Today's Law As Amended


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SB-111 State reporting requirements.(2003-2004)



As Amends the Law Today


SECTION 1.

 Section 29 of the Business and Professions Code is amended to read:

29.
 (a) The Board of Psychology and the Board of Behavioral Sciences shall consider adoption of continuing education requirements including training in the area of recognizing chemical dependency and early intervention for all persons applying for renewal of a license as a psychologist, clinical social worker, or  marriage and family therapist, or professional clinical counselor. therapist. 
(b) Prior to the adoption of any regulations imposing continuing education relating to alcohol and other chemical dependency, the boards  board and committee  are urged to consider coursework to include, but not necessarily be limited to, the following topics:
(1) Historical and contemporary perspectives on alcohol and other drug abuse.
(2) Extent of the alcohol and drug abuse epidemic and its effects on the individual, family, and community.
(3) Recognizing the symptoms of alcoholism and drug addiction.
(4) Making appropriate interpretations, interventions, and referrals.
(5) Recognizing and intervening with affected family members.
(6) Learning about current programs of recovery, such as 12 step programs, and how therapists can effectively utilize these programs.

SEC. 2.

 Section 2873.7 of the Business and Professions Code is repealed.

SEC. 3.

 Section 4866 of the Business and Professions Code is amended to read:

4866.
 (a) The board shall establish criteria for the acceptance, denial, or termination of veterinarians and registered veterinary animal health  technicians in a wellness diversion  program. Only those veterinarians and registered veterinary animal health  technicians who have voluntarily requested wellness diversion  treatment and supervision by a wellness diversion  evaluation committee shall participate in a program.
(b) The board shall establish criteria for the selection of administrative physicians who shall examine veterinarians and registered veterinary animal health  technicians requesting wellness diversion  under a program. Any reports made under this article by the administrative physician shall constitute an exception to Sections 994 and 995 of the Evidence Code.
(c) The wellness diversion  program may accept no more than 100 participants who are licensees of the board.

SEC. 4.

 Section 6086.12 of the Business and Professions Code is repealed.

SEC. 5.

 Section 6095 of the Business and Professions Code is amended to read:

6095.
 (a) The State Bar disciplinary agency  shall annually hold at least two public hearings, one in southern California and one in northern California, to hear proposals on bar disciplinary procedures, attorney competency, and admissions procedures.
(b) To the extent the information is known to the State Bar, disciplinary agency,  it shall report annually to the Assembly and Senate Judiciary Committees concerning the judicial or disciplinary disposition of all criminal or disciplinary proceedings involving the allegation of the commission of a felony by an attorney.

SEC. 6.

 Section 6140.2 of the Business and Professions Code is amended to read:

6140.2.
 The State Bar shall set as a goal the improvement of its disciplinary system so that no more than six months will elapse from the receipt of complaints to the time of dismissal, admonishment of the attorney involved, or the filing of formal charges by the State Bar Office of Trial Counsel. As to complaints designated as complicated matters by the Chief Trial Counsel, it shall be the goal and policy of the State Bar to dismiss a complaint, admonish the attorney, or have the State Bar Office of Trial Counsel file formal charges within 12 months after it receives a complaint alleging attorney misconduct. 

SEC. 7.

 Section 9889.60 of the Business and Professions Code is repealed.

SEC. 8.

 Section 9889.62 of the Business and Professions Code is repealed.

SEC. 9.

 Section 9889.64 of the Business and Professions Code is repealed.

SEC. 10.

 Chapter 3 (commencing with Section 1812.40) of Title 2 of Part 4 of Division 3 of the Civil Code is repealed.

SEC. 11.

 Section 529.1 of the Code of Civil Procedure is amended to read:

529.1.
 (a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a construction project which has received all legally required licenses and permits, the defendant may apply to the court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a delay in the construction of the project. The motion shall be made on the grounds that there is no reasonable possibility that the plaintiff will obtain a judgment against the moving defendant and that the plaintiff will not suffer undue economic hardship by filing the undertaking.
(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the defendant shall not exceed five hundred thousand dollars ($500,000).
(c) As used in this section, a construction project includes, but is not restricted to, the construction, surveying, design, specifications, alteration, repair, improvement, maintenance, removal, or demolition of any building, highway, road, parking facility, bridge, railroad, airport, pier or dock, excavation or other structure, development or other improvement to real or personal property.

SEC. 12.

 Section 62000 of the Education Code is amended to read:

62000.
 “Sunset” and “sunset date,” as used in this part, mean the date on which specific categorical programs cease to be operative and Sections 62002, 62003, 62004, 62005, and 62005.5 govern program funding.  
The educational programs referred to in this part shall cease to be operative on the date specified, unless the Legislature enacts legislation to continue the program.

SEC. 13.

 Section 71027 of the Education Code is amended to read:

71027.
 (a) The Board of Governors of the California Community Colleges shall develop, maintain, and disseminate a general common course numbering system for use by the community college districts.
(b) The office of the Chancellor of the California Community Colleges shall absorb the costs of developing, maintaining, and disseminating a general common course numbering system pursuant to this section within the office’s existing resources.

SEC. 14.

 Section 71051 of the Education Code is amended to read:

71051.
 (a) The board of governors shall develop a process for the approval and funding of new collaborative facilities projects that are proposed by community college districts.
(b) The board of governors shall not implement subdivision (a) without statutory authorization.

SEC. 15.

 Section 89343 of the Education Code is amended to read:

89343.
 The Trustees of the California State University and Board of Governors of the California Community Colleges shall evaluate the extent to which their current programs are meeting the needs of foster youth and how those outreach and retention services can be improved.

SEC. 16.

 Section 92640 of the Education Code is amended to read:

92640.
 The Regents of the University of California shall develop policies and procedures to ensure that each campus of the university, in administering any test or examination, permits any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed. This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship that could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship that could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution.

SEC. 17.

 Section 3200 of the Family Code is amended to read:

3200.
 The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes of the development of these standards, the term “provider” shall include any individual who functions as a visitation monitor, as well as supervised visitation centers, including those housed in superior court locations.  centers.  Provisions shall be made within the standards to allow for the diversity of supervised visitation providers.
(a) When developing standards, the Judicial Council shall consider all of the following issues:
(1) The provider’s qualifications, experience, and education.
(2) Safety and security procedures, including ratios of children per supervisor.
(3) Any conflict of interest.
(4) Maintenance and disclosure of records, including confidentiality policies.
(5) Procedures for screening, delineation of terms and conditions, and termination of supervised visitation services.
(6) Procedures for emergency or extenuating situations.
(7) Orientation to and guidelines for cases in which there are allegations of domestic violence, child abuse, substance abuse, or special circumstances.
(8) The legal obligations and responsibilities of supervisors.
(b) The Judicial Council shall consult with visitation centers, mothers’ groups, fathers’ groups, judges, the State Bar of California, children’s advocacy groups, domestic violence prevention groups, Family Court Services, and other groups it regards as necessary in connection with these standards.
(c) It is the intent of the Legislature that the safety of children, adults, and visitation supervisors be a precondition to providing visitation services. Once safety is assured, the best interest of the child is the paramount consideration at all stages and particularly in deciding the manner in which supervision is provided.
(d) Superior court locations may serve as supervised visitation and exchange locations. Superior courts may designate employees and contractors to provide supervised visitation and exchange services or assistance with those services.

SEC. 18.

 Section 20025 of the Family Code is repealed.

SEC. 19.

 Section 20042 of the Family Code is repealed.

SEC. 20.

 Section 715 of the Fish and Game Code is repealed.

715.
 (a) The director, in consultation with the Natural Resources Agency, shall establish a formal program, which may be called the Science Institute, to assist the department and commission in obtaining independent scientific review, and recommendations to help inform the scientific work of the department and the commission. The program shall include one or more ad hoc independent scientific committees consisting of independent scientists who are scientific experts in their fields with expertise in biological sciences and with a range of multidisciplinary expertise pertinent to the work of the department and the commission, and which may be convened pursuant to this section. The purpose of the program shall be to assist the department and the commission in obtaining and establishing an independent and objective view of the scientific issues underlying important policy decisions.
(b) The objectives of the program shall include, but not necessarily be limited to, the following:
(1) Providing independent scientific guidance of the scientific research, monitoring, and assessment programs that support the department’s and the commission’s work with fish and wildlife species and their habitats.
(2) Providing the best available independent scientific information and advice to guide and inform department and commission decisions.
(3) Promoting and facilitating independent scientific peer review.
(4) Promoting science-based adaptive management.
(5) Ensuring scientific integrity and transparency in decisionmaking.
(c) The department may consult with members of the ad hoc scientific committees to assist the department in identifying other independent scientific experts with specialized expertise as needed for independent peer review of department reports, including, but not limited to, status review reports prepared for purposes of informing decisions on petitions for listing of species under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).
(d) The department shall consult with independent scientific advisors to develop and revise as necessary a scientific integrity policy to guide the work of the department and the commission. The scientific integrity policy may include, but is not necessarily limited to, an ethical code of conduct for department scientists, standards for independent peer review, and other best practices for ensuring scientific integrity and public confidence in department and commission work products and decisions.
(e) For marine fisheries and other marine resources, the department may utilize the California Ocean Science Trust for the purposes of this section.

SEC. 21.

 Section 15602 of the Fish and Game Code is repealed.

SEC. 22.

 Section 15603 of the Fish and Game Code is repealed.

SEC. 23.

 Section 15702 of the Fish and Game Code is amended to read:

15702.
 (a) The committee shall be advisory to the director on all matters pertaining to aquaculture and shall coordinate activities among public entities.
(b) The committee shall assist the director in developing and implementing a state aquaculture plan, identify the opportunities for regulatory relief, assist in development of research and development priorities, assist in the development of criteria to assure that publicly financed pilot programs are compatible with industry needs, and identify other opportunities for industrial development.

SEC. 24.

 Section 5029 of the Food and Agricultural Code is amended to read:

5029.
 (a) The department, in consultation with the State Department of Health Services, shall design and implement a program to provide information to persons who reside in areas scheduled to be treated with pesticides on an emergency basis in order to eradicate plant pests.
(b) The purpose of this program is to provide information about the health effects of the pesticides used in eradication projects. The program shall be designed to provide the greatest amount of information practicable to affected citizens. The department shall conduct outreach efforts to inform the public about the existence of this program.

SEC. 25.

 Section 13124 of the Food and Agricultural Code is repealed.

SEC. 26.

 Section 13125 of the Food and Agricultural Code is repealed.

SEC. 27.

 Section 13127 of the Food and Agricultural Code is amended to read:

13127.
 (a) Not later than December 31, 1985, the department shall identify 200 pesticide active ingredients which the department determines have the most significant data gaps and widespread use and which are suspected to be hazardous to people. Not later than 30 days after the report issued pursuant to former Section 13125, as added by Chapter 669 of the Statutes of 1984, the department shall notify each registrant of a pesticide product containing any of the identified 200 pesticide active ingredients of the applicable data gap required to be filled pursuant to this section.
(b) Not later than December 31, 1985, the department shall also adopt a timetable for the filling of all data gaps on all pesticide active ingredients, other than those identified by the department pursuant to subdivision (a), which are currently registered or licensed in California. The department shall notify registrants of the applicable data gaps and the scheduled time to initiate and complete studies as provided in the timetable.  
(c) (1) Not later than September 1, 1986, the department shall determine whether a test has been initiated to fill each of the data gaps for each pesticide active ingredient identified in subdivision (a). If no test has been initiated, the department shall fill data gaps in accordance with procedures provided in subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. In order to carry out this section, the director has the same authority to require information from registrants of active pesticide ingredients and to suspend registration that the Administrator of the Environmental Protection Agency has pursuant to subparagraph (B) of paragraph (2) of subsection (c) of Section 136a of Title 7 of the United States Code. If a hearing is requested regarding the proposed suspension of registration, it shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. On or before July 1, 1986, the director shall, by regulation, prescribe procedures for resolving disputes or funding the filling of data gaps. The procedures may include mediation and arbitration. The arbitration procedures, insofar as practical, shall be consistent with the federal act, or otherwise shall be in accordance with the commercial arbitration rules established by the American Arbitration Association. The procedures shall be established so as to resolve any dispute within the timetable established in subdivision (a).
(2) The department shall also obtain the data which is identified in subdivision (b), according to the timetable and procedures specified in this section.
(d) The director shall review the timetable established by the Environmental Protection Agency for the accelerated registration program under amendments effective in 1989 to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(e) (1) This section does not apply to any product which the director determines has limited use or that substantial economic hardship would result to users due to unavailability of the product and there is not significant exposure to the public or workers and the product is otherwise in compliance with federal law.
(2) The director may not, pursuant to this subdivision, exempt all pesticide products containing the same pesticide active ingredient unless it is determined that the pesticide active ingredient has only limited use, there is insignificant exposure to workers or the public, and the products are otherwise in compliance with federal law. Any exemption issued pursuant to this paragraph shall expire at the end of three years after it is issued.
(f) (1) Whenever the director exercises the authority provided in paragraph (1) of subdivision (e), he or she shall give public notice of the action stating the reasons for exempting the pesticide product from the data requirements of this article. Copies of this notice shall be provided to the appropriate policy committees of the Legislature.  
(2) Whenever the director acts pursuant to paragraph (2) of subdivision (e), the director shall furnish not less than 30 days’ public notice of the proposed action, stating the reasons for exempting the pesticide product from the data requirements of this article and allowing public comment thereon. Copies of the notice and the final decision shall be provided to the appropriate policy committees of the Legislature.

SEC. 28.

 Section 42814 of the Food and Agricultural Code is repealed.

SEC. 29.

 Section 58509 of the Food and Agricultural Code is amended to read:

58509.
 (a) The Secretary of Food and Agriculture  the State and Consumer Services Agency  shall consult with four food bank representatives, two from the northern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two from the southern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two food industry representatives, one wholesaler and one manufacturer, all of whom shall be selected by the Governor and referred to as the Food Bank Advisory Committee.
(b) Members of the committee who are not state employees shall be paid per diem for their actual expenses in attending committee meetings.
(c) The committee shall do all of the following:
(1) Advise the Department of Food and Agriculture State and Consumer Services Agency  in the establishment of new food banks.
(2) Advise in the adequate and efficient distribution of surplus food commodities to all areas of the state.

SEC. 30.

 Section 6276.12 of the Government Code is amended to read:

6276.12.
 Conservatee, confidentiality of the conservatee’s report, Section 1826, Probate Code.
Conservatee, estate plan of, confidentiality of, Section 2586, Probate Code.
Conservatee with disability, confidentiality of report, Section 1827.5, Probate Code.
Conservator, confidentiality of conservator’s birthdate and driver’s license number, Section 1834, Probate Code.
Conservator, supplemental information, confidentiality of, Section 1821, Probate Code.
Conservatorship, court review of, confidentiality of report, Section 1851, Probate Code.
Consumer credit report information prohibited from being furnished for employment purposes, Section 1785.18, Civil Code.
Consumer fraud investigations, access to complaints and investigations, Section 26509, Government Code.
Consumption or utilization of mineral materials, disclosure of, Section 2207.1, Public Resources Code.
Contractor, evaluations and contractor responses, confidentiality of, Section 10370, Public Contract Code.
Contractor, license applicants, evidence of financial solvency, confidentiality of, Section 7067.5, Business and Professions Code.
Controlled Substance Law violations, confidential information, Section 818.7, Government Code.
Controlled substance offenders, confidentiality of registration information, Section 11594, Health and Safety Code.
Cooperative Marketing Association, confidential information disclosed to conciliator, Sections 54453 and 54457, Food and Agricultural Code.
Coroner, inquests, subpoena duces tecum, Sections 27491.8 and 27498, Government Code.
Corporations, commissioner, publication of information filed with commissioner, Section 25605, Corporations Code.
County alcohol programs, confidential information and records, Section 11812, Health and Safety Code.
County Employees’ Retirement, confidential statements and records, Section 31532, Government Code.
County mental health system, confidentiality of client information, Section 5610, Welfare and Institutions Code.
County social services, investigation of applicant, confidentiality, Section 18491, Welfare and Institutions Code.
County social services rendered by volunteers, confidentiality of records of recipients, Section 10810, Welfare and Institutions Code.
Court files, access to, restricted for 60 days, Section 1161.2, Code of Civil Procedure.
Court reporters, confidentiality of records and reporters, Section 68525, Government Code.
Court-appointed special advocates, confidentiality of information acquired or reviewed, Section 105, Welfare and Institutions Code.
Crane employers, previous business identities, confidentiality of, Section 7383, Labor Code.
Credit unions, confidentiality of investigation and examination reports, Section 14257, Financial Code.
Credit unions, confidentiality of employee criminal history information, Section 14409.2, Financial Code.
Credit unions, confidentiality of financial reports, Section 16120, Financial Code.
Criminal defendant, indigent, confidentiality of request for funds for investigators and experts, Section 987.9, Penal Code.
Criminal felon placed in diagnostic facility, confidentiality of report of diagnosis and recommendation, Sections 1203.3 and 1543, Penal Code.
Criminal offender record information, access to, Sections 11076, 11077, 11081, 13201, and 13202, Penal Code.
Criminal records information, disclosure by vendor, Section 11149.4, Penal Code.
Crop reports, confidential, subdivision (e), Section 6254, Government Code.
Customer list of employment agency, trade secret, Section 16607, Business and Professions Code.
Customer list of telephone answering service, trade secret, Section 16606, Business and Professions Code.

SEC. 31.

 Section 6276.30 of the Government Code is amended to read:

6276.30.
 Major Risk Medical Insurance Program, negotiations with health plans, subdivisions (v) and (w) of Section 6254, Government Code.
Mandated blood testing and confidentiality to protect public health, prohibition against compelling identification of test subjects, Section 120975, Health and Safety Code.
Mandated blood testing and confidentiality to protect public health, unauthorized disclosures of identification of test subjects, Section 120980, Health and Safety Code.
Mandated blood testing and confidentiality to protect public health, disclosure to patient’s spouse, sexual partner, needle sharer, or county health officer, Section 121015, Health and Safety Code.
Manufactured home, mobilehome, floating home, confidentiality of home address of registered owner, Section 18081, Health and Safety Code.
Marital confidential communications, Sections 980, 981, 982, 983, 984, 985, 986, and 987, Evidence Code.
Market reports, confidential, subdivision (e), Section 6254, Government Code.
Marketing of commodities, confidentiality of financial information, Section 58781, Food and Agricultural Code.
Marketing orders, confidentiality of processors or distributors’ information, Section 59202, Food and Agricultural Code.
Marriage, confidential, certificate, Section 511, Family Code.
Medi-Cal Benefits Program, confidentiality of information, Section 14100.2, Welfare and Institutions Code.
Medi-Cal Benefits Program, Evaluation Committee, confidentiality of information, Section 14132.6, Welfare and Institutions Code.
Medi-Cal Benefits Program, Request of Department for Records of Information, Section 14124.89, Welfare and Institutions Code.
Medi-Cal Fraud Bureau, confidentiality of complaints, Section 12528, Government Code.
Medical information, disclosure by provider unless prohibited by patient in writing, Section 56.16, Civil Code.
Medical information, types of information not subject to patient prohibition of disclosure, Section 56.30, Civil Code.
Medical and other hospital committees and peer review bodies, confidentiality of records, Section 1157, Evidence Code.
Medical or dental licensee, action for revocation or suspension due to illness, report, confidentiality of, Section 828, Business and Professions Code.
Medical or dental licensee, disciplinary action, denial or termination of staff privileges, report, confidentiality of, Sections 805, 805.1, and 805.5, Business and Professions Code.
Meetings of state agencies, disclosure of agenda, Section 11125.1, Government Code.
Mental institution patient, notification to peace officers of escape, Section 7325.5, Welfare and Institutions Code.
Mentally abnormal sex offender committed to state hospital, confidentiality of records, Section 4135, Welfare and Institutions Code.
Mentally disordered and developmentally disabled offenders, access to criminal histories of, Section 1620, Penal Code.
Mentally disordered persons, court-ordered evaluation, confidentiality of reports, Section 5202, Welfare and Institutions Code.
Mentally disordered or mentally ill person, confidentiality of written consent to detainment, Section 5326.4, Welfare and Institutions Code.
Mentally disordered or mentally ill person, voluntarily or involuntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.01, 5328.02, 5328.05, 5328.1, 5328.15, 5328.2, 5328.3, 5328.4, 5328.5, 5328.7, 5328.8, 5328.9, and 5330, Welfare and Institutions Code.
Mentally disordered or mentally ill person, weapons restrictions, confidentiality of information about, Section 8103, Welfare and Institutions Code.
Milk marketing, confidentiality of records, Section 61443, Food and Agricultural Code.
Milk product certification, confidentiality of, Section 62121, Food and Agricultural Code.
Milk, market milk, confidential records and reports, Section 62243, Food and Agricultural Code.
Milk product registration, confidentiality of information, Section 38946, Food and Agricultural Code.
Milk equalization pool plan, confidentiality of producers’ voting, Section 62716, Food and Agricultural Code.
Mining report, confidentiality of report containing information relating to mineral production, reserves, or rate of depletion of mining operation, Section 2207, Public Resources Code.
Minor, criminal proceeding testimony closed to public, Section 859.1, Penal Code.
Minors, material depicting sexual conduct, records of suppliers to be kept and made available to law enforcement, Section 1309.5, Labor Code.
Misdemeanor and felony reports by police chiefs and sheriffs to Department of Justice, confidentiality of, Sections 11107 and 11107.5, Penal Code.
Monetary instrument transaction records, confidentiality of, Section 14167, Penal Code.
Missing persons’ information, disclosure of, Sections 14201 and 14203, Penal Code.
Morbidity and mortality studies, confidentiality of records, Section 100330, Health and Safety Code.
Motor vehicle accident reports, disclosure, Sections 16005, 20012, and 20014, Vehicle Code.
Motor vehicles, department of, public records, exceptions, Sections 1808 to 1808.7, inclusive, Vehicle Code.
Motor vehicle insurance fraud reporting, confidentiality of information acquired, Section 1874.3, Insurance Code.
Motor vehicle liability insurer, data reported to Department of Insurance, confidentiality of, Section 11628, Insurance Code.
Multijurisdictional drug law enforcement agency, closed sessions to discuss criminal investigation, Section 54957.8, Government Code.

SEC. 32.

 Section 6276.46 of the Government Code is amended to read:

6276.46.
 Unclaimed property, Controller records of, disclosure, Section 1582, Code of Civil Procedure.
Unemployment compensation, disclosure of confidential information, Section 2111, Unemployment Insurance Code.
Unemployment compensation, information obtained in administration of code, Section 1094, Unemployment Insurance Code.
Unemployment compensation, purposes for which use of information may be authorized, Section 1095, Unemployment Insurance Code.
Unemployment fund contributions, publication of annual tax rate, Section 989, Unemployment Insurance Code.
Unsafe working condition, confidentiality of complainant, Section 6309, Labor Code.
Use fuel tax information, disclosure prohibited, Section 9255, Revenue and Taxation Code.
Utility systems development, confidential information, subdivision (e), Section 6254, Government Code.
Vehicle registration, confidentiality of information, Section 4750.4, Vehicle Code.
Vehicle accident reports, disclosure of, Sections 16005, 20012, and 20014, Vehicle Code and Section 27177, Streets and Highways Code.
Vehicular offense, record of, confidentiality five years after conviction, Section 1807.5, Vehicle Code.
Veterans Affairs, Department of, confidentiality of records of contract purchasers, Section 85, Military and Veterans Code.
Veterinarian or animal health technician, alcohol or dangerous drugs diversion and rehabilitation records, confidentiality of, Section 4871, Business and Professions Code.
Victim, statements at sentencing, Section 1191.15, Penal Code.
Victims’ Legal Resource Center, confidentiality of information and records retained, Section 13897.2, Penal Code.
Victims of crimes compensation program, confidentiality of records, subdivision (d), Section 13968, Government Code.
Voter, registration by confidential affidavit, Section 2194, Elections Code.
Voter registration card, confidentiality of information contained in, Section 6254.4, Government Code.
Voting, secrecy, Section 1050, Evidence Code.
Wards and dependent children, inspection of juvenile court documents, Section 827, Welfare and Institutions Code.

