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Paul Wellman

New Year, New Laws

A Roundup of 2011’s Fresh Dos and Don’ts


As we counted down to midnight last Friday, hundreds of new California laws went into effect. Over the next few days The Independent will publish descriptions — provided by legal advisors — of all those that most affect Santa Barbara residents. This particular report is categorized by code and includes a look at new rules for topics ranging from the placement of foster children, to public official gift-giving, to the size of lobster traps. Read below, and be sure to check back for future lists in the coming days.

Penal

AB 0033, Sex offender identification — Existing law requires that the Attorney General establish and maintain within the Violent Crime Information Center an investigative support unit to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults.

This bill would require the investigative support unit to make available, within 2 hours of a reported stranger abduction of a child, a list of persons required to register as sex offenders based on the method of operation, if available, of the sex offenders or the specified geographical location from which the child was taken.

Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Under existing law, the commission is required to develop and implement training for peace officers relative to certain areas of criminal law or procedure.

This bill would require the department to make accessible to law enforcement agencies, via a department bulletin and the California Law Enforcement Web, the commission’s “Guidelines For Handling Missing Persons Investigations” or any subsequent similar guidelines created by the commission, relating to the investigation of missing persons. The bill would also require law enforcement agencies, by January 1, 2012, to adopt a checklist document directing peace officers on investigation guidelines and resources available to them in the early hours of a missing person investigation; to adopt a policy, regulations, or guidelines on missing persons investigations that are consistent with state and federal law; and to utilize the department’s missing person reporting form for the initial contact with the parent or family member reporting a missing person.

AB668, Trespass — Existing law makes it unlawful for persons to engage in certain acts of trespass. In particular it is unlawful for a person who has been convicted of a violent felony committed upon a particular private property to enter upon that property after having been informed by a peace officer that the property is not open to the particular person; or to refuse or fail to leave the property upon being asked to leave the property, as specified.

This bill would expand the scope of this offense by providing that during a specified timeframe it is unlawful for a person who has been convicted of any felony, any misdemeanor, or a specified infraction, committed upon a particular private property, to enter or refuse or fail to leave that property after being informed by a peace officer that the property is not open to the particular person, or to refuse or fail to leave when asked, as specified.

AB674, Criminal procedure: veterans — Existing law provides that if a person is convicted of a criminal offense and alleges that he or she committed the offense as a result of post-traumatic stress disorder, substance abuse, or psychological problems stemming from service in combat in the United States military, the court shall hold a hearing prior to sentencing to make a determination about the allegation. If the court

finds that the defendant’s crime was committed as a result of one of those factors related to serving in combat, and the court places the person on probation, existing law authorizes the court to place the person into a treatment program, and provides that the defendant receives sentence credits for residential treatment, as specified.

This bill would, if the defendant alleges that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from military service in the United States military, require the court to make a determination as to whether a defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from any of those disorders, before placing an otherwise eligible defendant on probation and ordering the defendant into a treatment program, as specified.

The bill would authorize the court to request, through existing resources, an assessment to aid in the determination of whether the defendant may be suffering from any of those disorders. The bill would eliminate the requirement that the offense be committed as a result of problems stemming from service in a combat theater.

The bill would authorize the court and an assigned treatment program to collaborate with the Department of Veterans Affairs and the United States Veterans Administration to maximize benefits and services.

AB 1022, Missing children — Existing law provides that the Attorney General shall establish and maintain the Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults.

Existing law provides that the Attorney General shall establish the Missing and Exploited Children’s Recovery Network which shall consist of an automated computerized system that shall have the capability to electronically transmit information pertaining to missing children to all state and local law enforcement agencies, as specified.

This bill would provide that within the Department of Justice there shall be a director responsible for coordinating California’s response to missing persons. The bill would establish this position for the purposes of assisting law enforcement agencies with the timely search and recovery of at-risk abducted children, maintaining up-to-date knowledge and expertise of those protocols, best practices, and technologies that are most effective for recovering missing children, maintaining relationships with law enforcement agencies and other entities responsible for the investigation of missing persons, maintaining records, and making the Commission on Peace Officer Standards and Training Guidelines for Handling Missing Persons Investigations document available to law enforcement agencies upon request.

AB 1280, Child abuse sentencing — Existing law provides that any person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life.

This bill would, in addition, make it a felony, punishable by imprisonment in the state prison for life with the possibility of parole, for a person, having the care or custody of a child who is under 8 years of age, to assault the child with force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, as specified.

AB 1229, Juvenile court costs — Existing law provides for the appointment of counsel to represent a minor in juvenile court proceedings, as specified. The father, mother, spouse, or other person liable for the support of the minor is liable to the county for those costs, except as specified.

Existing law authorizes the court, with the consent of the county and pursuant to the terms and conditions agreed upon by the court and the county, to designate a financial evaluation officer to make financial evaluations of liability for reimbursement pursuant to the provision governing liability for the cost to the county or the court of legal services rendered to a minor.

This bill would additionally authorize the court to designate a court financial evaluation officer to make evaluations of liability for reimbursement for the costs of legal services rendered to a minor. The bill would also require both the court financial evaluation officer and the county financial evaluation officer to follow the procedures set forth for county financial evaluation officers, as specified.

Education

AB 0211, Classroom security locks — Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act), requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding and supplemental funding for site development and acquisition.

This bill, on and after July 1, 2011, would require all new construction projects submitted to the Division of the State Architect pursuant to the Greene Act to include locks that allow doors to classrooms and rooms with an occupancy of 5 or more persons to be locked from the inside, except as specified.

AB 434, After school programs — Existing law establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. Existing law requires the State Department of Education to apportion moneys, from those continuously appropriated for purposes of after school programs, to program applicants in the form of grants according to a specified priority scheme and specifies maximum grant amounts for 3-year direct grants for before and after school programs.

Existing law limits the amount of state funds a program participant may expend on administrative costs to 15% of the participant’s funding. Existing law requires a program participant receiving state funding to ensure that no less than 85% of that funding is allocated to schoolsites for direct services to pupils.

This bill would authorize the cost of a program site supervisor to be included as direct services, provided that at least 85% of the site supervisor’s time is spent at the program site.

AB 1374, Adult education teaching credentials — (1) Existing law establishes the Commission on Teacher Credentialing to, among other things, establish professional standards, assessments, and examinations for entry and advancement in the education profession. Existing law provides that a credential, certificate, or permit shall remain in force as long as it is valid and continues to be valid under the laws and regulations that were in effect when it was issued.

The bill would provide that a credential, permit, certificate, or other document that is lawfully issued by the commission would remain in force in accordance with existing laws and regulations, and would be exempt from new laws and regulations, except as specified.

(2) Existing law contains minimum specified requirements for the designated subjects preliminary adult education teaching credential.

This bill would recast the adult credential for nonacademic and academic subjects and specify different requirements for nonacademic and academic subjects, as specified.

(3) Existing law contains minimum specified requirements for the 5-year renewal of the preliminary designated subjects adult education teaching credential.

This bill would recast the minimum requirements for the 5-year clear designated subjects adult education teaching credential, as specified.

(4) Existing law provides specified minimum requirements for the clear designated subjects adult education teaching credential.

This bill would repeal that provision.

AB 1436, Meetings: live audio transmission — Existing law, intended to strengthen existing accountability requirements, requires the California Postsecondary Education Commission, each November 15, to submit a higher education report to the Legislature and the Governor that provides information to the citizens of the state on the significant indicators of performance of the public colleges and universities.

