Bill Text: CA AB1756 | 2023-2024 | Regular Session | Amended
Bill Title: Committee on Judiciary: judiciary omnibus.
Spectrum: Committee Bill
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 478, Statutes of 2023. [AB1756 Detail]
Download: California-2023-AB1756-Amended.html
Amended
IN
Senate
September 01, 2023 |
Amended
IN
Senate
July 10, 2023 |
Amended
IN
Senate
June 23, 2023 |
Amended
IN
Assembly
April 12, 2023 |
Amended
IN
Assembly
March 29, 2023 |
Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas) |
March 02, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6092.5 of the Business and Professions Code is amended to read:6092.5.
In addition to any other duties specified by law, the State Bar shall do all of the following:SEC. 2.
Section 17510.9 of the Business and Professions Code is amended to read:17510.9.
(a) A charity engaged in any solicitation or sales solicitation for charitable purposes, that collected more than 50 percent of its annual income and more than one million dollars ($1,000,000) in charitable contributions from donors in this state during the previous calendar year, and that spent more than 25 percent of its annual income on “nonprogram activities,” which is defined as the sum of the expenditures specified in subparagraphs (A), (B), (C), and (D) of paragraph (2) of subdivision (b), shall annually prepare and provide to the Attorney General’s Registry of Charities and Fundraisers three copies of a one-page document that provides the information required by subdivision (b). If the charity is subject to Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, the document shall be submitted together with the charity’s report required by Section 12586 of the Government Code, and shall provide information consistent with that provided to the registry pursuant to Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.SEC. 3.
Section 17510.95 of the Business and Professions Code is amended to read:17510.95.
The Attorney General shall annually publish a report that includes information provided to the Registry of Charities and Fundraisers pursuant to Section 17510.9 for all charities reporting under that section. The report shall be made available to public main libraries in the state at no cost and to any person upon request and the payment of a reasonable fee to cover the costs of publication and distribution.SEC. 4.
Section 26070.5 of the Business and Professions Code is amended to read:26070.5.
(a) The Bureau of Cannabis Control shall, by January 1, 2020, investigate the feasibility of creating one or more classifications of nonprofit licenses under this section. The feasibility determination shall be made in consultation with the relevant licensing agencies and representatives of local jurisdictions which issue temporary licenses pursuant to subdivision (b). The Bureau of Cannabis Control shall consider factors, including, but not limited to, the following:SEC. 5.
Section 1939.23 of the Civil Code is amended to read:1939.23.
(a) A rental company shall not use, access, or obtain any information relating to the renter’s use of the rental vehicle that was obtained using electronic surveillance technology, except in the following circumstances:SEC. 6.
Section 2924m of the Civil Code is amended to read:2924m.
(a) For purposes of this section:SEC. 7.
Section 2982 of the Civil Code is amended to read:2982.
A conditional sale contract subject to this chapter shall contain the disclosures required by Regulation Z, whether or not Regulation Z applies to the transaction. In addition, to the extent applicable, the contract shall contain the other disclosures and notices required by, and shall satisfy the requirements and limitations of, this section. The disclosures required by subdivision (a) may be itemized or subtotaled to a greater extent than as required by that subdivision and shall be made together and in the sequence set forth in that subdivision. All other disclosures and notices may appear in the contract in any location or sequence and may be combined or interspersed with other provisions of the contract.Buyer’s Signature” |
THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION California law does not provide for a “cooling-off” or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign below, you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California law does require a seller to offer a two-day contract cancellation option on used vehicles with a purchase price of less than forty thousand dollars ($40,000), subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle, or an off-highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agreement for details. |
SEC. 8.
Section 2982.12 of the Civil Code is amended to read:2982.12.
(a) (1) A guaranteed asset protection waiver may be offered, sold, or provided to a buyer, or administered, in connection with a conditional sale contract subject to this chapter only in compliance with this chapter and paragraph (2) of subdivision (h) of Section 1758.992 of the Insurance Code.SEC. 9.
Section 430.41 of the Code of Civil Procedure is amended to read:430.41.
(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.SEC. 10.
Section 435.5 of the Code of Civil Procedure is amended to read:435.5.
