allotment.
(3) Safety net care pool funds, using the optimal combination of
hospital-certified public expenditures and certified public
expenditures of a hospital, or governmental entity with which the
hospital is affiliated, that operates nonhospital clinics or provides
physician, nonphysician practitioner, or other health care services
that are not identified as hospital services under the Special Terms
and Conditions for the demonstration project, except that certified
public expenditures reported by the County of Los Angeles or its
designated public hospitals shall be the exclusive source of
certified public expenditures for claiming those federal funds
deposited in the South Los Angeles Medical Services Preservation Fund
under Section 14166.25.
(4) Health care expenditures of the state that represent alternate
state funding mechanisms approved by the federal Centers for
Medicare and Medicaid Services under the demonstration project as set
forth in Section 14166.22.
(b) The department shall implement these priorities, to the extent
possible, in a manner that minimizes the redistribution of federal
funds that are based on the certified public expenditures of the
designated public hospitals.
(c) The department may adjust the claiming priorities to the
extent that these adjustments result in additional federal medicaid
funding during the term of the demonstration project or facilitate
the objectives of subdivision (b).
(d) There is hereby established in the State Treasury the
"Demonstration Disproportionate Share Hospital Fund." All federal
funds received by the department with respect to the certified public
expenditures claimed pursuant to subparagraphs (A) and (C) of
paragraph (2) of subdivision (a) shall be transferred to the fund.
Notwithstanding Section 13340 of the Government Code, the fund shall
be continuously appropriated to the department solely for the
purposes specified in Section 14166.6.
(e) (1) Except as provided in Section 14166.25, all federal safety
net care pool funds claimed and received by the department based on
health care expenditures incurred by the designated public hospitals,
or other governmental entities, shall be transferred to the Health
Care Support Fund, established pursuant to Section 14166.21.
(2) The department shall separately identify and account for
federal safety net care pool funds claimed and received by the
department under the health care coverage initiative program
authorized under Part 3.5 (commencing with Section 15900) and under
paragraphs 43 and 44 of the Special Terms and Conditions for the
demonstration project.
(3) With respect to those funds identified under paragraph (2),
the department shall separately identify and account for federal
safety net care pool funds claimed and received for inpatient
hospital services rendered under the health care coverage initiative,
including services rendered to enrollees of a managed care
organization, by designated public hospitals, nondesignated public
hospitals, and project year private DSH hospitals.
SEC. 213. Section 14166.25 of the Welfare and Institutions Code is
amended to read:
14166.25. (a) The Legislature finds and declares all of the
following:
(1) In light of the closure of Los Angeles County Martin Luther
King, Jr.-Harbor Hospital, there is a need to ensure adequate funding
for continued health care services to the uninsured population of
South Los Angeles, including, but not limited to, the Cities of
Compton, Lynwood, South Gate, and Huntington Park, the southern and
central portions of the Cities of Los Angeles, Inglewood, Gardena,
and surrounding unincorporated communities.
(2) The state, the County of Los Angeles, and all health care
providers in the South Los Angeles community must work together to
meet the health care needs of the community until the critical
hospital services previously provided by Los Angeles County Martin
Luther King, Jr.-Harbor Hospital can be restored at this location.
(3) The Medi-Cal Hospital/Uninsured Care Demonstration Project
provides a critical source of funding for services to low-income
communities throughout the state that are provided by California's
safety net hospital systems.
(4) The special funding provided in this section is predicated on
the express intent of the County of Los Angeles to restore hospital
services on the hospital campus, to be operated by either a private
or public entity. The county has undertaken a specific plan to do so
as quickly as possible.
(5) The Legislature anticipates that demonstration project funds
will be available to help fund the reopened hospital. The nature and
amount of that funding cannot be determined until the new structure
and operation of the hospital is known.
(6) As an interim response to the specific circumstances caused by
the closure of this hospital, and until hospital services can be
restored at this location, a special fund will be created to receive
demonstration project funding to be available to the County of Los
Angeles for expenditures to preserve health care services for the
uninsured population of South Los Angeles, as defined above.
(b) The South Los Angeles Medical Services Preservation Fund is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, the fund shall be continuously appropriated
to the department for the purposes specified in this section.