This bill would require the Board of Governors of the California Community Colleges, the Trustees of the California State University, the California Postsecondary Education Commission, and the Student Aid Commission, including any auxiliary organization, to provide for live audio transmission of all meetings, which are open to the public pursuant to specified law, through a technology that is accessible to as large a segment of the public as possible. This bill would also request the Regents of the University of California to comply with these provisions.

AB 867, CSU Doctor of Nursing Practice degree pilot program — Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. Existing law requires the California State University to offer undergraduate and graduate instruction through the master’s degree in the liberal arts and sciences and professional education, including teacher education.

This bill, until July 1, 2018, would authorize the California State University to establish a Doctor of Nursing Practice degree pilot program at 3 campuses chosen by the Board of Trustees to award the Doctor of Nursing Practice degree. The bill would distinguish the Doctor of Nursing Practice degree from the doctor of philosophy degree offered at the University of California. The bill would require the Doctor of Nursing Practice degree pilot program to be designed to enable professionals to earn the degree while working full time, train nurses for advanced practice, and prepare clinical faculty to teach in postsecondary nursing programs.

The bill would require the California State University to enroll and maintain no more than 90 full-time equivalent students in the degree pilot program at all 3 campuses combined. The bill would require initial funding to come from existing budgets, without diminishing the quality of undergraduate programs or reducing enrollment therein. The bill would require the California State University, the Legislative Analyst’s Office, and the Department of Finance to jointly conduct a statewide evaluation of the degree pilot program and report the results to the Legislature and the Governor on or before January 1, 2017.

Family

AB 1050, Child custody: preferences of child — Existing law requires the family court, if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, to consider and give due weight to the wishes of the child in making an order granting or modifying custody.

This bill would, on and after January 1, 2012, require the family court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation.

The bill would require the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests, and, in that case, the bill would require the court to state its reasons for that finding on the record. The bill would require the court to provide alternative means of obtaining input from the child and other information regarding the child’s preferences if the court precludes the calling of any child as a witness.

The bill would require the Judicial Council to, no later than January 1, 2012, promulgate a rule of court establishing procedures for the examination of a child witness, as specified.

Vehicle Code

AB498, Special license plates and decals for former POWs — Existing law authorizes private organizations, including veterans’ organizations, to participate in special interest license plate programs in which the Department of Motor Vehicles issues license plates with a participating organization’s distinctive design or decal, and specifies the various fees concerning the issuance, renewal, registration, and replacement of damaged or unserviceable plates and decals. Existing law permits an eligible person who is a former American prisoner of war to apply for specially designed license plates for his or her vehicle that include distinctive lettering indicating “POW” and “Ex-Prisoner of War” and generally exempts that vehicle from registration and vehicle license fees (VLF).

This bill would additionally require the department, in consultation with the Department of Veterans Affairs and veterans’ service organizations, to design and make available for issuance a special environmental design license plate for former American prisoners of war who prefer not to have their former status as a “POW” or “Ex-Prisoner of War” identified by words or other markings or symbols. The bill would require specified design criteria for these special interest license plates.

AB 519, Towing fees and access notice — Existing law provides that every person has a possessory lien for the compensation to which he or she is legally entitled for the towing, storage, or labor associated with recovery or load salvage of any vehicle that has been authorized to be removed by a public agency, a private property owner, or a lessee, operator, or registered owner of the vehicle.

Existing law requires that a person requesting release of the vehicle present documentation establishing that he or she is entitled to possession of the vehicle and authorizes an inspection of the vehicle by the legal owner or lessor, or his or her agent, within a specified time period after receiving a written demand for the inspection. This bill would define “documentation” and “agent” for these purposes and would also provide that a lienholder is not liable for any claim or dispute arising out of the reliance on the documentation for purposes of releasing a vehicle.

Existing law authorizes a peace officer, or a regularly employed and salaried public employee, who is engaged in directing traffic or enforcing parking laws and regulations, to remove a vehicle located within the territorial limits in which the officer or employee is allowed to act under specified circumstances, including, among other things, when a vehicle is illegally parked and blocks the movement of a legally parked vehicle. A violation of this provision is an infraction.

This bill would establish, and require a person that charges for towing or storage, or both, to post a specified copy of “Towing Fees and Access Notice” that contains specific information regarding a vehicle owner’s rights and responsibilities if his or her vehicle is towed, and would require, among other things, that it be posted in the office area of the storage facility in plain view of the public, with exceptions, and would also require that copies be made readily available to the public.

This bill would establish, and require a person that charges for towing or storage, or both, to post a specified copy of “Towing Fees and Access Notice” that contains specific information regarding a vehicle owner’s rights and responsibilities if his or her vehicle is towed, and would require, among other things, that it be posted in the office area of the storage facility in plain view of the public, with exceptions, and would also require that copies be made readily available to the public.

The bill would require a person that charges for towing or storage, or both, to provide, upon request, a copy of the Towing Fees and Access Notice to any owner or operator of a towed or stored vehicle and would require the person to provide an itemized invoice for any towing and storage charges. The bill would also provide that a registered automotive repair dealer, that did not provide the tow, and that passes along, from the tower to the consumer, any of the information required on the itemized invoice, is not responsible for the accuracy of those items of information that remain unaltered.

AB 953, DMV records confidentiality — Existing law requires the residence address in a record of the Department of Motor Vehicles to be kept confidential, with specified exceptions. One exception applies to an insurance company when the company requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with the company’s insured.

This bill would expand this exception to include an authorized contractor acting on behalf of an insurance company pursuant to a contractual agreement. This bill would require that, among other things, all information obtained from the department by an authorized contractor of an insurance company be subject to the use or disclosure limitations and data security requirements that exist for any principal under applicable state and federal law.

The bill would require an insurance company to be responsible for any misuse of the information by the contractor. The bill would also subject the contractor to, among other things, the requirement that the information obtained from the department be destroyed once the contractor has used the information for the authorized purpose.

AB 1500, Low-emission cars in carpool lane — Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of high-occupancy vehicles (HOV), which lanes may also be used, until January 1, 2011, by certain low-emission and hybrid vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane if the vehicle displays a valid identifier issued by the Department of Motor Vehicles. Existing law, until January 1, 2011, makes it a misdemeanor to illegally use a decal, label, or other identifiers issued by the department.

This bill would extend the date, to January 1, 2015, that specified low-emission vehicles can use high-occupancy lanes, the department can issue low-emission decals or other identifiers, and illegal use of a department-issued decal on a low-emission vehicle is considered a misdemeanor, creating a state-mandated local program.

Health and Safety

AB 1048, Child protection: safe surrender — Existing law designates certain locations as safe-surrender sites for the safe surrender of newborn children who are 72 hours of age or younger.

This bill would require a designating entity to consult with the governing body of a city, if the site is within city limits, and with representatives of the applicable fire department and child welfare agency, as specified. The bill would permit a local fire agency, upon the approval of the appropriate local governing body of the agency, to designate a safe-surrender site. The bill would specify certain circumstances in which a safe-surrender site and its personnel have no liability for a surrendered child.

AB 1414, Controlled substances: apomorphine — Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places apomorphine within Schedule II.

This bill would remove apomorphine from Schedule II of the California Uniform Controlled Substances Act and make it an unscheduled substance.

AB 1437, Shelled eggs: compliance with animal care standards — Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate manufacturing, sales, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act, including, but not limited to, prohibition against the receipt in commerce of any adulterated food, as defined. A violation of these provisions is a crime.

