Today's Law As Amended

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SB-2053 Legal entities: limited partnerships: limited liability companies: professional corporations.(1993-1994)



SECTION 1.

 Section 128 of the Business and Professions Code is amended to read:

128.
 Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies, or services are to be used in the performance of a service or contract in violation of the licensing requirements of this code.
The provisions of this section shall not be applicable to cash sales of less than one hundred dollars ($100).
For the purposes of this section, “person” includes, but is not limited to, a company, partnership, limited liability company, firm, or corporation.
For the purposes of this section, “license” includes certificate or registration.
A violation of this section shall be punishable by a fine of not less than one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding six months.

SEC. 2.

 Section 302 of the Business and Professions Code is amended to read:

302.
 As used in this chapter, the following terms have the following meanings:
(a)   “Department” means the Department of Consumer Affairs.  
(b)   “Director” means the Director of the Department of Consumer Affairs.  
(c)   “Consumer” means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.  
(d)   “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized.  
(e)   “Individual” does not include a partnership, corporation, association, or other group, however organized.  
(f)   “Division” means the Division of Consumer Services.  
(g)   “Interests of consumers” is limited to the cost, quality, purity, safety, durability, performance, effectiveness, dependability, availability, and adequacy of choice of goods and services offered or furnished to consumers and the adequacy and accuracy of information relating to consumer goods, services, money, or credit (including labeling, packaging, and advertising of contents, qualities, and terms of sales).  

SEC. 3.

 Section 653 of the Business and Professions Code is amended to read:

653.
 The word “person” as used in this article includes an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.

SEC. 4.

 Section 1201 of the Business and Professions Code is amended to read:

1201.
 As used in this chapter, “person” includes firm, association, partnership, individual, limited liability company, and corporation.

SEC. 5.

 Section 2032 of the Business and Professions Code is amended to read:

2032.
 “Person” means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof, except that only natural persons shall be licensed under this chapter.

SEC. 6.

 Section 3300 of the Business and Professions Code is amended to read:

3300.
 “Person,” as used in this chapter, includes any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof.

SEC. 7.

 Section 4039 of the Business and Professions Code is amended to read:

4039.
 “Physicians,” “dentists,” “optometrists,” “pharmacists,” “podiatrists,” “veterinarians,” “veterinary surgeons,” “registered nurses,” “naturopathic doctors,” and “physician’s assistants” are persons authorized by a currently valid and unrevoked license to practice their respective professions in this state. “Physician” means and includes any person holding a valid and unrevoked physician’s and surgeon’s certificate or certificate to practice medicine and surgery, issued by the Medical Board of California or the Osteopathic Medical Board of California, and includes an unlicensed person lawfully practicing medicine pursuant to Section 2065, when acting within the scope of that section. “Person” includes firm, association, partnership, corporation, limited liability company, state governmental agency, or political subdivision. 

SEC. 7.1.

 Section 4081 of the Business and Professions Code is amended to read:

4081.
 (a) All   records of manufacture and of sale, acquisition, receipt, shipment, or disposition of dangerous drugs or dangerous devices shall be at all times during business hours open to inspection by authorized officers of the law, and shall be preserved for at least three years from the date of making. A current inventory shall be kept by every manufacturer, wholesaler, third-party logistics provider, pharmacy, veterinary food-animal drug retailer, outsourcing facility, physician, dentist, podiatrist, veterinarian, laboratory, licensed correctional clinic, as defined in Section 4187, clinic, hospital, institution, or establishment holding a currently valid and unrevoked certificate, license, permit, registration, or exemption under Division 2 (commencing with Section 1200) of the Health and Safety Code or under Part 4 (commencing with Section 16000) of Division 9 of the Welfare and Institutions Code who maintains a stock of dangerous drugs or dangerous devices. Each application to conduct a pharmacy or medical device retailer shall be made on a form furnished by the board, and shall state the name, address, usual occupation, and professional qualifications, if any, of the applicant. If the applicant is other than a natural person, the application shall state the information as to each person beneficially interested therein.  
(b)  As used in this section, and subject to subdivision (c), the term “person beneficially interested” means and includes:
(1)  If the applicant is a partnership or other unincorporated association, each partner or member.
(2)  If the applicant is a corporation, each of its officers, directors, and stockholders, provided that no natural person shall be deemed to be beneficially interested in a nonprofit corporation.
(b) (3)  The   owner, officer, and partner of a pharmacy, wholesaler, third-party logistics provider, or veterinary food-animal drug retailer shall be jointly responsible, with the pharmacist-in-charge, responsible manager, or designated representative-in-charge, for maintaining the records and inventory described in this section. If the applicant is a limited liability company, each officer, manager, or member.  
(c)   The pharmacist-in-charge, responsible manager, or designated representative-in-charge shall not be criminally responsible for acts of the owner, officer, partner, or employee that violate this section and of which the pharmacist-in-charge, responsible manager, or designated representative-in-charge had no knowledge, or in which he or she did not knowingly participate. In any case where the applicant is a partnership or other unincorporated association, or is a limited liability company, or is a corporation, and where the number of partners, members, or stockholders, as the case may be, exceeds five, the application shall so state, and shall further state the information required by subdivision (a) as to each of the five partners, members, or stockholders who own the five largest interests in the applicant entity. Upon request by the executive officer, the applicant shall furnish the board with the information required by subdivision (a) as to partners, members, or stockholders not named in the application, or shall refer the board to an appropriate source of that information.  
(d)  The application shall contain a statement to the effect that the applicant has not been convicted of a felony and has not violated any of the provisions of this chapter. If the applicant cannot make this statement the application shall contain a statement of the violation, if any, or reasons that will prevent the applicant from being able to comply with the requirements with respect to the statement.
(d) (e)  Pharmacies   that dispense nonprescription diabetes test devices pursuant to prescriptions shall retain records of acquisition and sale of those nonprescription diabetes test devices for at least three years from the date of making. The records shall be at all times during business hours open to inspection by authorized officers of the law. Upon the approval of the application by the board and payment of the fee required by this chapter for each pharmacy or medical device retailer, the executive officer of the board shall issue a permit to conduct a pharmacy or medical device retailer under the provisions of Section 4080, if all of the provisions of this chapter have been complied with.  
(f)  Any other provision of law notwithstanding, the permit shall authorize the holder to conduct a pharmacy and to sell and dispense prophylactics, hypodermics, hypnotics, and poisons. The permit shall be renewed annually and shall not be transferable, and any change in the beneficial ownership interest of the pharmacy shall be reported within 30 days thereafter upon a form to be furnished by the board.
(g)  Any other provision of law notwithstanding, the medical device retailer permit shall authorize the holder thereof to conduct a medical device retailer and to sell and dispense dangerous devices as defined in Section 4211. Any change in the beneficial ownership interest of the medical device retailer shall be reported within 30 days thereafter upon a form to be furnished by the board.

SEC. 8.

 Section 5035 of the Business and Professions Code is amended to read:

5035.
 “Person” includes individual, partnership, firm, association, limited liability company, or corporation, unless otherwise provided.

SEC. 9.

 Section 5219 of the Business and Professions Code is amended to read:

5219.
 “Person” includes natural person, firm, cooperative, partnership, association, limited liability company, and corporation.

SEC. 10.

 Section 7210.5 of the Business and Professions Code is amended to read:

7210.5.
 It is unlawful to solicit funds for any person purporting to provide guide dogs for the blind in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section “person” means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.

SEC. 11.

 Section 7500.1 of the Business and Professions Code is amended to read:

7500.1.
 The following terms as used in this chapter have the meaning expressed in this section: section. 
(a)   “Advertisement” means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. “Person” includes any individual, partnership, limited liability company, or corporation.  
(b) “Assignment”   or “repossession order” means any written authorization by the legal owner, lienholder, lessor, lessee, or registered owner, or the agent of any of them, to skip trace, locate, or repossess any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. “Assignment” or “repossession order” also means any written authorization by an employer to recover any collateral entrusted to an employee or former employee in possession of the collateral. A photocopy of an assignment or repossession order, facsimile copy of an assignment or repossession order, or electronic format of an assignment or repossession order shall have the same force and effect as an original written assignment or repossession order. “Department” means the Department of Consumer Affairs.  
(c)  “Director” means the Director of Consumer Affairs.
(c) (d)   “Bureau” means the Bureau of Security and Investigative Services.  
(d) (e)   “Chief” means the Chief of the Bureau of Security and Investigative Services.  
(e) (f)   “Collateral” means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. “Licensee” means an individual, partnership, or corporation licensed under this chapter as a repossession agency.  
(g)  “Qualified certificate holder” or “qualified manager” is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee’s place of business.
(h)  “Employee” means a person registered under this chapter.
(f) (i)   “Combustibles” “Services”  means any substances or articles that are capable of undergoing combustion or catching fire, or that are flammable, if retained. duty or labor to be rendered by one person for another.  
(g) (j)   “Dangerous drugs” means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.  
(h) (k)   “Deadly weapon” means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club.  
(i) (  l)   “Debtor” means any person obligated under a security agreement. “Combustibles” means any substance or article that is capable of undergoing combustion or catching fire, or that is flammable, if retained.  
(j) “Department” means the Department of Consumer Affairs.
(k) “Director” means the Director of Consumer Affairs.
(l) “Electronic format” includes, but is not limited to, a text message, email, or Internet posting.
(m)   “Health hazard” means any personal effects that which  if retained would produce an unsanitary or unhealthful condition, or which might damage other personal effects. condition.  
(n)   “Legal owner” means a person holding a security interest in any collateral where the collateral is subject to a security agreement, a lien against any collateral, an assignment or a repossession order, or an interest in any collateral that is subject to a lease agreement. “Advertisement” means any written or printed communication, including a directory listing, except a free telephone directory listing which does not allow space for a license number.  
(o)   “Licensee” means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency. “Assignment” means an authorization by the legal owner, lienholder, lessor, or lessee to recover, or to collect money payment in lieu of recovery of, personal property, including, but not limited to, personal property registered under the Vehicle Code which has been sold under a security agreement that contains a repossession clause. “Assignment” also means an authorization by the registered owner to recover personal property registered under the Vehicle Code where an employer-employee relationship exists or existed between the registered owner and the possessor of the property and the possessor is wrongfully in possession of the property.  
(p) “Multiple licensee” means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license.
(q) “Person” includes any individual, partnership, limited liability company, or corporation.
(r) “Personal effects” means any property that is not the property of the legal owner.
(s) “Private building” means and includes any dwelling, outbuilding, or other enclosed structure.
(t) “Qualified certificate holder” or “qualified manager” is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee’s place of business.
(u) “Registered owner” means the individual listed in the records of the Department of Motor Vehicles, on a conditional sales contract, or on an assignment or a repossession order, as the registered owner.
(v) “Registrant” means a person registered under this chapter.
(w) “Secured area” means and includes any fenced and locked area.
(x) (p)   “Security agreement” means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of his or her debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. “Security agreement” also includes a bailment where an employer-employee relationship exists or existed between the bailor and the bailee. 
(q)  “Legal owner” means a person holding a security interest in personal property which has been sold, leased, or rented under a security agreement.
(y) (r)   “Services” means any duty or labor to be rendered by one person for another. “Private building” means and includes any dwelling, outbuilding, or other enclosed structure.  
(s)  “Secured area” means and includes any fenced and locked area.
(z) (t)   “Violent act” means any act that which  results in bodily harm or injury to any party involved.  
(u)  “Personal property” means any vehicle, boat, recreational vehicle, motor home, appliance, or other property which has been sold under a security agreement.
(aa) (v)  The   amendments made to this section by Chapter 418 of the Statutes of 2006 shall not be deemed to exempt any person from the provisions of this chapter. “Personal effects” means any property contained within repossessed personal property which is not the property of the legal owner.  

SEC. 12.

 Section 7512.3 of the Business and Professions Code is amended to read:

7512.3.
 (a)  As used in this chapter, “person” includes any individual, firm, company, limited liability company,  association, organization, partnership, limited liability company,  and corporation.
(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 13.

 Section 7590.1 of the Business and Professions Code is amended to read:

7590.1.
 The following terms as used in this chapter have the meaning expressed in this article:
(a)   “Person” means any individual, firm, company, association, organization, partnership, limited liability company, or corporation.  
(b)   “Department” means the Department of Consumer Affairs.  
(c)   “Director” means the Director of Consumer Affairs.  
(d)   “Bureau” means the Bureau of Security and Investigative Services.  
(e)   “Chief” means the Chief of the Bureau of Security and Investigative Services.  
(f)   “Employer” means a person who employs an individual for wages or salary, lists the individual on the employer’s payroll records, and withholds all legally required deductions and contributions.  
(g)   “Employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s direction and control.  
(h)   “Employer-employee relationship” means an individual who works for another and where the individual’s name appears on the payroll records of the employer.  
(i)   “Licensee” means a business entity, whether an individual, partnership, limited liability company,  or corporation licensed under this chapter.  
(j)   “Qualified manager” means an individual who is in active control, management, and direction of the licensee’s business, and who is in possession of a current and valid qualified manager’s certificate pursuant to this chapter.  
(k)   “Registrant” means any person registered or who has applied for registration under this chapter.  
(  l)   “Branch office” means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599.20).  
(m)   “Branch office manager” means an individual designated by the qualified manager to manage the licensee’s branch office and who has met the requirements as set forth in Article 11 (commencing with Section 7599.20).  
(n)   “Alarm system” means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police may  are expected to  respond.  
(o)   “Alarm agent” means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision.  
(p)   “Deadly weapon” means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles; any dirk, dagger, pistol, revolver, or any other firearm; any knife having a blade longer than five inches; any razor with an unguarded blade; or any metal pipe or bar used or intended to be used as a club.  
(q)   “Firearms permit” means a permit issued by the bureau, pursuant to Article 6 (commencing with Section 7596), to a licensee, a qualified manager, or an alarm agent, to carry an exposed firearm while on duty.  
(r)   (1)   “Advertisement” means:  
(A)   Any written or printed communication for the purpose of soliciting, describing, or promoting the licensed business of the licensee, including a brochure, letter, pamphlet, newspaper, periodical, publication, or other writing.  
(B)   A directory listing caused or permitted by the licensee which indicates his or her licensed activity.  
(C)   A radio, television, or similar airwave transmission which solicits or promotes the licensed business of the licensee.  
(2)   “Advertisement” does not include any of the following:  
(A)   Any printing or writing used on buildings, vehicles, uniforms, badges, or other property where the purpose of the printing or writing is identification.  
(B)   Any printing or writing on communications, memoranda, or any other writings used in the ordinary course of business where the sole purpose of the writing is other than the solicitation or promotion of business.  
(C)   Any printing or writing on novelty objects used in the promotion of the licensee’s business where the printing of the information required by this chapter would be impractical due to the available area or surface.  
(s)   “Residential sales agreement” means and includes an agreement between an alarm company operator and an owner or tenant for the purchase of an alarm system to be utilized in the personal residence of the owner or tenant.  
(t)   “Firearm permit” means and includes “firearms permit,” “firearms qualification card,” “firearms qualification,” and “firearms qualification permit.”  
(u) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

SEC. 14.

 Section 8504 of the Business and Professions Code is amended to read:

8504.
 “Person” includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof.

SEC. 15.

 Section 9801 of the Business and Professions Code is amended to read:

9801.
 The following terms as used in this chapter have the meaning expressed in this section:
(a)   “Person” includes a  firm, partnership, association, limited liability company, or corporation.  
(b)   “Department” means the Department of Consumer Affairs.  
(c)   “Director” means the Director of Consumer Affairs.  
(d)   “Bureau” means the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Repair.  
(e)   “Chief” means the Chief of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Repair.  
(f)   “Service dealer” means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in in,  the business of:  
(1)   Repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use.  
(2)   Installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles.  
(3)   Installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence and not involving a function that which  is subject to and regulated under the provisions of Chapter 9 (commencing with Section 7000).  
(4)   Repairing, servicing, or maintaining major appliances.  
(g)   “Equipment” for the purposes of this chapter means an electronic set, appliance, antenna, rotator, and accessories.  
(h)   “Electronic set” includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier, or facsimile machine facsimile machine, or cellular telephone  normally used or sold for personal, family, household, or home office use.  
(i)   “Appliance” or “major home appliance” includes, but is not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, or room air-conditioner  air conditioner  normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles.  
(j)   “Antenna” includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna antenna,  and its associated accessories are accessories, is  not deemed to be a part of a set set,  and shall be considered, under this section, to be located outside or in the attic of a residence.  
(k)   “Rotator,” when used in connection with an antenna installation or repair, includes, but is not limited to, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are is  not deemed to be a part of a set and shall be considered under this section, with the exception of the directional control unit, to be located outside or in the attic of a residence.  
(l) (  l)   “Accessories,” when used in connection with an antenna or rotator installation or repair, includes, but is not limited to, masts, towers, clamps, guy wires, eye hooks, standoff insulators, roof saddles, vent pipe mounts, chimney mount kits, signal amplifiers/boosters, multiset couplers, transmission lines, control cables, directional control units, and other devices as may be used from time to time to effect installation or repair.  
(m)   “Computer system” includes, but is not limited to, a central processing unit that which  performs data manipulation functions, and any associated peripheral devices, including, but not limited to, keyboards, display terminals, printers, or disk drives.  
(n)   “Video game” includes, but is not limited to, any electronic amusement device that which  utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube or a television set or a monitor.  
(o)   “Direct satellite signal receiving equipment” includes, but is not limited to, receivers, down converters, amplifiers, and audio or video processors related to the reception of audio, video, or data signals broadcasted or rebroadcasted by communication satellites located in space.  
(p)   “Electronic repair industry” means those activities defined in paragraph (1), (2), or (3) of subdivision (f).  
(q)   “Appliance repair industry” means those activities defined in paragraph (4) of subdivision (f).  

SEC. 16.

 Section 9880.1 of the Business and Professions Code is amended to read:

9880.1.
 The following definitions apply for the purposes of this chapter: terms as used in this chapter have the meaning expressed in this section.  
(a)   “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.  
(b)   “Chief” means the Chief of the Bureau of Automotive Repair.  
(c)   “Bureau” means the Bureau of Automotive Repair.  
(d)   “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.  
(e)   “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and also excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing fan belts, oil, and air filters, and other minor services, which the director, by regulation, determines are customarily performed by gasoline service stations.  
No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation.  
(f)   “Person” includes firm, partnership, association, limited liability company, or corporation.  
(g)   An “automotive technician”  A “mechanic”  is an employee of an automotive repair dealer or is that dealer, if the employer or dealer repairs motor vehicles and who for salary or wage performs maintenance, diagnostics,  repair, removal, or installation of any integral component parts of an engine, driveline, chassis or body of any vehicle, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories; cleaning, replacing fan belts, oil and air filters; and other minor services which the director, by regulation, determines are customarily performed by a gasoline service station.  
(h)   “Director” means the Director of Consumer Affairs.  
(i)   “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers.  
(j) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.

SEC. 17.

 Section 9891.1 of the Business and Professions Code is amended to read:

9891.1.
 For the purposes of this chapter, the following words have the following meanings:
(a)  (1)  Except as otherwise provided in paragraph (2), “tax preparer” includes:
(A)  Any person who, for a fee, assists with or prepares tax returns for another person or who assumes final responsibility for completed work on a return on which preliminary work has been done by another person, or who holds himself or herself out as offering those services. Each person engaged in that activity shall be deemed to be a separate person for the purposes of this chapter, irrespective of affiliation with or employment by another tax preparer.
(B)  Any corporation, partnership, association, or other entity which has associated with it persons not exempted from this chapter under Section 9891.2, which persons shall have as part of their responsibilities the preparation of data and ultimate signatory authority on tax returns or which holds itself out as offering those services or having that authority.
(2)  Notwithstanding paragraph (1), “tax preparer” does not include an employee who, as part of the regular clerical duties of his or her employment, prepares his or her employer’s income, sales, or payroll tax returns.
(b)  “Administrator” means the official appointed by the Governor to head the program.
(c)  “Director” means the Director of the Department of Consumer Affairs.
(d)  “Fee” means any money or valuable consideration paid or promised to be paid for services rendered or promised to be rendered by any tax preparer.
(e)  “Person” includes an individual, firm, partnership, association, joint venture, corporation, limited liability company, or any combination thereof.
(f)  “Program” includes all procedures, regulations, and activities authorized by or associated with this chapter.
(g)  “Registrant” includes any tax preparer not specifically exempted by Section 9891.2, and those persons otherwise entitled to exemption under Section 9891.2 who have voluntarily expressed desire to be registered under the program.
(h)  “Tax return” means any return, declaration, statement, refund claim or other document required to be made or filed in connection with state or federal income taxes or state bank and corporation franchise taxes.

SEC. 18.

 Section 9998.1 of the Business and Professions Code is amended to read:

9998.1.
 The following definitions are applicable to this chapter:
(a)   “Person” includes any natural person, company, firm, partnership partnership,  or joint venture, association, corporation, limited liability company, or sole proprietorship.  
(b)   “Foreign labor contracting activity” means recruiting or soliciting for compensation a foreign worker who resides outside of the United States in furtherance of that worker’s employment in California, including when that activity occurs wholly outside the United States. “Foreign labor contracting activity” does not include the services of an employer, or employee of an employer, if those services are provided directly  “Compensation” means all forms of remuneration or consideration for the provision of employment services  to foreign workers solely to find workers for the employer’s own use. by a foreign labor contractor.  
(c)  “Employment services” includes, but is not limited to, procuring employment, marketing labor, or otherwise arranging the employment or transportation, housing, and other living accommodations for foreign workers either on behalf of those workers or on behalf of another party.
(c) (d)   “Foreign worker” means any person seeking employment who is not a United States citizen or permanent resident  but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor pursuant to Section 101(a)(15)(H)(ii)(b) of  1101(a)(15)(H)(ii)(b) of Title 8 of  the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(b)). Act.  
(d) (e)   “Foreign labor contractor” means any person who performs foreign labor contracting activity, including any person who performs foreign labor contracting activity wholly outside the United States, except that the term does not include any entity of federal, state, or local government. “Foreign labor contractor” does not include a person licensed by the Labor Commissioner as a talent agency under Chapter 4 (commencing with Section 1700) of Part 6 of Division 2 of the Labor Code, or a person who obtained and maintains full written designation from the United States Department of State under Part 62 of Title 22 of the Code of Federal Regulations. for compensation agrees to assist in securing or who actually secures for or provides employment services to foreign workers.  

SEC. 19.

 Section 14001 of the Business and Professions Code is amended to read:

14001.
 As used in this division, “person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.

SEC. 20.

 Section 14204 of the Business and Professions Code is amended to read:

14204.
 “Person” means any individual, firm, partnership, corporation, limited liability company, union, association, entity, or other organization.

SEC. 21.

 Section 18402 of the Business and Professions Code is amended to read:

18402.
 As used in this chapter:
(a)   “Person” means any individual, firm, corporation, partnership, limited liability company, association, trustee, receiver or assignee for the benefit of creditors.  
(b)   “Sell,” “sold,” “buy,” and “purchase” include exchange, barter, gift, and offer of contract to sell or buy.  
(c)   “Manufacturer” means (i)   any person who is engaged, directly or indirectly, in the manufacture of motor vehicles, and (ii)   any other person directly or indirectly owned by him who is engaged in the sale or distribution of motor vehicles or any interest therein at wholesale.  
(d)   “Retailer” means any person who is engaged or who intends to engage in the business of selling motor vehicles at retail in this state.  
(e)   “Lender” means any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state.  

SEC. 22.

 Section 18824 of the Business and Professions Code is amended to read:

18824.
 (a) Except as provided in Sections 18646 and 18832, every person who conducts a contest or wrestling exhibition shall, within 72 hours after the determination of every contest or wrestling exhibition for which admission is charged and received, furnish to the commission the following:
(1) Except  A   as provided in Section 18646 and Section 18832, every person who conducts a contest or wrestling exhibition shall, within 72 hours after the determination of every contest or wrestling exhibition for which admission is charged and received, furnish to the commission a  written report executed under penalty of perjury by one of the officers, showing the number of tickets issued or sold for the contest or wrestling exhibition, the  amount of the gross receipts, not to exceed two million dollars ($2,000,000),  receipts or value thereof,  and the gross price for the contest or wrestling exhibition  charged directly or indirectly and no matter by whom received, for the sale, lease, or other exploitation of broadcasting and television rights of the contest or wrestling exhibition, and without any deductions, except for expenses incurred for one broadcast announcer, telephone line connection, and transmission mobile equipment facility, which may be deducted from the gross taxable base when those expenses are approved by the commission. The person shall also, within the same time, pay to the commission a 5-percent fee, exclusive of any federal taxes paid thereon, of the amount paid for admission to the contest or wrestling exhibition, and of the gross price as described above for the sale, lease, or other exploitation of broadcasting or television rights thereof, except that in no case shall the fee be less than one thousand dollars ($1,000). The minimum fee for an amateur contest or exhibition shall not be less than five hundred dollars ($500). The amount of the gross receipts upon which the fee provided for in this section is calculated shall not include any assessments levied by the commission under Section 18711. 
(2) A fee of 5 percent, exclusive of any federal taxes paid thereon, of the amount paid for admission to the contest or wrestling exhibition, except that for any one contest, the fee shall not exceed the amount of one hundred thousand dollars ($100,000). The commission shall report to the Legislature on the fiscal impact of the one-hundred-thousand-dollar ($100,000) limit on fees collected by the commission for admissions revenues during its next sunset review.
(A) The amount of the gross receipts upon which the fee provided for in paragraph (2) is calculated shall not include any assessments levied by the commission under Section 18711.
(B) If the fee for any one boxing contest exceeds seventy thousand dollars ($70,000), the amount in excess of seventy thousand dollars ($70,000) shall be paid one-half to the commission and one-half to the Boxers’ Pension Fund.
(C)  The fee on admission  shall apply to the amount actually paid for admission and not to the regular established price.
(D)  No fee is due in the case of a person admitted free of charge. However,  charge; provided, however,  if the total number of persons admitted free of charge to a boxing, kickboxing, or martial arts contest, contest  or wrestling exhibition exceeds 33 25  percent of the total number of spectators, then a fee of one dollar ($1) per complimentary ticket or pass used to gain admission to the contest shall be paid to the commission for each complimentary ticket or pass that exceeds the numerical total of 33 25  percent of the total number of spectators.
(E) The minimum fee for an amateur contest or exhibition shall not be less than one thousand dollars ($1,000). The minimum fee for a professional contest or exhibition shall not be less than one thousand two hundred fifty dollars ($1,250).
(3) A fee of up to 5 percent, to be established by the commission through regulations to become operative on or before July 1, 2008, and updated periodically as needed, of the gross price, exclusive of any federal taxes paid thereon, for the sale, lease, or other exploitation of broadcasting or television rights thereof, except that in no case shall the fee be less than one thousand dollars ($1,000) or more than thirty-five thousand dollars ($35,000).
(b)  As used in this section, “person” includes a promoter, club, individual, corporation, partnership, association,  limited liability company, association  or other organization, and “wrestling exhibition” means a performance of wrestling skills and techniques by two or more individuals, to which admission is charged or which is broadcast or televised, in which the participating individuals are not required to use their best efforts in order to win, and for which the winner may have been selected before the performance commences.

SEC. 23.

 Section 18830 of the Business and Professions Code is amended to read:

18830.
 As used in this article:
(a)   “Person” includes a promoter, club, individual, corporation, partnership, limited liability company, association, association  or other organization.  
(b)   “Closed circuit telecast” includes any telecast or broadcast, transmitted by any means, including subscription where an extra or additional fee is charged or  where an identifiable or particular fee is charged for the viewing within this state of a simultaneous telecast of any live, current, or spontaneous match or wrestling exhibition.  

SEC. 24.

 Section 19413 of the Business and Professions Code is amended to read:

19413.
 “Person” includes any individual, partnership, corporation, limited liability company, or other association or organization.

SEC. 25.

 Section 20008 of the Business and Professions Code is amended to read:

20008.
 “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust or an unincorporated organization.

SEC. 26.

 Section 21500 of the Business and Professions Code is amended to read:

21500.
 As used in this article:
(a)   “Person” means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches.  
(b)   “Consumer” means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale.  

SEC. 27.

 Section 22104 of the Business and Professions Code is amended to read:

22104.
 “Person” includes a firm, partnership, association, limited liability company, and corporation.

SEC. 28.

 Section 51.5 of the Civil Code is amended to read:

51.5.
 (a)  No business establishment of any kind whatsoever shall discriminate against, boycott or blacklist, or  refuse to buy from, contract with,  sell to, or trade with any person in this state on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, because of the race, creed, religion, color, national origin, sex, or disability of the person  or of the person’s partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, any of those characteristics. customers. 
(b)  As used in this section, section  “person” includes any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.
(c) Nothing  This   in this  section shall not  be construed to require any construction, alteration, alternation,  repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law,  whatsoever  to any new or existing establishment, facility, building, improvement, or any other structure, nor shall this section be construed  or  to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. provisions of the law. 

SEC. 29.

 Section 81 of the Civil Code is amended to read:

81.
 As used in this part:
(a)   “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity.  
(b)   “Dealership” means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise.  
(c)   “Grantor” means a person who sells, leases, or otherwise transfers a dealership.  
(d)   “Community of interest” means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services.  
(e)   “Dealer” means a person who is a grantee of a dealership situated in this state.  
(f)   “Grant” means a sale, lease, or transfer of any kind.  

SEC. 30.

 Section 987 of the Civil Code is amended to read:

987.
 (a)   The Legislature hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist’s personality, is detrimental to the artist’s reputation, and artists therefore have an interest in protecting their works of fine art against any alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations.  
(b)   As used in this section:  
(1)   “Artist” means the individual or individuals who create a work of fine art.  
(2)   “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, but shall not include work prepared under contract for commercial use by its purchaser.  
(3)   “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized.  
(4)   “Frame” means to prepare, or cause to be prepared, a work of fine art for display in a manner customarily considered to be appropriate for a work of fine art in the particular medium.  
(5)   “Restore” means to return, or cause to be returned, a deteriorated or damaged work of fine art as nearly as is feasible to its original state or condition, in accordance with prevailing standards.  
(6)   “Conserve” means to preserve, or cause to be preserved, a work of fine art by retarding or preventing deterioration or damage through appropriate treatment in accordance with prevailing standards in order to maintain the structural integrity to the fullest extent possible in an unchanging state.  
(7)   “Commercial use” means fine art created under a work-for-hire arrangement for use in advertising, magazines, newspapers, or other print and electronic media.  
(c)   (1)   No person, except an artist who owns and possesses a work of fine art which the artist has created, shall intentionally commit, or authorize the intentional commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art.  
(2)   In addition to the prohibitions contained in paragraph (1), no person who frames, conserves, or restores a work of fine art shall commit, or authorize the commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art by any act constituting gross negligence. For purposes of this section, the term “gross negligence” shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art.  
(d)   The artist shall retain at all times the right to claim authorship, or, for a just and valid reason, to disclaim authorship of his or her work of fine art.  
(e)   To effectuate the rights created by this section, the artist may commence an action to recover or obtain any of the following:  
(1)   Injunctive relief.  
(2)   Actual damages.  
(3)   Punitive damages. In the event that punitive damages are awarded, the court shall, in its discretion, select an organization or organizations engaged in charitable or educational activities involving the fine arts in California to receive any punitive damages.  
(4)   Reasonable attorneys’ and expert witness fees.  
(5)   Any other relief which the court deems proper.  
(f)   In determining whether a work of fine art is of recognized quality, the trier of fact shall rely on the opinions of artists, art dealers, collectors of fine art, curators of art museums, and other persons involved with the creation or marketing of fine art.  
(g)   The rights and duties created under this section:  
(1)   Shall, with respect to the artist, or if any artist is deceased, his or her heir, beneficiary, devisee, or personal representative, exist until the 50th anniversary of the death of the artist.  
(2)   Shall exist in addition to any other rights and duties which may now or in the future be applicable.  
(3)   Except as provided in paragraph (1) of subdivision (h), may not be waived except by an instrument in writing expressly so providing which is signed by the artist.  
(h)   (1)   If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of the work, the rights and duties created under this section, unless expressly reserved by an instrument in writing signed by the owner of the building, containing a legal description of the property and properly recorded, shall be deemed waived. The instrument, if properly recorded, shall be binding on subsequent owners of the building.  
(2)   If the owner of a building wishes to remove a work of fine art which is a part of the building but which can be removed from the building without substantial harm to the fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction, the rights and duties created under this section shall apply unless the owner has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of his or her intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person.  
(3)   If a work of fine art can be removed from a building scheduled for demolition without substantial physical defacement, mutilation, alteration, or destruction of the work, and the owner of the building has notified the owner of the work of fine art of the scheduled demolition or the owner of the building is the owner of the work of fine art, and the owner of the work of fine art elects not to remove the work of fine art, the rights and duties created under this section shall apply, unless the owner of the building has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of the intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person.  
(4)   Nothing in this subdivision shall affect the rights of authorship created in subdivision (d) of this section.  
(i)   No action may be maintained to enforce any liability under this section unless brought within three years of the act complained of or one year after discovery of the act, whichever is longer.  
(j)   This section shall become operative on January 1, 1980, and shall apply to claims based on proscribed acts occurring on or after that date to works of fine art whenever created.  
(k)   If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect any other provisions or applications of this section which can be effected without the invalid provision or application, and to this end the provisions of this section are severable.  

SEC. 31.

 Section 1738 of the Civil Code is amended to read:

1738.
 As used in this title:
(a)   “Artist” means the person who creates a work of fine art or, if that person is deceased, that person’s heir, legatee, or personal representative.  
(b)   “Fine art” means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, or a work in mixed media (including a collage, assemblage, or any combination of the foregoing art media).  
(c)   “Art dealer” means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.  
(d)   “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized.  
(e)   “Consignment” means that no title to, estate in, or right to possession of, fine art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee’s power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to such fine art.  

SEC. 32.

 Section 1739.7 of the Civil Code is amended to read:

1739.7.
 (a)   As used in this section:  
(1)   “Autographed collectible” means an item  “Autographed” means  bearing the actual  signature of a particular person that is sold or offered for sale for fifty dollars ($50) or more, excluding sales tax and shipping fees, when the dealer offers the signed item at a higher price than the dealer would charge for a comparable item without the signature. sports personality signed by that individual’s own hand.  
(2) For purposes of this section, an autographed collectible shall be limited to the following items:
(A) (2)   Sports items,  “Collectible” means an autographed sports item,  including, but not limited to, a photograph, book,  ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia. memorabilia sold or offered for sale in or from this state by a dealer to a consumer for fifty dollars ($50) or more.  
(B) Entertainment media items related to music, television, and films, including, but not limited to, a picture, photo, record, compact disc, digital video disc, ticket, program, playbill, clothing, hat, poster, toy, plaque, trading card, musical instrument, or other entertainment memorabilia.
(3) For purposes of this section, and notwithstanding paragraph (2), an autographed collectible does not include the following items:
(A) Works of fine art, as defined by paragraph (1) of subdivision (d) of Section 982 that are originals or numbered multiples, and signed by the artist or maker.
(B) Furniture and decorative objects, including works of pottery, jewelry, and design that are signed by the artist or maker.
(C) Signed books, manuscripts, and correspondence, as well as ephemera not related to sports or entertainment media.
(D) Signed numismatic items or bullion.
(4) (3)   “Consumer” means any natural person who purchases an autographed  a  collectible from a dealer for personal, family, or household purposes. “Consumer” also includes a prospective purchaser meeting these criteria.  
(5) (4)   (A)  “Dealer” means a person who is in the business of selling or offering for sale autographed collectibles  collectibles in or from this state,  exclusively or nonexclusively, and sells three or more autographed collectibles in a period of 12 months.  or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles, or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary that by his or her occupation holds himself or herself out as having that knowledge or skill.  “Dealer” includes an auctioneer or auction company that sells autographed  who sells  collectibles at a public auction. “Dealer” includes a person engaged in a mail-order, telephone-order, online, or television business for the sale of autographed collectibles. auction, and also includes persons who are consignors or representatives or agents of auctioneers.  
(B) “Dealer” does not include any of the following:
(i) A pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, if the autographed collectible was acquired through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to autographed collectibles.
(ii) The person who autographed the collectible.
(6) (5)   “Limited edition”  “Description”  means any autographed collectible that meets all  of the following requirements: following:  
(A)   A company has produced a specific quantity of an autographed collectible and placed it on the open market. Any representation in writing, including, but not limited to, a representation in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material.  
(B) The   producer of the autographed collectible has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of an autographed collectible produced in that series of limited editions. Any oral representation.  
(C) The   producer makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the autographed collectible have been destroyed after the specified number of autographed collectibles have been produced. Any representation included in a radio or television broadcast to the public in or from this state.  
(D) The sequence number of the autographed collectible and the number of the total quantity produced in the limited edition are printed on the autographed collectible.
(7) (6)   “Person” means any natural person, partnership, corporation, limited liability company, company, trust, association, or other entity, however organized.  
(8) “Representation” means any oral or written representation, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, radio or television broadcast, online communication, Internet Web page, email, or other commercial or promotional material.
(9) “Auctioneer” means an auctioneer as defined in subdivision (d) of Section 1812.601, or a representative or agent of an auctioneer.
(10) “Auction company” means an auction company as defined in subdivision (c) of Section 1812.601, or a representative or agent of an auction company.
(b)   A dealer who, Whenever a dealer,  in selling or offering to sell to a consumer an autographed collectible, makes a representation to a consumer that the signature on the autographed collectible is the authentic signature of a particular person in that person’s own hand, shall furnish an express warranty  a collectible in or from this state, provides a description of that collectible as being autographed, the dealer shall furnish a certificate of authenticity  to the consumer at the time of sale. The dealer shall retain a copy of the express warranty for not less than seven years. The express warranty, which may be included in the bill of sale or invoice, shall meet certificate of authenticity shall be in writing and shall be signed by the dealer or his or her authorized agent. The certificate of authenticity shall be in at least 10-point boldface type and shall contain the dealer’s true legal name and street address. Each certificate of authenticity shall do  all of the following criteria: following:  
(1) Is written in at least 10-point type.
(2) Is signed by the dealer or his or her authorized agent, and contains the dealer’s true legal name, business street address, and the last four digits of the dealer’s seller’s permit account number from the California Department of Tax and Fee Administration, if applicable.
(3) Specifies the date of sale and the purchase price.
(4) (1)   Describes Describe  the autographed  collectible and specifies specify  the name of the person  sports personality  who autographed it.  
(2)  Either specify the purchase price and date of sale or be accompanied by a separate invoice setting forth that information.
(5) (3)  Expressly   warrants the autographed collectible as authentic, and that the warranty is  Contain an express warranty, which shall be  conclusively presumed to be part of the bargain. The  bargain, of the authenticity of the collectible. This  warranty shall not be negated or limited by reason of the lack of words such as “warranty” or “guarantee” or because the dealer does not have a specific intent or authorization to make the warranty or because any statement relevant to the autographed  collectible is or purports to be, or is capable of being, merely the dealer’s opinion.  
(6) (4)   If  Specify if  the autographed  collectible is offered as one of a limited edition, specifies  edition and, if so, shall specify  (A) how the autographed  collectible and edition are numbered and (B) the size of the edition and the size of any prior or anticipated future edition, if known by the dealer. If the size of the edition and the size of any prior or anticipated future edition is  known, or if  not known, the warranty certificate  shall contain an explicit statement to that effect.  
(7) Indicates whether the dealer is surety bonded or is otherwise insured to protect the consumer against errors and omissions of the dealer and, if bonded or insured, provides proof thereof.
(8) Indicates if the autographed collectible was autographed in the presence of the dealer, and any proof thereof. Specify the date and location of, and the name of a witness to, the autograph signing, if known, and applicable.
(9) Identifies all information upon which the dealer relied when making the representation that the autographed collectible is authentic.
(10) Indicates an identifying serial number that corresponds to an identifying number printed on the autographed collectible item, if any.
(11) Indicates whether the item was obtained or purchased from a third party.
(c) The dealer shall retain, after January 1, 2018, a record of the name and address of the third party, as described in paragraph (11) of subdivision (b). This third-party information may be discoverable during a civil dispute. However, nothing in this subdivision prohibits a party from objecting to a discovery request on the grounds of a right to privacy. This third-party information shall be kept on file for seven years.
(d) (c)  (1)  In   addition to any other right or remedy provided under existing law, including, but not limited to, any rights and remedies provided under contract law, a consumer shall have the right to cancel the contract for the purchase of an autographed collectible represented by a dealer as authentic until midnight of the third day after the day on which the consumer purchased the autographed collectible. Notice of the cancellation may be provided in person or in a written or electronic form, and is deemed effective once communicated or sent. The autographed collectible shall be returned to the dealer within 30 days of the sale in the same condition in which it was sold, the cost of which shall be borne by the consumer. The price paid by the consumer shall be refunded within 10 days of receipt of the returned autographed collectible. Nothing in this section prevents the parties from agreeing to cancel a contract after midnight of the third day after the day on which the consumer purchases the autographed collectible. No dealer shall represent an item as a collectible if it was not autographed by the sports personality in his or her own hand.  
(2) This subdivision does not apply to the following:
(A) Autographed collectibles sold by an auctioneer or auction company at auction.
(B) Autographed collectibles purchased by barter or trade of other items.
(C) Autographed collectibles sold at a trade show.
(D) Autographed collectibles sold by one dealer to another dealer.
(e) (d)   (1)  No dealer shall display or offer for sale an autographed collectible unless,  a collectible in this state, unless  at the location where the autographed  collectible is offered for sale sale,  and in close proximity to the autographed  collectible merchandise, there is a conspicuous sign that reads as follows:
“SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE AND A THREE-DAY RIGHT OF RETURN. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.”   
(2) This subdivision does not apply to an autographed collectible sold by an auctioneer or auction company at auction or an autographed collectible sold at a trade show.
(f) “SALE OF AUTOGRAPHED SPORTS MEMORABILIA No dealer selling at a trade show, nor an auctioneer or auction company shall display or offer for sale an autographed collectible unless, at the location where the autographed collectible is offered for sale and in close proximity to the autographed collectible merchandise, there is a conspicuous sign that reads as follows: 
“SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.” 
AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED FOR FIFTY DOLLARS ($50) OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.”  
(g) (e)   Any dealer engaged in a mail-order, telephone-order,  mail-order  or online telephone-order  business for the sale of autographed collectibles: collectibles in or from this state:  
(1)   Shall include the disclosure specified in subdivision (e), paragraph (d),  in type of conspicuous size, in any written advertisement relating to an autographed collectible. a collectible.  
(2)   Shall include in each television or online  advertisement relating to an autographed  a  collectible the following written onscreen on-screen  message, which shall be prominently displayed, shall be  easily readable, and shall be  clearly visible for no less than five seconds, seconds  and which  shall be repeated for five seconds once during each four-minute segment of the advertisement following the initial four minutes:
“A written express warranty is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any autographed collectible sold by this dealer.”   

