20250SB__143397CHP INTRODUCED 2026-03-05 PASSED_ASSEMBLY 2026-06-15 PASSED_SENATE 2026-04-16 ENROLLED 2026-06-17 CHAPTERED 2026-06-30 APPROVED 2026-06-30 FILED 2026-06-30 2025 SB CHP CHP 0 Introduced by Committee on Judiciary (Senators Umberg (Chair), Allen, Ashby, Caballero, Durazo, Laird, Niello, Reyes, Stern, Valladares, Wahab, Weber Pierson, and Wiener) LEAD_AUTHOR SENATE Committee on Judiciary Senators Umberg (Chair), Allen, Ashby, Caballero, Durazo, Laird, Niello, Reyes, Stern, Valladares, Wahab, Weber Pierson, and Wiener

An act to amend Sections 733, 2242.2, 2553.5, 3046.1, 4073.5, 4602, 4610, 4826.5, 4858, 6126.7, 16608, and of the Business and Professions Code, to amend Sections 714.6, 798.14, 798.74.4, 1714.27, 3273.29, 4752, and of the Civil Code, to amend Sections 697.680 and 1094.9 of the Code of Civil Procedure, to amend Sections 234.7, 35221, 38134, 44043.5, 46392, 49001, 51140, 69436, 70022, 70034, and of the Education Code, to amend Sections 6915, 12304, and of the Elections Code, to amend

Section of the Fish and Game Code, to amend

Section of the Food and Agricultural Code, to amend Sections 1031.5, 6215, 6588.7, 8010, 8557, 10233, 10240, 11041, 11123.2, 12100.33, 12100.162, 12910, 12960, 12965, 15475.6, 19829.9854, 53398.52, 54953.4, 54953.8, 54953.8.1, 54954.2, 54957.9, 63049.71, 65589.5, 65914.2, 65950, 66300.6.5, 66323, 67784, 67786, 67788, and of, and to repeal the heading of

Chapter 17.45 (commencing with

Section 7289) of Division of Title of, the Government Code, to amend

Section of the Harbors and Navigation Code, to amend Sections 1279.6, 1342.74, 1367.25, 1597.640, 8028.73, 17021.8, 17970.3, 38532, 38562, 38562.3, 38591.2, 40100.5.5, 41313, 44501, 44515, 44559.14, 50406.4, 50410, 53545.14, 104660, 104661, and of the Health and Safety Code, to amend Sections 937, 10123.1933, and 10123.196 of the Insurance Code, to amend Sections 923.1, 1401, and 2810.8 of the Labor Code, to amend

Section of the Military and Veterans Code, to amend Sections 136.1, 636.6, 1170, 2780.6, 11105.04, and of the Penal Code, to amend Sections 4291.5, 4584.1, 4584.2, 5006.1, 5598, 5797.4, 21080.28.5, 21080.43, 21080.44, 25354, 25545, 25545.16, 25545.19, 30166, 30168, 30600.5, and 42652.5 of the Public Resources Code, to amend Sections 748.5, 850, 3299.2, 3310, 8501, and of, to amend the heading of

Chapter 10 (commencing with

Section 8500) of Division 4.1 of, and to repeal the heading of

Article of

Chapter of Division 1.5 of, the Public Utilities Code, to amend Sections 17053.40, 19002, and of the Revenue and Taxation Code, to amend Sections and 21450.5 of the Vehicle Code, to amend Sections 351, 50976, 60385, 60414, 74467, and of the Water Code, to amend Sections 309, 827, 9630, 10213.5, 11330.6, 13300.5, 14005.62, 14005.27, 14105.47, 14132.968, 16000.1, 16121.5, and of, and to repeal

Section 12306.16 of, the Welfare and Institutions Code, and to amend

Section of

Chapter of the Statutes of 2025, 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 is amended to read: 733. (

a) A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A violation of this

section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action by their licensing agency. (

b) Notwithstanding any other law, a licentiate shall dispense drugs and devices, as described in subdivision (

a) of

Section 4024, pursuant to a lawful order or prescription unless one of the following circumstances exists:

(1) Based solely on the licentiate’s professional training and judgment, dispensing pursuant to the order or the prescription is contrary to law, or the licentiate determines that the prescribed drug or device would cause a harmful drug interaction or would otherwise adversely affect the patient’s medical condition.