SEC. 33.

 Section 8293 of the Government Code is amended to read:

8293.
 (a)  The commission shall file a report at each regular session of the Legislature that shall contain a calendar of topics selected by it for study, including a list of the studies in progress and a list of topics intended for future consideration. The commission shall confine its studies to those topics set forth in the calendar contained in its last preceding report that have been or are thereafter approved for its study by concurrent resolution of the Legislature. The commission shall also study any topic that the Legislature, by concurrent resolution or statute, refers to it for study.
(b) The committee shall prepare an annual report that describes its work in the prior calendar year and its expected work for the subsequent calendar year.

SEC. 34.

 Section 8588.5 of the Government Code is amended to read:

8588.5.
 To promote an increase in the number of trained disaster search dog teams, the office  Office of Emergency Services  shall do all of the following:
(a) Provide instruction to California disaster dog trainers in Swiss techniques.
(b) Work to secure authorization to conduct training for disaster search dog teams at existing facilities operated by the California National Guard and the Department of Transportation on the grounds of Camp San Luis Obispo.
(c) Engage in recruiting activities for the purpose of increasing the number of disaster search dog teams in southern California.
(d) Reimburse disaster search dog handlers and instructors for the costs of their travel and that of their dogs to training facilities within California.

SEC. 35.

 Section 8593.3 of the Government Code is repealed.

8593.3.
 (a) A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is being served by the following:
(1) Emergency communications, including the integration of interpreters, translators, and assistive technology.
(2) Emergency evacuation, including all of the following:
(A) The identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.
(B) Integrating evacuation and transportation plans to account for local community resilience centers.
(C) Ensuring that local community resilience centers are prepared to serve as communitywide assets during extreme heat events and other disasters.
(D) Designating available locations that may be necessary to provide respite to individuals during emergencies, including, but not limited to, extreme heat, cold, or unhealthy air incidents.
(E) Integrating evacuation plans to account for the following:
(i) Community resilience center programs, including, but not limited to, the Integrated Climate Adaptation and Resiliency Program (ICARP) Community Resilience and Heat Grant Program developed by the Office of Planning and Research.
(ii) Fairground resilience center programs, including, but not limited to, the Fairground and Community Resilience Center Grant Program developed by the Department of Food and Agriculture.
(3) Emergency sheltering, including both of the following:
(A) Ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.
(B) Integrating sheltering and transportation plans to account for transportation between community resilience centers and shelters.
(b) A local government may enter into an agreement with a, or may use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city- and county-operated public emergency warning system.
(c) A county, or city and county, upon the next update to its emergency plan, regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, pursuant to subdivision (b), including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.
(d) A local government that enters into an agreement to access information pursuant to subdivision (b) shall include procedures to enable any covered resident or designated emergency contact to opt out of the warning system and a process to terminate the local government’s access to the contact information of the resident or the designated emergency contact from a county social services department. A local government or any third-party contractor or agent that assists with or administers an emergency warning system shall not use the information gathered for any purpose other than for emergency notification. The local government shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.
(e) A local government that enters into an agreement to access information pursuant to subdivision (b) shall, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local government’s access to the contact information of the resident or the designated emergency contact for purposes of the emergency warning system, regardless of the source of the information.
(f) For purposes of this section:
(1) “Access and functional needs population” consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.
(2) “Contact information” means a person’s name, address, telephone number, and email address.
(3) “Local community resilience center” means a hydration station, cooling center, clean air center, respite center, community evacuation and emergency response center, or similar facility established to mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change, such as wildfire, power outages, or flooding, on local populations.
(4) “Local government” means a city or county, including a city and county.
(g) Any contact information of a person from the access and functional needs population or the contact information of the designated emergency contact for that person, obtained by a local government pursuant to this section shall not specify whether that person receives public benefits or any other information, besides the contact information, that would be considered personal or confidential.

SEC. 36.

 Section 8599.1 of the Government Code is repealed.

SEC. 37.

 Section 8870.75 of the Government Code is repealed.

SEC. 38.

 Section 8875.1 of the Government Code is amended to read:

8875.1.
 A program is hereby established within all cities, both general law and chartered, and all counties and portions thereof located within seismic zone 4, as defined and illustrated in Chapter 2-23 of Part 2 of Title 24 of the California Administrative Code, to identify all potentially hazardous buildings and to establish a program for mitigation of identified potentially hazardous buildings.

SEC. 39.

 Section 8877.7 of the Government Code is repealed.

SEC. 40.

 Section 9116 of the Government Code is repealed.

SEC. 41.

 Section 9121 of the Government Code is amended to read:

9121.
 (a) This article shall be deemed and construed to be separate and complete authority for all of the actions authorized by this article, including, but not limited to, the development, design, construction, operation, maintenance, and financing of the project, and all acts related thereto, and the transfer and relocation of the present occupants of the buildings to new facilities. To the extent that this article is inconsistent with any other general statute or special act or parts thereof, or any local government laws, rules, and regulations, now or hereafter enacted, this article is controlling.
(b) Notwithstanding any other provision of law, the project authorized by this article shall be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and Division 13 (commencing with Section 21000) of the Public Resources Code.
(c) The project authorized by this article shall not be subject to any other state or local government requirement, limitation, or control, including, but not limited to, zoning and building permits.
(d) This article shall be liberally construed to effect its purpose and in a manner that will promote the acquisition, construction, renovation, improvement, and financing of the project.
(e) Notwithstanding any other provision of this article, no funds shall be expended for the destruction, removal, remodeling, or rehabilitation of the existing buildings on the project property prior to the completion of the feasibility study required pursuant to former Section 9116, as added by Chapter 1366 of the Statutes of 1989, and the approval of the funding source and the project scope and cost by a subsequently enacted resolution of both houses of the Legislature.

SEC. 42.

 Section 11011.15 of the Government Code is amended to read:

11011.15.
 (a) The Department of General Services shall maintain a complete and accurate statewide inventory of all real property held by the state and categorize that inventory by agency and geographical location. The inventory shall include all information furnished by agencies pursuant to subdivision (b) and the University of California pursuant to Section 11011.17. The inventory shall be updated annually.
(b) Each agency shall furnish the department, in the format specified by the department, a record of each parcel of real property that it possesses. Each agency shall update its real property holdings through December 31 of the previous year,  holdings,  reflecting any changes, by July 1 of each year. This record shall include, but is not limited to, all of the following information:
(1) The location of the property within the state and the county, the size of the property, including its acreage, and any other relevant property data which the department deems necessary. This latter requirement shall be uniformly applied to all agencies.
(2) The date of the acquisition of the real property, if available.
(3) The manner in which the property was acquired and the purchase price, if available.
(4) A detailed description of the current uses of the property, including specific programmatic uses, and whether the property is fully utilized, partially utilized, or excess, with regard to either an existing or ongoing program of the agency. The agency shall also provide a detailed description of every lease, license, or other agreement relating to the use of the property.
(5) (4)  Any projected future  A description of the current  uses of the property and any projected future uses  during the next five years, as identified pursuant to the five-year infrastructure plan or the agency’s master plan. If the property is not included in the five-year infrastructure plan or the agency’s master plan, or is identified as partially utilized or excess pursuant to paragraph (4), the agency shall provide detailed information regarding the need to continue ownership or management of the property.  three years.  In the case of land held for state park use, for which the  use whose  projected use would exceed a five-year three-year  period, the projected use and estimated date of construction or use shall be furnished.
(6) (5)  A concise description of each major structure located on the property.
(7) (6)  The estimated value of real property declared surplus by the agency and real property where the agency has not identified a current or potential use.
(c) The department shall prepare a separate report and shall update the report annually of all properties declared surplus or properties with no identified current or projected use. The report shall be made available upon request.
(d) The head of each agency shall also certify, on or before July 1 annually, that the agency has accurately and completely reported all property information required by this section and that it has identified any excess property pursuant to Section 11011. The Department of General Services shall maintain the certification notices in a conspicuous place on its Internet Web site.

SEC. 43.

 Section 11011.19 of the Government Code is repealed.

11011.19.
 (a) The State Lands Commission, by July 1, 2011, shall furnish to the Department of General Services a record of each parcel of real property that it possesses that is not already being tracked by the statewide property inventory database. This furnishing requirement shall not apply to public trust lands. The record shall be furnished by the State Lands Commission to the Department of General Services in a uniform format specified by the Department of General Services. The Department of General Services shall consult with the State Lands Commission on the development of the uniform format. The State Lands Commission shall update its record of these real property holdings, reflecting any changes occurring by December 31 of the previous year, by July 1 of each year. Except as provided in subdivision (b), the record shall include all of the following information:
(1) The location of the property within the state and county, the size of the property, including its acreage, and any other relevant property data.
(2) The date of acquisition of the real property, if available.
(3) The manner in which the property was acquired and the purchase price, if available.
(4) A description of the current uses of the property and any projected future uses, if available.
(5) A concise description of each major structure on the property.
(b) For school lands held in trust by the State Lands Commission, the record shall include the location of the property within the state and county and the size of the property, including its acreage.

SEC. 44.

 Section 12092 of the Government Code is amended to read:

12092.
 As used in this article, the following terms apply:
(a) “Agricultural employee” has the same meaning as that term is defined in subdivision (b) of Section 1140.4 of the Labor Code. This section shall be known, and may be cited, as the California Low Income Home Energy Assistance Program. The California Low Income Home Energy Assistance Program may be referred to as the California LIHEAP. 
(b) “Parole” has the same meaning as that term is used in Section 1182(d)(5)(A) of Title 8 of the United States Code, which authorizes the United States Attorney General, on a case-by-case basis, to parole an alien applying for admission to the United States if there is an urgent humanitarian reasons or significant public benefit. The Department of Community Services and Development shall implement the California LIHEAP. 
(c) The California LIHEAP shall be separate from the federal Low-Income Home Energy Assistance Program Block Grant provided for pursuant to the Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C. Sec. 8621, et seq.), which is administered by the Department of Community Services and Development pursuant to Sections 16367.5 to 16367.8, inclusive.
(d) The California LIHEAP established pursuant to this section is separate from and independent of the California LIHEAP established in Chapter 7 of the Statutes of 2001, First Extraordinary Session.
(e) Services provided by the California LIHEAP shall be designed to do both of the following:
(1) Increase energy conservation and reduce demand for energy services in low-income households.
(2) Ensure that the most vulnerable households cope with high energy costs.
(f) The California LIHEAP shall include weatherization and conservation services, energy crisis intervention services, and cash assistance payments.
(g) (1) Persons eligible for the California LIHEAP shall be limited to households with incomes that do not exceed the greater of either of the following:
(A) An amount equal to 60 percent of the state median income.
(B) An amount equal to 80 percent of the median income of the county in which the household is located.
(2) In no area shall households whose income is greater than 250 percent of the federal poverty level for the state be eligible.
(3) Notwithstanding paragraphs (1) and (2), licensed community care facilities serving six or fewer adults or children shall be eligible for weatherization and energy education under California LIHEAP.
(h) The department shall examine the penetration of other energy programs, including, but not limited to, those provided by federal grant funds obtained pursuant to the federal LIHEAP, utility companies, and other parties, to identify the adequacy of services to all of the following:
(1) Elderly persons.
(2) Disabled persons.
(3) Limited-English-speaking persons.
(4) Migrant and seasonal farmworkers.
(5) Households with very young children.
(i) The California LIHEAP funds shall be distributed in grant form by the department so as to ensure that vulnerable populations have comparable access to energy programs.
(j) The department shall ensure that services under the California LIHEAP are delivered subject to all of the following requirements:
(1) The department shall establish reasonable limits for expenditures, including up to 15 percent for outreach and training for consumers.
(2) Grantee agencies shall do special outreach to vulnerable households, including outreach to senior centers, independent living centers, welfare departments, regional centers, and migrant and seasonal farmworkers.
(3) Grantee agencies shall be required to coordinate with other low-income energy programs, and to demonstrate plans for using all energy resources efficiently for maximum outreach to low-income households.
(4) Grantee agencies shall spend the maximum feasible amount of the California LIHEAP funds for weatherization assistance, but in no event shall less than 50 percent of the funds available to the grantee be spent for weatherization purposes. The balance shall be used for cash assistance and energy crisis intervention. The department shall provide grantees with maximum flexibility to use energy crisis and cash assistance funds to resolve energy crises for households and to serve the maximum number of households. Cash assistance payments may be used as a supplement to federal LIHEAP cash assistance payments.
(k) The department shall do all of the following in addition to administering the program:
(1) Explore, with grantee agencies, standards for determining effective, efficient intake procedures, and procedures to combine outreach for federal, state, and utility low-income energy programs into a single intake process.
(2) Report to the policy and budget committees of the Legislature on the extent to which increased flexibility in weatherization measures and flexibility in cash assistance and crisis intervention payments have increased service and reduced energy demand. If barriers to flexibility exist, the report shall identify those barriers.
(3) Report to the policy and budget committees of the Legislature on the number of recipients of service, the number of grantees providing service, categories of expenditure, estimated impact of funds on energy demand, estimated unmet need, and plans for automated and routine reporting of this information.
(l) The department shall distribute funds in the 2001–02 fiscal year as follows:
(1) Funds shall be distributed to have maximum possible impact on reducing energy demand immediately.
(2) First priority shall be to distribute funds through community-based programs with which the department has existing contracts.
(3) If additional capacity is needed beyond the existing network, or if vulnerable populations cannot be served within the existing contracts, the department may develop a request for proposal process to solicit additional grantees.
(c) (m)  “Program”  The department shall limit administrative costs to not more than 2 1/2means a program for an agricultural employee to be granted parole.  percent of the funds expended. For the purposes of this subdivision, “administrative costs” means personnel and overhead costs associated with the implementation of each measure or program. However, “administrative costs” does not include costs associated with the marketing or evaluation of a measure or program. 
(n) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.

SEC. 45.

 Section 12173 of the Government Code is amended to read:

12173.
 (a)  The Secretary of State’s office shall develop a program to utilize electronic modern  communications and information processing technology to  enhance the availability and accessibility of information on statewide candidates and ballot initiatives. This includes making information available online as well as through other information processing technology.
(b) The Secretary of State may electronically send all of the following election information to a voter:
(1) The date of the election.
(2) The voter registration deadline.
(3) Other information that assists the voter in registering to vote or casting a ballot.
(4) Information contained within the state voter information guide pursuant to Section 9082.7.
(c) The Secretary of State may send the information identified in subdivision (b) using one or both of the following methods:
(1) By electronic mail if the Secretary of State has the voter’s email address and provides the voter with an opportunity to opt out of receiving communications.
(2) By text message to the voter’s electronic device if the voter has consented to receiving text messages and the voter has been provided with an opportunity to opt out of receiving communications.

SEC. 46.

 Section 14036.6 of the Government Code is amended to read:

14036.6.
 (a) The Legislature finds and declares all of the following:
(1) Rail passes offering unlimited travel on certain passenger rail and associated transit services for a specified period of time and a fixed price have been a success in Europe, Canada, and Alaska.
(2) A “California Pass,” valid on state-funded intercity and commuter rail lines, state-funded feeder buses, and major local transit systems would be a major benefit to tourism, while at the same time providing a package of transportation options which do not worsen highway congestion.
(3) Use of a single payment mechanism makes existing mass transportation services easier to use, by eliminating the need for familiarity with multiple complex tariffs and the need for correct change.
(b) The department shall investigate, and if feasible implement, a “California Pass” which would be valid, to the extent possible, for all of the following transportation services:
(1) State-funded intercity rail services in the San Diego-Los Angeles, Los Angeles-Santa Barbara, Los Angeles-Fresno-bay area/Sacramento, and Sacramento-bay area rail corridors.
(2) State-funded feeder buses operated in conjunction with the intercity rail services, including, but not limited to, the service operated between Merced and Yosemite National Park for the San Joaquin trains.
(3) Commuter rail services.
(4) Public transit services.
(5) Other transportation services.
(c) The department shall consider offering passes valid for travel over a specified consecutive number of days, as well as so-called “flexi-passes” valid for a specified number of days within a longer period of time. In addition, the department shall develop a procedure for distributing pass revenues to each participating operating entity, and for marketing the pass to prospective users.
(d) Prior to implementing a “California Pass” program, the department shall consult with each participating operating entity. The department shall not adopt procedures for the distribution of pass revenues without first submitting the proposed procedures to each affected operating entity.
(e) Nothing in this section precludes the department from implementing, as an interim measure, any marketing device to increase ridership on state-funded rail and bus services.

SEC. 47.

 Section 14525.6 of the Government Code is repealed.

14525.6.
 Not later than November 15, 2014, and annually thereafter, the department shall, as part of the project delivery report required pursuant to Section 14525.5, report on the difference between the original allocation made by the commission and the actual construction capital and support costs at project close for all state transportation improvement program projects completed during the previous fiscal year.

SEC. 48.

 Section 15814.25 of the Government Code, as added by Section 4 of Chapter 1178 of the Statutes of 1993, is amended to read:

15814.25.
 Energy conservation measures eligible for financing by kindergarten through grade 12 schools shall be limited to those measures recommended pursuant to an energy audit provided by the State Energy Resources Conservation and Development Commission under its existing authority.

SEC. 49.

 Part 14 (commencing with Section 16000) of Division 3 of Title 2 of the Government Code is repealed.

SEC. 50.

 Section 16272.3 of the Government Code is repealed.

SEC. 51.

 Section 16272.5 of the Government Code is amended to read:

16272.5.
 The State Controller, shall total the amounts determined pursuant to former Section 16272.3, as amended by Chapter 332 of the Statutes of 1978, and shall determine the proportion which the amounts submitted by each governing body bears to the total amount of the property taxes reported by all such governing bodies. The percentage determined for each governing body shall be applied to the one hundred twenty-five million dollars ($125,000,000) to determine the dollar share of the surplus allocation for each governing body. The Controller shall then notify in writing each fiscal officer of the allocation which will be made for the 1978–79 fiscal year, on or before July 20, 1978.

SEC. 52.

 Chapter 5 (commencing with Section 16285) of Part 1.5 of Division 4 of Title 2 of the Government Code is repealed.

SEC. 53.

 Section 16367.9 of the Government Code is repealed.

SEC. 54.

 Section 19995.35 of the Government Code is repealed.

SEC. 55.

 Section 19998.5 of the Government Code is repealed.

SEC. 56.

 Section 30605 of the Government Code is repealed.

SEC. 57.

 Section 51015.05 of the Government Code is amended to read:

51015.05.
 (a) The State Fire Marshal shall establish and maintain a centralized database containing information and data regarding the following intrastate pipelines:
(1) Pipelines  Pipelines, as defined in paragraph (3) of subdivision (a) of Section 51010.5,  used for the transportation of crude oil that operate by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.
(2) Pipelines  Pipelines, as defined in paragraph (4) of subdivision (a) of Section 51010.5,  used for the transportation of petroleum in onshore gathering lines located in rural areas.
(b) The database shall include, but is not limited to, an inventory of the pipelines described in subdivision (a), including pipeline locations, ownership, ages, and inspection histories, that are in the possession of the owner or operator of the oil field or other gas facility.
(c) The State Fire Marshal shall regularly update the database and shall make the information in the database available to the public, and to all local, state, and federal agencies.
(d) A Any  state or local governmental agency that regulates, supervises, or exerts authority over a any  pipeline described in subdivision (a) shall report any information or data specified in subdivision (b) in its possession to the State Fire Marshal. That information shall be submitted to the State Fire Marshal in a computer compatible format.
(e) The State Fire Marshal shall conduct a study of the fitness and safety of all pipelines described in subdivision (a), and investigate incentive options that would encourage pipeline replacement or improvements, including, but not limited to, a review of existing regulatory, permit, and environmental impact report requirements and other existing public policies, as may be identified by the Pipeline Safety Advisory Committee and adopted by the State Fire Marshal, that could act as barriers to the replacement or improvement of those pipelines.
(f) The costs of this section shall be funded from federal block grant funds. This section shall become operative only upon receipt of these federal block grant funds as determined by the State Fire Marshal. Upon receipt of these funds the State Fire Marshal shall provide written notice to both houses of the Legislature for publication in their respective journals.

SEC. 58.

 Section 51015.1 of the Government Code is repealed.

51015.1.
 (a) Commencing January 1, 2017, the State Fire Marshal, or an officer or employee authorized by the State Fire Marshal, shall annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the State Fire Marshal to ensure compliance with applicable laws and regulations. By January 1, 2017, the State Fire Marshal shall adopt regulations implementing this subdivision.
(b) For portions of interstate pipelines that are not under the jurisdiction of the State Fire Marshal pursuant to Section 51010.6, the State Fire Marshal shall not become an inspection agent for those pipelines unless all regulatory and enforcement authority over those pipelines is transferred to the State Fire Marshal from the federal Pipeline and Hazardous Materials Safety Administration.
(c) The State Fire Marshal shall revise the fee assessed pursuant to Section 51019 to a level sufficient to cover the costs associated with the implementation of this section.

SEC. 59.

 Section 53117 of the Government Code is repealed.

SEC. 60.

 Article 6.5 (commencing with Section 53125) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code is repealed.

SEC. 61.

 Section 68106 of the Government Code is repealed.

68106.
 (a) (1) In making appropriations for the support of the trial courts, the Legislature recognizes the importance of increased revenues from litigants and lawyers, including increased revenues from civil filing fees. It is therefore the intent of the Legislature that courts give the highest priority to keeping courtrooms open for civil and criminal proceedings. It is also the intent of the Legislature that, to the extent practicable, in the allocation of resources by and for trial courts, access to court services for civil litigants be preserved, budget cuts not fall disproportionately on civil cases, and the right to trial by jury be preserved.
(2) Furthermore, it is the intent of the Legislature in enacting the Budget Act of 2010, which includes increases in civil and criminal court fees and penalties, that trial courts remain open to the public on all days except judicial holidays, Saturdays, and Sundays, and except as authorized pursuant to Section 68115.
(b) (1) A trial court shall provide written notification to the public by conspicuous posting within or about its facilities, on its public Internet Web site, and by electronic distribution to individuals who have subscribed to the court’s electronic distribution service, and to the Judicial Council, not less than 60 days prior to closing any courtroom, or closing or reducing the hours of clerks’ offices during regular business hours on any day except judicial holidays, Saturdays, and Sundays, and except as authorized pursuant to Section 68115. The notification shall include the scope of the closure or reduction in hours, and the financial constraints or other reasons that make the closure or reduction necessary.
(2) (A) The notification required pursuant to paragraph (1) shall include information on how the public may provide written comments during the 60-day period on the court’s plan for closing a courtroom, or closing or reducing the hours of clerks’ offices. The court shall review and consider all public comments received. If the court plan for closing a courtroom, or closing or reducing the hours of clerks’ offices, changes as a result of the comments received or for any other reason, the court shall immediately provide notice to the public by posting a revised notice within or about its facilities, on its public Internet Web site, and by electronic distribution to individuals who have subscribed to the court’s electronic distribution service, and to the Judicial Council. Any change in the court’s plan pursuant to this paragraph shall not require notification beyond the initial 60-day period.
(B) This paragraph shall not be construed to obligate courts to provide responses to the comments received.
(3) Within 15 days of receipt of a notice from a trial court, the Judicial Council shall conspicuously post on its Internet Web site and provide the chairs and vice chairs of the Committees on Judiciary, the Chair of the Assembly Committee on Budget, and the Chair of the Senate Committee on Budget and Fiscal Review a copy of any notice received pursuant to this subdivision. The Legislature intends to review the information obtained pursuant to this section to ensure that California trial courts remain open and accessible to the public.
(c) Nothing in this section is intended to affect, limit, or otherwise interfere with regular court management decisionmaking, including calendar management and scheduling decisions.

SEC. 62.

 Section 68511.4 of the Government Code is repealed.

SEC. 63.