(c) Subject to the conditions in this section, a maximum amount of
one hundred million dollars ($100,000,000) of the safety net care
pool funds claimed and received by the state that are based on the
certified public expenditures of the County of Los Angeles or its
designated public hospitals shall be transferred to the South Los
Angeles Medical Services Preservation Fund for each of the three
project years, 2007-08, 2008-09, and 2009-10.
(1) In the event that the director determines that any amount is
due to the County of Los Angeles under the demonstration project for
services rendered during the portion of a project year during which
Los Angeles County Martin Luther King, Jr.-Harbor Hospital was
operational, the amount deposited in the fund under this subdivision
shall be reduced by a percentage determined by reducing 100 percent
by the percentage reduction in the hospital's baseline as determined
under subdivision (c) of Section 14166.5 for that project year.
(2) If, in the aggregate, the federal medical assistance
percentage of the certified public expenditures reported by the
County of Los Angeles and its designated public hospitals under
Section 14166.8, excluding those certified public expenditures
reported under paragraph (1) of subdivision (b) of Section 14166.8,
in any project year do not exceed the amounts paid or payable to the
county and its designated public hospitals in the aggregate under
Section 14166.6, excluding disproportionate share payments funded
with intergovernmental transfers, Section 14166.7, and subdivision
(d) for the same project year, then the amount deposited in the fund
under subdivision (c) shall be reduced by the amount of excess
payments over the federal medical assistance percentage of certified
public expenditures.
(d) Moneys in the South Los Angeles Medical Services Preservation
Fund shall be distributed to the County of Los Angeles in amounts
equal to the costs incurred by the county, including indirect costs
associated with adequately maintaining the hospital building so that
it can be reopened, in providing, or compensating other providers
for, health services rendered to the uninsured population of South
Los Angeles, including all of the following:
(1) Services provided in the multiservice ambulatory care center
operating on the former Los Angeles County Martin Luther King,
Jr.-Harbor Hospital campus.
(2) Services rendered to patients in beds at other designated
public hospitals operated by the County of Los Angeles that have been
opened specifically for the purpose of serving patients that would
have been served by the former Los Angeles County Martin Luther King,
Jr.-Harbor Hospital.
(3) Services rendered in the county-operated health center and the
comprehensive health center formerly operated under Los Angeles
County Martin Luther King, Jr.-Harbor Hospital.
(4) Services rendered to the uninsured by other public or private
health care providers for which the County of Los Angeles has agreed
to pay under a contract with the provider as a result of the
downsizing or closure of Los Angeles County Martin Luther King,
Jr.-Harbor Hospital.
(e) As a condition for receiving distributions from the South Los
Angeles Medical Services Preservation Fund in any project year, the
County of Los Angeles shall assure the director that it will not
reduce the county's ongoing, systemwide financial contribution to the
county department of health services during that project year for
health care services to the uninsured.
(f) No funds shall be available from the South Los Angeles Medical
Services Preservation Fund for services rendered when a hospital on
the former Los Angeles County Martin Luther King, Jr.-Harbor Hospital
campus is certified for Medi-Cal participation.
(g) If the full amount of the South Los Angeles Medical Services
Preservation Fund for any project year is not distributed to the
County of Los Angeles, based on the cost of services identified in
subdivision (d) that were rendered during that project year, any
remaining amounts shall revert to the Health Care Support Fund
established pursuant to Section 14166.21.
(h) To the extent that the County of Los Angeles receives
distributions from the South Los Angeles Medical Services
Preservation Fund based on the cost of services rendered by
county-operated providers, or based on payments made to private
providers for services rendered to the uninsured population of South
Los Angeles, the costs of the services rendered shall not be
considered for purposes of any of the following determinations with
respect to either the county or the private provider:
(1) Medi-Cal payments under the selective provider contracting
program under Article 2.6 (commencing with Section 14081), including
payments to distressed hospitals under Section 14166.23.
(2) Baseline amounts, or adjustments thereto, under Section
14166.5, 14166.13, or 14166.18.
(3) Any other payment under Medi-Cal or other health care program.