(2) The prescription drug or device is not in stock. If an order, other than an order described in

Section 4019, or prescription cannot be dispensed because the drug or device is not in stock, the licentiate shall take one of the following actions: (

A) Immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner. (

B) Promptly transfer the prescription to another pharmacy known to stock the prescription drug or device that is near enough to the site from which the prescription or order is transferred, to ensure the patient has timely access to the drug or device. (

C) Return the prescription to the patient and refer the patient. The licentiate shall make a reasonable effort to refer the patient to a pharmacy that stocks the prescription drug or device that is near enough to the referring site to ensure that the patient has timely access to the drug or device.

(3) The licentiate refuses on ethical, moral, or religious grounds to dispense a drug or device pursuant to an order or prescription. A licentiate may decline to dispense a prescription drug or device on this basis only if the licentiate has previously notified their employer, in writing, of the drug or class of drugs to which the licentiate objects, and the licentiate’s employer can, without creating undue hardship, provide a reasonable accommodation of the licentiate’s objection.

The licentiate’s employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the licentiate’s refusal to dispense the prescription or order. For purposes of this section, “reasonable accommodation” and “undue hardship” shall have the same meaning as applied to those terms pursuant to subdivision (

l) of

Section of the Government Code. (

c) For the purposes of this section, “prescription drug or device” has the same meaning as the definition in

Section 4022. (

d) This

section applies to emergency contraception drug therapy, over-the-counter contraceptives, and self-administered prescription-only hormonal contraceptives described in

Section 4052. (

e) This

section imposes no duty on a licentiate to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the licentiate or payment of any required copayment by the patient. (

f) The notice to consumers required by

Section shall include a statement that describes patients’ rights relative to the requirements of this section.

SEC.

Section 2242.2 of the Business and Professions Code is amended to read: 2242.2. Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of

Section 2837.103 or 2837.104, a registered nurse acting in accordance with

Section 2725.2, a certified nurse-midwife acting within the scope of

Section 2746.51, a nurse practitioner acting within the scope of

Section 2836.1, a physician assistant acting within the scope of

Section 3502.1, and a pharmacist acting within the scope of

Section may use a self-screening tool that will identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, self-administered hormonal contraceptives to the patient. Blood pressure, weight, height, and patient health history may be self-reported using the self-screening tool that identifies patient risk factors.

SEC.

Section 2553.5 of the Business and Professions Code is amended to read: 2553.5. (

a) A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations:

(1) A health facility as defined in

Section of the Health and Safety Code for a person admitted to that facility or an employee of that facility.

(2) A business location as defined in subdivision (

e) for an employee or independent contractor of the person operating the business at that location.

(3) Any certified place of business pursuant to

Section 2564.93. (

b) A registered spectacle lens dispenser who fits and adjusts spectacle lenses at a health facility or business location shall provide to the patient written information disclosing the registrant’s regular business address, certificate of registration number, phone number, and the name and phone number of the person designated by the licensee to receive complaints and inquiries, as specified in

Section 2552. (

c) This

section shall not be deemed to permit a registered contact lens dispenser to fit or adjust contact lenses at a health facility or at a business location, as defined in subdivision (e). (

d) A registered spectacle lens dispenser may fit and adjust spectacle lenses at a health facility or at a business location, as defined in subdivision (e), only if the dispenser is in personal attendance at a certified place of business pursuant to

Section 2564.93 at least percent of the dispenser’s regular working hours each week. (e) “Business location” means the place at which any business employs more than persons at any single business address, but shall not include a health facility, as defined in

Section of the Health and Safety Code, or a certified place of business as specified in

Section 2564.93. (

f) This

section does not affect the requirements regarding fitting and adjusting as set forth in Sections 2559.1 and 2560.

SEC.

Section 3046.1 of the Business and Professions Code is amended to read: 3046.1. (

a) The board shall issue a temporary license to practice optometry to a person who applies for and is eligible for licensure pursuant to

Section 3046, but who is unable to immediately take the

Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. In addition to

Section 3046, the person shall also satisfy all of the following conditions:

(1) The person has never been previously licensed to practice optometry in any state in the United States.

