20250AB__117097CHP INTRODUCED 2025-02-21 PASSED_ASSEMBLY 2025-04-01 PASSED_SENATE 2025-07-10 ENROLLED 2025-07-11 CHAPTERED 2025-07-28 APPROVED 2025-07-28 FILED 2025-07-28 2025 AB CHP CHP 0 Introduced by Assembly Member Dixon LEAD_AUTHOR ASSEMBLY Dixon

An act to amend Sections 205, 208, 1944, 2529.8.1, 4848.1, 4996.22, 5070.1, 5272, 5272.5, 7048, 7363, 8020.5, 17580, 19520, 23399.5, 26051.5, 26152.2, and of the Business and Professions Code, to amend Sections 714.3, 798.56, 835, 1770, 1785.11.11, 1798.130, 1798.140, 1798.185, 1950.6, 1954.09, 2214, 2924f, 3111, 3480, and of, and to amend the heading of

Chapter 6 (commencing with

Section 2213) of Title of Part of Division of, the Civil Code, to amend Sections 8, 5510, 7510, and of the Corporations Code, to amend Sections 8222, 8242, 10864, 17586, 33328.5, 33355, 42238.026, 44260.1, 44320.5, 44395, 45202, 46392, 47604.2, 48306, 51225.7, 51255, 66023.4, 66023.5, 66076.2, 66270.7, 66280.5, 66308, 66749.81, 69996.9, and of, and to amend and renumber

Section 51225.32 of, the Education Code, to amend Sections 2201, 2208, 3019, and of the Elections Code, to amend Sections 1352, 1352.5, 1672, and 2089.22 of the Fish and Game Code, to amend Sections 12811.2, 12839, 14513, 14611, 56571, 58231.1, and of the Food and Agricultural Code, to amend Sections 8547.2, 8547.5, 8657, 11126, 12530.5, 14072.6, 14839, 14840, 19829.9852, 19829.9854, 51298, 53398.52, 54239.4, 62506, 62509, 62520, 62551, 62551.1, 62582, 65302, 65585, 65588, 65852.8, 65913.4, 65915, 65915.3, 66314, 66499.41, and 89517.5 of, and to repeal the heading of Title 8.5 of, the Government Code, to amend Sections 1317.2a, 1343.3, 1374.72, 2056, 9077, 18214, 50197.3, 50513, 50515.03, 50710.7, 111926, 114368.8, 114381, 120440, 128454, and 130065.1 of, and to repeal the headings of Divisions and of, the Health and Safety Code, to amend

Section 10509.9205 of the Insurance Code, to amend Sections 226.8, 2699, and 2699.3 of the Labor Code, to amend Sections 257, 395.1, 502, 502.1, 502.2, 502.4, 504, 505, 510, 513, 520, 552, 555, 557, 987.005, 987.300, and of the Military and Veterans Code, to amend Sections 236.8, 236.10, 236.11, 803, 888, 1233.12, and of the Penal Code, to amend Sections 2051, 10115.1, and of the Public Contract Code, to amend Sections 3206, 6217.8, 42281, 42282.1, 42283, 42968.32, 42968.62, 42968.71, 42968.74, 42984.3, 42984.10, 42984.21, 42999, and 48704.1 of the Public Resources Code, to amend

Section of the Public Utilities Code, to amend Sections 17052.1 and of the Revenue and Taxation Code, to amend Sections 94.4 and of the Streets and Highways Code, to amend

Section of the Unemployment Insurance Code, to amend Sections 9250.14 and 21214.7 of the Vehicle Code, to amend

Section of the Water Code, to amend Sections 361.31, 706.6, 4095, 5404, 5610, 10492.2, 14149.95, and 16501.35 of, to amend and renumber the heading of

Chapter 6.5 (commencing with

Section 9320) of Division 8.5 of, and to repeal the heading of Division of, the Welfare and Institutions Code, and to amend

Section of

Chapter of the Statutes of 2024, relating to maintenance of the codes. maintenance of the codes Maintenance of the codes. Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes. This bill would make nonsubstantive changes in various provisions of the law to effectuate the recommendations made by the Legislative Counsel to the Legislature. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Business and Professions Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 205. (

a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery and Funeral Fund.

(6) Contractors License Fund.

(7) State Dentistry Fund.

(8) Home Furnishings and Thermal Insulation Fund.

(9) California Architects Board-Landscape Architects Fund.

(10) Contingent Fund of the Medical Board of California.

(11) Optometry Fund.

(12) Pharmacy Board Contingent Fund.

(13) Physical Therapy Fund.

(14) Private Security Services Fund.

(15) Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.

(16) Consumer Affairs Fund.

(17) Behavioral Sciences Fund.

(18) Licensed Midwifery Fund.

(19) Court Reporters’ Fund.

(20) California Veterinary Medical Board Contingent Fund.

(21) Vocational Nursing and Psychiatric Technicians Fund.

(22) Electronic and Appliance Repair Fund.

(23) Acupuncture Fund.

(24) Physician Assistant Fund.

(25) Board of Podiatric Medicine Fund.

(26) Psychology Fund.

(27) Respiratory Care Fund.

(28) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.

(29) Board of Registered Nursing Fund.

(30) State Dental Hygiene Fund.

(31) Structural Pest Control Fund.

(32) Structural Pest Control Education and Enforcement Fund.

(33) Structural Pest Control Research Fund.

(34) Household Movers Fund.

(35) Household Goods and Services Fund.

(36) Naturopathic Doctor’s Fund. (

b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. (

c) This

section shall remain in effect only until July 1, 2026, and as of that date is repealed.

SEC. 2.

Section of the Business and Professions Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 205. (

a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery and Funeral Fund.

(6) Contractors License Fund.

(7) State Dentistry Fund.

(8) California Architects Board-Landscape Architects Fund.

(9) Contingent Fund of the Medical Board of California.

(10) Optometry Fund.

(11) Pharmacy Board Contingent Fund.

(12) Physical Therapy Fund.

(13) Private Security Services Fund.

(14) Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.

(15) Consumer Affairs Fund.

(16) Behavioral Sciences Fund.

(17) Licensed Midwifery Fund.

(18) Court Reporters’ Fund.

(19) California Veterinary Medical Board Contingent Fund.

(20) Vocational Nursing and Psychiatric Technicians Fund.

(21) Acupuncture Fund.

(22) Physician Assistant Fund.

(23) Board of Podiatric Medicine Fund.

(24) Psychology Fund.

(25) Respiratory Care Fund.

(26) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.

(27) Board of Registered Nursing Fund.

(28) State Dental Hygiene Fund.

(29) Structural Pest Control Fund.

(30) Structural Pest Control Education and Enforcement Fund.

(31) Structural Pest Control Research Fund.

(32) Household Goods and Services Fund.

(33) Naturopathic Doctor’s Fund. (

b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. (

c) This

section shall become operative on July 1, 2026.

SEC. 3.

Section of the Business and Professions Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 208. (

a) Beginning April 1, 2023, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of nine dollars ($9) shall be assessed annually on each of the licensees specified in subdivision (

b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than nine dollars ($9) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this

section to the reasonable regulatory cost. (b)

(1) Licensees authorized pursuant to

Section of the Health and Safety Code to prescribe, order, administer, furnish, or dispense

Schedule II,

Schedule III, or

Schedule IV controlled substances or pharmacists licensed pursuant to

Chapter 9 (commencing with

Section 4000) of Division 2.

(2) Licensees issued a license that has been placed in a retired or inactive status pursuant to a statute or regulation are exempt from the CURES fee requirement in subdivision (a). This exemption shall not apply to licensees whose license has been placed in a retired or inactive status if the licensee is at any time authorized to prescribe, order, administer, furnish, or dispense

Schedule II,

Schedule III, or

Schedule IV controlled substances.

(3) Wholesalers, third-party logistics providers, nonresident wholesalers, and nonresident third-party logistics providers of dangerous drugs licensed pursuant to

Article 11 (commencing with

Section 4160) of

Chapter of Division 2.

(4) Nongovernmental clinics licensed pursuant to

Article 13 (commencing with

Section 4180) and

Article 14 (commencing with

Section 4190) of

Chapter of Division 2.