 Section 68515 of the Government Code is repealed.

SEC. 64.

 Section 1179.2 of the Health and Safety Code is amended to read:

1179.2.
 (a) The Health and Welfare Agency shall establish an interdepartmental Task Force on Rural Health to coordinate rural health policy development and program operations and to develop a strategic plan for rural health.
(b) At a minimum, the following state departmental directors, or their representatives, shall participate on this task force:
(1) The Director of Health Services.
(2) The Director of Statewide Health Planning and Development.
(3) The Director of Alcohol and Drug Programs.
(4) The Director of the Emergency Medical Services Authority.
(5) The Director of Mental Health.
(6) The Executive Director of the Managed Risk Medical Insurance Board.
(c) The task force shall review and direct the activities of the Office of Rural Health or the alternative organizational structure, as determined by the Secretary of the Health and Welfare Agency.
(d) The task force shall establish appropriate mechanisms, such as ad hoc or standing advisory committees or the holding of public hearings in rural communities for the purpose of soliciting and receiving input from these communities, including input from rural hospitals, rural clinics, health care service plans, local governments, academia, and consumers.

SEC. 65.

 Section 1205.1 of the Health and Safety Code is repealed.

SEC. 66.

 Section 1275.3 of the Health and Safety Code is amended to read:

1275.3.
 (a) The State Department of Public  Health Services  and the State Department of Developmental Services shall jointly develop and implement licensing and Medi-Cal  regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing. intermediate care facilities/developmentally disabled—nursing. The Director of Health Services shall adopt these regulations as emergency regulations and, notwithstanding any provision of law, shall transmit emergency regulations adopted pursuant to this subdivision directly to the Secretary of State for filing, and regulations shall become effective immediately upon filing. 
The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(b) The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing  intermediate care facilities/developmentally disabled—nursing  receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and  disabled—nursing and  for the monitoring of these needs at regular intervals.
(2) Provide for maximum utilization of generic community resources by clients residing in a facility.
(3) Require the State Department of Developmental Services to review and approve an applicant’s facility  program plan as a prerequisite to  part of  the licensing and certification process.
(4) Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing  disabled—nursing  is needed, consult with the physician who is was  the physician of record at the time the person’s proposed placement is being considered by the interdisciplinary team.
(c) Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.
(d) Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facility/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2018.
(e) (d)  This section shall not supersede Nothing in this section supersedes  the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.

SEC. 67.

 Section 1519 of the Health and Safety Code is repealed.

SEC. 68.

 Section 1520.65 of the Health and Safety Code is repealed.

SEC. 69.

 Section 1522.4 of the Health and Safety Code is amended to read:

1522.4.
 (a) In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes and resource families  of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1) The facility shall have one or more facility managers. “Facility manager,” as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2) The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3) A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4) The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b) An No  employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall not  hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.  
(c) (1) No group home, short-term residential therapeutic program,  home  or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential therapeutic program,  home  or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2) No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential therapeutic program,  home  or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential therapeutic program,  home  or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3) Violation of this subdivision is punishable as a misdemeanor.

SEC. 70.

 Section 1522.6 of the Health and Safety Code is repealed.

SEC. 71.

 Section 1527.9 of the Health and Safety Code is repealed.

SEC. 72.

 Section 1529.3 of the Health and Safety Code is repealed.

SEC. 73.

 Section 1557 of the Health and Safety Code is repealed.

SEC. 74.

 Section 1569.545 of the Health and Safety Code is repealed.

1569.545.
 (a) For purposes of this section, “suspension of new admissions” means a prohibition on admitting new residents to receive care or services in the facility.
(b) The department may order a suspension of new admissions for a facility in either of the following circumstances:
(1) The department finds that the facility has violated this chapter or any applicable regulations, the violation presents a direct and immediate risk to the health, safety, or personal rights of a resident or residents of the facility, and the violation is not corrected immediately.
(2) The facility has failed to pay a fine assessed by the department after the facility’s appeal rights have been exhausted.
(c) A suspension of new admissions for a failure to pay a fine, as described in paragraph (2) of subdivision (b), shall remain in effect until the facility pays the fine assessed by the department.
(d) A suspension of new admissions under paragraph (1) of subdivision (b) shall remain in effect until the department determines that the facility has corrected the violation. The department shall conduct a followup visit to determine compliance within 10 working days following the latest date of correction specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as required in the notice. The department may make unannounced visits after the suspension of new admissions is lifted to ensure that the facility continues to maintain correction of the violation. The department may order another suspension of new admissions or take other appropriate enforcement action if the facility does not maintain correction of the violation.
(e) A licensee may appeal a suspension of new admissions ordered under this section to the director. The department shall adopt regulations that specify the appeal procedure.
(f) A suspension of new admissions ordered under this section shall not be stayed pending the facility’s appeal or request for review.

SEC. 75.

 Section 1596.955 of the Health and Safety Code is amended to read:

1596.955.
 (a) The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between the ages of 18 months and 30 months. This optional toddler program shall be subject to the following basic conditions:
(1) An amended application is submitted to and approved by the department.
(2) No child shall be placed in the preschool program before the age of 30 months without parental permission. A child who is more than 30 months of age may participate in the toddler program with parental permission.
(3) Parents give permission for the placement of their children in the toddler program.
(4) A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.
(5) The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.
(6) The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.
(7) All other preschool regulations are complied with.
(b) The toddler program shall be considered an extension of the preschool license, without the need for a separate license.
(c) The department shall immediately prepare proposed regulations for public hearing which would consider the foregoing basic conditions as well as any additional health and safety safeguards deemed necessary for this age group.
(d) The guidelines in subdivision (a) shall remain in force and effect only until regulations implementing this section are adopted by the department.

SEC. 76.

 Section 1597.01 of the Health and Safety Code is repealed.

SEC. 77.

 Section 1598.3 of the Health and Safety Code is repealed.

SEC. 78.

 Section 6982 of the Health and Safety Code is amended to read:

6982.
 (a) Notwithstanding Section 6952, the West Bay Sanitary District may use the procedures in this chapter to provide alternative or innovative wastewater technologies in the district’s jurisdiction.
(b) The determination of a public health officer pursuant to Section 6955.1 shall include written findings, adopted by the district board of directors, regarding the existing or potential public health hazard.  
(c) “Alternative or innovative wastewater technologies” means either (1) an onsite wastewater disposal system, as defined in Section 6952, or (2) such a system in conjunction with communitywide sewer or sewage systems, if one or more of the components of the system is located on or in close proximity to the real property and employs innovative or alternative wastewater technologies, including, but not limited to, grinder pump pressure sewer systems, septic tank effluent pump pressure sewer systems, vacuum sewer systems, or small-diameter gravity septic tank systems.

SEC. 79.

 Section 11756.5 of the Health and Safety Code is repealed.

11756.5.
 (a) An alcoholism or substance use disorder recovery or treatment facility licensed under this division or an alcohol or other drug program certified by the department in accordance with the alcohol or other drug certification standards established pursuant to Section 11830.1 shall assess each patient or client for use of all tobacco products at the time of the initial intake. This assessment shall include questions recommended in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders under tobacco use disorder, or similar evidence-based guidance, for determining that an individual has a tobacco use disorder.
(b) For a patient or client with tobacco use disorder, a licensed facility or certified program, as described in subdivision (a), shall do all of the following:
(1) Provide information to the patient or client on how continued use of tobacco products could affect their long-term success in recovery from substance use disorder.
(2) Recommend treatment for tobacco use disorder in the treatment plan.
(3) Offer either treatment, subject to the limitation of the license or certification issued by the department, or a referral for treatment for tobacco use disorder.
(c) For purposes of this section, “tobacco products” has the same meaning as in Section 22950.5 of the Business and Professions Code.

SEC. 81.

 Section 11757.62 of the Health and Safety Code is repealed.

SEC. 82.

 Section 11758.10 of the Health and Safety Code is amended to read:

11758.10.
 (a) Within 60 days after notification of the final allocation of each fiscal year pursuant to Section 11814, the board of supervisors of each county requesting to contract for federal funding from the state to provide alcohol and other drug prevention, treatment, and recovery services shall submit to the department, in accordance with Section 11798, a contract for these services. Notwithstanding any other provision of law, the department shall contract with any county that requests to participate in the pilot project for the 1993–94 fiscal year. 
(b) The executed contract shall remain in effect to provide the basis for advance payment until the next year’s contract is executed. The purpose of these county contracts shall be to provide the basis for reimbursements pursuant to this division and to coordinate services pursuant to Part 2 (commencing with Section 11760) in a manner that avoids fragmentation of services and unnecessary expenditures.
(c) A contract for alcohol and other drug services shall not become final until executed by both the contracting county and the department. The contract shall be executed by September 30 of the fiscal year in which the contract will be effective, and shall cover the fiscal year period from July 1 to June 30, inclusive.
(d) (b)  The payments shall be based on appropriations made by the Legislature, and monthly payments shall be adjusted to reflect reductions and deletions made by the Legislature.  pilot project shall terminate on June 30, 1994.  The department shall have the option to either terminate or amend the contract to reflect the reduced funding. The payments shall continue at the adjusted level until the contract is amended to reflect the final Budget Act enacted for the fiscal year and the final allocation to the counties. negotiate, on or before July 1, 1994, multiyear net amount contracts with every county. The department shall allocate funds to each county in accordance with Sections 11814 and 11983. The department shall predicate its contract negotiations on the availability of a mutually agreeable dedicated capacity. 

SEC. 83.

 Section 11758.33 of the Health and Safety Code is repealed.

SEC. 84.

 Chapter 3.5 (commencing with Section 11758.50) of Part 1 of Division 10.5 of the Health and Safety Code is repealed.

SEC. 85.

 Chapter 5 (commencing with Section 11759.10) of Part 1 of Division 10.5 of the Health and Safety Code is repealed.

SEC. 86.

 Section 11772 of the Health and Safety Code is amended to read:

11772.
 (a) (1) The department may enter into agreements and contracts with any person or public or private agency, corporation, or other legal entity, including contracts to pay these entities in advance or reimburse them for alcohol and other drug services provided to individuals experiencing substance use disorders and their families and communities.
(2) The department may make grants to public and private entities that are necessary or incidental to the performance of its duties and the execution of its powers. The department may pay these entities in advance or reimburse them for services provided.
(3) (a)  The Legislature  department may enter into contracts with public or private agencies or make grants necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public or private agencies and individuals, to pay them in advance or reimburse them for services provided to problem drinkers and their families and communities. The Legislature finds and declares that many of the activities required of the department which are necessary to carry out its duties under this part are unique to alcohol services and programs. Therefore, the Legislature  directs the department to contract with any person or  public or private agency, corporation, or other legal entity  agencies or individuals  to perform its duties whenever that expertise is available and appropriate to utilize.
(b) Notwithstanding any other provision of this part, the department may not contract directly for the provision of alcohol and other drug  services except as follows:
(1) To provide referral and monitoring services for recipients of Supplemental Security Income in those counties that choose not to provide these services.
(1) (2)  For demonstration programs of limited duration and scope, which programs, whenever  scope which, wherever  possible, shall be administered through the counties, counties  and which shall be  are  specifically authorized and funded by the Budget Act or other statutes.
(2) (3)  To provide supportive services, such as technical assistance, on a statewide basis, or management and evaluation studies to help ensure assure  more effective implementation of this part.
(3) (c)  When a county decides not to enter into a contract to provide alcohol and drug services or programs, or both, the department shall determine the need for the services or programs, or both, and provide the services or programs, or both,  The Legislature strongly encourages all counties to apply for funds under this part because of the seriousness of alcohol problems in California and the necessity for affirmative governmental involvement to help alleviate alcohol problems. However, the Legislature has chosen not to mandate that counties provide those services and programs. In the absence of local community control of the services and programs, the state shall not intervene to operate  directly or through contract. contract services and programs which the elected county board of supervisors has chosen not to provide to its constituents. 
(c) (1) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific the amendments to this section made by the act that added this subdivision by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions from the department until regulations are adopted pursuant to that chapter of the Government Code.
(2) The department shall adopt emergency regulations no later than July 1, 2014. The department may subsequently readopt any emergency regulation authorized by this subdivision that is the same as or is substantially equivalent to an emergency regulation previously adopted pursuant to this section.
(3) The initial adoption of emergency regulations and the one readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this subdivision shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this subdivision shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.

SEC. 87.

 Section 11782 of the Health and Safety Code is repealed.

SEC. 88.

 Section 11798.1 of the Health and Safety Code is amended to read:

11798.1.
 Notwithstanding any other requirement of this division, any county may, by resolution of its board of supervisors, develop and operate alcohol and drug abuse programs as one coordinated system. In establishing coordinated systems with combined alcohol and drug services, counties shall do all of the following:
(a) Submit a combined alcohol and drug plan, including, but not limited to, a budget of all funds allocated to the county by the department.
(b) Report all of the following to the department:
(1) Utilization of all funds allocated by the department to the county in a combined annual expenditure report pursuant to state and federal requirements.
(2) All information necessary for the department to administer this section, including, but not limited to, information needed to meet federal reporting requirements. This information shall be reported on a form developed by the department in consultation with the County Alcohol and Drug Administrators Association.
(c) Combine drug and alcohol administrations in performance of alcohol and drug program administrative duties pursuant to Sections 11801 and 11963.
(d) In circumstances where any of the participating counties wish to combine treatment programs for persons with both alcohol and drug problems, the county shall first submit its plan and program standards for the treatment programs to the department for approval.
(e) Require combined programs, for planning and reimbursement purposes, to assess or categorize program participants at the time of admission and discharge with regard to whether their primary treatment needs are related to abuse of alcohol or of drugs.
(f) Ensure that combined programs comply with statewide program standards developed pursuant to regulations adopted by the department in consultation with the alcohol and drug administrators.

SEC. 89.

 Section 11831.5 of the Health and Safety Code is amended to read:

11831.5.
 (a) An operator of a licensed  Certification shall be granted by the department pursuant to this section to any  alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the department’s internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. program wishing to receive, and requesting, the certification regardless of the source of the program’s funding. 
(b) The purposes of certification under this section shall be all of the following:
(1) To identify programs that exceed minimal levels of service quality, are in substantial compliance with the department’s standards, and merit the confidence of the public, third-party payers, and county alcohol and drug programs.
(2) To encourage programs to meet their stated goals and objectives.
(3) To encourage programs to strive for increased quality of service through recognition by the state and by peer programs in the alcoholism and drug field.
(4) To assist programs to identify their needs for technical assistance, training, and program improvements.
(c) Certification may be granted under this section on the basis of evidence satisfactory to the department that the requesting alcoholism or drug abuse recovery or treatment program has an accreditation by a statewide or national alcohol or drug program accrediting body. The accrediting body shall be one whose accreditation meets or exceeds the department’s standards and which is recognized by the department.
(b) (d)  A violation of subdivision (a) shall be subject to penalty  No fee shall be levied  by the department pursuant to Section 11831.7. for certification of nonprofit organizations or local governmental entities under this section. 
(e) Certification, or the lack thereof, shall not convey any approval or disapproval by the department, but shall be for information purposes only.
(f) The standards developed pursuant to Section 11830 and the certification under this section shall satisfy the requirements of Section 1463.16 of the Penal Code.
(g) The department and the State Department of Social Services shall enter into an interagency agreement to establish a process by which the Department of Alcohol and Drug Programs can certify residential facilities or programs serving primarily adolescents as defined in paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code, and providing alcoholism and drug recovery or treatment services.

SEC. 90.

 Section 11963.5 of the Health and Safety Code is repealed.

SEC. 91.

 Section 11998.2 of the Health and Safety Code is amended to read:

11998.2.
 (a) “Department,” as used in this division, means the State Department of Alcohol and Drug Programs.
(b) The board of supervisors of each county is encouraged to prepare and adopt a county drug and alcohol abuse master plan, pursuant to paragraph (1) of subdivision (f) of Section 11998.1, that addresses as many of the long-range goals set forth in Section 11998.1 as possible. It is the intent of the Legislature that every county master plan include quantitative outcome objectives that, at a minimum, measure progress in the areas of prevention, education, enforcement, and treatment. It is the intent of the Legislature that these objectives include measurements of:
(1) The reduction of arrests for driving under the influence of drugs or alcohol, or both.
(2) The reduction of alcohol and drug-related arrests.
(3) Increased public education on the dangers of substance abuse and the available prevention techniques including specific measurements of children, parents, and teachers who have received this education.
(4) The reduction of alcohol- and drug-related deaths and injuries.
(5) The increased number of persons successfully completing drug and alcohol abuse services.
If a county master plan is adopted, the board of supervisors or its designee shall, in conjunction with the county advisory boards as established pursuant to paragraph (2) of subdivision (f) of Section 11998.1, annually assess the progress of the county in reaching its long-range goals.
(c) Every county or public or private agency within a county that applies for state or local assistance funds for drug and alcohol abuse efforts in their program, may address, to the extent possible, any long-range goals set forth in a county drug and alcohol abuse master plan established pursuant to subdivision (b), and funding priority may be given to those entities which address these goals within their respective programs.
(d) The Governor shall designate one state agency to act as the lead agency on all drug and alcohol abuse matters.
(e) Every state agency that contracts or grants money to local jurisdictions or programs for drug and alcohol abuse services shall require the submission and shall review the contents of an approved county drug and alcohol abuse master plan, to the extent a plan has been adopted pursuant to subdivision (b).
(f) Every state agency that offers drug and alcohol abuse services or financial assistance shall report annually to the Legislature on its efforts to achieve the master plan goals provided in Section 11998.1. Individual agencies may report separately or in combination with other state agencies.
(g) The department shall send copies of this division to all state-funded social service programs that provide drug and alcohol abuse services.
(h) The department shall maintain copies of every county drug and alcohol abuse master plan for review by other state agencies and the Legislature.
(i) The Governor shall designate one statewide resource center to coordinate efforts of other resource centers statewide and to coordinate with local government and assist in their preparation of drug and alcohol abuse master plans.
(j) The department shall maintain an annually updated listing of all drug and alcohol abuse programs provided or funded by the state. Every other state agency shall regularly provide the department with current information on programs they fund or provide.
(k) The Governor’s Policy Council on Drug and Alcohol Abuse shall review and consider all of the goals contained in Section 11998.1.

SEC. 92.

 Section 13143.7 of the Health and Safety Code is repealed.

13143.7.
 (a) Except as provided in Section 18930, the State Fire Marshal, in consultation with the Department of Corrections and Rehabilitation, shall prepare and adopt regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire in any building or structure used or intended for use as a community correctional reentry facility, as defined in Section 6258 of the Penal Code. The State Fire Marshal shall adopt and submit building standards for approval pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 for the purposes described in this section.
(b) The regulations and building standards developed pursuant to subdivision (a) shall also address buildings and structures that provide residential housing for parolees under contract with the Department of Corrections and Rehabilitation.

SEC. 93.

 Section 16109 of the Health and Safety Code is amended to read:

16109.
 In the event that a project involving buildings utilizing earthquake mitigation technologies and other new seismic resistant design technologies requires design review and plan approval by more than one public agency, the Coordinating Council of the Building Standards Commission shall, to the maximum extent feasible, consolidate the various hearings which may be required in order to minimize the time required for the hearings. This consolidation shall be for procedural purposes only and shall not be construed as consolidating the statutory responsibilities of the public agencies conducting the consolidated hearings.

SEC. 94.

 Section 18944.34 of the Health and Safety Code is repealed.

SEC. 95.

 Section 25159.13 of the Health and Safety Code is repealed.

SEC. 96.

 Section 25159.19 of the Health and Safety Code is amended to read:

25159.19.
 (a) On or before July 1, 1986, the department shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging any hazardous wastes into an injection well. The department shall include in this fee schedule the fees charged for filing a hazardous waste injection statement specified in former Section 25159.13, as added by Chapter 1591 of the Statutes of 1985, the report specified in Section 25159.18, and applications for, and renewals of, the exemptions specified in Section 25159.15. The department shall also include provisions in the fee schedule for assessing a penalty pursuant to subdivision (c). These fees shall be based on the reasonable anticipated costs that will be incurred by the department to implement and administer this article. The department may also request an appropriation to be used in combination with these fees to perform the monitoring, inspections, review of reports, or any other implementation and administrative actions required by this article.
(b) The emergency regulations that set the fee schedule shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department.
(c) The department shall send a notice to each person subject to the fee specified in subdivision (a). If a person fails to pay the fee within 60 days after receipt of this notice, the department shall require the person to pay an additional penalty fee. The department shall set the penalty fee at not more than 100 percent of the assessed fee, but in an amount sufficient to deter future noncompliance, as based upon that person’s past history of compliance and ability to pay, and upon additional expenses incurred by this noncompliance.
(d) The department shall collect and deposit the fees and penalties collected pursuant to this section in the Hazardous Waste Injection Well Account, which is hereby created in the General Fund. The money within the Hazardous Waste Injection Well Account is available, upon appropriation by the Legislature, to the department for purposes of administering this article.
(e) This section applies only to injection wells into which hazardous waste is discharged.

SEC. 97.

 Section 25244.3 of the Health and Safety Code is repealed.

SEC. 98.

 Section 25299.80 of the Health and Safety Code is repealed.

25299.80.
 (a) A person who makes a misrepresentation in any claim, including, but not limited to, a record, report, certification, application, invoice, form, or other document that is submitted to the fund relating to a claim, is subject to civil liability of not more than five hundred thousand dollars ($500,000) for each violation of this subdivision.
(b) Except as provided in subdivision (d), the Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil liability specified in subdivision (a).
(c) Except as provided in subdivision (d), the executive director of the board may impose the civil liability specified in subdivision (a) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.
(d) If the violation by a claimant of subdivision (a) is not knowing, willful, or intentional, the board or an authorized representative shall first issue a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code before an action may be taken pursuant to subdivision (b) or (c).
(e) In determining the amount of civil liability imposed under this section, the executive director of the board, or the court, as the case may be, shall take into account the nature, circumstance, extent, and gravity of the violation, the person’s ability to pay, any prior history of misrepresentations by the person to the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and other matters as justice may require.
(f) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies.
(g) All money collected pursuant to this section shall be deposited into the fund.
(h) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is found to be liable under this section.

SEC. 99.

 Section 25503.2 of the Health and Safety Code is amended to read:

25503.2.
 (a) The Environmental Affairs Agency, with the guidance of the Chemical Emergency Planning and Response Commission, as specified in Section 25503.1, shall develop a hazardous materials compliance assistance manual, which shall include all of the following:
(1) A copy of each form required by federal and state agencies for the reporting of activities concerning hazardous materials and criteria as to who is required to file the form.
(2) The due date for each form specified in paragraph (1).
(3) The address, telephone number, and contact person of each federal and state agency which requires the reporting forms specified in paragraph (1).
(4) An insert that contains a copy of each form used for the reporting of activities concerning hazardous materials required by each local agency under whose jurisdiction the person requesting the manual conducts business, including the due date for each form, and the address, telephone number, and contact person of each local agency.
(5) Any other information that the Environmental Affairs Agency determines to be necessary.
(b) On or before July 1, 1991, the Environmental Affairs Agency, with the guidance of the Chemical Emergency Planning and Response Commission, shall make known to businesses and other interested parties, and distribute, upon request, the hazardous materials compliance assistance manual developed pursuant to subdivision (a). The Secretary of the Environmental Affairs Agency may impose a fee for the manual to pay for all costs related to the development, maintenance, reproduction, and distribution of the manual.

SEC. 100.

 Article 5 (commencing with Section 25547) of Chapter 6.95 of Division 20 of the Health and Safety Code is repealed.

SEC. 101.

 Section 25928 of the Health and Safety Code is repealed.

SEC. 102.

 Section 38045 of the Health and Safety Code is repealed.

SEC. 103.

 Section 39663 of the Health and Safety Code is repealed.

SEC. 104.