(2) The person pays to the board the applicable fee of one hundred dollars ($100), or a fee in an amount as determined by the board, not to exceed the reasonable cost of administering this

section and submits an application to be a temporary licensee, as described in subdivision (j), to the board.

(3) The person has received approval from their accredited school of optometry that the person meets the educational requirements to practice optometry.

(4) The person satisfies all other conditions to licensure established by this chapter. (

b) A person holding a temporary license shall be subject to the same rights and restrictions that are afforded to a person holding a valid, unrevoked California optometrist license, except as set forth in this section. For the purposes of this chapter, “temporary licensee” means a person holding a temporary license pursuant to this section. (

c) A temporary licensee shall practice under the direct supervision of a supervising optometrist. For the purposes of this chapter, “supervising optometrist” means a California licensed optometrist that has been licensed for a minimum of five years and has been certified for the treatment of glaucoma, pursuant to subdivision (

c) of

Section 3041, and submits an application to be a supervising optometrist, as described in subdivision (k), to the board. A licensed physician practicing ophthalmology may also supervise a temporary licensee and shall be subject to all of the same reporting requirements as set forth in this section. (

d) Notwithstanding any other law, a temporary licensee may perform services as authorized by this

chapter if both of the following requirements are met:

(1) The temporary licensee renders the services under the direct supervision of a supervising optometrist who is not subject to a disciplinary condition imposed by the board prohibiting that supervision or prohibiting the employment of a temporary licensee.

(2) The supervising optometrist is legally and professionally responsible for the actions of the temporary licensee. (

e) For the purposes of this chapter, “direct supervision” means that a supervising optometrist oversees the activities of, and accepts responsibility for, the services rendered by a temporary licensee. Direct supervision, as defined in this subdivision, requires that the supervising optometrist be physically present and immediately available in the facility or office in which the optometric services are being provided when the temporary licensee is with a patient. (

f) The supervising optometrist shall have a formal written procedure in place by which patients are informed that an optometrist with a temporary license will be performing the services. Additionally, the patient shall be informed that the supervising optometrist will be supervising the temporary licensee and the supervising optometrist will be identified to the patient. The temporary licensee shall note in the medical record the patient’s consent to this process prior to performing services authorized by this chapter. (

g) During the timeframe in which the temporary licensee holds a temporary license, the temporary licensee shall not open their own optometric office or place of practice. (

h) The temporary license shall expire either upon the date that the temporary licensee completes all of the requirements for licensure or six months after the date the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic has ended, pursuant to

Section of the Government Code, whichever occurs first. (

i) The supervising optometrist shall submit in writing to the board any violations of this

chapter committed by the temporary licensee within days of becoming aware of the violation. (

j) A person requesting to be a temporary licensee shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter: “Application for Temporary License Pursuant to

Section 3046.1 of the Business and Professions Code, the board shall issue a temporary license to practice optometry to any person who applies for and is eligible for licensure pursuant to

Section of the Business and Professions Code, but who is unable to immediately take the

Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. If eligible, you must also meet and maintain the following requirements to be a temporary licensee:

(1) Never been previously licensed to practice optometry in any state in the United States; and

(2) Receive confirmation via transcript or other correspondence from your accredited school of optometry that you meet the educational requirements to practice optometry. To apply to be a temporary licensee, provide documentation for item (2) above with your application. All documentation must be provided, or the application will be rejected.

First, Middle, and Last Name: Address (City, State, Zip Code): Phone Number: Email Address: Social Security or ITIN number: Date of Birth: Name of School of Optometry: Address of School of Optometry (City, State, Zip Code, Country): Date Degree Conferred: Name and License Number of Supervising Optometrist: Date you completed the CLRE: Regulations require the submission of fingerprints prior to issuance of the temporary license. Due to a change in the regulations, fingerprints are now checked by the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI).