Existing law, enacted as Proposition 2, an initiative measure approved by the voters at the November 4, 2008, statewide general election, establishes, commencing January 1, 2015, specified farm animal treatment standards.

This bill would, commencing January 1, 2015, prohibit the sale of a shelled egg for human consumption if it is the product of an egg-laying hen that was confined on a farm or place that is not in compliance with those animal care standards and would make violations of these provisions a crime. This bill would declare that its provisions are severable.

AB787, Smog check: vehicle repair assistance and retirement program — (1) Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs (the department). The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. The owner of a motor vehicle that has failed its most recent smog check inspection has the right to retire the vehicle from operation at a dismantler under contract with the Bureau of Automotive Repair, and the department is required to pay this person up to $1,500, or more if cost effective.

This bill would instead require the department to pay a person who retires his or her vehicle $1,500 for a low-income motor vehicle owner, as defined, and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on consideration of specified criteria. The bill would require the department to permit vehicle retirement for any motor vehicle that has been continuously registered in the state for at least 2 years prior to vehicle retirement, and that fails any type of smog check inspection lawfully performed in the state.

Existing law also creates an enhanced fleet modernization program for the retirement of high polluting vehicles to be administered by the Bureau of Automotive Repair pursuant to guidelines adopted by the State Air Resources Board.

This bill would require retirement payments made pursuant to that program to also be $1,500 for a low-income motor vehicle owner and $1,000 for all other motor vehicle owners, and would authorize additional payments above these amounts based on the same criteria as in the vehicle retirement program discussed above.

(2) Existing law provides for a repair assistance program available to an individual whose maximum income level is 185% of the federal poverty level, or 225% of the federal poverty level if a certain determination is made, and who is the owner of a motor vehicle that has failed a smog check inspection or received a notice to correct, or an individual who has failed a smog check inspection and is directed to a test-only facility.

This bill would make the repair assistance program available only to low-income individuals whose income does not exceed 225% of the federal poverty level, as specified. The bill would make other conforming changes, and delete obsolete provisions of law.

AB 278, Health information exchange — Existing law establishes the Office of Health Information Integrity within the California Health and Human Services Agency to ensure the enforcement of state law mandating confidentiality of medical information and to impose administrative fines for the unauthorized use of medical information. Existing law authorizes the California Health and Human Services Agency, or one of the departments under its jurisdiction, to apply for federal funds made available through the federal American Recovery and Reinvestment Act of 2009 (ARRA) for health information technology and exchange.

This bill would authorize the office to establish and administer demonstration projects to evaluate potential solutions to facilitate health information exchange that promote quality of care, respect the privacy and security of personal health information, and enhance the trust of the stakeholders.

This bill would authorize health care entities or governmental authorities, as defined, that receive, share, exchange, or use a California resident’s medical information to submit an application with the office to be approved as demonstration project participants, as defined. The bill would authorize the office to approve annually up to 4 projects as demonstration projects. The bill would require any costs associated with the support, assistance, and evaluation of approved demonstration projects to be funded exclusively by the above-described federal funds or other non-General Fund sources. The bill would require the office to report to prescribed committees of the Legislature within 6 months after the end of the project.

This bill would become inoperative on the date the Director of the Office of Health Information Integrity executes a declaration stating that the grant period for the above-described federal funds has ended, and as of that date would be repealed.

AB 1433, Continuing care contracts: temporarily displaced residents — Existing law contains provisions relating to supervision of continuing care contracts, including requirements governing continuing care communities and contracts. Existing law requires the State Department of Social Services to regulate activity relating to continuing care contracts, and requires that continuing care retirement communities maintain an environment that enhances residents’ independence and self-determination and in that regard imposes various requirements on a care provider. Existing law defines various terms for purposes of those contracts and requirements, and imposes specified civil and criminal penalties for violations of those provisions.

This bill would define the term “residential temporary relocation” to mean the relocation of one or more residents, except in the case of a natural disaster that is out of the provider’s control, from one or more residential living units, assisted living units, skilled nursing units, or a wing, floor, or entire continuing care retirement community building, due to a change of use or major repairs or renovations. The bill would limit residential temporary relocation to a period of at least 9 months but not to exceed 18 months without the written agreement of the resident.

This bill would require continuing care contracts to state that the resident has a right to terminate his or her contract after 18 months of residential temporary relocation, as defined, and set forth provisions for refunds due to cancellation for this reason.

This bill would require providers to include in resident contracts the procedures to be followed to ensure that residential temporary relocations provide comparable levels of care, service, and living accommodations. The bill would also specify procedures to be taken for residential temporary relocation, return to the unit vacated, and the extension of residential temporary relocation.

AB 1503, Emergency medical care billing — Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires each hospital, as a condition of licensure, to maintain written policies about discount payment and charity care for financially qualified patients, as defined. These policies are required to include, among other things, a section addressing eligibility criteria, as prescribed. Existing law requires each hospital to perform various functions in connection with the hospital charity care and discount pay policies, including providing patients with notice that contains information about the hospital’s discount payment and charity care policies, including information about eligibility and attempting to determine the availability of private or public health insurance coverage for each patient. Existing law also specifies billing and collection procedures to be followed by a hospital, its assignee, collection agency, or billing service.

This bill would provide that uninsured patients or patients with high medical costs who are at or below 350% of the federal poverty level are eligible to apply to the emergency physician, as defined, who provides emergency medical services in a general acute care hospital for a discount payment pursuant to a discount payment policy. The bill would require the emergency physician to limit expected payment for services provided to a patient at or below 350% of the federal poverty level and who is eligible under the emergency physician’s discount payment policy, as specified. The bill would require the above-described written notice that hospitals are required to provide patients regarding the hospital’s charity care and discount pay policies to include a statement that the emergency physician who provides emergency medical care in a hospital that provides emergency care is also required by law to provide discounts to uninsured patients or patients with high medical costs who are at or below 350% of the federal poverty level. The bill would also specify billing and collection procedures to be followed by the emergency physician, its assignee, collection agency, or billing service.

This bill would provide that a violation of the above provisions shall not constitute a violation of the terms of a physician and surgeon’s licensure.

Welfare and Institutions

AB 302, Deadly weapons for prohibited persons — Existing law prohibits the purchase, receipt, possession, or control of firearms for a period of 5 years by persons that have been admitted to a mental health facility on the basis of their being a threat to themselves or others or as a result of being certified for intensive treatment. Existing law requires a mental health facility that admits a person described above to immediately report specified information to the Department of Justice with respect to the person.

This bill would require, commencing July 1, 2012, that those reports be submitted electronically, as specified.

AB 743, Foster care: sibling placement — Existing law provides for the placement of dependent children by the juvenile court according to specified procedures. Existing law declares the policy of the Legislature relating to foster care, including that foster care should be a temporary method of care for children and that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child’s well-being than is foster care.

Existing law requires any order placing a dependent child in foster care, and ordering reunification services, to provide for visitation between the child and any sibling, unless the court finds by clear and convincing evidence that sibling interaction is detrimental to either child.

This bill would, instead, require the order to provide for visitation unless the court finds by clear and convincing evidence that the interaction is contrary to the safety or well-being of either child.

Existing law requires the responsible local agency to make diligent efforts in all out-of-home placements of dependent children to develop and maintain sibling relationships. If siblings are not placed together, the social worker is required to explain why those efforts are not appropriate.