 Section 40410.5 of the Health and Safety Code is amended to read:

40410.5.
 (a) There is hereby established within the south coast district a sensitive zone, which shall include the general forecast areas known as the San Gabriel/Pomona Valleys and the Riverside/San Bernardino areas.
(b) In addition to every other requirement for the issuance of a permit, the following requirements shall be applicable to the issuance of a permit by the south coast district for the construction or operation of any stationary source within the sensitive zone:
(1) When emission offsets are required to mitigate the air quality impacts of a stationary source, the offsets shall be secured by the applicant so as to bring about ambient air quality improvements within the sensitive zone. The applicant shall be required to demonstrate, to the satisfaction of the south coast district, that any emissions reductions acquired from stationary sources operating within the South Coast Air Basin will result in a demonstrable net ambient air quality improvement within the sensitive zone.
(2) In considering an application for a permit to construct or operate a stationary source, the south coast district board shall, in addition to making a finding and determination that the impacts of the stationary source will be mitigated so as to result in a net improvement in ambient air quality within the South Coast Air Basin, also make a finding and determination that the impacts of the stationary source can be mitigated so as to result in a net improvement in ambient air quality within the sensitive zone.
(c) The south coast district board shall adopt rules and regulations to implement this section by January 1, 1991.

SEC. 105.

 Section 40452 of the Health and Safety Code is amended to read:

40452.
 The south coast district shall submit an annual report to the state board and the Legislature summarizing its regulatory activities for the preceding calendar year. The report shall include all of the following:
(a) A summary of each major rule and rule amendment adopted by the south coast district board. The summary shall include emission reductions to be accomplished by each rule or regulation; the cost per ton of emission reduction to be achieved from each rule or regulation; other alternatives that were considered through the environmental assessment process; the cost per ton of comparable emission reductions that could have been achieved from each alternative; a statement of the reason why a given alternative was chosen; the conclusions and recommendations of the district’s socioeconomic analysis, including any evaluations of employment impacts; and the source of funding for the rule or regulation. For the purposes of this subdivision, a major rule or rule amendment is one that is intended to significantly affect air quality or that imposes emission limitations.
(b) The number of permits to operate or to construct, by type of industry, that are issued and denied, and the number of permits to operate that are not renewed.
(c) Data on emission offset transactions and applications, by pollutant, during the previous fiscal year, including an accounting of the number of applications for permits for new or modified sources that were denied because of the unavailability of emission offsets.
(d) The district’s forecast of budget and staff increases proposed for the following fiscal year, and projected for the next two fiscal years. Budget and staff increases shall be related to existing programs and rules, and to new programs or rules to be adopted during the following years. The budget forecast shall provide a workload justification for proposed budget and staff changes and shall identify any cost savings to be achieved by program or staff changes. The budget forecast shall include increases in permit fees and other fees proposed for the following fiscal year and projected for the next two fiscal years.
(e) An identification of the source of all revenues collected that are used, or proposed to be used, to finance activities related to either stationary or nonstationary sources.
(f) The results of the clean fuels program as specified in Section 40448.5. This element of the report shall be submitted biennially.

SEC. 106.

 Section 43013.5 of the Health and Safety Code is amended to read:

43013.5.
 For purposes of implementing and enforcing Section 43020, the State Air Resources Board shall purchase and install a wavelength dispersive XRF spectrometer with the capability to analyze gasoline and diesel fuels and other petroleum products for sulfur content according to ASTM procedures specified by regulation.

SEC. 107.

 Section 44245 of the Health and Safety Code is repealed.

SEC. 108.

 Section 44247 of the Health and Safety Code is repealed.

SEC. 109.

 Section 50519 of the Health and Safety Code is amended to read:

50519.
 (a) The Legislature finds and declares that the need for decent housing among individuals of very low and low income is great, and that residential hotels are often the only form of housing affordable to these individuals. Many residential hotels are in poor condition and in need of rehabilitation, and many are being demolished or converted to other uses. The state can play an important role in preserving the existence and improving the quality of this housing resource through sponsoring demonstration projects that will enable local sponsors to acquire, rehabilitate, maintain, or otherwise protect and improve residential hotels as a housing resource for persons of very low and low income. The demonstration projects should be undertaken and designed so as to demonstrate the feasibility of innovative methods of protecting and improving residential hotels and of improving their habitability while assuring their continued availability to persons of very low and low income.
(b) The following definitions govern the construction of this section:
(1) “Residential hotel” means any building containing six or more guestrooms or efficiency units, as defined by Section 17958.1, intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by guests, which is also the primary residence of those guests, but does not mean any building containing six or more guestrooms or efficiency units, as defined by Section 17958.1, which is primarily used by transient guests who do not occupy that building as their primary residence.
(2) “Sponsor” means a local government or nonprofit housing sponsor.
(3) “Persons of low income” shall have the same meaning as persons of low income as defined in Section 50093 of the Health and Safety Code.
(c) The department, in conjunction with the State Fire Marshal, shall develop a model code for the rehabilitation of residential hotels. The department shall adopt the code on or before January 1, 1981. The code need not be adopted by any city, county, or city and county. However, those entities may adopt all or part of the code as an alternative to the requirements of the State Housing Law, Part 1.5 (commencing with Section 17910) of Division 13, as that law applies to residential hotels.
The purpose of the standards shall be to protect the health, safety, and welfare of the occupants of those residential hotels, to allow the economically feasible rehabilitation of those residential hotels, and to assure to the extent possible the preservation of those residential hotels as housing for very low and low-income persons.
(d) The agency shall develop a program of financing and loan insurance for the purpose of assisting the rehabilitation and acquisition of residential hotels serving the housing needs of very low and low-income persons by appropriate sponsors, and shall implement that program on or before January 1, 1981.
In the event that the agency is unable to implement that program, it shall report to the Legislature on or before July 1, 1981, the reasons for its inability to implement that program, and recommend methods by which the agency could implement that program.
(e) The department shall contract, subject to the availability of federal funds, with selected sponsors to acquire, rehabilitate, maintain, or otherwise protect and improve residential hotels as housing for persons of low income. The contracts may provide for grants or loans at an interest rate which the department determines will facilitate the present and future use of residential hotels as housing for persons of very low and low income. Subject to the availability of funds, the department shall contract for the preservation and improvement of at least one residential hotel in a rural area. Subject to restrictions on funds received, the department shall give first priority to residential hotels financed or acquired with assistance from the agency pursuant to subdivision (d).  
(f) In connection with contracts let pursuant to subdivision (e), the department shall fix, and may alter from time to time, a schedule of rents as may be necessary to assure affordable rents for persons of low income in residential hotels assisted by funds made available under subdivision (e), and to the extent consistent with the maintenance of the financial integrity of the sponsor of the project and with the requirements for repayment of any funds loaned as established by the department. No local government or nonprofit housing sponsor receiving funds through the provisions of subdivision (e) shall alter rents without the prior permission of the department, which permission shall be given only if the sponsor demonstrates that the alteration is necessary to defray necessary operating costs and to avoid jeopardizing the fiscal integrity of the sponsor or to maintain affordable rents to the residents in the project. If the department does not act upon a request for a rent increase within 60 days, the increase shall be deemed approved. In connection with contracts authorized by subdivision (e), the department may determine standards for the selection by sponsors of the tenants for units in projects funded by contracts pursuant to subdivision (e). The authority of the department to fix and alter rents pursuant to this subdivision shall apply only to units within residential hotels that receive assistance pursuant to subdivision (e).

SEC. 110.

 Section 50524 of the Health and Safety Code is amended to read:

50524.
 The department shall include in its statewide housing plan a review of housing assistance policies, goals, and objectives affecting the homeless.

SEC. 111.

 Section 50837 of the Health and Safety Code is repealed.

SEC. 112.

 Article 5 (commencing with Section 100475) of Chapter 3 of Part 1 of Division 101 of the Health and Safety Code is repealed.

SEC. 113.

 Section 101535 of the Health and Safety Code is repealed.

SEC. 114.

 Section 104595 of the Health and Safety Code is repealed.

SEC. 115.

 Section 105140 of the Health and Safety Code is amended to read:

105140.
 (a) In addition to the other programs provided under this chapter, it is the intent of the Legislature to encourage the Regents of the University of California to monitor existing physician licensing requirements, and any additional requirements developed in response to Section 105135. It is also the intent of the Legislature that the regents review programs and offerings in the schools of medicine to ensure that graduates of those schools are adequately prepared to meet the licensing requirements in geriatric medicine and any other educational requirements in geriatric medicine deemed appropriate by the regents.
(b) It is the intent of the Legislature that the regents request the medical and other health science schools of the University of California to consider the need for additional emphasis on geriatrics in their curricula.

SEC. 116.

 Section 105175 of the Health and Safety Code is amended to read:

105175.
 (a) The department shall maintain a program on occupational health and occupational disease prevention, including, but not limited to, the following:
(1) Investigations into the causes of morbidity and mortality from work-induced diseases.
(2) Development of recommendations for improved control of work-induced diseases.
(3) Maintenance of a thorough knowledge of the effects of industrial chemicals and work practices on the health of California workers.
(4) Provision of technical assistance in matters of occupational disease prevention and control to the Department of Industrial Relations and other governmental and nongovernmental agencies, organizations, and private individuals.
(5) Collection and summarization of statistics describing the causes and prevalence of work-induced diseases in California.
(b) The functions provided for in subdivision (a) are intended to implement within the department a continuing research and development capability and a repository of hazardous substances capability which will reinforce and strengthen the administration of the California Occupational Safety and Health Act of 1973, Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, including the capability to recommend occupational health standards to the California Occupational Safety and Health Standards Board. Whenever the repository identifies data gaps for any chemical regulated by the California Occupational Safety and Health Act of 1973, the department shall notify the Division of Occupational Safety and Health of the Department of Industrial Relations of its finding.
(c) Upon the request of the department, and in furtherance of the goals of the occupational disease prevention program, employers shall provide to the department the results of monitoring data, both exposure and medical, which has been collected pursuant to Cal-OSHA standards and regulations.
(d) The state department shall have access without delay to any place of employment during regular working hours and at other reasonable times to conduct investigations necessary to carry out the purposes of this article and Article 2 (commencing with Section 105185), including, but not limited to, research, health hazard evaluation, and epidemiological surveillance. In connection with the investigation, the department may question privately any employer, owner, operator, agent, or employee and review and copy records collected pursuant to Cal-OSHA standards and regulations, and other related records.
(e) The repository maintained pursuant to this section and Section 147.2 of the Labor Code shall contain the report issued pursuant to former Sections 13124 and 13125 of the Food and Agricultural Code. Whenever a request for toxicity information is received concerning a chemical discussed in that report, the department shall notify the requestor of the nature and extent of any data gaps identified in the report with respect to that chemical. Whenever the repository receives a request about toxicity information on any other chemical, in addition to providing available information about the known toxic effects of exposure to the chemical, the repository shall also notify the requester of a determination by any state agency or federal agency that the chronic health effects testing data on the chemical is inadequate or incomplete. State agencies that maintain information on the toxic effects of chemicals shall provide the repository with access to that information.

SEC. 117.

 Section 105335 of the Health and Safety Code is repealed.

SEC. 118.

 Section 108865 of the Health and Safety Code is repealed.

SEC. 119.

 Section 110540 of the Health and Safety Code is repealed.

SEC. 120.

 Section 110795 of the Health and Safety Code is amended to read:

110795.
 (a) The department may adopt regulations that name and describe the characteristics of salmon and any other fish or other seafood it considers appropriate. The department shall consult with the Department of Fish and Game, the Joint Committee on Fisheries and Aquaculture, consumers, commercial fishermen, aquaculturists, and seafood processors, wholesalers, restaurateurs, and other retailers before adopting these regulations. The department shall not adopt any regulation that conflicts with the common name of any fish designated by the Department of Fish and Game pursuant to Section 8023 of the Fish and Game Code.
(b) In addition to the consultations required by subdivision (a), the department shall consult and seek the recommendations of the groups named in that subdivision concerning the possible need for, or desirability of, any further legislation or regulations affecting seafood labeling.
(c) No regulation adopted pursuant to this section shall deviate from a pertinent United States standard where the fish or seafood product specified is packed or processed as a standardized product under a United States standard.
(d) Nothing in this section or in regulations adopted pursuant to this section shall be construed to require the use of more than the common family name of any fish or seafood by any restaurant in menus or advertisements.

SEC. 121.

 Section 114820 of the Health and Safety Code is amended to read:

114820.
 (a) The department, with the assistance of the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and the Department of the California Highway Patrol shall, with respect to any fissile radioactive material coming within the definition of “fissile class II,” “fissile class III,” “large quantity radioactive materials,” or “low-level radioactive waste” provided by the regulations of the United States Department of Transportation (49 C.F.R. 173.389), do all of the following:
(1) Study the adequacy of current packaging requirements for radioactive materials.
(2) Study the effectiveness of special routing and timing of radioactive materials shipments for the protection of the public health.
(3) Study the advantages of establishing a tracking system for shipments of most hazardous radioactive materials.
(b) The department, with the assistance of the Office of Emergency Services, the State Energy Resources Conservation and Development Commission, and the Department of the California Highway Patrol, shall extend the nuclear threat  emergency response plan to include radioactive materials in transit and provide training for law enforcement officers in dealing with those threats.
(c) Subject to Section 114765, the department, in cooperation with the Department of the California Highway Patrol, shall adopt, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable regulations that, in the judgment of the department, promote the safe transportation of radioactive materials. The regulations shall (1) prescribe the use of signs designating radioactive material cargo; shall designate, in accordance with the results of the studies done pursuant to subdivision (a), the manner in which the shipper shall give notice of the shipment to appropriate authorities; (2) prescribe the packing, marking, loading, and handling of radioactive materials, and the precautions necessary to determine whether the material when offered is in proper condition to transport, but shall not include the equipment and operation of the carrier vehicle; and (3) be reviewed and amended, as required, pursuant to Section 114765. The regulations shall be compatible with those established by the federal agency or agencies required or permitted by federal law to establish the regulations.
(d) Subject to Section 114765, the Department of the California Highway Patrol, after consulting with the department, shall adopt regulations specifying the time at which shipments may occur and the routes that are to be used in the transportation of cargoes of hazardous radioactive materials, as those materials are defined in regulations of the department.

SEC. 122.

 Section 116360 of the Health and Safety Code is amended to read:

116360.
 (a) The department shall take all reasonable measures it determines necessary to reduce the risk to public health from waterborne illnesses in drinking water caused by cryptosporidium and giardia, to the extent those micro-organisms are not yet able to be adequately controlled through existing drinking water treatment and other management practices.
(b) The department shall directly conduct, or order the state’s public water systems to conduct, comprehensive sanitary surveys, as present resources permit, to identify risks to public health from cryptosporidium and giardia.
(c) To thoroughly address the public health risks currently posed by cryptosporidium, in particular, the department shall ensure that its initial cryptosporidium action plan, that has been circulated to public water systems serving more than 1,000 service connections, is comprehensively implemented and shall devise and implement necessary strategies for protecting the health of individuals served by smaller public water systems from cryptosporidium exposure.

SEC. 123.

 Section 120865 of the Health and Safety Code is repealed.

SEC. 124.

 Section 124135 of the Health and Safety Code is repealed.

SEC. 125.

 Section 124140 of the Health and Safety Code is repealed.

SEC. 126.

 Section 124145 of the Health and Safety Code is repealed.

SEC. 127.

 Section 124150 of the Health and Safety Code is amended to read:

124150.
 The Legislature hereby finds and declares that the activities conducted by the department pursuant to Section 124130 have confirmed and supported the findings specified in Section 124125 and, in addition, have resulted in the following findings:
(a) Very few children are currently tested for elevated blood lead levels in California. The lead registry established pursuant to Section 124130 has been effective at identifying incidents of occupational lead poisoning; however, because childhood lead screening is not now required in California, the registry is unable to serve as the exclusive mechanism to identify children with elevated blood lead levels. Additional blood lead screening needs to be done to identify children at high risk of lead poisoning.
(b) Based on emerging information about the severe deleterious effects of low levels of lead on children’s health, the lead danger level is expected to continue to be lowered. be lowered from 25 to 15 micrograms of lead per deciliter of human blood. 
(c) Lead poisoning poses a serious health threat for significant numbers of California children. Based on lead registry reports and targeted screening results, the department has estimated that tens of thousands of California children may be suffering from blood lead levels greater than the danger level.
(d) The implications of lead exposure to children and pregnant women from lead brought home on the clothing of workers are is  unknown, but may be significant.
(e) Levels of lead found in soil and paint around and on housing constitute a health hazard to children living in the housing. No regulations currently exist to limit allowable levels of lead in paint surfaces in California housing.

SEC. 128.

 Section 124160 of the Health and Safety Code is amended to read:

124160.
 The department shall continue to direct the Childhood Lead Poisoning Prevention Program to implement a program to identify and conduct medical followup of high-risk children, and to establish procedures for environmental abatement and followup designed to reduce the incidence of excessive childhood lead exposures in California. In implementing this program, the department shall utilize its own studies, as well as relevant information from the scientific literature and childhood lead poisoning programs from outside California. The particular activities specified in this section shall be initiated by January 1, 1990, and completed on or before January 1, 1993. The program shall include at least all of the following components:
(a) Lead screening. The department shall:
(1) Design and implement at least one pilot blood lead screening project targeting children at high risk of elevated blood lead levels. In designing any pilot projects, the department shall give special consideration to conducting screening through the Child Health Disability and Prevention Program.
(2) Conduct a pilot screening project to evaluate blood lead levels among children of workers exposed to lead in their occupations.
(3) Develop and issue health advisories urging health care providers to conduct routine annual screening of high-risk children between the ages of one and five years of age.
(4) Develop a program to assist local health departments in identifying and following up cases of elevated blood lead levels.
(5) Develop and conduct programs to educate health care providers regarding the magnitude and severity of, and the necessary responses to, the childhood lead poisoning problem in California.
(b) The department, in consultation with the Department of Housing and Community Development, shall adopt regulations governing the abatement of lead paint in and on housing, including, but not limited to, standards for enforcement, testing, abatement, and disposal.
(c) The department shall conduct a study to evaluate whether abatement of lead in soil is effective at reducing blood lead levels in children.

SEC. 129.

 Section 124195 of the Health and Safety Code is amended to read:

124195.
 The department shall require reports to be prepared by all programs funded pursuant to this article.

SEC. 130.

 Section 124235 of the Health and Safety Code is repealed.

124235.
 (a) A youth sports organization that elects to offer an athletic program shall comply with all of the following:
(1) (A) An athlete who is suspected of sustaining a concussion or other head injury, or who has passed out or fainted, in an athletic activity shall be immediately removed from the athletic activity for the remainder of the day, and shall not be permitted to return to any athletic activity until the athlete is evaluated by a licensed healthcare provider. The athlete shall not be permitted to return to athletic activity until the athlete receives written clearance to return to athletic activity from a licensed healthcare provider. If the licensed healthcare provider determines that the athlete sustained a concussion or other head injury, the athlete shall also complete a graduated return-to-play protocol of no less than seven days in duration under the supervision of a licensed healthcare provider.
(B) If the licensed healthcare provider suspects that the athlete has a cardiac condition that puts the athlete at risk for sudden cardiac arrest or other heart-related issues, the athlete shall remain under the care of the licensed healthcare provider to pursue followup testing until the athlete is cleared to play.
(2) If an athlete who is 17 years of age or younger has been removed from athletic activity due to a suspected concussion or due to fainting or another suspected cardiac condition, the youth sports organization shall notify a parent or guardian of that athlete of the time and date of the injury, the symptoms observed, and any treatment provided to that athlete for the injury.
(3) (A) On a yearly basis, the youth sports organization shall give both a concussion and head injury and a sudden cardiac arrest information sheet to each athlete. The information sheet shall be signed and returned by the athlete and, if the athlete is 17 years of age or younger, shall also be signed by the athlete’s parent or guardian, before the athlete initiates practice or competition.
(B) If the athlete is six years of age or younger, only the signature of the athlete’s parent or guardian shall be required to comply with this paragraph. If the athlete is 18 years of age or older, only the signature of the athlete shall be required to comply with this paragraph.
(C) The information sheet may be sent and returned through an electronic medium including, but not necessarily limited to, fax or electronic mail.
(4) On a yearly basis, the youth sports organization shall offer concussion and head injury and sudden cardiac arrest prevention education, or related educational materials, or both, to each coach, administrator, and referee, umpire, or other game official of the youth sports organization.
(5) The youth sports organization shall require both of the following:
(A) Each coach, administrator, and referee, umpire, or other game official of the youth sports organization shall be required to successfully complete the concussion and head injury and sudden cardiac arrest prevention education offered pursuant to paragraph (4) at least once, either online or in person, before supervising an athlete in an activity of the youth sports organization.
(B) The youth sports organization shall post related information, as referenced in paragraph (4), online, or provide educational materials to athletes and parents, or both.
(6) The youth sports organization shall identify both of the following:
(A) Procedures to ensure compliance with the requirements for providing concussion and head injury and sudden cardiac arrest prevention education and a concussion and head injury and sudden cardiac arrest prevention information sheet, as referenced in paragraphs (3) to (5), inclusive.
(B) Procedures to ensure compliance with the athlete removal provisions and the return-to-play protocol required pursuant to paragraph (1).
(b) As used in this article, all of the following shall apply:
(1) “Concussion and head injury education and educational materials” and a “concussion and head injury information sheet” shall, at a minimum, include information relating to all of the following:
(A) Head injuries and their potential consequences.
(B) The signs and symptoms of a concussion.
(C) Best practices for removal of an athlete from an athletic activity after a suspected concussion.
(D) Steps for returning an athlete to school and athletic activity after a concussion or head injury.
(2) “Licensed healthcare provider” means either of the following:
(A) A licensed healthcare provider who is trained in the evaluation and management of concussions and is acting within the scope of the provider’s practice for evaluation and management of concussions or other head injuries.
(B) A licensed healthcare provider who is trained in the evaluation and management of cardiac conditions and is acting within the scope of that provider’s practice for evaluation and management of sudden cardiac arrest, fainting, and shortness of breath.
(3) “Sudden cardiac arrest prevention education and educational materials” and a “sudden cardiac arrest information sheet” shall, at a minimum, include information relating to all of the following:
(A) Cardiac conditions and their potential consequences.
(B) The signs and symptoms of sudden cardiac arrest.
(C) Best practices for removal of an athlete from an athletic activity after fainting or a suspected cardiac condition is observed.
(D) Steps for returning an athlete to an athletic activity after the athlete faints or experiences a cardiac condition.
(E) What to do in the event of a cardiac emergency: this shall include calling 911, performing hands-only CPR, and using an automated external defibrillator (AED) if it is available.
(4) “Youth sports organization” means an organization, business, nonprofit entity, or a local governmental agency that sponsors or conducts amateur sports competitions, training, camps, or clubs in which persons 17 years of age or younger participate.
(c) This section shall apply to all persons participating in the activities of a youth sports organization, irrespective of their ages. This section shall not be construed to prohibit a youth sports organization, or any other appropriate entity, from adopting and enforcing rules intended to provide a higher standard of safety for athletes than the standard established under this section.

SEC. 131.

 Section 127360 of the Health and Safety Code is amended to read:

127360.
 Nothing in this article shall be construed to authorize or require specific formats for hospital needs assessments, community benefit plans, or reports until recommendations pursuant to former Section 127365, as added by Chapter 1023 of the Statutes of 1996, are considered and enacted by the Legislature.
Nothing in this article shall be used to justify the tax-exempt status of a hospital under state law. Nothing in this article shall preclude the department office  from requiring hospitals to directly report their charity activities.

SEC. 132.

 Section 127365 of the Health and Safety Code is repealed.

SEC. 133.