Live Scan is required for California residents and a Manual Fingerprint Card is required for non-California residents. I declare under penalty of perjury under the laws of the State of California that the information provided on this form and the attached documents or other requested proof of completion is true and accurate. I understand and agree that any misstatements of material facts may be cause for denial of the Application for Temporary License and disciplinary action by the State Board of Optometry. Applicant Signature: Date: ” (

k) A person requesting to be a supervising optometrist shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter: “Application to be a Supervising Optometrist Pursuant to

Section 3046.1 of the Business and Professions Code, an individual may act as supervising optometrist to a temporary licensee, as defined in that section, if they meet the following conditions:

(1) Has been licensed for a minimum of five years; and

(2) Has been certified for the treatment of glaucoma pursuant to subdivision (

c) of

Section 3041. To apply to be a supervising optometrist, provide documentation for items (1) and (2) above with your application. All documentation must be provided, or the application will be rejected. First, Middle, and Last Name: Address of Record: Phone Number: Email Address: License Number: Name of temporary licensee whom you will be supervising: 1. I declare under penalty of perjury under the laws of the State of California that the information provided on this form and the attached documents or other requested proof of completion is true and accurate.

I understand and agree that any misstatements of material facts may be cause for denial of the application to be a Supervising Optometrist and disciplinary action by the State Board of Optometry. AND 2. I declare under penalty of perjury under the laws of the State of California that I will comply with all duties as a supervising optometrist set forth in

Section 3046.1 of the Business and Professions Code, and that pursuant to that section, I am legally and professionally responsible for the actions of the temporary licensee which may result in action being taken against my license in cases of temporary licensee misconduct. Applicant Signature: Date: ” (

l) The board is not required to adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code) to carry out this section.

SEC.

Section 4073.5 of the Business and Professions Code is amended to read: 4073.5. (

a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following:

(1) The alternative biological product is interchangeable.

(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d). (

b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems:

(1) An interoperable electronic medical records system.

(2) An electronic prescribing technology.

(3) A pharmacy benefit management system.

(4) A pharmacy record. (

c) Entry into an electronic records system as described in subdivision (

b) is presumed to provide notice to the prescriber. (

d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply:

(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed.

(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (

e) In no case shall a selection be made pursuant to this

section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning.

(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark.

(2) To indicate that a selection shall not be made pursuant to this

section for an electronic data transmission prescription, as defined in subdivision (

c) of

Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. (

f) Selection pursuant to this

section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this

section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for

an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (

a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist. (

g) This

section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in

Chapter 7 (commencing with

Section 14000) of Part of Division of the Welfare and Institutions Code. (

h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. (

i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. (

j) For purposes of this section, the following terms shall have the following meanings: (1) “Biological product” has the same meaning that applies to that term under

Section of the federal Public Health Service Act (42 U.S.C.

Sec. 262(i)). (2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in

Section 262(k)(4) of Title of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. (3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to

Section 503(

b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

Sec. 353(b)). (

k) This

section does not prohibit the administration of immunizations, as permitted in

Section 4052. (

l) This

section does not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product.

SEC. 6.

Section of the Business and Professions Code is amended to read: 4602. (

a) The California Massage Therapy Council, as described in subdivision (

d) of

Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter. (b)

(1) The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.

(2) Notwithstanding any other law, the total annual salary for any individual employed or contracted by the council shall not exceed the annual salary provided pursuant to

Section of the Government Code during that fiscal year. (

c) The council may require background checks for all employees, contractors, volunteers, and board members as a condition of their employment, formation of a contractual relationship, or participation in council activities. (

d) The council shall issue a certificate to an individual applicant who satisfies the requirements of this

chapter for that certificate. (

e) The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that they are entitled to certification. (

f) The council shall be governed by a board of directors composed of members who shall be chosen in the following manner:

(1) One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.

(2) One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.

(3) One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.

(4) One member shall be a representative of an “anti-human trafficking” organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.

(5) One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.

(6) One member who represents an approved massage school shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.

(7) One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.