(a) Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading.SEC. 11.
Section 439 of the Code of Civil Procedure is amended to read:439.
(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading.SEC. 12.
Section 664.6 of the Code of Civil Procedure is amended to read:664.6.
(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.SEC. 13.
Section 664.6 is added to the Code of Civil Procedure, to read:664.6.
(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.SEC. 14.
Section 703.150 of the Code of Civil Procedure is amended to read:703.150.
(a) On April 1, 2004, and at each three-year interval ending on April 1 thereafter, the dollar amounts of exemptions provided in subdivision (b) of Section 703.140 in effect immediately before that date shall be adjusted as provided in subdivision (d).SEC. 15.
Section 704.730 of the Code of Civil Procedure is amended to read:704.730.
(a) The amount of the homestead exemption is the greater of the following:SEC. 16.
Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.
(a) For purposes of this section:Tenant Statement and Qualified Third Party Statement under Code of Civil Procedure Section 1161.3 | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime
that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated
or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of “victim of violent crime advocate” provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am
licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about
the date(s) stated above. | |
(signature of qualified third party)(date) | |
SEC. 17.
Section 1281.98 of the Code of Civil Procedure is amended to read:1281.98.
(a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.SEC. 18.
Section 5008.9 of the Corporations Code is amended to read:5008.9.
(a) A nonprofit corporation described in Section 5059, 5060, or 5061, or a foreign nonprofit corporation, as defined in Section 5053, that has qualified to transact intrastate business, shall be subject to administrative dissolution or administrative surrender in accordance with this section if, as of January 1, 2016, or later, the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a period of not less than 48 continuous months.SEC. 19.
Section 6610.5 of the Corporations Code is amended to read:6610.5.
(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating all of the following:SEC. 20.
Section 8610.5 of the Corporations Code is amended to read:8610.5.
(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following:SEC. 21.
Section 562 of the Family Code is repealed.SEC. 22.
Section 9303 of the Family Code is amended to read:9303.
(a) Except as permitted by the court, upon a finding of good cause, a person shall not adopt more than one unrelated adult pursuant to this part within one year of the person’s adoption of an unrelated adult unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped. An order finding good cause shall be in writing or stated on the record.SEC. 23.
Section 811.9 of the Government Code is amended to read:811.9.
(a) Notwithstanding any other provision of law, judges, subordinate judicial officers, and court executive officers of the superior courts are state officers for purposes of Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive, and trial court employees are employees of the trial court for purposes of Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive. The Judicial Council shall provide for representation, defense, and indemnification of those individuals and the court pursuant to Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive. The Judicial Council shall provide for that representation or defense through the county counsel, the Attorney General, or other counsel. The county counsel and the Attorney General may, but are not required to, provide representation or defense for a trial court, judge, subordinate judicial officer, court executive officer, or trial court employee if the Judicial Council requests that assistance to fulfill its duties under this section. The fact that a justice, judge, subordinate judicial officer, court executive officer, court employee, the court, the Judicial Council, or the staff of the Judicial Council is or was represented or defended by the county counsel, the Attorney General, or other counsel shall not be the sole basis for a judicial determination of disqualification of a justice, judge, subordinate judicial officer, the county counsel, the Attorney General, or other counsel in unrelated actions.SEC. 24.
Section 905.2 of the Government Code is amended to read:905.2.
(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b).SEC. 25.
Section 990.2 of the Government Code is amended to read:990.2.
The Judicial Council may insure any officer or attaché of its superior courts against all or any part of the officer or attaché’s liability for injury resulting from any act or omission in the scope of the officer or attaché’s employment, and also may insure against the expense of defending any claim against the officer or attaché, whether or not liability exists on that claim.SEC. 26.
Section 7920.500 of the Government Code is amended to read:7920.500.
For purposes of Article 3 (commencing with Section 7928.200) of Chapter 14 of Part 5, “elected or appointed official” includes, but is not limited to, all of the following:SEC. 27.
Section 12587 of the Government Code is amended to read:12587.