 Section 128195 of the Health and Safety Code is amended to read:

128195.
 (a) The department office  shall issue followup reports on geriatric technician pilot projects approved by the department office  following 24 months of implementation of the employment utilization phase of each project. The reports shall contain all of the following information:
(1) A description of the persons trained, including, but not limited to, the following:
(A) The total number of persons who entered training.
(B) The total number of persons who completed training.
(C) The selection method, including descriptions of any nonquantitative criteria used by employers to refer persons to training.
(D) The education and experience of the trainees prior to training.
(E) Demographic characteristics of the trainees, as available.
(2) An analysis of the training completed, including, but not limited to, the following:
(A) Curriculum and core competencies.
(B) Qualifications of the instructor.
(C) Changes in the curriculum during the pilot project or recommended for the future.
(D) The nature of clinical and didactic training, including the ratio of students to instructors.
(3) A summary of the specific services provided by geriatric technicians.
(4) The new health skills taught or the extent to which existing skills have been reallocated.
(5) Implications of the project for existing licensure laws with suggestions for changes in the law where appropriate.
(6) Implications of the project for health services curricula and for health care delivery systems.
(7) Teaching methods used in the project.
(8) The quality of care, including pertinent medication errors, incident reports, and patient acceptance in the project.
(9) The extent to which persons with new skills could find employment in the health care system, assuming laws were changed to incorporate their skills.
(10) The cost of care provided in the project, the likely cost of this care if performed by the trainees subsequent to the project, and the cost for provision of this care by current providers thereof.
(b) Notwithstanding any other provision of law, issuance of the reports described in subdivision (a) shall not require that the department office  terminate the geriatric technician pilot projects authorized by the department. office. 

SEC. 134.

 Section 129295 of the Health and Safety Code is amended to read:

129295.
 The department may insure, pursuant to this article,  office shall establish a pilot program under this article of insuring  loans to nonprofit borrowers that are not licensed to operate the facilities for which the loans are insured, provided that the borrower has entered into a long-term residency lease agreement with a service provider selected by the applicable regional center to operate that facility.  insured.  The number of facilities for which loans are insured under this section shall not exceed 100 30  and the aggregate amount of loans insured under this section shall not exceed one hundred million dollars ($100,000,000). six million dollars ($6,000,000), that may be in addition to the maximum loan insurance amount otherwise authorized by subdivision (b) of Section 129285. Construction of all projects assisted under this section shall be commenced on or before January 1, 1990. 
The office may delay processing or decline acceptance of loan guarantee applications under this section if the volume of applications becomes too large for existing staff to process in a timely manner or if risks associated with the pilot program are determined by the office to be unreasonable.

SEC. 135.

 Section 11751.51 of the Insurance Code is repealed.

SEC. 136.

 Section 12693.94 of the Insurance Code is repealed.

SEC. 137.

 Section 12696.25 of the Insurance Code is repealed.

SEC. 138.

 Section 139.43 of the Labor Code is amended to read:

139.43.
 (a) No person or entity shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner, any statement concerning services or benefits to be provided to an injured worker, that is paid for directly or indirectly by that person or entity and is false, misleading, or deceptive, or that omits material information necessary to make the statement therein not false, misleading, or deceptive.
(b) As soon as reasonably possible, but not later than January 1, 1994, the administrative director shall adopt regulations governing advertising by persons or entities other than physicians and attorneys with respect to services or benefits for injured workers. In promulgating regulations pursuant to this subdivision, the administrative director shall review existing regulations, including those adopted by the State Bar, to identify those regulatory approaches that may serve as a model for regulations required by this subdivision.
(c) A violation of subdivision (a) is a misdemeanor, punishable by incarceration in the county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or both.
(d) This section shall not apply to physicians or attorneys. It is the intent of the Legislature to exempt physicians and attorneys from this section because the conduct regulated by this section, with respect to physicians and attorneys, is governed by other provisions of law.

SEC. 139.

 Section 6715 of the Labor Code is repealed.

SEC. 140.

 Section 1012.5 of the Military and Veterans Code is repealed.

SEC. 141.

 Section 653.1 of the Penal Code is amended to read:

653.1.
 (a) No person shall sell or distribute any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air without:
(1) Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon.
(2) Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.
(3) A printed identification of the manufacturer of the balloon.
(b) No person shall sell or distribute any balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance.
(c) No person shall sell or distribute any balloon that is constructed of electrically conductive material and filled with a gas lighter than air and that is attached to another balloon constructed of electrically conductive material and filled with a gas lighter than air.
(a) (d)  No person or group shall release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, as part of a public or civic event, promotional activity, or product advertisement.
(b) (e)  Any person who violates this section  subdivision (a), (b), (c), or (d)  shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates this section  subdivision (a), (b), (c), or (d)  who has been previously convicted twice of violating this section  subdivision (a), (b), (c), or (d)  shall be guilty of a misdemeanor.
(c) (f)  This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.

SEC. 142.

 Section 1174.6 of the Penal Code is repealed.

SEC. 143.

 Section 1247k of the Penal Code is amended to read:

1247k.
 The Judicial Council shall have the power to prescribe by rules for the practice and procedure on appeal, and for the time and manner in which the records on such appeals shall be made up and filed, in all criminal cases in all courts of this state.
The rules shall take effect on July 1, 1943, and thereafter all laws in conflict therewith shall be of no further force or effect.

SEC. 144.

 Section 2053 of the Penal Code is amended to read:

2053.
 (a) The Legislature finds and declares that there is a correlation between prisoners who are functionally literate and those who successfully reintegrate into society upon release. It is therefore the intent of the Legislature, in enacting “The Prisoner Literacy Act,” to raise the percentage of prisoners who are functionally literate, in order to provide for a corresponding reduction in the recidivism rate.
(b) The Department of Corrections shall determine the reading level of each prisoner upon commitment.

SEC. 145.

 Section 3053.2 of the Penal Code is amended to read:

3053.2.
 (a) Upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings or the supervising parole agency parole authority  shall impose the following condition on the parole of a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from threatening, stalking, sexually abusing, harassing, or taking further violent acts against the victim and, if appropriate, compliance with any or all of the following:
(1) An order prohibiting the parolee from having personal, telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least 100 yards of the victim or the victim’s residence or workplace.
(3) An order excluding the parolee from the victim’s residence.
(b) The Board of Parole Hearings or the supervising parole agency parole authority  may impose the following condition on the parole of a person released from prison for an offense involving threatening, stalking, sexually abusing, harassing, or violent acts in which the victim is a person specified in Section 6211 of the Family Code:
For persons who committed the offense prior to January 1, 1997, participation in a batterer’s program, as specified in this section, for the entire period of parole. For persons who committed the offense after January 1, 1997, successful completion of a batterer’s program, which shall be a condition of release from parole. If no batterer’s program is available, another appropriate counseling program designated by the parole agent or officer, for a period of not less than one year, with weekly sessions of a minimum of two hours of classroom time. The program director shall give periodic progress reports to the parole agent or officer at least every three months.
(c) The parole agent or officer shall refer the parolee only to a batterer’s program that follows the standards outlined in Section 1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer’s program with the parole agent or officer within 30 days after the first meeting with his or her parole agent or officer, if he or she committed the offense after January 1, 1997, or within 30 days of receiving notice of this parole condition, if he or she committed the offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial assessment of the parolee, which information shall be provided to the batterer’s program. The assessment shall include, but not be limited to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim desires to participate.
(f) Upon request of the victim, the victim shall be notified of the release of the parolee and the parolee’s location and parole agent or officer. If the victim requests notification, he or she shall also be informed that attendance in any program does not guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the failure to enroll in a specified program, as directed, may be considered a parole violation that would result in possible further incarceration.
(h) The director of the batterer’s program shall immediately report any violation of the terms of the protective order issued pursuant to paragraph (3) of subdivision (a), including any new acts of violence or failure to comply with the program requirements, to the parolee’s parole agent or officer.
(i) Upon recommendation of the director of the batterer’s program, a parole agent or officer may require a parolee to participate in additional sessions throughout the parole period, unless he or she finds that it is not in the interests of justice to do so. In deciding whether the parolee would benefit from more sessions, the parole agent or officer shall consider whether any of the following conditions exist:
(1) The parolee has been violence-free for a minimum of six months.
(2) The parolee has cooperated and participated in the batterer’s program.
(3) The parolee demonstrates an understanding of, and practices, positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that dehumanize the victim or puts the victim’s safety at risk, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(6) The parolee has made threats to harm another person in any manner.
(7) The parolee demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.

SEC. 146.

 Section 3424 of the Penal Code is repealed.

3424.
 A woman who is pregnant during her incarceration and who is not eligible for the program described in this chapter shall have access to complete prenatal health care. The department shall establish minimum standards for pregnant inmates in its custody who are not placed in a community treatment program including all of the following:
(a) A balanced, nutritious diet approved by a doctor.
(b) Prenatal and postpartum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor.
(c) Information pertaining to childbirth education and infant care.
(d) A dental cleaning while in a state facility.

SEC. 147.

 Section 4497.40 of the Penal Code is repealed.

SEC. 148.

 Section 5010 of the Penal Code is amended to read:

5010.
 (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health and welfare of inmates and that exercise equipment and programs in correctional facilities should be consistent with this purpose.
The Legislature further finds and declares that in some cases it may be beneficial to provide access to weights for therapeutic or rehabilitative reasons under a doctor’s order or for certain vocational activities such as firefighting.
(b) It is the intent of the Legislature that both the Department of Corrections and the Department of the Youth Authority eliminate or restrict access to weights and weight lifting equipment where it is determined that the particular type of equipment involved or the particular prison population or inmate involved poses a safety concern both in the correctional facility and to the public upon release. In those instances where inmates are allowed access to weights and weight lifting equipment, access shall be a privilege.
As a condition of inmate access to weights and weight lifting equipment, the departments may require inmates to participate in training in the proper use of weights and weight lifting equipment that emphasizes departmental rules and safety practices that must be observed when using weights and weight lifting equipment.
The directors of the departments, or their respective designees, may restrict individual or group access to weights and weight lifting equipment as deemed necessary for the orderly operation of the correctional facility.
(c) On or before July 1, 1995, both the Department of Corrections and the Department of the Youth Authority shall adopt regulations governing inmate access to weight lifting and weight training equipment in state prison and California Youth Authority facilities, respectively. In developing these regulations, the departments shall consider each of the following:
(1) Some prisoners may utilize weight equipment to develop strength and increase body mass and size rather than for the maintenance of general health. This use of weight equipment may create a risk of harm to other inmates, correctional officers, and staff and, upon release, to law enforcement officers and the general public.
(2) The improper use of weights and weight lifting equipment may result in injuries that require costly medical attention.
(3) Access to weights and weight lifting equipment by inmates may result in the use of the equipment by inmates to attack other inmates or correctional officers.

SEC. 149.

 Section 5066 of the Penal Code is amended to read:

5066.
 The Director of Corrections shall expand the existing prison ombudsman program to ensure the comprehensive deployment of ombudsmen throughout the state prison system with specific focus on the maximum security institutions.

SEC. 150.

 Section 7009 of the Penal Code is repealed.

SEC. 151.

 Section 7514 of the Penal Code is amended to read:

7514.
 (a) It shall be the chief medical officer’s responsibility to see that personal counseling is provided to a law enforcement employee filing a report pursuant to Section 7510, an inmate filing a request pursuant to Section 7512, and any potential test subject, at the time the initial report or request for tests is made, at the time when tests are ordered, and at the time when test results are provided to the employee, inmate, or test subject.
(b)  The chief medical officer may provide additional counseling to any of these individuals, upon his or her request, or whenever the chief medical officer deems advisable, and may arrange for the counseling to be provided in other jurisdictions. The chief medical officer shall encourage the subject of the report or request, the law enforcement employee who filed the report, the person who filed the request pursuant to Section 7512, or in the case of a minor, the minor on whose behalf the request was filed, to undergo voluntary HIV or hepatitis B or C  testing if the chief medical officer deems it medically advisable. All testing required by this title or any voluntary testing resulting from the provisions of this title, shall be at the expense of the appropriate correctional institution.
(b) Notwithstanding the repeal of this section in accordance with Section 7555, the duties imposed by this subdivision shall continue in effect until they have been complied with.

SEC. 152.

 Section 11108.7 of the Penal Code is repealed.

SEC. 153.

 Section 11110 of the Penal Code is repealed.

SEC. 154.

 Section 13013 of the Penal Code is repealed.

13013.
 The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.

SEC. 155.

 Section 13508 of the Penal Code is amended to read:

13508.
 (a) The commission shall do each of the following:
(1) Establish a learning technology laboratory that would conduct pilot projects with regard to needed facilities and otherwise implement modern instructional technology to improve the effectiveness of law enforcement training.
(2) Develop an implementation plan for the acquisition of law enforcement facilities and technology. In developing this plan, the commission shall consult with appropriate law enforcement and training organizations. The implementation plan shall include each of the following items:
(A) An evaluation of pilot and demonstration projects.
(B) Recommendations for the establishment of regional skills training centers, training conference centers, and the use of modern instructional technology.
(C) A recommended financing structure.
(b) The commission may enter into joint powers agreements with other governmental agencies for the purpose of developing and deploying needed technology and facilities.
(c) Any pilot project conducted pursuant to this section shall terminate on or before January 1, 1995, unless funding is provided for the project continuation.

SEC. 156.

 Section 13828.2 of the Penal Code is repealed.

SEC. 157.

 Section 13871 of the Penal Code is repealed.

SEC. 158.

 Section 14210 of the Penal Code is amended to read:

14210.
 (a) The Department of Justice shall operate a statewide, toll-free telephone hotline 24 hours per day, seven days per week to receive information regarding missing children and at-risk adults and relay this information to the appropriate law enforcement authorities. Legislature finds and declares that it is the duty of all law enforcement agencies to immediately assist any person who is attempting to make a report of a missing person or runaway. 
(b) The Department of Justice shall select up to six persons per month from the missing persons publicly accessible computer Internet directory maintained pursuant to Section 14207 and shall produce posters with photographs and information regarding these persons, including the hotline telephone number and reward information. The department shall make these posters available to parties as prescribed and as the department deems appropriate. the California Highway Patrol shall continue to implement the written policy, required to be developed and adopted pursuant to former Section 11114.3, for the coordination of each of its divisions with the police and sheriffs’ departments located within each division in taking, transmitting, and investigating reports of missing persons, including runaways. 
(c) The Department of Justice shall provide appropriate local reporting agencies with a list of persons still listed as missing who are under 21 years of age, and with an appropriate waiver form in order to assist the reporting agency in obtaining a photograph of each of the missing children.
(d) Local reporting agencies shall attempt to obtain the most recent photograph available for persons still listed as missing and forward those photographs to the Department of Justice.
(e) The department shall include these photographs, as they become available, in the quarterly bulletins pursuant to subdivision (c) of Section 14204.
(f) State and local elected officials, agencies, departments, boards, and commissions may enclose in their mailings information regarding missing children or at-risk adults obtainable from the Department of Justice or any organization that is recognized as a nonprofit, tax-exempt organization under state or federal law and that has an ongoing missing children program. Elected officials, agency secretaries, and directors of departments, boards, and commissions are urged to develop policies to enclose missing children or at-risk adults information in mailings if it will not increase postage costs and is otherwise deemed appropriate.

SEC. 159.

 Section 612.5 of the Public Resources Code is amended to read:

612.5.
 (a) The Legislature hereby finds and declares all of the following:
(1) It is in the state’s public interest to have an accurate inventory of the state’s soil resources.
(2) In California, the United States Soil Conservation Service has been responsible for undertaking soil surveys and soils information for many of California’s agricultural counties is outdated or unavailable.
(3) Information on soils is needed for agricultural management, water and soil conservation activities, engineering and land use planning, and state and local policy decisions. Completion of the California Farmland Mapping and Monitoring Program is contingent upon availability of accurate, modern soil surveys.
(4) State funding of soil surveys has been limited to soil vegetation surveys on wildlands and no state contributions have been made toward the completion of modern soil surveys in California on cropland. In recent years, every state with incomplete soil surveys on farmland, except California, has cost-shared with the United States Soil Conservation Service to complete those surveys.
(5) Federal funding for the soil survey program of the United States Soil Conservation Service has been declining in real dollars in the past several years and is projected to be further reduced under the requirements of the Gramm-Rudman-Hollings Deficit Reduction Act.
(6) Therefore, it is in California’s interest to authorize the department to assist the United States Soil Conservation Service with the completion of soil surveys.
(b) The department shall provide financial assistance to the United States Soil Conservation Service to undertake or complete soil surveys in areas of this state where the surveys have not been completed, including, but not limited to, portions of the Counties of San Joaquin, Yuba, Colusa, Butte, Fresno, Kern, Tulare, Stanislaus, and Lassen. Financial assistance shall be applied to field work that includes onsite soils mapping, report writing, manuscript preparation, and final correlation of soils data.
(c) In allocating funds for completion of soil surveys in the United States Soil Conservation Service soil survey areas in California, the department shall consider criteria that include, but are not limited to, all of the following:
(1) Voids in important farmland maps.
(2) Rate and type of land use changes.
(3) Extent of erosion, alkalinity, and other soil resource problems.
(4) Farm-gate value of agricultural production.
(5) Specific soil-related problems.
(6) Status of ongoing soil surveys.
(7) Extent of cropland in each county.
(8) Availability of local funding or other support.

SEC. 160.

 Section 2802 of the Public Resources Code is repealed.

2802.
 (a) The department shall develop jointly with the United States Geological Survey a prototype earthquake prediction system along the central San Andreas fault near the City of Parkfield.
(b) The system shall include a dense cluster of seismic and crustal deformation instrumentation capable of monitoring geophysical and geochemical phenomena associated with earthquakes in the region. These data shall be analyzed continuously to determine if precursory anomalies can be identified with sufficient certainty to make a short-term prediction. The department shall not duplicate any of the ongoing efforts of the United States Geological Survey or any public or private college or university in the development of this system.
(c) In meeting its obligations under this chapter, the department shall develop, in cooperation with the United States Geological Survey, a plan for completion of the Parkfield instrumentation network. The plan shall provide for all of the following:
(1) Augmentation of monitoring instruments with the goal of detecting precursors of the Parkfield characteristic earthquake.
(2) Operation by the department of a remote data review station in Sacramento which will provide state scientists with data from the Parkfield prototype earthquake prediction system and other data, as required, to advise the Office of Emergency Services of the occurrence of precursors and verification of the predicted event.
(3) Advising the United States Geological Survey, the Office of Emergency Services, the Seismic Safety Commission, and the California Earthquake Prediction Evaluation Council, regarding the department’s review of Parkfield data.
(d) On January 1, 1987, the department shall issue a progress report to the Governor, the Legislature, and the Seismic Safety Commission. An annual progress report shall be made each year thereafter. The project shall terminate on January 1, 1992, unless extended by statute.

SEC. 161.

 Section 2804.6 of the Public Resources Code is repealed.

SEC. 162.

 Section 3488 of the Public Resources Code is repealed.

SEC. 163.

 Section 4473 of the Public Resources Code is repealed.

SEC. 164.

 Section 4562.5 of the Public Resources Code is amended to read:

4562.5.
 It is the purpose of this section to insure that soil erosion associated with timber operations is adequately controlled to protect soil resources, forest productivity, and water quality. The prevention, retardation, and control of accelerated erosion are the principal goals of this section. The board shall promulgate regulations for each district to govern timber operations that may cause significant soil disturbance.

SEC. 165.

 Section 4563.5 of the Public Resources Code is repealed.

SEC. 166.

 Section 6226 of the Public Resources Code is repealed.

SEC. 167.

 Section 18017 of the Public Resources Code is repealed.

18017.
 This division does not apply to rigid plastic containers or rigid plastic bottles that are medical devices, medical products that are required to be sterile, prescription medicine, and packaging used for those products.

SEC. 168.

 Section 25689 of the Public Resources Code is repealed.

25689.
 In implementing the program, the commission may do all of the following:
(a) In addition to any other authorized method of providing moneys to participants, use financial incentives.
(b) Adopt guidelines or other standards at a commission business meeting for the program, including guidelines to ensure that the program improves emission reductions and environmental performance of existing facilities and does not adversely impact local air quality.
(c) Notwithstanding any other law, noncompetitively award program moneys to an entity that will use the moneys as matching funds for federally awarded moneys.
(d) Notwithstanding any other law, advance up to 25 percent at a time of the program moneys awarded pursuant to this chapter to the awardee.
(e) Consult with the State Air Resources Board, State Water Resources Control Board, Department of Fish and Wildlife, State Lands Commission, local air quality management districts and local air pollution control districts, regional water quality control boards, and other relevant local, state, or federal agencies, to ensure program moneys support achieving the state’s climate targets, to the extent feasible.
(f) On or before January 1, 2026, the commission shall publish on its internet website, at a minimum, the following information regarding the projects for which the commission awards program funds:
(1) A detailed description of the project, including how the project meets the goals and objectives established by the commission.
(2) A detailed update regarding the status of the construction, development, permitting, and operation of the project.
(3) If feasible, based on available data, an analysis of the effectiveness of the project, and the project’s impact on criteria pollutants in the community in which the project is located or near.

SEC. 169.

 Section 29777 of the Public Resources Code is repealed.

29777.
 The commission shall not incur costs in excess of the amount of funds available for expenditure by the commission in any fiscal year.

SEC. 170.

 Section 42552 of the Public Resources Code is repealed.

SEC. 171.

 Section 42553 of the Public Resources Code is amended to read:

42553.
 Article 2 (commencing with Section 42557) shall become operative only if the report required in former Section 42552, as added by Chapter 1066 of the Statutes of 1991, contains an affirmative finding regarding the feasibility of producing recyclable telephone directories without significantly reducing the durability of the directories nor significantly increasing production costs.

SEC. 172.

 Section 42776 of the Public Resources Code is repealed.

SEC. 173.

 Section 71064 of the Public Resources Code is amended to read:

71064.
 (a) There is in the agency the Environmental Data Management Advisory Committee. The advisory committee shall consist of not more than seven members appointed by the secretary. The secretary shall select members who represent business, government, and environmental groups, and who have proven expertise and current knowledge in the field of electronic data exchange.
(b) The advisory committee shall advise the secretary on the quickest, most effective, and least expensive alternative systems of electronic standards for formatting data.
(c) The meetings of the advisory committee shall be open to the public and shall provide an opportunity for the public to be heard on matters considered by the advisory committee.

SEC. 174.

 Section 322 of the Public Utilities Code is amended to read:

322.
 (a) The commission shall periodically, at least once each year, compile its rules of procedure together with every order and decision of the commission relating to the conduct of the commission’s hearings and proceedings.
(b) The compilation shall include, but not be limited to, matters relating to all of the following:
(1) Pleadings.
(2) Public notice.
(3) Public attendance.
(4) Specification of issues.
(5) Prehearing procedures.
(6) Discovery.
(7) Evidence.
(8) Supporting documentation.
(9) Submission of briefs and arguments.
(10) Meetings of the commission.
(11) All other rules of procedure governing participation in hearings and proceedings of the commission by public utilities, commission staff, and other persons.

SEC. 175.

 Article 4 (commencing with Section 442) of Chapter 2.5 of Part 1 of Division 1 of the Public Utilities Code is repealed.

SEC. 176.

 Section 701.6 of the Public Utilities Code is amended to read:

701.6.
 (a) The commission may authorize gas and electrical corporations to include in ratepayer-supported research and development programs, activities that relate to improving the energy efficiency of manufactured housing and mobilehomes if those programs are evaluated in accordance with the guidelines established by Section 740.1. The commission may develop a program involving utilities, representatives of the manufactured housing and mobilehome industries, and organizations representing senior citizens and consumers to increase the construction and marketing of energy efficiency measures for mobilehomes and manufactured housing.
(b) The commission may authorize gas and electrical corporations to provide incentives to seniors, low-income households, and others who buy new manufactured homes, or mobilehomes, which incorporate energy efficient measures.
(c) The commission may authorize gas and electrical corporations to recover through rates the reasonable costs associated with the programs specified in subdivisions (a) and (b).

SEC. 177.