(8) One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint. (9) (

A) Two members shall each be a certified massage therapist or a certified massage practitioner who is a California resident who has practiced massage for at least three years prior to the appointment, selected by a professional society, association, or other entity the membership of which is composed of massage therapist professionals, and that chooses to participate in the council. To qualify, a professional society, association, or other entity shall have a dues-paying membership in California of at least 1,000 individuals, have been established since 2000, and shall have bylaws that require its members to comply with a code of ethics. (

B) If there are more than two professional societies, associations, or other entities that meet the requirements of subparagraph (A), the appointments shall rotate based on a four-year term between each of the qualifying entities. The qualifying entity shall maintain its appointment authority during the entirety of the four-year term during which it holds the appointment authority. The order in which a qualifying professional society, association, or other entity has the authority to appoint shall be determined by alphabetical order based on the full legal name of the entity as of January 1, 2014.

(10) The members appointed to the board in accordance with paragraphs (1) to (9), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the board’s bylaws. One of those appointees shall be an attorney licensed by the State Bar of California who has been practicing law for at least three years and who at the time of appointment represents a city, county, or a city and county in the state. One of those appointees shall represent a massage business entity that has been operating in the state for at least three years.

The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with

Section 4603. (

g) Any decision to change the appointing authority of any member appointed to the board pursuant to paragraphs (1) to (9), inclusive, of subdivision (

f) shall not be effective unless the current member has completed their term under subdivision (

h) or the appointment is vacant. (h)

(1) Board member terms shall be for four years and until the appointment and qualification of their successor or until one year from the expiration of the term for which the member was appointed, whichever occurs first. A board member who has served two terms shall not be eligible for reappointment to the board regardless of the appointing authority. Any board member who, as of January 1, 2025, has served on the board for out of the preceding years, regardless of the appointing authority, shall vacate their appointment no later than July 1, 2025.

(2) A board member may be removed only by their appointing authority under the conditions provided in

Section 106. (

i) The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board. (

j) Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least days’ notice of the meeting, including posting a notice on the council’s internet website unless at least two-thirds of the board members concur that there is an active threat to public safety and that voting at a meeting without prior notice is necessary. However, the board shall not waive the requirements of subdivision ( l ). (

k) If the board approves an increase in the certification fees, the council shall update all relevant areas of its internet website and notify all certificate holders and affected applicants by email within days of the board’s action. (

l) The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with

Section 11120) of

Chapter of Part of Division of Title of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act. Except as otherwise provided in this chapter, meetings of the council shall be governed by either Rosenberg’s Rules of Order or Robert’s Rules of Order, Newly Revised. (m)

(1) The council shall provide a meaningful opportunity for public participation in the adoption, amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, but not limited to, actions by the council to increase fees, impose additional requirements for certification or approval, or substantively modify the disciplinary processes.

(2) For purposes of this subdivision, the council shall, at a minimum, publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a

summary of the changes being considered for a period of at least calendar days before the adoption, amendment, or repeal. The council shall accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes. (

n) The council shall assess its contact with non-English speakers. Based on this assessment, the council shall offer and make available all publicly available written and electronic materials provided to certificate holders and applicants in languages other than English that the council determines will be used by a substantial number of non-English speakers who are in contact with the council. This subdivision shall not apply to examinations, denial and disciplinary legal documents, and email communications. The council shall provide a report to the Legislature on the findings of its assessment of contact with non-English speakers on or before January 1, 2019. (o)

(1) Beginning July 1, 2027, the council shall, to the extent practicable, make the records of the council available for public inspection in a manner consistent with the California Public Records Act (Division 10 (commencing with

Section 7920.000) of the Government Code), as though the council were a public agency for purposes of that act.

(2) The council may charge for the direct costs of responding to requests for records pursuant to this subdivision, including staff time reasonably required to identify, locate, and provide records.

(3) It is the intent of the Legislature in enacting this subdivision that, in addition to having all exemptions under the California Public Records Act (Division 10 (commencing with

Section 7920.000) of the Government Code) apply, the council shall not disclose investigatory records or records containing sensitive information, including law enforcement activities or personally identifying information regarding applicants, certificate holders, employers of certificate holders or other employer staff, council employees and contractors, massage school owners and staff, or other members of the public, including potential victims or survivors of human trafficking, sexual assault, or other crimes.

SEC. 7.