The Attorney General may make additional rules and regulations necessary for the administration of this article, provided that any assessment of an annual registration or renewal fee from charitable trustees and corporations, commercial fundraisers, fundraising counsel, commercial coventurers, charitable fundraising platforms, and platform charities subject to this article, authorized by statute or regulation, shall be used by the Department of Justice solely to operate and maintain the Attorney General’s Registry of Charities and Fundraisers and provide public access via internet website to reports filed with the Attorney General.SEC. 28.
Section 12587.1 of the Government Code is amended to read:12587.1.
(a) The Registry of Charities and Fundraisers Fund is hereby established in the State Treasury, to be administered by the Department of Justice.SEC. 29.
Section 12591.1 of the Government Code is amended to read:12591.1.
(a) Any person who violates any provision of this article with intent to deceive or defraud any charity or individual is liable for a civil penalty not exceeding ten thousand dollars ($10,000).SEC. 30.
Section 12599 of the Government Code is amended to read:12599.
(a) “Commercial fundraiser for charitable purposes” means any individual, corporation, unincorporated association, or other legal entity who for compensation does any of the following:SEC. 31.
Section 12599.1 of the Government Code is amended to read:12599.1.
(a) “Fundraising counsel for charitable purposes” is defined as any individual, corporation, unincorporated association, or other legal entity who is described by all of the following:SEC. 32.
Section 12599.2 of the Government Code is amended to read:12599.2.
(a) “Commercial coventurer” is defined as any person or entity who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with the raising of funds, assets, or property for charitable organizations or charitable purposes, and who represents to the public that the purchase or use of any goods, services, entertainment, or any other thing of value will benefit a charitable organization or will be used for a charitable purpose. A person or entity that meets the definition of both a commercial coventurer and a charitable fundraising platform under subparagraph (A), (B), (C), or (E) of paragraph (1) of subdivision (a) of Section 12599.9 shall be only a charitable fundraising platform. A person or entity that meets the definition of both a commercial coventurer and a charitable fundraising platform solely under subparagraph (D) of paragraph (1) of subdivision (a) of Section 12599.9 shall be only a commercial coventurer when the acts of solicitation through an internet website, service, or other platform to persons in this state are for six or fewer recipient charitable organizations per calendar year, and the commercial coventurer complies with subdivision (b). Otherwise, this person or entity shall only be a charitable fundraising platform.SEC. 33.
Section 12599.3 of the Government Code is amended to read:12599.3.
(a) A contract between a charitable organization and a commercial fundraiser for charitable purposes or fundraising counsel for charitable purposes shall be voidable by the charitable organization unless the commercial fundraiser or the fundraising counsel is registered with the Attorney General’s Registry of Charities and Fundraisers prior to the commencement of the solicitation.SEC. 34.
Section 12599.6 of the Government Code is amended to read:12599.6.
(a) Charitable organizations and commercial fundraisers for charitable purposes shall not misrepresent the purpose of the charitable organization or the nature or purpose or beneficiary of a solicitation. A misrepresentation may be accomplished by words or conduct or failure to disclose a material fact.SEC. 35.
Section 12599.8 of the Government Code is amended to read:12599.8.
For any year that the balance sheet of a charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets, the organization shall provide an explanation of its compliance with its charitable trust responsibilities and proof of directors’ and officers’ liability insurance coverage to the Attorney General’s Registry of Charities and Fundraisers.SEC. 36.
Section 12599.9 of the Government Code is amended to read:12599.9.
(a) For purposes of this section:SEC. 37.
Section 12945.21 of the Government Code is amended to read:12945.21.
(a) The department shall create a small employer family leave mediation pilot program for employers with between 5 and 19 employees. Under the pilot program, when an employee requests an immediate right to sue alleging a violation of Section 12945.2 or Section 12945.7 by an employer having between 5 and 19 employees, the department shall notify the employee in writing of the requirement for mediation prior to filing a civil action if mediation is requested by the employer or employee. The employee shall contact the department’s dispute resolution division prior to filing a civil action.(2)
(3)
SEC. 37 38.
Section 26524 of the Government Code is repealed.SEC. 38. 39.
Section 26529 of the Government Code is amended to read:26529.