This bill would, instead, require the social worker, if siblings are not placed together, to explain why those efforts would be contrary to the safety or well-being of any of the siblings. The bill also would require the social worker to make diligent efforts to place siblings together in the same placement.

Existing law requires, as soon as possible after a placing agency makes a decision with respect to a placement or a change in placement of a dependent child, the placing agency to notify the child’s attorney and provide specified information.

This bill would recast and revise the above requirements relating to the placement of siblings, including requiring the placing agency to make a specified notification to the child’s attorney and the child’s sibling’s attorney when a planned change of placement will result in the separation of siblings currently placed together.

AB537, Farmers’ market electronic benefit transfers — Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefit transfer (EBT) system for the purpose of providing financial and food assistance benefits to needy Californians.

This bill would allow an interested collective group or association of produce sellers that is Food and Nutrition Service (FNS) authorized and in a flea market, farmers’ market, or certified farmers’ market to initiate and operate an EBT acceptance system in the market, as specified. The bill would provide that an individual produce seller in a market is not prohibited from operating his or her own individual EBT acceptance activity as part of that seller’s personal business customer transaction offering.

AB 918, Collection boxes — Existing law makes it unlawful for any association of persons to engage, directly or indirectly, in the soliciting of donations or in selling salvageable personal property obtained by soliciting, except qualified charitable organizations, as described, that meet specified requirements. Existing law authorizes counties and cities to impose additional requirements for the privilege of soliciting and selling salvageable personal property within their jurisdictions.

This bill would impose requirements for the placement of statements specifying prescribed information on collection boxes, as defined. The bill specifies that its provisions shall not be deemed to supersede the authority of the Department of Justice or to limit a city, county, or city and county from regulating, monitoring, or prohibiting collection boxes. The bill would also allow the city, county, or city and county to declare a collection box that is in violation of these provisions to be a public nuisance and to impose additional requirements on the solicitation and sale of salvageable personal property within its jurisdiction.

Government

AB 0139, County board meetings — Existing law requires the board of supervisors of a county to hold regular meetings of the board at the county seat.

This bill would authorize counties to hold one or more regular meetings of the board at a location within the county, if the change of location is adopted by ordinance, resolution, bylaw, or other rule at a regular meeting of the body, and notice of the change in location is posted in a location that is freely accessible to the public no later than the prior regular meeting of the board.

AB419, Elections for change of organization or reorganization — Existing law requires a local agency formation commission to inform a board of supervisors or a city council when the commission makes a determination that will require an election to be conducted by that board or council, and requires the board of supervisors or the city council to direct the elections official to conduct the necessary election, as specified.

This bill would, beginning January 1, 2011, require the board of supervisors or the city council to take action, to order and place the item on the ballot, within 45 days of notification by the local agency formation commission, and would require the elections official to place the item on the ballot at the next regular election if the board of supervisors or the city council fails to take action within 45 days of the notification. This bill would also make conforming changes.

AB 1399, Gifts from local officials — Existing provisions of the California Constitution prohibit the Legislature from making any gift of public money or thing of value to any person, and this prohibition applies to local government. Existing law specifies the duties of various local officials.

This bill would prohibit a local official, subject to specified exceptions, from making available to an immediate family member, as defined, a vehicle or credit card provided by the local agency that the local official represents.

AB 609, County employees retirement: administrative costs — The County Employees Retirement Law of 1937 requires a board of retirement, or a board of retirement and the board of investment, with appointed members to annually adopt a budget covering the entire expense of administration of the retirement system and prohibits the expense incurred in any year from exceeding 18⁄100 of 1% of the total assets of the retirement system. Existing law provides that expenditures for legal services or costs of litigation are not considered to be a cost of administration of the retirement system.

Existing law prohibits expenses incurred in any year for expenditures for computer software and hardware and computer technology consulting services, in support of these products, from exceeding the greater of the sum of 18⁄100 of 1% of the total assets of the retirement system plus $1,000,000 or 23⁄100 of 1% of the total assets of the retirement system.

This bill would prohibit expenses for the costs of administration of the retirement system incurred in any year from exceeding the greater of 21⁄100 of 1% of the accrued actuarial liability of the retirement system or $2,000,000, as adjusted annually by a specified annual cost-of-living adjustment. This bill would eliminate the exclusion of expenditures for legal services and costs of litigation from the costs of administration of the retirement system and would, instead, exclude from those costs of administration expenditures for computer software and hardware and computer technology consulting services in support of these products.

AB 634, Hazardous recreational activities — Under existing law, public entities and public employees are generally not liable to any person who participates in various hazardous recreational activities, as defined, including, but not limited to, certain water contact and diving activities, kayaking, surfing, waterskiing, white water rafting, and windsurfing.

This bill would include self-contained underwater breathing apparatus (SCUBA) diving among these hazardous recreational activities.

AB 1181, Statements and reports — (1) The Political Reform Act of 1974 requires a candidate or committee that makes or receives a late contribution, or a committee that makes a late independent expenditure, to report the contribution or expenditure by specified means. The act requires the late contribution or the late independent expenditure to be reported by facsimile transmission, guaranteed overnight delivery, or personal delivery within 24 hours of the time the contribution or independent expenditure is made. The act also requires certain of these types of contributions and expenditures to be reported online.

This bill would provide that if a late contribution or late independent expenditure is required to be reported to the Secretary of State, the report to the Secretary of State shall be by online or electronic transmission only.

(2) The act requires that candidates, including appellate court and Supreme Court candidates, as well as other specified persons or entities periodically file reports online or electronically with the Secretary of State, including any general purpose committee or candidate that cumulatively has received contributions or made expenditures totaling $50,000 or more, any slate mailer organization with cumulative reportable payments received or made for purposes of producing slate mailers of $50,000 or more, or lobbyists, lobbying firms, or lobbyist employers who have reportable payments, expenses, contributions, gifts, or other items of $5,000 or more in a calendar quarter.

The bill would require those candidates, as well as candidates for superior court, and other specified persons or entities to periodically file reports online or electronically with the Secretary of State, including a general purpose committee or candidate that cumulatively has received contributions or made expenditures totaling $25,000 or more, any slate mailer organization with cumulative reportable payments received or made for purposes of producing slate mailers of $25,000 or more, or lobbyists, lobbying firms, or lobbyist employers who have reportable payments, expenses, contributions, gifts, or other items of $2,500 or more in a calendar quarter. The bill would provide that copies of those statements or reports not be filed with the local filing officer unless they relate to a local elective office or local ballot measure filed by a candidate for both local and state elective office. By imposing criminal penalties on filers who fail to comply with these requirements, the bill would impose a state-mandated local program.

(3) The act generally requires all candidates and elected officers and specified committees to file campaign statements semiannually. The act requires that a copy of a campaign statement of a candidate, elected officer, or a controlled committee of a candidate or elected officer be filed with the elections official of the county in which the candidate or elected official is domiciled. Statewide elected officers other than the members of the State Board of Equalization, Supreme Court justices, candidates for these offices, and specified committees are additionally required to file a copy of their campaign statement with the Secretary of State, the Registrar-Recorder of Los Angeles County, and the Registrar of Voters of the City and County of San Francisco. Likewise, Members of the Legislature, members of the State Board of Equalization, court of appeal justices, superior court judges, candidates for these offices, and other specified committees are additionally required to file a copy of their campaign statement with the Secretary of State and the elections official of the county with the largest number of registered voters in the districts affected.