“A written certificate of authenticity is provided with each autographed collectible, as required by law.”

(3)   Shall include as part of the oral message of each radio advertisement for an autographed  a  collectible the disclosure specified in subdivision (e). (d).  
(h) (f)   In a civil action brought by a consumer against a dealer, the following shall apply: No dealer shall display or offer for sale a collectible in this state at any trade show or similar event primarily featuring sales of collectibles or other sports memorabilia which offers onsite admission ticket sales, unless at each onsite location where admission tickets are sold, there is prominently displayed a specimen example of a certificate of authenticity.  
(1) A dealer who fails to provide an express warranty, or provides an express warranty that does not comply with all of the requirements of subdivision (b), shall be subject to a civil penalty of up to one thousand dollars ($1,000), payable to the consumer.
(2) A dealer who provides a false express warranty that injures the consumer shall be subject to a civil penalty of up to one thousand dollars ($1,000) payable to the consumer.
(3) A dealer who provides a false express warranty and whose act or omission amounts to gross negligence that injures the consumer, shall be subject to a civil penalty of three thousand dollars ($3,000), or an amount equal to three times actual damages, whichever is greater, payable to the consumer.
(4) A dealer who knowingly provides a false express warranty, or knowingly fails to provide an express warranty required by this section, and whose act or omission results in an injury to a consumer shall be subject to a civil penalty of five thousand dollars ($5,000), or an amount equal to five times actual damages, whichever is greater, payable to the consumer.
(5) A consumer may recover court costs, reasonable attorney’s fees, interest, and expert witness fees, if applicable, pursuant to an action described in paragraphs (2) to (4), inclusive.
(6) (g)   The remedies Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by this section, or by a dealer’s furnishing of a certificate of authenticity that is false, shall be entitled to recover, in addition to actual damages, a civil penalty in an amount equal to three times actual damages, plus court costs and reasonable attorney’s fees incurred by the consumer in the action. The remedy  specified in this section are is  in addition to, and not in lieu of, any other remedy that may be provided by law. The court, in its discretion, may award punitive damages based on the egregiousness of the dealer’s conduct. 
(i) A dealer may be surety bonded or otherwise insured for purposes of indemnification against errors and omissions arising from the authentication, sale, or resale of autographed collectibles.
(j) It is the intent of the Legislature that neither the amendment to this section by Assembly Bill 1570 of the 2015–2016 Regular Session, adding an exclusion of a provider or operator of an online marketplace to the definition of a dealer, nor the amendment to this section by Assembly Bill 228 of the 2017–2018 Regular Session, removing that exclusion from the definition of a dealer, be construed to affect the decision of the Court of Appeal in Gentry v. eBay, Inc. (2002) 99 Cal.App.4th 816.

SEC. 33.

 Section 1740 of the Civil Code is amended to read:

1740.
 As used in this title:
(a)   “Fine art multiple” or “multiple” for the purposes of this title means any fine print, photograph (positive or negative), sculpture cast, collage, or similar art object produced in more than one copy. Pages or sheets taken from books and magazines and offered for sale or sold as art objects shall be included, but books and magazines shall be excluded.  
(b)   “Fine print” or “print” means a multiple produced by, but not limited to, engraving, etching, woodcutting, lithography, and serigraphy, and means multiples produced or developed from photographic negatives, or any combination thereof.  
(c)   “Master” is used in lieu of and has the same meaning as a printing plate, stone, block, screen, photographic negative, or mold or other process as to a sculpture, which contains an image used to produce fine art objects in multiples.  
(d)   “Artist” means the person who created the image which is contained in, or constitutes, the master or conceived of, and approved the image which is contained in, or constitutes, the master.  
(e)   Whether a multiple is “signed” or “unsigned” as these terms are used in this title relating to prints and photographs, depends upon whether or not the multiple was autographed by the artist’s own hand, and not by mechanical means, after the multiple was produced, irrespective of whether it was signed or unsigned in the plate.  
(f)   “Impression” means each individual fine art multiple made by printing, stamping, casting, or any other process.  
(g)   “Art dealer” means a person who is in the business of dealing, exclusively or nonexclusively, in the fine art multiples to which this title is applicable, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary who by his or her occupation holds himself or herself out as having that knowledge or skill. The term “art dealer” includes an auctioneer who sells these works at public auction, but excludes persons, not otherwise defined or treated as art dealers herein, who are consignors or principals of auctioneers.  
(h)   “Limited edition” means fine art multiples produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples.  
(i)   “Proofs” means multiples which are the same as, and which are produced from the same master as, the multiples in a limited edition, but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate.  
(j)   “Certificate of authenticity” means a written or printed description of the multiple which is to be sold, exchanged, or consigned by an art dealer. Every certificate shall contain the following statement:  
“This is to certify that all information and the statements contained herein are true and correct.”
(k)   “Person” means an individual, partnership, corporation, limited liability company, association, or other entity, however organized.  

SEC. 34.

 Section 1761 of the Civil Code is amended to read:

1761.
 As used in this title:
(a)   “Goods” means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, which,  at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not they are severable from the real property. severable therefrom.  
(b)   “Services” means work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.  
(c)   “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized.  
(d)   “Consumer” means an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.  
(e)   “Transaction” means an agreement between a consumer and another  any other  person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement.  
(f)   “Senior citizen” means a person who is 65 years of age or older.  
(g)   “Disabled person” means a any  person who has a physical or mental impairment that which  substantially limits one or more major life activities.  
(1)   As used in this subdivision, “physical or mental impairment” means any of the following:  
(A)   A Any  physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; muscoloskeletal;  special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.  
(B)   A Any  mental or psychological disorder, including intellectual disability,  such as mental retardation,  organic brain syndrome, emotional or mental illness, and specific learning disabilities. “Physical  The term “physical  or mental impairment” includes, but is not limited to, such  diseases and conditions that include  as  orthopedic, visual, speech, speech  and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, mental retardation,  and emotional illness.  
(2)   “Major life activities” means functions that include such as  caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.  
(h) “Home solicitation” means a transaction made at the consumer’s primary residence, except those transactions initiated by the consumer. A consumer response to an advertisement is not a home solicitation.

SEC. 35.

 Section 1785.3 of the Civil Code is amended to read:

1785.3.
 The following terms as used in this title have the meaning expressed in this section:
(a)   “Adverse action” means a denial or revocation of credit, a change in the terms of an existing credit arrangement which is adverse to the interests of the consumer, or a refusal to grant credit in substantially the amount or on substantially the terms requested. “Adverse action” includes all of the following:  
(1)   Any denial of, increase in any charge for, or reduction in the amount of, insurance for personal, family, or household purposes made in connection with the underwriting of insurance.  
(2)   Any denial of employment or any other decision made for employment purposes which adversely affects any current or prospective employee.  
(3)   Any action taken, or determination made, with respect to a consumer (A) for an application for an extension of credit, or an application for the hiring of a dwelling unit, and (B) that is adverse to the interests of the consumer.  
“Adverse action” does not include (A) a refusal to extend additional credit to a consumer under an existing credit arrangement if (i) the applicant is delinquent or otherwise in default under that credit arrangement or (ii) the additional credit would exceed a credit limit previously established for the consumer or (B) a refusal or failure to authorize an account transaction at a point of sale.
(b)   “Consumer” means a natural individual.  
(c)   “Consumer credit report” means any written, oral, or other communication of any information by a consumer credit reporting agency bearing on a consumer’s creditworthiness,  credit worthiness, credit  standing, or credit capacity, which is used or is expected to be used, or collected in whole or in part, for the purpose of serving as a factor in establishing the consumer’s eligibility for: (1) credit to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) hiring of a dwelling unit, as defined in subdivision (c) of Section 1940, or (4) other purposes authorized in Section 1785.11.  
The term does not include (1) any report containing information solely as to transactions or experiences between the consumer and the person making the report, (2) any communication of that information or information from a credit application by a consumer that is internal within the organization that is the person making the report or that is made to an entity owned by, or affiliated by corporate control with, that person; provided that the consumer is informed by means of a clear and conspicuous written disclosure that information contained in the credit application may be provided to these persons; however, where a credit application is taken by telephone, disclosure shall initially be given orally at the time the application is taken, and a clear and conspicuous written disclosure shall be made to the consumer in the first written communication to that consumer after the application is taken, (3) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device, (4) any report by a person conveying a decision whether to make a specific extension of credit directly or indirectly to a consumer in response to a request by a third party, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under Section 1785.20, (5) any report containing information solely on a consumer’s character, general reputation, personal characteristics, or mode of living which is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on, or others with whom he or she  is acquainted or who may have knowledge concerning those items of information, (6) any communication about a consumer in connection with a credit transaction which is not initiated by the consumer, between persons who are affiliated (as defined in Section 150 of the Corporations Code) by common ownership or common corporate control (as defined by Section 160 of the Corporations Code), if either of those persons has complied with paragraph (2) of subdivision (b) of Section 1785.20.1 with respect to a prequalifying report from which the information communicated is taken and provided the consumer has consented to the provision and use of the prequalifying report in writing, or  (7) any consumer credit report furnished for use in connection with a transaction which consists of an extension of credit to be used solely for a commercial purpose. purpose or (8) any report used solely conveying a decision whether to guarantee a check in response to a request by a third party. 
(d)   “Consumer credit reporting agency” means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes. “Consumer credit reporting agency” also does not include a person solely by reason of conveying a decision whether to guarantee a check in response to a request by a third party.  
(e)   “Credit transaction that is not initiated by the consumer” does not include the use of a consumer credit report by an assignee for collection or by a person with which the consumer has an account for purposes of (1) reviewing the account or (2) collecting the account. For purposes of this subdivision, “reviewing the account” includes activities related to account maintenance and monitoring, credit line increases, and account upgrades and enhancements.  
(f)   “Employment purposes,” when used in connection with a consumer credit report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.  
(g)   “File,” when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer credit reporting agency, regardless of how the information is stored.  
(h)   “Firm offer of credit” means any offer of credit to a consumer that will be honored if, based on information in a consumer credit report on the consumer and other information bearing on the creditworthiness of the consumer, the consumer is determined to meet the criteria used to select the consumer for the offer and the consumer is able to provide any real property collateral specified in the offer. For purposes of this subdivision, the phrase “other information bearing on the creditworthiness of the consumer” means information that the person making the offer is permitted to consider pursuant to any rule, regulation, or formal written policy statement relating to the federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681 et seq.), promulgated by the Federal Trade Commission or any federal bank regulatory agency.  
(i)   “Item of information” means any of one or more informative entries in a credit report which causes a creditor to deny credit to an applicant or increase the cost of credit to an applicant or deny an applicant a checking account with a bank or other financial institution.  
(j)   “Person” means any individual, partnership, corporation, limited liability company,  trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.  
(k)   “Prequalifying report” means a report containing the limited information permitted under paragraph (2) of subdivision (b) of Section 1785.11.  
(  l)   “State or local child support enforcement agency” means the Department of Child Support Services or local child support agency  district attorney  acting pursuant to Division 17 (commencing with Section 17000) of the Family Code to establish, enforce or modify Section 11475.1 of the Welfare and Institutions Code to establish or enforce  child support obligations, and any state or local agency or official that succeeds to these responsibilities under a successor statute.  

SEC. 36.

 Section 1786.2 of the Civil Code is amended to read:

1786.2.
 The following terms as used in this title have the meaning expressed in this section:
(a)   The term “person” means any individual, partnership, corporation, limited liability company, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. The term “person” as used in this title shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity involved in the same transaction.  
(b)   The term “consumer” means a natural individual who has made application to a person for employment purposes, for insurance for personal, family, or household purposes, or the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940.  
(c)   The term “investigative consumer report” means a consumer report in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through any means.  personal interviews with neighbors, friends, or associates of the consumer reported on, or others with whom he or she is acquainted or who may have knowledge concerning any of these items of information.  The term does not include a consumer report or other compilation of information that which  is limited to specific factual information relating to a consumer’s credit record or manner of obtaining credit obtained directly from a creditor of the consumer or from a consumer reporting agency when that information was obtained directly from a potential or existing creditor of the consumer or from the consumer. Notwithstanding the foregoing, for transactions between investigative consumer reporting agencies and insurance institutions, agents, or insurance-support organizations subject to Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, the term “investigative consumer report” shall have the meaning set forth in Section 791.02 of the Insurance Code. 
(d)   The term “investigative consumer reporting agency” means any person who, for monetary fees or dues, regularly  engages in whole or in part in the practice of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information  assembling or evaluating employment or insurance information, or information relating to the hiring of dwelling units, or any combination thereof,  concerning consumers for personal, family, or household purposes, for  the purposes of furnishing investigative consumer reports to third parties, to be used with respect to consumers for employment purposes or, insurance primarily for personal, family, or household purposes, or for purposes relating to the hiring of dwelling units,  but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes, or a private investigator licensed in this state or employees of a private investigator and does not include  any licensed insurance agent, insurance broker, or solicitor, insurer, or life insurance agent.  
(e)   The term “file,” “file”  when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by an investigative consumer reporting agency regardless of how the information is stored.  
(f)   The term “employment purposes,” purposes”,  when used in connection with an investigative consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.  
(g)   The term “medical information” means information on a person’s medical history or condition obtained directly or indirectly from a licensed physician, medical practitioner, hospital, clinic, or other medical or medically related facility.  

SEC. 37.

 Section 1788.2 of the Civil Code is amended to read:

1788.2.
 (a)   Definitions and rules of construction set forth in this section are applicable for the purpose of this title.  
(b)   The term “debt collection” means any act or practice in connection with the collection of consumer debts.  
(c)   The term “debt collector” means any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters, and other collection media used or intended to be used for debt collection, but does not include an attorney or counselor at law.  
(d)   The term “debt” means money, property or their equivalent which is due or owing or alleged to be due or owing from a natural person to another person.  
(e)   The term “consumer credit transaction” means a transaction between a natural person and another person in which property, services or money is acquired on credit by that natural person from such other person primarily for personal, family, or household purposes.  
(f)   The terms “consumer debt” and “consumer credit” mean money, property or their equivalent, due or owing or alleged to be due or owing from a natural person by reason of a consumer credit transaction.  
(g)   The term “person” means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association or other similar entity.  
(h) Except   as provided in Section 1788.18, the  The  term “debtor” means a natural person from whom a debt collector seeks to collect a consumer debt which is due and owing or alleged to be due and owing from such person.  
(i)   The term “creditor” means a person who extends consumer credit to a debtor.  
(j)   The term “consumer credit report” means any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for (1) credit or insurance to be used primarily for person, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under any applicable federal or state law or regulation. The term does not include (a) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (b) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (c) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to that request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under any applicable federal or state law or regulation.  
(k)   The term “consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties, and which uses any means or facility for the purpose of preparing or furnishing consumer credit reports.  

SEC. 38.

 Section 1789.12 of the Civil Code is amended to read:

1789.12.
 As used in this title:
(a)   “Credit services organization” means a person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:  
(1)   Improving a buyer’s credit record, history, or rating.  
(2)   Obtaining a loan or other extension of credit for a buyer.  
(3)   Providing advice or assistance to a buyer with regard to either paragraph (1) or (2).  
(b)  “Credit services organization” does not include any of the following:
(1)   Any person organized, chartered, or  holding a license or authorization certificate  to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision with respect to the making of those loans or extensions of credit  by an official or agency of this state or the United States and whose business  who  is in  the making business  of making  those loans or extensions of credit.  
(2)   Any bank, as defined in Section 102 of the Financial Code, or any savings institution, as  bank or savings institution  specified in subdivision (a) or (b) of Section 5102 of the Financial Code, whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation.  
(3)  Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(3) (4)   Any person licensed as a prorater by the Department of Business Oversight  Corporations  when the person is acting within the course and scope of that license.  
(4) (5)   Any person licensed as a real estate broker performing an act for which a real estate license is required  under the Real Estate Law (Pt. (Part  1 (commencing with Sec. 10000), Div. 4, B. & P.C.) and who is acting within the course and scope of that license. Section 10000) of Division 4 of the Business and Professions Code).  
(5) (6)   Any attorney licensed to practice law in this state, where the attorney renders services within the course and scope of the practice of law, unless the attorney is an employee of, or otherwise directly affiliated with, a credit services organization.  
(6) (7)   Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of the regulation.  
(7) Any nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code that, according to a final ruling or determination by the Internal Revenue Service, is both of the following:
(A) Exempt from taxation under Section 501(a) of the Internal Revenue Code.
(B) Not a private foundation as defined in Section 509 of the Internal Revenue Code.
An advance ruling or determination of tax-exempt or foundation status by the Internal Revenue Service does not meet the requirements of this paragraph.
(c) (b)   “Buyer” means any natural person who is solicited to purchase or who purchases the services of a credit services organization.  
(d) (c)   “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.  
(e) (d)   “Consumer credit reporting agency” means a consumer credit reporting agency subject to the Consumer Credit Reporting Agencies Act, Title 1.6 (commencing with Section 1785.1).  
(f) (e)   “Person” includes an individual, corporation, partnership, limited liability company,  joint venture, or any business entity.  

SEC. 39.

 Section 1791 of the Civil Code is amended to read:

1791.
 As used in this chapter:
(a)   “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail.  
(b)   “Buyer” or “retail buyer” means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. As used in this subdivision, “person” means any individual, partnership, corporation, limited liability company, association, or other legal entity that which  engages in any of these businesses. such business.  
(c)   “Clothing” means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric.  
(d)   “Consumables” means any product that which  is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that which  usually is consumed or expended in the course of consumption or use.  
(e)   “Distributor” means any individual, partnership, corporation, association, or other legal relationship that which  stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods.  
(f)   “Independent repair or service facility” or “independent service dealer” means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that which  engages in the business of servicing and repairing consumer goods.  
(g)   “Lease” means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods’ depreciation.  
(h)   “Lessee” means an individual who leases consumer goods under a lease.  
(i)   “Lessor” means a person who regularly leases consumer goods under a lease.  
(j)   “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that which  manufactures, assembles, or produces consumer goods.  
(k)   “Place of business” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer these  goods.  
(  l)   “Retail seller,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship that which  engages in the business of selling or leasing consumer goods to retail buyers.  
(m)   “Return to the retail seller” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the retail seller’s place of business, as defined in subdivision (k).  
(n) “Sale” means either of the following:
(1) (n)   The  “Sale” means (1) the  passing of title from the seller to the buyer for a price. price, or (2) a consignment for sale.  
(2) A consignment for sale.
(o)   “Service contract” means a contract in writing to perform, for an additional cost,  over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in Section 116 of the Insurance Code.  
(p)  “Service contract administrator” or “administrator” means a person, other than a service contract seller or an insurer admitted to do business in this state, who performs or arranges, or has an affiliate who performs or arranges, the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges, or has an affiliate who performs or arranges, any of the following activities on behalf of service contract sellers:
(1)  Providing service contract sellers with service contract forms.
(2)  Participating in the adjustment of claims arising from service contracts.
(3)  Arranging on behalf of service contract sellers the insurance required by Section 9855.2. A service contract administrator shall not be an obligor on a service contract.
(q)  “Service contract seller” or “seller” means a person who sells or offers to sell a service contract to a service contractholder.
(r)  “Service contractor” means a service contract administrator or a service contract seller.
(p) (s)   “Assistive device” means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that which  is used or intended to be used, to assist an individual with a disability  a physically disabled person  in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability,  a physically disabled person,  except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in Section 19153 of the Welfare and Institutions Code Code,  and unless they are intended to assist the limited vision of the person so disabled.  
(q) (t)   “Catalog or similar sale” means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer’s condition or in the selection or fitting of the device.  
(r) (u)   “Home appliance” means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes.  
(s) (v)   “Home electronic product” means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. The term includes any electronic accessory that is normally used or sold with a home electronic product for one of those purposes. The term excludes any single product with a wholesale price to the retail seller of less than fifty dollars ($50).  
(t) “Member of the Armed Forces” means a person on full-time active duty in the Army, Navy, Marine Corps, Air Force, National Guard, or Coast Guard. Full-time active duty shall also include active military service at a military service school designated by law or the Adjutant General of the Military Department concerned.
This section shall become operative on January 1, 2008. remain in effect only until January 1, 1998, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1998, deletes or extends that date. 

SEC. 39.5.

 Section 1791 of the Civil Code is amended to read:

1791.
 As used in this chapter:
(a)   “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail.  
(b)   “Buyer” or “retail buyer” means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. As used in this subdivision, “person” means any individual, partnership, corporation, limited liability company, association, or other legal entity that which  engages in any of these businesses.  
(c)   “Clothing” means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric.  
(d)   “Consumables” means any product that which  is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that which  usually is consumed or expended in the course of consumption or use.  
(e)   “Distributor” means any individual, partnership, corporation, association, or other legal relationship that which  stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods.  
(f)   “Independent repair or service facility” or “independent service dealer” means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that which  engages in the business of servicing and repairing consumer goods.  
(g)   “Lease” means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods’ depreciation.  
(h)   “Lessee” means an individual who leases consumer goods under a lease.  
(i)   “Lessor” means a person who regularly leases consumer goods under a lease.  
(j)   “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that which  manufactures, assembles, or produces consumer goods.  
(k)   “Place of business” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods.  
(  l)   “Retail seller,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship that which  engages in the business of selling or leasing consumer goods to retail buyers.  
(m)   “Return to the retail seller” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the retail seller’s place of business, as defined in subdivision (k).  
(n) “Sale” means either of the following:
(1) (n)   The  “Sale” means (1) the  passing of title from the seller to the buyer for a price. price, or (2) a consignment for sale.  
(2) A consignment for sale.
(o)   “Service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in Section 116 of the Insurance Code.  
(p)   “Assistive device” means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that which  is used or intended to be used, to assist an individual with a disability  a physically disabled person  in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability,  a physically disabled person,  except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in Section 19153 of the Welfare and Institutions Code and unless they are intended to assist the limited vision of the person so disabled.  
(q)   “Catalog or similar sale” means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer’s condition or in the selection or fitting of the device.  
(r)   “Home appliance” means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes.  
(s)   “Home electronic product” means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. The term includes any electronic accessory that is normally used or sold with a home electronic product for one of those purposes. The term excludes any single product with a wholesale price to the retail seller of less than fifty dollars ($50).  
(t) “Member of the Armed Forces” means a person on full-time active duty in the Army, Navy, Marine Corps, Air Force, National Guard, or Coast Guard. Full-time active duty shall also include active military service at a military service school designated by law or the Adjutant General of the Military Department concerned.
This section shall become operative on January 1, 2008. 1998. 

SEC. 40.

 Section 1798.3 of the Civil Code is amended to read:

1798.3.
 As used in this chapter:
(a)   The term “personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.  
(b)   The term “agency” means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:  
(1)   The California Legislature.  
(2)   Any agency established under Article VI of the California Constitution.  
(3)   The State Compensation Insurance Fund, except as to any records which contain personal information about the employees of the State Compensation Insurance Fund.  
(4)   A local agency, as defined in subdivision (a) (b)  of Section 6252 of the Government Code.  
(c)   The term “disclose” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.  
(d)   The term “individual” means a natural person.  
(e)   The term “maintain” includes maintain, acquire, use, or disclose.  
(f)   The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association.  
(g)   The term “record” means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual’s name, photograph, finger or voice print, or a number or symbol assigned to the individual.  
(h)   The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol or other identifying particular assigned to the individual.  
(i)   The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.  
(j)   The term “commercial purpose” means any purpose which has financial gain as a major objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.  
(k)   The term “regulatory agency” means the State Banking Department, the  Department of Business Oversight,  Corporations,  the Department of Insurance, the Bureau of  Department of Savings and Loan, the Department of  Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.  

SEC. 41.

 Section 1799 of the Civil Code is amended to read:

1799.
 As used in this title:
(a)   The term “bookkeeping services” means keeping books, making trial balances, preparing statements, making audits, or preparing reports, all as a part of bookkeeping operations, provided that such trial balances, statements, or reports are not issued over the name of such person as having been prepared or examined by a certified public accountant or public accountant.  
(b)   The term “business entity” means a sole proprietorship, partnership, corporation, association or other group, however organized and whether or not organized to operate at a profit, but does not mean a financial institution organized, chartered, or holding a license or authorization certificate under a law of this state or the United States to make loans or extend credit and subject to supervision by an official or agency of this state or the United States, nor the parent of any such financial institution, nor any subsidiary of any such financial institution or parent.  
(c)   The term “individual” means a natural person.  
(d)   The term “person” means any natural person, corporation, partnership, limited liability company, firm, association, or governmental entity.  
(e)   The term “record” means any item, collection, or grouping of information about an individual or business entity.  

SEC. 42.

 Section 1799.101 of the Civil Code is amended to read:

1799.101.
 (a)   For the purposes of this section, the following terms are defined as follows:  
(1)   “Adverse information” means information directly or indirectly indicating that a delinquency has occurred, because a cosigner has not complied with the contractual provisions of a consumer credit contract.
(2)   “Collection action” means requesting a cosigner to pay all or part of the obligation on a consumer credit contract.
(3)   “Cosigner” means a natural person, other than the primary obligor or the spouse of the primary obligor, who renders himself or herself liable for the obligation on a consumer credit contract without compensation. The term includes a person whose signature is requested by a creditor as a condition to granting credit to another person. A person who does not receive goods, services, or money in return for executing a consumer credit contract does not receive compensation within the meaning of this section. “Cosigner” does not include a joint applicant for open-end credit pursuant to subdivision (c) of Section 1799.91. A person is a cosigner within the meaning of this section whether or not he or she is designated as such on a consumer credit contract or other document creating the consumer credit contract obligation for the cosigner.
(4)   “Delinquency” means a failure to make timely payment to the creditor of all or a portion of any installment under a consumer credit contract.
(5)   “Notice” means a writing which describes, recites, or otherwise refers to a delinquency.
(6)   “Obligation” means an indebtedness incurred by an individual for personal, family, or household purposes.
(7)   “Person” means an individual, firm, partnership, association, limited liability company, or corporation.  
(8)   “Primary obligor” means one or more persons, other than a cosigner, who sign a consumer credit contract and assume an obligation as debtor under that contract.  
(b)   Except as provided in subdivisions (d) and (e), no creditor shall provide any adverse information with respect to any cosigner, to a consumer credit reporting agency regarding a delinquency on a consumer credit contract entered into on or after July 1, 1992, unless, at or before the time the information is provided to the consumer credit reporting agency, written notice of the delinquency is provided to the cosigner.
(c)   No creditor shall provide any information regarding the cosigner’s obligation on a consumer credit contract to a debt collector, as defined in subdivision (c) of Section 1788.2, until notice has been provided to the cosigner under subdivision (b).
(d)   The notice requirements of subdivisions (b) and (c) do not apply to any cosigner whose address, as shown in the creditor’s records respecting the consumer credit contract, is the same as the primary obligor.
(e)   The notice requirements of subdivisions (b) and (c) shall be satisfied by mailing a copy of the required notice to the cosigner at the cosigner’s address, as shown in the creditor’s records respecting the consumer credit contract. However, if more than one cosigner reside at the same address, as shown in the creditor’s records respecting the consumer credit contract, a notice addressed to any cosigner at that address shall be deemed notice to all the cosigners residing at that address.
(f)   Nothing in this section shall require any particular form or language with respect to a notice of delinquency sent to either a primary obligor or cosigner.  
(g)   Within a reasonable time after a creditor has reported to a credit reporting agency that a delinquency or delinquencies that have been reported to the consumer credit reporting agency and included in the cosigner’s file maintained by the consumer credit reporting agency have been cured, the consumer credit reporting agency shall indicate in the file that the payment was made.
(h)   Nothing in this section shall be construed to require notice of a delinquency to be provided to a cosigner in any instance not expressly specified in this section, or to provide notice to persons other than cosigners.
(i)   This section shall become operative on July 1, 1992.  

SEC. 43.

 Section 1802.15 of the Civil Code is amended to read:

1802.15.
 “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized.

SEC. 44.

 Section 1812.201 of the Civil Code is amended to read:

1812.201.
 For the purposes of this title, the following definitions shall apply:
(a)   “Seller assisted marketing plan” means any sale or lease or offer to sell or lease any product, equipment, supplies, or services that which  requires a total initial payment exceeding five hundred dollars ($500), but requires an initial cash payment of less than fifty thousand dollars ($50,000), that which  will aid a purchaser or will be used by or on behalf of the purchaser in connection with or incidental to beginning, maintaining, or operating a business when the seller assisted marketing plan seller has advertised or in any other manner solicited the purchase or lease of the seller assisted marketing plan and done any of the following acts:  
(1)   Represented that the purchaser will earn, is likely to earn, or can earn an amount in excess of the initial payment paid by the purchaser for participation in the seller assisted marketing plan.  
(2)   Represented that there is a market for the product, equipment, supplies, or services, or any product marketed by the user of the product, equipment, supplies, or services sold or leased or offered for sale or lease to the purchaser by the seller, or anything, be it tangible or intangible, made, produced, fabricated, grown, bred, modified, or developed by the purchaser using, in whole or in part, the product, supplies, equipment, or services that which  were sold or leased or offered for sale or lease to the purchaser by the seller assisted marketing plan seller.  
(3)   Represented that the seller will buy back or is likely to buy back any product made, produced, fabricated, grown, or bred by the purchaser using, in whole or in part, the product, supplies, equipment, or services that which  were initially sold or leased or offered for sale or lease to the purchaser by the seller assisted marketing plan seller.  
(b)   A “seller assisted marketing plan” shall not include:  
(1)   A security, security  as defined in the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code), that Code) which  has been qualified for sale by the Department of Business Oversight,  Corporations,  or is exempt under Chapter 1 (commencing with Section 25100) of Part 2 of Division 1 of Title 4 of the Corporations Code from the necessity to qualify.  
(2)   A franchise defined by the Franchise Investment Law (Division 5 (commencing with Section 31000) of Title 4 of the Corporations Code) that which  is registered with the Department of Business Oversight  Corporations  or is exempt under Chapter 1 (commencing with Section 31100) of Part 2 of Division 5 of Title 4 of the Corporations Code from the necessity of registering.  
(3)   Any transaction in which either the seller or purchaser or the lessor or lessee is licensed pursuant to and the transaction is governed by the Real Estate Law, Division 4 (commencing with Section 10000) of the Business and Professions Code.  
(4)   A license granted by a general merchandise retailer that which  allows the licensee to sell goods, equipment, supplies, products, or services to the general public under the retailer’s trademark, trade name, or service mark if all of the following criteria are satisfied:  
(A)   The general merchandise retailer has been doing business in this state continually for five years prior to the granting of the license.  
(B)   The general merchandise retailer sells diverse kinds of goods, equipment, supplies, products, or services.  
(C)   The general merchandise retailer also sells the same goods, equipment, supplies, products, or services directly to the general public.  
(D)   During the previous 12 months the general merchandise retailer’s direct sales of the same goods, equipment, supplies, products, or services to the public account for at least 50 percent of its yearly sales of these goods, equipment, supplies, products, or services made under the retailer’s trademark, trade name, or service mark.  
(5)   A newspaper distribution system distributing newspapers as defined in Section 6362 of the Revenue and Taxation Code.  
(6)   A sale or lease to an existing or beginning business enterprise that which  also sells or leases equipment, products, supplies, or performs services that are not supplied by the seller and that the purchaser does not utilize with the equipment, products, supplies, or services of the seller, if the equipment, products, supplies, or services not supplied by the seller account for more than 25 percent of the purchaser’s gross sales.  
(7)   The sale in the entirety of an “ongoing business.” For purposes of this paragraph, an “ongoing business” means a business that which  for at least six months previous to the sale has been operated from a particular specific location, has been open for business to the general public, and has had all equipment and supplies necessary for operating the business located at that location. The sale shall be of the entire “ongoing business” and not merely a portion of the ongoing business.  
(8)   A sale or lease or offer to sell or lease to a purchaser (A) who has for a period of at least six months previously bought products, supplies, services, or equipment that which  were sold under the same trademark or trade name or that which  were produced by the seller and, (B) who has received on resale of the product, supplies, services, or equipment an amount that which  is at least equal to the amount of the initial payment.  
(9)   The renewal or extension of an existing seller assisted marketing plan contract.  
(10) A product distributorship that meets each of the following requirements:
(A) The seller sells products to the purchaser for resale by the purchaser, and it is reasonably contemplated that substantially all of the purchaser’s sales of the product will be at wholesale.
(B) The agreement between the parties does not require that the purchaser pay the seller, or any person associated with the seller, a fee or any other payment for the right to enter into the agreement, and does not require the purchaser to buy a minimum or specified quantity of the products, or to buy products for a minimum or specified period of time. For purposes of this paragraph, a “person associated with the seller” means a person, including an individual or a business entity, controlling, controlled by, or under the same control as the seller.
(C) The seller is a corporation, partnership, limited liability company, joint venture, or any other business entity.
(D) The seller has a net worth of at least ten million dollars ($10,000,000) according to audited financial statements of the seller done during the 18 months preceding the date of the initial sale of products to the purchaser. Net worth may be determined on a consolidated basis if the seller is a subsidiary of another business entity that is permitted by generally accepted accounting standards to prepare financial statements on a consolidated basis and that business entity absolutely and irrevocably agrees in writing to guarantee the seller’s obligations to the purchaser. The seller’s net worth shall be verified by a certification to the Attorney General from an independent certified public accountant that the audited financial statement reflects a net worth of at least ten million dollars ($10,000,000). This certification shall be provided within 30 days following receipt of a written request from the Attorney General.
(E) The seller grants the purchaser a license to use a trademark that is registered under federal law.
(F) It is not an agreement or arrangement encouraging a distributor to recruit others to participate in the program and compensating the distributor for recruiting others into the program or for sales made by others recruited into the program.
(c)   “Person” includes an individual, corporation, partnership, limited liability company, joint venture, or any business entity.  
(d)   “Seller” means a person who sells or leases or offers to sell or lease a seller assisted marketing plan and who meets either of the following conditions:  
(1)   Has sold or leased or represents or implies that the seller has sold or leased, whether in California or elsewhere, at least five seller assisted marketing plans within 24 months prior to a solicitation.  
(2)   Intends or represents or implies that the seller intends to sell or lease, whether in California or elsewhere, at least five seller assisted marketing plans within 12 months following a solicitation.  
For purposes of this title, the seller is the person to whom the purchaser becomes contractually obligated. A “seller” does not include a licensed real estate broker or salesman who engages in the sale or lease of a “business opportunity” as that term is used in Sections 10000 to 10030, inclusive, of the Business and Professions Code, or elsewhere in Chapter 1 (commencing with Section 10000), Chapter 2 (commencing with Section 10050), or Chapter 6 (commencing with Section 10450) of Part 1 of Division 4 of the Business and Professions Code.
(e)   “Purchaser” means a person who is solicited to become obligated or does become obligated on a seller assisted marketing plan contract.  
(f)   “Equipment” includes machines, all electrical devices, video or audio devices, molds, display racks, vending machines, coin operated game machines, machines that which  dispense products, and display units of all kinds.  
(g)   “Supplies” includes any and all materials used to produce, grow, breed, fabricate, modify, develop, or make any product or item.  
(h)   “Product” includes any tangible chattel, including food or living animals, that which  the purchaser intends to:  
(1)   Sell or lease.  
(2)   Use to perform a service.  
(3)   Resell or attempt to resell to the seller assisted marketing plan seller.  
(4)   Provide or attempt to provide to the seller assisted marketing plan seller or to any other person whom the seller suggests the purchaser contact so that the seller assisted marketing plan seller or that other person may assist, either directly or indirectly, the purchaser in distributing, selling, leasing, or otherwise disposing of the product.  
(i)   “Services” includes any assistance, guidance, direction, work, labor, or services provided by the seller to initiate or maintain or assist in the initiation or maintenance of a business.  
(j)   “Seller assisted marketing plan contract” or “contract” means any contract or agreement that which  obligates a purchaser to a seller.  
(k)   “Initial payment” means the total amount a purchaser is obligated to pay to the seller  under the terms of the seller assisted marketing plan contract prior to or at the time of delivery of the equipment, supplies, products, or services or within six months of the purchaser commencing operation of the seller assisted marketing plan. If the contract sets forth a specific total sale price for purchase of the seller assisted marketing plan which total price is to be paid partially as a downpayment and then in specific monthly payments, the “initial payment” means the entire total sale price.  
(  l)   “Initial cash payment” or “downpayment” means that portion of the initial payment that which  the purchaser is obligated to pay to the seller prior to or at the time of delivery of equipment, supplies, products, or services. It does not include any amount financed by or for which financing is to be obtained by the seller, or financing that which  the seller assists in obtaining.  
(m)   “Buy-back” or “secured investment” means any representation that which  implies in any manner that the purchaser’s initial payment is protected from loss. These terms include a representation or implication of any of the following:  
(1)   That the seller may repurchase either all or part of what it sold to the purchaser.  
(2)   That the seller may at some future time pay the purchaser the difference between what has been earned and the initial payment.  
(3)   That the seller may in the ordinary course buy from the purchaser items made, produced, fabricated, grown, bred, modified, or developed by the purchaser using, in whole or in part, the product, supplies, equipment, or services that which  were initially sold or leased to the purchaser by the seller.  
(4)   That the seller or a person to whom the seller will refer the purchaser may in the ordinary course sell, lease, or distribute the items the purchaser has for sale or lease.  