(i) This section shall be implemented only to the extent that the
director determines that it will not result in the loss of federal
funds under the demonstration project.
SEC. 214. Section 14199.2 of the Welfare and Institutions Code is
amended to read:
14199.2. (a) The pilot program provided for under this article
shall provide the necessary information to assess the effectiveness
of pharmacist care in improving health outcomes for HIV/AIDS
patients. If the department determines that the pilot program has
shown that HIV/AIDS-related medication therapy management service is
effective at improving the health outcomes of HIV/AIDS patients and
is cost effective, then the department may seek federal
authorization, through a state plan amendment or medicaid waiver
application, to receive federal financial participation for this
service.
(b) The department shall implement an HIV/AIDS-related medication
therapy management service pilot project in no more than 10
pharmacies.
(c) The selection of the pharmacy providers shall be based on all
of the following:
(1) Percentage of HIV/AIDS patients serviced by the pharmacy. More
than 90 percent of the total patients serviced by the pharmacy in
the months of May, June, and July 2004, must have been HIV/AIDS
patients.
(2) Ability of the pharmacy to immediately provide specialized
services. The provider shall be required to establish specialized
services with capability to implement all statutorily mandated
services on the implementation date of the project. The pharmacy
shall provide all the services listed in subdivision (e).
(3) All specialized services shall be rendered by a qualified
pharmacist or other health care provider operating within his or her
scope of practice. The department shall develop, in consultation with
pharmacy providers, the appropriate professional qualifications
needed by the pharmacists rendering services, including any
continuing education requirements.
(d) The department shall select the first pharmacies that apply
and meet the criteria specified in subdivision (c) for the pilot
program.
(e) Pharmacies that participate in this pilot program shall
provide the following services:
(1) Patient-specific and individualized services provided directly
by a pharmacist to the patient or, in limited circumstances, the
patient's caregiver. These services are distinct from generalized
patient education and information activities already required by law
and provided for in the professional fee for dispensing.
(2) Face-to-face interaction between the patient or caregiver and
the pharmacist during delivery of medication therapy management
services. When barriers to face-to-face communication exist, patients
shall have equitable access to appropriate alternative delivery
methods.
(3) Pharmacists and other qualified health care providers to
identify patients who should receive medication therapy management
services.
(f) The department shall consult with the pilot program pharmacies
to establish appropriate outcome measures and the required
timeframes for reporting those measures, which in no case shall be
less than annually. The department shall retain the ability to
require additional outcome measures during the course of the project.
(g) The medication therapy management services shall be based on
the individual patient's needs and may include, but are not limited
to, the following:
(1) Performing or obtaining necessary assessments of the patient's
health status.
(2) Formulating a medication treatment plan.
(3) Selecting, initiating, modifying, or administering medication
therapy.
(4) Monitoring and evaluating the patient's response to therapy,
including safety and effectiveness.
(5) Performing a comprehensive medication review to identify,
resolve, and prevent medication-related problems, including adverse
drug events.
(6) Documenting the care delivered and communicating essential
information to the patient's other primary care providers.
(7) Providing verbal education and training, beyond what is
already required by law, that is designed to enhance patient
understanding and appropriate use of the patient's medications.
(8) Providing information, support services, and resources, such
as compliance packaging, designed to enhance patient adherence to his
or her therapeutic regimens.
(9) Coordinating and integrating medication therapy management
services within the broader health care management services being
provided to the patient.
(10) Home delivery of medications.
(h) Participants in this pilot program shall be paid an additional
dispensing fee of nine dollars and fifty cents ($9.50) per
prescription for drug products added to or maintained on the Medi-Cal
List of Contract Drugs pursuant to Section 14105.43 for services
rendered on or after July 1, 2008.
(i) Notwithstanding any other provision of law, the department
shall not make any payments for services listed in subdivision (g)
that were rendered during any time period in which subdivision (b) of
Section 14105.45 has been enjoined by a court order or is otherwise
not in effect.
(j) Pilot project contracts under this section may be executed on
a noncompetitive bid basis and shall be exempt from the requirements
of Chapter 2 (commencing with Section 10290) of Part 2 of Division 2
of the Public Contract Code.