 Section 5371.4 of the Public Utilities Code is amended to read:

5371.4.
 (a) The governing body of any city, county, or city and county may not impose a fee on charter-party carriers operating limousines. However, the governing body of any city, county, or city and county may impose a business license fee on, and may adopt and enforce any reasonable rules and regulations pertaining to operations within its boundaries for, any charter-party carrier domiciled or maintaining a business office within that city, county, or city and county.
(b) The governing body of any airport may not impose vehicle safety, vehicle licensing, or insurance requirements on charter-party carriers operating limousines that are more burdensome than those imposed by the commission. However, the governing board of any airport may require a charter-party carrier operating limousines to obtain an airport permit for operating authority at the airport.
(c) Notwithstanding subdivisions (a) and (b), the governing body of any airport may adopt and enforce reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of streets and roads, parking, traffic control, passenger transfers, trip fees, and occupancy, and the use of buildings and facilities, that are applicable to charter-party carriers operating limousines on airport property.
(d) This section does not apply to any agreement entered into pursuant to Sections 21690.5 to 21690.9, inclusive, between the governing body of an airport and charter-party carriers operating limousines.
(e) The governing body of any airport shall not impose a fee based on gross receipts of charter-party carriers operating limousines.
(f) Notwithstanding subdivisions (a) to (e), inclusive, nothing in this section prohibits a city, county, city and county, or the governing body of any airport, from adopting and enforcing reasonable permit requirements, fees, rules, and regulations applicable to charter-party carriers of passengers other than those operating limousines.
(g) Notwithstanding subdivisions (a) to (e), inclusive, a city, county, or city and county may impose reasonable rules for the inspection of waybills of charter-party carriers of passengers operating within the jurisdiction of the city, county, or city and county, for purposes of verifying valid prearranged travel.
(h) (g)  For the purposes of this section, “limousine” includes any sedan or sport utility vehicle,  luxury sedan,  of either standard or extended length, with a seating capacity of not more than 10 nine  passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state.

SEC. 178.

 Section 5385.6 of the Public Utilities Code is amended to read:

5385.6.
 (a) No charter-party carrier shall operate a limousine as defined by Section 5371.4 unless the limousine is equipped with the special license plates issued and distributed by the Department of Motor Vehicles pursuant to Section 5011.5 of the Vehicle Code.
(b) The commission shall issue to each charter-party carrier operating limousines a permit or certificate for the number of vehicles verified by the carrier as employed in providing limousine service. The permit or certificate shall be submitted to the Department of Motor Vehicles, which will issue to each verified vehicle a set of unique, identifying license plates. The department shall maintain a record of each set of plates it issues and provide a copy of each record to the commission.
(c) The commission shall recover from any carrier whose permit or certificate is cancelled, suspended, or revoked any and all plates issued pursuant to this section.
(d) The special license plate shall be in lieu of the decal required to be issued and displayed pursuant to Section 5385.5.
(e) This section shall become operative on July 1, 1995.

SEC. 179.

 Section 5388 of the Public Utilities Code is repealed.

SEC. 180.

 Section 8303 of the Public Utilities Code is repealed.

SEC. 181.

 Section 99620 of the Public Utilities Code is amended to read:

99620.
 This chapter sets forth the purposes and the amounts for which allocations shall be made from the fund. Money from the fund shall be awarded as grants by the commission pursuant to Sections 99622 to 99651, inclusive, for the purposes specified in those sections. The amount of a grant awarded pursuant to any of those sections shall not exceed the amount specified therein. The department and local agencies may implement service funded pursuant to this chapter on an incremental basis. Partial grants may be made for preliminary engineering and design purposes.

SEC. 182.

 Section 99621 of the Public Utilities Code is repealed.

SEC. 183.

 Section 2237.3 of the Revenue and Taxation Code is repealed.

SEC. 184.

 Section 2327 of the Revenue and Taxation Code is repealed.

SEC. 185.

 Section 18405 of the Revenue and Taxation Code is amended to read:

18405.
 (a) In the case of a new statutory provision in Part 7.5 (commencing with Section 13201), Part 10 (commencing with Section 17001), Part 10.2 (commencing with Section 18401), or Part 11 (commencing with Section 23001), or the addition of a new part, the Franchise Tax Board itself is authorized to grant relief as set forth in subdivision (b) from the requirements of the new statutory provision in a manner as provided in subdivision (c).
(b) The relief provided in subdivision (a) may be granted only for the first taxable year for which the new statutory provision is operative and only when substantial unintentional noncompliance with the new provision has occurred by a class of affected taxpayers. The relief is limited to waiving penalties or perfecting elections and may be granted only to taxpayers who timely paid taxes and other required amounts shown on the return consistent with the election and who timely filed their return (with regard to extension).
(c) The relief granted in this section shall, upon the recommendation of the Executive Officer of the Franchise Tax Board, be made by resolution of the Franchise Tax Board that sets forth the conditions, time, and manner as the Franchise Tax Board determines are necessary. The resolution shall be adopted only by an affirmative vote of each of the three members of the Franchise Tax Board.
(d) For purposes of this section:
(1) “New statutory provision” means a complete, newly established tax program, tax credit, exemption, deduction, exclusion, penalty, or reporting or payment requirement and does not mean amendments made to existing tax provisions that make minor modifications or technical changes.
(2) “Perfecting elections” includes correcting omissions or errors only when substantial evidence is present with the filed return that the taxpayer intended to make the election and does not include making an election where one was not previously attempted to be made.
(3) “Substantial unintentional noncompliance,” for purposes of Part 11 (commencing with Section 23001), includes any case in which the taxpayer filed a water’s-edge contract with a timely filed original return and timely paid all taxes and other required amounts shown on the return consistent with the water’s-edge election, but where the taxpayer’s election is or might be invalidated by reason of the act or omission of an affiliated corporation that is not the parent or a subsidiary of the taxpayer. In that case, notwithstanding anything to the contrary in this section, relief shall be deemed granted to validate the taxpayer’s water’s-edge election, conditioned only upon an agreement by the affiliated corporation to either (A) file a water’s-edge contract and pay all taxes and other required amounts consistent with that election, or (B) waive any right, with respect to any taxable year for which the corporation did not make a water’s-edge election on its own timely filed return, to determine its income derived from or attributable to sources within this state pursuant to that election, whichever measure produces the greater amount of tax.
(e) This section shall apply to any Franchise Tax Board resolution adopted after the effective date of this section with respect to any taxable year that is subject to an open statute of limitations on the date of the resolution.

SEC. 186.

 Section 19264 of the Revenue and Taxation Code is amended to read:

19264.
 (a) Notwithstanding Sections 706.071, 706.073, 706.080, 706.101, and 706.105 706.071 and 706.080  of the Code of Civil Procedure, the Franchise Tax Board may serve  shall establish a pilot program to issue  earnings withholding orders for taxes and any other notice or document required to be served or provided in connection with an earnings withholding order for taxes  order,  pursuant to Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure Procedure,  to government and private employers by magnetic media,  electronic transmission transmission,  or other electronic technology. The purpose of the pilot program is to study the feasibility and cost-effectiveness of the Franchise Tax Board issuing earnings withholding orders to employers using magnetic media, electronic transmission, or other electronic technology. 
(b) The pilot program shall apply to any earnings withholding order for taxes and any other notice or document required to be served or provided in accordance with subdivision (a) on or after January 1, 1997, and before January 1, 1999, to an employer who agrees to participate in the pilot program.
(b) (c)  Upon consent For purposes  of the employer,  pilot program,  the Franchise Tax Board may provide service by electronic transmission or other electronic technology under this section. shall identify and work with employers who agree to be served as authorized by subdivision (a). 
(d) The pilot program shall be successful if the Franchise Tax Board can demonstrate all of the following:
(1) The Franchise Tax Board’s time to prepare and serve earnings withholding orders by magnetic media, electronic transmission, or other electronic technology, as authorized by subdivision (a), will be reduced by at least two days when compared to orders that would otherwise be prepared and served under Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(2) The Franchise Tax Board’s administrative cost to prepare and serve earnings withholding orders by magnetic media, electronic transmission, or other electronic technology, as authorized by subdivision (a), will be less than the cost to prepare and serve orders as specified under Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(3) The employer’s time and administrative costs to receive and comply with orders served in accordance with subdivision (a) do not exceed the time and administrative costs when compared to receiving and complying with orders served in accordance with Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(c) (e)  Notwithstanding Sections 706.071, 706.073, 706.080, 706.101, 706.125, and 706.126 of  If the Franchise Tax Board determines that the pilot program is successful based on the criteria stated in subdivision (d), the Franchise Tax Board may continue to issue earnings withholding orders for taxes and any other notice or document required to be served or provided in connection with an earnings withholding order, pursuant to Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of  the Code of Civil Procedure, the Franchise Tax Board may receive the “employer’s return,” as described in Section 706.126 of the Code of Civil Procedure, by electronic transmission to government and private employers who agree to accept service by magnetic media, electronic transmission,  or other electronic technology.
(d) (f)  This section shall apply in the same manner and with the same force and effect and to the full extent as if this section had been incorporated in full into Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(e) This section shall apply to notices served or provided on or after the effective date of the act adding this section.

SEC. 187.

 Section 23331 of the Revenue and Taxation Code is amended to read:

23331.
 (a) For the purposes of this article, the effective date of dissolution of a corporation is the date on which the certified copy of the court decree, judgment, or order declaring the corporation duly wound up and dissolved is filed in the office of the Secretary of State or the date on which the certificate of winding up, if necessary, and the certificate of dissolution are filed in the office of the Secretary of State. For the purposes of this article, the effective date of withdrawal of a foreign corporation is the date on which the certificate of withdrawal is filed in the office of the Secretary of State.
(b) The Secretary of State shall, through an information program and by forms and instructions provided to taxpayers, recommend that all documents required by this article to be filed with the Secretary of State be sent, if mailed, by certified mail with return receipt requested. The Secretary of State shall also provide the taxpayers a filing response  notify taxpayers that receipt of documents by the Secretary of State pursuant to this article will be acknowledged  within 21 days of receipt.
(c) On or before 21 days after their receipt, the Secretary of State shall provide a taxpayer with acknowledgment of the receipt of documents submitted by a taxpayer pursuant to this article.

SEC. 188.

 Section 155.8 of the Streets and Highways Code is repealed.

SEC. 189.

 Section 1598 of the Unemployment Insurance Code is repealed.

SEC. 190.

 Section 11005 of the Unemployment Insurance Code is repealed.

SEC. 191.

 Section 11011 of the Unemployment Insurance Code is amended to read:

11011.
 (a) On or before April 1, 1998, the Secretary of the Health and Welfare Agency, the Secretary of the Trade and Commerce Agency, the Chancellor of the California Community Colleges with the consent of the Board of Governors, and the Superintendent of Public Instruction, with the consent of the State Board of Education, shall enter into a memorandum of understanding to develop and maintain a plan including a schedule to do the following:
(1) (A) Develop a state workforce development plan to create an integrated, high-quality workforce development system out of the current array of job training and vocational education programs in order to prepare emerging, transitional, and current workers to be employed in the state’s global economy. The plan shall serve as a framework for the development of public policy, fiscal investment, and operation of all state workforce education and training programs.
(B) The plan, which shall be updated every five years, shall, at a minimum, include all of the following:
(i) Long-term goals for the state’s workforce development system.
(ii) Short-term objectives and benchmarks that the state will use to measure its progress towards meeting the state’s goals for the state workforce development system and its programs.
(iii) Identification of the role each institution and program plays in the statewide system and mechanism of articulation among programs.
(iv) A strategy for assessing unmet workforce preparation needs and areas of duplicative services and a description of measures to assure coordination, eliminate duplication, and maximize or redirect funding to more effectively deliver services to meet the state’s workforce development needs.
(v) A strategy for consolidating multiple planning processes.
(vi) A strategy with benchmarks for implementing a system of universal access to workforce development services ensuring access to comprehensive services in all rural and urban areas of the state.
(C) The plan shall be developed through a collaborative process that shall include review and input by state, regional, and local workforce education and training providers, private industry councils, and representatives of business and labor.
(2) Initiate a competitive process to select a minimum of five regional education, workforce preparation, and economic development collaboratives, known as regional collaboratives, that will receive financial and program incentives to develop local partnerships to maximize the delivery of employment, training, and education services. These partnerships shall collaborate in the development of shared systems to improve their efficiency and effectiveness in delivering workforce development services.
(3) Identify new and redirected resources, federal and state waivers, and legislative changes necessary to enhance the effectiveness of regional collaboratives.
(b) Regional collaboratives shall have representation from the following public and private entities:
(1) The Employment Development Department.
(2) The local Job Training Partnership Act administrative entity.
(3) Community college districts.
(4) Local school districts, including those that provide adult education and regional occupational centers or programs.
(5) Regional occupational centers serving adults.
(6) Entities administering local public assistance welfare-to-work programs.
(7) Local economic development organizations.
(8) The private sector, including both business and labor.
In addition, the competitive selection process shall emphasize the expectation that these regional collaboratives will have broad representation of all public, private, and nonprofit agencies that have an interest in education, economic development, welfare-to-work, and workforce development.
(c) Regional collaboratives shall be selected and shall receive financial and program incentives effective July 1, 1998.
(d) From existing state and federal funds available for expenditure for the purposes of this section, the state partners shall identify five million dollars ($5,000,000) per year for each of three years for distribution to a minimum of five regional collaboratives, in order to create systemic change that results in increased collaboration and service delivery within each region.

SEC. 192.

 Section 2575 of the Vehicle Code is repealed.

SEC. 193.

 Section 4750.2 of the Vehicle Code is repealed.

SEC. 194.

 Section 4750.4 of the Vehicle Code is amended to read:

4750.4.
 Information provided by an insurer to the department pursuant to Section 11580.10 of the Insurance Code and former Section 4750.2, as added by Chapter 946 of the Statutes of 1991, shall be made available only to law enforcement agencies for law enforcement purposes.

SEC. 195.

 Section 5011.5 of the Vehicle Code is amended to read:

5011.5.
 Every limousine operated by a charter-party carrier, as defined by Section 5371.4 of the Public Utilities Code, shall display a special identification license plate issued pursuant to Section 5385.6 of that code.
This section shall become operative on July 1, 1995.

SEC. 196.

 Section 14112 of the Vehicle Code is amended to read:

14112.
 (a) All matters in a hearing not covered by this chapter shall be governed, as far as applicable, by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Subdivision (a) of Section 11425.30 of the Government Code does not apply to a proceeding for issuance, denial, revocation, or suspension of a driver’s license pursuant to this division.

SEC. 197.

 Section 21370.1 of the Vehicle Code is repealed.

SEC. 198.

 Section 32005 of the Vehicle Code is repealed.

SEC. 199.

 Section 34508.5 of the Vehicle Code is repealed.

SEC. 200.

 Section 40001 of the Vehicle Code is amended to read:

40001.
 (a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to cause the operation of the vehicle upon a highway in any manner contrary to law.
(b) It is unlawful for an owner to request, cause, or permit the operation of any vehicle that is any of the following:
(1) Not registered or for which any fee has not been paid under this code.
(2) Not equipped as required in this code.
(3) Not in compliance with the size, weight, or load provisions of this code.
(4) Not in compliance with the regulations promulgated pursuant to this code, or with applicable city or county ordinances adopted pursuant to this code.
(5) Not in compliance with the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and the rules and regulations of the State Air Resources Board.
(c) Any employer who violates an out-of-service order, that complies with Section 396.9 of Title 49 of the Code of Federal Regulations, or who knowingly requires or permits a driver to violate or fail to comply with that out-of-service order, is guilty of a misdemeanor.
(d) An employer who is convicted of allowing, permitting, requiring, or authorizing a driver to operate a commercial motor vehicle in violation of any statute or regulation pertaining to a railroad-highway grade crossing is subject to a fine of not more than ten thousand dollars ($10,000).
(e) Whenever a violation is chargeable to the owner or lessee of a vehicle pursuant to subdivision (a) or (b), the driver shall not be arrested or cited for the violation unless the vehicle is registered in a state or country other than California, or unless the violation is for an offense that is clearly within the responsibility of the driver.
(f) Whenever the owner, or lessee, or any other person is prosecuted for a violation pursuant to this section, the court may, on the request of the defendant, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. However, the court may make the driver a codefendant only if the driver is the owner or lessee of the vehicle, or the driver is an employee or a contractor of the defendant who requested the court to make the driver a codefendant. If the codefendant is held solely responsible and found guilty, the court may dismiss the charge against the defendant.
(g) In any prosecution under this section, it is a rebuttable presumption that any person who gives false or erroneous information in a written certification of actual gross cargo weight has directed, requested, caused, or permitted the operation of a vehicle in a manner contrary to law in violation of subdivision (a) or (b), or both.

SEC. 201.

 Section 42007 of the Vehicle Code is amended to read:

42007.
 (a) (1)  The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section 41501 or 42005  42005 or who attends any other court-supervised program of traffic safety instruction. The fee shall be  in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. As used in this subdivision, “total bail” means the amount established pursuant to Section 1269b of the Penal Code in accordance with the Uniform Statewide  Bail and Penalty  Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts. Where multiple offenses are charged in a single notice to appear, the “total bail” is the amount applicable for the greater of the qualifying offenses. However, the court may determine a lesser fee under this subdivision upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of traffic safety instruction offered by a traffic violator school. the school or other program. 
(2) The clerk may accept from a defendant who is ordered or permitted to attend traffic violator school a payment of at least 10 percent of the fee required by paragraph (1) upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment of the fee in installments. When the defendant signs the Judicial Council form for payment of the fee in installments, the court shall continue the case to the date in the agreement to complete payment of the fee and submit the certificate of completion of traffic violator school to the court. The clerk shall collect a fee of up to thirty-five dollars ($35) to cover administrative and clerical costs for processing an installment payment of the traffic violator school fee under this paragraph.
(3) If a defendant fails to make an installment payment of the fee according to an installment agreement, the court may convert the fee to bail, declare it forfeited, and report the forfeiture as a conviction under Section 1803. The court may also charge a failure to pay under Section 40508 and impose a civil assessment as provided in Section 1214.1 of the Penal Code or issue an arrest warrant for a failure to pay. For the purposes of reporting a conviction under this subdivision to the department under Section 1803, the date that the court declares the bail forfeited shall be reported as the date of conviction.
(b) Revenues derived from the fee collected under this section shall be deposited in accordance with Section 68084 of the Government Code in the general fund of the county and, as may be applicable, distributed as follows:
(1) In any county in which a fund is established pursuant to Section 76100 or 76101 of the Government Code, the sum of one dollar ($1) for each fund so established shall be deposited with the county treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code, an amount equal to the sum of each two dollars ($2) for every seven dollars ($7) that would have been collected pursuant to Section 76000 of the Government Code and, commencing January 1, 2009, an amount equal to the sum of each two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code with respect to those counties to which that section is applicable  shall be deposited in that fund. Nothing in the act that added this paragraph shall be interpreted in a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set aside, on or before January 1, 2000, to finance debt service on a capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment revenues that had been pledged, on or before January 1, 2000, as a means of financing a facility which was approved by a county board of supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of the Government Code shall be transferred pursuant to subdivision (f) of that section.
(c) For fees resulting from city arrests, an amount equal to the amount of base fines that would have been deposited in the treasury of the appropriate city pursuant to paragraph (3) of subdivision (b) of Section 1463.001 of the Penal Code shall be deposited in the treasury of the appropriate city.
(d) As used in this section, “court-supervised program” includes, but is not limited to, any program of traffic safety instruction the successful completion of which is accepted by the court in lieu of adjudicating a violation of this code.
(d) (e)  The clerk of the court, in a county that offers traffic school shall include in any courtesy notice mailed to a defendant for an offense that qualifies for traffic school attendance the following statement:
 
NOTICE: If you are eligible and decide not to attend traffic school your automobile insurance may be adversely affected. For drivers with a noncommercial driver’s license, one conviction in any 18-month period will be held confidential and not show on your driving record if you complete a traffic violator school program. For drivers with a commercial driver’s license, one conviction in any 18-month period will show on your driving record without a violation point if you complete a traffic violator school program. 
 
(e) Notwithstanding any other provision of law, a county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code shall not be held liable for having deposited into the fund, prior to January 1, 2009, an amount equal to two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code from revenues derived from traffic violator school fees collected pursuant to this section.

SEC. 202.

 Section 1061 of the Water Code is repealed.

SEC. 203.

 Section 12226.1 of the Water Code is repealed.

SEC. 204.

 Section 12228 of the Water Code is repealed.

SEC. 205.

 Section 225.05 of the Welfare and Institutions Code is repealed.

SEC. 206.

 Section 398 of the Welfare and Institutions Code is repealed.

SEC. 207.

 Section 503 of the Welfare and Institutions Code is amended to read:

503.
 Programs funded under this article shall adopt and pursue the following policies:
(a) Each participating law enforcement agency shall do all of the following:
(1) Gather data on identified serious habitual offenders.
(2) Compile data into a usable format for law enforcement, prosecutors, probation officers, schools, and courts pursuant to an interagency agreement.
(3) Regularly update data and disseminate data to juvenile justice system agencies, as needed.
(4) Establish local policies in cooperation with the prosecutor, the probation officer, schools, and the juvenile court regarding data collection, arrest, and detention of serious habitual offenders.
(5) Provide support and assistance to other agencies engaged in the program.
(b) Each participating district attorney’s office shall do all of the following:
(1) File petitions based on the most serious provable offenses of each arrest of a serious habitual offender.
(2) Use all reasonable prosecutorial efforts to resist the release, where appropriate, of the serious habitual offender at all stages of the prosecution.
(3) Seek an admission of guilt on all offenses charged in the petition against the offender. The only cases in which the prosecutor may request the court to reduce or dismiss the charges shall be cases in which the prosecutor decides there is insufficient evidence to prove the people’s case, the testimony of a material witness cannot be obtained or a reduction or dismissal will not result in a substantial change in sentence. In those cases, the prosecutor shall file a written declaration with the court stating the specific factual and legal basis for such a reduction or dismissal and the court shall make specific findings on the record of its ruling and the reasons therefor.
(4) Vertically prosecute all cases involving serious habitual offenders, whereby the prosecutor who makes the initial filing decision or appearance on such a case shall perform all subsequent court appearances on that case through its conclusion, including the disposition phase.
(5) Make all reasonable prosecutorial efforts to persuade the court to impose the most appropriate sentence upon such an offender at the time of disposition. As used in this paragraph, “most appropriate sentence” means any disposition available to the juvenile court.
(6) Make all reasonable prosecutorial efforts to reduce the time between arrest and disposition of the charge.
(7) Act as liaison with the court and other criminal justice agencies to establish local policies regarding the program and to ensure interagency cooperation in the planning and implementation of the program.
(8) Provide support and assistance to other agencies engaged in the program.
(c) Each participating probation department shall do all of the following:
(1) Cooperate in gathering data for use by all participating agencies pursuant to interagency agreement.
(2) Detain minors in custody who meet the detention criteria set forth in Section 628.
(3) Consider the data relating to serious habitual offenders when making all decisions regarding the identified individual and include relevant data in written reports to the court.
(4) Use all reasonable efforts to file violations of probation pursuant to Section 777 in a timely manner.
(5) Establish local policies in cooperation with law enforcement, the district attorney, schools, and the juvenile court regarding the program and provide support and assistance to other agencies engaged in the program.
(d) Each participating school district shall do all of the following:
(1) Cooperate in gathering data for use by all participating agencies pursuant to interagency agreement. School district access to records and data shall be limited to that information that is otherwise authorized by law.
(2) Report all crimes that are committed on campus by serious habitual offenders to law enforcement.
(3) Report all violations of probation committed on campus by serious habitual offenders to the probation officer or his or her designee.
(4) Provide educational supervision and services appropriate to serious habitual offenders attending schools.
(5) Establish local policies in cooperation with law enforcement, the district attorney, probation and the juvenile court regarding the program and provide support and assistance to other agencies engaged in the program.

SEC. 208.

 Section 898.5 of the Welfare and Institutions Code is repealed.

SEC. 209.