SEC. 45.

 Section 1812.300 of the Civil Code is amended to read:

1812.300.
 For the purposes of this title:
(a)   “Membership camping operator” means any enterprise, other than one that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, that has as one of its purposes the ownership or operation of campgrounds which include or may include use of camping sites, that solicits membership paid for by a fee or periodic payments, such as annual dues, and the contractual members are the primary intended users. “Membership camping operator” does not include camping or recreational trailer parks, as defined in Section 18215 of the Health and Safety Code, which are open to the general public and which contain camping sites rented for a per use fee, or a “mobilehome park,” as defined in either Section 798.4 of the Civil Code or Section 18214 of the Health and Safety Code.  
As used in this title, “seller” means membership camping operator.
(b)   “Membership camping contract” means an agreement offered or sold within the State of California by a membership camping operator or membership camping broker evidencing a purchaser’s right or license to use for more than 14 days in a year, the campgrounds of a membership camping operator and includes a membership which provides for this use.  
(c)   “Camping site” means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for camping.  
(d)   “Offer” means any solicitation reasonably designed to result in entering into a membership camping contract.  
(e)   “Person” means any individual, corporation, partnership, limited liability company, trust, association, or other organization other than a government or a subdivision thereof.  
(f)   “Purchaser” means a person who enters into a membership camping contract and thereby obtains the right to use the campgrounds of a membership camping operator.  
(g)   “Sale” or “sell” means entering into, or other disposition, of a membership camping contract for value. The term “value” does not include a reasonable fee to offset the administrative costs of transfer of a membership camping contract.  
(h)   “Campground” means real property within this state owned or operated by a membership camping operator and designated in whole or in part by the membership camping operator as available for camping or outdoor recreation by purchasers of membership camping contracts.  
(i)   “Blanket encumbrance” means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other financing lien or encumbrance granted by the membership camping operator or affiliate which secures or evidences the obligation to pay money or to sell or convey any campgrounds made available to purchasers by the membership camping operator or any portion thereof, and which authorizes, permits, or requires the foreclosure or other disposition of the campground.  
(j)   “Nondisturbance agreement” means an instrument in recordable form by which the holder of a blanket encumbrance agrees to all of the following:  
(1)   The holder’s rights in any campground made available to purchasers, prior or subsequent to the agreement, by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the nondisturbance agreement.  
(2)   The holder and all successors and assignees of the holder, and any person who acquires the campground through foreclosure or by deed in lieu of foreclosure of the blanket encumbrance shall take the campground subject to the rights of purchasers.  
(3)   The holder or any successor acquiring the campground through the blanket encumbrance shall not use or cause the campground to be used in a manner which would materially prevent purchasers from using or occupying the campground in a manner contemplated by the purchasers’ membership camping contracts. However, the holder shall have no obligation to, and no liability for failure to assume the responsibilities or obligations of, the membership camping operator under the membership camping contracts.  
(k)   “Membership camping contract broker” means a person who, for compensation, resells or offers to resell a membership camping contract to a new purchaser on behalf of a prior purchaser. Membership camping contract broker does not include a membership camping operator or its employees or agents.  

SEC. 46.

 Section 1812.501 of the Civil Code is amended to read:

1812.501.
 (a)   (1) The  “Employment   term “employment  agency” or “agency” means:  
(A) (1)   Any person who, for a fee or other valuable consideration to be paid, directly or indirectly by a jobseeker, performs, offers to perform, perform  or represents it can or will perform any of the following services:  
(i) (A)   Procures, offers, promises, or attempts to procure employment or engagements for others or employees for employers.  
(ii) (B)   Registers persons seeking to procure or retain employment or engagement.  
(iii) (C)   Gives information as to where and from whom this help, employment, or engagement may be procured.  
(iv) (D)   Provides employment or engagements.  
The term “employment agency” or “agency” shall not mean or include any employment counseling service or any job listing service.
(B) (2)   Any person who offers, as one of its main objects or purposes, to procure employment for any person who will pay for its services, or that collects dues, tuition, or membership or registration fees of any sort, if where  the main object of the person paying those fees the same  is to secure employment.  
(C) (3)   Any person who, who  for a fee or other valuable consideration, consideration  procures, offers, promises, provides, or attempts to procure babysitting or domestic employment for others or domestics or babysitters for others.  
(2) “Employment agency” or “agency” shall not include any employment counseling service or any job listing service.
(b)   (1)   “Employment  The term “employment  counseling service” means any person who offers, advertises, advertises  or represents it can or will provide any of the following services for a fee: career counseling, vocational guidance, aptitude testing, executive consulting, personnel consulting, career management, evaluation, or planning, or the development of résumés resumés  and other promotional materials relating to the preparation for employment. “Employment  The term “employment  counseling service” shall not mean or  include persons who provide services strictly on an hourly basis with no financial obligation required of the consumer beyond the hourly fee for services rendered. An “employment counseling service” does not include the functions of an “employment agency” as defined in subdivision (a).  
(2)   “Employment  The term “employment  counseling service” does not include:  
(A)   Businesses that which  are retained by, act solely on behalf of, and are compensated solely by by,  prior or current employers that employers, which  do not require any “customer” to sign a contract contract,  and do not in any way hold any “customer” liable for fees.  
(B)   (i)  Any provider of vocational rehabilitation in which the counseling services are paid for by insurance benefits, if where  the counseling is provided as a result of marital dissolution or separation proceedings to prepare one of the spouses for reentry into the job market and if where  the fees are paid by some party other than the person receiving the counseling services.  
(ii)  The exemption provided in this subparagraph does not apply to any vocational rehabilitation counselor who receives any payments directly from the individual customer receiving the counseling.
(C)   Any person who engages solely in the preparation of résumés resumés  and cover letters, provided that the résumé resumé  writing service does not advertise or hold itself out as offering other job seeking or placement services and does not charge more than three hundred dollars ($300) for any résumé, resumé,  cover letter, or combination of both to any single customer in any individual transaction.  
(D)   Any public educational institution.  
(E)   Any private educational institution established solely for educational purposes that, which,  as a part of its curriculum, offers employment counseling to its student body and which institution  conforms to the requirements of Article 3.5 (commencing with Section 94760) of Chapter 7 of Part 59 of  Section 94310 of  the Education Code.  
(F)   A psychologist or psychological corporation licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code, providing psychological assessment, career or occupational counseling, or consultation and related professional services within his, her, or its  their  scope of practice.  
(G)   An educational psychologist  Educational psychologists  licensed pursuant to Article 5 Chapter 13  (commencing with Section 4986) of Chapter 13 of  Division 2 of the Business and Professions Code, providing counseling services within his or her  their  scope of practice.  
(c)   “Job  The term “job  listing service” means any person who provides, offers, or represents it can or will provide any of the following services, for a fee or other valuable consideration to be paid, directly or indirectly, by the jobseeker in advance of, or contemporaneously with, performance of these services: matches jobseekers with employment opportunities, providing or offering to provide jobseekers lists of employers or lists of job openings or like publications, or preparing résumés resumés  or lists of jobseekers for distribution to potential employers.  
(d)   A “nurses’  “ nurses’  registry” as defined in subdivision (b) of Section 1812.524 is an employment agency. However, unless otherwise provided for in this title, a nurses’ registry shall not be required to comply with Chapter 2 (commencing with Section 1812.503) regulating employment agencies but, instead,  but  shall instead  be required to comply with Chapter 7 (commencing with Section 1812.524).  
(e)   “Jobseeker” means a person seeking employment.  
(f)   “Employer” means any individual, company, partnership, association, corporation, agent, employee, or representative for whom or for which an employment agency or job listing service attempts to obtain an employee or to place a jobseeker.  
(g)   “Job order” means any written or oral instruction, direction, or permission granted by an employer or its agent to an employment agency or job listing service to refer jobseekers for a specified job.  
(h)   “Domestic agency” means any agency that provides, which provides  or attempts to provide, provide  employment by placement of domestic help in private homes.  
(i)   “Deposit” means any money or valuable consideration received by an employment agency or job listing service from a jobseeker for referring the jobseeker to a position of employment prior to the jobseeker’s acceptance of a position.  
(j)   “Fee” means:  
(1)   Any money or other valuable consideration paid, or promised to be paid, for services rendered or to be rendered by any person conducting an employment agency, employment counseling service, or job listing service under this title.  
(2)   Any money received by any person in excess of that which has been paid out by him or her for transportation, transfer of baggage, or board and lodging for any applicant for employment.  
(k)   “Registration fee” means any charge made, or attempted to be made, by an employment agency for registering or listing an applicant for employment, for letter writing, or any charge of a like nature made, or attempted to be made without having a bona fide order for the placement of the applicant in a position.  
(  l)   “Person” means any individual, corporation, partnership, limited liability company, trust, association, or other organization.  
(m) This section shall become operative on January 1, 1997.

SEC. 46.1.

 Section 1812.601 of the Civil Code is amended to read:

1812.601.
 (a)   “Advertisement” means any of the following:  
(1)   Any written or printed communication for the purpose of soliciting, describing, or offering to act as an auctioneer or provide auction company services, including any brochure, pamphlet, newspaper, periodical, or publication.  
(2)   A telephone or other directory listing caused or permitted by an auctioneer or auction company to be published that indicates the offer to practice auctioneering or auction company services.  
(3)   A radio, television, or similar airwave transmission that solicits or offers the practice of auctioneering or auction company services.  
(b)   “Auction” means a sale transaction conducted by means of oral or written exchanges, which include exchanges made in person or through electronic media,  exchanges  between an auctioneer and the members of his or her audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of the audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience. However, auction does not include either of the following: a sale of real estate or a sale in any sequence of real estate with personal property or fixtures or both in a unified sale pursuant to subparagraph (ii) of paragraph (a) of subdivision (4) of Section 9501 of the Commercial Code.  
(1) A wholesale motor vehicle auction subject to regulation by the Department of Motor Vehicles.
(2) A sale of real estate or a sale in any sequence of real estate with personal property or fixtures or both in a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code.
(c)   “Auction company” means any person who arranges, manages, sponsors, advertises, accounts for the proceeds of, or carries out auction sales at locations, including, but not limited to, any fixed location, including an auction barn, gallery place of business, sale barn, sale yard, sale pavilion, and the contiguous surroundings of each.  
(d)   “Auctioneer” means any individual who is engaged in, or who by advertising or otherwise holds himself or herself out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction.  
(e)   “Employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s control.  
(f)   “Employer” means a person who employs an individual for wages or salary, lists the individual on the person’s payroll records, and withholds legally required deductions and contributions.  
(g)   “Goods” means any goods, wares, chattels, merchandise, or other personal property, including domestic animals and farm products.  
(h)   “Person” means an individual, corporation, partnership, limited liability company,  trust, including a business trust, firm, association, organization, or any other form of business enterprise.  

SEC. 47.

 Section 1882 of the Civil Code is amended to read:

1882.
 Unless the context requires otherwise, the following definitions govern the construction of this title:
(a)   “Customer” means the person in whose name a utility service is provided.  
(b)   “Divert” means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility.  
(c)   “Person” means any individual, a partnership, firm, association, limited liability company, or corporation.  
(d)   “Reconnection” means the commencement of utility service to a customer or other person after service has been lawfully discontinued by the utility.  
(e)   “Tamper” means to rearrange, injure, alter, interfere with, or otherwise to prevent from performing normal or customary function.  
(f)   “Utility” means any electrical, gas, or water corporation as those terms are defined in the Public Utilities Code and includes any electrical, gas, or water system operated by any public agency.  
(g)   “Utility service” means the provision of electricity, gas, water, or any other service or commodity furnished by the utility for compensation.  

SEC. 48.

 Section 2430 of the Civil Code is amended to read:

2430.
 As used in this article:
(a)  “Durable power of attorney for health care” means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal.
(b)  “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition.
(c)  “Health care decision” means consent, refusal of consent, or withdrawal of consent to health care.
(d)  “Health care provider” means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or practice of a profession.
(e)  “Person” includes an individual, corporation, partnership, limited liability company, association, the state, a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.
(f)  “Community care facility” means a community care facility as defined in Section 1502 of the Health and Safety Code.
(g)  “Residential care facilities for the elderly” means a residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code.

SEC. 49.

 Section 2945.1 of the Civil Code is amended to read:

2945.1.
 The following definitions apply to this chapter:
(a)   “Foreclosure consultant” means any person who makes any solicitation, representation, or offer to any owner to perform for compensation or who, for compensation, performs any service which the person in any manner represents will in any manner do any of the following:  
(1)   Stop or postpone the foreclosure sale.  
(2)   Obtain any forbearance from any beneficiary or mortgagee.  
(3)   Assist the owner to exercise the right of reinstatement provided in Section 2924c.  
(4)   Obtain any extension of the period within which the owner may reinstate his or her obligation.  
(5)   Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a deed of trust or mortgage on a residence in foreclosure or contained that  in any such  deed of trust or mortgage.  
(6)   Assist the owner to obtain a loan or advance of funds.  
(7)   Avoid or ameliorate the impairment of the owner’s credit resulting from the recording of a notice of default or the conduct of a foreclosure sale.  
(8)   Save the owner’s residence from foreclosure.  
(9) Assist the owner in obtaining from the beneficiary, mortgagee, trustee under a power of sale, or counsel for the beneficiary, mortgagee, or trustee, the remaining proceeds from the foreclosure sale of the owner’s residence.
(b)   A foreclosure consultant does not include any of the following:  
(1)   A person licensed to practice law in this state when the person renders service in the course of his or her practice as an attorney at law.  
(2)   A person licensed under Division 3 (commencing with Section 12000) of the Financial Code when the person is acting as a prorater as defined therein.  
(3)   A person licensed under Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code when the person is acting under the authority of that license, as described in Section 10131 or 10131.1 of the  makes a direct loan or when the person (A) engages in acts whose performance requires licensure under that part, (B) is entitled to compensation for the acts performed in connection with the sale of a residence in foreclosure or with the arranging of a loan secured by a lien on a residence in foreclosure, (C) does not claim, demand, charge, collect, or receive any compensation until the acts have been performed or cannot be performed because of an owner’s failure to make the disclosures set forth in Section 10243 of the  Business and Professions Code. Code or failure to accept an offer from a purchaser or lender ready, willing, and able to purchase a residence in foreclosure or make a loan secured by a lien on a residence in foreclosure on the terms prescribed in a listing or a loan agreement, and (D) does not acquire any interest in a residence in foreclosure directly from an owner for whom the person agreed to perform the acts other than as a trustee or beneficiary under a deed of trust given to secure the payment of a loan or that compensation. For the purposes of this paragraph, a “direct loan” means a loan of a real estate broker’s own funds secured by a deed of trust on the residence in foreclosure, which loan and deed of trust the broker in good faith attempts to assign to a lender, for an amount at least sufficient to cure all of the defaults on obligations which are then subject to a recorded notice of default, provided that, if a foreclosure sale is conducted with respect to the deed of trust, the person conducting the foreclosure sale has no interest in the residence in foreclosure or in the outcome of the sale and is not owned, controlled, or managed by the lending broker; the lending broker does not acquire any interest in the residence in foreclosure directly from the owner other than as a beneficiary under the deed of trust; and the loan is not made for the purpose or effect of avoiding or evading the provisions of this article.  
(4)   A person licensed under Chapter 1 (commencing with Section 5000) of Division 3 of the Business and Professions Code when the person is acting in any capacity for which the person is licensed under those provisions.  
(5)   A person or his or her authorized agent acting under the express authority or written approval of the Department of Housing and Urban Development or other department or agency of the United States or this state to provide services.  
(6)   A person who holds or is owed an obligation secured by a lien on any residence in foreclosure when the person performs services in connection with this obligation or lien.  
(7)   Any person licensed to make loans pursuant to Division 9 (commencing with Section 22000)  22000), 10 (commencing with Section 24000), or 11 (commencing with Section 26000)  of the Financial Code when the person is acting under the authority of that license. Code, subject to the authority of the Commissioner of Corporations to terminate this exclusion, after notice and hearing, for any person licensed pursuant to any of those divisions upon a finding that the licensee is found to have engaged in practices described in subdivision (a) of Section 2945.  
(8)   Any person or entity doing business under any law of this state, or of the United States relating to banks, trust companies, savings and loan associations, industrial loan companies, pension trusts, credit unions, insurance companies, or any person or entity authorized under the laws of this state to conduct a title or escrow business, or a mortgagee which is a United States Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of the above, and any agent or employee of the above while engaged in the business of these persons or entities.  
(9) A person licensed as a residential mortgage lender or servicer pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license.
(c) Notwithstanding subdivision (b), any person who provides services pursuant to paragraph (9) of subdivision (a) is a foreclosure consultant unless he or she is the owner’s attorney.
(d) (c)   “Person” means any individual, partnership, corporation, limited liability company, association or other group, however organized.  
(e) (d)   “Service” means and includes, but is not limited to, any of the following:  
(1)   Debt, budget, or financial counseling of any type.  
(2)   Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a lien on a residence in foreclosure.  
(3)   Contacting creditors on behalf of an owner of a residence in foreclosure.  
(4)   Arranging or attempting to arrange for an extension of the period within which the owner of a residence in foreclosure may cure his or her default and reinstate his or her obligation pursuant to Section 2924c.  
(5)   Arranging or attempting to arrange for any delay or postponement of the time of sale of the residence in foreclosure.  
(6)   Advising the filing of any document or assisting in any manner in the preparation of any document for filing with any bankruptcy court.  
(7)   Giving any advice, explanation, explanation  or instruction to an owner of a residence in foreclosure which in any manner relates to the cure of a default in or the reinstatement of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of that obligation, or the postponement or avoidance of a sale of a residence in foreclosure pursuant to a power of sale contained in any deed of trust.  
(8) Arranging or attempting to arrange for the payment by the beneficiary, mortgagee, trustee under a power of sale, or counsel for the beneficiary, mortgagee, or trustee, of the remaining proceeds to which the owner is entitled from a foreclosure sale of the owner’s residence in foreclosure. Arranging or attempting to arrange for the payment shall include any arrangement where the owner transfers or assigns the right to the remaining proceeds of a foreclosure sale to the foreclosure consultant or any person designated by the foreclosure consultant, whether that transfer is effected by agreement, assignment, deed, power of attorney, or assignment of claim.
(9) Arranging or attempting to arrange an audit of any obligation secured by a lien on a residence in foreclosure.
(f) (e)   “Residence in foreclosure” means a residence in foreclosure as defined in Section 1695.1.  
(g) (f)   “Owner” means a property owner as defined in Section 1695.1.  
(h) (g)   “Contract” means any agreement, or any term thereof, between a foreclosure consultant and an owner for the rendition of any service as defined in subdivision (e). (d).  

SEC. 50.

 Section 2981 of the Civil Code is amended to read:

2981.
 As used in this chapter, unless the context otherwise requires:
(a)   “Conditional sale contract” means:  
(1) A contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer and either of the following:
(A) The title vests in the buyer thereafter only upon the payment of all or a part of the price, or the performance of any other condition.
(B) (1)   A  Any contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer and either (A) the title vests in the buyer thereafter only upon the payment of all or a part of the price, or the performance of any other condition, or (B) a  lien on the property is to vest in the seller as security for the payment of part or all of the price, or for the performance of any other condition. condition, or  
(2)   A Any  contract for the bailment of a motor vehicle between a buyer and a seller, with or without accessories, by which the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the vehicle and its accessories, if any, at the time the contract is executed, and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the vehicle upon full compliance with the terms of the contract.  
(b)   “Seller” means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts.  
(c)   “Buyer” means the person who buys or hires a motor vehicle under a conditional sale contract.  
(d)   “Person” includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.  
(e)   “Cash price” means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the seller’s place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to,  sale such as  delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in. or a service contract.  
(f)   “Downpayment” means a any  payment that which  the buyer pays or agrees to pay to the seller in cash or property value or money’s worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. The term shall also include the amount of any portion of the downpayment the payment of which is deferred until not later than the due date of the second otherwise scheduled payment, if the amount of the deferred downpayment is not subject to a finance charge. The term does not include any administrative finance charge charged, received or collected by the seller as provided in this chapter.  
(g)   “Amount financed” means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982.  
(h)   “Unpaid balance” means the difference between subdivision  (e) and subdivision  (f), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows: (1) to any public officer in connection with the transaction, and (2) for license, certificate of title, and registration fees imposed by law, and the amount of the state fee for issuance of a certificate of compliance or certificate of waiver pursuant to Section 9889.56 of the Business and Professions Code.  
(1) To a public officer in connection with the transaction.
(2) For license, certificate of title, and registration fees imposed by law, and the amount of the state fee for issuance of a certificate of compliance or certificate of waiver pursuant to Section 9889.56 of the Business and Professions Code.
(i)   “Finance charge” has the meaning set forth for that term in Section 226.4 of Regulation Z. The term shall not include delinquency charges or collection costs and fees as provided by subdivision (k) of Section 2982, extension or deferral agreement charges as provided by Section 2982.3, or amounts for insurance, repairs to or preservation of the motor vehicle, or preservation of the security interest therein advanced by the holder under the terms of the contract.  
(j)   “Total of payments” means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion of the downpayment that which  is deferred until not later than the second otherwise scheduled payment and that which  is not subject to a finance charge. The term shall not include amounts for which the buyer may later become obligated under the terms of the contract in connection with insurance, repairs to or preservation of the motor vehicle, preservation of the security interest therein, or otherwise.  
(k)   “Motor vehicle” means a any  vehicle required to be registered under the Vehicle Code that which  is bought for use primarily for personal or family purposes, and does not mean any vehicle that which  is bought for use primarily for business or commercial purposes or a mobilehome, as defined in Section 18008 of the Health and Safety Code that which  is sold on or after July 1, 1981. “Motor vehicle” does not include any trailer that which  is sold in conjunction with a vessel and that which  comes within the definition of “goods” under Section 1802.1.  
(  l)   “Purchase order” means a sales order, car reservation, statement of transaction or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. The purchase order shall conform to the disclosure requirements of subdivision (a) of Section 2982 and Section 2984.1, and  2984.1 and the provisions of  subdivision (m) of Section 2982 shall apply. be applicable thereto.  
(m)   “Regulation Z” means a any  rule, regulation or interpretation promulgated by the Board of Governors of the Federal Reserve System (“Board”) under the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.), and an any  interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue the such  interpretations or approvals.  
(n)   “Simple-interest basis” means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:  
(1)   Calculated on the basis of a 365-day year and actual days elapsed (although the seller may, but need not, adjust its calculations to account for leap years); reference in this chapter to the “365-day basis” shall mean this method of determining the finance charge, or  
(2)   For contracts entered into prior to January 1, 1988, calculated on the basis of a 360-day year consisting of 12 months of 30 days each and on the assumption that all payments will be received by the seller on their respective due dates; reference in this chapter to the “360-day basis” shall mean this method of determining the finance charge.  
(o)   “Precomputed basis” means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment.  
(p)   “Service contract” means “vehicle service contract” as defined in subdivision (c) of Section 12800 of the Insurance Code. a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair, or both, of the motor vehicle described in the conditional sale contract.  
(q) “Surface protection product” means the following products installed by the seller after the motor vehicle is sold:
(1) Undercoating.
(2) Rustproofing.
(3) Chemical or film paint sealant or protectant.
(4) Chemical sealant or stain inhibitor for carpet and fabric.
(r) “Theft deterrent device” means the following devices installed by the seller after the motor vehicle is sold:
(1) A vehicle alarm system.
(2) A window etch product.
(3) A body part marking product.
(4) A steering lock.
(5) A pedal or ignition lock.
(6) A fuel or ignition kill switch.

SEC. 51.

 Section 2985.7 of the Civil Code is amended to read:

2985.7.
 (a)   “Motor vehicle” means any vehicle required to be registered under the Vehicle Code. Motor vehicle does not include any trailer which is sold in conjunction with a vessel. 
(b)   “Lessor” includes “bailor” and is a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract.  
For the purpose of this subdivision, “person” means an individual, partnership, corporation, limited liability company, estate, trust, cooperative, association or any other legal entity.
(c)   “Lessee” includes “bailee” and is a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract.  
(d)   “Lease contract” means any contract for or in contemplation of the lease or bailment for the use of a motor vehicle, and the purchase of services incidental thereto, by a natural person for a term exceeding four months, primarily for personal, family or household purposes, whether or not it is agreed that the lessee bear the risk of the motor vehicle’s depreciation. Lease contract does not include a lease for agricultural, business or commercial purposes, or to a government or governmental agency or instrumentality.  
(e) “Regulation M” means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System under the federal Consumer Leasing Act (15 U.S.C. Secs. 1667-1667e), and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board to issue such interpretations or approvals.
(f) “Constant yield method” means the following:
(1) In the case of a periodic payment lease, the method of determining the rent charge portion of each base payment in which the rent charge for each computational period is earned in advance by multiplying the constant rate implicit in the lease contract times the balance subject to rent charge as it declines during the scheduled lease term. At any time during the scheduled term of a periodic payment lease, the balance subject to rent charge is the difference between the adjusted capitalized cost and the sum of (A) all depreciation and other amortized amounts accrued during the preceding computational periods and (B) the first base periodic payment.
(2) In the case of a single payment lease, the method of determining the periodic earning of rent charges in which the rent charge for each computational period is earned in advance by multiplying the constant rate implicit in the lease contract times the balance subject to rent charge as it increases during the scheduled lease term. At any time during the scheduled term of a single payment lease, the balance subject to rent charge is determined by subtracting from the residual value the total rent charge scheduled to be earned over the term of the lease contract and adding to the difference all rent charges accrued during the preceding computational periods.
(3) Periodic rent charge calculations are based on the assumption that the lessor will receive the lease payments on their exact due dates and that the lease does not end before its scheduled termination date.

SEC. 52.

 Section 3343.5 of the Civil Code is amended to read:

3343.5.
 (a)   Any one or more of the following who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as described in Chapter 12.7 (commencing with Section 570) of Title 13 of Part 1 of the Penal Code, may bring an action against the person who has engaged in those acts:  
(1)   A seller or other secured party under a conditional sale contract or a security agreement.  
(2)   A lender under a direct loan agreement.  
(3)   A lessor under a lease contract.  
(4)   A buyer under a conditional sale contract.  
(5)   A purchaser under a direct loan agreement, an agreement which provides for a security interest, or an agreement which is equivalent to these types of agreements.  
(6)   A lessee under a lease contract.  
(7)   An actual or purported transferee or assignee of any right or interest of a buyer, a purchaser, or a lessee.  
(b)   The court in an action under subdivision (a) may award actual damages; equitable relief, including, but not limited to, an injunction and restitution of money and property; punitive damages; reasonable attorney’s fees and costs; and any other relief which the court deems proper.  
(c)   As used in this section, the following terms have the following meanings:  
(1)   “Buyer” has the meaning set forth in subdivision (c) of Section 2981.  
(2)   “Conditional sale contract” has the meaning set forth in subdivision (a) of Section 2981. Notwithstanding subdivision (k) of Section 2981, “conditional sale contract” includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.  
(3)   “Direct loan agreement” means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased.  
(4)   “Lease contract” means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7. Notwithstanding subdivision (d) of Section 2985.7, “lease contract” includes a lease for business or commercial purposes.  
(5)   “Motor vehicle” means any vehicle required to be registered under the Vehicle Code.  
(6)   “Person” means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.  
(7)   “Purchaser” has the meaning set forth in paragraph (30) of subdivision (b) subdivision (33)  of Section 1201 of the Commercial Code.  
(8)   “Security agreement” and “secured party” have the meanings set forth, respectively, in paragraphs (74) (  l)  and (73) (m)  of subdivision (a) (1)  of Section 9102 9105  of the Commercial Code. “Security interest” has the meaning set forth in paragraph (35) of subdivision (b) subdivision (37)  of Section 1201 of the Commercial Code.  
(9)   “Seller” has the meaning set forth in subdivision (b) of Section 2981, and includes the present holder of the conditional sale contract.  
(d)   The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.  

SEC. 53.

 Section 3372 of the Civil Code is amended to read:

3372.
 (a)   Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and who represents himself or herself to be an expert with respect to investment decisions in such property, or any class of such property, shall be liable to any person to whom such advisory services are furnished for compensation and who is damaged by reason of such person’s reliance upon such services, for the amount of such compensation and for such damages, unless the person rendering such services proves that such services were performed with the due care and skill reasonably to be expected of a person who is such an expert.  
(b)   For the purposes of this section, the following apply:  
(1)   A person represents that such person is an “expert” within the meaning of this section if such person represents that he or she is a “financial planner,” “financial adviser,” “financial counselor,” “financial consultant” or an “investment adviser,” “investment counselor” or “investment consultant” or that such person renders “financial planning services,” “financial advisory services,” “financial counseling services,” “financial consulting services” or “investment advisory services,” “investment counseling services” or “investment consulting services” or makes substantially equivalent representations with respect to such person’s business or qualifications.  
(2)   “Person” includes an individual, corporation, partnership, limited liability company, joint venture, an association, joint stock company, a trust or unincorporated association.  
(c)   The following persons are not liable under the provisions of this section:  
(1)   Any person, when engaged in the purchase or sale of tangible personal property for his or her own account, and the agents and employees of such persons.
(2)   Any person, and the agents and employees of such person, licensed under, exempted from licensing under, or not subject to licensing under by reason of an express exclusion from a definition contained in, the Commodity Exchange Act, the Investment Advisers Act of 1940, the California Commodity Law, the Corporate Securities Law of 1968, the Insurance Code, the Real Estate Law, or any state or federal law for the licensing and regulation of banks or savings and loan associations.  

SEC. 54.

 Section 3426.1 of the Civil Code is amended to read:

3426.1.
 As used in this title, unless the context requires otherwise:
(a)   “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. Reverse engineering or independent derivation alone shall not be considered improper means.  
(b)   “Misappropriation” means:  
(1)   Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or  
(2)   Disclosure or use of a trade secret of another without express or implied consent by a person who:  
(A)   Used improper means to acquire knowledge of the trade secret; or  
(B)   At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:  
(i)   Derived from or through a person who had utilized improper means to acquire it;  
(ii)   Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or  
(iii)   Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or  
(C)   Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.  
(c)   “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.  
(d)   “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:  
(1)   Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and  
(2)   Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.  

SEC. 55.

 Section 3439.01 of the Civil Code is amended to read:

3439.01.
 As used in this chapter the following definitions are applicable:
(a)   “Asset” means property of a debtor, but the term does not include include,  the following:  
(1)   Property to the extent it is encumbered by a valid lien.  
(2)   Property to the extent it is generally exempt under nonbankruptcy law.  
(3)   An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.  
(b) “Claim,”   except as used in “claim for relief,”  “Claim”  means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.  
(c)   “Creditor” means a person that who  has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor.  
(d)   “Debt” means liability on a claim.  
(e)   “Debtor” means a person that who  is liable on a claim.  
(f) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(g) (f)   “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.  
(h) “Organization” means a person other than an individual.
(i) (g)   “Person” means an individual, partnership, corporation, limited liability company, association, organization,  government or governmental subdivision, instrumentality  subdivision  or agency, business trust, estate, trust, business or nonprofit entity, or  or any  other legal or commercial  entity.  
(j) (h)   “Property” means anything that may be the subject of ownership.  
(k) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(l) “Sign” means, with present intent to authenticate or adopt a record, to either (1) execute or adopt a tangible symbol, or (2) attach to or logically associate with the record an electronic symbol, sound, or process.
(m) (i)   “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license,  and creation of a lien or other encumbrance.  
(n) (j)   “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.  

SEC. 56.

 Section 3504 of the Civil Code is amended to read:

3504.
 As used in this title:
(a)   “Animal” means any amphibian, bird, mammal or reptile. It does not include any fish or insect.  
(b)   “Motion picture” means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. It shall not include motion pictures made for scientific, research, or educational purposes, or motion pictures exhibited as home movies, or amateur films, which are shown free or at cost to friends, neighbors or civic groups.
(c)   “Person” means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.  

SEC. 57.

 Section 116.130 of the Code of Civil Procedure is amended to read:

116.130.
 In this chapter, unless the context indicates otherwise:
(a)   “Plaintiff” means the party who has filed a small claims action. The action; the  term includes a defendant who has filed a claim against a plaintiff.  
(b)   “Defendant” means the party against whom the plaintiff has filed a small claims action. The action; the  term includes a plaintiff against whom a defendant has filed a claim.  
(c)   “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.  
(d)   “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.
(e)   “Person” means an individual, corporation, partnership, limited liability partnership, limited liability  company, firm, association, or other entity.  
(f)   “Individual” means a natural person.
(g)   “Party” means a plaintiff or defendant.
(h)   “Motion” means a party’s written request to the court for an order or other action. The action; the  term includes an informal written request to the court, such as a letter.  
(i)   “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state  that its contents are true and correct.  
(j)   “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.
(k)   “Mail” means first-class mail with postage fully prepaid, unless stated otherwise.  

SEC. 58.

 Section 481.170 of the Code of Civil Procedure is amended to read:

481.170.
 “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.

SEC. 59.

 Section 511.070 of the Code of Civil Procedure is amended to read:

511.070.
 “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.

SEC. 60.

 Section 680.280 of the Code of Civil Procedure is amended to read:

680.280.
 “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a general partner of a partnership, a limited liability company, and a public entity.

SEC. 61.

 Section 706.011 of the Code of Civil Procedure is amended to read:

706.011.
 As used in this chapter:
(a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law.
(b) (a)   “Earnings” means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise.  
(c) “Earnings withholding order for elder or dependent adult financial abuse” means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706.100) and based on a money judgment in an action for elder or adult dependent financial abuse under Section 15657.5 of the Welfare and Institutions Code.
(d) (b)   “Earnings assignment order for support” means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support.  
(e) (c)   “Employee” means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done.  
(f) (d)   “Employer” means a person for whom an individual performs services as an employee.  
(g) (e)   “Judgment creditor,” as applied to the state, means the specific state agency seeking to collect a judgment or tax liability.  
(h) (f)   “Judgment debtor” includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706.070), whether or not a judgment has been obtained on such tax liability.  
(i) (g)   “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.  

SEC. 62.

 Section 1203.51 of the Code of Civil Procedure is amended to read:

1203.51.
 Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this chapter.
(a)   “Person” means an individual, corporation, firm, partnership, limited liability company, or association.  
(b)   “Owner” means a person holding any interest in the legal or equitable title or both to any leasehold for oil or gas purposes, or his or her agent and shall include purchasers under executory contract, receivers, and trustees.  
(c)   “Contract” means a contract, written or oral, express or implied, or partly express and partly implied, or executory or executed, or partly executory and partly executed.  
(d)   “Material” means any material, machinery, appliances, buildings, structures, casing, tanks, pipelines, tools, bits, or other equipment or supplies but does not include rigs or hoists or their integral component parts except wire lines.  
(e)   “Labor” means work performed in return for wages.  
(f)   “Services” means work performed exclusive of labor, including the hauling of material, whether or not involving the furnishing of material.  
(g)   “Furnish” means sell or rent.  
(h)   “Drilling” means drilling, digging, shooting, torpedoing, perforating, fracturing, testing, logging, acidizing, cementing, completing or repairing.  
(i)   “Operating” means all operations conducted on the lease in connection with or necessary to the production of oil or gas, either in the development thereof or in working thereon by the subtractive process.  
(j)   “Construction” means construction, maintenance, operation, or repair, either in the development thereof or in working thereon by the subtractive process.  
(k)   “Original contractor” means any person for whose benefit a lien is prescribed under Section 1203.52.  

SEC. 63.

 Section 1235.160 of the Code of Civil Procedure is amended to read:

1235.160.
 “Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.

SEC. 64.

 Section 1601 of the Code of Civil Procedure is amended to read:

1601.
 As used in this chapter:
(a)   “Unclaimed property” means any tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, except bonuses and gratuities, which has remained unclaimed by the owner for:  
(1)   Twenty years from the date of maturity or call for payment, if arising from transactions under the public debt; or  
(2)   Twenty years after the last transaction concerning principal or interest, if deposits in the postal savings system; or  
(3)   Five years after the property first became payable, demandable, or returnable, if arising from any other transaction.  
(b)   “Owner” means any person, including his or her legal representative, who has or had a legal or equitable interest in unclaimed property. The owner shall be conclusively presumed to be the person to whom unclaimed property was or is payable or returnable according to the records of the United States Government. If two or more persons are interested in the property, and the extent of their respective interests is unknown, it shall be presumed that their interests in such property are equal.  
(c)   “Person” includes any individual, partnership, corporation, limited liability company, unincorporated association, or other legal entity.  

SEC. 65.

 Section 605 of the Corporations Code is amended to read:

605.
 (a)   For the purpose of determining whether a corporation has outstanding shares held of record by 100 or more persons, shares shall be deemed to be “held of record” by each person who is identified as the owner of such shares on the record of shareholders maintained by or on behalf of the corporation, subject to the following:  
(1)   In any case where the record of shareholders has not been maintained in accordance with accepted practice, any additional person who would be identified as such an owner on such record if it had been maintained in accordance with accepted practice shall be included as a holder of record.  
(2)   Shares identified as held of record by a corporation, a partnership, a limited liability company, a trust, whether or not the trustees are named, or other organization shall be included as so held by one person.  
(3)   Shares identified as held of record by one or more persons as trustees, executors, guardians, conservators, custodians or in other fiduciary capacities with respect to a single trust, estate or account shall be included as held of record by one person.  
(4)   Shares held by two or more persons as coowners shall be included as held by one person.  
(5)   Shares registered in substantially similar names, where the corporation (or other person soliciting proxies) has reason to believe because of the address or other indications that such names represent the same person, may be included as held of record by one person.  
(b)   Notwithstanding subdivision (a):  
(1)   Shares held, to the knowledge of the corporation (or other person soliciting proxies), subject to a voting trust, deposit agreement or similar arrangement shall be included as held of record by the recordholders of the voting trust certificates, certificates of deposit, receipts or similar evidences of interest in such securities; provided, however, that the corporation (or other person soliciting proxies) may rely in good faith on such information as is received in response to its request from a nonaffiliated issuer of the certificates or evidences of interest.  
(2)   If the corporation (or other person soliciting proxies) knows or has reason to know that the form of holding shares of record is used primarily to circumvent the provisions of this section, the beneficial owners of such shares shall be deemed to be the record owners thereof.  

SEC. 66.

 Section 12245 of the Corporations Code is amended to read:

12245.
 “Person,” unless otherwise expressly provided, includes any association, company, domestic or foreign corporation, corporation sole, estate, individual, joint stock company, joint venture, partnership, domestic or foreign limited liability company, government or political subdivision, agency or instrumentality of a government.