(k) Pharmacies shall maintain a sufficient quantity of HIV/AIDS
medication in their inventories.
(l) Pharmacies shall purchase HIV medications from state-licensed
wholesalers.
SEC. 215. Section 14301.1 of the Welfare and Institutions Code is
amended to read:
14301.1. (a) For rates established on or after August 1, 2007,
the department shall pay capitation rates to health plans
participating in the Medi-Cal managed care program using actuarial
methods and may establish health-plan- and county-specific rates. The
department shall utilize a county- and model-specific rate
methodology to develop Medi-Cal managed care capitation rates for
contracts entered into between the department and any entity pursuant
to Article 2.7 (commencing with Section 14087.3), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 that includes, but is not limited to, all
of the following:
(1) Health-plan-specific encounter and claims data.
(2) Supplemental utilization and cost data submitted by the health
plans.
(3) Fee-for-service data for the underlying county of operation or
other appropriate counties as deemed necessary by the department.
(4) Department of Managed Health Care financial statement data
specific to Medi-Cal operations.
(5) Other demographic factors, such as age, gender, or
diagnostic-based risk adjustments, as the department deems
appropriate.
(b) To the extent that the department is unable to obtain
sufficient actual plan data, it may substitute plan model, similar
plan, or county-specific fee-for-service data.
(c) The department shall develop rates that include administrative
costs, and may apply different administrative costs with respect to
separate aid code groups.
(d) The department shall develop rates that shall include, but are
not limited to, assumptions for underwriting, return on investment,
risk, contingencies, changes in policy, and a detailed review of
health plan financial statements to validate and reconcile costs for
use in developing rates.
(e) The department may develop rates that pay plans based on
performance incentives, including quality indicators, access to care,
and data submission.
(f) The department may develop and adopt condition-specific
payment rates for health conditions, including, but not limited to,
childbirth delivery.
(g) (1) Prior to finalizing Medi-Cal managed care capitation
rates, the department shall provide health plans with information on
how the rates were developed, including rate sheets for that specific
health plan, and provide the plans with the opportunity to provide
additional supplemental information.
(2) For contracts entered into between the department and any
entity pursuant to Article 2.8 (commencing with Section 14087.5) of
Chapter 7, the department, by June 30 of each year, or, if the budget
has not passed by that date, no later than five working days after
the budget is signed, shall provide preliminary rates for the
upcoming fiscal year.
(h) For the purposes of developing capitation rates through
implementation of this ratesetting methodology, Medi-Cal managed care
health plans shall provide the department with financial and
utilization data in a form and substance as deemed necessary by the
department to establish rates. This data shall be considered
proprietary and shall be exempt from disclosure as official
information pursuant to subdivision (k) of Section 6254 of the
Government Code as contained in the California Public Records Act
(Division 7 (commencing with Section 6250) of Title 1 of the
Government Code).
(i) The department shall report, upon request, to the fiscal and
policy committees of the respective houses of the Legislature
regarding implementation of this section.
SEC. 216. Section 14526.1 of the Welfare and Institutions Code is
amended to read:
14526.1. (a) Initial and subsequent treatment authorization
requests may be granted for up to six calendar months.
(b) Treatment authorization requests shall be initiated by the
adult day health care center, and shall include all of the following:
(1) The signature page of the history and physical form that shall
serve to document the request for adult day health care services. A
complete history and physical form, including a request for adult day
health care services signed by the participant's personal health
care provider, shall be maintained in the participant's health
record. This history and physical form shall be developed by the
department and published in the inpatient/outpatient provider manual.
The department shall develop this form jointly with the statewide
association representing adult day health care providers.
(2) The participant's individual plan of care, pursuant to Section
54211 of Title 22 of the California Code of Regulations.
(c) Every six months, the adult day health care center shall
initiate a request for an updated history and physical form from the
participant's personal health care provider using a standard update
form that shall be maintained in the participant's health record.
This update form shall be developed by the department for that use
and shall be published in the inpatient/outpatient provider manual.
The department shall develop this form jointly with the statewide
association representing adult day health care providers.