(5) Nongovernmental pharmacies licensed pursuant to

Article 7 (commencing with

Section 4110) of

Chapter of Division 2. (

c) The funds collected pursuant to subdivision (

a) shall be deposited in the CURES Fund, which is hereby created within the State Treasury. Moneys in the CURES Fund, upon appropriation by the Legislature, shall be available to the Department of Consumer Affairs to reimburse the Department of Justice for costs to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b). (

d) The Department of Consumer Affairs shall contract with the Department of Justice on behalf of the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the California Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Board, the Osteopathic Medical Board of California, the California Board of Naturopathic Medicine, the State Board of Optometry, and the Podiatric Medical Board of California to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b). (

e) This

section shall become operative on April 1, 2023. (

f) This

section shall become inoperative on April 1, 2025, and, as of January 1, 2026, is repealed.

SEC. 4.

Section of the Business and Professions Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 208. (

a) Beginning April 1, 2025, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of fifteen dollars ($15) shall be assessed annually on each of the licensees specified in subdivision (

b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than fifteen dollars ($15) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this

section to the reasonable regulatory cost. (b)

(1) Licensees authorized pursuant to

Section of the Health and Safety Code to prescribe, order, administer, furnish, or dispense

Schedule II,

Schedule III, or

Schedule IV controlled substances or pharmacists licensed pursuant to

Chapter 9 (commencing with

Section 4000) of Division 2.

(2) Licensees issued a license that has been placed in a retired or inactive status pursuant to a statute or regulation are exempt from the CURES fee requirement in subdivision (a). This exemption shall not apply to licensees whose license has been placed in a retired or inactive status if the licensee is at any time authorized to prescribe, order, administer, furnish, or dispense

Schedule II,

Schedule III, or

Schedule IV controlled substances.

(3) Wholesalers, third-party logistics providers, nonresident wholesalers, and nonresident third-party logistics providers of dangerous drugs licensed pursuant to

Article 11 (commencing with

Section 4160) of

Chapter of Division 2.

(4) Nongovernmental clinics licensed pursuant to

Article 13 (commencing with

Section 4180) and

Article 14 (commencing with

Section 4190) of

Chapter of Division 2.

(5) Nongovernmental pharmacies licensed pursuant to

Article 7 (commencing with

Section 4110) of

Chapter of Division 2. (

c) The funds collected pursuant to subdivision (

a) shall be deposited in the CURES Fund, which is hereby created within the State Treasury. Moneys in the CURES Fund, upon appropriation by the Legislature, shall be available to the Department of Consumer Affairs to reimburse the Department of Justice for costs to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b). (

d) The Department of Consumer Affairs shall contract with the Department of Justice on behalf of the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the California Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Board, the Osteopathic Medical Board of California, the California Board of Naturopathic Medicine, the State Board of Optometry, and the Podiatric Medical Board of California to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b). (

e) This

section shall become operative on April 1, 2025.

SEC. 5.

Section of the Business and Professions Code is amended to read: 1944. (

a) The dental hygiene board shall establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice, and a registered dental hygienist in extended functions. The fees established by dental hygiene board resolution in effect on June 30, 2009, as they relate to the licensure of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions, shall remain in effect until modified by the dental hygiene board. The fees are subject to the following limitations:

(1) The application fee for an original license and the fee for issuance of an original license shall not exceed two hundred fifty dollars ($250).

(2) The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.

(3) The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.

(4) The fee for examination for licensure as a registered dental hygienist in alternative practice shall not exceed the actual cost of administering the examination.

(5) The biennial renewal fee shall not exceed five hundred dollars ($500).

(6) The delinquency fee shall not exceed one-half of the renewal fee. Any delinquent license may be restored only upon payment of all fees, including the delinquency fee, and compliance with all other applicable requirements of this article.

(7) The fee for issuance of a duplicate license to replace one that is lost or destroyed, or in the event of a name change, shall not exceed twenty-five dollars ($25) or one-half of the renewal fee, whichever is greater.

(8) The fee for certification of licensure shall not exceed one-half of the renewal fee.

(9) The fee for each curriculum review and feasibility study review for educational programs for dental hygienists who are not accredited by a dental hygiene board-approved agency shall not exceed two thousand one hundred dollars ($2,100).

(10) The fee for each review or approval of course requirements for licensure or procedures that require additional training shall not exceed seven hundred fifty dollars ($750).

(11) The initial application and biennial fee for a provider of continuing education shall not exceed five hundred dollars ($500).

(12) The amount of fees payable in connection with permits issued under

Section is as follows: (

A) The initial permit fee is an amount equal to the renewal fee for the applicant’s license to practice dental hygiene in effect on the last regular renewal date before the date on which the permit is issued. (

B) If the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued.

(13) The fee for the dental hygiene board to conduct a site visit to educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions to ensure compliance of educational program requirements shall not exceed the actual cost incurred by the dental hygiene board for cost recovery of site visit expenditures.

(14) The fee for a retired license shall not exceed one-half of the current license renewal fee. (

b) The renewal and delinquency fees shall be fixed by the dental hygiene board by resolution at not more than the current amount of the renewal fee for a license to practice under this

article nor less than five dollars ($5). (

c) Fees fixed by the dental hygiene board by resolution pursuant to this

section shall not be subject to the approval of the Office of Administrative Law. (

d) Fees collected pursuant to this

section shall be collected by the dental hygiene board and deposited into the State Dental Hygiene Fund, which is hereby created. All money in this fund, upon appropriation by the Legislature in the annual Budget Act, shall be used to implement this article. (

e) No fees or charges other than those listed in this

section shall be levied by the dental hygiene board in connection with the licensure of registered dental hygienists, registered dental hygienists in alternative practice, or registered dental hygienists in extended functions. (

f) The fee for registration of an extramural dental facility shall not exceed two hundred fifty dollars ($250). (

g) The fee for registration of a mobile dental hygiene unit shall not exceed one hundred fifty dollars ($150). (

h) The biennial renewal fee for a mobile dental hygiene unit shall not exceed two hundred fifty dollars ($250). (

i) The fee for an additional office permit shall not exceed two hundred fifty dollars ($250). (

j) The biennial renewal fee for an additional office as described in

Section 1926.4 shall not exceed two hundred fifty dollars ($250). (

k) The initial application and biennial special permit fee is an amount equal to the biennial renewal fee specified in paragraph (5) of subdivision (a). (

l) The fees in this

section shall not exceed an amount sufficient to cover the reasonable regulatory cost of carrying out this article.

SEC.

Section 2529.8.1 of the Business and Professions Code is amended to read: 2529.8.1. (

a) A person shall not hold themselves out to be an athletic trainer, use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “AT,” “ATC,” “LAT,” or “CAT” to imply or suggest that the person is an athletic trainer, unless they meet the following requirements:

(1) Have done either of the following: (

A) Graduated from a college or university after completing an athletic training education program accredited by the Commission on Accreditation of Athletic Training Education, or its predecessors or successors. (

B) Completed eligibility requirements for certification by the Board of Certification for the Athletic Trainer, or its predecessors or successors.

(2) Is certified by the Board of Certification for the Athletic Trainer, or its predecessors or successors. (

b) It is an unfair business practice within the meaning of

Chapter 5 (commencing with

Section 17200) of Part of Division for a person to use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “AT,” “ATC,” “LAT,” or “CAT,” that implies or suggests that the person is an athletic trainer, if they do not meet the requirements of subdivision (a). (

c) A person shall not hold themselves out to be an athletic trainer or use any of the titles listed under subdivisions (

a) and (

b) if either of the following is true:

(1) The person has been convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (

c) of

Section of the Penal Code.

(2) The person has an athletic trainer license or registration in another state that was disciplined or is otherwise restricted, or if an accusation or similar document initiating disciplinary action is pending against the license or registration. (

d) A person who is currently using one of the titles listed under subdivisions (

a) and (

b) and is covered under a collective bargaining agreement is not subject to the requirements of this

section until the parties to that bargaining agreement renew that agreement. At that time, a person shall not use the titles listed in subdivisions (

a) and (

b) if the individual does not meet the requirements of this section. Those individuals may choose a different title to describe their positions under the new collective bargaining agreement. (

e) An employee whose title is changed in order to comply with this

section shall not suffer any loss of employment status as a result of the title change, including, but not limited to, layoff, demotion, termination, reclassification, or loss of pay, seniority, benefits, or any other status or compensation related to the position. (

f) This

section does not apply to professional trainers licensed by the State Athletic Commission.