SEC. 66.1.

 Section 13401 of the Corporations Code is amended to read:

13401.
 As used in this part:
(a)   “Professional services” means any type of professional services that which  may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act,  Code  or the Osteopathic Chiropractic  Act.  
(b)   “Professional corporation” means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that which  is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that which  in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, the Dental Board of California, the Dental Hygiene Committee of California, the California  State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California,  Board of Examiners in Veterinary Medicine,  the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board,  Architectural Examiners, the Certified Court Reporters Board, or  the Board of Registered Nursing, or the State Board of Optometry  Nursing  shall not be required to obtain a certificate of registration in order to render those professional services.  
(c)   “Foreign professional corporation” means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation.  
(d)   “Licensed person” means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act,  Code  or the Osteopathic Chiropractic  Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, is  or intends to become, an officer, director, shareholder, or employee.  
(e)   “Disqualified person” means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that which  the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering.  

SEC. 67.

 Section 15002 of the Corporations Code is amended to read:

15002.
 In this act, “court” includes every court and judge having jurisdiction in the case.
“Business” includes every trade, occupation, or profession.
“Person” includes individuals, partnerships, corporations, limited liability companies, and other associations.
“Bankrupt” includes a debtor under Chapter 7 of the federal bankruptcy law or an insolvent under any state insolvency act.
“Conveyance” includes every assignment, lease, mortgage, or encumbrance.
“Real property” includes land and any interest or estate in land.

SEC. 68.

 Section 15611 of the Corporations Code is amended to read:

15611.
 As used in this chapter, unless the context otherwise requires:
(a)  “Acknowledged” means that an instrument is either of the following:
(1)  Formally acknowledged as provided in Article 3 (commencing with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of the Civil Code.
(2)  Executed to include substantially the following wording preceding the signature: It is hereby declared that I am the person who executed this instrument, which execution is my act and deed.
Any certificate of acknowledgment taken without this state before a notary public or a judge or clerk of a court of record having an official seal need not be further authenticated.
(b)  “Capital account” of a partner, unless otherwise provided in the partnership agreement, means the amount of the capital interest of that partner in the partnership consisting of that partner’s original contribution, as (1) increased by any additional contributions and by that partner’s share of the partnership’s profits and (2) decreased by any distribution to that partner and by that partner’s share of the partnership’s losses.
(c)  “Certificate of limited partnership” or “certificate” means the certificate referred to in Section 15621, including all amendments thereto.
(d)  “Constituent corporation” means a corporation which is merged with or into one or more limited partnerships or other business entities and includes a surviving corporation.
(e)  “Constituent limited partnership” means a limited partnership which is merged with or into one or more other limited partnerships or other business entities and includes a surviving limited partnership.
(f)  “Constituent other business entity” means an other business entity that is merged with or into one or more limited partnerships and includes a surviving other business entity.
(g)  “Contribution” means any money, property or services rendered, or a promissory note or other binding obligation to contribute money or property, or to render services as permitted in this chapter, which a partner contributes to a limited partnership as capital in that partner’s capacity as a partner pursuant to an agreement between the partners, including an agreement as to value.
(h)  “Disappearing limited partnership” means a constituent limited partnership which is not the surviving limited partnership.
(i)  “Disappearing other business entity” means a constituent other business entity that is not the surviving other business entity.
(j)  “Distribution” means the transfer of money or property by a partnership to its partners without consideration.
(k)  “Domestic corporation” means a corporation formed under the laws of this state.
( l)  “Foreign limited partnership” means a partnership formed under the laws of any state other than this state or under the laws of a foreign country and having as partners one or more general partners and one or more limited partners (or their equivalents under any name).
(m)  “Foreign other business entity” means an other business entity formed under the laws of any state other than this state or under the laws of a foreign country.
(n)  “General partner” means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement or a person who has been admitted as a general partner pursuant to Section 15641.
(o)  “Interests of all partners” means the aggregate interests of all partners in the current profits derived from business operations of the partnership.
(p)  “Interests of limited partners” means the aggregate interests of all limited partners in their respective capacities as limited partners in the current profits derived from business operations of the partnership.
(q)  “Limited partner” means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement, or an assignee of a limited partnership interest who has become a limited partner pursuant to Section 15674, or, to the extent provided in subdivision (b) of Section 15662, a former general partner who has ceased to be a general partner.
(r)  “Limited partnership” or “domestic limited partnership” means a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
(s)  “Mail” means first-class mail, postage prepaid, unless registered mail is specified. Registered mail includes certified mail.
(t)  “Majority in interest of all partners” means more than 50 percent of the interests of all partners.
(u)  “Majority in interest of the limited partners” means more than 50 percent of the interests of limited partners.
(v)  “Other business entity” means a corporation, general partnership, limited liability company, business trust, real estate investment trust, or an unincorporated association (other than a nonprofit association), but excluding a limited partnership.
(w)  “Parent” of a specified limited partnership means each general partner of the limited partnership, each person possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of a general partner of the limited partnership, and a person owning, directly or indirectly, limited partnership interests possessing more than 50 percent of the aggregate voting power of the specified limited partnership.
(x)  “Partner” means a limited or general partner. “Partner of record” means a partner named as a partner on the list maintained in accordance with subdivision (a) of Section 15615.
(y)  “Partnership agreement” means any valid oral or written agreement of the partners as to the affairs of a limited partnership and the conduct of its business, including all amendments thereto. In the event the partnership agreement consists of an oral agreement and a dispute arises concerning what the terms and conditions of the agreement are, the burden of proof shall be on the general partner or partners.
(z)  “Person” means an individual, partnership, limited partnership (domestic or foreign), trust, estate, association, corporation, limited liability company, or other entity.
(aa)  “Proxy” means a written authorization signed by a partner or the partner’s attorney in fact giving another person the power to vote with respect to the interest of that partner. “Signed,” for the purpose of this section, means the placing of the partner’s name on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the partner or partner’s attorney in fact.
(ab)  “Return of capital” means any distribution to a partner to the extent that the partner’s capital account, immediately after the distribution, is less than the amount of that partner’s contributions to the partnership as reduced by prior distributions which were a return of capital.
(ac)  “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(ad)  “Surviving limited partnership” means a limited partnership into which one or more other limited partnerships or other business entities are merged.
(ae)  “Surviving other business entity” means an other business entity into which one or more limited partnerships are merged.
(af)  “Time a notice is given or sent,” unless otherwise expressly provided, means the time a written notice to a partner or the limited partnership is deposited in the United States mails; or the time any other written notice is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means, to the recipient; or the time any oral notice is communicated, in person or by telephone or wireless, to the recipient or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the recipient.
(ag)  (1)  “Transact intrastate business” means entering into repeated and successive transactions of business in this state, other than interstate or foreign commerce.
(2)  A foreign limited partnership shall not be considered to be transacting intrastate business merely because of its status as any one or more of the following:
(A)  A shareholder of a foreign corporation transacting intrastate business.
(B)  A shareholder of a domestic corporation.
(C)  A limited partner of a foreign limited partnership transacting intrastate business.
(D)  A limited partner of a domestic limited partnership.
(E)  A member or manager of a foreign limited liability company transacting intrastate business.
(F)  A member or manager of a domestic limited liability company.
(3)  Without excluding other activities that may not constitute transacting intrastate business, a foreign limited partnership shall not be considered to be transacting intrastate business within the meaning of paragraph (1) solely by reason of carrying on in this state any one or more of the following activities:
(A)  Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims and disputes.
(B)  Holding meetings of its partners or carrying on other activities concerning its internal affairs.
(C)  Maintaining bank accounts.
(D)  Maintaining offices or agencies for the transfer, exchange, and registration of its securities or depositaries with relation to its securities.
(E)  Effecting sales through independent contractors.
(F)  Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts.
(G)  Creating or acquiring evidences of debt, or mortgages, liens, or security interests on real or personal property.
(H)  Securing or collecting debts or enforcing mortgages and security interests in property securing the debts.
(I)  Conducting an isolated transaction completed within a period of 180 days and not in the course of a number of repeated transactions of like nature.
(4)  A person shall not be deemed to be transacting intrastate business in this state merely because of the person’s status as a limited partner of a domestic limited partnership or a foreign limited partnership registered to transact intrastate business in this state.

SEC. 69.

 Section 15617 of the Corporations Code is amended to read:

15617.
  A partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner.

SEC. 70.

 Section 15622 of the Corporations Code is amended to read:

15622.
 (a)  A certificate of limited partnership is amended by filing a certificate of amendment thereto executed and acknowledged as provided in Section 15624. The certificate of amendment shall be filed in the office of, and on a form prescribed by, the Secretary of State. The certificate of amendment shall set forth all of the following:
(1)  The name and the Secretary of State’s file number of the limited partnership.
(2)  The text of the amendment to the certificate.
(b)  The general partners shall cause to be filed, within 30 days after the happening of any of the following events, an amendment to a certificate of limited partnership reflecting the occurrence of any of the following events:
(1)  A change in name of the limited partnership.
(2)  A change in the street address of the principal executive office.
(3)  A change in the address of a general partner or a change in the address of the agent for service of process, unless a corporate agent is designated, or appointment of a new agent for service of process.
(4)  The admission of a general partner. Any amendment filed pursuant to this paragraph shall set forth the address of the admitted general partner.
(5)  The cessation of a general partner to be a general partner.
(6)  The discovery by any of the general partners of any false or erroneous material statement contained in the certificate or any amendment thereto.
(c)  In the event a person other than a general partner is authorized to wind up the affairs of the limited partnership, whether as a result of the withdrawal of all general partners or otherwise, then upon dissolution of the limited partnership the certificate of limited partnership shall be amended to add the name and the business, residence, or mailing address of each person winding up the limited partnership’s affairs.
(d)  A certificate of limited partnership may also be amended at any time in any other respect that the general partners determine.
(e)  (1)  A certificate, entitled “Restated Certificate of Limited Partnership,” may be filed that embodies in a single certificate all of the provisions that are in effect contained in the different certificates that have been filed with the Secretary of State pursuant to this article.
(2)  A restated certificate of limited partnership may include an amendment of the certificate of limited partnership not previously filed with the Secretary of State.
(3)  The restated certificate of limited partnership shall supersede the initial certificate of limited partnership and all amendments thereto previously filed with the Secretary of State.
(4)  Any amendment effected in connection with the restatement of the certificate of limited partnership shall be subject to any other provision of this chapter, not inconsistent with this section, that would apply if a separate certificate of amendment were filed to effect that amendment.

SEC. 71.

 Section 15623 of the Corporations Code is amended to read:

15623.
 (a)  (1)  The person authorized to execute the certificate of dissolution pursuant to Section 15624 shall cause to be filed in the office of, and on a form prescribed by, the Secretary of State, a certificate of dissolution upon the dissolution of the limited partnership pursuant to Article 8 (commencing with Section 15681).
(2)  The certificate of dissolution shall set forth all of the following:
(A)  The name of the limited partnership and the Secretary of State’s file number.
(B)  The event causing, and the date of, the dissolution.
(C)  Any other information the partners filing the certificate of dissolution determine to include.
(b)  (1)  The person authorized to execute the certificate of cancellation pursuant to Section 15624 shall cause to be filed in the office of, and on a form prescribed by, the Secretary of State, a certificate of cancellation of certificate of limited partnership upon the completion of the winding up of the affairs of the limited partnership, pursuant to Article 8 (commencing with Section 15681).
(2)  The certificate of cancellation of certificate of limited partnership shall set forth all of the following:
(A)  The name of the limited partnership and the Secretary of State’s file number.
(B)  Any other information the partners filing the certificate of cancellation of certificate of limited partnership determine to include.
(c)  (1)  Notwithstanding the filing of a certificate of dissolution, the general partners may cause to be filed, in the office of, and on a form prescribed by, the Secretary of State, a certificate of continuation, in any of the following circumstances:
(A)  The business of the partnership is to be continued pursuant to the written consent of all partners.
(B)  The dissolution of the partnership was by written consent of the partners pursuant to subdivision (b) of Section 15681 and each partner who consented to the dissolution has agreed in writing to revoke the partner’s consent to the dissolution.
(C)  The partnership was not, in fact, dissolved.
(2)  The certificate of continuation shall set forth all of the following:
(A)  The name of the limited partnership and the Secretary of State’s file number.
(B)  The grounds provided by paragraph (1) that are the basis for filing the certificate of continuation.
(3)  Upon the filing of a certificate of continuation, the certificate of dissolution shall be of no effect from the time of the filing of the certificate of dissolution except to the extent provided in subdivision (c) of Section 15624.

SEC. 72.

 Section 15624 of the Corporations Code is amended to read:

15624.
 (a)  Each certificate required by this article to be filed in the office of the Secretary of State shall be executed in the following manner:
(1)  A certificate referred to in Section 15621 shall be executed by all general partners, unless filed by a limited partner pursuant to Section 15633, or by any person authorized pursuant to subdivision (a) of Section 15625.
(2)  A certificate of amendment shall be executed by all general partners (or a lesser number provided in the certificate of limited partnership) and by each general partner designated in the certificate as a new partner, provided that:
(A)  If the amendment states the cessation of a general partner to be a general partner, it need not be signed by that former general partner. Notwithstanding the foregoing, if the general partner or partners required by this paragraph to execute the amendment fail after demand to do so within a reasonable time or refuse to do so, or if there are no remaining general partners and the limited partners winding up the limited partnership’s affairs fail after demand to execute the amendment within a reasonable time or refuse to do so, it may be executed by that former general partner.
(B)  If the amendment is filed pursuant to subdivision (c) of Section 15622, it shall be executed by each person authorized to wind up the limited partnership’s affairs and it need not be signed by any former general partner or any general partner not winding up the limited partnership’s affairs.
(3)  A certificate of dissolution shall be executed by all general partners (or a lesser number provided in the certificate of limited partnership). However, if the limited partners are winding up the limited partnership affairs, a certificate of dissolution shall be executed by the person authorized by a majority in interest of the limited partners.
(4)  A certificate of cancellation of certificate of limited partnership shall be executed by all general partners (or a lesser number provided in the certificate of limited partnership). However, if the limited partners are winding up the limited partnership affairs, a certificate of cancellation of certificate of limited partnership shall be executed by the person authorized by a majority in interest of the limited partners.
(5)  A certificate of continuation shall be executed by all general partners (or a lesser number provided in the certificate of limited partnership).
(6)  A certificate of merger shall be executed by all general partners of each domestic constituent limited partnership (or a lesser number as provided in the certificate of limited partnership of the constituent limited partnership) and by one or more general partners of each foreign constituent limited partnership. In the event of a merger with an other business entity, the certificate of merger shall be executed by all general partners, or a lesser number provided in the limited partnership certificate, of each domestic constituent limited partnership and by one or more general partners of the foreign constituent limited partnership or by the person authorized by an other business entity.
(7)  A certificate filed by a limited partner pursuant to Section 15633 shall be signed by the limited partner.
(8)  A restated certificate of limited partnership shall be executed as any other certificate of amendment under paragraph (2) of subdivision (a).
(b)  Any person may execute any certificate referred to in this section by an attorney in fact.
(c)  Any general partner, or any limited partner executing a certificate pursuant to Section 15633, shall be liable for any statement materially inconsistent with the partnership agreement or any material misstatement of fact contained in the certificate if the partner knew or should have known that the statement was false when made and an amendment required by subdivision (b) of Section 15622 was not filed, and the person suffering the loss relied on the statement or misstatement. Any general partner shall be liable for any statement materially inconsistent with the partnership agreement or any material misstatement of fact contained in the certificate if the general partner knew or should have known that the statement became false and an amendment required by Section 15622 was not filed, and the person suffering the loss relied on the statement or misstatement.
(d)  Except as otherwise provided in Section 15642, no person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subdivision (b) of Section 15622 if the amendment is filed within the time specified in subdivision (b) of Section 15622.
(e)  Except as provided in subdivision (c), no limited partner shall incur any liability for any misstatement contained in the certificate or for failure to file an amendment to a certificate of limited partnership pursuant to subdivision (b) of Section 15622.
(f)  No person other than a general partner shall be subject to liability as a general partner by reason of having executed and filed a certificate of amendment required by subdivision (c) of Section 15622, a certificate of dissolution pursuant to Section 15623, or a certificate of cancellation of certificate of limited partnership pursuant to Section 15623.

SEC. 73.

 Section 15625 of the Corporations Code is amended to read:

15625.
 (a)  If a general partner required by this article to execute or file a certificate of limited partnership fails after demand to do so within a reasonable time or refuses to do so, any other partner, or any person appointed by a court of competent jurisdiction, may prepare, execute, and file with the Secretary of State a certificate of limited partnership.
(b)  If a general partner required by this article to execute any certificate fails to do so within a reasonable time or refuses to do so, or if there is any dispute concerning the filing of a certificate of amendment, a certificate of continuation, a certificate of dissolution, or a certificate of cancellation of limited partnership, or the failure to file any of those certificates, any partner may petition the superior court to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person so designated has failed or refused to execute the certificate, or if the court determines that any certificate should be filed, it shall order a party to file a certificate on the appropriate form prescribed by the Secretary of State, as ordered by the court. In any action under this subdivision, if the court finds the failure of the general partner to comply with the requirement to file any certificate to have been without justification, the court may award an amount sufficient to reimburse the partners bringing the action for the reasonable expenses incurred by the partners, including attorneys’ fees, in connection with the action or proceeding.
(c)  Any person, other than a general partner, filing any certificate under this chapter, shall state the statutory authority after the signature on the appropriate certificate.

SEC. 74.

 Section 15631 of the Corporations Code is amended to read:

15631.
 (a)  After the filing of a certificate referred to in Section 15621, a person may become a limited partner:
(1)  In the case of a person acquiring a limited partnership interest directly from the limited partnership, upon compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all of the partners.
(2)  In the case of an assignee of a partnership interest, upon compliance with subdivision (a) of Section 15674 and at the time provided in and upon compliance with the partnership agreement or, if the partnership agreement does not so provide, when the person’s permitted admission is reflected in the records of the limited partnership in accordance with subdivision (b).
(b)  In each case under subdivision (a), the person acquiring the partnership interest shall be added by the general partners as a limited partner to the list required by subdivision (a) of Section 15615.

SEC. 75.

 Section 15632 of the Corporations Code is amended to read:

15632.
 (a)  A limited partner is not liable for any obligation of a limited partnership unless named as a general partner in the certificate or, in addition to the exercise of the rights and powers of a limited partner, the limited partner participates in the control of the business. If a limited partner participates in the control of the business without being named as a general partner, that partner may be held liable as a general partner only to persons who transact business with the limited partnership with actual knowledge of that partner’s participation in control and with a reasonable belief, based upon the limited partner’s conduct, that the partner is a general partner at the time of the transaction. Nothing in this chapter shall be construed to affect the liability of a limited partner to third parties for the limited partner’s participation in tortious conduct.
(b)  A limited partner does not participate in the control of the business within the meaning of subdivision (a) solely by doing, attempting to do, or having the right or power to do, one or more of the following:
(1)  Being (A) an independent contractor for or an agent or employee of, or transacting business with, the limited partnership or a general partner of the limited partnership, (B) an officer, director, or shareholder of a corporate general partner of the limited partnership, (C) a member, manager, or officer of a limited liability company that is a general partner of the limited partnership, (D) a limited partner of a partnership that is a general partner of the limited partnership, (E) a trustee, administrator, executor, custodian, or other fiduciary or beneficiary of an estate or trust that is a general partner, or (F) a trustee, officer, advisor, shareholder, or beneficiary of a business trust that is a general partner.
(2)  Consulting with and advising a general partner with respect to the business of the limited partnership.
(3)  Acting as surety for the limited partnership or for a general partner, guaranteeing one or more specific debts of the limited partnership, or providing collateral for the limited partnership or general partner, or borrowing money from the limited partnership or a general partner, or lending money to the limited partnership or a general partner.
(4)  Approving or disapproving an amendment to the partnership agreement.
(5)  Voting on, proposing, or calling a meeting of the partners for one or more of the matters described in subdivision (f) of Section 15636.
(6)  Winding up the partnership pursuant to Section 15683.
(7)  Executing and filing a certificate pursuant to Section 15625 or a certificate of dissolution pursuant to paragraph (3) of subdivision (a) of Section 15624 or a certificate of cancellation of certificate of limited partnership pursuant to paragraph (4) of subdivision (a) of Section 15624.
(8)  Serving on an audit committee or committee performing the functions of an audit committee.
(9)  Serving on a committee of the limited partnership or the limited partners for the purpose of approving actions of the general partner.
(10)  Calling, requesting, attending, or participating at any meeting of the partners or the limited partners.
(11)  Taking any action required or permitted by law to bring, pursue, settle, or terminate a derivative action on behalf of the limited partnership.
(12)  Serving on the board of directors or a committee of, consulting with or advising, being or acting as an officer, director, stockholder, partner, member, manager, agent, or employee of, or being or acting as a fiduciary for, any person in which the limited partnership has an interest.
(13)  Exercising any right or power permitted to limited partners under this chapter and not specifically enumerated in this subdivision.
(c)  The enumeration in subdivision (b) does not mean that any other conduct or the possession or exercise of any other power by a limited partner constitutes participation by the limited partner in the control of the business of the limited partnership.

SEC. 76.

 Section 15633 of the Corporations Code is amended to read:

15633.
 (a)  Except as provided in subdivision (b), if a certificate of limited partnership has not been filed, a person who makes a contribution to the purported limited partnership and in good faith believes that that person has become a limited partner is not liable for the obligations of the purported limited partnership, if, on ascertaining that the certificate has not been filed and after a failure of the general partner or partners to file the certificate within a reasonable time after request, that person promptly files the certificate of limited partnership. A limited partner executing and filing a certificate of limited partnership shall send a copy of the certificate so filed to each general partner at the general partner’s last known address.
(b)  A person who makes a contribution to the purported limited partnership and in good faith believes that that person has become a limited partner is liable only to any third party who transacted business with the purported limited partnership before the certificate is filed and who reasonably believed that the person was a general partner at the time of the transaction.

SEC. 77.

 Section 15636 of the Corporations Code is amended to read:

15636.
 The rights and duties of the partners in relation to the limited partnership shall be determined by the following rules:
(a)  No limited partner shall be required to make any additional contribution to the limited partnership.
(b)  Except for distributions made pursuant to Section 15664, no limited partner shall have a priority over any other limited partner, as to return of contributions or as to compensation as a limited partner by way of income.
(c)  The obligation of a partner to make a contribution or return money or property distributed in violation of this chapter may be compromised only by the written consent of all the partners.
(d)  No limited partner shall have the right to receive property other than money upon any distribution.
(e)  A partner may not be compelled to accept a distribution of any asset in kind from a limited partnership in lieu of a proportionate distribution of money being made to other partners.
(f)  With respect to any of the following matters upon which the limited partners shall have the right to vote, the limited partners also shall have the right in accordance with Section 15637 to call and give notice of meetings and to prepare and solicit written consents:
(1)  The limited partners shall have the right to vote on the following matters, and the actions specified herein may be taken only by the general partners and then only with the affirmative vote of a majority in interest of the limited partners:
(A)  The dissolution and winding up of the limited partnership.
(B)  The merger of the limited partnership or the sale, exchange, lease, mortgage, pledge, or other transfer of, or the granting of a security interest in, all or a substantial part of the assets of the limited partnership other than in the ordinary course of its business.
(C)  The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business.
(D)  A change in the nature of the business.
(E)  Transactions in which the general partners have an actual or potential conflict of interest with the limited partners or the partnership.
(F)  An election to continue the business of the limited partnership other than under the circumstances described in paragraph (3).
(G)  The admission of a general partner other than under the circumstances described in paragraph (3); provided, that notwithstanding any other provision of this chapter or any provision of the partnership agreement to the contrary, the action specified in this subparagraph may only be taken with the affirmative vote of a majority in interest of the limited partners or the greater interest provided in the partnership agreement.
(2)  The limited partners shall have the right to vote on the removal of a general partner, and that action shall be effective without further action upon the vote or written consent of a majority in interest of all partners and, if that action is taken by written consent, written notice to the general partners (including any general partner being removed) that the action has been taken. Any such notice shall be given in the same manner as described in subdivision (c) of Section 15637.
(3)  The limited partners shall have the right to vote on the admission of a general partner or an election to continue the business of the limited partnership after a general partner ceases to be a general partner where there is no remaining or surviving general partner; provided that, notwithstanding any other provision of this chapter or any provision of the partnership agreement to the contrary, that action may only be taken by the affirmative vote of a majority in interest of the limited partners or the greater interest provided in the partnership agreement.
(4)  The limited partners shall have the right to vote on the following matters, and the actions specified therein shall require the affirmative vote of those partners as shall be provided under the partnership agreement:
(A)  With respect to a limited partnership that is registered as an investment company under the Investment Company Act of 1940, as amended, or the rules and regulations of the Securities and Exchange Commission under that act, any matter to be approved by the holders of beneficial interests in an investment company, including the electing of directors or trustees of the investment company, the approving or terminating of investment advisory or underwriting contracts, and the approving of auditors.
(B)  Matters related to the business of the limited partnership not otherwise enumerated in this subdivision, which the partnership agreement states in writing may be subject to the approval or disapproval of limited partners.

SEC. 78.

 Section 15637 of the Corporations Code is amended to read:

15637.
 (a)  Meetings of partners may be held at any place within or without this state selected by the person or persons calling the meeting or as may be stated in or fixed in accordance with the partnership agreement. If no other place is stated or so fixed, partners’ meetings shall be held at the principal executive office of the partnership.
(b)  A meeting of the partners may be called by any of the general partners or by limited partners representing more than 10 percent of the interests of limited partners for any matters on which the limited partners may vote.
(c)  (1)  Whenever partners are required or permitted to take any action at a meeting, a written notice of the meeting shall be given not less than 10, nor more than 60, days before the date of the meeting to each partner entitled to vote at the meeting. The notice shall state the place, date, and hour of the meeting and the general nature of the business to be transacted, and no other business may be transacted.
(2)  Notice of a partners’ meeting or any report shall be given either personally or by mail or other means of written communication, addressed to the partner at the address of the partner appearing on the books of the partnership or given by the partner to the partnership for the purpose of notice, or, if no address appears or is given, at the place where the principal executive office of the partnership is located or by publication at least once in a newspaper of general circulation in the county in which the principal executive office is located. The notice or report shall be deemed to have been given at the time when delivered personally or deposited in the mail or sent by other means of written communication. An affidavit of mailing of any notice or report in accordance with the provisions of this article, executed by a general partner, shall be prima facie evidence of the giving of the notice or report.
If any notice or report addressed to the partner at the address of the partner appearing on the books of the partnership is returned to the partnership by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver the notice or report to the partner at the address, all future notices or reports shall be deemed to have been duly given without further mailing if they are available for the partner at the principal executive office of the partnership for a period of one year from the date of the giving of the notice or report to all other partners.
(3)  Upon written request to the general partners by any person entitled to call a meeting of partners, the general partners immediately shall cause notice to be given to the partners entitled to vote that a meeting will be held at a time requested by the person calling the meeting, not less than 10, nor more than 60, days after the receipt of the request. If the notice is not given within 20 days after receipt of the request, the person entitled to call the meeting may give the notice or, upon the application of that person, the superior court of the county in which the principal executive office of the limited partnership is located, or if the principal executive office is not in this state, the county in which the limited partnership’s address in this state is located, shall summarily order the giving of the notice, after notice to the partnership giving it an opportunity to be heard. The procedure provided in subdivision (c) of Section 305 of the Corporations Code shall apply to the application. The court may issue any order as may be appropriate, including, without limitation, an order designating the time and place of the meeting, the record date for determination of partners entitled to vote, and the form of notice.
(d)  When a partners’ meeting is adjourned to another time or place, except as provided in this subdivision, notice need not be given of the adjourned meeting if the time and place thereof are announced at the meeting at which the adjournment is taken. At the adjourned meeting the partnership may transact any business which might have been transacted at the original meeting. If the adjournment is for more than 45 days or if after the adjournment a new record date is fixed for the adjourned meeting, a notice of the adjourned meeting shall be given to each partner of record entitled to vote at the meeting.
(e)  The transactions of any meeting of partners, however called and noticed, and wherever held, are as valid as though had at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy, and if, either before or after the meeting, each of the persons entitled to vote, not present in person or by proxy, signs a written waiver of notice or a consent to the holding of the meeting or an approval of the minutes thereof. All waivers, consents, and approvals shall be filed with the partnership records or made a part of the minutes of the meeting. Attendance of a person at a meeting shall constitute a waiver of notice of the meeting, except when the person objects, at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters required by this chapter to be included in the notice but not so included, if the objection is expressly made at the meeting. Neither the business to be transacted at nor the purpose of any meeting of partners need be specified in any written waiver of notice, except as provided in subdivision (g).
(f)  Partners may participate in a meeting of the partnership through the use of conference telephones or similar communications equipment, so long as all partners participating in the meeting can hear one another. Participation in a meeting pursuant to this provision constitutes presence in person at that meeting.
(g)  Any partner approval at a meeting, other than unanimous approval by those entitled to vote, shall be valid only if the general nature of the proposal so approved was stated in the notice of meeting or in any written waiver of notice.
(h)  (1)  A majority in interest of the limited partners represented in person or by proxy shall constitute a quorum at a meeting of partners.
(2)  The partners present at a duly called or held meeting at which a quorum is present may continue to transact business until adjournment notwithstanding the withdrawal of enough partners to leave less than a quorum, if any action taken (other than adjournment) is approved by the requisite percentage of interests of limited partners specified in this chapter.
(3)  In the absence of a quorum, any meeting of partners may be adjourned from time to time by the vote of a majority of the interests represented either in person or by proxy, but no other business may be transacted, except as provided in paragraph (2).
(i)  Any action that may be taken at any meeting of the partners may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by partners having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all entitled to vote thereon were present and voted. In the event the limited partners are requested to consent on a matter without a meeting, each partner shall be given notice of the matter to be voted upon in the same manner as described in subdivision (c). In the event any general partner, or limited partners representing more than 10 percent of the interests of the limited partners, request a meeting for the purpose of discussing or voting on the matter, the notice of a meeting shall be given in accordance with subdivision (c) and no action shall be taken until the meeting is held. Unless delayed in accordance with the provisions of the preceding sentence, any action taken without a meeting will be effective 15 days after the required minimum number of voters have signed the consent, however, the action will be effective immediately if all general partners and limited partners representing at least 90 percent of the interests of the limited partners have signed the consent.
(j)  The use of proxies in connection with this section will be governed in the same manner as in the case of corporations formed under the General Corporation Law.
(k)  In order that the limited partnership may determine the partners of record entitled to notices of any meeting or to vote, or entitled to receive any distribution or to exercise any rights in respect of any other lawful action, the general partners, or limited partners representing more than 10 percent of the interests of limited partners, may fix, in advance, a record date, which is not more than 60 or less than 10 days prior to the date of the meeting and not more than 60 days prior to any other action. If no record date is fixed:
(1)  The record date for determining partners entitled to notice of or to vote at a meeting of partners shall be at the close of business on the business day next preceding the day on which notice is given or, if notice is waived, at the close of business on the business day next preceding the day on which the meeting is held.
(2)  The record date for determining partners entitled to give consent to partnership action in writing without a meeting shall be the day on which the first written consent is given.
(3)  The record date for determining partners for any other purpose shall be at the close of business on the day on which the general partners adopt it, or the 60th day prior to the date of the other action, whichever is later.
(4)  The determination of partners of record entitled to notice of or to vote at a meeting of partners shall apply to any adjournment of the meeting unless the general partners, or the limited partners who called the meeting, fix a new record date for the adjourned meeting, but the general partners, or the limited partners who called the meeting, shall fix a new record date if the meeting is adjourned for more than 45 days from the date set for the original meeting.

SEC. 79.

 Section 15641 of the Corporations Code is amended to read:

15641.
  After the filing of a certificate referred to in Section 15621, a general partner may be admitted only with the written consent of each general partner, if any is remaining at the time, and the affirmative vote of limited partners as is required in accordance with the provisions of subdivision (f) of Section 15636.

SEC. 80.

 Section 15643 of the Corporations Code is amended to read:

15643.
 (a)  Except as otherwise provided in this chapter, a general partner of a limited partnership has the rights and powers and is subject to the restrictions of a partner in a partnership without limited partners.
(b)  Except as provided in this chapter, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to persons other than the partnership and the other partners. Except as provided in this chapter, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to the partnership and to the other partners.

SEC. 81.

 Section 15644 of the Corporations Code is amended to read:

15644.
 A general partner of a limited partnership may make contributions to the limited partnership and share in the profits and losses of, and in distributions from, the limited partnership as a general partner. A general partner also may make contributions, and share in the profits and losses and distributions, as a limited partner, if the general partner’s interest as a limited partner is separately designated in the partnership agreement. A person who is both a general partner and a limited partner has the rights and powers, and is subject to the restrictions and liabilities, of a general partner and also has the powers, and is subject to the restrictions, of a limited partner to the extent of his or her participation in the limited partnership as a limited partner.

SEC. 82.

 Section 15645 of the Corporations Code is amended to read:

15645.
 (a)  A partnership agreement may provide for the creation of classes of general partners. The partnership agreement shall define the rights, powers, and duties of those classes including rights, powers, and duties senior to other classes of general partners.
(b)  The partnership agreement may provide to all or certain specified classes of general partners the right to vote separately or with all or any class of the general partners on any matters.

SEC. 83.

 Section 15655 of the Corporations Code is amended to read:

15655.
 A partner is not excused from an obligation to the limited partnership to perform any promise to contribute cash or property or to perform services because of death, disability, or any other reason. If a partner does not make the required contribution of property or services, the partner is obligated at the option of the limited partnership to contribute cash equal to that portion of the fair market value (or the agreed value if stated in the partnership agreement) of the contribution that has not been made. The foregoing option shall be in addition to, and not in lieu of, any other rights, including the right to specific performance, that the limited partnership may have against that partner under the partnership agreement or applicable law.

SEC. 84.

 Section 15662 of the Corporations Code is amended to read:

15662.
 (a)  A partnership agreement may provide that a general partner may withdraw from a limited partnership at the time or upon the happening of events specified in the partnership agreement or, that a general partner shall not have the right to withdraw as a general partner of a limited partnership. Notwithstanding any restrictions upon the right to withdraw of a general partner, a general partner may withdraw from a limited partnership at any time by giving written notice to the other partners. However, if the withdrawal violates the partnership agreement the limited partnership may recover from the withdrawing general partner damages for breach of the partnership agreement and, in addition to any other remedies, shall have the right to offset the damages against any amounts otherwise distributable to the general partner. In the case of a partnership for a fixed term, a withdrawal by a general partner prior to the expiration of that term is a breach of the partnership agreement.
(b)  Subject to the liability created under subdivision (a), a general partner who ceases to be a general partner under Section 15642 shall:
(1)  Retain the same interest in that partner’s capital account and distributions, but that interest shall be that of a limited partner.
(2)  Not be personally liable for partnership debts incurred after the person ceases to be a general partner, other than any debts incurred by reason of that person’s being deemed to be acting as a general partner, pursuant to Section 15642.
(3)  Be entitled to vote as a limited partner on all matters except the admission and compensation of a general partner.
(4)  Have the partner’s interest in profits, losses, and distributions reduced pro rata with all other partners to provide compensation, or an interest in the partnership, or both, to a new general partner.

SEC. 85.

 Section 15663 of the Corporations Code is amended to read:

15663.
 A limited partner may withdraw from a limited partnership only at the time or upon the happening of events specified in the partnership agreement.

SEC. 86.

 Section 15664 of the Corporations Code is amended to read:

15664.
 Upon withdrawal, any withdrawing limited partner is entitled to receive any distribution to which that partner is entitled under the partnership agreement and the limited partner is entitled to receive, within a reasonable time after withdrawal, the fair value of the limited partner’s interest in the limited partnership as of the date of withdrawal based upon the limited partner’s right to share in distributions from the limited partnership.

SEC. 87.

 Section 15666 of the Corporations Code is amended to read:

15666.
 (a)  A partner is obligated to return a distribution from a limited partnership to the extent that at the time of the distribution the partner knew that immediately after giving effect to the distribution, and notwithstanding the compromise of a claim referred to in subdivision (c) of Section 15636, all liabilities of the limited partnership, other than liabilities to partners on account of their interest in the limited partnership and liabilities as to which recourse of creditors is limited to specified property of the limited partnership, exceed the fair value of the partnership assets, provided that the fair value of any property that is subject to a liability as to which recourse of creditors is so limited shall be included in the partnership assets only to the extent that the fair value of the property exceeds this liability.
(b)  A cause of action with respect to an obligation to return a distribution pursuant to subdivision (a) is extinguished unless the action is brought within four years after the distribution is made.

SEC. 88.

 Section 15672 of the Corporations Code is amended to read:

15672.
 (a)  A limited partnership interest is assignable in whole or in part. An assignment of a limited partnership interest does not dissolve a limited partnership or, other than as set forth in this chapter, entitle the assignee to become or to exercise any rights of a partner. An assignment entitles the assignee to receive, to the extent assigned, the distributions and the allocations of income, gain, loss, deduction, credit, or similar item, to which the assignor would be entitled. Except as otherwise provided in the assignment, an assignee of a limited partnership interest in a limited partnership with over 100 limited partners also shall be entitled to all of the rights granted to a limited partner pursuant to Section 15634. A limited partner remains a partner upon assignment of all or part of the limited partner’s limited partnership interest, with the rights that the assignee does not acquire or possess, subject to the assignee becoming a limited partner pursuant to subdivision (a) of Section 15674.
(b)  The pledge of, or granting of a security interest, lien, or other encumbrance in or against any or all of the partnership interest of a partner shall not cause the partner to cease to be a partner or to grant to anyone else the power to exercise any rights or powers of a partner.
(c)  A partnership agreement may provide that a general partner may not assign or encumber a partnership interest in a limited partnership.

SEC. 89.

 Section 15674 of the Corporations Code is amended to read:

15674.
 (a)  An assignee of a partnership interest, including an assignee of a general partner, may become a limited partner if and to the extent that (1) the partnership agreement so provides or (2) all partners consent.
(b)  An assignee who has become a limited partner has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a limited partner under the partnership agreement and this chapter. An assignee who becomes a limited partner also is liable for the obligations of the assignor to make contributions as provided in Article 5 (commencing with Section 15651). However, the assignee is not obligated for liabilities unknown to the assignee at the time the assignee became a limited partner and which could not be ascertained from the partnership agreement.
(c)  If an assignee of a limited partnership interest becomes a limited partner, the assignor is not released from the assignor’s liability to the limited partnership under subdivision (c) of Section 15624, and Sections 15652 and 15666.
(d)  If the general partner assigns all of the general partner’s interest in the partnership to a third party, a majority in interest of the limited partners may remove that general partner.

SEC. 90.

 Section 15675 of the Corporations Code is amended to read:

15675.
 (a)  If a limited partner who is an individual dies or a court of competent jurisdiction adjudges the limited partner to be incompetent to manage the limited partner’s person or property, the partner’s executor, administrator, guardian, conservator, or other legal representative may exercise all the partner’s rights for the purpose of settling the partner’s estate or administering the partner’s property.
(b)  If a limited partner is a corporation, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

SEC. 91.