(d) Except for participants residing in an intermediate care
facility/developmentally disabled-habilitative, authorization or
reauthorization of an adult day health care treatment authorization
request shall be granted only if the participant meets all of the
following medical necessity criteria:
(1) The participant has one or more chronic or postacute medical,
cognitive, or mental health conditions that are identified by the
participant's personal health care provider as requiring one or more
of the following, without which the participant's condition will
likely deteriorate and require emergency department visits,
hospitalization, or other institutionalization:
(A) Monitoring.
(B) Treatment.
(C) Intervention.
(2) The participant has a condition or conditions resulting in
both of the following:
(A) Limitations in the performance of two or more activities of
daily living or instrumental activities of daily living, as those
terms are defined in Section 14522.3, or one or more from each
category.
(B) A need for assistance or supervision in performing the
activities identified in subparagraph (A) as related to the condition
or conditions specified in paragraph (1) of subdivision (d). That
assistance or supervision shall be in addition to any other nonadult
day health care support the participant is currently receiving in his
or her place of residence.
(3) The participant's network of non-adult day health care center
supports is insufficient to maintain the individual in the community,
demonstrated by at least one of the following:
(A) The participant lives alone and has no family or caregivers
available to provide sufficient and necessary care or supervision.
(B) The participant resides with one or more related or unrelated
individuals, but they are unwilling or unable to provide sufficient
and necessary care or supervision to the participant.
(C) The participant has family or caregivers available, but those
individuals require respite in order to continue providing sufficient
and necessary care or supervision to the participant.
(4) A high potential exists for the deterioration of the
participant's medical, cognitive, or mental health condition or
conditions in a manner likely to result in emergency department
visits, hospitalization, or other institutionalization if adult day
health care services are not provided.
(5) The participant's condition or conditions require adult day
health care services specified in subdivisions (a) to (d), inclusive,
of Section 14550.5, on each day of attendance, that are
individualized and designed to maintain the ability of the
participant to remain in the community and avoid emergency department
visits, hospitalizations, or other institutionalization.
(e) Reauthorization of an adult day health care treatment
authorization request shall be granted when the criteria specified in
subdivision (d) or (f), as appropriate, have been met and the
participant's condition would likely deteriorate if the adult day
health care services were denied.
(f) For individuals residing in an intermediate care
facility/developmentally disabled-habilitative, authorization or
reauthorization of an adult day health care treatment authorization
request shall be granted only if the resident has disabilities and a
level of functioning that are of such a nature that, without
supplemental intervention through adult day health care, placement to
a more costly institutional level of care would be likely to occur.
SEC. 217. Section 15660 of the Welfare and Institutions Code is
amended to read:
15660. (a) The Department of Justice shall secure any criminal
record of a person to determine whether the person has ever been
convicted of a violation or attempted violation of Section 243.4 of
the Penal Code, a sex offense against a minor, or of any felony that
requires registration pursuant to Section 290 of the Penal Code, or
whether the person has been convicted or incarcerated within the last
10 years as the result of committing a violation or attempted
violation of Section 273a or 273d, or subdivision (a) or (b) of
Section 368, of the Penal Code, or as the result of committing a
theft, robbery, burglary, or any felony, and shall provide a
subsequent arrest notification pursuant to Section 11105.2 of the
Penal Code, if both of the following conditions are met:
(1) An employer of the person requests the determination and
submits fingerprints of the person to the Department of Justice. For
purposes of this paragraph, "employer" includes, but is not limited
to, an in-home supportive services recipient, as defined by Section
12302.2, an aged or disabled adult who is ineligible for benefits
under Chapter 3 (commencing with Section 12000), who receives care by
a person as described in paragraph (2), any recipient of personal
care services under the Medi-Cal program pursuant to Sections
14132.95 to 14132.97, inclusive, and any public authority or
nonprofit consortium, as described in subdivision (a) of Section
12301.6.
(2) The person is unlicensed and provides nonmedical domestic or
personal care to an aged or disabled adult in the adult's own home.