SEC.

Section 4848.1 of the Business and Professions Code is amended to read: 4848.1. (

a) A veterinarian engaged in the practice of veterinary medicine, as defined in

Section 4826, employed by the University of California and engaged in the performance of duties in connection with the School of Veterinary Medicine or employed by the Western University of Health Sciences and engaged in the performance of duties in connection with the College of Veterinary Medicine shall be issued a university license pursuant to this

section or hold a license to practice veterinary medicine in this state. (

b) An individual may apply for and be issued a university license if all of the following are satisfied:

(1) The applicant is currently employed by the University of California or Western University of Health Sciences, as defined in subdivision (a).

(2) The applicant passes an examination concerning the statutes and regulations of this chapter, administered by the board, pursuant to subparagraph (

B) of paragraph (5) of subdivision (

a) of

Section 4846.

(3) The applicant completes and submits the application specified by the board and pays the application and the initial license fee, pursuant to

Section 4905. (

c) A university license:

(1) Shall automatically cease to be valid upon termination or cessation of employment by the University of California or by the Western University of Health Sciences.

(2) Shall be subject to the license renewal provisions in

Section and the payment of the renewal fee pursuant to subdivision (

g) of

Section 4905.

(3) Shall be subject to denial, revocation, or suspension pursuant to Sections 480, 4875, and 4883.

(4) Authorizes the holder to practice veterinary medicine only at an educational institution described in subdivision (

a) and any locations formally affiliated with those institutions. (

d) An individual who holds a university license is exempt from satisfying the license renewal requirements of

Section 4846.5.

SEC.

Section 4996.22 of the Business and Professions Code is amended to read: 4996.22. (a)

(1) Except as provided in subdivision (d), the board shall not renew any license pursuant to this

chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than hours of approved continuing education in or relevant to the field of social work in the preceding two years, as determined by the board.

(2) The board shall not renew any license of an applicant who began graduate study before January 1, 2004, pursuant to this

chapter unless the applicant certifies to the board that during the applicant’s first renewal period after the operative date of this section, the applicant completed a continuing education course in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken before the operative date of this

section or proof of equivalent teaching or practice experience may be submitted to the board and, at its discretion, may be accepted in satisfaction of this requirement. Continuing education courses taken pursuant to this paragraph shall be applied to the hours of approved continuing education required under paragraph (1).

(3) The board shall not renew any registration pursuant to this

chapter unless the registrant certifies under penalty of perjury to the board, and on a form prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California law and ethics during the preceding year. (b)

(1) In determining its continuing education requirements, the board shall consider including a course in menopausal mental health.

(2) In determining its continuing education requirements, the board shall consider including a course in maternal mental health. (

c) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request. (

d) The board may establish exceptions from the continuing education requirement of this

section for good cause as defined by the board. (

e) The continuing education shall be obtained from one of the following sources:

(1) An accredited school of social work, as defined in

Section 4991.2, or a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.

(2) A school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education or a school, college, or university that is approved by the Bureau for Private Postsecondary Education.

(3) Another continuing education provider, as specified by the board by regulation. (

f) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (e), shall adhere to the procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this

section for failure to comply with this

section or any regulation adopted pursuant to this section. (

g) Training, education, and coursework by approved providers shall incorporate one or more of the following:

(1) Aspects of the discipline that are fundamental to the understanding, or the practice, of social work.

(2) Aspects of the social work discipline in which significant recent developments have occurred.

(3) Aspects of other related disciplines that enhance the understanding, or the practice, of social work. (

h) A system of continuing education for licensed clinical social workers shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served. (

i) The continuing education requirements of this

section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to

Section 166. (

j) The board may adopt regulations as necessary to implement this section.

SEC.

Section 5070.1 of the Business and Professions Code is amended to read: 5070.1. (

a) The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board. (

b) No licensee with a license in a retired status shall engage in any activity for which a permit is required. (

c) The board shall deny an applicant’s application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended or revoked, or is subject to disciplinary action under this chapter.

(1) For purposes of this subdivision, a permanent restricted practice order shall not be considered an outstanding order of the board provided the licensee has completed probation as part of any original discipline order.

(2) If a license is subject to a permanent restricted practice order at the time the board approves the license to be placed in a retired status, the permanent restricted practice order shall be reinstated if the license is restored from retired status to an active status and shall remain in effect until the board modifies or terminates the permanent restricted practice order. (d)

(1) The holder of a license that was canceled pursuant to

Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).

(2) Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.

(3) The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section. (

e) The board shall establish minimum qualifications to place a license in retired status. (

f) The board may exempt the holder of a license in a retired status from the renewal requirements described in

Section 5070.5. (

g) The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (

h) of

Section 5134. (

h) The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (

a) of

Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (

c) of

Section 5070.7, in order to restore the individual’s license. (

i) At the time of application, if the applicant has a valid email address, the applicant shall provide that email address to the board.

SEC. 10.

Section of the Business and Professions Code is amended to read: 5272. (

a) With the exception of

Article 4 (commencing with

Section 5300) and Sections to 5404, inclusive, this

chapter does not apply to any advertising display used exclusively for any of the following purposes:

(1) To advertise the sale, lease, or exchange of real property on which the advertising display is placed.

(2) To advertise directions to, and the sale, lease, or exchange of, real property for which the advertising display is placed, provided that this exemption does not apply to advertising displays visible from a highway and subject to the Highway Beautification Act of 1965 (23 U.S.C.

Sec. 131).

(3) To designate the name of the owner or occupant of the premises or to identify the premises.

(4) To advertise the business conducted, services rendered, or goods produced or sold on the property on which the advertising display is placed if the display is on the same side of the highway and within 1,000 feet of the point on the property or within 1,000 feet of the entrance to the site at which the business is conducted, services are rendered, or goods are produced or sold.

(5) To display only noncommercial public health, emergency, and safety messages from the County of San Joaquin, on public property and equipment owned and operated by the County of San Joaquin in conformance with state law, federal law, regulations, and agreements. (

b) With the exception of

Article 4 (commencing with

Section 5300) and Sections to 5404, inclusive, this

chapter does not apply to any advertising display used exclusively either to advertise products, goods, or services sold by persons on the premises of an arena on a regular basis, or to advertise products, goods, or services marketed or promoted on the premises of an arena pursuant to a sponsorship marketing plan, if all of the following conditions are met:

(1) The arena is capable of providing a venue for professional sports on a permanent basis.

(2) The arena has a capacity of 15,000 or more seats.

(3) The advertising display is either of the following: (

A) Located on the premises of the arena. (

B) Has been authorized as of January 1, 2021, by, or in accordance with, a local ordinance, including, but not limited to, a specific plan or sign district adopted in connection with the approval of the arena by the city, county, or city and county, bears the name or logo of the arena, and is visible when approaching offramps from the interstate, primary, or state highways used to access the premises of the arena. No arena shall be permitted more than two advertising displays allowed under this subparagraph. (c)

(1) Any advertising display erected pursuant to subdivision (

b) and located on the premises of the arena shall be lawful only if authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the city, county, or city and county, that regulates advertising displays on the premises of the arena by identifying the specific displays or establishing regulations that include, at a minimum, all of the following: (

A) Number of signs and total signage area allowed. (

B) Maximum individual signage area. (

C) Minimum sign separation. (

D) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness. (

E) Illuminated sign hours of operation.

(2) Authorization of advertising displays under subdivision (

b) is subject to the owner of the advertising display submitting to the department a copy of the ordinance adopted by the city, county, or city and county in which the arena is located authorizing the advertising display and, for signs located on the premises of the arena, identification of the provisions of the ordinance required under paragraph (1). The department shall certify that the proposed ordinance meets the minimum requirements contained in paragraph (1).

(3) An advertising display authorized pursuant to subdivision (

b) shall not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.

(4) This

chapter does not limit a local government from adopting ordinances prohibiting or further restricting the size, number, or type of advertising displays permitted by this section. (

d) As used in this section, “the premises of an arena” means either of the following:

(1) A venue for indoor or outdoor sports, concerts, or other events.