 Section 15681 of the Corporations Code is amended to read:

15681.
 A limited partnership is dissolved and its affairs shall be wound up upon the happening of the first to occur of the following:
(a)  At the time or upon the happening of events specified in the partnership agreement.
(b)  Except as otherwise provided in the partnership agreement, written consent of all general partners and a majority in interest of the limited partners.
(c)  A general partner ceases to be a general partner under Section 15642, unless (1) at the time there is at least one other general partner and the partnership agreement permits the business of the limited partnership to be continued by the remaining general partner or partners, if any, and the partner or partners do so, or (2) at the time there is no remaining general partner and a majority in interest of the limited partners or the greater interest provided in the partnership agreement agree in writing to continue the business of the limited partnership and, within six months after the last remaining general partner has ceased to be a general partner, to admit one or more general partners.
(d)  Entry of a decree of judicial dissolution under Section 15682.

SEC. 92.

 Section 24000 of the Corporations Code is amended to read:

24000.
 (a)  As used in this part, “unincorporated association” means any partnership or other unincorporated organization of two or more persons, whether organized for profit or not, but does not include a government or governmental subdivision or agency.
(b)  As used in this section, “person” includes a natural person, corporation, partnership or any other unincorporated organization, limited liability company, and a government or governmental subdivision or agency.

SEC. 93.

 Section 29001 of the Corporations Code is amended to read:

29001.
 “Person” means an individual, partnership, corporation, limited liability company, or association, either domestic or foreign, whether acting in his or her own right or as the officer, agent, servant, employee, correspondent, or representative of another or as trustee.

SEC. 94.

 Section 29514 of the Corporations Code is amended to read:

29514.
 “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government.

SEC. 95.

 Section 31015 of the Corporations Code is amended to read:

31015.
 “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust or an unincorporated organization.

SEC. 96.

 Section 32380 of the Education Code is amended to read:

32380.
 As used in this article:
(a)   “Person” means any individual, partnership, corporation, limited liability company, association, firm, or public board, agency, or entity.  
(b)   “Prepare” means to put into condition for intended use.  
(c)   “Degree” means any “academic degree” or “honorary degree” or title of any designation, mark, appellation, series of letters or words such as, but not limited to, associate, bachelor, master, doctor, or fellow which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic, educational, technological, or professional program of study or is an honorary title conferred for recognition of some meritorious achievement.  
(d)   “Diploma” means any diploma, certificate, transcript, document, or other writing in any language other than a degree representing that an individual has completed any course of study.  

SEC. 97.

 Section 66405 of the Education Code is amended to read:

66405.
 As used in this chapter, “person” means any individual, partnership, corporation, limited liability company, or association.
As used in this chapter, “prepare” means to put into condition for intended use. “Prepare” does not include the mere typing or assembling of papers, nor the mere furnishing of information or research.

SEC. 98.

 Section 3564.1 of the Elections Code is amended to read:

3564.1.
 A ballot argument or a rebuttal argument which includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly authorized representative. “Person” as used in this section means any individual, partnership, corporation, limited liability company, association, committee, labor organization, and any other organization or group of persons.

SEC. 99.

 Section 3785.1 of the Elections Code is amended to read:

3785.1.
 A ballot argument or a rebuttal argument which includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly authorized representative. “Person” as used in this section means any individual, partnership, corporation, limited liability company, association, committee, labor organization, and any other organization or group of persons.

SEC. 100.

 Section 5014.1 of the Elections Code is amended to read:

5014.1.
 A ballot argument or, if applicable, a rebuttal argument which includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly authorized representative. “Person” as used in this section means any individual, partnership, corporation, limited liability company, association, committee, labor organization, and any other organization or group of persons.

SEC. 101.

 Section 5157.6 of the Elections Code is amended to read:

5157.6.
 A ballot argument or a rebuttal argument which includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly authorized representative. “Person” as used in this section means any individual, partnership, corporation, limited liability company, association, committee, labor organization, and any other organization or group of persons.

SEC. 102.

 Section 5326 of the Elections Code is amended to read:

5326.
 A ballot argument or a rebuttal argument which includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly authorized representative. “Person” as used in this section means any individual, partnership, corporation, limited liability company, association, committee, labor organization, and any other organization or group of persons.

SEC. 103.

 Section 175 of the Evidence Code is amended to read:

175.
 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

SEC. 104.

 Section 954 of the Evidence Code is amended to read:

954.
 Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by:
(a)   The holder of the privilege;  
(b)   A person who is authorized to claim the privilege by the holder of the privilege; or  
(c)   The person who was the lawyer at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he is otherwise instructed by a person authorized to permit disclosure.  
The relationship of attorney and client shall exist between a law corporation as defined in Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of the Business and Professions Code and the persons to whom it renders professional services, as well as between such persons and members of the State Bar employed by such corporation to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations and other groups and entities.

SEC. 105.

 Section 994 of the Evidence Code is amended to read:

994.
 Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician if the privilege is claimed by:
(a)   The holder of the privilege;  
(b)   A person who is authorized to claim the privilege by the holder of the privilege; or  
(c)   The person who was the physician at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.  
The relationship of a physician and patient shall exist between a medical or podiatry corporation as defined in the Medical Practice Act and the patient to whom it renders professional services, as well as between such patients and licensed physicians and surgeons employed by such corporation to render services to such patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.

SEC. 106.

 Section 1014 of the Evidence Code is amended to read:

1014.
 Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claimed by:
(a)   The holder of the privilege.  
(b)   A person who is authorized to claim the privilege by the holder of the privilege.  
(c)   The person who was the psychotherapist at the time of the confidential communication, but the such  person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.  
The relationship of a psychotherapist and patient shall exist between a psychological corporation as defined in Article 9 (commencing with Section 2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a marriage and family therapist marriage, family, and child counseling  corporation as defined in Article 6 (commencing with Section 4987.5) of Chapter 13 of Division 2 of the Business and Professions Code, or  a licensed clinical social workers corporation as defined in Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the Business and Professions Code, or a professional clinical counselor corporation as defined in Article 7 (commencing with Section 4999.123) of Chapter 16 of Division 2 of the Business and Professions Code, and  and  the patient to whom it renders professional services, as well as between those patients and psychotherapists employed by those corporations to render services to those patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, associations  and other groups and entities.

SEC. 107.

 Section 105 of the Family Code is amended to read:

105.
 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

SEC. 108.

 Section 18 of the Financial Code is amended to read:

18.
 “Person” includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind.

SEC. 109.

 Section 113 of the Financial Code is amended to read:

113.
 “Industrial banking business” includes the making of loans and acceptance of deposits, including deposits evidenced by investment or thrift certificates, but excluding demand deposits. “Person” means an individual, sole proprietorship, partnership, joint venture, association, trust, estate, business trust, corporation, limited liability company, sovereign government or agency, instrumentality, or political subdivision thereof, or any similar entity or organization. 

SEC. 110.

 Section 700 of the Financial Code is amended to read:

700.
 Unless the context otherwise requires, in this article:
(a)  “Bank” means a bank organized under the laws of this state.
(b)  “Control” means possession, direct or indirect, of the power:
(1)  To vote 25 percent or more of any class of the voting securities issued by a person; or
Whenever (2)   any licensee is being liquidated or whenever the trust business of any licensee has been discontinued and the licensee has in its possession money or other property held by it in trust or for safekeeping and the beneficiaries or persons entitled thereto are unknown or cannot be found, the commissioner or the licensee, upon obtaining approval of the superior court of the county in which the liquidation proceedings are pending or in which the head office of the licensee is situated, may do the following: 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; provided, however, that no individual shall be deemed to control a person solely on account of being a director, officer, or employee of such person.  
For purposes of paragraph (2) of this subdivision, a person who, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the then outstanding voting securities issued by another person is presumed to control such other person.
For purposes of this article, the superintendent may determine whether a person in fact controls another person.
(c)  “Controlling person” means a person who, directly or indirectly, controls a bank.
(d)  “Person” means an individual, a corporation, an association, a syndicate, a partnership, a limited liability company, a business trust, an estate, a trust, or an organization of any kind, or any combination of any of the foregoing acting in concert.
(e)  “Shareholder” means:
(1)  In the case of a corporation, a holder of a share of any class or series.
(2)  In the case of a nonprofit or charitable corporation, an unincorporated association, or a syndicate, a member.
(3)  In the case of a partnership, a partner.
(a) (4)   In the case of money, deliver it to the Treasurer. a business trust, an estate, or a trust, a holder of a beneficial interest.  
(b) (5)   In the case of other property, deliver it to the Controller for deposit in the State Treasury. an organization of any other kind, a holder of an ownership interest.  

SEC. 111.

 Section 1755 of the Financial Code is amended to read:

1755.
 Fees shall be paid to, and collected by, the commissioner, as follows:
(a) The   fee for filing with the commissioner an application by a  A  foreign (other nation) bank that which  is not licensed to transact business in this state for approval to establish a branch office shall be two thousand dollars ($2,000). licensed to maintain an agency or branch office may transact commercial banking business at such office, subject to the following:  
(1)  In case the office is a nondepositary agency, the bank shall not transact the business of accepting deposits.
(2)  In case the office is a depositary agency, the bank shall not transact the business of accepting any deposits other than deposits of (A) a foreign nation, (B) an agency or instrumentality of a foreign nation, or (C) a person which resides, is domiciled, and maintains its principal place of business in a foreign nation. For purposes of this paragraph “person” means any individual, proprietorship, joint venture, partnership, trust, business trust, syndicate, association, joint stock company, corporation, limited liability company, or any other organization or any branch or division thereof.
(3)  In case the office is a limited branch office, the bank shall not transact the business of accepting any deposits other than (A) deposits of the kind described in paragraph (2), or (B) deposits which the bank is permitted to accept pursuant to the agreement or undertaking that it enters into with the Board of Governors of the Federal Reserve System in accordance with Section 5(a)(2)(B) of the International Banking Act of 1978.
(b) (4)  The   fee for filing with the commissioner an application by a foreign (other nation) bank that is not licensed to transact business in this state for approval to establish an agency shall be one thousand five hundred dollars ($1,500). In case the office is a wholesale branch office, the bank shall not transact the business of accepting any deposits other than (A) deposits of the kind described in paragraph (2), (B) deposits of one hundred thousand dollars ($100,000) or more, or (C) deposits the acceptance of which the superintendent determines by regulation or order do not constitute engaging in domestic retail deposit activities requiring deposit insurance protection.  
(c) (5)  The   fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to transact business in this state for approval to establish a branch office shall be one thousand dollars ($1,000). In case the office is an agency, limited branch office, or wholesale branch office, the bank may, subject to such regulations as the superintendent may prescribe, maintain credit balances.  
(d) (6)  The   fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to transact business in this state for approval to establish an agency shall be seven hundred fifty dollars ($750). In any case, the bank shall not transact any business which it is not authorized to transact or is prohibited from transacting under the laws of its domicile or which commercial banks organized under the laws of this state are not authorized to transact or are prohibited from transacting.  
(e) The fee for filing with the commissioner an application by a foreign (other nation) bank for approval to establish a representative office shall be two hundred fifty dollars ($250).
(f) (b)  The   fee for filing with the commissioner an application by a  No  foreign (other nation) bank that which  is licensed to maintain an agency or branch office for approval to relocate or to close the office shall be two hundred fifty dollars ($250). shall transact any trust business at such office except as permitted under Section 1503.  
(g) The fee for filing with the commissioner an application by a foreign (other nation) bank that is licensed to maintain a representative office for approval to relocate or to close the representative office shall be one hundred dollars ($100).
(h) The fee for issuing a license shall be twenty-five dollars ($25).
(i) Each foreign (other nation) bank that on June 1st of any year is licensed to maintain a representative office but is not licensed to transact business in this state shall pay, on or before the following July 1st, a fee of two hundred fifty dollars ($250) for each such representative office.

SEC. 112.

 Section 1852 of the Financial Code is amended to read:

1852.
 Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter:
(a)  “Agent” means any person authorized by a licensee to sell travelers checks in this state on behalf of such licensee.
(b)  “Business day” means any day other than Saturday, Sunday or any other day which is specified or provided for as a holiday in the Government Code.
(c)  “Eligible security” has the meaning set forth in subdivision (a) of Section 1876.1.
(d)  (1)  “Foreign currency” means any currency other than United States currency.
(2)  “Foreign currency,” when used with respect to any travelers check, means a travelers check which is denominated in a foreign currency.
(e)  “Licensee” means a person duly licensed by the superintendent pursuant to this chapter to issue travelers checks.
(f)  “Outstanding travelers checks” means travelers checks sold in the United States and reported to licensee.
(g)  (1)  “Payment instrument” means:
(A)  Any instrument (whether or not negotiable) for the transmission or payment of money which is designated on its face by the term “money order” or by any substantially similar term; or
(B)  Any check, draft, or other instrument (whether or not negotiable) for the transmission or payment of money, if sold to a natural person and payable on demand.
(2)  Notwithstanding the provisions of subparagraph (B) of paragraph (1) of this subdivision, “payment instrument” does not include:
(A)  Any travelers check;
(B)  Any credit card voucher;
(C)  Any letter of credit; or
(D)  Any instrument which is redeemable by the issuer in goods or services.
(h)  “Person” means any individual, partnership, unincorporated association, limited liability company, or corporation.
(i)  “Superintendent” means the Superintendent of Banks.
(j)  “Travelers check” means an instrument for the payment of money which:
(1)  Is designated on its face by the term “travelers check” or by any substantially similar term or is commonly known and marketed as a travelers check by a corporation licensed as an issuer of travelers checks in this state on or prior to January 1, 1978, and not also by the term “money order” or by any substantially similar term;
(2)  (A)  If issued in United States currency, is in the sum of ten dollars ($10) or a whole multiple thereof, if less than one hundred dollars ($100), or in the sum of one hundred dollars ($100) or a whole multiple thereof;
(B)  If issued in any foreign currency, is in an even denomination of such currency;
(3)  Contains a provision for a specimen signature of the purchaser to be completed at the time of purchase, and
(4)  Contains a provision for a countersignature of the purchaser to be completed at the time of negotiation.
When (k)   authorized by the previous written consent of the commissioner as provided by Chapter 3 (commencing with Section 1040) one or more persons may organize a corporation. “United States currency”, when used with respect to any travelers check, means a travelers check which is denominated in United States currency.  

SEC. 113.

 Section 5113 of the Financial Code is amended to read:

5113.
 “Person” means any individual, domestic, or foreign corporation, entity, voting trust, business trust, partnership, limited liability company, association, syndicate, organized group of persons, or similar organization, group or entity, whether incorporated or not.

SEC. 114.

 Section 17002.5 of the Financial Code is amended to read:

17002.5.
 “Person” means, in addition to the singular, persons, group of persons, co-operative, association, company, firm, partnership, corporation, limited liability company, or other legal entity.

SEC. 115.

 Section 22008.1 of the Financial Code is amended to read:

22008.1.
 “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government.

SEC. 116.

 Section 24008.1 of the Financial Code is amended to read:

24008.1.
 “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government.

SEC. 117.

 Section 26008.1 of the Financial Code is amended to read:

26008.1.
 “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government.

SEC. 118.

 Section 30003 of the Financial Code is amended to read:

30003.
 “Person” means, in addition to the singular, persons, group of persons, cooperative, association, company, firm, partnership, corporation, limited liability company, or other legal entity.

SEC. 119.

 Section 31048 of the Financial Code is amended to read:

31048.
 “Person” means any natural person, proprietorship, joint venture, partnership, trust, business trust, syndicate, association, joint stock company, corporation, limited liability company, government, agency of any government, or any other organization; provided, however, that “person”, when used with respect to acquiring control of or controlling a specified person, includes any combination of two or more persons acting in concert.

SEC. 120.

 Section 33061 of the Financial Code is amended to read:

33061.
 “Person” means any natural person, proprietorship, joint venture, partnership, trust, business trust, syndicate, association, joint stock company, corporation, limited liability company, government, agency of any government, or any other organization; provided, however, that “person”, when used with respect to acquiring control of or controlling a specified person, includes any combination of two or more persons acting in concert.

SEC. 121.

 Section 67 of the Fish and Game Code is amended to read:

67.
 “Person” means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.

SEC. 122.

 Section 711.2 of the Fish and Game Code is amended to read:

711.2.
 (a)   For purposes of this code, article,  unless the context otherwise requires, “wildlife” means and includes all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability and  “project” has the same meaning as defined in Section 21065 of the Public Resources Code.  
(b)   For purposes of this article, “person” includes any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city,  county, city and county, city,  town, the state, and any of the agencies of those entities.  

SEC. 123.

 Section 7690 of the Fish and Game Code is amended to read:

7690.
 (a)   Any person engaged in the business of licensed commercial fishing may enter into an arrangement with other authorized persons for the pooling of funds to pay claims or losses arising out of loss or damage to a vessel or machinery used in the business of commercial fishing and owned by a member of the pool.  
A pool established pursuant to this section is not, and shall not be, subject to the Insurance Code and is not a member of the California Insurance Guarantee Association under Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
(b)   The pool established pursuant to this section shall have initial pooled resources of not less than two hundred fifty thousand dollars ($250,000) and the pool shall operate under generally acceptable accounting principles.  
(c)   All participating persons in any pool established pursuant to this section shall agree to pay premiums or make other mandatory financial contributions or commitments necessary to ensure a financially sound risk pool.  
(d)   For the purpose of this section, “person engaged in the business of licensed commercial fishing” and “authorized person” mean any natural person, partnership, corporation, limited liability company, or other person or entity engaged in the business of fishing for commercial purposes for which that person or its agents or employees are required to be licensed.  

SEC. 124.

 Section 7850 of the Fish and Game Code is amended to read:

7850.
 (a)   Excepting persons expressly exempted under this code, no person shall use or operate, or assist in using or operating, any boat, aircraft, net, trap, line, or other appliance to take fish or amphibia for commercial purposes, and no person shall cause to be brought ashore, any fish or amphibia at any point in the state for the purpose of selling them in a fresh state or shall contribute materially to the activities on board the commercial fishing vessel, unless the person holds a commercial fishing license issued by the department.
(b)   Any person not required under subdivision (a) to hold a commercial fishing license shall register his or her presence on board the commercial fishing vessel in a log maintained by the owner or operator of the vessel according to the requirements of the department.
(c)   As used in this section, “person” does not include persons who are less than 16 years of age, a partnership, corporation, or association. Any person, partnership, corporation, limited liability company, or association may pay the fees for a license issued to any person.  
(d)   This article does not apply to the taking, transporting, or selling of live freshwater fish for bait by the holder of a live freshwater bait fish license issued pursuant to Section 8460.  

SEC. 125.

 Section 38 of the Food and Agricultural Code is amended to read:

38.
 “Person” means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.

SEC. 126.

 Section 14554 of the Food and Agricultural Code is amended to read:

14554.
 “Person” means individual, partnership, association, firm, limited liability company, or corporation who assumes responsibility for the product.

SEC. 127.

 Section 14937 of the Food and Agricultural Code is amended to read:

14937.
 “Person” means any individual, corporation, partnership, limited liability company, trust, association, cooperative association, or any other business unit or organization.

SEC. 128.

 Section 18672 of the Food and Agricultural Code is amended to read:

18672.
 “Person” includes any individual, partnership, corporation, limited liability company, association, or other business unit, and any officer, agent, or employee thereof.

SEC. 129.

 Section 61313 of the Food and Agricultural Code is amended to read:

61313.
 “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit or organization.

SEC. 130.

 Section 61834 of the Food and Agricultural Code is amended to read:

61834.
 “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit or organization.

SEC. 131.

 Section 64013 of the Food and Agricultural Code is amended to read:

64013.
 “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.

SEC. 132.

 Section 64506 of the Food and Agricultural Code is amended to read:

64506.
 “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.

SEC. 133.

 Section 77527 of the Food and Agricultural Code is amended to read:

77527.
 “Person” means an individual, partnership, corporation, limited liability company, firm, company, or other entity doing business in California.

SEC. 134.

 Section 17 of the Government Code is amended to read:

17.
 “Person” includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.

SEC. 135.

 Section 4217.11 of the Government Code is amended to read:

4217.11.
 The following terms, whenever used in this chapter, have the meanings given in this section, except where the context clearly indicates otherwise:  
(a)   “Alternate energy equipment” means equipment for the production or conversion of energy from alternate sources as its primary fuel source, such as solar, biomass, wind, geothermal, hydroelectricity under 30 megawatts, remote natural gas of less than one billion cubic feet estimated reserves per mile from an existing gas gathering line, natural gas containing 850 or fewer British Thermal Units per standard cubic foot, or any other source of energy, the efficient use of which will reduce the use of fossil or nuclear fuels.  
(b)   “Cogeneration equipment” means equipment for cogeneration, as defined in Section 216.6 218.5  of the Public Utilities Code.  
(c)   “Conservation measures” means equipment, maintenance, load management techniques and equipment, or other measures to reduce energy use or make for a more efficient use of energy.  
(d)   “Conservation services” means the electrical, thermal, or other energy savings resulting from conservation measures, which shall be treated as a supply of such energy.  
(e)   “Energy conservation facility” means alternate energy equipment, cogeneration equipment, or conservation measures located in public buildings or on land owned by public agencies.  
(f)   “Energy service contract” means a contract entered into by a public agency with any person, pursuant to which the person will provide electrical or thermal energy or conservation services to a public agency from an energy conservation facility.  
(g)   “Facility financing contract” means a contract entered into by a public agency with any person whereby the person provides financing for an energy conservation facility in exchange for repayment of the financing and all costs and expenses related thereto by the public agency. A facility financing contract may provide for the person with whom the public agency contracts to provide any combination of feasibility studies for, and design and construction of, all or part of the energy conservation facility in addition to the financing and other related services, and may provide for an installment sale purchase, another form of purchase, or amortized lease of the energy conservation facility by the public agency.  
(h)   “Facility ground lease” means a lease of all, or any portion of, land or a public building owned by, or under lease to, a public agency to a person in conjunction with an energy service contract or a facility financing contract. A facility ground lease may include, in addition to the land on which energy conservation facilities will be located, easements, rights-of-way, licenses, and rights of access, for the construction, use, or ownership by the person of the facility and all related utility lines not owned or controlled by the interconnecting utility, and offsite improvements related thereto. A facility ground lease may also include the addition or improvement of utility lines and equipment owned by the interconnecting utility which are necessary to permit interconnection between that utility and an energy conservation facility.  
(i)   “Person” means, but is not limited to, any individual, company, corporation, partnership, limited liability company, public agency, state agency,  association, proprietorship, trust, joint venture, or other entity or group of entities.  
(j)   “Public agency” means the state,  a county, city and county, city, district, community college district, school district, joint powers authority or other entity designated or created by a political subdivision relating to energy development projects, and any other political subdivision or public corporation in the state. state, except the State of California, the California State University, and the University of California.  
(k)   “Public building” includes any structure, building, facility, or work which a public agency is authorized to construct or use, and automobile parking lots, landscaping, and other facilities, including furnishings and equipment, incidental to the use of any structure, building, facility, or work, and also includes the site thereof, and any easements, rights-of-way appurtenant thereto, or necessary for its full use.  

SEC. 136.

 Section 6252 of the Government Code is amended to read:

6252.
 As used in this chapter:
(a)  “State agency” means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(a) (b)   “Local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952. nonprofit organizations of local governmental agencies and officials which are supported solely by public funds.  
(b) “Member of the public” means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment.
(c)   “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.  
(d) “Public agency” means any state or local agency.
(e) (d)   “Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. “Public records” in the custody of, or maintained by, the Governor’s office means any writing prepared on or after January 6, 1975.  
(f) (1) “State agency” means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(2) Notwithstanding paragraph (1) or any other law, “state agency” shall also mean the State Bar of California, as described in Section 6001 of the Business and Professions Code.
(g) (e)   “Writing” means any  handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile,  and every other means of recording upon any tangible thing any  form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.  
(f)  “Member of the public” means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment.

SEC. 137.

 Section 7260 of the Government Code is amended to read:

7260.
 As used in this chapter:
(a)   “Public entity” includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state or any entity acting on behalf of these agencies when acquiring real property, or any interest therein, in any city or county for public use, use  and any person who has the authority to acquire property by eminent domain under state law.  
(b)   “Person” means any individual, partnership, corporation, limited liability company, or association.  
(c)   (1)   “Displaced person” means both of the following:  
(A)   Any person who moves from real property, or who moves his or her personal property from real property, either:  
(i)   As a direct result of a written notice of intent to acquire, acquire  or the acquisition of, of  the real property, in whole or in part, for a program or project undertaken by a public entity or by any person having an agreement with, with  or acting on behalf of, of  a public entity.  
(ii)   As a direct result of the rehabilitation, demolition, or other displacing activity, activity  as the public entity may prescribe under a program or project undertaken by a public entity, of real property on which the person is a residential tenant or conducts a business or farm operation, if  in any case in which  the public entity determines that the displacement is permanent. For purposes of this subparagraph, “residential tenant” includes any occupant of a residential hotel unit, as defined in subdivision (b) of Section 50669 of the Health and Safety Code, and any occupant of employee housing, as defined in Section 17008 of the Health and Safety Code, but does shall  not include any person who has been determined to be in unlawful occupancy of the displacement dwelling.  
(B)   Solely for the purposes of Sections 7261 and 7262, any person who moves from real property, or moves his or her personal property from real property, either:  
(i)   As a direct result of a written notice of intent to acquire, acquire  or the acquisition of, of  other real property, in whole or in part, on which the person conducts a business or farm operation operation,  for a program or project undertaken by a public entity.  
(ii)   As a direct result of the rehabilitation, demolition, or other displacing activity as the public entity may prescribe under a program or project undertaken by a public entity, of other real property on which the person conducts a business or farm operation, in any case in which the public entity determines that the displacement is permanent.  
(2)   This  The definition contained in this  subdivision shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for, for  or in connection with, with  a public use where the public entity is otherwise empowered to acquire the property to carry out the public use. Except persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing which was made available to them on a permanent basis by a public agency and who are required to move from the housing, a “displaced person” shall not include any of the following:  
(3) Except for persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing that was made available to them on a permanent basis by a public agency and who are required to move from the housing, a “displaced person” shall not include any of the following:
(A)   Any person who has been determined to be in unlawful occupancy of the displacement dwellings.  
(B)   Any person whose right of possession at the time of moving arose after the date of the public entity’s acquisition of the real property.  
(C)   Any person who has occupied the real property for the purpose of obtaining assistance under this chapter.  
(D)   In any case in which the public entity acquires property for a program or project (other than a person who was an occupant of the property at the time it was acquired), any person who occupies the property for a period subject to termination when the property is needed for the program or project.  
(E) (3)   Any (A)   person who donates or willingly sells his or her property for the purposes of protecting fish and wildlife habitat, providing recreational areas, or preserving cultural or agricultural resources and open space, or any person who occupies that property on a rental basis. This subparagraph does not apply when a sale is in response to an eminent domain proceeding. Notwithstanding Section 7265.3 or any other provision of law, a person who is temporarily displaced for not more than 180 days, and who is offered occupancy of a comparable replacement unit located within the same apartment complex that contains the unit from which he or she has been displaced, shall not be deemed a “displaced person” for the purposes of this chapter. This paragraph shall be applicable only if all of the following conditions are complied with:  
(i)  All other financial benefits and services otherwise required under this chapter are provided to the tenants temporarily displaced from their units.
(ii)  The resident is offered the right to return to his or her original unit, with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent at the time of displacement; or up to 25 percent of household income.
(iii)  The temporary unit is not unreasonably impacted by the effects of the construction, taking into consideration the ages and physical conditions of the members of the displaced household, and the estimated period of displacement is reasonable.
(iv)  The property is a qualified affordable housing preservation project.
(B)  For the purposes of this paragraph:
(i)  “Apartment complex” means four or more residential rental units subject to common ownership and financing that are also located on the same or contiguous parcels.
(ii)  “Qualified affordable housing preservation project” is any complex of four or more units whose owners enter into a recorded regulatory agreement, having a term for the useful life of the project, with any entity for the provision of project rehabilitation financing. For this purpose, the regulatory agreement shall require of the owner and all successors and assigns of the owner, as long as the regulatory agreement is in effect, that at least 49 percent of the tenants in the project shall have, at the time of the recordation of the regulatory agreement required by this section, incomes not in excess of 60 percent of the area median income, adjusted by household size, as determined by the appropriate agency of the State of California. In addition, a project shall be defined as a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement.
(d)   “Business” means any lawful activity, except a farm operation, conducted for any of the following:  
(1)   Primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property.  
(2)   Primarily for the sale of services to the public.  
(3)   Primarily by a nonprofit organization.  
(4)   Solely for the purpose of Section 7262 for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted.  
(e)   “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.  
(f)   “Affected property” means any real property that which  actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity.  
(g)   “Public use” means a use for which real property may be acquired by eminent domain.  
(h)   “Mortgage” means classes of liens that are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby.  
(i)   “Comparable replacement dwelling” means any dwelling that is all of the following:  
(1)   Decent, safe, and sanitary.  
(2)   Adequate in size to accommodate the occupants.  
(3)   In the case of a displaced person who is a renter, within the financial means of the displaced person. A comparable replacement dwelling is within the financial means of a displaced person if the monthly rental cost of the dwelling, including estimated average monthly utility costs,  dwelling  minus any replacement housing payment available to the person, person  does not exceed 30 percent of the person’s average monthly income, unless the displaced person meets one or more of the following conditions, in which case the payment of the monthly rental cost of the comparable replacement dwelling, including estimated average monthly utility costs, minus any replacement housing payment available to the person, shall not exceed  25 percent of the person’s average monthly income: income.  
(A) Prior to January 1, 1998, the displaced person received a notice to vacate from a public entity, or from a person having an agreement with a public entity.
(B) The displaced person resides on property that was acquired by a public entity, or by a person having an agreement with a public entity, prior to January 1, 1998.
(C) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, initiated negotiations to acquire the property on which the displaced person resides.
(D) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, entered into an agreement to acquire the property on which the displaced person resides.
(E) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, gave written notice of intent to acquire the property on which the displaced person resides.
(F) The displaced person is covered by, or resides in an area or project covered by, a final relocation plan that was adopted by the legislative body prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter.
(G) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was required to have been submitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice was required to have been provided to occupants of the property prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter.
(H) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was submitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice was provided to the public or to occupants of the property prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter, and the person is eventually displaced by the project covered in the proposed relocation plan.
(I) The displaced person resides on property for which a contract for acquisition, rehabilitation, demolition, construction, or other displacing activity was entered into by a public entity, or by a person having an agreement with a public entity, prior to January 1, 1998.
(J) The displaced person resides on property where an owner participation agreement, or other agreement between a public entity and a private party that will result in the acquisition, rehabilitation, demolition, or development of the property or other displacement, was entered into prior to January 1, 1998, and the displaced person resides in the property at the time of the agreement, provides information to the public entity, or person having an agreement with the public entity, showing that he or she did reside in the property at the time of the agreement and is eventually displaced by the project covered in the agreement.
(4)   Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, feature-by-feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present.  
(5)   In an area not subject to unreasonable adverse environmental conditions.  
(6)   In a location generally not less desirable than the location of the displaced person’s persons  dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.  
(j)   “Displacing agency” means any public entity or person carrying out a program or project which causes a person to be a displaced person for a public project.  
(k)   “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.  
(  l)   “Small business” means a business as defined in Part 24 of Title 49 of the Code of Federal Regulations.  
(m)   “Lead agency” means the Department of Housing and Community Development.  

SEC. 138.

 Section 7465 of the Government Code is amended to read:

7465.
 For the purposes of this chapter:
(a)   The term “financial institution” includes state and national banks, state and federal savings and loan  associations, trust companies, industrial loan companies, and state and federal credit unions. Such term shall not include a title insurer while engaging in the conduct of the “business of title insurance” as defined by Section 12340.3 of the Insurance Code, an underwritten title company, or an escrow company.  
(b)   The term “financial records” means any original or any copy of any record or document held by a financial institution pertaining to a customer of the financial institution.  
(c)   The term “person” means an individual, partnership, corporation, limited liability company, association, trust, trust  or any other legal entity.  
(d)   The term “customer” means any person who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary.  
(e)   The term “state agency” means every state office, officer, department, division, bureau, board, and commission or other state agency, including the Legislature.  
(f)   The term “local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; or other local public agency.  
(g)   The term “supervisory agency” means any of the following:  
(1)   The Department of Business Oversight. State Banking Department.  
(2)   The Controller. Department of Savings and Loan.  
(3)  The Department of Corporations.
(4)  The State Controller.
(3) (5)   The Administrator of Local Agency Security.  
(4) (6)   The Bureau Department  of Real Estate.  
(5) (7)   The Department of Insurance.  
(h)   The term “investigation” includes, but is not limited to, any inquiry by a peace officer, sheriff, or district attorney, or any inquiry made for the purpose of determining whether there has been a violation of any law enforceable by imprisonment, fine, or monetary liability.  
(i)   The term “subpoena” includes subpoena duces tecum.  

SEC. 139.

 Section 9072 of the Government Code is amended to read:

9072.
 As used in this article:
(a)   “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.  
(b)   “Legislature” includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.  
(c)   “Legislative records” means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the public’s business prepared, owned, used, or retained by the Legislature.  
(d)   “Writing” means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.  

SEC. 140.

 Section 12604 of the Government Code is amended to read:

12604.
 As used in this article, “person” includes any person, firm, association, organization, partnership, business trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities.

SEC. 141.

 Section 12650 of the Government Code is amended to read:

12650.
 (a) This article shall be known and may be cited as the False Claims Act.
(b)  For purposes of this article:
(1) (a)   “Claim” means includes  any request or demand, whether under a contract or otherwise,  demand  for money, property, or services, and whether or not  services made to any employee, officer, or agent of  the state or a political subdivision has title to  of any political subdivision, or to any contractor, grantee, or other recipient, whether under contract or not, if any portion of  the money, property, or services that meets either of the following conditions: requested or demanded issued from, or was provided by, the state (hereinafter “state funds”) or by any political subdivision thereof (hereinafter “political subdivision funds”).  
(A) Is presented to an officer, employee, or agent of the state or of a political subdivision.
(B) Is made to a contractor, grantee, or other recipient, if the money, property, or service is to be spent or used on a state or any political subdivision’s behalf or to advance a state or political subdivision’s program or interest, and if the state or political subdivision meets either of the following conditions:
(i) Provides or has provided any portion of the money, property, or service requested or demanded.
(ii) Reimburses the contractor, grantee, or other recipient for any portion of the money, property, or service that is requested or demanded.
(2) “Claim” does not include requests or demands for money, property, or services that the state or a political subdivision has paid to an individual as compensation for employment with the state or political subdivision or as an income subsidy with no restrictions on that individual’s use of the money, property, or services.
(3) (b)   “Knowing” and “knowingly” mean that a person, with respect to information, does any of the following:  
(A) (1)   Has actual knowledge of the information.  
(B) (2)   Acts in deliberate ignorance of the truth or falsity of the information.  
(C) (3)   Acts in reckless disregard of the truth or falsity of the information.  
Proof of specific intent to defraud is not required.
(4) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money, property, or services.
(5) “Obligation” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
(6) (c)   “Political subdivision” includes any city, city and county, county, tax or assessment district, or other legally authorized local governmental entity with jurisdictional boundaries.  
(7) “Political subdivision funds” means funds that are the subject of a claim.
(8) (d)   “Prosecuting authority” refers to the county counsel, city attorney, or other local government official charged with investigating, filing, and conducting civil legal proceedings on behalf of, or in the name of, a particular political subdivision.  
(9) (e)   “Person” includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business, or trust.  
(10) “State funds” mean funds that are the subject of a claim.

SEC. 142.

 Section 12925 of the Government Code is amended to read:

12925.
 As used in this part, unless a different meaning clearly appears from the context:
(a)   “Council” “Commission”  means the Fair Employment and Housing Council Commission  and “council member”  “commissioner”  means a member of the council. commission.  
(b)   “Department” means the Department of Fair Employment and Housing.  
(c)   “Director” means the Director of Fair Employment and Housing.  
(d)   “Person” includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries.  

SEC. 143.

 Section 50568 of the Government Code is amended to read:

50568.
 Unless the context otherwise requires, the following definitions govern the construction of this article:
(a)   “Persons and families of low or moderate income” means persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code.  
(b)   “Limited dividend housing corporation” means any joint venture, partnership, limited partnership, trust, limited liability company, or corporation organized or existing under the laws of this state or authorized to do business in this state and subject to the restrictions of Division 24 (commencing with Section 33000) of the Health and Safety Code.  
(c)   “Housing corporation” means a corporation organized pursuant to the Community Land Chest Law (Chapter 2 (commencing with Section 35100) of Part 3 of Division 24 of the Health and Safety Code).  
(d)   “Nonprofit corporation” means a nonprofit corporation formed under or subject to the provisions of Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code and whose articles of incorporation provide that the corporation has been organized exclusively to provide housing facilities for persons and families of low or moderate income.  

SEC. 144.

 Section 82047 of the Government Code is amended to read:

82047.
 “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

SEC. 145.

 Section 85102 of the Government Code is amended to read:

85102.
 The following terms as used in this chapter have the following meanings:
(a)  “Fiscal year” means July 1 through June 30.
(b)  “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and labor organization.
(c)  “Political committee” means a committee of persons who receive contributions from two or more persons and acting in concert makes contributions to candidates.
(d)  “Broad based political committee” means a committee of persons which has been in existence for more than six months, receives contributions from one hundred or more persons, and acting in concert makes contributions to five or more candidates.
(e)  “Public moneys” has the same meaning as defined in Section 426 of the Penal Code.

SEC. 146.

 Section 19 of the Harbors and Navigation Code is amended to read:

19.
 “Person” means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.

SEC. 147.

 Section 293 of the Harbors and Navigation Code is amended to read:

293.
 Where damage arises out of, or is caused directly and proximately by, the acts of an owner or operator, without the interposition of any external or independent agency which could not reasonably be foreseen, any owner or operator of any vessel engaged in the commercial transportation, storage in a vessel, or transfer of petroleum, fuel oil, or hazardous substances shall be absolutely liable without regard to fault for any property damage incurred by the state or by any county, city or district, or by any person, within the state, and for any damage or injury to the natural resources of the state, including, but not limited to, marine and wildlife resources, caused by the discharge or leakage of petroleum, fuel oil, or hazardous substances from such vessel into or upon the navigable waters of the state.
As used in this section, “owner or operator” means any person owning or operating, or chartering by demise, such vessel; “person” means an individual, firm, corporation, limited liability company, association, or partnership; and “navigable waters of the state” means all portions of the sea within the territorial jurisdiction of the state and all inland waters navigable in fact.
As used in this section, “hazardous substance” means any substance designated as such pursuant to paragraph (2) of subdivision (b) of Section 1321 of Title 33 of the United States Code.
This section shall be known and may be cited as the Miller Anti-Pollution Act of 1971.

SEC. 148.