(b) (1) If it is found that the person has ever been convicted of
a violation or attempted violation of Section 243.4 of the Penal
Code, a sex offense against a minor, or of any felony which requires
registration pursuant to Section 290 of the Penal Code, or that the
person has been convicted or incarcerated within the last 10 years as
the result of committing a violation or attempted violation of
Section 273a or 273d, or subdivision (a) or (b) of Section 368, of
the Penal Code, or as the result of committing a theft, robbery,
burglary, or any felony, the Department of Justice shall notify the
employer of that fact. If no criminal record information has been
recorded, the Department of Justice shall provide the employer with a
statement of that fact.
(2) Any employer may deny employment to any person who is the
subject of a report under paragraph (1) when the report indicates
that the person has committed any of the crimes identified in
paragraph (1).
(3) Nothing in this section shall be construed to require any
employer to hire any person who is the subject of a report under
paragraph (1) when the report indicates that the person has not
committed any of the crimes indicated in paragraph (1).
(c) (1) Fingerprints shall be on a card provided by the Department
of Justice for the purpose of obtaining a set of fingerprints. The
employer shall submit the fingerprints to the Department of Justice.
Within 30 calendar days of the receipt of the fingerprints, the
Department of Justice shall notify the employer of the criminal
record information, as provided in this subdivision. If no criminal
record information has been recorded, the Department of Justice shall
provide the employer with a statement of that fact as soon as
possible, but not later than 30 calendar days from the date of
receipt of the fingerprints. If new fingerprints are required for
processing, the Department of Justice shall, as soon as possible, but
not later than 30 calendar days from the date of receipt of the
fingerprints, notify the employer that the fingerprints were
illegible.
(2) Fingerprints may be taken by any local law enforcement officer
or agency for purposes of paragraph (1).
(3) Counties shall notify any recipient of, or applicant for,
in-home supportive services or personal care services under the
Medi-Cal program, upon his or her application for in-home supportive
services or personal care services or during his or her annual
redetermination, or upon the recipient's changing providers, that a
criminal record check is available, and that the check can be
performed by the Department of Justice.
(d) (1) The Department of Justice shall charge a fee to the
employer to cover the costs of administering this section.
(2) (A) If the employer is an in-home supportive services
recipient, as defined in Section 123202.2, a recipient of personal
care services under the Medi-Cal program pursuant to Sections
14132.95 to 14132.97, inclusive, or any public authority or nonprofit
consortium as described in subdivision (a) of Section 12301.6, the
fee shall be shared by the county and the state in the same ratio as
described in Section 12306.
(B) (i) Notwithstanding any other provision of law, and except as
provided in clause (ii), the department shall, no later than January
1, 2009, implement subparagraph (A) through an all-county letter from
the director.
(ii) No later than July 1, 2009, the department shall adopt
regulations to implement the provisions listed in subparagraph (A).
(e) It is the intent of the Legislature that the Department of
Justice charge a fee to cover its cost in providing services in
accordance with this section to comply with the 30-calendar-day
requirement for provision to the department of the criminal record
information, as contained in subdivision (c).
SEC. 218. Section 5 of Chapter 898 of the Statutes of 1997, as
amended by Section 1 of Chapter 318 of the Statutes of 2008, is
amended to read:
Sec. 5. (a) Notwithstanding Article 2 (commencing with Section
33110) of Chapter 2 of Part 1 of Division 24 of the Health and Safety
Code, the legislative body of the City and County of San Francisco
may, by resolution, designate the authority or any successor entity
or agency of the authority as the redevelopment agency with all of
the rights, powers, privileges, immunities, authorities, and duties
granted to a redevelopment agency pursuant to Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code, for the
purpose of acquiring, using, operating, maintaining, converting, and
redeveloping the property. Upon adoption of that resolution, the
authority shall be considered a redevelopment agency for all purposes
under state law, including, but not limited to, the purposes of
Section 21090 of the Public Resources Code.
(b) Notwithstanding any state or local law, including, without
limitation, Section 33111 of the Health and Safety Code, the board of
directors of the authority may include individuals who are officers
or employees of the City and County of San Francisco or of the San
Francisco Redevelopment Agency and those individuals are not
precluded, solely by virtue of their status as officers or employees
of the City and County of San Francisco or the San Francisco
Redevelopment Agency, from participating in decisions as members of
the board of directors.