(a) In counties that have a county counsel, the county counsel shall discharge all the duties vested in the district attorney by Sections 26520, 26522, 26523, and 26526. The county counsel shall defend or prosecute all civil actions and proceedings in which the county or any of its officers is concerned or is a party in the officer’s official capacity. Except where the county provides other counsel, the county counsel shall defend as provided in Part 7 (commencing with Section 995) of Division 3.6 of Title 1 any action or proceeding brought against an officer, employee, or servant of the county.SEC. 39. 40.
Section 27647 of the Government Code is amended to read:27647.
(a) If requested to do so by the Judicial Council, and insofar as these duties are not in conflict with, and do not interfere with, other duties, the county counsel may represent the superior court or a judge thereof in all matters and questions of law pertaining to any of the judge’s duties, including any representation authorized by Section 68111 and representation in all civil actions and proceedings in any court in which with respect to the court’s or judge’s official capacity, the court or judge is concerned or is a party.SEC. 40. 41.
Section 27648 of the Government Code is repealed.SEC. 41. 42.
Section 53214.5 of the Government Code is amended to read:53214.5.
A county or city and county that pays the salaries, either in whole or in part, of judges of the superior courts and the officers and attachés of those courts may allow the judges, officers, and attachés to participate in any deferred compensation plan established pursuant to this article. Any county or city and county is hereby authorized to enter into a written agreement with the judges, officers, and attachés providing for deferral of a portion of their wages. The judges, officers, and attachés may authorize deductions to be made from their wages for the purpose of participating in the deferred compensation plan.SEC. 42. 43.
Section 65965 of the Government Code is amended to read:65965.
For the purposes of this chapter, the following definitions apply:SEC. 43. 44.
Section 68111 of the Government Code is amended to read:68111.
(a) Whenever any judge of any court of this state is a witness in an official capacity as judge in any action or proceeding, the judge shall be entitled to be represented at the action or proceeding by counsel of the judge’s choice, at the judge’s own expense.SEC. 44. 45.
Section 69894.3 of the Government Code is amended to read:69894.3.
Employees of the superior court in each county of the first class shall be entitled to step advancement, vacation, sick leave, holiday benefits and other leaves of absence and other benefits as may be directed by rules of the court. Where statutes require implementation by local ordinances for the extension of benefits to local officers and employees, these may be made applicable by rule to court personnel, including, but not limited to, jurors and judges.SEC. 45. 46.
Section 69894.4 of the Government Code is repealed.SEC. 46. 47.
Section 69894.4 is added to the Government Code, to read:69894.4.
In each county of the first class, whenever, because of the nature of the duties of any judge or officer of the court, the court determines that the best interest of the court would be served, it may assign an automobile in lieu of allowing traveling expenses.SEC. 47. 48.
Section 73643 is added to the Government Code, immediately following Section 73642, to read:73643.
(a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed.SEC. 48. 49.
Section 73953 is added to the Government Code, immediately following Section 73952, to read:73953.
(a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed.SEC. 49. 50.
Section 74146 is added to the Government Code, immediately following Section 74145, to read:74146.
(a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed.SEC. 50. 51.
Section 74343 is added to the Government Code, immediately following Section 74342, to read:74343.
(a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed.SEC. 51. 52.
Section 74743 is added to the Government Code, immediately following Section 74742, to read:74743.
(a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed.SEC. 52. 53.
Section 77210 of the Government Code is amended to read:77210.
(a) The state shall provide municipal court judges retired under the Judges’ Retirement System with retiree health, dental, and vision care plans equal to and in the same manner as the health, dental, and vision benefits provided to retired superior court judges.SEC. 53. 54.
Section 11488.4 of the Health and Safety Code is amended to read:11488.4.
(a) (1) Except as provided in subdivision (j), if the Department of Justice or the local governmental entity determines that the factual circumstances do warrant that the moneys, negotiable instruments, securities, or other things of value seized or subject to forfeiture come within the provisions of subdivisions (a) to (g), inclusive, of Section 11470, and are not automatically made forfeitable or subject to court order of forfeiture or destruction by another provision of this chapter, the Attorney General or district attorney shall file a petition of forfeiture with the superior court of the county in which the defendant has been charged with the underlying criminal offense or in which the property subject to forfeiture has been seized or, if no seizure has occurred, in the county in which the property subject to forfeiture is located. A petition under this section is an unlimited civil case, regardless of the value of the seized property. If the petition alleges that real property is forfeitable, the prosecuting attorney shall cause a lis pendens to be recorded in the office of the county recorder of each county in which the real property is located.SEC. 54. 55.