The bill would delete these additional filing requirements for statewide elected offices, Members of the Legislature, Supreme Court justices, court of appeal justices, superior court judges, candidates for those offices, and the specified committees and would instead require that these persons and entities file with their campaign statements with the Secretary of State in the manner described in (2) above.

AB 1354, County employees’ retirement — Under existing law, counties and districts may provide retirement benefits to their employees pursuant to the County Employees Retirement Law of 1937 (CERL). CERL provides that death benefits and survivors’ allowance are payable to the survivors of a deceased member, as specified. CERL also specifies the minimum ages and years of service that are required in order to become eligible for retirement.

Existing federal law regulates the provision of pension benefits and a retirement system providing pension benefits must meet prescribed requirements to maintain its tax qualified status. Federal law requires, in this regard, that a plan provide that, in the case of a participant who dies while performing qualified military service, as defined, the survivors of the participant are entitled to any additional benefits provided under the plan had the participant resumed and then terminated employment on account of death.

This bill would specify that a retirement system established pursuant to CERL shall act in accordance with the requirements of federal law described above. The bill would also require that service for vesting purposes be credited to a member who dies while performing qualified military service for the period of his or her qualified military service. These provisions would apply to deaths that occur on or after January 1, 2007. CERL provides that the management of a retirement system created pursuant to its provisions is vested in a board of retirement. CERL requires that the board of retirement adjust the payment of benefits payable pursuant to the law’s provisions, including cost-of-living adjustments, as necessary, in order to maximize the benefits available to members who are subject to specified limits of the Internal Revenue Code.

This bill would prohibit the amount payable to a CERL retirement system member in a limitation year from exceeding the Internal Revenue Code limit as of the annuity starting date and as the limit may be increased in future years, as specified. The bill would specify that cost-of-living adjustments made to Internal Revenue Code limits continue to apply after a member’s severance from employment or annuity starting date.

Civil

AB 585, Deceased personalities — Existing law establishes a cause of action for damages on behalf of specified injured parties for the unauthorized use of a deceased personality’s name, voice, signature, photograph, or likeness for commercial purposes within 70 years of the personality’s death, except as specified. Existing law defines “deceased personality” for purposes of these provisions as any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of his or her death, whether or not during the lifetime of that natural person the person used his or her name, voice, signature, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services.

This bill would expand that definition of “deceased personality” for purposes of these provisions to include any natural person whose name, voice, signature, photograph, or likeness has commercial value either at the time of his or her death, or because of his or her death. The bill would provide that its provisions are severable.

Business and Professions

AB 441, Local gaming — Existing law permits a city, county, or city and county to permit controlled gambling, consistent with state law, if a majority of voters affirmatively approve an ordinance so permitting, as specified. Existing law provides that an amendment of an ordinance permitting an increase of 24.99% in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, or 2 tables, whichever is greater, compared to the ordinance in effect on January 1, 1996, may occur without voter approval. Any amendment to a city or county ordinance relating to gambling establishments or the Gambling Control Act is required to be submitted to the Division of Gambling Control for review and comment before the ordinance is adopted by the city or county.

This bill, instead, would provide that an amendment of an ordinance permitting an increase of 2 tables in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, compared to the ordinance in effect on January 1, 2010, may occur without voter approval. The bill would permit a city, county, or city and county to exercise its authority to amend a local gaming ordinance without voter approval pursuant to this provision only one time.

AB 605, Alcohol instructional tasting events — The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides for various annual fees for the issuance of alcoholic beverage licenses depending upon the type of license issued. The Alcoholic Beverage Control Act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.

This bill would authorize the department to issue to the holder of any off-sale retail license an instructional tasting license that would allow the licenseholder to allow an authorized licensee, as defined, or designated representative of that licensee, to conduct, on a designated portion of, or contiguous to, an existing licensed premises, an instructional tasting event at which tastes of alcoholic beverages may be served to consumers, as provided. The bill would impose an original fee of $300 and an annual renewal fee of $261 for the license, which would be deposited in the Alcohol Beverage Control Fund. Because the violation of a specified provision of the instructional tasting license by a licensee or by a person under 21 years of age is punishable as a misdemeanor, the bill both creates a new crime and expands the definition of an existing crime, thereby creating a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

AB 583, Health care practitioner disclosure of education — Existing law requires a health care practitioner to disclose, while working, his or her name and practitioner’s license status on a name tag in at least 18-point type or to prominently display his or her license in his or her office, except as specified.

This bill would require each of those health care practitioners to disclose the type of license and, except as specified, the highest level of academic degree he or she holds either in a prominent display in his or her office or in writing, in a specified format given to a patient on his or her initial office visit. The bill would require a physician and surgeon, and an osteopathic physician and surgeon, who is certified in a medical specialty, as specified, to also disclose, in either of those manners the name of the certifying board or association. The bill would exempt specified health care practitioners, including, without limitation, persons working in certain licensed laboratories and health care facilities, as specified, from these requirements.

AB 1502, Nuisance abatement: civil action — Existing law authorizes the district attorney or city attorney to bring a civil action to abate a public nuisance, as defined. Existing law provides that every building or place used for the purpose of specified unlawful transactions involving controlled substances is a nuisance, which may be abated in a civil action brought by the district attorney or city attorney. Existing law provides that every building or place used for the purpose of illegal gambling, lewdness, assignation, prostitution, or counterfeiting is a nuisance, which may be abated in a civil action brought by the district attorney or city attorney.

This bill would authorize the county counsel to bring a civil action to abate a public nuisance, a controlled substances nuisance, or a gambling or prostitution nuisance, pursuant to each of the above provisions.

Existing law requires a district attorney, city attorney, or city prosecutor that brings an action to abate a nuisance for the use of a nonresidential building or place for the purpose of manufacturing, selling, or possessing for sale counterfeit goods to report to the Senate and Assembly Committees on Judiciary on the use and effectiveness of that abatement provision.

This bill would additionally require a county counsel that brings an action to abate a nuisance for the use of a nonresidential building or place for the purpose of manufacturing, selling, or possessing for sale counterfeit goods to report to the Senate and Assembly Committees on Judiciary on the use and effectiveness of that abatement provision.

AB 655, Self-service storage facilities — Existing law, the California Self-Service Storage Facility Act, specifies remedies and procedures for self-service storage facility owners when occupants are delinquent in paying rent or other charges. Under existing law, if an owner sends an occupant a preliminary lien notice by certified mail, the owner may, upon the effective date of the lien, deny the occupant access to the space, enter the space, and remove property to safekeeping. However, if the owner sends the preliminary lien notice by first-class mail with certificate of mailing, the owner may not remove the property for at least 14 days following the effective date of the lien.

Existing law requires owners to send occupants a notice of lien sale stating that the property will be sold to satisfy the lien after a date not less than 14 days following the date of mailing unless the amount of the lien is paid or the occupant returns a declaration in opposition to lien sale in a specified form. Existing law specifies procedures for an owner to enforce the lien following receipt of a declaration in opposition to lien sale.

Existing law requires that a lien sale be advertised in a newspaper of general circulation in the judicial district where the sale is to be held, or posted in conspicuous places in the neighborhood of the proposed sale, as specified, and provides that prior to a lien sale, any person claiming a right to the goods may pay the amount necessary to satisfy the lien and reasonable expenses incurred for particular actions taken.