Section of the Business and Professions Code is amended to read: 4610. (

a) An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this

chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this

section shall be void and without effect. (

b) The council may discipline a certificate holder by any, or a combination, of the following methods:

(1) Placing the certificate holder on probation, which may include limitations or conditions on practice.

(2) Suspending the certificate and the rights conferred by this

chapter on a certificate holder for a period not to exceed one year.

(3) Suspending or staying the disciplinary order, or portions of it, with or without conditions.

(4) Revoking the certificate.

(5) Taking other action as the council deems proper, as authorized by this

chapter or policies, procedures, rules, or bylaws adopted by the board. (

c) The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant. (

d) Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (

e) is fair and reasonable. (

e) A procedure is fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (

f) or (

g) are followed or if all of the following apply:

(1) Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements.

A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided.

(2) The provisions of the procedure are publicly available on the council’s internet website.

(3) The council provides calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.

(4) The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a qualified person or body authorized to decide whether the proposed denial or discipline should go into effect. (f)

(1) Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (

b) of

Section of the Penal Code or any other offense described in paragraph (11) of subdivision (

a) of

Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions: (

A) Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within business days. (

B) Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the council’s records, within business days. (

C) Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within business days.

(2) Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within days from the date of the council’s mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.

(3) Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this

section shall be notified of the reinstatement within business days. (g)

(1) Notwithstanding any other law, if the council determines that a certificate holder has committed

an act punishable as a sexually related crime or a felony that is substantially related to the qualifications, functions, or duties of a certificate holder, the council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision.

Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions: (

A) Notify the certificate holder within business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2). (

B) Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within business days.

(2) A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).

(3) If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this

section shall be notified of the reinstatement within business days. (

h) Any notice required under this

section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the council’s records. (

i) An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this

section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within days after the effective date of the denial or discipline. Certification issued pursuant to this

chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances. (j)

(1) An applicant or certificate holder may request an appeal of a final decision by the council to deny a certificate or discipline a certificate holder by submitting a request in writing within days of the date of the final decision. A request to appeal a final decision submitted pursuant to this paragraph shall be considered by a committee of the board of directors, who may convene in closed session for that purpose, within days of the final decision.

(2) If a request to appeal submitted pursuant to paragraph (1) is granted, the appeal of the final decision to deny a certificate or discipline a certificate holder shall be heard at the next board of directors meeting with a date, as posted on the internet website of the council, that is at least days from the date that the request to appeal was granted, unless a timely request for a continuance of the hearing date is granted. The council may, in its discretion, for good cause, continue the date an appeal may be heard, in which case the appeal shall be heard at a later board of directors meeting.

(3) The council shall notify the applicant or certificate holder of their right to request an appeal pursuant to paragraph (1) at the time of the final decision. (

k) This

section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.

SEC.

Section 4826.5 of the Business and Professions Code is amended to read: 4826.5. Notwithstanding any other law, a licensed veterinarian, or a registered veterinary technician or veterinary assistant controlled substance permitholder under the supervision of a licensed veterinarian, may compound drugs for animal use pursuant to

Section of Title of the Code of Federal Regulations and in accordance with regulations promulgated by the board. The regulations promulgated by the board shall, at a minimum, address the storage of drugs, the level and type of supervision required for compounding drugs by a registered veterinary technician or a veterinary assistant controlled substance permitholder, and the equipment necessary for the safe compounding of drugs. Any violation of the regulations adopted by the board pursuant to this

section shall constitute grounds for an enforcement or disciplinary action.

SEC. 9.

Section of the Business and Professions Code is amended to read: 4858. (

a) Except for the first renewal period, all holders of veterinarian licenses and veterinary technician registrations issued under the provisions of this

chapter shall obtain continuing education relevant to developments in the practice of veterinary medicine. (

b) A person applying for renewal of their license or registration in active status shall certify, under penalty of perjury, that they are in compliance with this article, as applicable. (

c) The board may audit the records of all applicants to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a period of four years and shall make these records available to the board upon request for auditing purposes. If the board, during this audit, questions whether any course reported by the applicant satisfies the continuing education requirement, the applicant shall provide information to the board concerning the content of the course, course hours, and the name of its sponsor and cosponsor. (

d) An applicant may apply for an inactive license or to restore an inactive license under the provisions of

Article 9 (commencing with

Section 700) of

Chapter 1. (

e) Notwithstanding

Section 4858.1, the board, in its discretion, may exempt from the continuing education requirement an applicant who for reasons of health, military service, or undue hardship cannot meet those requirements. Applications for waivers shall be submitted on a form provided by the board.