Section 11488.5 of the Health and Safety Code is amended to read:11488.5.
(a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for filing, at any time within 30 days from the date of the last publication of the notice of seizure, if that person was not personally served or served by mail, or within 30 days after receipt of actual notice, file with the superior court of the county in which the defendant has been charged with the underlying or related criminal offense or in which the property was seized or, if there was no seizure, in which the property is located, a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating the claimant’s interest in the property. An endorsed copy of the claim shall be served by the claimant on the Attorney General or district attorney, as appropriate, within 30 days of the filing of the claim. The Judicial Council shall develop and approve official forms for the verified claim that is to be filed pursuant to this section. The official forms shall be drafted in nontechnical language, in English and in Spanish, and shall be made available through the office of the clerk of the appropriate court. A claim under this section is an unlimited civil case, regardless of the value of the seized property.SEC. 55. 56.
Section 25299.52 of the Health and Safety Code is amended to read:25299.52.
(a) The board shall adopt a priority ranking list at least annually for awarding claims pursuant to Section 25299.57 or 25299.58. Any owner or operator eligible for payment of a claim pursuant to Section 25299.54 shall file an application with the board within a reasonable period, to be determined by the board, prior to adoption of the priority ranking list.SEC. 56. 57.
Section 1458 of the Probate Code is amended to read:1458.
(a) On or before January 1, 2027, the Judicial Council shall report to the Legislature the findings of a study measuring court effectiveness in conservatorship cases, including the effectiveness of protecting the legal rights and best interests of a conservatee. The report shall include all of the following, with respect to the courts chosen for evaluation pursuant to subdivision (b):SEC. 58.
Section 2469 of the Probate Code is amended to read:2469.
(a) Commencing January 1, 2024, when a professional fiduciary becomes incapacitated and a vacancy exists, the incapacitated fiduciary’s conservator, agent under a power of attorney for asset management, trustee, or interested person may petition for the appointment of one or more individuals qualified to act as a professional fiduciary under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code) as a professional fiduciary practice administrator to take control of the incapacitated professional fiduciary’s files and to be appointed as temporary successor as to those matters for which a vacancy exists as a result of the professional fiduciary’s incapacity.SEC. 59.
Section 9765 of the Probate Code is amended to read:9765.
(a) Commencing January 1, 2024, when a professional fiduciary is deceased and a vacancy exists, the deceased fiduciary’sSEC. 57. 60.
Section 16106 of the Probate Code is amended and renumbered to read:16110.
(a) On and after January 1, 2025, or upon the regulations provided for in subdivision (b) taking effect, whichever occurs first, a trustee holding assets subject to a charitable trust shall give written notice to the Attorney General at least 20 days before the trustee sells, leases, conveys, exchanges, transfers, or otherwise disposes of all or substantially all of the charitable assets.SEC. 58.SEC. 61.
The heading of Article 6 (commencing with Section 16110) is added to Chapter 1 of Part 4 of Division 9 of the Probate Code, to read:Article 6. Notice to the Attorney General of Disposal of Charitable Assets
SEC. 62.
Section 10850.4 of the Welfare and Institutions Code is amended to read:10850.4.
(a) Within five business days of learning that a child fatality has occurred in the county and that there is a reasonable suspicion that the fatality was caused by abuse or neglect, the custodian of records for the county child welfare agency, upon request, shall release the following information:(q)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until regulations are filed with the Secretary of State, the State Department of Social Services may implement this section through all-county letters or similar instructions following consultation with stakeholders. This consultation shall commence no later than October 1, 2016, and shall
include, but not be limited to, child welfare advocates, labor organizations, representatives of counties, and legislative staff. Rulemaking to implement this section pursuant to the Administrative Procedure Act shall commence no later than January 1, 2018.