(2) Any development project or district encompassing the venue, adjacent to it, or separated from it only by public or private rights-of-way, the boundaries of which have been set by the city, county, or city and county in which the arena is located. The development project or district shall be contiguous and shall not extend more than 1,000 feet beyond the arena structure or any structure physically connected to the arena structure. (

e) As used in this section, “sponsorship marketing plan” means an agreement between the property owner, facility owner, facility operator, or occupant of the premises of an arena and a sponsor pursuant to which the sponsor is allowed to include its logo, slogan, or advertising on advertising displays and that meets both of the following conditions:

(1) The sponsorship marketing plan is for a period of not less than days.

(2) The sponsorship marketing plan grants the sponsor the opportunity to display its logo, slogan, or advertising in the interior of structures on the premises of an arena, or conduct promotions, public relations, or marketing activities on the premises of an arena. (

f) Authorization of an advertising display under subdivision (

b) that is a message center display is subject to the owner of the display complying with one of the following conditions:

(1) Making a message center display within the premises of the arena available on a space-available basis for use by the department or the Department of the California Highway Patrol for public service messages, including Emergency Alert System (Amber Alert) messages disseminated pursuant to

Section of the Government Code, and messages containing, among other things, reports of commute times, drunk driving awareness messages, reports of accidents of a serious nature, and emergency disaster communications.

(2) Making a message center display not subject to this

section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol.

(3) Providing funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of the arena by the city, county, or city and county. (

g) If an advertising display authorized under subdivision (

b) is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds provided in

Section of Title of the United States Code, authorization of the display under subdivision (

b) shall cease and the display owner shall remove all advertising copy from the display within days after the state notifies the display owner of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this subdivision shall result in a civil fine, imposed by the department, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with cessation of operation or removal of an advertising display or advertising copy pursuant to this subdivision. (

h) The city, county, or city and county adopting the ordinance authorizing the displays erected pursuant to this

section shall have primary responsibility for ensuring that the displays remain in conformance with all provisions of the ordinance and of this section. If the city, county, or city and county fails to ensure that the displays remain in conformance with all provisions of the ordinance and of this

section after days of receipt of a written notice from the department, the city, county, or city and county shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this

section or to defend actions challenging the adoption of the ordinance allowing the displays. (

i) An advertising display lawfully erected on or before December 31, 2013, in conformity with subdivision (

e) of this

section as it read on that date, shall remain authorized, subject to the terms of that subdivision.

SEC.

Section 5272.5 of the Business and Professions Code is amended to read: 5272.5. The department shall, when renegotiating an agreement with the Federal Highway Administration on the state’s obligations pursuant to the Highway Beautification Act of 1965 (23 U.S.C.

Sec. 131), include among its priorities support for advertising displays at arenas, as described in

Section 5272.

SEC. 12.

Section of the Business and Professions Code is amended to read: 7048. (

a) This

chapter does not apply to a work or operation on one undertaking or project by one or more contracts if the aggregate contract price for labor, materials, and all other items is less than one thousand dollars ($1,000), that work or operation being considered of casual, minor, or inconsequential nature, and the work or operation does not require a building permit. (

b) This

section does not apply in a case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars ($1,000) for the purpose of evasion of this

chapter or otherwise. (

c) This

section does not apply to a person who does either of the following:

(1) Advertises or puts out a sign or card or other device that might indicate to the public that the person is a contractor or that the person is qualified to engage in the business of a contractor.

(2) Employs another person to perform, or assist in performing, the work or operation.

SEC. 13.

Section of the Business and Professions Code is amended to read: 7363. (

a) A course in hairstyling established by a school shall consist of not less than hours of practical and technical instruction. (

b) The curriculum for a hairstyling course shall include, at a minimum, technical and practical instruction in the following areas:

(1) One hundred hours in health and safety, which includes hazardous substances, chemical safety, safety data sheets, protection from hazardous chemicals, preventing chemical injuries, health and safety laws and regulations, and preventing communicable diseases.

(2) One hundred hours in disinfection and sanitation, which includes disinfection procedures to protect the health and safety of consumers as well as the technician and proper disinfection procedures for equipment used in establishments. (3) (

A) Two hundred hours in hairstyling services, which includes arranging, blow drying, cleansing, curling, dressing, hair analysis, shampooing, waving, and nonchemical straightening, and hair cutting including the use of shears, razors, electrical clippers and trimmers, and thinning shears, for wet and dry cutting. (

B) Instruction in hairstyling services shall include instruction regarding the provision of services to individuals with all hair types and textures, including, but not limited to, various curl or wave patterns, hair strand thicknesses, and volumes of hair.

SEC.

Section 8020.5 of the Business and Professions Code is amended to read: 8020.5. (a)

(1) The California state licensing examination shall consist of the following three divisible parts: (

A) English. (

B) Professional Practice. (

C) Dictation/Transcription (Machine/Skill). (2) (

A) The passing grades for the Dictation/Transcription part of the examination is percent. (B) (

i) The passing grades for English and Professional Practice, the two written knowledge parts of the examination, shall be determined by the Angoff criterion-referenced method. (ii) The passing scores may vary moderately with changes in test composition. (iii) Any examinee who obtains a grade which equals or exceeds the passing score determined by the Angoff criterion-referenced method will be deemed to have passed the applicable portion of the examination, assuming the other requirements of this

section are met. (

b) The board shall notify each examinee electronically or in writing of their pass or fail examination results. (c)

(1) An applicant shall take and pass all three parts of the examination within three consecutive years to have passed the examination.

(2) The three-year period shall begin from the date of the examination or any part of the examination for which the applicant is first scheduled. (d)

(1) After a period of four months has elapsed, an applicant may repeat any part of the examination.

(2) An applicant shall not repeat any part of the examination unless or until a new version of the examination has been introduced. (

e) Notwithstanding subdivision (c), an applicant who passes a part of the examination shall receive conditional credit for passing that part and may retake the remaining parts. (

f) The period of time designated in subdivision (

c) may be extended by the board for a period of time not to exceed one year upon the showing of extraordinary extenuating circumstances. (g)

(1) Successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-

S) certification administered through the National Verbatim Reporters Association satisfies the requirement to pass the Dictation/Transcription examination under subparagraph (

C) of paragraph (1) of subdivision (a).

(2) Applicants who passed the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-

S) are subject to the requirements identified under subdivision (

a) for the English examination and the Professional Practice examination, all of which must be passed within three consecutive years, pursuant to subdivision (c), to have passed the California state licensing examination.

SEC. 15.

Section of the Business and Professions Code is amended to read: 17580. (

a) A person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not harmful to, or is beneficial to, the natural environment, through the use of such terms as “environmental choice,” “ecologically friendly,” “earth friendly,” “environmentally friendly,” “ecologically sound,” “environmentally sound,” “environmentally safe,” “ecologically safe,” “environmentally lite,” “green product,” or any other like term, or through the use of a chasing arrows symbol or by otherwise directing a consumer to recycle the consumer good, shall maintain in written form in its records all of the following information and documentation supporting the validity of the representation:

(1) The reasons the person believes the representation to be true.

(2) Any significant adverse environmental impacts directly associated with the production, distribution, use, and disposal of the consumer good.

(3) Any measures that are taken by the person to reduce the environmental impacts directly associated with the production, distribution, and disposal of the consumer good.

(4) Violations of any federal, state, or local permits directly associated with the production or distribution of the consumer good.

(5) Whether, if applicable, the consumer good conforms with the uniform standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims for the use of the terms “recycled,” “recyclable,” “biodegradable,” “photodegradable,” or “ozone friendly.”

(6) If the person uses the term “recyclable,” uses a chasing arrows symbol, or otherwise directs a consumer to recycle the consumer good, whether the consumer good meets all of the criteria for statewide recyclability pursuant to subdivision (

d) of

Section 42355.51 of the Public Resources Code. (

b) Information and documentation maintained pursuant to this

section shall be furnished to any member of the public upon request. (

c) For purposes of this section, a wholesaler or retailer who does not initiate a representation by advertising or by placing the representation on a package shall not be deemed to have made the representation. (

d) It is the intent of the Legislature that the information and documentation supporting the validity of the representation maintained under this

section shall be fully disclosed to the public, within the limits of all applicable laws. (

e) For purposes of this section, displaying a chasing arrows symbol or otherwise directing a consumer to recycle a consumer good shall not be considered misleading pursuant to

Section 17580.5 or

Section 42355.51 of the Public Resources Code if either of the following applies:

(1) The consumer good is required by any federal or California law or regulation to display a chasing arrows symbol, including, but not limited to,

Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C.