(c) Notwithstanding Section 1090 of the Government Code and
Section C8.105 of Appendix C of the San Francisco Charter, officers
and employees of the City and County of San Francisco or the San
Francisco Redevelopment Agency are not precluded, solely by virtue of
their services as members of the board of directors, from
participating in any decisions in their capacities as officers or
employees of the City and County of San Francisco or the San
Francisco Redevelopment Agency.
(d) Notwithstanding any other provision of law, the authority's
employees are subject to the same civil service provisions as the
employees of the City and County of San Francisco.
(e) Notwithstanding any other provision of law, the authority
shall follow the same competitive bidding procedures applicable to
redevelopment agencies in California.
(f) Prior to the board of supervisor's approval of a redevelopment
plan for the property, any contract to which the authority is a
party worth more than one million dollars ($1,000,000) or with a term
of 10 or more years shall require the approval of the Board of
Supervisors of the City and County of San Francisco.
(g) Due to the unique status of the existing housing units as set
forth in this chapter, which were formerly base housing and must be
removed, the authority is not required to comply with Section 33385
of the Health and Safety Code, as long as the authority complies with
all of the following alternative requirements:
(1) The authority shall consult with and obtain the advice of the
existing Treasure Island/Yerba Buena Island Citizens Advisory Board,
as created by Resolution No. 00-41-12/21 of the Treasure Island
Development Authority Board, concerning the adoption and
implementation of a redevelopment plan for Naval Station Treasure
Island.
(2) At least 120 days before the adoption of the Redevelopment
Plan for Naval Station Treasure Island, the authority shall amend the
membership composition of the Treasure Island/Yerba Buena Island
Citizens Advisory Board to include not less than four specific slots
for residents currently residing on Naval Station Treasure Island,
including slots designated for low- and moderate-income residents.
(3) The authority shall hold at least one public meeting to
explain the new citizens advisory board composition. The authority
shall provide written notice of the public meeting explaining the new
citizens advisory board composition and the opportunity for Naval
Station Treasure Island residents to serve on the citizens advisory
board to all residents of Naval Station Treasure Island at the time
of the public meeting. The authority shall proscribe the procedure
for selection of the resident members of the citizens advisory board,
which shall require that the resident members of the citizens
advisory board be selected by a vote of the existing residents of the
Naval Station Treasure Island. All resident member seats of the
citizens advisory board added pursuant to this section shall be
filled no later than 60 days prior to the adoption of the
Redevelopment Plan for Naval Station Treasure Island. The authority
may, but is not required to, increase the size of the citizens
advisory board to include the resident members. The authority is
authorized and shall take any and all actions consistent with this
section to create specific slots for resident membership on the
citizens advisory board.
(4) Persons of low- and moderate-income lawfully occupying the
existing housing on Naval Station Treasure Island at the time the
Redevelopment Plan for Naval Station Treasure Island is adopted, and
at the time the existing housing is removed or demolished, shall be
offered new permanent housing adequate to accommodate the household
to be constructed within the redevelopment project area, at a cost or
rent not exceeding the affordable housing costs or affordable rent,
as defined by Section 50052.5 or 50053 of the Health and Safety Code,
as applicable. The redevelopment plan shall include provisions
requiring the authority to implement this subdivision.
SEC. 219. Section 2 of Chapter 235 of the Statutes of 2008 is
amended to read:
SEC. 2. The Legislature hereby finds and declares all of the
following:
(a) Section 81676.5 of the Education Code, by its own terms, was
to be repealed one year from the date that it became effective, or
when the California Supreme Court decision in 1st Street Books v.
Marin Community College District (1989) 208 Cal.App.3d 1275 was
issued, whichever occurred last.
(b) Despite the sunset provision in Section 81676.5 of the
Education Code, it was never repealed.
(c) On August 1, 1996, in SEIU Local 715 v. Board of Trustees of
the West Valley Mission Community College District (1996) 47
Cal.App.4th 1661, 1667-1670, the California Court of Appeal declared
that Section 81676.5 of the Education Code, by its own terms, had
been repealed.
(d) This act is therefore declaratory of existing statutory and
case law.