This bill would provide that, if the occupant has not paid the full amount specified within 14 days of the termination date specified in the preliminary lien notice, the lien will attach as of that date and the owner may deny the occupant access to the space, enter the space, and remove any property to safekeeping. The bill would require the owner to send the occupant a notice of lien sale stating, among other things, that the amount of the lien will continue to increase if rent is not paid; the property will be sold to satisfy the lien after a specified date that is not less than 14 days from the date of mailing unless the occupant executes and returns by certified mail a specified declaration in opposition to lien sale; the occupant may regain full use of the space by paying the full lien amount prior to the specified date; and other information, as specified.

The bill would require the lien sale to be advertised in a newspaper of general circulation in the county where the sale is to be held. The bill would provide that prior to any lien sale, any person claiming a right to the goods may pay the amount necessary to satisfy the lien together with one month’s rent in advance, in which case the owner would retain the property pending a court order directing the disposition of the property. The bill would also prescribe procedures to be followed if a court order is not obtained and would make other technical changes.

Food and Agricultural

AB 0219, Pest control: plant quarantine inspection stations — Existing law establishes in state government the State Board of Food and Agriculture, which consists of 15 members, composed as specified, appointed by the Governor.

This bill would provide that public officers associated with any area of government, including agriculture, and whether elected or appointed, may be appointed to, and may serve contemporaneously as members of, the board. The bill would prohibit certain members of the board from participating in any board action that involves themselves or any agricultural entity with which they are connected as director, officer, or employee, or in which they have a financial interest in the decision within the meaning of the Political Reform Act of 1974.

Existing law requires every operator of a motor vehicle entering the state with a shipment of any agricultural commodity to have the vehicle and the shipment inspected, and to obtain a certificate of inspection, at the plant quarantine inspection station nearest the point of entry, except as provided.

Existing law subjects the operator of the vehicle and the registered owner of the vehicle, if a different person or legal entity, to separate civil penalties of not more than $1,000 for each violation for failure to obtain the required certificate of inspection.

This bill would increase the civil penalties to not more than $2,500 for each violation.

Labor

AB 569, Meal period exemptions — Existing law prohibits, subject to certain exceptions, an employer from requiring an employee to work more than 5 hours per day without providing a meal period and, notwithstanding that provision, authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if the order is consistent with the health and welfare of affected employees.

This bill would exempt from these provisions employees in a construction occupation, commercial drivers, employees in the security services industry employed as security officers, and employees of electrical and gas corporations or local publicly owned electric utilities, as defined, if those employees are covered by a valid collective bargaining agreement containing specified terms, including meal period provisions. It would specify that its provisions do not affect the requirements for meal periods for certain other employees or employers.

Military and Veteran

AB 0177, Small businesses and disabled veteran business enterprises — Existing law provides for various programs to encourage the participation of small businesses and disabled veteran business enterprises, as certified by the Department of General Services, in state agency contracts. Existing law revokes, for a specified period, the small business or microbusiness certification of a business that obtained the classification as a small business or microbusiness by reason of having furnished incorrect supporting information or withholding relevant information, and suspends that business from transacting with the state, as specified. Existing law extends the period of revocation and suspension for additional or subsequent violations and requires the business to pay specified costs to the state related to the contract.

This bill would increase the period of certification revocation and suspension for these violations, revoke the disabled veteran business enterprise certification of the business if the business has both certifications, revise the types of costs payable to the state, and additionally prohibit a business or person from contracting with the state until the amounts are paid.

Existing law also revokes, for a specified period, the small business or microbusiness or disabled veteran business enterprise certification of a person who, among other activities, fraudulently attempts to become certified as a disabled veteran business enterprise or as a small business or microbusiness and imposes civil penalties upon those persons. Existing law additionally suspends, for a specified period, that person from bidding on or participating in any state contract or project. Existing law extends the period of revocation and suspension for additional and subsequent violations, and requires the person to pay specified costs to the state related to the contract.

This bill would increase the period of certification revocation and suspension for these violations, and would revoke both certifications for these violations if a business is certified both as a small business or microbusiness enterprise and a disabled veteran business enterprise.

This bill would impose civil penalties against any person who knowingly and fraudulently represents that a commercially useful function is being performed by a disabled veteran business enterprise in order to obtain or retain a bid preference or a state contract, and would subject that person to revocation of the disabled veteran business enterprise certification and suspension from bidding on or participating in any state contract or project for a specified period.

This bill would additionally authorize an awarding department and contractor to terminate a contract if the contractor knowingly and fraudulently represents that a commercially useful function is being performed by a disabled veteran business enterprise or by a small business or microbusiness, and require the awarding department and the Controller to set off penalties and costs awarded to the state against payments due to the contractor, as specified.

This bill would require persons or businesses found to have obtained small business or disabled veteran business enterprise certification by fraudulent or improper means to pay costs incurred by the awarding department or the Department of General Services, as specified.

AB 1088, Taxpayer contributions: California Veterans Homes Fund — Under existing law regulating the administration of the Personal Income Tax Law, individual taxpayers are allowed to contribute amounts in excess of their tax liability for the support of specified funds or accounts, including, among others, the Veterans’ Quality of Life Fund. Existing law requires the expenditure of all moneys contributed to the fund, upon appropriation by the Legislature, for administrative costs and for distribution into the Morale, Welfare, and Recreation Fund for each of the veterans homes, as provided.

This bill would repeal those provisions, and instead allow individuals to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the California Veterans Homes Fund, which would be created by this bill. However, the bill would provide that a voluntary contribution designation for this fund may not be added on the tax return until another voluntary contribution designation is removed from that return.

This bill would, like the expenditure of all moneys contributed to the Veterans’ Quality of Life Fund, require the expenditure of all moneys contributed to the California Veterans Homes Fund, upon appropriation by the Legislature, for administrative costs and for distribution into the Morale, Welfare, and Recreation Fund for each of the veterans homes, as provided. This bill would require any funds remaining in the Veterans’ Quality of Life Fund to be transferred to the California Veterans Homes Fund.

This bill would provide that these voluntary contribution provisions be repealed on January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income tax return. This bill would further provide that these provisions would be repealed for taxable years beginning on or after January 1 of the calendar year in which the Franchise Tax Board estimates by September 1 that the contributions made on returns filed in that calendar year will be less than $250,000, or an adjusted amount for subsequent taxable years.

Fish and Game

AB 291, Lobster trap dimensions — Existing law prescribes the construction and dimensions of a wire lobster trap.

This bill would revise the prescribed dimensions of wire lobster traps, and would add provisions relating to the use of a wire to hold the escape gap in place:

(a) Subject to Article 5 (commencing with Section 8250) of Chapter 2, spiny lobster may be taken with lobster traps under a lobster permit issued pursuant to Section 8254.

(b) Notwithstanding Sections 8660 and 8665, lobster traps may be used in any area of the state not otherwise closed to the taking of lobsters up to, but not closer than, 75 feet of any private pier, wharf, jetty, breakwater, or dock.

(c) A wire lobster trap shall be built of rectangular wire mesh with inside mesh measurement not less than 11⁄2 inches by 31⁄2 inches, the 31⁄2-inch measurement to be parallel to the floor of the trap. A wire lobster trap shall be fitted with at least one rigid rectangular escape gap with an inside vertical measurement not less than 23⁄8 inches at all points and an inside horizontal measurement of not less than 111⁄2 inches at all points. The horizontal sides of the escape gap shall be located parallel to, and the escape gap within 23⁄8 inches of the floor on any outside wall of, the rearmost chamber of the lobster trap and shall be clearly accessible to the lobsters.