Sec. 14322(b)(1)) and

Section 25215.65 of the Health and Safety Code.

(2) The consumer good is a beverage container subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with

Section 14500) of the Public Resources Code). (

f) For purposes of this section, “chasing arrows symbol” means an equilateral triangle, formed by three arrows curved at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow from the base of the adjacent arrow. “Chasing arrows symbol” also includes variants of that symbol that are likely to be interpreted by a consumer as an implication of recyclability, including, but not limited to, one or more arrows arranged in a circular pattern or around a globe. (

g) For purposes of this section, a direction to a consumer to properly dispose of or otherwise properly handle a consumer good at the end of its useful life shall not be considered “otherwise directing a consumer to recycle a consumer good” pursuant to subdivision (

a) if both of the following requirements are met:

(1) The consumer good is subject to any of the following programs: (

A) Chapter 20 (commencing with

Section 42970) of Part of Division of the Public Resources Code relating to product stewardship for carpets. (

B) The Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with

Section 42985) of Part of Division of the Public Resources Code). (

C) The California Tire Recycling Act (Chapter 17 (commencing with

Section 42860) of Part of Division of the Public Resources Code). (

D) The Electronic Waste Recycling Act of 2003 (Chapter 8.5 (commencing with

Section 42460) of Part of Division of the Public Resources Code). (

E) Article 10.3 (commencing with

Section 25214.9) of

Chapter 6.5 of Division of the Health and Safety Code relating to electronic waste. (

F) The Rechargeable Battery Recycling Act of 2006 (Chapter 8.4 (commencing with

Section 42451) of Part of Division of the Public Resources Code). (

G) The Cell Phone Recycling Act of 2004 (Chapter 8.7 (commencing with

Section 42490) of Part of Division of the Public Resources Code). (

H) The paint product recovery program established pursuant to

Chapter 5 (commencing with

Section 48700) of Part of Division of the Public Resources Code. (

I) The Mercury Thermostat Collection Act of 2001 (Article 10.2.2 (commencing with

Section 25214.8.10) of

Chapter 6.5 of Division of the Health and Safety Code). (

J) The Lead-Acid Battery Recycling Act of 2016 (Article 10.5 (commencing with

Section 25215) of

Chapter 6.5 of Division of the Health and Safety Code).

(2) The direction to the consumer accurately instructs the consumer to dispose of the consumer good through participation in, and consistent with, one of the programs identified in paragraph (1) as that program applies to the consumer good. (

h) For purposes of this section, directing a consumer to compost or properly dispose of a consumer good through an organics recycling program shall not be considered “otherwise directing a consumer to recycle a consumer good” pursuant to subdivision (a).

SEC. 16.

Section of the Business and Professions Code is amended to read: 19520. (a)

(1) Every person not required to be licensed under

Article 4 (commencing with

Section 19480) who participates in, or has anything to do with, the racing of horses in any of the following capacities shall be licensed by the board pursuant to rules and regulations that the board may adopt and upon the payment of a license fee fixed and determined by the board: (

A) Assistant trainer. (

B) Association employee. (

C) Bloodstock agent. (

D) Corporate officer. (

E) Driver. (

F) Exercise rider. (

G) Farrier. (

H) Jockey. (

I) Jockey agent. (

J) Jockey apprentice. (

K) Jockey valet. (

L) Off-track wagering personnel. (

M) Open claim owner. (

N) Outrider. (

O) Owner. (

P) Parimutuel employee. (

Q) Pony rider. (

R) Safety personnel. (

S) Special event personnel. (

T) Stable agent. (

U) Stable foreman. (

V) Stableworker. (

W) Stakeholder representative. (

X) Trainer. (

Y) Vendor or vendor employee. (

Z) Veterinarian. (AA) Veterinarian assistant.

(2) Any license issued pursuant to this

article shall include a current photograph of the licensed person. (

b) A person required to be licensed pursuant to this

article shall not participate in any capacity in any horse race meeting without a valid and unrevoked license authorizing the participation. (

c) The board may adopt regulations to require outrider license applicants to pass both a written and an oral examination and to authorize outriders to exercise the duties and powers of the board set forth in

Section as are delegated by the board. (

d) For purposes of this section, the following

definitions apply: (1) “Assistant trainer” means a person employed by a trainer that has passed the board-issued trainer’s examination but fails to meet the board’s minimum qualifications for a trainer’s license. (2) “Association employee” means a person hired by a racing association that has access to the licensed inclosure.

An “association employee” includes management of the racetrack and persons hired to work as maintenance, food service, media, security, and racing staff. (3) “Bloodstock agent” means a person who for gain, gratuity, commission, or reward, in either money or goods, acts as an agent for the sale or purchase of any racehorse not their own that is eligible to race at an authorized race meeting in the state. (4) “Corporate officer” means an officer, director, or partner, or an individual who holds percent or more of outstanding shares, of an advance deposit wagering, mini-satellite wagering provider, simulcast service supplier, or totalizer company. (5) “Driver” means a person who drives and controls the horse from a seated position on a two-wheel sulky. (6) “Exercise rider” means a person mounted and exercising a horse within a licensed inclosure. (7) “Farrier” means a person responsible for shoeing and caring for equine hooves.

A “farrier” is also interchangeably referred to as a “horseshoer” or “plater.” (8) “Jockey” means a race rider. (9) “Jockey agent” means a person who represents a jockey whose main responsibility is to arrange and book mounts. (10) “Jockey apprentice” means a race rider who otherwise meets the license qualifications of a jockey, but has not ridden the requisite number of winners, as established by the board. (11) “Jockey valet” means a person responsible for preparing both jockey and horse for racing. (12) “Off-track wagering personnel” means a person employed at an off-track simulcast wagering facility or a person employed to represent an organization overseeing off-track wagering at a simulcast location pursuant to

section 19608.2. (13) “Open-claim owner” means a prospective owner of a horse entered into a claiming race. (14) “Outrider” means a person responsible for providing a safe environment during training or racing. (15) “Owner” means the owner, part owner, or lessee of a horse. An interest only in the earnings of a horse does not constitute ownership. (16) “Parimutuel employee” means a person hired to work for the company licensed to accept wagers on the outcome of a horse race.

A “parimutuel employee” includes totalizer technicians and those persons employed by a licensed totalizer company. (17) “Pony rider” means a person riding a pony horse on training or race days. (18) “Safety personnel” means a person hired to provide security, medical services, or emergency services within a racing inclosure. (19) “Special event personnel” means a person who works for the Breeders’ Cup World Championships when the event is held at a board-licensed racing facility or a person who is otherwise hired for a temporary racing event. (20) “Stable agent” means a person who is the authorized representative of a stable or an owner that may act on their behalf in managing the

schedule of races. (21) “Stable foreman” means a person in charge of daily operations in a racing stable. (22) “Stableworker” means a person employed at the operation of a stable at a board-licensed inclosure that is not more specifically described by another classification. This classification includes those who feed, groom, exercise, train, and conduct general care of horses. (23) “Stakeholder representative” means a person whose constituents are located within a licensed inclosure.

This includes clergy, union representatives, and representatives from state-recognized organizations of trainers or horsepersons. (24) “Trainer” means a person who has passed the board’s trainer’s examination and otherwise meets the board’s qualifications for licensure as established pursuant to regulation. (25) “Vendor or vendor employee” means a person who provides goods or services related to horse racing at a facility licensed by the board.

A “vendor” includes persons who access the licensed inclosure for the purpose of delivering equine supplies or transporting equines and maintenance workers, media, food service staff, jockey room staff, and stable staff. (26) “Veterinarian” means a California-licensed veterinarian. (27) “Veterinarian assistant” means a person employed by a board-licensed veterinarian.

SEC.

Section 23399.5 of the Business and Professions Code is amended to read: 23399.5. (a)

(1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.

(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served. (b)

(1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.

(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served. (

c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with

Section 7301) of Division 3) if the following requirements are met:

(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.

(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.

(3) No more than ounces of beer or ounces of wine by the glass is offered to a client.

(4) The beer or wine is provided only during business hours and in no case later than p.m.