 Section 294 of the Harbors and Navigation Code is amended to read:

294.
 (a)   Any person responsible for natural gas, oil, drilling waste, or exploration, as defined in paragraph (4) of subdivision (g), shall be absolutely liable without regard to fault for any damages incurred by any injured party which arise out of, or are caused by, the discharge or leaking of natural gas, oil, or drilling waste into or onto marine waters, or by any exploration in or upon marine waters, from any of the following sources:  
(1)   Any offshore well or undersea site at which there is exploration for or extraction or recovery of natural gas or oil.  
(2)   Any offshore facility, oil rig, or oil platform at which there is exploration for, or extraction, recovery, processing, or storage of, natural gas or oil.  
(3)   Any vessel offshore in which natural gas, oil, or drilling waste is transported, processed, or stored.  
(4)   Any pipeline located offshore in which natural gas, oil, or drilling waste is transported.  
(b)   A responsible person is not liable to an injured party under this section for any of the following:  
(1)   Damages, other than costs of removal incurred by the state or a local government, caused solely by any act of war, hostilities, civil war, or insurrection or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character, which could not have been prevented or avoided by the exercise of due care or foresight.  
(2)   Damages caused solely by the negligence or intentional malfeasance of that injured party.  
(3)   Damages caused solely by the criminal act of a third party other than the defendant or an agent or employee of the defendant.  
(4)   Natural seepage not caused by a responsible party.  
(5)   Discharge or leaking of oil or natural gas from a private pleasure boat or vessel.  
(6)   Damages which arise out of, or are caused by, a discharge which is authorized by a state or federal permit.  
(c)   Upon motion and sufficient showing by a person deemed to be responsible under this section, the court shall join to the action any other person who may be responsible under this section.  
(d)   In determining whether a party is a responsible person under this section, the court shall consider the results of any chemical or other scientific tests conducted to determine whether oil or other substances produced, discharged, or controlled by the defendant matches the oil or other substance which caused the damage to the injured party. The defendant shall have the burden of producing the results of tests of samples of the substance which caused the injury and of substances for which the defendant is responsible, unless it is not possible to conduct the tests because of unavailability of samples to test or because the substance is not one for which reliable tests have been developed. At the request of any party, any other party shall provide samples of oil or other substances within its possession or control for testing.  
(e)   The court may award reasonable costs of the suit, attorneys’ fees, and the costs of any necessary expert witnesses, to any prevailing plaintiff. The court may award reasonable costs of the suit and attorneys’ fees to any prevailing defendant if the court finds that the plaintiff commenced or prosecuted the suit under this section in bad faith or solely for purposes of harassing the defendant.  
(f)   This section does not prohibit any person from bringing an action for damages caused by natural gas, oil, or drilling waste, or by exploration, under any other provision or principle of law, including, but not limited to, common law. However, damages shall not be awarded pursuant to this section to an injured party for any loss or injury for which the party is or has been awarded damages under any other provision or principle of law. Subdivision (b) does not create any defense not otherwise available regarding any action brought under any other provision or principle of law, including, but not limited to, common law.  
(g)   As used in this section, the following definitions apply:  
(1)   “Damages” are damages for any of the following:  
(A)   Injury or harm to real or personal property.  
(B)   Business loss, including loss of income.  
(C)   Costs of cleanup, removal, or treatment of natural gas, oil, or drilling waste.  
(D)   Cost of wildlife rehabilitation.  
(E)   When the injured party is the state, or a city, county, or district, in addition to any injury described in subparagraphs (A) to (D), inclusive, damages include all of the following:  
(i)   Injury to natural resources or wildlife, and loss of use and enjoyment of public beaches and other public resources or facilities, within the jurisdiction of the state, city, county, or district.  
(ii)   Costs incurred to monitor the cleanup of the natural gas, oil, or drilling waste.  
(iii)   Loss of taxes.  
(iv)   Costs to assess damages to natural resources, wildlife, or habitat.  
(2)   “Injured party” means any person who suffers damages from natural gas, oil, or drilling waste, which is discharged or leaks into marine waters, or from offshore exploration. The state, or a city, county, or district, may be an injured party.  
(3)   “Natural gas” includes natural gas, liquified natural gas, and natural gas byproducts. “Natural gas” does not include natural gas carried in a vessel for use as fuel in that vessel.  
(4)   “Exploration” means boring and soil sampling.  
(5)   “Oil” and “drilling wastes” include, but are not limited to, petroleum, refined or processed petroleum, petroleum byproducts, oil sludge, oil refuse, oil mixed with wastes, and chemicals or other materials used in the exploration, recovery, or processing of oil. “Oil” does not include oil carried in a vessel for use as fuel in that vessel.  
(6)   “Person” means an individual, proprietorship, firm, partnership, joint venture, corporation, limited liability company, or other business entity, or an association or other organization.  
(7)   “Responsible person” means any of the following:  
(A)   The owner or transporter of natural gas, oil, or drilling waste which causes an injury covered by this section.  
(B)   The owner, operator, or lessee of, or person who charters by demise, any offshore well, undersea site, facility, oil rig, oil platform, vessel, or pipeline which is the source of natural gas, oil, drilling waste, or is the source or location of exploration which causes an injury covered by this section.  
“Responsible party” does not include the United States, the state, or any public agency.
(h)   Liability under this section shall be joint and several. However, this section does not bar a cause of action that a responsible party has or would have, by reason of subrogation or otherwise, against any person.  
(i)   Section 3291 of the Civil Code applies to actions brought under this section.  
(j)   This section does not apply to claims for damages for personal injury or wrongful death, and does not limit the right of any person to bring an action for personal injury or wrongful death under any provision or theory of law.  

SEC. 149.

 Section 651 of the Harbors and Navigation Code is amended to read:

651.
 As used in this chapter, unless the context clearly requires a different meaning:
(a)   “Alcohol” means any form or derivative of ethyl alcohol (ethanol).  
(b)   “Alcohol concentration” means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.  
(c)   “Associated equipment” means any of the following, excluding radio equipment: “Chemical test” means a test which analyzes an individual’s breath, blood, or urine, for evidence of drug or alcohol use.  
(d)  “Controlled substance” means controlled substance as defined in Section 11007 of the Health and Safety Code.
(e)  “Department” means the Department of Boating and Waterways.
(f)  “Director” means the Director of Boating and Waterways.
(1) (g)   Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component. “Vessel” includes every description of watercraft used or capable of being used as a means of transportation on water, except either of the following:  
(2) (1)  Any   accessory or equipment for, or appurtenance to, a boat. A seaplane on the water.  
(3) (2)   Any marine safety article, accessory, or equipment intended for use by a person on board a boat. A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled.  
(d) (h)   “Boat” means any vessel that which  is any of the following:  
(1)   Manufactured or used primarily for noncommercial use.  
(2)   Leased, rented, or chartered to another for the latter’s noncommercial use.  
(3)   Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state that are not declared navigable by the United States Coast Guard.  
(4)   Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code.  
(e) “Chemical test” means a test that analyzes an individual’s breath, blood, or urine for evidence of drug or alcohol use.
(f) “Controlled substance” means controlled substance as defined in Section 11007 of the Health and Safety Code.
(g) “Department” means the Department of Boating and Waterways.
(h) “Director” means the Director of Boating and Waterways.
(i) “Drug” means any substance or combination of substances other than alcohol that could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree his or her ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of his or her faculties, using reasonable care, would operate a similar vessel under like conditions.
(j) (i)   “Intoxicant” means any form of alcohol, drug, or combination thereof.  
(k) “Legal owner” is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district, or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
(l) “Manufacturer” means any person engaged in any of the following:
(1) The manufacture, construction, or assembly of boats or associated equipment.
(2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.
(3) The importation into this state for sale of boats, associated equipment, or components thereof.
(m) (j)   “Marine employer” means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel.  
(n) (k)   “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but shall not include a vessel that which  has a valid marine document issued by the United States Coast Guard or any federal agency successor thereto.  
(o) “Operator” means the person on board who is steering the vessel while underway.
(p) (  l)   “Owner” is a person having all the incidents of ownership, including the legal title, of a vessel whether or not that person lends, rents, or pledges the vessel; the person entitled to the possession of a vessel as the purchaser under a conditional sale contract; or the mortgagor of a vessel. “Owner” does not include a person holding legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state or to any county, city, district, or political subdivision of the state under a lease, lease-sale, or rental-purchase agreement that which  grants possession of the vessel to the lessee for a period of 30 consecutive days or more.  
(m)  “Legal owner” is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district, or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
(n)  “Registered owner” is the person registered by the Department of Motor Vehicles as the owner of the vessel.
(o)  “Waters of this state” means any waters within the territorial limits of this state.
(p)  “Person” means an individual, partnership, firm, corporation, limited liability company, association, or other entity, but does not include the United States, the state, or a municipality or subdivision thereof.
(q)  “Operator” means the person on board who is steering the vessel while underway.
(r)  “Undocumented vessel” means any vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or any federal agency successor thereto.
(s)  “Use” means operate, navigate, or employ.
(t)  “State” means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.
(u)  “State of principal use” means the state on which waters a vessel is used or intended to be used most during a calendar year.
(q) (v)   “Passenger” means every person carried on board a vessel other than any of the following:  
(1)   The owner or his or her representative.  
(2)   The operator.  
(3)   Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services.  
(4)   Any guest on board a vessel that which  is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his or her carriage.  
(r) “Person” means an individual, partnership, firm, corporation, limited liability company, association, or other entity, but does not include the United States, the state, or a municipality or subdivision thereof.
(s) (w)   “Personal watercraft” means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. “Associated equipment” means any of the following, excluding radio equipment:  
(t) “Recreational vessel” means a vessel that is being used only for pleasure.
(u) “Registered owner” is the person registered by the Department of Motor Vehicles as the owner of the vessel.
(v) (1)   “Special-use area” means all or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other incompatible uses or activities. Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component.  
(w) (2)  “State”   means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. Any accessory or equipment for, or appurtenance to, a boat.  
(x) (3)  “State   of principal use” means the state on which waters a vessel is used or intended to be used most during a calendar year. Any marine safety article, accessory, or equipment intended for use by a person on board a boat.  
(y) “Undocumented vessel” means any vessel that is not required to have, and does not have, a valid marine document issued by the United States Coast Guard or any federal agency successor thereto.
(z) “Use” means operate, navigate, or employ.
(aa) (x)  “Vessel”   includes every description of a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except either of  “Manufacturer” means any person engaged in any of  the following:  
(1)   A seaplane on the water. The manufacture, construction, or assembly of boats or associated equipment.  
(2)  The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.
(3)  The importation into this state for sale of boats, associated equipment, or components thereof.
(2) (y)   A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. “Drug” means any substance or combination of substances other than alcohol which could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree his or her ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of his or her faculties, using reasonable care, would operate a similar vessel under like conditions.  
(ab) (z)   “Water skis, an aquaplane, or a similar device” includes all forms of water skiing, barefoot skiing, skiing on skim boards, knee boards, or other contrivances, parasailing, ski kiting, or any activity where a person is towed behind or alongside a boat.  
(ac) (aa)   “Waters of this state” means any waters within the territorial limits of this state. “Special-use area” means all or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other incompatible uses or activities.  
(bb)  “Recreational vessel” means a vessel which is being used only for pleasure.
This section shall become operative on January 1, 1992.

SEC. 150.

 Section 773.2 of the Harbors and Navigation Code is amended to read:

773.2.
 As used in this article, the following definitions shall apply: article: 
(a)   “For-hire vessel” means a for-hire vessel as defined in Section 4661 of the Public Utilities Code, irrespective of the number of passengers carried.  
(b)   “Charter boat” means a for-hire vessel operating on navigable water of the state in the coastal zone, zone  as defined in Section 30103 of the Public Resources Code, whether or not the vessel is licensed by the state. However, “charter boat” does not include any boat operating solely within a harbor, as defined in Section 34, or any boat licensed for point-to-point service while operating within the scope of that license.  
(c)   “Operator” means a person owning, controlling, operating, or managing a for-hire vessel.  
(d)   “Charterer” means a person who receives compensation for contracting with an operator to transport three or more passengers.  
(e)   “Coast Guard” means the United States Coast Guard.  
(f)   “Life preserver” means a life preserver approved and certified by the Coast Guard and capable of providing at least 90 percent of factory-rated flotation capacity.  
(g)   “Person” means any individual, firm, partnership, for-profit corporation, nonprofit  not for-profit  corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar entity or representative.  

SEC. 151.

 Section 19 of the Health and Safety Code is amended to read:

19.
 “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.

SEC. 152.

 Section 1170.2 of the Health and Safety Code is amended to read:

1170.2.
 Unless the context otherwise requires, the provisions of this chapter govern the construction of this part. As used in this part:
(a)  “Authority” means the Monterey County Special Health Care Authority.
(b)  “Board” means the Monterey County Special Health Care Authority Board.
(c)  “County” means the County of Monterey.
(d)  “Health care system” means any system established to arrange for the provision of medical services.
(e)  “Public agency” means the United States, the State of California, any political subdivision, county, municipality, district, or agency of the State of California or of the United States and any department, bureau or commission of the State of California or of the United States.
(f)  “Person” means any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of the above, but does not include a public agency.
(g)  “The professional advisory board” means that advisory board to the authority’s board composed of nine health and medical care professionals appointed by the Monterey County Board of Supervisors, five of whom shall be nominated by the Monterey County Medical Society, with at least one to be a member of the Monterey County Chapter of the American Academy of Family Practice, one of whom shall be nominated by Natividad Medical Center, one of whom shall be nominated by the Monterey County Hospital Administrators’ Association, and two of whom shall be nominated by other organizations in the County of Monterey representing other professional health care providers.
(h)  “The community advisory board” means that advisory board to the authority’s board appointed by the Monterey County Board of Supervisors which is comprised of 15 persons who represent community and consumer interests and who do not directly earn their income from the provision of medical or health services.
(i)  For the purposes of this part, the term “medical services or medical benefits” does not include dental care or dental benefits.
(j)  For the purposes of this part, the term “health care” does not include dental care.

SEC. 153.

 Section 1175.2 of the Health and Safety Code is amended to read:

1175.2.
 Unless the context otherwise requires, the provisions of this chapter govern the construction of this part. As used in this part:
(a)  “Authority” means the Santa Barbara Regional Health Authority.
(b)  “Board” means the Santa Barbara Regional Health Authority Board of Directors.
(c)  “County” means the County of Santa Barbara.
(d)  “Health care system” means any system established to arrange for the provision of medical services.
(e)  “Public agency” means the United States, the State of California, any political subdivision, county, municipality, district, or agency of the State of California or of the United States and any department, bureau or commission of the State of California or of the United States.
(f)  “Person” means any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of the above, but does not include a public agency.
(g)  “Professional advisory boards” means the boards appointed by the board of directors of the authority pursuant to its rules which shall consist of a representative cross-section of professional providers of health care services within the county.
(h)  “Community advisory boards” means advisory boards to the authority’s board appointed by the board of directors of the authority which shall consist of persons who represent community and consumer interests and who do not directly earn their income from the provision of medical health services.

SEC. 154.

 Section 1345 of the Health and Safety Code is amended to read:

1345.
 As used in this chapter:
(a)  “Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or by radio, television, or similar communications media, published in connection with the offer or sale of plan contracts.
(b)  “Basic health care services” means all of the following:
(1)  Physician services, including consultation and referral.
(2)  Hospital inpatient services and ambulatory care services.
(3)  Diagnostic laboratory and diagnostic and therapeutic radiologic services.
(4)  Home health services.
(5)  Preventive health services.
(6)  Emergency health care services, including ambulance and ambulance transport  services and out-of-area coverage. “Basic health care services” includes ambulance and ambulance transport services provided through the “911” emergency response system.  
(7)  Hospice care pursuant to Section 1368.2.
(c)  “Enrollee” means a person who is enrolled in a plan and who is a recipient of services from the plan.
(d)  “Evidence of coverage” means any certificate, agreement, contract, brochure, or letter of entitlement issued to a subscriber or enrollee setting forth the coverage to which the subscriber or enrollee is entitled.
(e)  “Group contract” means a contract which by its terms limits the eligibility of subscribers and enrollees to a specified group.
(f)  “Health care service plan” or “specialized health care service plan” means either of the following:
(1) (f)   Any  “Health care service plan” means any  person who undertakes to arrange for the provision of health care services to subscribers or enrollees, or to pay for or to reimburse any part of the cost for those such  services, in return for a prepaid or periodic charge paid by or on behalf of the such  subscribers or enrollees.
(2)  Any person, whether located within or outside of this state, who solicits or contracts with a subscriber or enrollee in this state to pay for or reimburse any part of the cost of, or who undertakes to arrange or arranges for, the provision of health care services that are to be provided wholly or in part in a foreign country in return for a prepaid or periodic charge paid by or on behalf of the subscriber or enrollee.
(g)  “License” means, and “licensed” refers to, a license as a plan pursuant to Section 1353.
(h)  “Out-of-area coverage,” for purposes of paragraph (6) of subdivision (b), means coverage while an enrollee is anywhere outside the service area of the plan, and shall also include coverage for urgently needed services to prevent serious deterioration of an enrollee’s health resulting from unforeseen illness or injury for which treatment cannot be delayed until the enrollee returns to the plan’s service area.
(i) (h)   “Provider” means any professional person, organization, health facility, or other person or institution licensed by the state to deliver or furnish health care services.
(j) (i)   “Person” means any person, individual, firm, association, organization, partnership, business trust, foundation, labor organization, corporation, limited liability company, public agency, or political subdivision of the state.
(k) (j)   “Service area” means a geographical area designated by the plan within which a plan shall provide health care services.
( (k) 
l
)   “Solicitation” means any presentation or advertising conducted by, or on behalf of, a plan, where information regarding the plan, or services offered and charges therefor, is disseminated for the purpose of inducing persons to subscribe to, or enroll in, the plan.
(m) (  l)   “Solicitor” means any person who engages in the acts defined in subdivision ( (k) 
l
).  of this section.  
(n) (m)   “Solicitor firm” means any person, other than a plan, who through one or more solicitors engages in the acts defined in subdivision ( (k) 
l
).  of this section.  
(o) (n)   “Specialized health care service plan contract” means a contract for health care services in a single specialized area of health care, including dental care, for subscribers or enrollees, or which pays for or which reimburses any part of the cost for those such  services, in return for a prepaid or periodic charge paid by or on behalf of the such  subscribers or enrollees.
(p) (o)   “Subscriber” means the person who is responsible for payment to a plan or whose employment or other status, except for family dependency, is the basis for eligibility for membership in the plan.
(q) (p)   Unless the context indicates otherwise, “plan” refers to health care service plans and specialized health care service plans.
(r) (q)   “Plan contract” means a contract between a plan and its subscribers or enrollees or a person contracting on their behalf pursuant to which health care services, including basic health care services, are furnished; and unless the context otherwise indicates it includes specialized health care service plan contracts; and unless the context otherwise indicates it includes group contracts.
(s) (r)   All references in this chapter to financial statements, assets, liabilities, and other accounting items mean those such  financial statements and accounting items prepared or determined in accordance with generally accepted accounting principles, and fairly presenting the matters which they purport to present, subject to any specific requirement imposed by this chapter or by the director. commissioner. 
(s)  This section shall become operative April 1, 1993.

SEC. 155.

 Section 1596.79 of the Health and Safety Code is amended to read:

1596.79.
 “Person” means an individual, partnership, association, corporation, limited liability company, or governmental entity, such as the state, a county, city, special district, school district, community college district, chartered city, or chartered city and county.

SEC. 156.

 Section 4010.1 of the Health and Safety Code is amended to read:

4010.1.
 As used in this chapter:
(a)  “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.
(b)  “Department” means the State Department of Health Services.
(c)  “Drinking water standards” means:
(1)  Primary drinking water standards that specify maximum levels of contaminants that, in the judgment of the department, may have an adverse effect on the health of persons.
(2)  Secondary drinking water standards that specify maximum contaminant levels that, in the judgment of the department, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to assure a supply of pure, wholesome, and potable water.
(3)  The monitoring and reporting requirements as specified in regulations adopted by the department that pertain to maximum contaminant levels.
(d)  “Maximum contaminant level” means the maximum permissible level of a contaminant in water.
(e)  “Person” means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution.
(f)  “Public water system” means a system for the provision of piped water to the public for human consumption that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)  Any collection, treatment, storage, and distribution facilities under control of the operator of the system which are used primarily in connection with the system.
(2)  Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)  Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(g)  “Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents.
(h)  “Noncommunity water system” means a public water system that meets one of the following criteria:
(1)  Serves at least 25 nonresident individuals daily at least 60 days of the year, but not more than 24 yearlong residents.
(2)  Serves 15 or more service connections and any number of nonresident individuals at least 60 days of the year, but no yearlong residents.
(i)  “Local health officer” means a local health officer appointed pursuant to Section 451 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 1155.5 to carry out the drinking water program.
(j)  “Significant rise in the bacterial count of water” means a rise in the bacterial count of water that the department determines, by regulation, represents an immediate danger to the health of water users.
(k)  “State small water system” means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve more than an average of 25 individuals daily for more than 60 days out of the year.
( l)  “User” means any person using water for domestic purposes. User does not include any person processing, selling, or serving water or operating a public water system.
(m)  “Waterworks standards” means regulations adopted by the department that take cognizance of the latest available “Standards of Minimum Requirements for Safe Practice in the Production and Delivery of Water for Domestic Use” adopted by the California section of the American Water Works Association.
(n)  “Local primacy agency” means any local health officer that has applied for and received primacy delegation from the department pursuant to Section 4010.7.
(o)  “Service connection” means the point of connection between the customer’s piping or ditch, and the public water system’s meter, service pipe, or ditch.

SEC. 157.

 Section 7150.1 of the Health and Safety Code is amended to read:

7150.1.
 As used in this chapter:
(a)  “Anatomical gift” means a donation of all or part of a human body or a pacemaker to take effect upon or after death.
(b)  “Decedent” means a deceased individual and includes a stillborn infant or fetus.
(c)  “Document of gift” means a card, a statement attached to or imprinted on a motor vehicle operator’s or chauffeur’s license, a will, or other writing used to make an anatomical gift.
(d)  “Donor” means an individual who makes an anatomical gift of all or part of the individual’s body or a pacemaker.
(e)  “Enucleator” means an individual who removes or processes eyes or parts of eyes.
(f)  “Hospital” means a facility licensed, accredited, or approved as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.
(g)  “Part” means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body or a pacemaker.
(h)  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.
(i)  “Physician” or “surgeon” means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathic medicine and surgery under the laws of any state.
(j)  “Procurement organization” means a person licensed, accredited, or approved under the laws of any state or by the State Department of Health Services for procurement, distribution, or storage of human bodies or parts.
(k)  “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
( l)  “Technician” means an individual who has completed training in removal of parts for transplant, therapeutic, or scientific purposes, which the donee determines to be adequate for the purpose.

SEC. 158.

 Section 7186 of the Health and Safety Code is amended to read:

7186.
 As used in this chapter, unless the context otherwise requires:
(a)  “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient.
(b)  “Declaration” means a writing executed in accordance with the requirements of subdivision (a) of Section 7186.5.
(c)  “Health care provider” means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.
(d)  “Life-sustaining treatment” means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or an irreversible coma or persistent vegetative state.
(e)  “Permanent unconscious condition” means an incurable and irreversible condition that, within reasonable medical judgment, renders the patient in an irreversible coma or persistent vegetative state.
(f)  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(g)  “Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.
(h)  “Qualified patient” means a patient 18 or more years of age who has executed a declaration and who has been diagnosed and certified in writing by the attending physician and a second physician who has personally examined the patient to be in a terminal condition or permanent unconscious condition.
(i)  “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(j)  “Terminal condition” means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death within a relatively short time.

SEC. 159.

 Section 11022 of the Health and Safety Code is amended to read:

11022.
 “Person” means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, or any other legal entity.

SEC. 160.

 Section 17009.5 of the Health and Safety Code is amended to read:

17009.5.
 (a)  “Person,” as used in this part, includes any natural person, firm, association, organization, partnership, business trust, company, joint stock company, corporation, limited liability company, joint venture, or other organizations of persons.
(b)  “Person,” as used in this part, may be used interchangeably with “tenant” or “employee,” and those terms are used interchangeably when the context does not imply an employer or an owner of employee housing.

SEC. 161.

 Section 25026 of the Health and Safety Code is amended to read:

25026.
 “Person” means an individual, trust, firm, joint stock company, business concern, partnership, association, limited liability company, and corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, district, commission, the state or any department, agency, or political subdivision thereof, the Regents of the University of California, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

SEC. 162.

 Section 25249.11 of the Health and Safety Code is amended to read:

25249.11.
 Definitions.
For purposes of this chapter:
(a)   “Person” means an individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, and association.  
(b)   “Person in the course of doing business” does not include any person employing fewer than 10 employees in his or her business; any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; or any entity in its operation of a public water system as defined in Section 116275. 4010.1.  
(c)   “Significant amount” means any detectable amount except an amount which would meet the exemption test in subdivision (c) of Section 25249.10 if an individual were exposed to such an amount in drinking water.  
(d)   “Source of drinking water” means either a present source of drinking water or water which is identified or designated in a water quality control plan adopted by a regional board as being suitable for domestic or municipal uses.  
(e)   “Threaten to violate” means to create a condition in which there is a substantial probability that a violation will occur.  
(f)   “Warning” within the meaning of Section 25249.6 need not be provided separately to each exposed individual and may be provided by general methods such as labels on consumer products, inclusion of notices in mailings to water customers, posting of notices, placing notices in public news media, and the like, provided that the warning accomplished is clear and reasonable. In order to minimize the burden on retail sellers of consumer products including foods, regulations implementing Section 25249.6 shall to the extent practicable place the obligation to provide any warning materials such as labels on the producer or packager rather than on the retail seller, except where the retail seller itself is responsible for introducing a chemical known to the state to cause cancer or reproductive toxicity into the consumer product in question.  

SEC. 163.

 Section 25270.2 of the Health and Safety Code is amended to read:

25270.2.
 For purposes of this chapter, the following definitions apply:
(a) “Aboveground storage tank” or “storage tank” means a tank that has the capacity to store 55 gallons or more of petroleum that is substantially or totally above the surface of the ground, except that, for purposes of this chapter, “aboveground storage tank” or “storage tank” includes a tank in an underground area. “Aboveground storage tank” does not include any of the following:
(1) A pressure vessel or boiler that is subject to Part 6 (commencing with Section 7620) of Division 5 of the Labor Code.
(2) A tank containing hazardous waste or extremely hazardous waste, as respectively defined in Sections 25117 and 25115, if the Department of Toxic Substances Control has issued the person owning or operating the tank a hazardous waste facilities permit for the storage tank.
(3) An aboveground oil production tank that is subject to Section 3106 of the Public Resources Code.
(4) Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the oil-filled electrical equipment meets either of the following conditions:
(A) The equipment contains less than 10,000 gallons of dielectric fluid.
(B) The equipment contains 10,000 gallons or more of dielectric fluid with PCB levels less than 50 parts per million, appropriate containment or diversionary structures or equipment are employed to prevent discharged oil from reaching a navigable water course, and the electrical equipment is visually inspected in accordance with the usual routine maintenance procedures of the owner or operator.
(5) A tank regulated as an underground storage tank under Chapter 6.7 (commencing with Section 25280) of this division and Chapter 16 (commencing with Section 2610) of Division 3 of Title 23 of the California Code of Regulations and that does not meet the definition of a tank in an underground area.
(6) A transportation-related tank facility, subject to the authority and control of the United States Department of Transportation, as defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the United States Environmental Protection Agency, as set forth in Appendix A to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(7) A tank or tank facility located on and operated by a farm that is exempt from the federal spill prevention, control, and countermeasure rule requirements pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(b) (a)   “Board” means the State Water Resources Control Board.  
(c) (b)  (1)  “Certified   Unified Program Agency” or “CUPA” means the agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction. “Fund” means the Environmental Protection Trust Fund established pursuant to Section 25270.11.  
(2) “Participating Agency” or “PA” means an agency that has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2.
(3) (A) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent that each PA has been designated by the CUPA, pursuant to a written agreement, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404. The UPAs have the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 to 25404.2, inclusive, to implement and enforce the requirements of this chapter.
(B) After a CUPA has been certified by the secretary, the unified program agency shall be the only agency authorized to enforce the requirements of this chapter.
(C) This paragraph does not limit the authority or responsibility granted to the office, the board, and the regional boards by this chapter.
(d) “Office” means the Office of the State Fire Marshal.
(e) (c)   “Operator” means the person responsible for the overall operation of a tank facility.  
(f) (d)   “Owner” means the person who owns the tank facility or part of the tank facility.  
(g) (e)   “Person” means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, district, the University of California, the California State University, the state, any department or agency thereof, and the United States, to the extent authorized by federal law.  
(h) (f)   “Petroleum” means crude oil, or a any  fraction thereof, that which  is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.  
(i) (g)   “Regional board” means a California regional water quality control board.  
(j) (h)   “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, or disposing into the environment.  
(k) “Secretary” means the Secretary for Environmental Protection.
( (i) 
l
)    “Storage” or “store” means the containment, handling, or treatment of petroleum, for a any  period of time, including on a temporary basis.  
(m) (j)   “Storage capacity” means the aggregate capacity of all aboveground storage tanks at a tank facility. tank” means any aboveground tank or container used for the storage of petroleum. “Storage tank” does not include any of the following:  
(1)  A pressure vessel or boiler which is subject to Part 6 (commencing with Section 7620) of Division 5 of the Labor Code.
(2)  A storage tank containing hazardous waste, as defined in subdivision (g) of Section 25316, if the person owning or operating the storage tank has been issued a hazardous waste facilities permit for the storage tank by the department.
(3)  An aboveground oil production tank which is subject to Section 3106 of the Public Resources Code.
(n) (k)   “Tank facility” means one or more  any one, or combination of,  aboveground storage tanks, including any piping that which  is integral to the tanks, that contain tank, which contains  petroleum and that are which is  used by an owner or operator a single business entity  at a single location or site. For purposes of this chapter, a pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following:  
(1)   The pipe is within the dike or containment area.  
(2)   The pipe is between the containment area and the first flange or valve outside the containment area.  
(3)   The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.  
(4) The pipe is connected to a tank in an underground area.
(o) (1) “Tank in an underground area” means a storage tank to which all of the following apply:
(A) The storage tank is located in a structure that is at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault.
(B) The structure in which the storage tank is located, at a minimum, provides for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs. A shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank.
(C) The storage tank meets one or more of the following conditions:
(i) The storage tank contains petroleum to be used or previously used as a lubricant or coolant in a motor engine or transmission, oil-filled operational equipment, or oil-filled manufacturing equipment, is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.
(ii) The storage tank only contains petroleum that is determined to be a hazardous waste, complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Title 22 of the California Code of Regulations as it may be amended, and the tank facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste.
(iii) The storage tank contains petroleum and is used solely in connection with a fire pump or an emergency system, legally required standby system, or optional standby system as defined in the most recent version of the California Electrical Code (Section 700.2 of Article 700, Section 701.2 of Article 701, and Section 702.2 of Article 702, of Chapter 7 of Part 3 of Title 24 of the California Code of Regulations), is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.
(iv) The storage tank does not meet the conditions in clauses (i), (ii), or (iii), but meets all of the following conditions:
(I) It contains petroleum.
(II) It is situated on or above the surface of the floor.
(III) The structure in which the tank is located provides enough space for direct viewing of the exterior of the tank, except for the part of the tank in contact with the surface of the floor, and all piping connected to the tank, including any portion of a vent line, vapor recovery line, or fill pipe that is beneath the surface of the ground, and all ancillary equipment, can either be visually inspected by direct viewing or has both secondary containment and leak detection that meet the requirements of the regulations adopted by the office pursuant to Section 25270.4.1.
(2) For a shop-fabricated double-walled storage tank, direct viewing of the exterior of the tank is not required under paragraph (1) if inspections of the interstitial space are performed or if it has a mechanical or electronic device that will detect leaks in the interstitial space.
(3) (A) A storage tank in an underground area is not subject to Chapter 6.7 (commencing with Section 25280) if the storage tank meets the definition of a tank in an underground area, as provided in paragraph (1) and, except as specified in subparagraph (B), the regulations that apply to all new and existing tanks in underground areas and buried piping connected to tanks in underground areas have been adopted by the office pursuant to Section 25270.4.1.
(B) A storage tank meeting the description of clause (i) of subparagraph (C) of paragraph (1) shall continue to be subject to this chapter, and excluded from the definition of an underground storage tank in Chapter 6.7 (commencing with Section 25280), before and after the date the regulations specific to tanks in underground areas have been adopted by the office.
(p) “Viewing” means visual inspection, and “direct viewing” means, in regard to a storage tank, direct visual inspection of the exterior of the tank, except for the part of the tank in contact with the surface of the floor, and, where applicable, the entire length of all piping and ancillary equipment, including all exterior surfaces, by a person or through the use of visual aids, including, but not limited to, mirrors, cameras, or video equipment.

SEC. 164.

 Section 25319 of the Health and Safety Code is amended to read:

25319.
 “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the United States and its agencies and instrumentalities, to the extent permitted by law.

SEC. 165.

 Section 25420 of the Health and Safety Code is amended to read:

25420.
 For purposes of this chapter, the following definitions apply:
(a) “Biogas” means gas that is produced from the anaerobic decomposition of organic material.
(b) “Biomethane” means biogas that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 for injection into a common carrier pipeline.
(c) “Board” means the State Air Resources Board.
(d) “CalRecycle” means the Department of Resources Recycling and Recovery.
(e) “Commission” means the Public Utilities Commission.
(f) “Common carrier pipeline” means a gas conveyance pipeline, located in California, that is owned or operated by a utility or gas corporation, excluding a dedicated pipeline.
(g) “Dedicated pipeline” means a conveyance of biogas or biomethane that is not part of a common carrier pipeline system, and which conveys biogas from a biogas producer to a conditioning facility or an electrical generation facility.
(h) “Department” means the Department of Toxic Substances Control.
(i) “Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate regulation by the commission.
(j) “Hazardous waste landfill” means a landfill that is a hazardous waste facility, as defined in Section 25117.1.
(k) “Office” means the Office of Environmental Health Hazard Assessment.
( (a) 
l
)    “Person” means an individual, trust, firm, joint stock company, partnership, association, business concern, limited liability company, or corporation. “Person” also includes any city, county, district, and the state or any department or agency thereof, or the federal government or any department or agency thereof to the extent permitted by law.  
(b)  “Department” means the State Department of Health Services.
(c)  “Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate regulation by the Public Utilities Commission.

SEC. 166.

 Section 25805 of the Health and Safety Code is amended to read:

25805.
 As used in this chapter:
(a)  “Secretary” means the Secretary of the Resources Agency.
(b)  “Ionizing radiation” means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(c)  “Person” means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto.
(d)  “Byproduct material” means any radioactive material, except special nuclear material, yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or utilizing special nuclear material.
(e)  “Source material” means (1) uranium, thorium, or any other material which the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or (2) ores containing one or more of the foregoing materials, in such concentration as the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material.
(f)  “Special nuclear material” means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.
(g)  “General license” means a license, pursuant to regulations promulgated by the department, effective without the filing of an application, to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
(h)  “Specific license” means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially.
(i)  “Registration” means the reporting of possession of a source of radiation and the furnishing of information with respect thereto, in accordance with subdivision (b) of Section 25815.
(j)  “Department” means the State Department of Health Services.
(k)  “Director” means the State Director of Health Services.
( l)  “Federal research and development activity” means any activity of the Secretary of Energy conducted at any research facility owned or operated by the United States Department of Energy.
(m)  “Low-level waste” means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or the byproduct material defined in Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For purposes of this subdivision, the following definitions shall apply:
(1)  “High-level radioactive waste” means either of the following:
(A)  The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from this liquid waste that contains fission products in sufficient concentrations.
(B)  Other highly radioactive material that the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation.
(2)  “Spent nuclear fuel” means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(3)  “Transuranic waste” means any waste containing more than 100 nanocuries of alpha emitting transuranic nuclides with half-life greater than five years per gram of waste material.
(n)  “Mammogram” means an X-ray image of the human breast.
(o)  “Mammography” means the procedure for creating a mammogram.
(p)  “Mammography quality assurance” means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films and the glandular radiation dose, and the correction of this change.
(q)  “Mammogram certification” means a certification, issued by the department after registration, that the equipment dedicated to or used for mammography meets the standards prescribed pursuant to this chapter.

SEC. 167.

 Section 26024 of the Health and Safety Code is amended to read:

26024.
 “Person” means any individual, firm, partnership, trust, corporation, limited liability company, company, estate, public or private institution, association, organization, group, city, county, city and county, political subdivision of this state, other governmental agency within the state, and any representative, agent, or agency of any of the foregoing.

SEC. 168.

 Section 27530 of the Health and Safety Code is amended to read:

27530.
 “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any other group or combination acting as a unit.

SEC. 169.

 Section 28501 of the Health and Safety Code is amended to read:

28501.
 Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
(a)  “Shellfish” means native or nonnative bivalve mollusks, which include oysters, rock scallops, clams, and mussels, either fresh or frozen, and either shucked or in the shell.
(b)  “Shellstock” means shellfish which remain in their shells.
(c)  “Growing area” means any offshore ocean, coastal estuarine, or freshwater area that may be classified by the department for natural shellfish growth or artificial shellfish propagation and includes open seawater systems.
(d)  “Approved area” means a shellfish-growing area not adversely affected by sewage or other wastes.
(e)  “Conditionally approved area” means a shellfish-growing area that may be occasionally affected by sewage or other wastes.
(f)  “Prohibited area” means a shellfish-growing area not certified because of its proximity to a waste discharge or because the area is influenced by other detrimental environmental factors.
(g)  “Restricted area” means a shellfish-growing area subjected to a limited degree of pollution which makes it unsafe to harvest shellfish for direct marketing but where harvesting for relaying or depuration may be permitted.
(h)  “Other wastes” means wastes, such as, but not limited to, animal, industrial, radiological, and agricultural wastes which would render shellfish unsafe or unfit for human consumption.
(i)  “Department” means the State Department of Health Services.
(j)  “Director” means the State Director of Health Services.
(k)  “Person” includes any individual, partnership, corporation, limited liability company, and association.
( l)  “Closed area” means an area that the shellfish taken therefrom have been declared to be unsafe or unfit for human consumption.

SEC. 170.