 Section 1120 of the Welfare and Institutions Code is amended to read:

1120.
 (a) It is the intent of the Legislature to insure an appropriate educational program for wards committed to the Department of the Youth Authority. The objective of the program shall be to improve the academic, vocational, and life survival skills of each ward so as to enable these wards to return to the community as productive citizens.
(b) The department shall assess the educational needs of each ward upon commitment and at least annually thereafter until released on parole. The initial assessment shall include a projection of the academic, vocational, and psychological needs of the ward and shall be used both in making a determination as to the appropriate educational program for the ward and as a measure of progress in subsequent assessments of the educational development of the ward.
The educational program of the department shall be responsive to the needs of all wards, including those who are educationally handicapped or limited-English-speaking wards.
(c) The statewide educational program of the department shall include, but shall not be limited to, all of the following courses of instruction:
(1) Academic preparation in the areas of verbal communication skills, reading, writing, and arithmetic.
(2) Vocational preparation including vocational counseling, training in marketable skills, and job placement assistance.
(3) Life survival skills, including preparation in the areas of consumer economics, family life, and personal and social adjustment.
All of the aforementioned courses of instruction shall be offered at each institution within the jurisdiction of the department except camps and those institutions whose primary function is the initial reception and classification of wards. At such camps and institutions the educational program shall take into consideration the purpose and function of the camp and institutional program.

SEC. 210.

 Section 1756.1 of the Welfare and Institutions Code is repealed.

SEC. 211.

 Section 1906 of the Welfare and Institutions Code is repealed.

SEC. 212.

 Section 1914 of the Welfare and Institutions Code is repealed.

SEC. 213.

 Section 4026 of the Welfare and Institutions Code is repealed.

SEC. 214.

 Section 4390 of the Welfare and Institutions Code is amended to read:

4390.
 The Legislature finds that an evaluation of program effectiveness is both desirable and necessary and accordingly requires the following:
No later than June 30, 1993, and each year thereafter through the term of the grant award, each local education agency that receives a matching grant under this part shall submit a report to the director that shall include the following:
(a) An evaluation of the effectiveness of the local educational agency in achieving stated goals.
(b) A description of the problems encountered in the design and operation of the school-based early mental health intervention and prevention services program, including, but not limited to, identification of any federal, state, or local regulations that impeded program implementation.
(c) The number of eligible pupils served by the program.
(d) The number of additional eligible pupils who have not been served.
(e) An evaluation of the impact of the school-based early mental health intervention and prevention services program on the local educational agency and the children completing the program. The program shall be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the four following areas:
(1) Learning behaviors.
(2) Attendance.
(3) School adjustment.
(4) School-related competencies. Improvement shall be compared with comparable children in that school district that do not complete or participate in the program.
(f) An accounting of local budget savings, if any, resulting from the implementation of the school-based early mental health intervention and prevention services program.
(g) A revised plan of how the proposed school-based early mental health intervention and prevention services program will be continued after the state matching grant has expired, including a list of cooperative entities that will assist in providing the necessary funds and services. Beginning in 1993, this shall, to the extent information is provided by the local mental health department, include a description of the availability of federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. 1396 and following) through a cooperative agreement or contract with the local mental health department. The county office of education may submit the report on the availability of federal financial participation on behalf of the participating local education agencies with the county. In any county in which there is an interagency children’s services coordination council established pursuant to Section 18986.10, a report submitted pursuant to this paragraph shall be submitted to the council for its review and approval.

SEC. 215.

 Section 4506 of the Welfare and Institutions Code is repealed.

SEC. 216.

 Section 4519.5 of the Welfare and Institutions Code is repealed.

4519.5.
 (a) The department and the regional centers shall annually collaborate to compile and report, consistent with applicable federal and state privacy laws, data, including deidentified data in accordance with subdivision (m), in a uniform manner relating to purchase of service authorization, utilization, and expenditure by each regional center with respect to all of the following:
(1) The age of the consumer, categorized by the following:
(A) Birth to two years of age, inclusive.
(B) Three to 21 years of age, inclusive.
(C) Twenty-two years of age and older.
(2) Race or ethnicity of the consumer.
(3) Preferred language spoken by the consumer, and other related details, as feasible.
(4) Disability detail, in accordance with the categories established by subdivision (a) of Section 4512, and, if applicable, a category specifying that the disability is unknown.
(5) Residence type, subcategorized by age, race or ethnicity, and preferred language.
(6) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 60 days after the request.
(7) Number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, the consumer’s parents, legal guardian or conservator, or authorized representative, in a threshold language, as defined by paragraph (3) of subdivision (a) of Section 1810.410 of Title 9 of the California Code of Regulations, if that written copy was provided more than 45 days after the request, in violation of paragraph (5) of subdivision (a) of Section 4646.5.
(8) Beginning with data for the fiscal year of 2023–24, the numbers, percentages, and total and per capita expenditure and authorization amounts, by age, as applicable, according to race or ethnicity and preferred language, for all combined residence types and for consumers living in the family home, regarding the following service types:
(A) Camping and associated travel expenses.
(B) Social recreation activities.
(C) Educational services.
(D) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music.
(b) The data reported pursuant to subdivision (a) shall also include the number and percentage of individuals, categorized by age, race or ethnicity, and disability, and by residence type, as set forth in paragraph (5) of subdivision (a), who have been determined to be eligible for regional center services, but are not receiving purchase of service funds.
(c) (1) (A) By March 31, 2013, each regional center shall post the data described in this section that are specific to the regional center on its website. Commencing on December 31, 2013, each regional center shall annually post these data by December 31. Each regional center shall maintain all previous years’ data on its website.
(B) Commencing December 31, 2023, each regional center shall post its data uniformly with all other regional centers, using the same criteria, format, and organization.
(2) Notwithstanding the requirement pursuant to paragraph (1), if the information required to be posted pursuant to this section is produced and posted by the department for each regional center, each regional center instead may link to that information from its internet website.
(d) By March 31, 2013, the department shall post the information described in this section on a statewide basis on its website. Commencing December 31, 2013, the department shall annually post this information by December 31. The department shall maintain all previous years’ data on its website. The department shall also post notice of any regional center stakeholder meetings on its website.
(e) In addition to maintaining hyperlinks to each regional center’s reports on its internet website, commencing December 1, 2024, the department shall also post the data compiled pursuant to subdivisions (a) and (b), and the data compiled pursuant to Section 4519.6, in the same uniform manner as reported by the regional centers, as follows:
(1) On a statewide aggregate basis.
(2) On an aggregate basis according to particular geographical areas, as determined by the department in consultation with stakeholders.
(3) The department shall provide trend analysis on the changes observed in data over time, including increasing and decreasing utilization of services by any of the characteristics cited in subdivision (a).
(f) After December 1, 2024, the department and regional centers shall post information required to be posted pursuant to this section in machine-readable format.
(g) Within three months of compiling the data with the department, and annually thereafter, each regional center shall meet with stakeholders in one or more public meetings regarding the data. The meeting or meetings shall be held separately from any meetings held pursuant to Section 4660. The regional center shall provide participants of these meetings with the data and any associated information related to improvements in the provision of developmental services to underserved communities and shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that community, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations. Regional centers shall inform the department of the scheduling of those public meetings 30 days prior to the meeting. Notice of the meetings shall also be posted on the regional center’s website 30 days prior to the meeting and shall be sent to individual stakeholders and groups representing underserved communities in a timely manner. Each regional center shall, in holding the meetings required by this subdivision, consider the language needs of the community and shall schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities.
(h) (1) Consistent with subdivision (h) of Section 4648, regional centers shall annually provide each individual with their purchase of services data and any associated information related to improvements in the provision of developmental services to them. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations.
(2) When implemented in the statewide case management system, the information described in paragraph (1) shall be available to individuals through the consumer portal. If requested, regional centers shall conduct a discussion of the data and the associated information in a manner that is culturally and linguistically appropriate for that individual, including providing alternative communication services, as required by Sections 11135 to 11139.7, inclusive, of the Government Code and implementing regulations.
(i) (1) Each regional center shall annually report to the department regarding its implementation of the requirements of this section. The report shall include, but shall not be limited to, all of the following:
(A) Actions the regional center took to improve public attendance and participation at stakeholder meetings, including, but not limited to, attendance and participation by underserved communities.
(B) Copies of minutes from the meeting and attendee comments.
(C) Whether the data described in this section, including data deidentified pursuant to subdivision (m) of this section, indicate a need to reduce disparities in the purchase of services among consumers in the regional center’s catchment area. If the data do indicate that need, the regional center’s recommendations and plan to promote equity, and reduce disparities, in the purchase of services.
(2) Each regional center and the department shall annually post the reports required by paragraph (1) on its website by August 31.
(j) (1) The department shall, on a twice-a-year basis, consult with stakeholders, including consumers and families that reflect the ethnic and language diversity of regional center consumers, regional centers, advocates, providers, family resource centers, the protection and advocacy agency described in Section 4901, and those entities designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service pursuant to Section 15061 of Title 42 of the United States Code, to achieve the following objectives:
(A) Review the data compiled pursuant to subdivisions (a) and (b).
(B) Identify barriers to equitable access to services and supports among consumers, including consumers whose purchase of services data have been deidentified pursuant to subdivision (m), and develop recommendations to help reduce disparities in purchase of service expenditures.
(C) Identify gaps in, and encourage the development and expansion of, culturally appropriate services, service delivery, and service coordination.
(D) Identify best practices to reduce disparity and promote equity.
(E) Maximize transparency whenever possible, including aggregation by region or display as percentages, as necessary.
(2) The department shall notify the Legislature when information is posted on its internet website pursuant to this section.
(k) (1) Subject to available funding, the department shall allocate funding to regional centers or community-based organizations with department oversight to assist with implementation of the recommendations and plans developed pursuant to subdivisions (i) and (j). Activities funded through these allocations may include, but are not limited to, pay differentials supporting direct care bilingual staff of community-based service providers, parent or caregiver education programs, cultural competency training for regional center staff, outreach to underserved populations, or additional culturally appropriate service types or service delivery models.
(2) Each regional center shall consult with stakeholders regarding activities that may be effective in addressing disparities in the receipt of regional center services and the regional center’s proposed requests for the funding specified in paragraph (1). Each regional center shall identify the stakeholders it consulted with, including groups whose purchase of services data have been deidentified, and include information on how it incorporated the input of stakeholders into its requests.
(3) A community-based organization may submit a request for grant funding pursuant to this subdivision. In order to protect confidential data, the department or a regional center may waive a grant application requirement to provide data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws. The organization shall submit the request concurrently to the regional center of the jurisdiction in which the organization is located and to the department. The regional center shall provide the department with input regarding the request prior to the department’s final determination on the request.
(4) The department shall review requests for funding within 45 days from the deadline specified in the department’s guidance to regional centers and community-based organizations.
(5) Each regional center and community-based organization receiving funding shall report annually to the department, in a manner determined by the department, on how the funding allocations were used and shall include recommendations of priorities for activities that may be effective in addressing disparities, based on the consultation with stakeholders.
(6) The department shall post the following information on its website:
(A) By September 1 of any year in which grant funding is available and has not been allocated, a structure for the grant program, including all of the following information:
(i) How community-based organizations reflecting groups that are disadvantaged by disparities in the purchase of services will be invited to participate in the grant program, including groups whose purchase of services data have been deidentified.
(ii) How statewide strategies were considered.
(iii) How the department will ensure grant funds are not used for activities that regional centers are otherwise required by statute or regulation to conduct.
(iv) How funded activities will be evaluated.
(v) How community-based organizations reflecting groups that are impacted by disparities can receive a waiver for the submission of data supporting that application, if that data would be subject to deidentification pursuant to applicable federal or state privacy laws.
(B) By October 1 of any year in which grant funding is available and has not been allocated, the final invitation for requests for funding or another mechanism through which requests for funding are solicited.
(C) By January 1 of any year in which grant funding has been allocated, a list of grant recipients, funding level per grant, and a description of the funded project.
(D) By May 1 of any year in which the information is available, evaluation results from prior grants. To ensure the department complies with this subparagraph, regional centers and community-based organizations receiving funding shall provide the department, by March 1 of the same year, with an evaluation of funded activities and the effectiveness of those activities in reducing disparities in the purchase of services, to the extent information is available. The provision of data by community-based organizations reflecting groups that are impacted by disparities whose purchase of services data otherwise would have to be deidentified pursuant to applicable federal or state privacy laws may be waived for the purpose of reporting grant outcomes pursuant to this subdivision.
(l) On or before December 31, 2021, the department shall contract with an entity or entities with demonstrated experience in quantitative and qualitative data evaluation to design and conduct an independent evaluation of the efforts to promote equity and reduce disparities pursuant to subdivision (k).
(m) (1) The data compiled pursuant to subdivisions (a) and (b) shall be deidentified in accordance with Section 164.514 of Title 45 of the Code of Federal Regulations or with updated regulations regarding the deidentification of data in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) prior to that data being disclosed publicly to third parties, including, but not limited to, stakeholders, or posted on internet websites.
(2) The department shall deidentify purchase of services data pertaining to any regional center in a manner that maximizes transparency.

SEC. 217.

 Section 4637 of the Welfare and Institutions Code is repealed.

SEC. 218.

 Section 4681.2 of the Welfare and Institutions Code is repealed.

SEC. 219.

 Section 4689.1 of the Welfare and Institutions Code is amended to read:

4689.1.
 (a) The Legislature declares that it places a high priority on providing opportunities for adults with developmental disabilities to live with families approved by family home agencies and to receive services and supports in those settings as determined by the individual program plan. Family home agencies may offer services and supports in family homes or family teaching homes. All requirements of this section and Sections 4689.2 to 4689.6, inclusive, shall apply to a family home and a family teaching home. 
(b) For purposes of this section, “family home” means a home that is owned, leased, or rented by, and is the family residence of, the family home provider or providers, and in which services and supports are provided to a maximum of two adults with developmental disabilities regardless of their degree of disability, and who do not require continuous skilled nursing care.
(c) For purposes of this section, “family teaching home” means a home that is owned, leased, or rented by the family home agency wherein the family home provider and the individual have independent residences, either contiguous or attached, and in which services and supports are provided to a maximum of three adults with developmental disabilities regardless of their degree of disability, and who do not require continuous skilled nursing care.
(d) (c)  For purposes of this section, “family home agency” means a private for-profit or  not-for-profit agency that is vendored to do all of the following:
(1) Recruit, approve, train, and monitor family home providers.
(2) Provide social services and in-home support to family home providers.
(3) Assist adults with developmental disabilities in moving into approved family homes.
(e) (d)  For purposes of ensuring that regional centers may secure high-quality  high quality  services that provide supports in natural settings and promote inclusion and meaningful participation in community life for adults with developmental disabilities, the department shall promulgate regulations for family home agencies, family teaching homes,  agencies  and family homes that shall include, but not be limited to, standards and requirements related to all of the following:
(1) Selection criteria for regional centers to apply in vendoring family home agencies, including, but not limited to, all of the following:
(A) The need for service.
(B) The experience of the agency or key personnel in providing the same or comparable services.
(C) The reasonableness of the agency’s overhead.
(D) The capability of the regional center to monitor and evaluate the vendor.
(2) Vendorization.
(3) Operation of family home agencies, including, but not limited to, all of the following:
(A) Recruitment.
(B) Approval of family homes.
(C) Qualifications, training, and monitoring of family home providers.
(D) Assistance to consumers in moving into approved family homes.
(E) The range of services and supports to be provided.
(F) Family home agency staffing levels, qualifications, and training.
(4) Program design.
(5) Program and consumer records.
(6) Family homes.
(7) (A) Rates of payment for family home agencies and approved family home providers. In developing the rates pursuant to regulation, the department may require family home agencies and family homes to submit program cost or other information, as determined by the department.
(7) (B)  Rates of payment for family home agencies and approved family home providers.  Regional center reimbursement to family home agencies for services in a family home  shall not exceed rates established pursuant to subdivision (b) of Section 4681.5 for individuals who reside in a community care facility, as defined in Section 1502 of the Health and Safety Code, that is vendored for four beds or fewer. for similar individuals when residing in other types of out-of-home care established pursuant to Section 4681.1. 
(8) The department and regional center’s monitoring and evaluation of the family home agency and approved homes, which shall be designed to ensure that services do all of the following:
(A) Conform to applicable laws and regulations and provide for the consumer’s health and well-being.
(B) Assist the consumer in understanding and exercising their  his or her  individual rights.
(C) Are consistent with the family home agency’s program design and the consumer’s individual program plan.
(D) Maximize the consumer’s opportunities to have choices in where the consumer  he or she  lives, works, and socializes.
(E) Provide a supportive family home environment, available to the consumer 24 hours per a  day, that is clean, comfortable, and accommodating to the consumer’s cultural preferences, values, and lifestyle.
(F) Are satisfactory to the consumer, as indicated by the consumer’s quality of life as assessed by the consumer, their family, and, his or her family, and  if appointed, conservator, or significant others, or all of these, as well as by evaluation of outcomes relative to individual program plan objectives.
(9) Monthly monitoring visits by family home agency social service staff to approved family homes and family teaching  homes.
(10) Procedures whereby the regional center and the department may enforce applicable provisions of law and regulation, investigate allegations of abuse or neglect, and impose sanctions on family home agencies and approved family homes and family teaching  homes, including, but not limited to, all of the following:
(A) Requiring movement of a consumer from a family home under specified circumstances.
(B) Termination of approval of a family home or family teaching  home.
(C) Termination of the family home agency’s vendorization.
(11) Appeal procedures.
(f) (e)  Each adult with developmental disabilities placed in a family home or family teaching home  shall have the rights specified in this division, including, but not limited to, the rights specified in Section 4503.
(g) (f)  Prior to placement in a family home of an adult with developmental disabilities who has a conservator, consent of the conservator shall be obtained.
(h) (g)  The adoption of any emergency regulations to implement this section that are filed with the Office of Administrative Law within one year of the date on which the act that added this section took effect shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

SEC. 220.

 Section 4692 of the Welfare and Institutions Code is repealed.

SEC. 221.

 Section 4751 of the Welfare and Institutions Code is repealed.

SEC. 222.

 Section 4838 of the Welfare and Institutions Code is repealed.

SEC. 222.1.

 Section 4840 of the Welfare and Institutions Code is repealed.

SEC. 223.

 Section 4842 of the Welfare and Institutions Code is repealed.

SEC. 224.

 Section 5719.5 of the Welfare and Institutions Code is amended to read:

5719.5.
 (a) Notwithstanding any other provision of state law, and to the extent permitted by federal law, the State Department of Mental Health may, in consultation with the State Department of Health Services, field test major components of a capitated, integrated service system of Medi-Cal mental health managed care in not less than two, and not more than five participating counties.
(b) County participation in the field test shall be at the counties’ option.
(c) Counties eligible to participate in the field test described in subdivision (a) shall include either of the following:
(1) Any county with an existing county organized health system.
(2) Any county that has been designated for the development of a new county organized health system.
(d) The State Department of Mental Health, in consultation with the State Department of Health Services, the counties selected for field testing, and groups representing mental health clients, their families and advocates, county mental health directors, and public and private mental health professionals and providers, shall develop, for the purpose of the field test, major components for an integrated, capitated service system of Medi-Cal mental health managed care, including, but not limited to, all of the following:
(1) (A) A definition of medical necessity.
(B) The preliminary definition developed pursuant to this paragraph shall be submitted to the Legislature no later than February 1, 1994.
(2) Protocols for facilitating access and coordination of mental health, physical health, educational, vocational, and other supportive services for persons receiving services through the field test.
(3) Procedures for promoting quality assurance, performance monitoring measures and outcome evaluation, including measures of client satisfaction, and procedures for addressing beneficiary grievances concerning service denials, changes, or terminations.
(e) Counties participating in the field test shall report to the State Department of Mental Health as the department deems necessary.
(f) Counties participating in the field test shall do both of the following:
(1) (A) Explore, in consultation with the State Department of Mental Health, the State Department of Health Services, and the California Mental Health Directors Association, rates for capitated, integrated Medi-Cal mental health managed care systems, using an actuarially sound ratesetting methodology.
(B) These rates shall be evaluated by the State Department of Mental Health and the State Department of Health Services to determine their fiscal impact, and shall result in no increase in cost to the General Fund, compared with the cost that would occur under the existing organization of Medi-Cal funded mental health services, except for caseload growth and price increases as included in the Medi-Cal estimates prepared by the State Department of Health Services and approved by the Department of Finance. In evaluating the fiscal impact of these rates, the departments shall take into account any shift in clients between Medi-Cal programs in which the nonfederal match is funded by state funds and those in which the match is funded by local funds.
(2) Demonstrate the appropriate fiscal relationship between county organized health systems for the federal medicaid program and integrated, capitated Medi-Cal mental health managed care programs.

SEC. 225.

 Section 5734 of the Welfare and Institutions Code is repealed.

SEC. 226.

 Section 5914 of the Welfare and Institutions Code is repealed.

SEC. 227.

 Section 10627 of the Welfare and Institutions Code is repealed.

SEC. 228.

 Section 11004.5 of the Welfare and Institutions Code is repealed.

SEC. 229.

 Section 11008 of the Welfare and Institutions Code is amended to read:

11008.
 (a) In order that recipients of public assistance may become self-supporting and productive members of their communities, it is essential that they be permitted to earn money without a proportionate deduction in their aid grants. It is the intention of the Legislature to promote this objective and the department, in implementing public assistance laws, is directed to do so in the light of this objective.
(b) To the extent required by federal law, earned income of a recipient of aid under any public assistance program for which federal funds are available shall not be considered income or resources of the recipient, and shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. In computing the amount of income determined to be available to support a recipient, the value of currently used resources shall be included, except as provided in Section 11018.
(c) This section does not apply to recipients under Chapter 3 (commencing with Section 12000) of this part.

SEC. 230.

 Section 11008.19 of the Welfare and Institutions Code is amended to read:

11008.19.
 (a) (1) To the degree child care and development services administered by the State Department of Education pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code are used to serve families receiving aid to families with dependent children that are eligible for child care under the AFDC program, the department and the State Department of Education, in consultation with the county welfare departments, shall establish a system for documenting child care usage by this population so the state can claim the maximum amount to which it is entitled under Title IV-A of the Social Security Act, contained in Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code.
(2) To the extent permitted by federal law, the department and the State Department of Education shall coordinate their efforts and claim federal financial participation pursuant to Title IV-A of the Social Security Act.
(3) Upon the approval of the Superintendent of Public Instruction, the department, and the State Department of Education shall enter into an interagency agreement to transfer Title IV-A funds from the department to the State Department of Education and to ensure that all federal requirements are met in carrying out the program made possible by the receipt of Title IV-A funds.
(4) The system established pursuant to paragraph (1) shall be implemented only to the extent that its implementation does not result in an overall increase in expenditures from the General Fund.
(b) (1) Title IV-A funds received pursuant to paragraph (1) of subdivision (a) shall be used to expand child care and development services in accordance with the interagency agreement required by paragraph (3) of subdivision (a).
(2) In no case shall Title IV-A funds received pursuant to this section be used to supplant existing state funds and cause the state to violate the maintenance of effort requirements for the federal Child Care and Development Block Grant and the Title IV-A “at-risk” programs. Funds made available pursuant to subdivision (a) shall be expended by the departments to support the following:
(A) Any additional administrative costs associated with documenting and claiming federal reimbursement incurred by the department, the State Department of Education, county welfare offices, and child care and development services contractors.
(B) Expanded child care and development services to families receiving AFDC benefits, in the following order of priority:
(i) AFDC families in approved education and training programs, except those receiving services under Article 3.2 (commencing with Section 11320) of Chapter 2.
(ii) AFDC applicants or recipients who choose the Alternative Assistance Program pursuant to Section 11280.
(iii) All other AFDC recipients who meet the eligibility criteria for federally funded Title IV-A child care pursuant to this section.
(c) (1) Notwithstanding Section 8278 of the Education Code and Item 6110-196-001 of the Budget Act of 1991 (Chapter 118 of the Statutes of 1991), the Superintendent of Public Instruction may authorize the expenditure of not more than one million dollars ($1,000,000) in child care carryover funds by the State Department of Education and the State Department of Social Services, through an interagency agreement, for the purposes of implementing the program specified in this section in the 1991–92 and 1992–93 fiscal years.
(2) Prior to making the authorization under paragraph (1), the Superintendent of Public Instruction shall notify the appropriate policy and fiscal committees of the Legislature of the amounts to be expended pursuant to this subdivision.
(3) Funds that may be expended pursuant to this subdivision shall be expended for the purpose of supporting administrative costs associated with claiming federal reimbursement for families with dependent children receiving services pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code. In the 1993–94 fiscal year and subsequent fiscal years, state administrative funds for both departments shall be appropriated in the annual Budget Act pursuant to subdivision (b).
(d) For purposes of this section, “Title IV-A funds” means federal money received pursuant to Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code.