(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to

Section 23791. (

d) A license or permit is not required for the serving of alcoholic beverages as part of the curriculum of an apprenticeship program for bartending or mixology, provided all of the following requirements are met:

(1) The apprenticeship program is approved by the Chief of the Division of Apprenticeship Standards pursuant to

Section of the Labor Code.

(2) Students enrolled in the apprenticeship program are years of age or older.

(3) The apprenticeship program adopts a policy that the students may taste, but may not consume, the alcoholic beverages served.

(4) There is no extra charge or fee for the alcoholic beverages served.

SEC.

Section 26051.5 of the Business and Professions Code is amended to read: 26051.5. (

a) An applicant for a state license issued pursuant to this division to conduct commercial cannabis activity, as defined in

Section 26001, shall do all of the following:

(1) Except as provided in subparagraph (G), require that each owner, as defined in paragraphs (1) to (3), inclusive, of subdivision (aq) of

Section 26001, electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state and federal arrests, and also information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal. (

A) Notwithstanding any other law, the department may obtain criminal history information from the Department of Justice and the Federal Bureau of Investigation for an applicant or its owners, as defined in paragraphs (1) to (3), inclusive, of subdivision (aq) of

Section 26001, for any state license, as described in

Section 26050, under this division pursuant to subdivision (

u) of

Section of the Penal Code. (

B) When received, the Department of Justice shall transmit fingerprint images and related information received pursuant to this

section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the licensing authority. (

C) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (

p) of

Section of the Penal Code. (

D) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to

Section 11105.2 of the Penal Code, for applicants. (

E) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph. (

F) Notwithstanding any other law, a licensing authority may request and receive from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation. A local or state agency may provide those records to a licensing authority upon request. (

G) If an owner has previously submitted fingerprint images and related information required by the Department of Justice pursuant to this paragraph in connection with a valid state license issued by a licensing authority, all of the following apply: (

i) The owner shall not be required to submit additional fingerprint images and related information pursuant to this paragraph in connection with a subsequent application for a state license. (ii) The department shall not consider the owner’s criminal history information obtained from the fingerprint images and related information that were previously submitted pursuant to this paragraph when considering whether to issue a subsequent state license. (iii) An owner shall not be required to resubmit owner-related information previously provided to the department.

(2) Provide evidence of the legal right to occupy and use the proposed location and provide a statement from the landowner of real property or that landowner’s agent where the commercial cannabis activity will occur, as proof to demonstrate the landowner has acknowledged and consented to permit commercial cannabis activities to be conducted on the property by the tenant applicant.

(3) Provide evidence that the proposed location is in compliance with subdivision (

b) of

Section 26054.

(4) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. (5) (A) (

i) For an applicant with or more employees, or an applicant with or more employees that submits an application on or after July 1, 2024, provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement.

On and after July 1, 2024, the department shall not renew a license for a licensee with or more employees unless the licensee provides a statement that the licensee has already entered into and will abide by the terms of a labor peace agreement. (ii) For an applicant with or more employees but less than employees that has not yet entered into a labor peace agreement, provide a notarized statement as a part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within days of employing its 20th employee, or on or before July 1, 2024, whichever is earlier. (iii) For an applicant with less than employees that has not yet entered into a labor peace agreement, provide a notarized statement as a part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within days of employing its 10th employee, or on or before July 1, 2024, whichever is later. (iv) Nothing in this paragraph shall be construed to limit the authority of the department to revoke or suspend a license for a violation of this paragraph. (

B) Compliance with the terms of an applicable labor peace agreement is a condition of licensure. A licensee seeking renewal of any license shall attest to the department that it remains in compliance with the terms of any applicable labor peace agreement. (

C) Any labor organization, or any current or former employee of the relevant licensee, may report to the department that a licensee has failed to provide a truthful attestation of compliance with subparagraph (B). (

i) The reporting party shall provide documentation, in a form and manner required by the department, to substantiate their allegation before the department considers it. The department shall collaborate with such agencies as it deems relevant to evaluate the report. (ii) If the department substantiates the validity of a report made pursuant to this subparagraph, the department may suspend, revoke, place on probation with terms and conditions, or otherwise discipline the license and fine the licensee. (D) (

i) Any labor organization, or any current or former employee of the relevant licensee, may file a complaint with the Agricultural Labor Relations Board that an organization with which a licensee has entered into a labor peace agreement is not a bona fide labor organization. (ii) The Agricultural Labor Relations Board shall consider all relevant evidence provided or obtained in rendering a decision on whether the entity is a bona fide labor organization and issue a report with its findings no later than days from receiving the complaint. (iii) If the Agricultural Labor Relations Board determines that the entity is not a bona fide labor organization, the labor peace agreement shall be null and void.

The department shall promptly notify all licensees that have signed labor peace agreements with the entity that the entity was found not to be a bona fide labor organization and offer those licensees a reasonable time period, not to exceed days, to enter into a labor peace agreement with a bona fide labor organization. Failure to enter into a labor peace agreement with a bona fide labor organization after that reasonable time period shall be a violation of this section. (

E) For the purposes of this paragraph, all of the following shall apply: (i) “Employee” does not include a supervisor. (ii) “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for employees. (iii) “Supervisor” means an individual having authority, in the interest of the applicant, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(6) Provide the applicant’s valid seller’s permit number issued pursuant to

Part 1 (commencing with

Section 6001) of Division of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller’s permit.

(7) Provide any other information required by the department.

(8) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with

Section 1140) of Division of the Labor Code), to the extent not prohibited by law.

(9) Pay all applicable fees required for licensure by the department.

(10) Provide proof of a bond to cover the costs of destruction of cannabis or cannabis products if necessitated by a violation of licensing requirements. (11) (

A) Provide a statement, upon initial application and application for renewal, that the applicant employs, or will employ within one year of receiving or renewing a license, one supervisor and one employee who have successfully completed a Division of Occupational Safety and Health 30-hour general industry outreach course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course. This paragraph shall not be construed to alter or amend existing requirements for employers to provide occupational safety and health training to employees. (

B) An applicant with only one employee shall not be subject to subparagraph (A). (

C) For purposes of this paragraph “employee” has the same meaning as provided in clause (

i) of subparagraph (

E) of paragraph (5) and “supervisor” has the same meaning as provided in clause (iii) subparagraph (

E) of paragraph (5). (

b) An applicant shall also include in the application a detailed description of the applicant’s operating procedures for all of the following, as required by the department:

(1) Cultivation.

(2) Extraction and infusion methods.

(3) The transportation process.

(4) Inventory procedures.

(5) Quality control procedures.

(6) Security protocols.

(7) For applicants seeking licensure to cultivate, the source or sources of water the applicant will use for cultivation, as provided in subdivisions (

a) to (c), inclusive, of

Section 26060.1. For purposes of this paragraph, “cultivation” as used in

Section 26060.1 shall have the same meaning as defined in

Section 26001. The department shall consult with the State Water Resources Control Board and the Department of Fish and Wildlife in the implementation of this paragraph. (

c) The applicant shall also provide a complete detailed diagram of the proposed premises wherein the license privileges will be exercised, with sufficient particularity to enable ready determination of the bounds of the premises, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, and common or shared entryways, and include a brief statement or description of the principal activity to be conducted therein, and, for licenses permitting cultivation, measurements of the planned canopy, including aggregate square footage and individual square footage of separate cultivation areas, if any, roads, water crossings, points of diversion, water storage, and all other facilities and infrastructure related to the cultivation. (

d) Provide a complete list of every person with a financial interest in the person applying for the license as required by the department. For purposes of this subdivision, “persons with a financial interest” does not include persons whose only interest in a licensee is an interest in a diversified mutual fund, blind trust, or similar instrument.

SEC.

Section 26152.2 of the Business and Professions Code is amended to read: 26152.2. (

a) The Attorney General, on behalf of the people, a city attorney, or a county counsel may bring and maintain an action to redress a violation of subdivisions (d), (e), (f), and (

g) of

Section 26152, or subdivision (

b) of

Section of the Health and Safety Code. (b)

(1) The Attorney General, a city attorney, or a county counsel who prevails in an action pursuant to this

section shall be awarded injunctive relief.