 Section 37912 of the Health and Safety Code is amended to read:

37912.
 Unless the context otherwise requires, the following definitions shall govern the construction of this part:
(a)  “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by a local agency pursuant to this part and which are payable exclusively from the revenues, as defined in subdivision (k), and from any other funds specified in this part upon which the bonds may be made a charge and from which they are payable.
(b)  “Citizen participation” means action by the local agency to provide persons who will be affected by residential rehabilitation financed under the provisions of this part with opportunities to be involved in planning and carrying out the residential rehabilitation program. “Citizen participation” shall include, but not be limited to, all of the following and in the order provided below:
(1)  Holding a public meeting prior to the original hearing by the legislative body for the purpose of considering selection of the area for designation and determining the method of notice to property owners which will be used pursuant to paragraph (3).
(2)  Consultation with an elected or appointed citizen advisory board of a proposed residential rehabilitation area. The members of the board shall include, to the greatest extent feasible, representatives of resident owners, nonresident owners, and resident tenants of both single-family and multiple-family residential structures who are not apartment managers, resident agents, or employees of property owners. The duties of the board are to develop a plan for public improvements and the rules and regulations for implementation of the proposed residential rehabilitation program.
(3)  Dissemination of information relating to the time and location of the hearing, boundaries of the proposed residential rehabilitation area, and a general description of the proposed residential rehabilitation program by one of the following methods as determined by the legislative body at the public meeting provided in paragraph (1):
(A)  At least seven days prior to the original hearing, by mailing to all real property owners within the proposed residential rehabilitation area at the address shown on the latest assessment roll and by distribution to residents of the proposed residential rehabilitation area in a manner determined to be appropriate by the local agency.
(B)  After express findings by the legislative body at the public meeting provided in paragraph (1) at lower expense and effective notice at least equal to the mailed and distributed notice provided in subparagraph (A), by a method determined by the legislative body which includes, but is not limited to, publication of such notice pursuant to Section 6066 of the Government Code and posting of such notice at no less than three prominent places within the proposed residential redevelopment area and distribution to residents of the proposed residential rehabilitation area in a manner determined to be appropriate by the local agency.
“Citizen participation” also includes any other means of citizen involvement determined appropriate by the legislative body.
Public meetings and consultations held to implement the requirements of citizen participation shall be conducted by a planning or rehabilitation official designated by the legislative body. Public meetings shall be held at times and places convenient to residents and property owners.
(c)  “Financing” means the lending of moneys or any other thing of value, or the purchase of a loan previously made by a qualified mortgage lender in accordance with rules and regulations of the local agency, for the purpose of residential rehabilitation and may, in the discretion of the legislative body, include any or all of the following:
(1)  Refinancing of outstanding indebtedness of the participating party with respect to property which is subject to residential rehabilitation by such participating party.
(2)  Financing or refinancing the cost incurred by a participating party in acquiring real property for the purpose of residential rehabilitation, including residential infill construction and move-on residences.
(3)  Financing the acquisition of residences within a residential rehabilitation area which have been previously rehabilitated or constructed with financing pursuant to this part.
(d)  “Legislative body” means the city council, board of supervisors, or other legislative body of the local agency.
(e)  “Local agency” means any of the following:
(1)  Any city, county, or city and county.
(2)  Any redevelopment agency functioning pursuant to Part 1 (commencing with Section 33000).
(3)  Any housing authority functioning pursuant to Part 2 (commencing with Section 34200).
(f)  “Move-on residence” means a previously occupied single family or multifamily residential structure moved from a location to a vacant lot inside a residential rehabilitation area, or outside a residential rehabilitation area if the single-family or multifamily residential structure is for occupancy for persons or families of low or moderate income.
(g)  “Participating party” means any person, company, corporation, partnership, limited liability company, firm, local agency, political subdivision of the state, or other entity or group of entities requiring financing for residential rehabilitation pursuant to the provisions of this part. No elective officer of the state or any of its political subdivisions and no employee or member of the agency issuing bonds shall be eligible to be a participating party under the provision of this part.
(h)  “Qualified mortgage lender” means a mortgage lender authorized by a local agency to do business with the agency and to aid in financing pursuant to this part on behalf of the agency, for which service the qualified mortgage lender will be reasonably compensated. Such a mortgage lender shall be a state or national bank, federal or state-chartered savings and loan association, or trust company or mortgage banker which is capable of providing service or otherwise aiding in the financing authorized by this part. Nothing in any other provision of state law shall prevent such a lender from serving as a qualified mortgage lender pursuant to this part.
(i)  “Residential rehabilitation” includes the following:
(1)  The construction, reconstruction, renovation, replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwise improving residences consistent with standards of strength, effectiveness, fire resistance, durability, and safety, so that such structures are satisfactory and safe to occupy for residential purposes and are not conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime because of any one or more of the following factors:
(A)  Defective design and character of physical construction.
(B)  Faulty interior arrangement and exterior spacing.
(C)  Inadequate provision for ventilation, lighting, and sanitation.
(D)  Obsolescence, deterioration, and dilapidation.
(2)  Residential infill construction, where authorized by the comprehensive residential rehabilitation financing program.
(3)  A qualified home improvement loan, which has the same meaning as Section 103 (A) of the Federal Internal Revenue Code of 1954, as amended by Public Law 96-499, December 5, 1980.
(4)  With respect to a move-on residence, where authorized by the comprehensive residential rehabilitation financing program, the acquisition prior to relocation of, movement of, installation of, and rehabilitation of, a move-on residence and purchase of a move-on residence that has previously been rehabilitated with financing under this part.
(5)  Acquisition of real property for the purpose of rehabilitation or residential infill construction pursuant to paragraph (1), (2), or (4), if authorized by the comprehensive residential rehabilitation financing program.
(6)  Purchase of residences within a residential rehabilitation area which have been previously rehabilitated or constructed with financing under this part, if authorized by the comprehensive residential rehabilitation financing program.
(7)  Relocation payments required or authorized by Section 37922.2 or by Section 7265.3 of the Government Code in connection with rehabilitation of a residence financed pursuant to this part, or in connection with demolition of a structure for the purpose of making land available for residential infill construction financed pursuant to this part. The cost of relocation payments may be included in the principal amount of a loan made to a participating party or may be paid directly from bond proceeds.
(j)  “Residential infill construction” means the construction of new single-family or multifamily residences, excluding commercial or mixed residential and commercial structures and residential hotels, on vacant lots in residential rehabilitation areas, including lots cleared by demolition of an existing structure. However, the cost of demolition of existing structures shall not be eligible for financing under this part, and it is the intent of the Legislature that local agencies shall adopt lending policies and criteria which will encourage rehabilitation of existing residences in residential rehabilitation areas wherever possible.
(k)  “Residence” means real property improved with a residential structure and, in residential rehabilitation areas only, also includes real property improved with a commercial or mixed residential and commercial structure which, in the judgment of the local agency, is an integral part of a residential neighborhood. “Residence” also includes condominium and cooperative dwelling units, and includes both real property improved with single-family residential structures and real property improved with multiple-family residential structures.
“Residence” also includes residential hotels in which not less than one-half of the occupied dwelling units are occupied on a nontransient basis. A dwelling unit shall be deemed to be used on a nontransient basis for such purpose if the term of the tenancy is one month or longer or if the tenant has resided in the unit for more than 30 days. In a residential hotel, individual dwelling units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this subdivision, a residential hotel does not include dormitories, fraternity and sorority houses, hospitals, sanitariums, rest homes, or trailer parks and courts.
( l)  “Rehabilitation standards” means the applicable local or state standards for the rehabilitation of residences located in residential rehabilitation areas or rehabilitated pursuant to Section 37922.1, including any higher standards adopted by the local agency as part of its residential rehabilitation financing program.
(m)  “Revenues” means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by, the local agency from the financing of residential rehabilitation, including moneys deposited in a sinking, redemption, or reserve fund or other fund to secure the bonds or to provide for the payment of the principal of, or interest on, the bonds and such other moneys as the legislative body may, in its discretion, make available therefor.
(n)  “Residential rehabilitation area” means the geographical area designated by the local agency as one for inclusion in a comprehensive residential rehabilitation financing program pursuant to the provisions of this part.

SEC. 171.

 Section 52016 of the Health and Safety Code is amended to read:

52016.
 “Person” means any individual, partnership, copartnership, firm, company, corporation, limited liability company, lending institution, association, joint stock company, trust, estate, political subdivision, state agency or any other legal entity, or its legal representatives, agents or assigns.

SEC. 172.

 Section 19 of the Insurance Code is amended to read:

19.
 “Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.

SEC. 173.

 Section 729 of the Insurance Code is amended to read:

729.
 As used in this article, the following terms have the following meanings:
(a)   “Company” means any person engaging in, or proposing or attempting to engage in, any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the commissioner.  
(b)   “Examiner” means any individual or firm authorized by the commissioner to conduct an examination under this article.  
(c)   “Person” means any person, association, organization, business trust, partnership, limited liability company, or corporation, or any affiliate thereof.  

SEC. 174.

 Section 791.02 of the Insurance Code is amended to read:

791.02.
 As used in this act:
(a)   (1)   “Adverse underwriting decision” means any of the following actions with respect to insurance transactions involving insurance coverage that which  is individually underwritten:  
(A)   A declination of insurance coverage.  
(B)   A termination of insurance coverage.  
(C)   Failure of an agent to apply for insurance coverage with a specific insurance institution that which  the agent represents and that which  is requested by an applicant.  
(D)   In the case of a property or casualty insurance coverage:  
(i)   Placement by an insurance institution or agent of a risk with a residual market mechanism, with an unauthorized insurer, or with an insurance institution that which  provides insurance to other than preferred or standard risks, if in fact the placement is at other than a preferred or standard rate. An adverse underwriting decision, in case of placement with an insurance institution that which  provides insurance to other than preferred or standard risks, shall not include such  placement if where  the applicant or insured did not specify or apply for placement as a preferred or standard risk or placement with a particular company insuring preferred or standard risks, or  
(ii)   The charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished.  
(E)   In the case of a life, health, health  or disability insurance coverage, an offer to insure at higher than standard rates.  
(2)   Notwithstanding paragraph (1), any of the following actions shall not be considered adverse underwriting decisions but the insurance institution or agent responsible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason or reasons for their occurrence:  
(A)   The termination of an individual policy form on a class or statewide basis.  
(B)   A declination of insurance coverage solely because such  coverage is not available on a class or statewide basis.  
(C)   The rescission of a policy.  
(b)   “Affiliate” or “affiliated” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.  
(c)   “Agent” means any person licensed pursuant to Chapter 5 (commencing with Section 1621), Chapter 5A (commencing with Section 1759), Chapter 6 (commencing with Section 1760), Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing with Section 1831).  
(d)   “Applicant” means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten.  
(e)   “Consumer report” means any written, oral, oral  or other communication of information bearing on a natural person’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, characteristics  or mode of living that which  is used or expected to be used in connection with an insurance transaction.  
(f)   “Consumer reporting agency” means any person who:  
(1)   Regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a monetary fee.  
(2)   Obtains information primarily from sources other than insurance institutions.  
(3)   Furnishes consumer reports to other persons.  
(g)   “Control,” including the terms “controlled by” or “under common control with,” 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.  
(h)   “Declination of insurance coverage” means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage.  
(i)   “Individual” means any natural person who is any of the following: who:  
(1)   In the case of property or casualty insurance, is a past, present, present  or proposed named insured or certificate holder. holder;  
(2)   In the case of life or disability insurance, is a past, present, present  or proposed principal insured or certificate holder. holder;  
(3)   Is a past, present, present  or proposed policyowner. policyowner;  
(4)   Is a past or present applicant. applicant; or  
(5)   Is a past or present claimant. claimant; or  
(6)   Derived, derives, derives  or is proposed to derive insurance coverage under an insurance policy or certificate subject to this act.  
(j)   “Institutional source” means any person or governmental entity that provides information about an individual to an agent, insurance institution, institution  or insurance-support organization, other than any of the following: than:  
(1)   An agent. agent,  
(2)   The individual who is the subject of the information. information, or  
(3)   A natural person acting in a personal capacity rather than in a business or professional capacity.  
(k)   “Insurance institution” means any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd’s insurer, fraternal benefit society, society  or other person engaged in the business of insurance.  insurance, including medical service plans and hospital service plans.  “Insurance institution” shall not include agents, insurance-support organizations, or group practice prepayment  health care service plans regulated pursuant to the Knox-Keene Health Care Service Plan Act, Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.  
(  l)   “Insurance-support organization” means:  
(1)   Any person who regularly engages, in whole or in part, in the business of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including either of the following: including:  
(A)   The furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction. transaction, or  
(B)   The collection of personal information from insurance institutions, agents, agents  or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity.  
(2)   Notwithstanding paragraph (1), the following persons shall not be considered “insurance-support organizations”: agents, governmental institutions, insurance institutions, medical care institutions, medical professionals, and peer review committees.  
(m)   “Insurance transaction” means any transaction involving insurance primarily for personal, family, family  or household needs rather than business or professional needs that entails either of the following: which entails:  
(1)   The determination of an individual’s eligibility for an insurance coverage, benefit, benefit  or payment. payment, or  
(2)   The servicing of an insurance application, policy, contract, contract  or certificate.  
(n)   “Investigative consumer report” means a consumer report or portion thereof in which information about a natural person’s character, general reputation, personal characteristics, characteristics  or mode of living is obtained through personal interviews with the person’s neighbors, friends, associates, acquaintances, acquaintances  or others who may have knowledge concerning those such  items of information.  
(o)   “Medical care institution” means any facility or institution that is licensed to provide health care services to natural persons, including but not limited to, hospitals, skilled nursing facilities, home health agencies, medical clinics, rehabilitation agencies, agencies  and public health agencies.  
(p)   “Medical professional” means any person licensed or certified to provide health care services to natural persons, including but not limited to, a physician, dentist, nurse, optometrist, physical or occupational therapist, psychiatric social worker, clinical dietitian, clinical psychologist, chiropractor, pharmacist, or speech therapist.  
(q)   “Medical record information” means personal information that is both of the following: which:  
(1)   Relates to an individual’s physical or mental condition, medical history or medical treatment. treatment, and  
(2)   Is obtained from a medical professional or medical care institution, from the individual, or from the individual’s spouse, parent, parent  or legal guardian.  
(r)   “Person” means any natural person, corporation, association, partnership, limited liability company, or other legal entity.  
(s)   “Personal information” means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual’s character, habits, avocations, finances, occupation, general reputation, credit, health, health  or any other personal characteristics. “Personal information” includes an individual’s name and address and “medical record information” but does not include “privileged information.”  
(t)   “Policyholder” means any person who is any of the following: who:  
(1)   In the case of individual property or casualty insurance, is a present named insured. insured;  
(2)   In the case of individual life or disability insurance, is a present policyowner. policyowner; or  
(3)   In the case of group insurance, insurance  which is individually underwritten, is a present group certificate holder.  
(u)   “Pretext interview” means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:  
(1)   Pretends to be someone he or she is not. not,  
(2)   Pretends to represent a person he or she is not in fact representing. representing,  
(3)   Misrepresents the true purpose of the interview. interview, or  
(4)   Refuses to identify himself or herself upon request.  
(v)   “Privileged information” means any individually identifiable information that both:  
(1)   Relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual.  
(2)   Is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual. However, information otherwise meeting the requirements of this division shall nevertheless be considered “personal information” under this act if it is disclosed in violation of Section 791.13.  
(w)   “Residual market mechanism” means the California FAIR Plan Association, Chapter 10 (commencing with Section 10101) of Part 1 of Division 2, and the assigned risk plan, Chapter 1 (commencing with Section 11550) of Part 3 of Division 2.  
(x)   “Termination of insurance coverage” or “termination of an insurance policy” means either a cancellation or nonrenewal of an insurance policy, in whole or in part, for any reason other than the failure to pay a premium as required by the policy.  
(y)   “Unauthorized insurer” means an insurance institution that has not been granted a certificate of authority by the director commissioner  to transact the business of insurance in this state.  
(z) “Commissioner” means the Insurance Commissioner.
(aa) “Confidential communications request” means a request by an insured covered under a health insurance policy that insurance communications containing medical information be communicated to him or her at a specific mail or email address or specific telephone number, as designated by the insured.
(ab) “Endanger” means that the insured covered under a health insurance policy fears that the disclosure of his or her medical information could subject the insured covered under a health insurance policy to harassment or abuse.
(ac) (z)   “Sensitive services” means all health care services described in Sections 6924, 6925, 6926, 6927, 6928, and 6929 of the Family Code, and Sections 121020 and 124260 of the Health and Safety Code, obtained by a patient of any age at or above the minimum age specified for consenting to the service specified in the section. “Commissioner” means the Insurance Commissioner; except in the case of a person or entity subject to the provisions of 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), and except as to any person defined in subdivision (k) when engaged in providing information or evaluation to a person or entity subject to the provisions of the Knox-Keene Health Care Service Plan Act of 1975, and in such instances only, the term “commissioner” shall mean the Commissioner of Corporations.  
(ad) (aa)  “Medical   information” means any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health insurer, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment. “Individually identifiable” means that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the patient’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals the individual’s identity. “Insurance” includes a medical service or hospital service agreement or contract issued by a person or entity subject to 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).  

SEC. 175.

 Section 1067.04 of the Insurance Code is amended to read:

1067.04.
 As used in this article:
(a)   “Account” means either any  of the two three  accounts created under Section 1067.05.  
(b)   “Association” means the California Life and Health Insurance Guarantee Association created pursuant to Section 1067.05.  
(c) “Authorized assessment” means an assessment, to be called immediately or in the future from member insurers for a specified amount, that is authorized by a resolution of the board of directors. “Authorized,” when used in the context of assessments, means authorized by a resolution of the board of directors. An assessment is authorized when this resolution is passed.
(d) “Benefit plan” means a specific employee, union, or association of natural persons benefit plan.
(e) “Called assessment” means an assessment as to which a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within a timeframe set forth in the notice. “Called,” when used in the context of assessments, means required by notice to be paid by member insurers. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers.
(f) (c)   “Commissioner” means the Insurance Commissioner.  
(g) (d)   “Contractual obligation” means any obligation under a policy or contract, or certificate under a group policy or contract, or portion thereof, for which coverage is provided under Section 1067.02.  
(h) (e)   “Covered policy” means a any  policy or contract or portion of a policy or contract for which coverage is provided  within the scope of this article  under Section 1067.02.  
(i) “Extracontractual claims” shall include, for example, claims relating to bad faith in the payment of claims, punitive or exemplary damages, or attorney’s fees and costs.
(j) (f)   “Impaired insurer” means a member insurer which, after the effective date of this article,  that, after October 1, 1990,  is not an insolvent insurer, and is  (1) is deemed by the commissioner to be potentially unable to fulfill its contractual obligations or (2) is  placed under an order of rehabilitation or conservation by a court of competent jurisdiction.  
(g)  “Health insurance” means the class of insurance described as disability insurance in Section 106.
(k) (h)   “Insolvent insurer” means a member insurer that, after October 1, 1990, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.  
(l) (i)   “Member insurer” means any insurer licensed or which that  holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 1067.02 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include any of the following:  
(1) A hospital or medical service organization, whether for profit or nonprofit.
(2) A health maintenance organization.
(3) (1)   A fraternal benefit society.  
(4) (2)   A mandatory state pooling plan.  
(5) (3)   A mutual assessment company or other person any entity  that operates on an assessment basis.  
(6) (4)   An insurance exchange.  
(7) (5)  An   organization that has a certificate or license limited to the issuance of charitable gift annuities. A nonprofit hospital service plan.  
(6)  A health care service plan.
(8) (7)   A grants and annuities society holding a certificate of authority under Section 11520.  
(9) (8)   An Any  entity similar to any of the above.  
(m) (j)   “Moody’s Corporate Bond Yield Average” means the Monthly Average Corporates as published by Moody’s Investors Service, Inc., or any successor thereto.  
(n) “Owner” of a policy or contract and “policy owner” and “contract owner” mean the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. The terms owner, contract owner, and policy owner do not include persons with a mere beneficial interest in a policy or contract.
(o) (k)   “Person” means an any  individual, corporation, partnership,  limited liability company, partnership,  association, governmental body or entity, or  or  voluntary organization.  
(p) “Plan sponsor” means any of the following:
(1) The employer in the case of a benefit plan established or maintained by a single employer.
(2) The employee organization in the case of a benefit plan established or maintained by an employee organization.
(3) In a case of a benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan.
(q) (1) “Premiums” means amounts or considerations, by whatever name called, received on covered policies or contracts less returned premiums, considerations, and deposits and less dividends and experience credits.
(2) (  l)   “Premiums” means amounts received on covered policies or contracts less premiums, considerations, and deposits returned thereon, and less dividends and experience credits thereon. “Premiums”  does not include any  amounts or considerations  received for any  policies or contracts or for the portions of any  policies or contracts for which coverage is not provided under subdivision (b) of Section 1067.02, 1067.02  except that assessable premium shall not be reduced on account of subparagraph (C) of  paragraph (2) of subdivision (b) of Section 1067.02 relating to interest limitations and paragraph (2) of subdivision  (c) of Section 1067.02 relating to limitations with respect to any  one individual, any  one participant, and one contract  any one contractholder; provided that “premiums” shall not include any premiums in excess of five million dollars ($5,000,000) with respect to multiple policies of individual life insurance issued to any one owner, whether the policyowner is an individual, firm, corporation, limited liability company, or other legal entity, and whether the persons insured are officers, managers, employees, or other persons in whose lives the policyowner has an insurable interest, regardless of the number of policies held by the  owner.  
(3) “Premiums” does not include any of the following:
(A) Premiums on an unallocated annuity contract.
(B) With respect to multiple nongroup policies of life insurance owned by one owner, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, premiums in excess of five million dollars ($5,000,000) with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner.
(r) (1) “Principal place of business” of a plan sponsor or a person other than a natural person means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity as a whole primarily exercise that function, determined by the association in its reasonable judgment by considering all the following factors:
(A) The state in which the primary executive and administrative headquarters of the entity are located.
(B) The state in which the principal office of the chief executive officer of the entity is located.
(C) The state in which the board of directors, or similar governing persons, of the entity conducts the majority of its meetings.
(D) The state in which the executive or management committee of the board of directors, or similar governing persons, of the entity conducts the majority of its meetings.
(E) The state from which the management of the overall operations of the entity is directed.
(F) In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the above factors. However, in the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state shall be deemed to be the principal place of business of the plan sponsor.
(2) The principal place of business of a plan sponsor of a benefit plan shall be deemed to be the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question.
(s) “Receivership court” means the court in the insolvent or impaired insurer’s state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer.
(t) (m)   “Resident” means a person to whom a contractual obligation is owed and  any person  who resides in this state on the date of entry of a court order that determines a member insurer  at the time a member insurer is determined  to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer.  or insolvent insurer and to whom a contractual obligation is owed.  A person may be a resident of only one state, which in the case of a person other than a natural person shall be its principal place of business. Citizens of the United States who are either residents of foreign countries, or residents of United States’ possessions, territories, or protectorates that do not have an association similar to the association created by this article shall be deemed residents of the state of domicile of the insurer that issued the policies or contracts. 
(u) “State” means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate.
(v) “Structured settlement annuity” means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for, or with respect to, personal injury suffered by the plaintiff or other claimant.
(w) (n)   “Supplemental contract” means a written  any  agreement entered into for the distribution of proceeds under a life, health, or annuity policy or a life, health, or annuity contract. policy or contract proceeds.  
(x) (o)   “Unallocated annuity contract” means an any  annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. that contract or certificate, and except to the extent allowed in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1067.02.  

SEC. 176.

 Section 14001 of the Insurance Code is amended to read:

14001.
 As used in this chapter:
(a)   “Commissioner” means the Insurance Commissioner.  
(b)   “Department” means the Department of Insurance.  
(c)   “Licensee” means a person licensed under this chapter.  
(d)   “Manager” means the individual under whose direction, control, charge, or management the business of a licensee is operated.  
(e)   “Person” includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation.  

SEC. 177.

 Section 15001 of the Insurance Code is amended to read:

15001.
 As used in this chapter, the following terms have the following meanings: chapter: 
(a) “Apprentice public insurance adjuster” means a person who is qualified in all respects as a public adjuster, except as to experience, education, or training.
(b) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(c) “Catastrophic disaster” means an event that results in large numbers of deaths and injuries; causes extensive damage or destruction of facilities that provide and sustain human needs; produces an overwhelming demand on state and local response resources and mechanisms; causes a severe long-term effect on general economic activity; and severely affects state, local, and private sector capabilities to begin and sustain response activities. A catastrophic disaster shall be declared by the President of the United States or the Governor of the state or district in which the disaster occurred.
(d) (a)   “Commissioner” means the Insurance Commissioner.  
(e) (b)   “Department” means the Department of Insurance.  
(f) “Fingerprints” means an impression of the lines on the finger taken for the purposes of identification.
(g) “Home state” means the District of Columbia and any state or territory of the United States in which the public insurance adjuster’s principal place of residence or principal place of business is located. If neither the state in which the public insurance adjuster maintains the principal place of residence nor the state in which the public insurance adjuster maintains the principal place of business has a substantially similar law governing public insurance adjusters, the public insurance adjuster may declare another state in which it becomes licensed and acts as a public insurance adjuster to be the “home state.”
(h) (c)   “Licensee” means a person licensed under this chapter.  
(i) (d)   “Person” includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation.  

SEC. 178.

 Section 18 of the Labor Code is amended to read:

18.
 “Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.

SEC. 179.

 Section 1117 of the Labor Code is amended to read:

1117.
 As used herein, “labor organization” means any organization or any agency or employee representation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be or to have been financed in whole or in part, interfered with, dominated or controlled by the employer or any employer association within one year of the commencement of any proceeding brought under this chapter. The plaintiff shall have the affirmative of the issue with respect to establishing the existence of a “labor organization” as defined herein.
As used herein, “person” means any person, association, organization, partnership, corporation, limited liability company, unincorporated association, or labor organization.

SEC. 180.

 Section 1132.2 of the Labor Code is amended to read:

1132.2.
 “Employer” means a person, partnership, firm, corporation, association, or other entity, which employs any person or persons to perform services for a wage or salary, and includes any person, partnership, firm, corporation, limited liability company, association or other entity acting as an agent of an employer, directly or indirectly.

SEC. 181.

 Section 1140.4 of the Labor Code is amended to read:

1140.4.
 As used in this part:
(a)   The term “agriculture” includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.  
(b)   The term “agricultural employee” or “employee” shall mean one engaged in agriculture, as such term is defined in subdivision (a). However, nothing in this subdivision shall be construed to include any person other than those employees excluded from the coverage of the National Labor Relations Act, as amended, as agricultural employees, pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code), and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code).  
Further, nothing in this part shall apply, or be construed to apply, to any employee who performs work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec. 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above.
As used in this subdivision, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation.
(c)   The term “agricultural employer” shall be liberally construed to include any person acting directly or indirectly in the interest of an employer in relation to an agricultural employee, any individual grower, corporate grower, cooperative grower, harvesting association, hiring association, land management group, any association of persons or cooperatives engaged in agriculture, and shall include any person who owns or leases or manages land used for agricultural purposes, but shall exclude any person supplying agricultural workers to an employer, any farm labor contractor as defined by Section 1682, and any person functioning in the capacity of a labor contractor. The employer engaging such labor contractor or person shall be deemed the employer for all purposes under this part.  
(d)   The term “person” shall mean one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under this part.  
(e)   The term “representatives” includes any individual or labor organization.  
(f)   The term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees.  
(g)   The term “unfair labor practice” means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part.  
(h)   The term “labor dispute” includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.  
(i)   The term “board” means Agricultural Labor Relations Board.  
(j)   The term “supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.  

SEC. 182.

 Section 1500 of the Labor Code is amended to read:

1500.
 This part shall be known and may be cited as the Civil Air Patrol Employment Protection Act. The following definitions shall govern the construction of this chapter: 
(a)  “Person” means any individual, company, corporation, association, partnership, limited liability company, or their agents or employees.
(b)  “Athlete agent” means any person who, as an independent contractor, directly or indirectly, recruits or solicits any person to enter into any agent contract or professional sport services contract, or for a fee procures, offers, promises, or attempts to obtain employment for any person with a professional sport team or as a professional athlete.
“Athlete agent” does not include any employee or other representative of a professional sport team, and does not include any member of the State Bar of California when acting as legal counsel for any person.
(c)  “Agent contract” means any contract or agreement pursuant to which a person authorizes or empowers an athlete agent to negotiate or solicit on behalf of the person with one or more professional sport teams for the employment of the person by one or more professional sport teams, or to negotiate or solicit on behalf of the person for the employment of the person as a professional athlete.
(d)  “Professional sport services contract” means any contract or agreement pursuant to which a person is employed or agrees to render services as a player on a professional sport team or as a professional athlete.

SEC. 183.

 Section 1682 of the Labor Code is amended to read:

1682.
 As used in this chapter:
(a)   “Person” includes any individual, firm, partnership, association, limited liability company, or corporation.  
(b)   “Farm labor contractor” designates any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to these persons.  
(c)   “License” means a license issued by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor under this chapter.  
(d)   “Licensee” means a farm labor contractor who holds a valid and unrevoked license under this chapter.  
(e)   “Fee” shall mean (1) the difference between the amount received by a labor contractor and the amount paid out by him or her to persons employed to render personal services to, for or under the direction of a third person; (2) any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described above, and shall include the difference between any amount received or to be received by him or her, and the amount paid out by him or her, for or in connection with the rendering of such services.  

SEC. 184.

 Section 1700 of the Labor Code is amended to read:

1700.
 As used in this chapter, “person” means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or their agents or employees.

SEC. 185.

 Section 2650 of the Labor Code is amended to read:

2650.
 As used in this part:
(a)   “To manufacture” means to make, process, prepare, alter, repair, or finish in whole or in part, or to assemble, inspect, wrap, or package any articles or materials.  
(b)   “Employer” means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, employs an industrial homeworker.  
(c)   “Home” means any room, house, apartment, or other premises, whichever is most extensive, used in whole or in part as a place of dwelling; and includes outbuildings upon premises that are primarily used as a place of dwelling, where such outbuildings are under the control of the person dwelling on such premises.  
(d)   “Industrial homework” means any manufacture in a home of materials or articles for an employer when such articles or materials are not for the personal use of the employer or a member of his or her family.  
(e)   “Division” means the Division of Labor Standards Enforcement.  
(f)   “Industrial homeworker” means any person who does industrial homework.
(g)   “To employ” means to engage, suffer or permit any person to do industrial homework, or to tolerate, suffer, or permit articles or materials under one’s custody or control to be manufactured in a home by industrial homework.  
(h)   “Person” means any individual, partnership and each partner thereof, corporation, limited liability company, or association.  

SEC. 186.

 Section 2671 of the Labor Code is amended to read:

2671.
 As used in this part:
(a)   “Person” means any individual, partnership, corporation, limited liability company, or association, and includes, but is not limited to, employers, manufacturers, jobbers, wholesalers, contractors, subcontractors, and any other person or entity engaged in the business of garment manufacturing. and subcontractors.  
“Person” does not include any person who manufactures garments by himself or herself, without the assistance of a contractor, employee, or others; any person who engages solely in that part of the business engaged solely in cleaning, alteration, or tailoring; any person who engages in the activities herein regulated as an employee with wages as his or her sole compensation; or any person as provided by regulation.
(b)   “Garment manufacturing” means sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale by any person or any persons contracting to have those operations performed and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. The Department of Industrial Relations shall adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices, but the regulations shall not limit the scope of garment manufacturing, as defined in this subdivision. the above operations performed.  
(c)   “Commissioner” means the Labor Commissioner.  
(d) “Contractor” means any person who, with the assistance of employees or others, is primarily engaged in sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for another person. “Contractor” includes a subcontractor that is primarily engaged in those operations.

SEC. 186.1.

 Section 5156 of the Labor Code is amended to read:

5156.
 As used in this part:
(a)  “Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or by radio, television, or similar communications media, published in connection with the offer or sale of health care contracts.
(b)  “Authorize” means, and “authorized” refers to, an authorization as a workers’ compensation health care provider organization pursuant to Section 5163. “Authorize” shall have no legal meaning outside of health care for occupational injuries or illnesses.
(c)  “Commissioner” means the Commissioner of Corporations.
(d)  “Disclosure form” means any certificate, agreement, contract, brochure, or other materials issued or otherwise disseminated to an employee and employer setting forth the workers’ compensation health care, and terms of that care, as required to be provided by Sections 4600.3 and 4600.5 to which the employee is entitled.
(e)  “Employee” means an individual who has elected to receive workers’ compensation health care from an authorized workers’ compensation health care provider organization.
(f)  “Workers’ compensation health care provider organization” or “organization” means a person organized to provide, either directly or indirectly, workers’ compensation health care.
(g)  “Provider” means any professional person or other person licensed by the state to deliver or furnish workers’ compensation health care.
(h)  “Person” means any person, individual, firm, association, organization, partnership, business trust, foundation, labor organization, corporation, limited liability company, public agency, or political subdivision of the state.
(i)  “Service area” means a geographical area designated by the organization within which the organization shall provide workers’ compensation health care.
(j)  “Solicitation” means any presentation or advertising conducted by, or on behalf of, an organization, where information regarding the organization, or workers’ compensation health care offered and charges therefor, is disseminated for the purpose of inducing persons to subscribe to, or enroll in, the organization.
(k)  “Solicitor” means any person who engages in the acts defined in subdivision (j).
( l)  “Solicitor firm” means any person, other than an organization, who through one or more solicitors, engages in the acts defined in subdivision (k).
(m)  “Workers’ compensation health care” or “health care” means those services, treatment, and care for work-related injuries required by this code.
(n)  All references in this part to financial statements, assets, liabilities, and other accounting items mean such financial statements and accounting items prepared or determined in accordance with generally accepted accounting principles, and fairly presenting the matters that they purport to present, subject to any specific requirement imposed by this part or by the commissioner.

SEC. 187.

 Section 480.2 of the Military and Veterans Code is amended to read:

480.2.
 The following terms, wherever used or referred to in this chapter, shall have the following meanings, respectively, unless a different meaning appears from the context:
(a)  “Department” means the Military Department of the State of California, as the same is constituted by the provisions of Section 50, and any successor to such office, or the Department of Veterans Affairs or the California Housing Finance Agency as to any function assigned pursuant to the provisions of Section 270.04.
(b)  “Person” means any individual, firm, corporation, association, partnership, limited liability company, trust, business trust, or receiver or trustee or conservator for any thereof, but does not include this state or any public corporation, political subdivision, city, county, district, or agency of this state.
(c)  “Purchase contract” means a contract of sale entered into after the effective date of this chapter by the department and a National Guard member covering any property purchased or acquired by the department as may be provided in any resolution of issuance.
(d)  “Resolution of issuance” means a resolution of the department, approved by the National Guard Members’ Finance Committee, pursuant to which revenue bonds are issued, and any amendatory or supplemental resolution.
(e)  “Revenue bond” means any written evidence of any obligation issued by the department pursuant to this chapter, payment of which is secured by a pledge of revenues, as provided in this chapter, irrespective of the form of such obligation.
(f)  “Revenue bondholder” means any person who shall be the bearer or registered owner of any outstanding revenue bond.
(g)  “Revenues” means all income and receipts of the department from the purchase contracts, including, without limiting the generality of the foregoing, all payments received on account of the selling price and interest thereon; expenses and all other charges added to the selling price; insurance proceeds collected on account of loss, damage, or injury to the property; life insurance or disability insurance proceeds received by the department; and all other receipts of whatsoever kind or nature arising out of or incident to the purchase contracts. The term “revenues” also includes all interest or other income from any investment of any moneys in any fund or account established under a resolution of issuance for the payment of the principal of, or interest or premium on, revenue bonds.
(h)  “California National Guard member” shall have the meaning set forth in Section 210.
(i)  “California National Guard Finance Committee” means the committee created pursuant to Section 270.365.

SEC. 188.

 Section 1000.2 of the Military and Veterans Code is amended to read:

1000.2.
 The following terms, wherever used or referred to in this chapter, shall have the following meanings, respectively, unless a different meaning appears from the context:
(a)   “Department” means the Department of Veterans Affairs of the State of California, as the same is constituted by the provisions of Section 63 of this code, and any successor to that such  office.  
(b)   “Veterans’ Debenture Finance Committee” means the committee constituted pursuant to the provisions of Section 1000.3 of this code.  
(c)   “Debenture” means any written evidence of any obligation issued by the department pursuant to this chapter for the financing of programs of the department, or for the refinancing of obligations issued by the department or by the state for those programs,  chapter,  payment of which is secured by a pledge of revenues, as provided in this chapter, irrespective of the form of the such  obligation.  
(d)   “Debenture holder” means any person who shall be the bearer of any outstanding debenture registered to bearer not registered, or the registered owner of any outstanding debenture which shall at the time be registered other than to bearer.  
(e)   “Veteran” shall have the meaning set forth in Section 980 of this code.  
(f)   “Pledged contracts” means contracts of sale entered into by the department and veterans covering any property purchased or acquired by the department from the proceeds of debentures as may be provided in any resolution of issuance and to the extent therein provided.  
(g)   “Surplus money” means funds not required to meet any immediate demand which has accrued against the Veterans’ Farm and Home Building Fund of 1943 without regard to fiscal years.  
(h)   “Revenues” means all income and receipts of the department from the pledged contracts, including, without limiting the generality of the foregoing, all payments received in account of the selling price, interest thereon, expenses and all other charges added to the selling price, insurance proceeds collected on account of loss, damage or injury to the property, life insurance or disability insurance proceeds received by the department, and all other receipts of whatsoever kind or nature arising out of or incident to the pledged contracts.  
The term “revenues” also includes all interest or other income from any investment of any moneys in any fund established under a resolution of issuance for the payment of the principal of, or interest or premium on, debentures.
(i)   “Resolution of issuance” means a resolution of the department, approved by the Veterans’ Debenture Finance Committee, pursuant to which debentures are issued, and any amendatory or supplemental resolutions.  
(j)   “Person” means any individual, firm, corporation, association, partnership, limited liability company, trust, business trust, or receiver or trustee or conservator for any thereof, but does not include this state or any public corporation, political subdivision, city, county, district or agency of this state.  

SEC. 189.

 Section 311 of the Penal Code is amended to read:

311.
 As used in this chapter, the following definitions apply: shall control the meaning of the respective terms: 
(a)   “Obscene matter” means matter, matter  taken as a whole, that which  to the average person, applying contemporary statewide standards, appeals to the prurient interest, that,  and is matter which,  taken as a whole, depicts or describes sexual conduct  in a patently offensive way, and that, way sexual conduct; and which,  taken as a whole, lacks serious literary, artistic, political, or scientific value.  
(1)   If When  it appears from the nature of the matter or the circumstances of its dissemination, distribution, distribution  or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.  
(2)   In prosecutions under this chapter, if where  circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, this such  evidence is probative with respect to the nature of the matter and may can  justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value.  
(3)   In determining whether the matter taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those such  matters, the fact that the defendant knew that the matter depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may which can  be considered in making that determination.  
(b)   “Matter” means any book, magazine, newspaper, newspaper  or other printed or written material, material  or any picture, drawing, photograph, motion picture, or other pictorial representation, representation  or any statue or other figure, or any recording, transcription, transcription  or mechanical, chemical, chemical  or electrical reproduction, reproduction  or any other article, articles,  equipment, machine, machines  or material. materials.  “Matter” also means live or recorded telephone messages if when  transmitted, disseminated, or distributed as part of a commercial transaction.  
(c)   “Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity.  
(d)   “Distribute” means to  transfer possession of, whether with or without consideration.  
(e)   “Knowingly” means being aware of the character of the matter or live conduct.  
(f)   “Exhibit” means to  show.  
(g)   “Obscene live conduct” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, taken as a whole, that which  to the average person, applying contemporary statewide standards, appeals  standards  to the prurient interest and is conduct that, which,  taken as a whole, depicts or describes sexual conduct  in a patently offensive way sexual conduct  and that, which,  taken as a whole, lacks serious literary, artistic, political, or scientific value.  
(1)   If When  it appears from the nature of the conduct or the circumstances of its production, presentation, presentation  or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the conduct shall be judged with reference to its intended recipient group.  
(2)   In prosecutions under this chapter, if where  circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the conduct and may can  justify the conclusion that the conduct lacks serious literary, artistic, political, or scientific value.  
(3)   In determining whether the live conduct taken as a whole lacks serious literary, artistic, political, or scientific value in description or representation of those such  matters, the fact that the defendant knew that the live conduct depicts persons under the age of 16 years engaged in sexual conduct, as defined in subdivision (c) of Section 311.4, is a factor that may which can  be considered in making that determination.  
(h) The Legislature expresses its approval of the holding of People v. Cantrell, 7 Cal. App. 4th 523, that, for the purposes of this chapter, matter that “depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct” is limited to visual works that depict that conduct.

SEC. 190.

 Section 313 of the Penal Code is amended to read:

313.
 As used in this chapter:
(a)   “Harmful matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.  
(1)   When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.  
(2)   In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value for minors.  
(b)   “Matter” means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. “Matter” also includes live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.  
(c)   “Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity.  
(d)   “Distribute” means to transfer possession of, whether with or without consideration.  
(e)   “Knowingly” means being aware of the character of the matter.  
(f)   “Exhibit” means to show.  
(g)   “Minor” means any natural person under 18 years of age.  

SEC. 191.