SEC. 231.

 Section 11213 of the Welfare and Institutions Code is amended to read:

11213.
 For the purpose of developing a more efficient, effective, and equitable Aid to Families With Dependent Children-Foster Care program, the department shall develop:
(a) A management information database providing expenditure and caseload characteristics information, such as method of entry into AFDC-FC, average cost of placement, type of facility used for placement, and average length of stay in placement.
(b) A quality control system for AFDC-FC, and recommendations to the Legislature regarding resources required for implementation of the system by October 1, 1980.
(c) Recommendations to the Legislature regarding the following:
(1) A system or systems for establishing payment levels for children eligible to the AFDC-FC program.
(2) Plans and resources required for implementation of the selected system or systems by July 1, 1981.
(d) Recommendations to the Legislature regarding defining that segment of the population to be served by the AFDC-FC program, and impact of such definition on the current AFDC-FC population.

SEC. 232.

 Section 11215 of the Welfare and Institutions Code is amended to read:

11215.
 (a) The department, with the advice and assistance of the County Welfare Directors’ Association, the Chief Probation Officers’ Association, the California Conference of Local Mental Health Directors, and foster care providers, shall develop performance standards and outcome measures for determining the appropriateness of out-of-home care placements made under the AFDC-Foster Care program and for the effective and efficient administration of the AFDC-Foster Care program. These performance standards shall link county administration of the AFDC-Foster Care program to the state funding of the AFDC-Foster Care program as specified in subdivision (c) of Section 15200.
(b) (1) The performance standards required by this section shall be developed by July 1, 1993, and shall use the Child Welfare Services Case Management System as the database by which to collect county specific information. The performance standards shall be designed to measure each county’s performance in all of the areas over which the county has some degree of influence and other areas of measurable program performance that the department can demonstrate as areas over which county welfare and probation departments have adequate resources and can demonstrate meaningful managerial or administrative influence. These areas may include accuracy of eligibility determination, stability of foster care placement, appropriateness of level of care provided, compliance with statutory timeliness, and compliance with data reporting requirements. The performance standards system shall include, but not be limited to, outcome measures reflective of county placing agencies’ use of the Level of Care Assessment Instrument specified in Section 11467.
(2) The performance standards system shall be implemented in conjunction with the implementation of the Child Welfare Services Case Management System. If the Child Welfare Services Case Management System is not implemented by July 1, 1993, as specified in Section 16501.5, the implementation of the performance standards system, as specified in paragraphs (4) and (5), shall be moved to a date two years after the date of implementation of the Child Welfare Services Case Management System.
(3) Regulations regarding the implementation of the performance standards system shall be adopted no later than July 1, 1994. These regulations shall specify both the performance standards system and the manner by which the percentage of state reimbursement to each county for the AFDC-Foster Care program shall be determined.
(4) Effective July 1, 1995, any county that does not meet the performance standards shall be liable for a decrease in the percentage of state reimbursement for the AFDC-Foster Care program to the amounts specified in paragraph (2) of subdivision (c) of Section 15200. This amount will be determined by the department at the start of each fiscal year, beginning with fiscal year 1995–96, pursuant to regulations developed as specified in paragraph (4).

SEC. 233.

 Section 11406 of the Welfare and Institutions Code is repealed.

SEC. 234.

 Section 11469 of the Welfare and Institutions Code is amended to read:

11469.
 (a) The department shall develop, following  By July 1, 1993, the department, in  consultation with group home providers, the County Welfare Directors Association of California,  Directors’ Association,  the Chief Probation Officers of California, the County Behavioral Health Directors Association of California,  Officers’ Association, the California Conference of Local Mental Health Director and  the State Department of Health Care Services, and stakeholders,  Mental Health, shall develop  performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve.
(1)The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence.
(2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for achieving the desired outcomes in safety, permanency, and well-being for the  the  child.
(3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services.
(b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met.
(c) Effective  Except as provided in subdivision (d), effective  July 1, 1995, group home performance standards shall be implemented. Any group home program not meeting the performance standards shall have its AFDC-FC rate, set pursuant to Section 11462, adjusted according to the regulations required by this section. 
(d) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system.
(e) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes.
(f) (d)  On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes and short-term residential therapeutic programs to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. Effective July 1, 1995, group home programs shall be classified at rate classification level 13 or 14 only if all of the following are met: 
(1) The program generates the requisite number of points for rate classification level 13 or 14.
(2) The program only accepts children with special treatment needs as determined through the assessment process pursuant to subdivision (b) of Section 11467.
(g) (3)  Performance standards and outcome measures developed  The program meets the performance standards designed  pursuant to this section shall apply to short-term residential therapeutic programs. section. 
(h) (e)  The department shall develop and implement a technical assistance and support plan, in consultation with the stakeholders identified in subdivision (a), that utilizes the performance standards and outcome measures to identify and assist low performing providers. Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system specified in Section 11215. 
(i) The department shall coordinate with other state agencies, and may execute agreements as necessary, to obtain data necessary to fulfill the requirements of this section.

SEC. 235.

 Section 11476.6 of the Welfare and Institutions Code is amended to read:

11476.6.
 Each local child support agency shall submit to the department data revealing the range and median time periods by which notification of the receipt of child support payments collected on behalf of a family receiving aid under this chapter is made to the local welfare department. The data shall contain the number and percentage of cases in which the payments described herein are conveyed within the time period prescribed by federal law.

SEC. 236.

 Section 12312 of the Welfare and Institutions Code is repealed.

12312.
 A county, including a city and county, shall, upon the next update to its emergency plan, integrate and require the assessment and provision of supportive services to in-home supportive services (IHSS) recipients, including, but not limited to, the following requirements:
(a) Protocols and authorization for county social workers to make expedited assessments of the needs of current and potential IHSS recipients during times of a natural disaster.
(b) Protocols to ensure that authorized services will continue to be provided to recipients during times of displacement resulting from a natural disaster.
(c) Protocols to address any specific and unique needs of IHSS recipients that have not previously been addressed in the county’s or the city and county’s emergency plan pursuant to Section 8593.3 of the Government Code.

SEC. 237.

 Section 14005.6 of the Welfare and Institutions Code is amended to read:

14005.6.
 (a) The Legislature finds and declares as follows:
(1) Under federal law, minors living at home with their families may not be eligible for the SSI and Medicaid programs.
(2) Under the Federal Budget Reconciliation Act of 1981, however, states may apply for a Section 1915(c) waiver to allow a person to be eligible for SSI and Medicaid when medical and social services provided in the home can be shown to be less costly than services provided in an institution.
(3) Whenever possible, medical and social services should be provided in the least restrictive setting and at the lowest cost to the programs involved.
(4) The State Department of Health Services has already successfully applied for the Section 1915(c) waiver as applied to certain defined populations of developmentally disabled, elderly, and medically acute clients.
(b) The State Director of Health Services shall apply for additional waivers when appropriate to expand the number and types of persons who will be eligible for in-home services.

SEC. 238.

 Section 14026.5 of the Welfare and Institutions Code is amended to read:

14026.5.
 (a) The State Director of Health Services may issue Medi-Cal cards to Medi-Cal fraud investigators for the purpose of conducting investigations of Medi-Cal fraud, or a violation of the Medical Practice Act as set forth in Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code upon written request to the State Director of Health Services, or his or her designee, from the head of the requesting agency stating the purpose of the investigation. The request shall be based upon a specific complaint or information alleging Medi-Cal fraud. The request shall be based upon a specific complaint or information from an outside agency pursuant to its standard procedure for referring cases to another agency where there is suspicion of Medi-Cal fraud.
(b) (1) Upon a complaint by any individual alleging information creating a reasonable suspicion that any person is engaging in Medi-Cal fraud, the State Director of Health Services shall issue Medi-Cal cards for the purpose of conducting investigations of Medi-Cal fraud, or a violation of the Medical Practice Act as set forth in Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, upon an order of a magistrate issued upon a showing of reasonable suspicion that the person being investigated has committed or is committing Medi-Cal fraud or a violation of the Medical Practice Act as set forth in Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.
(2) For purposes of this section, “reasonable suspicion” means that a peace officer subjectively entertains such a suspicion and that it is objectively reasonable for him or her to do so. The facts shall be those that would cause any reasonable peace officer in a like position drawing when appropriate on his or her training and experience, to suspect the same criminal activity and the same involvement by the person in question. A showing of reasonable suspicion may be made either by written statement under penalty of perjury or by oral statement taken under oath, recorded and transcribed.
(c) Nothing in this section shall be construed to mean that it is the exclusive method for conducting investigations for Medi-Cal fraud or for violations of the Medical Practice Act as set forth in Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.
(d) The State Department of Health Services shall report to the Legislature every six months commencing June 1, 1981, on the utilization of Medi-Cal cards issued pursuant to this section. The report shall include, among other matters, a description of the types of criminal investigations conducted pursuant thereto.

SEC. 239.

 Section 14041.5 of the Welfare and Institutions Code is amended to read:

14041.5.
 (a) The department shall develop, disseminate, and update, on a periodic basis, claims preparation and processing software programs that may be used on computers at individual provider or billing service sites. The software shall be made available, to the extent feasible, for the most common computers used in the provider community for use, on an optional basis, by clerical or billing personnel to facilitate the preparation and submission of Medi-Cal claims for services rendered.
(b) The software programs specified in subdivision (a) shall, to the extent possible:
(1) Contain all necessary validity edits utilized by the fiscal intermediary.
(2) Be designed to reasonably reduce common submission and billing errors.
(3) Contain features that provide options for the provider to use provider-developed files to reduce data entry requirements and improve reporting accuracy.
(4) Provide, at the provider’s discretion, for the electronic or paper transmission of claims to the Medi-Cal fiscal intermediary.
(c) The department shall consult with affected provider groups prior to developing, disseminating, and updating claims preparation and processing software pursuant to this section.
(d) The department shall report to the Chairpersons of the Senate Health and Human Services Committee and Assembly Health Committee by April 1, 1990, on a plan and timetable for implementing this section. The plan and timetable shall identify provider groups for which the department plans to develop, disseminate, and update claims preparation and processing software.
(e) Notwithstanding the plan and timetable required by subdivision (d), the department shall develop and begin disseminating claims processing software programs to physician providers no later than January 1, 1991.
(f) The department shall, as part of implementing this section, provide technical assistance to providers, including, but not limited to, a user hotline and appropriate training materials. These materials shall cover the installation of the programs, use of the software to enter Medi-Cal claims data, and submission procedures.
(g) The software programs for the submission of Medi-Cal claims shall be made available to all interested parties for a reasonable initial fee, plus an annual subscription fee for updates, maintenance, and support provided to users. Fees shall be set so as to recover, as nearly as possible, the development, distribution, and ongoing support costs of software programs, instructional materials, or subsequent updates.
(h) Third-party vendors may obtain and enhance these programs for resale and provisions of value-added services to Medi-Cal providers. However, the state or any of its officials, employees, or agents shall bear no liability for software provided through any third party that has been altered or misused by any third party.
(i) Neither the state nor any of its officials, employees, or agents shall be responsible for any of the following:
(1) A provider’s failure to meet Medi-Cal documentation and billing requirements, including timely billing pursuant to Section 14115.
(2) Alteration or misuse of the software in the submission of claims to the Medi-Cal program.
(3) Use of the software for any purpose other than the submission of claims to the Medi-Cal program.
(4) This subdivision shall not apply to any failure to meet Medi-Cal documentation and billing requirements that is substantiated as resulting from the use of software that is directly provided by the department and that contains proven flaws or defects that significantly contribute to the failure to meet those requirements.
(j) A provider or third party’s eligibility to bill claims electronically by using software programs made available pursuant to this section shall be governed by Section 14040 and Section 14040.5, and any rules and regulations adopted by the director pursuant to these sections.

SEC. 240.

 Section 14087.2 of the Welfare and Institutions Code is amended to read:

14087.2.
 It is the intent of the Legislature that children’s hospitals need not contract under the provisions of this article until October 31, 1984. Services provided by these hospitals prior to November 1, 1984, shall be reimbursed according to the state plan in effect on January 1, 1984. Children’s hospitals are defined as those hospitals where 30 percent of the infants and children served by the single institution qualify for Medi-Cal payment systems and the institution serves primarily children.
If a children’s hospital elects to contract pursuant to this article in the 1982–83 or 1983–84 fiscal year, the negotiator shall give consideration to the special services provided in this hospital, including those services provided to children. The California Medical Assistance Commission shall continue to extend this consideration to these hospitals following the 1983–84 fiscal year.

SEC. 240.1.

 Section 14090 of the Welfare and Institutions Code is repealed.

SEC. 241.

 Section 14090.1 of the Welfare and Institutions Code is repealed.

SEC. 242.

 Section 14090.2 of the Welfare and Institutions Code is repealed.

SEC. 243.

 Section 14090.3 of the Welfare and Institutions Code is repealed.

SEC. 244.

 Section 14104.6 of the Welfare and Institutions Code is amended to read:

14104.6.
 No Medi-Cal fiscal intermediary contract shall be approved, renewed or continued if a state employee is employed in a management, consultant or technical position by the contractor or a subcontractor to the contractor within one year after the state employee terminated state employment.
For purposes of this section, “state employee” means any appointive or civil service employee of the Governor’s office, the Health and Welfare Agency, the State Department of Health Services, the Controller’s office, the Attorney General, or the Legislature who, within two years prior to leaving state employment, had responsibilities related to development, negotiation, contract management, supervision, technical assistance or audit of a Medi-Cal fiscal intermediary.
The requirements of this section shall not apply to any state employee who terminated state employment prior to the operative date of this section.

SEC. 245.

 Section 14105.15 of the Welfare and Institutions Code is amended to read:

14105.15.
 (a) (1) In determining rates of reimbursement for inpatient hospital services the department shall use the reimbursement policy existing on June 29, 1982. The director shall have authority to modify this reimbursement policy. The director shall implement a new reimbursement policy of peer grouping of hospitals through the promulgation of emergency regulations after required federal approvals are obtained. The department may adjust interim payment percentages to hospitals in order to approximate final settlement and may control or freeze charges in order to carry out this section.
(2) This section shall cease to apply to a hospital when the department enters into a contract, pursuant to Article 2.6 (commencing with Section 14081), either with that hospital or with other hospitals to the exclusion of that hospital for services covered under the contracts.
(b) Notwithstanding any other provision of law, the department may make interim rate adjustments and also implement collection procedures to recover overpayments to hospitals, at tentative and final settlement. These recoveries shall be based on audits or examinations made by or on behalf of the department pursuant to Sections 10722 and 14170, including the application of Sections 51536, 51537, and 51539 of Title 22 of the California Administrative Code at tentative and final settlement. Recovery may be made whether or not appeals by the hospitals are pending. Collection of overpayments shall be made in accordance with Section 14172.5.
(c) The amendment of this section made at the 1985 portion of the 1985–86 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. This declaration shall not apply to any lawsuits filed on or before July 9, 1985.
(d) No new payment system may be implemented without specific authorization from the Legislature.
(e) Notwithstanding any other provision of law, reimbursement for out-of-state acute inpatient hospital services provided to Medi-Cal beneficiaries shall not exceed the current statewide average of contract rates for acute inpatient hospital services negotiated by the California Medical Assistance Commission or the actual billed charges, whichever is less.

SEC. 246.

 Section 14195.8 of the Welfare and Institutions Code is repealed.

SEC. 247.

 Section 14492 of the Welfare and Institutions Code is repealed.

SEC. 248.

 Section 14499.5 of the Welfare and Institutions Code is amended to read:

14499.5.
 (a) (1) In carrying out the intent of this article, the director shall contract for the operation of one local pilot program. Special consideration shall be given to approving a program contracted through county government in Santa Barbara County.
(2) Notwithstanding the limitations contained in Section 14490, the director may enter into, or extend, contracts with the local pilot program in Santa Barbara County pursuant to paragraph (1) for periods that do not exceed three years.
(b) The establishment of a pilot program pursuant to this section shall be contingent upon the availability of state and federal funding. The program shall include the following components:
(1) Local authority for administration, fiscal management, and delivery of services, but not including eligibility determination.
(2) Physician case management.
(3) Cost containment through provider incentives and other means.
(c) The program for the pilot project shall include a plan and budget for delivery of services, administration, and evaluation. During the first year of the pilot program, the amount of the state contract shall equal 95 percent of total projected Medi-Cal expenditures for delivery of services and for administration based on fee-for-service conditions in the program county. During the remaining years of the pilot project Medi-Cal expenditures in the program county shall be no more than 100 percent of total projected expenditures for delivery of services and for administration based on any combination of the following paragraphs:
(1) Relevant prior fee-for-service Medi-Cal experience in the program county.
(2) The fee-for-service Medi-Cal experience in comparable counties or groups of counties.
(3) Medi-Cal experience of the pilot project in the program county if, as determined by the department, the scope, level, and duration of, and expenditures for, any services used in setting the rates under this paragraph would be comparable to fee-for-service conditions were they to exist in the program county and would be more actuarially reliable for use in ratesetting than data available for use in applying paragraph (1) or (2).
The projected total expenditure shall be determined annually according to an acceptable actuarial process. The data elements used by the department shall be shared with the proposed contractor.
(d) The director shall accept or reject the proposal within 30 days after the date of receipt. If a decision is made to reject the proposal, the director shall set forth the reasons for this decision in writing. Upon approval of the proposal, a contract shall be written within 60 days. After signature by the local contractor, the State Department of Health Care  Services and the Department of General Services shall execute the contract within 60 days.
(e) The director shall seek the necessary state and federal waivers to enable operation of the program. If the federal waivers for delivery of services under this plan are not granted, the department is under no obligation to contract for implementation of the program.
(f) For purposes of Section 1343 of the Health and Safety Code, the Santa Barbara Regional Health Authority shall be considered to be a county-operated pilot program contracting with the State Department of Health Care  Services pursuant to this article, and notwithstanding any other provision of law, during the period that this contract is in effect, the contractor shall be exempt from 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, relative to the services provided to Medi-Cal beneficiaries under the terms and provisions of the pilot program.
(g) Dental services may be included within the services provided in this pilot program.
(h) Any federal demonstration funding for this pilot program shall be made available to the county within 60 days upon notification of the award without the state retaining any portion not previously specified in the grant application as submitted.
(i) (1) (A) The department  California Medical Assistance Commission  may negotiate exclusive contracts and rates on behalf of the department  with the Santa Barbara Regional Health Authority in the implementation of this section.
(B) Contracts entered into under this article may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. These contracts shall have no force or effect unless approved by the Department of Finance. 
(C) The department shall enter into contracts pursuant to this article, and shall be bound by the terms and conditions related to the rates negotiated by the negotiator.
(2) The department shall implement this subdivision to the extent that the following apply:
(A) Its implementation does not revise the status of the pilot program as a federal demonstration project.
(B) Existing federal waivers apply to the pilot program as revised by this subdivision, or the federal government extends the applicability of the existing federal waivers or authorizes additional federal waivers for the implementation of the program.
(3) The implementation of this subdivision shall not affect the pilot program’s having met any of the requirements of Part 3.5 (commencing with Section 1175) of Division 1 of the Health and Safety Code and this division applicable to the pilot program with respect to the negotiations of contracts and rates by the department.

SEC. 249.

 Section 16501.6 of the Welfare and Institutions Code is repealed.

16501.6.
 (a) It is the intent of the Legislature for the State Department of Social Services to enhance the statewide child welfare information system to include information concerning the level of care required, educational accomplishments, and health history of children placed in foster care. If appropriate, this enhancement could be made after the system is operational statewide as required in Section 16501.5.
(b) The department shall conduct a study to examine the most efficient methods of collecting and maintaining all of the following data for each child in foster care:
(1) The names and addresses of the child’s health and educational providers.
(2) The child’s grade level performance.
(3) The child’s school record.
(4) Assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement.
(5) A record of the child’s immunizations.
(6) The child’s known medical problems.
(7) The child’s medications.
(8) Any other relevant level of care, health, and education information concerning the child as determined appropriate by the department.
(c) In conducting its study, the department shall, as required, examine county health passport systems for possible replication on a statewide basis and consult with other state departments, county associations, and provider groups.
(d) By February 15, 1992, the department shall submit a report to the appropriate policy and fiscal committees of the Legislature on the results of its study. The department shall include the following in its report:
(1) Recommendations for coordinating data collection among local child health and disability prevention programs, other health care providers, county welfare departments, schools, and other agencies providing services for foster children.
(2) Recommendations for the interfacing with any alternative system recommended pursuant to paragraph (1) with the mental health assessment required by Section 5407, and with other requirements of law.
(e) The report required by subdivision (d) shall address the feasibility, timeframe, and estimated costs of doing either of the following:
(1) Incorporating the data specified in subdivision (b) in the statewide child welfare information system.
(2) Implementing an alternative system that is more appropriate for the collection and maintenance of the data specified in subdivision (b).

SEC. 250.

 Section 16576 of the Welfare and Institutions Code is amended to read:

16576.
 (a) The department shall develop an implementation plan for the Statewide Child Support Registry. The Statewide Child Support Registry shall be operated by the agency responsible for operation of the Statewide Automated Child Support System (SACSS) or its replacement. The Statewide Child Support Registry shall include storage and data retrieval of the data elements specified in Section 16577 for all California child support orders. The plan shall be developed in consultation with clerks of the court, district attorneys, and child support advocates. The plan shall be submitted to the Legislature by January 31, 1998. The implementation plan shall explain in general terms, among other things, how the Statewide Child Support Registry will operate to ensure that all data in the Statewide Child Support Registry can be accessed and how data shall be integrated for statistical analysis and reporting purposes with all child support order data contained in the Statewide Automated Child Support System or its replacement and the Los Angeles Automated Child Support Enforcement System (ACSES) Replacement System.
(b) Each clerk of the court shall provide the information specified in Section 16577 within 20 days to the department or the Statewide Child Support Registry from each new or modified child support order, including child support arrearage orders.
(c) The department shall maintain a system for compiling the child support data received from the clerks of the court, ensure that all child support data received from the clerks of the court are entered into the Statewide Child Support Registry within 10 days of receipt in the Statewide Child Support Registry, and ensure that the Statewide Child Support Registry is fully implemented statewide.
(d) The department shall provide aggregate data on a periodic basis on the data maintained by the Statewide Child Support Registry to the Judicial Council, the appropriate agencies of the executive branch, and the Legislature for statistical analysis and review. The data shall not include individual identifying information for specific cases.
(e) Any information maintained by the Statewide Child Support Registry received from clerks of the court shall be provided to county district attorneys, the Franchise Tax Board, the courts, and others as provided by law.

SEC. 251.

 Section 18379 of the Welfare and Institutions Code is repealed.

SEC. 252.

 Section 18989.3 of the Welfare and Institutions Code is repealed.

SEC. 253.

 Section 19856 of the Welfare and Institutions Code is repealed.

SEC. 254.
 Any section of any act enacted by the Legislature during the 2004 calendar year that takes effect on or before January 1, 2005, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. The repeal, or repeal and addition, of any article, chapter, part, title, or division of any code by this act shall not become operative if any section of any other act that is enacted by the Legislature during the 2004 calendar year and takes effect on or before January 1, 2005, amends, amends and renumbers, adds, repeals and adds, or repeals any section contained in that article, chapter, part, title, or division.