SEC.

Section 6126.7 of the Business and Professions Code is amended to read: 6126.7. (

a) It is a violation of subdivision (

a) of

Section for any person who is not an attorney to literally translate from English into another language, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited. (

b) For purposes of this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated. (c)

(1) In addition to any other remedies and penalties prescribed in this article, a person who violates this

section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by the State Bar.

(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: (

A) The nature and severity of the misconduct. (

B) The number of violations. (

C) The length of time over which the misconduct occurred, and the persistence of the misconduct. (

D) The willfulness of the misconduct. (

E) The defendant’s assets, liabilities, and net worth.

(3) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.

(4) A civil action brought under this

section shall be commenced within four years after the cause of action accrues.

(5) In a civil action brought by the State Bar under this section, the civil penalty collected shall be paid to the State Bar and allocated to the fund established pursuant to

Section to provide free legal services related to immigration reform act services to clients of limited means or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients under

Section 22447, as directed by the Board of Trustees of the State Bar. The board shall annually report any collection and expenditure of funds for the preceding fiscal year, as authorized by this section, to the Assembly and Senate Committees on Judiciary. The report required by this

section may be included in the report described in

Section 6086.15.

SEC. 11.

Section of the Business and Professions Code is amended to read: 16608. (

a) For purposes of this section, the following

definitions apply: (1) “Contract” includes a promise, undertaking, contract, or agreement, whether written or oral, express or implied. (2) “Debt” means money, personal property, or their equivalent that is due or owing or alleged to be due or owing from a natural person to another person, including, but not limited to, for employment-related costs, education-related costs, or a consumer financial product or service, regardless of whether the debt is certain, contingent, or incurred voluntarily. (3) “Debt collector” has the same meaning as defined in subdivision (

c) of

Section 1788.2 of the Civil Code. (4) “Employer” means any person or entity that employs workers. “Employer” includes any parent company, subsidiary, division, affiliate, contractor, hiring party, or third-party agent of an employer. (5) “Freelance worker” has the same meaning as defined in subdivision (

a) of

Section 18101. (6) “Misconduct” has the same meaning as in

Section of the Unemployment Insurance Code. (7) “Penalty, fee, or cost” includes, but is not limited to, a replacement hire fee, retraining fee, replacement fee, quit fee, reimbursement for immigration or visa-related costs, liquidated damages, lost goodwill, and lost profit. (8) “Person” means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization. (9) “Training provider” means an entity, whether or not affiliated with an employer, that provides an educational program, as defined in

Section of the Education Code, a job training program, or a skills training program. (10) “Transferable credential” means a degree that is offered by a third-party institution that is accredited and authorized to operate in the state, is not required for a worker’s current employment, and is transferable and useful for employment beyond the worker’s current employer. (11) “Worker” means a natural person who is permitted to work for or on behalf of an employer or business entity, or who is permitted to participate in any other work relationship, job training program, or skills training program. “Worker” includes, but is not limited to, an employee or prospective employee. (b)

(1) Except as provided in paragraph (2), for contracts entered into on or after January 1, 2026, it shall be unlawful to include in any employment contract, or to require a worker to execute as a condition of employment or a work relationship a contract that includes, a contract term that does any of the following: (

A) Requires the worker to pay an employer, training provider, or debt collector for a debt if the worker’s employment or work relationship with a specific employer terminates. (

B) Authorizes the employer, training provider, or debt collector to resume or initiate collection of or end forbearance on a debt if the worker’s employment or work relationship with a specific employer terminates. (

C) Imposes any penalty, fee, or cost on a worker if the worker’s employment or work relationship with a specific employer terminates.