 Section 374.2 of the Penal Code is amended to read:

374.2.
 (a)   It is unlawful for any person to maliciously discharge, dump, release, place, drop, pour, or otherwise deposit, or to maliciously cause to be discharged, dumped, released, placed, dropped, poured, or otherwise deposited, any substance capable of causing substantial damage or harm to the operation of a public sewer sanitary facility, or to deposit in commercial quantities any other substance, into a manhole, cleanout, or other sanitary sewer facility, not intended for use as a point of deposit for sewage, which is connected to a public sanitary sewer system, without possessing a written authorization therefor granted by the public entity which is charged with the administration of the use of the affected public sanitary sewer system or the affected portion of the public sanitary sewer system.  
As used in this section, “maliciously” means an intent to do a wrongful act.
(b)   For the purposes of this section “person” means an individual, trust, firm, partnership, joint stock company, limited liability company, or corporation, and “deposited in commercial quantities” refers to any substance deposited or otherwise discharged in any amount greater than for normal domestic sewer use.  
(c)   Lack of specific knowledge that the facility into which the prohibited discharge or release occurred is connected to a public sanitary sewer system shall not constitute a defense to a violation charged under this section.  
(d)   Any person who violates this section shall be punished by imprisonment in the county jail for not more than one year, or by a fine of up to twenty-five thousand dollars ($25,000), or by both a fine and imprisonment. If the conviction is for a second or subsequent violation, the person shall be punished by imprisonment in the county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170  in the state prison  for 16, 20, or 24 months, and by a fine of not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000).  

SEC. 192.

 Section 498 of the Penal Code is amended to read:

498.
 (a)   The following definitions govern the construction of this section:  
(1)   “Person” means any individual, or any partnership, firm, association, corporation, limited liability company, or other legal entity.  
(2)   “Utility” means any electrical, gas, or water corporation as those terms are defined in the Public Utilities Code, and electrical, gas, or water systems operated by any political subdivision.  
(3)   “Customer” means the person in whose name utility service is provided.  
(4)   “Utility service” means the provision of electricity, gas, water, or any other service provided by the utility for compensation.  
(5)   “Divert” means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility.  
(6)   “Tamper” means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function.  
(7)   “Reconnection” means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility.  
(b)   Any person who, with intent to obtain for himself or herself utility services without paying the full lawful charge therefor, or with intent to enable another person to do so, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following shall be guilty of a misdemeanor:  
(1)   Diverts or causes to be diverted utility services, by any means. means whatsoever.  
(2)   Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.  
(3)   Tampers with any property owned by or used by the utility to provide utility services.  
(4)   Makes or causes to be made any connection with or reconnection with property owned or used by the utility to provide utility services without the authorization or consent of the utility.  
(5)   Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that the diversion, tampering, or unauthorized connection existed at the time of that use, or that the use or receipt was otherwise without the authorization or consent of the utility.  
(c)   In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section shall permit an inference that the customer or person intended to and did violate this section:  
(1)   Any instrument, apparatus, or device primarily designed to be used to obtain utility services without paying the full lawful charge therefor.  
(2)   Any meter that has been altered, tampered with, or bypassed so as to cause no measurement or inaccurate measurement of utility services.  
(d)   If the value of all utility services obtained in violation of this section totals more than nine four  hundred fifty  dollars ($950) ($400)  or if the defendant has previously been convicted of an offense under this section or any former section which would be an offense under this section, or of an offense under the laws of another state or of the United States which would have been an offense under this section if committed in this state, then the violation is punishable by imprisonment in a the  county jail for not more than one year, or in the state prison.  
(e)   This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state.  

SEC. 193.

 Section 574 of the Penal Code is amended to read:

574.
 As used in this chapter, the following terms have the following meanings:
(a)   “Buyer” has the meaning set forth in subdivision (c) of Section 2981 of the Civil Code.  
(b)   “Conditional sale contract” has the meaning set forth in subdivision (a) of Section 2981 of the Civil Code. Notwithstanding subdivision (k) of Section 2981 of the Civil Code, “conditional sale contract” includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.  
(c)   “Direct loan agreement” means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased.  
(d)   “Lease contract” means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7 of the Civil Code. Notwithstanding subdivision (d) of Section 2985.7 of the Civil Code, “lease contract” includes a lease for business or commercial purposes.  
(e)   “Motor vehicle” means any vehicle required to be registered under the Vehicle Code.  
(f)   “Person” means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.  
(g)   “Purchaser” has the meaning set forth in paragraph (30) of subdivision (b) subdivision (33)  of Section 1201 of the Commercial Code.  
(h)   “Security agreement” and “secured party” have the meanings set forth, respectively, in paragraphs (74) (  l)  and (73) (m)  of subdivision (a) (1)  of Section 9102 9105  of the Commercial Code. “Security interest” has the meaning set forth in paragraph (35) of subdivision (b) subdivision (37)  of Section 1201 of the Commercial Code.  
(i)   “Seller” has the meaning set forth in subdivision (b) of Section 2981 of the Civil Code, and includes the present holder of the conditional sale contract.  

SEC. 194.

 Section 632 of the Penal Code is amended to read:

632.
 (a)   A Every  person who, intentionally and without the consent of all parties to a confidential communication, uses an  by means of any  electronic amplifying or recording device to eavesdrop  device, eavesdrops  upon or record records  the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation,  ($2,500),  or imprisonment in a the  county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation,  ($10,000),  by imprisonment in a the  county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.  
(b) For   the purposes of this section, “person” means The term “person” includes  an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.  
(c) For   the purposes of this section,  The term  “confidential communication” means includes  any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, executive  or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.  
(d)   Except as proof in an action or prosecution for violation of this section, no  evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section is not shall be  admissible in any judicial, administrative, legislative, or other proceeding.  
(e)   This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, employees  or agents thereof, if where  the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct, conduct  or operation of the services and facilities of the public utility, or  (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.  
(f)   This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear.  

SEC. 195.

 Section 637.5 of the Penal Code is amended to read:

637.5.
 (a)   No person who owns, controls, operates, or manages a satellite or  cable television corporation, or who leases channels on a satellite or  cable system shall:  
(1)   Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that which  take place inside a subscriber’s residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or  cable television corporation may conduct electronic sweeps of subscriber households to monitor for signal quality.  
(2)   Provide any person with any individually identifiable information regarding any of its subscribers, including, but not limited to, the subscriber’s television viewing habits, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or any other personal or private information, without the subscriber’s express written consent.  
(b)   Individual subscriber viewing responses or other individually identifiable information derived from subscribers may be retained and used by a satellite or  cable television corporation only to the extent reasonably necessary for billing purposes and internal business practices, and to monitor for unauthorized reception of services. A satellite or  cable television corporation may compile, maintain, and distribute a list containing the names and addresses of its subscribers if the list contains no other individually identifiable information and if subscribers are afforded the right to elect not to be included on the list. such lists.  However, a satellite or  cable television corporation shall maintain adequate safeguards to ensure the physical security and confidentiality of the  any such  subscriber information.  
(c)   A satellite or  cable television corporation shall not make individual subscriber information available to government agencies in the absence of legal compulsion, including, but not limited to, a court order or subpoena. If requests for such  information are made, a satellite or  cable television corporation shall promptly notify the subscriber of the nature of the request and what government agency has requested the information prior to responding unless otherwise prohibited from doing so by law.  
Nothing in this section shall be construed to prevent local franchising authorities from obtaining information necessary to monitor franchise compliance pursuant to franchise or license agreements. This information shall be provided so as to omit individually identifiable subscriber information whenever possible. Information obtained by local franchising authorities shall be used solely for monitoring franchise compliance and shall not be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the  6250), Division 7, Title 1,  Government Code).
(d)   Any individually identifiable subscriber information gathered by a satellite or  cable television corporation shall be made available for subscriber examination within 30 days of receiving a request by a subscriber to examine the such  information on the premises of the corporation. Upon a reasonable showing by the subscriber that the information is inaccurate, a satellite or  cable television corporation shall correct the information. such information. Subscribers shall bear all costs of copying any records or information gathered by the cable television corporation and supplied to the subscriber.  
(e)   Upon a subscriber’s application for satellite or  cable television service, including, but not limited to, interactive service, a satellite or  cable television corporation shall provide the applicant with a separate notice in an appropriate form explaining the subscriber’s right to privacy protection afforded by this section.  
(f)   As used in this section:  
(1)   “Cable television corporation” shall have the same meaning as that term is given by Section 216.4 215.5  of the Public Utilities Code.  
(2)   “Individually identifiable information” means any information identifying an individual or his or her use of any service provided by a satellite or  cable system other than the mere fact that the such  individual is a satellite or  cable television subscriber. “Individually identifiable information” shall not include anonymous, aggregate, or any other information that does not identify an individual subscriber of a video provider service. 
(3)   “Person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government, or subdivision thereof, whether federal, state, or local.  
(4)   “Interactive service” means any service offered by a satellite or  cable television corporation involving the collection, reception, aggregation, storage, or use of electronic information transmitted from a subscriber to any other receiving point under the control of the satellite or  cable television corporation, or vice versa.  
(g)   Nothing in this section shall be construed to limit the ability of a satellite or  cable television corporation to market satellite or  cable television or ancillary services to its subscribers.  
(h)   Any person receiving subscriber information from a satellite or  cable television corporation shall be subject to the provisions of this section.  
(i)   Any aggrieved person may commence a civil action for damages for invasion of privacy against any satellite or  cable television corporation, service provider, or person that leases a channel or channels on a satellite or  cable television system that violates the provisions of this section.  
(j)   Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars ($3,000), or by imprisonment in the county jail not exceeding one year, or by both that such  fine and imprisonment.  
(k)   The penalties and remedies provided by subdivisions (i) and (j) are cumulative, and shall not be construed as restricting any penalty or remedy, provisional or otherwise, provided by law for the benefit of any person, and no judgment under this section shall preclude any person from obtaining additional relief based upon the same facts.  
(  l)   The provisions of this section are intended to set forth minimum state standards for protecting the privacy of subscribers to cable television services and are not intended to preempt more restrictive local standards.  

SEC. 196.

 Section 639 of the Penal Code is amended to read:

639.
 Every person who gives, offers, or agrees to give to any director, officer, or employee of a financial institution any emolument, gratuity, or reward, or any money, property, or thing of value for his own personal benefit or of personal advantage, for procuring or endeavoring to procure for any person a loan or extension of credit from such financial institution is guilty of a felony.
As used in this section and Section 639a, “financial institution” means any person or persons engaged in the business of making loans or extending credit or procuring the making of loans or extension of credit, including, but not limited to, state and federal banks, savings and loan associations, trust companies, industrial loan companies, personal property brokers, consumer finance lenders, commercial finance lenders, credit unions, escrow companies, title insurance companies, insurance companies, small business investment companies, pawnbrokers, and retirement funds.
As used in this section and Section 639a the word “person” includes any person, firm, partnership, association, corporation, limited liability company, company, syndicate, estate, trust, business trust, or organization of any kind.

SEC. 197.

 Section 653h of the Penal Code is amended to read:

653h.
 (a)   Every person is guilty of a public offense punishable as provided in subdivisions (b) and (c), who:  
(1)   Knowingly and willfully transfers or causes to be transferred any sounds that have been recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for commercial advantage or private financial gain through public performance, the article on which the sounds are so transferred, without the consent of the owner.  
(2)   Transports for monetary or like consideration within this state or causes to be transported within this state any such article with the knowledge that the sounds thereon have been so transferred without the consent of the owner.  
(b)   Any person who has been convicted of a violation of subdivision (a), shall be punished by imprisonment in the county jail not to exceed one year, by imprisonment pursuant to subdivision (h) of Section 1170  in the state prison  for two, three, or five years, or by a fine not to exceed five two  hundred fifty  thousand dollars ($500,000), ($250,000),  or by both that fine and imprisonment,  both,  if the offense involves the transfer or transportation, or conduct causing that transfer or transportation, of not less than 1,000 of the articles described in subdivision (a).  
(c)   Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (b), shall be punished by imprisonment in the county jail not to exceed one year, or by a fine of not more than fifty twenty-five  thousand dollars ($50,000), ($25,000),  or by both that fine and imprisonment.  both.  A second or subsequent conviction under subdivision (a) not described in subdivision (b) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170  in the state prison  or by a fine not to exceed two one  hundred thousand dollars ($200,000), ($100,000),  or by both that fine and imprisonment. both.  
(d)   Every person who offers for sale or resale, or sells or resells, or causes the sale or resale, or rents, or possesses for these purposes, any article described in subdivision (a) with knowledge that the sounds thereon have been so transferred without the consent of the owner is guilty of a public offense.  
(1)   A violation of subdivision (d) involving not less than 100 of those articles shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed twenty ten  thousand dollars ($20,000), ($10,000),  or by both that fine and imprisonment.  both.  A second or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170,  in the state prison,  or by a fine not to exceed fifty twenty-five  thousand dollars ($50,000), ($25,000),  or by both that fine and imprisonment. both.  
(2)   A person who has been convicted of any violation of this subdivision not described in paragraph (1) shall be punished by imprisonment in the county jail not to exceed six months or by a fine not to exceed ten five  thousand dollars ($10,000), ($5,000),  or by both that fine and imprisonment.  both.  A second conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or by a fine not to exceed twenty ten  thousand dollars ($20,000), ($10,000),  or by both that fine and imprisonment.  both.  A third or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170,  in the state prison,  or by a fine not to exceed fifty twenty-five  thousand dollars ($50,000), ($25,000),  or by both that fine and imprisonment. both.  
(e)   As used in this section, “person” means any individual, partnership, partnership’s member or employee, corporation, limited liability company, association or corporation or association employee, officer or director; “owner” means the person who owns the original master recording embodied in the master phonograph record, master disc, master tape, master film or other article used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is or can be recorded, and from which the transferred recorded sounds are directly or indirectly derived; and “master recording” means the original fixation of sounds upon a recording from which copies can be made.  
(f)   This section shall neither enlarge nor diminish the right of parties in private litigation.  
(g)   This section does not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds (other than from the sound track of a motion picture) intended for, or in connection with, with  broadcast transmission or related uses, or for archival purposes.  
(h)   This section does not apply to any not-for-profit educational institution or any federal or state governmental entity, if the institution or entity has as a primary purpose the advancement of the public’s knowledge and the dissemination of information regarding America’s musical cultural heritage, provided that this purpose is clearly set forth in the institution’s or entity’s charter, bylaws, certificate of incorporation, or similar document, and the institution or entity has, prior to the transfer, made a good faith effort to identify and locate the owner or owners of the sound recordings to be transferred and, provided that the owner or owners could not be and have not been located. Nothing in this section shall be construed to relieve an institution or entity of its contractual or other obligation to compensate the owners of sound recordings to be transferred. In order to continue the exemption permitted by this subdivision, the institution or entity shall make continuing efforts to locate such owners and shall make an annual public notice of the fact of the transfers in newspapers of general circulation serving the jurisdictions where the owners were incorporated or doing business at the time of initial affixations. The institution or entity shall keep on file a record of the efforts made to locate such owners for inspection by appropriate governmental agencies.  
(i)   This section applies only to those such  articles that were initially mastered prior to February 15, 1972.  

SEC. 198.

 Section 653.56 of the Penal Code is amended to read:

653.56.
 For purposes of this chapter:
(a)   “Compensation” means money, property, or anything else of value.  
(b)   “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Immigration and Customs Enforcement, Naturalization Service,  the United States Department of State, State  or the United States Department of Labor.  
(c)   “Person” means any individual, firm, partnership, corporation, limited liability company, association, other organization, or any employee or agent thereof.  
(d)   “Preparation” means giving advice on an immigration matter and includes drafting an application, brief, document, petition, petition  or other paper, or completing a form provided by a federal or state agency in an immigration matter.  

SEC. 199.

 Section 11207 of the Penal Code is amended to read:

11207.
 “Person,” as used in this article, means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.

SEC. 200.

 Section 11234 of the Penal Code is amended to read:

11234.
 “Person” as used in this article means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.

SEC. 201.

 Section 12277 of the Penal Code is amended to read:

12277.
 As used in this chapter, “person” means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.

SEC. 202.

 Section 56 of the Probate Code is amended to read:

56.
 “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.

SEC. 203.

 Section 2004 of the Public Resources Code is amended to read:

2004.
 “Person” includes any individual, firm, association, corporation, organization, limited liability company, or partnership, or any city, county, district, or the state or any department or agency thereof.

SEC. 204.

 Section 3316.1 of the Public Resources Code is amended to read:

3316.1.
 As used in this article, “person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind and includes the state and any city, county, city and county, district or any department, agency or instrumentality of the state or of any governmental subdivision whatsoever.

SEC. 205.

 Section 3460 of the Public Resources Code is amended to read:

3460.
 (a)   As used in this article:  
(1)   “Used oil” has the same meaning as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code.  
(2)   “Recycle” means to prepare used oil for reuse as a petroleum product by refining, reclaiming, reprocessing, or other means, in order to attain the standards specified by paragraph (3) of subdivision (a) subdivision (c)  of Section 25250.1 of the Health and Safety Code. “Recycle” does not include the application of used oil to roads for the purpose of dust control or to the ground for the purpose of weed abatement. “Recycle” does not include incineration or burning of used oil as a fuel.  
(3)   “Board” means the California Integrated  Waste Management Board.  
(4)   “Person” means any individual, private or public corporation, partnership, limited liability company, cooperative, association, estate, municipality, political or jurisdictional subdivision, or government agency or instrumentality.  
(b)   The amendments made to this section by Chapter 1123  at the 1987 portion  of the Statutes of 1987  1987–88 Regular Session of the Legislature  do not affect the validity of any existing regulations of the State  Department of Toxic Substances Control  Health Services  relating to the management of used oil blended or diluted with virgin oil or any partially refined oil product as a hazardous waste, and do not affect the authority of the State  Department of Toxic Substances Control  Health Services  to prohibit blending or diluting used oil with an uncontaminated product to achieve the standards for recycled oil, as specified in paragraph (3) of subdivision (a) subdivision (c)  of Section 25250.1 of the Health and Safety Code.  

SEC. 206.

 Section 3635.1 of the Public Resources Code is amended to read:

3635.1.
 “Person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind and includes the state and any city, county, city and county, district or any department, agency, or instrumentality of the state or of any governmental subdivision whatsoever.

SEC. 207.

 Section 4101 of the Public Resources Code is amended to read:

4101.
 “Person” includes any agency of the state, county, city, district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, limited liability company, or company.

SEC. 208.

 Section 4464 of the Public Resources Code is amended to read:

4464.
 Unless the context clearly requires otherwise, the following definitions govern the construction of this chapter:
(a) “Hazardous   fuel reduction” means the application of practices to wild lands, the primary impact of which to the vegetation is generally limited to the reduction of surface and ladder wild land fuels. These practices include, but are not limited to, prescribed fire, piling by machine or by hand in preparation for burning, thinning, pruning, or grazing. Treatments that reduce crown densities shall be prescribed only for the purpose of impacting fire behavior, and if it can be reasonably concluded, based on the proposed treatment, that the likelihood for the formation of crown fires is reduced. “Wildland” means any land that is classified as a state responsibility area pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of this part and includes any such land having a plant cover consisting principally of grasses, forbs, or shrubs that are valuable for forage. “Wildland” also means any lands that are contiguous to lands classified as a state responsibility area if wildland fuel accumulation is such that a wildland fire occurring on these lands would pose a threat to the adjacent state responsibility area.  
(b)   “Nonprofit organization” means any California corporation organized under Section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code. “Wildland fuel” means any timber, brush, grass, or other flammable vegetation, living or dead, standing or down.  
(c)   “Person” means any natural person, firm, association, partnership, business trust, corporation, limited liability company, company, nonprofit organization, or a combination of those, or any public agency other than an agency of the federal government. “Wildland fire” means any uncontrolled fire burning on wildland.  
(d)  “Prescribed burning” or “prescribed burning operation” means the planned application and confinement of fire to wildland fuels on wildland selected in advance of such application to achieve any specific objective and any necessary followup activities, such as revegetation and erosion control measures.
(d) (e)   “Prescribed burn crew” means personnel and firefighting equipment of the department that are prepared to contain fire set in a prescribed burning operation and to suppress any fire that escapes during a prescribed burning operation.  
(e) “Prescribed burning” or “prescribed burning operation” means the planned application and confinement of fire to wild land fuels on lands selected in advance of that application to achieve any of the following objectives:
(1) Prevention of high-intensity wild land fires through reduction of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(f)   “Wild land” means any land that is classified as a state responsibility area pursuant to Article 3 (commencing with Section 4125) of Chapter 1 and includes any land having a flammable plant cover. “Wild land” also means any land not classified as a state responsibility area where the geographic location of these lands and accumulation of wild land fuel is such that a wild land fire occurring on these lands would pose a threat to a state responsibility area. “Person” means any natural person, firm, association, partnership, business trust, corporation, limited liability company, company, or combination thereof, or any public agency other than an agency of the federal government.  
(g) “Wild land fire” means any uncontrolled fire burning on wild land.
(h) “Wild land fuel” means any timber, brush, grass, or other flammable vegetation, living or dead, standing or down.

SEC. 209.

 Section 4525 of the Public Resources Code is amended to read:

4525.
 “Person” includes any private individual, organization, partnership, corporation, limited liability company, city, county, district, or the state or any department or agency thereof.

SEC. 210.

 Section 4793 of the Public Resources Code is amended to read:

4793.
 As used in this chapter:
(a)   “A county with high unemployment” means a county with an annual unemployment rate, as reported by the Employment Development Department, higher than the mean annual unemployment rate of “rate adjustment counties” as defined pursuant to the Timber Yield Tax Law (Part 18.5  (commencing with Section 38101) of Division 2 of  38101 of  the Revenue and Taxation Code).  
(b)   “Eligible landowner” means any person who meets the conditions set forth in Sections 4797 and 4799. Where ownership of forest land and timber is not held by the same person, “landowner” means either the person or persons owning the land or the person or persons owning the timber.  
(c)   “Fish and wildlife habitat improvements” means measures designed to protect, maintain, or enhance fish and wildlife habitat including, but not limited to, stream clearance, reestablishment of desirable vegetation along stream channels and elsewhere, measures to encourage habitat diversity, and  restoration of anadromous fisheries, and forest road repair and upgrading that protect, maintain, or enhance fish and wildlife habitat. fisheries.  
(d)   “Followup work” means forest resource improvement work necessary to promote the survival of seed or seedlings planted, or protection or enhancement of other work undertaken, as part of a prior forest resource improvement project pursuant to this chapter.  
(e)   “Forest land” means land at least 10 percent occupied by forest  trees of any size that are native to California, including native oaks,  size,  or formerly having had that such  tree cover and not currently zoned for uses incompatible with forest resource management.  
(f)   “Forest land conservation measures” means measures designed to protect, maintain, or enhance the forest resource system, including soil and watershed values,  values and  diversity of forest species, and protection of a forest stand from fire. These measures include thinning, shaded fuel breaks, and other land treatments or forest resource improvement projects consistent with Section 4794. species.  
(g)   “Forest land with demonstrated potential for improved forest resource management” means forest land that which  could produce significantly greater forest resource benefits if forest resource improvement work was carried out and that which  is not managed for uses incompatible with forest resource management.  
(h)   “Forest resources” means those uses and values associated with forest land, including fish, forage, recreation and aesthetics, soils, timber, watershed, wilderness, and wildlife.  
(i)   “Forest resource system” means the interdependent system of air, water, solar energy, and forest resources, resources  as defined by subdivision (h).  
(j)   “Forest resource improvement work” means the forest resource improvement measures enumerated in Section 4794 for which assistance is authorized pursuant to the provisions of  this chapter.  
(k)   “Forest resource improvement project” means a project undertaken pursuant to Section 4795 or a loan made pursuant to Section 4796.  
(  l)   “Management plan” means a long-term forest and land management plan submitted to the director pursuant to Section 4799.  
(m)   “Person” includes:  
(1)   Any private individual, organization, partnership, limited liability company, or corporation.  
(2)   Except for the purposes of Section 4795 and subdivision (a) of Section 4796, any city, county, or district.  
(n)   “Prevailing rate” means the average annual rate earned by the state on moneys deposited in the Pooled Money Investment Account in the General Fund.  
(o)   “Reforestation” means planting of tree seedlings, cuttings, or seed.  
(p)   “Restocked” means stocking to the degree required by the Z’berg-Nejedly Forest Practice Act of 1973, Chapter 8  1973  (commencing with Section 4511) of Part 2. 4511).  
(q)   “Small business entity” means a business enterprise, including a landowner, with five hundred thousand dollars ($500,000) or less annual gross revenue.  
(r)   “Smaller nonindustrial landowners” means owners of 5,000 acres or less of forest land.  
(s)   “Uses incompatible with forest resource management” means uses not listed in subdivision (h) of Section 51104 or  51100 of the Government Code nor listed pursuant to  Section 51111 of the Government Code by the city or county in which the parcel subject to a forest resource improvement project lies.  
(t)   “Young growth stand improvement” means precommercial thinning or weeding of young growth stands to provide more growing space and release of young trees from competing vegetation.  

SEC. 211.

 Section 6331 of the Public Resources Code is amended to read:

6331.
 As used in this article:
(a)   “Ungranted tidelands” means the tide and submerged lands owned by the State of California which have not been granted in trust to any local agency or to the United States or to private parties.  
(b)   “Local agency” means any county, city, public district, or other public agency.  
(c)   “Person” means any private person, partnership, association, limited liability company, or corporation.  

SEC. 212.

 Section 8750 of the Public Resources Code is amended to read:

8750.
 Unless the context requires otherwise, the following definitions govern the construction of this division:
(a)   “Administrator” means the administrator for oil spill response appointed by the Governor pursuant to Section 8670.4 of the Government Code.  
(b)   “Barges” means any vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion.  
(c)   (1)   “Best achievable protection” means the highest level of protection which can be achieved through both the use of the best achievable technology and those manpower levels, training procedures, and operational methods which provide the greatest degree of protection achievable. The administrator’s determination of best achievable protection shall be guided by the critical need to protect valuable coastal resources and marine waters, while also considering (A) the protection provided by the measures, (B) the technological achievability of the measures, and (C) the cost of the measures.  
(2)   It is not the intent of the Legislature that the administrator use a cost-benefit or cost-effectiveness analysis or any particular method of analysis in determining which measures to require. Instead, it is the intent of the Legislature that the administrator give reasonable consideration to the protection provided by the measures, the technological achievability of the measures, and the cost of the measures when establishing the requirements to provide the best achievable protection for coastal and marine resources.  
(d)   “Best achievable technology” means that technology that which  provides the greatest degree of protection taking into consideration (1) processes that which  are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development, and (2) processes that which  are currently in use anywhere in the world. In determining what is best achievable technology, the administrator shall consider the effectiveness and engineering feasibility of the technology.  
(e)   “Commission” means the State Lands Commission.  
(f)   “Local government” means any chartered or general law city, chartered or general law county or any city and county.  
(g)   “Marine facility” means any facility of any kind, other than a vessel, that which  is or was used for the purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil and is located in marine waters, or is located where a discharge could impact marine waters unless the facility (1) is subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code or (2) is placed on a farm, nursery, logging site, or construction site and does not exceed 20,000 gallons in a single storage tank. For the purposes of this division, a drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform is a “marine facility.” For the purposes of this division, a small craft refueling dock is not a “marine facility.”  
(h)   “Marine terminal” means any marine facility used for transferring oil to or from tankers or barges. For the purposes of this section, a marine terminal includes all piping not integrally connected to a tank facility as defined in subdivision (n) (k)  of Section 25270.2 of the Health and Safety Code.  
(i)   “Marine waters” means those waters subject to tidal influence, except for waters in the Sacramento-San Joaquin Rivers and Delta upstream from a line running north and south through the point where Contra Costa, Sacramento, and Solano Counties meet.  
(j)   “Nonpersistent oil” means a petroleum-based oil, such as gasoline, diesel, or jet fuel, that evaporates which evaporated  relatively quickly. Specifically, it is an oil with hydrocarbon fractions, at least 50 percent of which, by volume, distills at a temperature of 645 degrees Fahrenheit, and at least 95 percent of which, by volume, distills at a temperature of 700 degrees Fahrenheit.  
(k)   “Oil” means any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.  
(  l)   “Onshore facility” means any facility of any kind which is located entirely on lands not covered by marine waters.  
(m)   “Operator” when used in connection with vessels, marine terminals, pipelines, or facilities, means any person or entity that which  owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses that vessel, terminal, pipeline, or facility. “Operator” does not include any entity that which  owns the land underlying the facility or the facility itself, where the entity is not involved in the operations of the facility.  
(n)   “Person” means an individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. “Person” also includes any city, county, city and county, district, and the state or any department or agency thereof, and the federal government, or any department or agency thereof, to the extent permitted by law.  
(o)   “Pipeline” means any pipeline used at any time to transport oil.  
(p)   “Responsible party” or “party responsible” means either of the following:  
(1)   The owner or transporter of oil or a person or entity accepting responsibility for the oil.  
(2)   The owner, operator, or lessee of, or person who charters by demise, any vessel or marine facility or a person or entity accepting responsibility for the vessel or marine facility.  
(q)   “Small craft refueling dock” means a fixed facility having tank storage capacity not exceeding 20,000 gallons in any single storage tank and that dispenses nonpersistent oil to small craft.  
(r)   “Spill” or “discharge” means any release of at least one barrel (42 gallons) of oil not authorized by any federal, state, or local government entity.  
(s)   “State oil spill contingency plan” means the California state  oil spill contingency plan prepared pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code.  
(t)   “Tanker” means any self-propelled, waterborne vessel, constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo.  
(u)   “Vessel” means a tanker or barge as defined in this section.  

SEC. 213.

 Section 21066 of the Public Resources Code is amended to read:

21066.
 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of those entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions. such entities. 

SEC. 214.

 Section 25116 of the Public Resources Code is amended to read:

25116.
 “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. “Person” also includes any city, county, public district or agency, the state or any department or agency thereof, and the United States to the extent authorized by federal law.

SEC. 215.

 Section 25953 of the Public Resources Code is amended to read:

25953.
 As used in this chapter, the following terms have the following meanings:
(a)   “Person” means any individual, partnership, corporation, limited liability company, association, manufacturer, distributor, retailer, contractor or builder as defined in Section 7026 of the Business and Professions Code, or other groups, however organized, who sell or cause to be distributed or installed, any new gas appliance as defined in Section 25950.  
(b)   “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship which manufactures, assembles, produces, or gathers consumer goods.  
(c)   “Distributor” means any individual, partnership, corporation, association or other legal relationship which stands between the manufacturer and the retail seller in purchases, consignments or contracts for sale of consumer goods.  
(d)   “Retail seller,” “retail outlets,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship which engages in the business of selling new goods to retail buyers.  
(e)   “Contractor” for the purpose of this chapter is synonymous with the term “builder” and, within the meaning of this chapter, a contractor is any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term “contractor” includes subcontractor and specialty contractor.  

SEC. 216.

 Section 29117 of the Public Resources Code is amended to read:

29117.
 (a)   “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility; and the federal government, the state, any local government, or any district, or any agency thereof.  
(b)   “Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision made or action appealed; or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns; or who for good cause was unable to do either of the foregoing. “Aggrieved person” includes the applicant for a permit; and, with respect to the approval of the local protection program, or any component thereof, any affected local government.  

SEC. 217.

 Section 30111 of the Public Resources Code is amended to read:

30111.
 “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.

SEC. 218.

 Section 4662 of the Public Utilities Code is amended to read:

4662.
 As used in this chapter, “person” means any individual, firm, partnership, private, municipal or public corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar representative.

SEC. 219.

 Section 5502 of the Public Utilities Code is amended to read:

5502.
 As used in this article, “person” means any individual, firm, partnership, private, municipal or public corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar representative.

SEC. 220.

 Section 21009 of the Public Utilities Code is amended to read:

21009.
 “Person” means any individual, firm, partnership, corporation, limited liability company, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative.

SEC. 221.

 Section 102020 of the Public Utilities Code is amended to read:

102020.
 “Person” includes any individual, firm, partnership, association, corporation, limited liability company, trust, or business trust, or the receiver, trustee, or conservator for any thereof, but does not include a public agency, as defined in Section 102017.

SEC. 222.

 Section 103019 of the Public Utilities Code is amended to read:

103019.
 “Person” includes any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any thereof, but does not include a public agency, as defined in Section 103016.

SEC. 223.

 Section 69.5 of the Revenue and Taxation Code is amended to read:

69.5.
 (a)   (1)   Notwithstanding any other provision of law, pursuant to subdivision (a) of Section 2 of Article XIII   A of the California Constitution, any person over the age of 55 years, or any severely and permanently disabled person, who resides in property that which  is eligible for the homeowners’ homeowner’s  exemption under subdivision (k) of Section 3 of Article XIII of the California Constitution and Section 218 may transfer, subject to the conditions and limitations provided in this section, the base year value of that property to any replacement dwelling of equal or lesser value that which  is located within the same county and is purchased or newly constructed by that person as his or her principal residence within two years of the sale by that person of the original property, provided that the base year value of the original property shall not be transferred to the replacement dwelling until the original property is sold.  
(2)   Notwithstanding the limitation in paragraph (1) requiring that the original property and the replacement dwelling be located in the same county, this limitation shall not apply in any county in which the county board of supervisors, after consultation with local affected agencies within the boundaries of the county, adopts an ordinance making the provisions of paragraph (1) also applicable to situations in which replacement dwellings are located in that county and the original properties are located in another county within this state. The authorization contained in this paragraph shall be applicable in a county only if the ordinance adopted by the board of supervisors complies with all of  the following requirements:  
(A)   It is adopted only after consultation between the board of supervisors and all other local affected agencies within the county’s boundaries.  
(B)   It requires that all claims for transfers of base year value from original property located in another county be granted if the claims meet the applicable requirements of both subdivision (a) of Section 2 of Article XIII   A of the California Constitution and this section.  
(C)   It requires that all base year valuations of original property located in another county and determined by its assessor be accepted in connection with the granting of claims for transfers of base year value.  
(D)   It  The ordinance  provides that its provisions are  shall remain  operative for a period of not less than five years.  
(E)   The ordinance specifies the date on and after which its provisions shall be applicable. However, the date specified shall not be earlier than November 9, 1988. The specified applicable date may be a date earlier than the date the county adopts the ordinance.  
(b)   In addition to meeting the requirements of subdivision (a), any person claiming the property tax relief provided by this section shall be eligible for that relief only if the following conditions are met:  
(1)   The claimant is an owner and a resident of the original property either at the time of its sale, or at the time when the original property was substantially damaged or destroyed by misfortune or calamity, or  sale or  within two years of the purchase or new construction of the replacement dwelling.  
(2)   The original property is eligible for the homeowners’ homeowner’s  exemption, as the result of the claimant’s ownership and occupation of the property as his or her principal residence, either at the time of its sale, or at the time when the original property was substantially damaged or destroyed by misfortune or calamity, or  sale or  within two years of the purchase or new construction of the replacement dwelling.  
(3)   At the time of the sale of the original property, the claimant or the claimant’s spouse who resides with the claimant is at least 55 years of age, or is severely and permanently disabled.  
(4)   At the time of claiming the property tax relief provided by subdivision (a), the claimant is an owner of a replacement dwelling and occupies it as his or her principal place of residence and, as a result thereof, the property is currently eligible for the homeowners’ homeowner’s  exemption or would be eligible for the exemption except that the property is already receiving the exemption because of an exemption claim filed by the previous owner.  
(5)   The original property of the claimant is sold by him or her within two years of the purchase or new construction of the replacement dwelling. For purposes of this paragraph, the purchase or new construction of the replacement dwelling includes the purchase of that portion of land on which the replacement building, structure, or other shelter constituting a place of abode of the claimant will be situated and that, which,  pursuant to paragraph (3) of subdivision (g), constitutes a part of the replacement dwelling.  
(6)   Except (A)   as otherwise provided in paragraph (2) For purposes of paragraph (1)  of subdivision (a), the replacement dwelling, including that portion of land on which it is situated that which  is specified in paragraph (5), is located entirely within the same county as the claimant’s original property.  
(B)  For purposes of paragraph (2) of subdivision (a), the replacement dwelling, including that portion of the land on which it is situated which is specified in paragraph (5), is located entirely within the county.
(7)   The claimant has not previously been granted, as a claimant, the property tax relief provided by this section, except that this paragraph shall not apply to any person who becomes severely and permanently disabled subsequent to being granted, as a claimant, the property tax relief provided by this section for any person over the age of 55 years.  section.  In order to prevent duplication of claims under this section within this state, county assessors shall report quarterly to the State Board of Equalization that information from claims filed in accordance with subdivision (f) and from county records as is specified by the board necessary to identify fully all claims under this section allowed by assessors and all claimants who have thereby received relief. The board may specify that the information include all or a part of the names and social security numbers of claimants and their spouses and the identity and location of the replacement dwelling to which the claim applies. The information may be required in the form of data processing media or other media and in a format that which  is compatible with the recordkeeping processes of the counties and the auditing procedures of the state.  
(c)   The property tax relief provided by this section shall be available if the original property or the replacement dwelling, or both, of the claimant claimant,  includes, but is not limited to, either of the following:  
(1)   A unit or lot within a cooperative housing corporation, a community apartment project, a condominium project, or a planned unit development. If the unit or lot constitutes the original property of the claimant, the assessor shall transfer to the claimant’s replacement dwelling only the base year value of the claimant’s unit or lot and his or her share in any common area reserved as an appurtenance of that unit or lot. If the unit or lot constitutes the replacement dwelling of the claimant, the assessor shall transfer the base year value of the claimant’s original property only to the unit or lot of the claimant and any share of the claimant in any common area reserved as an appurtenance of that unit or lot.  
(2) A manufactured home or a manufactured home and any land owned by the claimant on which the manufactured home is situated. For purposes of this paragraph, “land owned by the claimant” includes a pro rata interest in a resident-owned mobilehome park that is assessed pursuant to subdivision (b) of Section 62.1.
(A) (2)   If the manufactured home or the manufactured home  A mobilehome or a mobilehome and any land owned by the claimant on which the mobilehome is situated. If the mobilehome or the mobilehome  and the land on which it is situated constitutes the claimant’s original property, the assessor shall transfer to the claimant’s replacement dwelling either the base year value of the manufactured home  mobilehome  or the base year value of the manufactured home  mobilehome  and the land on which it is situated, as appropriate. If the manufactured home dwelling that constitutes the original property of the claimant includes an interest in a resident-owned mobilehome park, the  No transfer of base year value shall be made by the assessor of that portion of land which does not constitute a part of the original property, as provided in paragraph (4) of subdivision (g). If the mobilehome or the mobilehome and the land on which it is situated constitutes the claimant’s replacement dwelling, the  assessor shall transfer to the claimant’s replacement dwelling the  the  base year value of the claimant’s manufactured home and his or her pro rata portion of the real property of the park.  original property either to the mobilehome or the mobilehome and the land on which it is situated, as appropriate.  No transfer of base year value shall be made by the assessor of to  that portion of land that which  does not constitute a part of the original property, replacement dwelling,  as provided in paragraph (4) (3)  of subdivision (g).  
(B) If the manufactured home or the manufactured home and the land on which it is situated constitutes the claimant’s replacement dwelling, the assessor shall transfer the base year value of the claimant’s original property either to the manufactured home or the manufactured home and the land on which it is situated, as appropriate. If the manufactured home dwelling that constitutes the replacement dwelling of the claimant includes an interest in a resident-owned mobilehome park, the assessor shall transfer the base year value of the claimant’s original property to the manufactured home of the clai