(2) The Attorney General, a city attorney, or a county counsel may also be awarded either or both of the following: (

A) Reasonable attorney’s fees and costs. (

B) Civil penalties of not more than five thousand dollars ($5,000) per violation by a licensed cannabis business or an industrial hemp registrant and not more than thirty thousand dollars ($30,000) per violation by an unlicensed cannabis business or an unregistered business engaged in the sale of products that contain industrial hemp.

(3) The remedies provided in this

section shall be in addition to any other remedies otherwise provided in any other law. (

c) In determining whether to award reasonable attorney’s fees and costs and civil penalties, and in assessing the amount of any civil penalty, the court shall consider factors the court determines to be relevant, including, but not limited to, all of the following:

(1) The gravity of the violation.

(2) The defendant’s good faith, or lack thereof.

(3) The defendant’s history of previous violations. (

d) Civil penalties awarded in an action brought pursuant to this

section shall be distributed as described in subdivision (

d) of

Section 26038. (e)

(1) Except as provided in paragraph (2), a defendant shall not be subject to more than one action pursuant to this

section in connection with the same, or substantially similar, advertising or marketing.

(2) This subdivision does not prohibit a subsequent action pursuant to this

section to redress a recurring or continuing violation of

Section or of

Section of the Health and Safety Code, after the defendant has previously been found to have engaged in the same violation of

Section or of

Section of the Health and Safety Code or a substantially similar violation. Such an action may be brought and maintained if all of the following conditions are satisfied: (

A) The defendant has previously been found, in an action pursuant to this section, to have violated one or more subdivisions of

Section or subdivision (

b) of

Section of the Health and Safety Code. (

B) The defendant subsequently engages in the same advertising or marketing, or substantially similar advertising or marketing, that was previously found to violate

Section or subdivision (

b) of

Section of the Health and Safety Code. (

C) The subsequent action is limited to advertising or marketing that occurred after entry of judgment in the prior action. (f)

(1) The causes of action, remedies, and penalties provided by this

section are cumulative to each other and to the causes of action, remedies, and penalties available under all other laws of this state.

(2) This

section shall not be construed to limit the availability of any cause of action, remedy, or penalty otherwise available under any other law of this state. (g)

(1) This

section shall not be construed to limit or otherwise alter, in any way, any other authority conferred by law upon the Attorney General, the department, or any other state or local officer or agency.

(2) An action brought pursuant to this

section shall not have preclusive effect upon the Attorney General, the department, or any other state or local officer or agency.

SEC. 20.

Section of the Business and Professions Code is amended to read: 26200. (a)

(1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with

Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.

(2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with

Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements. (

b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (

c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to

Chapter 3 (commencing with

Section 26030). (

d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e)

(1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following: (

A) The requirements of subparagraphs (

A) to (C), inclusive, of paragraph (2) of subdivision (g). (

B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (

C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (

D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (

E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.

(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections and 26038.

(3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately.

(4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision.

Chapter 3 (commencing with

Section 490) of Division 1.5 and

Chapter 4 (commencing with

Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).

(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (

c) of

Section 22950.5. (6) (

A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (

B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport. (

C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to

Chapter 12 (commencing with

Section 26120).

(7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.

(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with

Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act. (

A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until a.m. on the day after the event has ended. (

B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until a.m. on the day after the event has ended. (

f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to,

Section of

Article XI of the California Constitution. (g)

(1) Notwithstanding paragraph (1) of subdivision (

a) of

Section 11362.3 of the Health and Safety Code, if all of the conditions in paragraph (2) are met, a local jurisdiction may allow for any of the following: (

A) Smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division that has been granted authority by a local jurisdiction to engage in onsite cannabis consumption. (B) (

i) Preparation or sale of noncannabis food or beverage products in compliance with all applicable provisions of the California Retail Food Code (Chapter 1 (commencing with

Section 113700) of Part of Division of the Health and Safety Code) by a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed. (ii) For purposes of this subparagraph, “noncannabis food or beverage products” shall not include industrial hemp products or hemp products, as defined in

Section of the Health and Safety Code. (

C) Live musical or other performances on the premises of a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed, and the sale of tickets for those performances.

(2) A local jurisdiction may allow any of the activities provided in paragraph (1) if all of the following conditions are met: (

A) Access to the area where cannabis consumption is allowed is restricted to persons years of age or older and each entrance to the area prominently posts a warning that cannabis consumption, including smoking of cannabis, is permitted inside. (

B) Cannabis consumption is not visible from any public place or nonage-restricted area. (

C) Sale or consumption of alcohol or tobacco is not allowed on the premises. (

D) Noncannabis food or beverage products are not contaminated by or commingled with any cannabis products sold or served on the premises where the consumption of cannabis is allowed. (E) (

i) Smoking or vaporizing of any cannabis product by an employee or customer is not allowed in the food preparation, food storage, or warewashing area of a food facility located on the premises. (ii) For purposes of this subparagraph, the following

definitions apply: (I) “Food facility” has the same meaning as that term is defined in

Section of the Health and Safety Code. (II) “Warewashing” has the same meaning as that term is defined in

Section of the Health and Safety Code. (

F) The local jurisdiction considers whether to require adequate ventilation and filtration systems. (

i) Ventilation and filtration systems are considered adequate for the purpose of this subparagraph if they prevent smoke and odors from migrating to any other part of the building hosting the consumption lounge or any neighboring building or grounds. (ii) Nothing in this subparagraph prohibits a local jurisdiction from allowing one or more forms of cannabis consumption on the premises of a retailer or microbusiness licensed under this division, including smoking, vaporizing, and ingesting of cannabis or cannabis products, while prohibiting other forms of cannabis consumption on the premises of a retailer or microbusiness licensed under this division. (G) (

i) Employees are permitted at their discretion and without penalty or sanction to wear a mask for respiration, including N95 and NIOSH N95 rated masks in any area where cannabis is smoked. (ii) Employers are required to pay for the mask. (

H) When hired, employees who will be working where cannabis is smoked shall be provided in writing the State Department of Public Health or its successor’s guidance regarding secondhand cannabis smoke. (

I) A cannabis consumption lounge that offers onsite consumption of cannabis products shall include secondhand smoke in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by

Section of Title of the California Code of Regulations. (

J) Loitering in or around the business is prohibited, and the retailer or microbusiness shall ensure the absence of loitering. (

h) This division shall not be interpreted to supersede

Section 6404.5 of the Labor Code. (

i) This

section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in

Section 26054, on or at a venue premises licensed under this division. (

j) If a retailer or microbusiness license issued under this division is suspended, the licensee shall not engage in activities authorized under subdivision (

g) for the duration of the license suspension. (

k) All noncannabis food and beverages present, pursuant to this section, on the premises of a retailer or microbusiness licensed under this division shall be stored and displayed separately and distinctly from all cannabis and cannabis products present on the premises. (

l) Subdivision (

g) does not authorize a retailer or microbusiness licensed under this division to prepare or sell industrial hemp, as defined in

Section 11018.5 of the Health and Safety Code, or any products containing industrial hemp.

SEC.

Section 714.3 of the Civil Code is amended to read: 714.3. (

a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of

Article 2 (commencing with

Section 66314) or

Article 3 (commencing with

Section 66333) of

Chapter of Division of Title of the Government Code is void and unenforceable. (

b) This

section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of

Article 2 (commencing with

Section 66314) or

Article 3 (commencing with

Section 66333) of

Chapter of Division of Title of the Government Code.

SEC.

Section 798.56 of the Civil Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 798.56. (

a) A tenancy shall be terminated by the management only for one or more of the following reasons:

(1) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.

(2) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents. (3) (

A) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (

d) of

Section 243, paragraph (2) of subdivision (a), or subdivision (b), of

Section 245,

Section 288, or

Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome. (

B) However, the tenancy shall not be terminated for the reason specified in this paragraph if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.

(4) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto. No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days.

However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation. This paragraph does not relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated. (5) (

A) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this paragraph, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by

Section of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (

b) of

Section 798.55 within days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the days’ notice required for termination of the tenancy. A three-day notice given pursuant to this paragraph shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank: “Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last months. Pursuant to Civil Code

Section 798.56 (a)(5)(E), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.” (

B) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this paragraph. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated. (

C) Payment by the legal owner, as defined in

Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in

Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in

Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (

b) of

Section 798.55, shall cure a default under this subdivision with respect to that payment. (

D) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this paragraph, shall not be exercised more than twice during a 12-month period. (

E) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in subparagraph (

A) no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges. In that event, the management shall give written notice to the homeowner in the manner prescribed by

Section of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (

b) of

Section 798.55, by certified or registered mail, return receipt requested, within days after notice is sent to the homeowner. (

F) When a copy of the days’ notice described in subparagraph (

E) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of calendar days following the mailing of the notice, if all of the following conditions exist: (

i) A copy of a three-day notice sent pursuant to subdivision (

b) of

Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period. (ii) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period. (iii) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.