SEC. 220. Section 65 of Chapter 758 of the Statutes of 2008 is
amended to read:
SEC. 65. (a) Of the funds appropriated in Item 4265-111-0001 of
Section 2.00 of the Budget Act of 2008 (Chapters 268 and 269 of the
Statutes of 2008) from the Cigarette and Tobacco Products Surtax
Fund, twenty-four million eight hundred three thousand dollars
($24,803,000) shall be allocated in accordance with subdivision (b)
for the 2008-09 fiscal year from the following accounts:
(1) Twenty-two million six hundred fifty-one thousand dollars
($22,651,000) from the Hospital Services Account.
(2) Two million one hundred fifty-two thousand dollars
($2,152,000) from the Physician Services Account.
(b) The funds specified in subdivision (a) shall be allocated
proportionately as follows:
(1) Twenty-two million three hundred twenty-four thousand dollars
($22,324,000) shall be administered and allocated for distribution
through the California Healthcare for Indigents Program (CHIP)
provided for pursuant to Chapter 5 (commencing with Section 16940) of
Part 4.7 of Division 9 of the Welfare and Institutions Code.
(2) Two million four hundred seventy-nine thousand dollars
($2,479,000) shall be administered and allocated through the Rural
Health Services Program provided for pursuant to Chapter 4
(commencing with Section 16930) of Part 4.7 of Division 9 of the
Welfare and Institutions Code.
(c) (1) Funds allocated pursuant to this section from the
Physician Services Account and the Hospital Services Account in the
Cigarette and Tobacco Products Surtax Fund shall be used only for the
reimbursement of physicians for losses incurred in providing
uncompensated emergency services in general acute care hospitals
providing basic, comprehensive, or standby emergency services, as
defined in Section 16953 of the Welfare and Institutions Code. Funds
shall be transferred to the Physician Services Account in the county'
s Emergency Medical Services Fund established pursuant to Sections
16951 and 16952 of the Welfare and Institutions Code, and shall be
paid only to physicians who directly provide emergency medical
services to patients, based on claims submitted or a subsequent
reconciliation of claims. Payments shall be made as provided in
Article 3.5 (commencing with Section 16951) of Chapter 5 of Part 4.7
of Division 9 of the Welfare and Institutions Code, and payments
shall be made on an equitable basis, without preference to any
particular physician or group of physicians.
(2) If a county has an Emergency Medical Services Fund
Advisory Committee that includes both emergency physicians and
emergency department oncall backup panel physicians, and if the
committee unanimously approves, the administrator of the Emergency
Medical Services Fund may create a special fee schedule and claims
submission criteria for reimbursement for services rendered to
uninsured trauma patients, provided that no more than 15 percent of
the tobacco tax revenues allocated to the county's Emergency Medical
Services Fund is distributed through this special fee schedule, that
all physicians who render trauma services are entitled to submit
claims for reimbursement under this special fee schedule, and that no
physician's claim may be reimbursed at greater than 50 percent of
losses under the special fee schedule.
SEC. 221. Section 3 is added to Chapter 635 of the Statutes of
1999, to read:
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to finally, fully, and expeditiously implement the voters'
wishes in creating the county department of corrections, giving it
explicit direction to operate the county jails for all sentenced and
unsentenced prisoners under authority of the county board of
supervisors, it is necessary that this act take effect immediately.
SEC. 222. In connection with the repeals of the Chapter 590
versions of Sections 1373.65, 1373.95, and 1373.96 of the Health and
Safety Code, Chapter 591 of the Statutes of 2003 added identical
versions that remain in effect, except that Sections 1373.65 and
1373.96, as added by Chapter 591, were subsequently amended by
Chapter 164 of the Statutes of 2004.
SEC. 223. Any section of any act enacted by the Legislature during
the 2009 calendar year that takes effect on or before January 1,
2010, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is amended, amended and renumbered, added,
repealed and added, or repealed by this act, shall prevail over this
act, whether that act is enacted prior to, or subsequent to, the
enactment of this act. The repeal, or repeal and addition, of any
article, chapter, part, title, or division of any code by this act
shall not become operative if any section of any other act that is
enacted by the Legislature during the 2009 calendar year and takes
effect on or before January 1, 2010, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division.