(d) Notwithstanding subdivision (c), wire may be used to hold the escape gap in place that reduces the inside vertical or horizontal measurement of the escape gap specified in subdivision ( c), but only if all of the following requirements are met: (1) The overall diameter of the wire, including any coating on the wire, shall measure less than 0.176 inches in diameter (the diameter of 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard of measurement). (2) A maximum of one wire wrap shall be located on each vertical side of the escape gap. (3) A maximum of two wire wraps shall be located on the bottom horizontal side of the escape gap. (4) Wire shall not be used on the top horizontal side of the escape gap. (5) Each wire shall be tightly wrapped against the inside surface of the escape gap and shall not pass over the inside surface more than once. As used in this paragraph, “tightly wrapped” means no space exists at any point between the wire and the inside surface of the escape gap.

(e) A lobster trap constructed of lath or other material shall have an opening to allow a means of escape along the full length of one side of the rearmost chamber. The escape opening shall be of a spacing of not less than 2 3⁄8 inches, and the spacing shall be located parallel to, and within 2 3⁄8 inches of, the floor of the lobster trap.

AB 1254, Fish and Game Commission — (1) The California Constitution creates the Fish and Game Commission. Existing law establishes the commission in the Natural Resources Agency to perform specified functions. Existing law requires the commission to hold no fewer than 10 regular meetings per year, with no more than 2 regular meetings to be held in Sacramento per year.

This bill would require the commission to hold no fewer than 10 meetings per year, if the commission has adequate funding for related travel, including funding for department travel. It would also require no more than 3, rather than 2, regular meetings to be held in Sacramento per year.

(2) Existing law requires the Department of Fish and Game to prescribe a minimum level of skill and knowledge to be required of all hunter education instructors, and authorizes the department to limit the number of students per instructor in all required classes.

This bill would require the department to offer special hunting opportunities to qualified hunter education instructors by providing a limited number of existing tags and other hunting opportunities.

(3) Under existing law, 1⁄2 of all fines and forfeitures imposed or collected in any court of this state for violations of the Fish and Game Code are paid to the county in which the offense was committed and deposited in a county fish and wildlife propagation fund to be expended for the protection, conservation, propagation, and preservation of fish and wildlife, in accordance with specified requirements. Existing law authorizes the department to audit, or to require the county to audit, expenditures by the county from its fish and wildlife propagation fund in order to determine compliance with these requirements.

The bill would authorize the department to require that all expenditures from the fund be temporarily suspended, or to seek reimbursement of funds that the department determines, based on the audit, were expended improperly, or both, if, after reviewing the audit, the department determines that expenditures are not in compliance with the requirements.

Water

AB 1260, California Water Commission: terms of office — Existing law establishes the California Water Commission in the Department of Water Resources. Under existing law, the commission consists of 9 members who are appointed to 4-year terms by the Governor, subject to confirmation by the Senate. Existing law requires the terms of the 7 members in office as of January 1, 1958, to expire as follows: one member on January 15, 1958, 2 members on January 15, 1959, 2 members on January 15, 1960, and 2 members on January 15, 1961. Existing law requires the terms of the 2 members added to the commission after January 1, 1959, to expire as follows: one member on January 15, 1962, and one member on January 15, 1963. Thereafter, the successors to the members of the commission are required to be appointed for terms of 4 years.

This bill, with respect to the term of any member of the commission whose appointment has been confirmed by the Senate by January 1, 2011, and who is serving a term that is unexpired as of January 1, 2011, would change the expiration date of those terms to May 14, 2014. The bill, commencing on May 14, 2014, would require members succeeding to these terms to be appointed to the unexpired terms as specified by existing law. The bill would also make conforming changes to existing law.

Streets and Highways

AB 0044, Contractual assessments — Existing law, the Improvement Act of 1911, authorizes the legislative body of any public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within the public agency, as specified, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property, as specified.

Existing law requires the legislative body to make these determinations by adopting a resolution indicating its intention to do so and requires that the resolution include specified information and directs an appropriate public agency official to prepare a prescribed report.

This bill would define the term “permanently fixed,” for purposes of financing the installation of distributed generation renewable energy sources, to include systems that are attached to specified types of real property pursuant to a power purchase agreement or lease between the owner of the system and the owner of the assessed property, if the agreement satisfies prescribed criteria.

This bill would prohibit a public agency from permitting a property owner to participate in a contractual assessment program if the total amount of the assessments and taxes on the property exceeds 5% of the property’s market value, as specified. This bill would also require the prescribed report to include criteria for determining the underwriting requirements, as well as safeguards to be used to limit the total annual property tax and assessments on the property.

Finance

AB 1268, Financial institutions — Existing law provides for the regulation and licensure by the Commissioner of Financial Institutions of state-chartered banks and credit unions, money transmitters, persons engaged in the business of issuing travelers checks, business and industrial development corporations, and corporations engaging in the business of selling, in this state, payment instruments issued by it. Each of the laws regulating these licensees establishes various enforcement provisions for violations of those laws.

This bill would repeal specified portions of those enforcement provisions. The bill would recast, in one body of law, the enforcement provisions applicable to those licensees and would also recast various other provisions applicable to those licensees. The bill would recast provisions establishing the Deputy Commissioner of Financial Institutions for the Division of Credit Unions. The bill would recast provisions making it a crime for the deputy commissioner to fail to report to the commissioner information regarding the insolvency or unsafe condition of a licensee, if the deputy commissioner has knowledge of those facts. The bill would make other related changes, and would make other changes related to bank and trust company depositaries and stock acquisitions.

Existing law authorizes the commissioner to examine the books, accounts, records, files, and any office of a credit union. Existing law authorizes the commissioner to take possession of the property and business of a credit union if the commissioner finds, among other things, that the credit union has inadequate capital or is insolvent.

This bill would require the officers and employees of a credit union to exhibit the securities, books, records, and accounts to the examiners, on request. The bill would authorize the commissioner to take possession of the property and business of the credit union if the commissioner finds that the credit union has inadequate net worth, as defined, or is insolvent. The bill would also authorize the commissioner to call a meeting of the board of directors of a credit union, as specified.

Existing law prohibits a corporation from engaging in the trust business unless it complies with specified requirements. Existing law exempts from those requirements, among others, certain persons or corporations acting as a trustee or any person appointed as a receiver, trustee, or other fiduciary by the court.

This bill would exempt professional fiduciaries from those requirements.

Insurance

AB 1011, Green investments — Existing law requires each admitted insurer to provide information biennially to the Insurance Commissioner on all of its community development investments and community development infrastructure investments, as defined, in California. The commissioner and the Department of Insurance are required to provide certain information on these investments to the public, as specified. These provisions are to remain in effect only until January 1, 2011, and are repealed as of that date.

This bill would make findings and declarations relating to California’s role in greenhouse gas reduction, and would include green investments, as defined, as community development investments. The bill would require the commissioner, on the department’s Internet Web site, to biennially identify those insurers that make investments that qualify as green investments and the aggregate amount of identified insurer investments in green investments. The bill would extend the date for repealing those provisions to January 1, 2015.

The bill would make changes to findings and declarations relating to specialized financial institutions and tax incentives for their capitalization. The bill would incorporate additional changes to Section 926.2 of the Insurance Code, proposed by AB 41 of the 2009–10 Regular Session, to be operative only if both bills are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.