If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in subparagraph (

E) shall be rescinded.

(6) Condemnation of the park.

(7) Change of use of the park or any portion thereof, provided: (

A) The management gives the homeowners at least days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park. (B) (

i) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy. (ii) If the change of use requires no local governmental permits, then notice shall be given months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (

C) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (

D) The notice requirements for termination of tenancy set forth in this

section and

Section 798.57 shall be followed if the proposed change actually occurs. (

E) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this paragraph shall be governed by the law in effect at the time the notice was given. (

b) The report required pursuant to subdivisions (

b) and (

i) of

Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to paragraph (7) of subdivision (

a) of this section. (

c) A tenancy shall not be terminated pursuant to paragraph (5) or (7) of subdivision (

a) and a notice of termination based thereon shall not be issued pursuant to

Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to

Chapter 4 (commencing with

Section 18500) of

Part 2.1 of Division of the Health and Safety Code. (

d) For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in

Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome. (

e) This

section shall become operative on February 1, 2025.

SEC. 23.

Section of the Civil Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 835. (

a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in

Section of the Food and Agricultural Code, that meets the following requirements:

(1) The electrified security fence is powered by an electrical energizer, driven by solar-charged batteries of no more than volts of direct current, with both of the following output characteristics: (

A) The impulse repetition rate does not exceed hertz (hz). (

B) The impulse duration does not exceed milliseconds, or 10 of a second.

(2) The electrified security fence is used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard, provided that the secured area does not include any existing residential or hospitality uses. (

b) An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:

(1) The property is not located in a residential zone and falls within the description of property described in paragraph (2) of subdivision (a).

(2) The electrified security fence meets the standards and specifications of the International Electrotechnical Commission for electric security fence energizers in “International Standard IEC 60335,

Part 2-76:2018.”

(3) The electrified security fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria: (

A) The warning signs are placed at each gate and access point, and at intervals along the electrified security fence not exceeding feet. (

B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards. (

C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the electrified security fence in wet conditions.

(4) The height of the electrified security fence does not exceed feet or feet higher than an existing nonelectrified perimeter fence or wall, whichever is greater. The electrified security fence shall be located behind a nonelectrified perimeter fence or wall that is not less than five feet in height.

(5) The electrified security fence includes a device that enables first responders to deactivate the electrified security fence in response to an emergency, if utilized by a city, county, or city and county. (

c) The electrified security fence may interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (d)

(1) An owner of real property not specified in paragraph (2) of subdivision (

a) shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance may prohibit the installation and operation of an electrified security fence that does not comply with subdivisions (

a) to (c), inclusive. A local ordinance that prohibits or regulates only the installation or operation of an electrified fence as defined in

Section of the Food and Agricultural Code shall not be construed to apply to an electrified security fence.

(2) For property specified under paragraph (2) of subdivision (a), and in compliance with subdivisions (

a) to (c), inclusive, a city, county, or city and county ordinance, regulation, or code shall not prohibit the installation and operation of an electrified security fence, nor require a permit or approval that is in addition to an alarm system permit issued by the city, county, or city and county. A city, county, or city and county may require an administrative permit confirming the fence meets the requirements of this

section if it is on a property abutting a property in residential use, or within feet of a public park, childcare facility, recreation center, community center, or school facility. (

e) Nothing in this

section shall be construed to alter the authority of a jurisdiction to adopt and enforce an ordinance relating to nonelectrified perimeter fences or walls as legally authorized, if applicable. (

f) This

section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 24.

Section of the Civil Code is amended to read: 1770. (

a) The unfair methods of competition and unfair or deceptive acts or practices listed in this subdivision undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful:

(1) Passing off goods or services as those of another.

(2) Misrepresenting the source, sponsorship, approval, or certification of goods or services.

(3) Misrepresenting the affiliation, connection, or association with, or certification by, another.

(4) Using deceptive representations or designations of geographic origin in connection with goods or services.

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have.

(6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(8) Disparaging the goods, services, or business of another by false or misleading representation of fact.

(9) Advertising goods or services with intent not to sell them as advertised.

(10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity.

(11) Advertising furniture without clearly indicating that it is unassembled if that is the case.

(12) Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller.

(13) Making false or misleading statements of fact concerning reasons for, existence of, or amounts of, price reductions.

(14) Representing that a transaction confers or involves rights, remedies, or obligations that it does not have or involve, or that are prohibited by law.

(15) Representing that a part, replacement, or repair service is needed when it is not.

(16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not.

(17) Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction.

(18) Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer.

(19) Inserting an unconscionable provision in the contract.

(20) Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (

A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (

B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses that are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with

Section 12000) of Title of the Corporations Code if more than percent of purchases are made at the specific price set forth in the advertisement.

(21) Selling or leasing goods in violation of

Chapter 4 (commencing with

Section 1797.8) of Title 1.7. (22) (

A) Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message. (

B) This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient. (23) (

A) The home solicitation, as defined in subdivision (

h) of

Section 1761, of a consumer who is a senior citizen where a loan or assessment is made encumbering the primary residence of that consumer for purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of any of the following: (

i) Subsection (

h) or (

i) of

Section of Title of the United States Code. (ii) Paragraph (1), (2), or (4) of subdivision (

a) of

Section 226.34 of Title of the Code of Federal Regulations. (iii)

Section 22684, 22685, 22686, or of the Financial Code. (iv)

Section 5898.16, 5898.17, 5913, 5922, 5923, 5924, 5925, 5926, or of the Streets and Highways Code. (

B) A third party shall not be liable under this subdivision unless (

i) there was an agency relationship between the party who engaged in home solicitation and the third party, or (ii) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision. (24) (

A) Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services. (

B) For purposes of this paragraph: (i) “Public social services” means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them. (ii) “Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits. (iii) “Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed.

Factors to be considered, if appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following: (

I) The time and effort required. (II) The novelty and difficulty of the services. (III) The skill required to perform the services. (IV) The nature and length of the professional relationship. (

V) The experience, reputation, and ability of the person providing the services. (

C) This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee arbitration provisions of

Article 13 (commencing with

Section 6200) of

Chapter of Division of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons. (25) (

A) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term: (i) “I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department of Veterans Affairs in any proceeding on any matter, including an application for those benefits.

It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event. (ii) The statement in clause (

i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. (

B) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term: “This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries.

None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.” (

i) The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. (ii) The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering.

(26) Advertising, offering for sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits.

(27) Representing that a product is made in California by using a Made in California label created pursuant to

Section 12098.10 of the Government Code, unless the product complies with

Section 12098.10 of the Government Code. (28) (

A) Failing to include either of the following in a solicitation by a covered person, or an entity acting on behalf of a covered person, to a consumer for a consumer financial product or service: (

i) The name of the covered person, and, if applicable, the entity acting on behalf of the covered person, and relevant contact information, including a mailing address and telephone number. (ii) (

I) The following disclosure statement in at least 18-point bold type and in the language in which a solicitation described by this paragraph is drafted: “THIS IS AN ADVERTISEMENT. YOU ARE NOT REQUIRED TO MAKE ANY PAYMENT OR TAKE ANY OTHER ACTION IN RESPONSE TO THIS OFFER.” (II) (ia) The disclosure statement described in subclause (

I) shall appear in at least 16-point bold type on the front of an envelope that contains a solicitation described by this paragraph. (ib) This subclause applies only to solicitations made by physical mail. (

B) For purposes of this paragraph: (i) “Consumer financial product or service” has the same meaning as defined in

Section of the Financial Code. (ii) (I) “Covered person” has the same meaning as defined in

Section of the Financial Code. (II) “Covered person” does not mean an entity exempt from Division 24 (commencing with

Section 90000) of the Financial Code pursuant to

Section of the Financial Code. (iii) “Solicitation” means an advertisement or marketing communication through writing or graphics that i