Public Resources

AB 1004. State Solid Waste Postclosure and Corrective Action Trust Fund — (1) The California Integrated Waste Management Act of 1989 requires a solid waste disposal fee, on and after January 1, 2012, to be increased by $0.12 per ton for each operator of a solid waste landfill that notifies the Department of Resources Recycling and Recovery that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund, which is available for expenditure, upon appropriation by the Legislature, for corrective action and postclosure activities. However, the fee will not be operative on or after January 1, 2012, unless the department receives, on or before July 1, 2011, letters of participation in the fund from landfill operators representing at least 50% of the total volume of waste disposed of in 2010. The act requires the department to notify the State Board of Equalization on or before August 31, 2011, if the increased fee will become operative.

This bill would extend all of those dates by 6 months, except the total volume of waste would still be measured by the 2010 standard, with the exception that letters of participation would be based on submission of those letters by landfill owners rather than landfill operators. The bill also would impose the participation notification requirements on the owner of a landfill rather than the operator.

(2) The act requires an operator of a landfill that meets specified requirements, including electing to participate in the fund, to submit written notice to the department on or before July 1, 2011. The act requires an operator that is operating a landfill on July 1, 2011, and submits that notice after the increased fee goes into effect to pay all trust fund fees applicable from January 1, 2012, and a 5% penalty before being allowed to participate. For a new landfill that receives a solid waste facility permit after July 1, 2011, the act requires the operator’s election to participate in the fund to be submitted in writing to the department before the department concurs in the issuance of the permit. The act also requires an operator of multiple landfills who is required to maintain evidence of financial ability and whose landfills are operating on July 1, 2011, to include all other landfills in which that operator has in common ownership in the letter of participation.

This bill would extend all of those dates by 6 months, and would apply those requirements to owners rather than operators. Additionally, a landfill with multiple owners would be authorized to participate only if all owners of that landfill elect to participate, and participation of a landfill with multiple owners would not obligate a partial owner of that landfill to include any other landfills at which the owner has full or partial ownership.

(3) The act requires the department after January 1, 2015, to report annually on expenditures from the fund, the status of cost recovery actions, and any recommended statutory changes that are necessary to ensure adequate resources are available to carry out the purposes of the fund.

This bill would require the department to begin that annual reporting after January 1, 2016, rather than January 1, 2015.

AB 1343, Architectural paint recovery program — Existing law prohibits the disposal of latex paint in the land or waters of the state and authorizes certain persons to accept latex paint for recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, is required to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient cost-effective manner to conserve water, energy, and other natural resources.

This bill would create an architectural paint recovery program that would be enforced by the department. On or before April 1, 2012, a manufacturer or designated stewardship organization would be required to submit to the department an architectural paint stewardship plan to develop and implement a recovery program to reduce the generation of postconsumer paint, promote the reuse of postconsumer architectural paint, and manage the end-of-life of postconsumer architectural paint, in an environmentally sound fashion, including collection, transportation, processing, and disposal. The plan would be required to contain specified elements of an architectural paint stewardship program, including, but not limited to, an architectural paint stewardship assessment, approved by the department, on each container of architectural paint sold in this state. The bill would require the plan to be reviewed and approved by the department within 90 days of receipt.

This bill would require, on or before July 1, 2012, or 3 months after a plan is approved by the department, the manufacturer or stewardship organization to implement the architectural paint stewardship program described in the approved plan. The bill would also prohibit a manufacturer or retailer from selling or offering for sale architectural paint to any person in this state, unless the manufacturer is listed on the department’s Internet Web site as being in compliance with the bill’s requirements. The prohibition would be in effect on the 120th day after a notice listing the manufacturers that are in compliance is posted on the department’s Internet Web site and would remain in effect with regard to a noncompliant manufacturer until that manufacturer is listed on the department’s Internet Web site or can otherwise demonstrate compliance, as prescribed.

This bill would authorize the department to administratively impose civil penalties for violations of the act. The bill would also require a stewardship organization to pay the department annual administrative fees in the amount that is sufficient to cover the department’s full costs of administering and enforcing the program. The bill would establish the Paint Recovery Account in the Integrated Waste Management Fund, would require the fees to be deposited in this account, and would require the department to expend those fees, upon appropriation by the Legislature, to cover the department’s costs to implement the bill’s provisions. The bill would also establish the Paint Recovery Penalty Subaccount in the Integrated Waste Management Fund, would require the penalties collected to be deposited in that subaccount, and would authorize the department to expend those funds, upon appropriation by the Legislature, to cover the department’s costs to implement the bill’s provisions. The bill would require manufacturers to submit a report to the department by July 1, 2013, and each year thereafter, describing their paint recovery efforts. The bill would provide that certain actions taken pursuant to the program established by the bill.

This bill would authorize the department to administratively impose civil penalties for violations of the act. The bill would also require a stewardship organization to pay the department annual administrative fees in the amount that is sufficient to cover the department’s full costs of administering and enforcing the program. The bill would establish the Paint Recovery Account in the Integrated Waste Management Fund, would require the fees to be deposited in this account, and would require the department to expend those fees, upon appropriation by the Legislature, to cover the department’s costs to implement the bill’s provisions. The bill would also establish the Paint Recovery Penalty Subaccount in the Integrated Waste Management Fund, would require the penalties collected to be deposited in that subaccount, and would authorize the department to expend those funds, upon appropriation by the Legislature, to cover the department’s costs to implement the bill’s provisions. The bill would require manufacturers to submit a report to the department by July 1, 2013, and each year thereafter, describing their paint recovery efforts. The bill would provide that certain actions taken pursuant to the program established by the bill do not violate the Cartwright Act or the Unfair Practices Act.

Public Utilities

AB510, Net energy metering — Existing law relative to private energy producers requires every electric utility, as defined, to make available to an eligible customer-generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer-generators exceeds 2.5% of the electric utility’s aggregate customer peak demand.

This bill instead would require that the standard contract or tariff for net energy metering be offered on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer-generators exceeds 5% of the electric utility’s aggregate customer peak demand. The bill would require an electrical corporation to include a provision in the net energy metering contract or tariff requiring that any customer with an existing electrical generating facility and meter who enters into a new net energy metering contract to provide an inspection report to the electrical corporation, unless the electrical generating facility and meter have been installed or inspected within the previous 3 years.

Civil Procedure

AB 1263, Service of eviction notice — Existing law governs unlawful detainer proceedings to effect the removal of a tenant from the property. Existing law specifies the manner of serving notice upon a tenant under those circumstances. Existing law requires service of the notice by delivering a copy to the tenant personally. If the tenant is absent from his or her place of residence, and from his or her usual place of business, existing law provides that notice may be served by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence. If the residence and business cannot be ascertained, or a person of suitable age and discretion there cannot be found, existing law authorizes the notice to be served by affixing a copy in a conspicuous place on the property and delivering a copy to the person there residing, if that person can be found, and by sending a copy through the mail addressed to the tenant at the place where the property is situated.

This bill would revise the provision governing the methods of serving notice upon a commercial tenant, as defined, for purposes of the unlawful detainer provisions by deleting the requirement that service be made at the tenant’s place of residence or usual place of business. The bill would instead provide that service upon a commercial tenant be made by (1) delivering a copy to the tenant personally, (2) leaving a copy with some person of suitable age and discretion at the property and sending a copy through the mail, as specified, or (3) by affixing a copy in a conspicuous place on the property and sending a copy through the mail, as specified.



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