(2) This

section does not apply to any of the following: (

A) A contract entered into under any loan repayment assistance program or loan forgiveness program provided by a federal, state, or local governmental agency. (

B) A contract related to the repayment of the cost of tuition for a transferable credential that meets all of the following requirements: (

i) The contract is offered separately from any contract for employment. (ii) The contract does not require obtaining the transferable credential as a condition of employment. (iii) The contract specifies the repayment amount before the worker agrees to the contract, and the repayment amount does not exceed the cost to the employer of the transferable credential received by the worker. (iv) The contract provides for a prorated repayment amount during any required employment period that is proportional to the total repayment amount and the length of the required employment period and does not require an accelerated payment

schedule if the worker separates from the employment. (

v) The contract does not require repayment to the employer by the worker if the worker is terminated, except if the worker is terminated for misconduct. (

C) A contract related to enrollment in an apprenticeship program approved by the Division of Apprenticeship Standards. (

D) A contract for the receipt of a discretionary or unearned monetary payment, including a financial bonus, at the outset of employment that is not tied to specific job performance, provided that all of the following conditions are met: (

i) The terms of any repayment obligation are set forth in a separate agreement from the primary employment contract. (ii) The employee is notified that they have the right to consult an attorney regarding the agreement and provided with a reasonable time period of not less than five business days to obtain advice of counsel prior to executing the agreement. (iii) Any repayment obligation for early separation from employment is not subject to interest accrual and is prorated based on the remaining term of any retention period, which shall not exceed two years from the receipt of payment. (iv) The worker has an option to defer receipt of the payment to the end of a fully served retention period without any repayment obligation. (

v) Separation from employment prior to the retention period was at the sole election of the employee, or at the election of the employer for misconduct. (

E) A contract related to the lease, financing, or purchase of residential property, including, but not limited to, a contract pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with

Section 50000) of the Financial Code). (

c) A contract that is unlawful under subdivision (

b) is a contract restraining a person from engaging in a lawful profession, trade, or business, and is void under

Section only if the contract was entered into on or after January 1, 2026. (

d) The rights, remedies, and penalties established by this

section are cumulative and shall not be construed to supersede or limit the rights, remedies, or penalties established under other laws, or to limit the ability of any other person or entity to pursue enforcement of rights, remedies, or penalties established under other laws, including, but not limited to:

(1) Obligations of employers under

Section of the Labor Code.

(2) Article 1.5 (commencing with

Section 2775) of

Chapter of Division of the Labor Code.

(3) The Unfair Competition Law (Chapter 5 (commencing with

Section 17200)).

SEC. 12.

Section of the Business and Professions Code is amended to read: 17810. (

a) A seller that uses a fixed term installment contract entered into or modified on or after August 1, 2026, shall not charge a fee to a consumer who terminates the fixed term installment contract unless, at the time of entering the initial contract, the contract includes a clear and conspicuous written disclosure of either of the following, which shall be viewable by the consumer without reliance upon a tooltip, additional hyperlink, or any other feature that requires additional user interaction:

(1) The total cost of the early termination fee.

(2) The formula used to calculate the early termination fee and the highest possible early termination fee under the contract. (

b) A provider of broadband internet access service on its own, or as part of a bundle, that complies with federal broadband consumer requirements, including the broadband consumer label, codified in C.F.R.

Sec. 8.1(a), and its affiliates and subsidiaries, shall be deemed compliant with this

section for all services sold on their own or as part of that bundle.

SEC.

Section 714.6 of the Civil Code is amended to read: 714.6. (

a) Recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security instrument, reciprocal easement agreement, or other instrument affecting the transfer or sale of any interest in real property that restrict or prohibit the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of a housing development, if an approved restrictive covenant housing modification document has been recorded in the public record as provided for in this section, except as explicitly provided in this section. (b)

(1) The owner of a housing development shall be entitled to establish that an existing restrictive covenant is unenforceable pursuant to subdivision (

a) by submitting a restrictive covenant modification document pursuant to

Section 12956.2 of the Government Code that modifies or removes any existing restrictive covenant language that restricts or prohibits the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families that may reside on the property, to the extent necessary to allow the housing development to proceed under the existing declaration of restrictive covenants. (2) (

A) The owner shall submit to the county recorder a copy of the original restrictive covenant, a copy of any notice the owner believes is required pursuant to paragraph (3) of subdivision (g), and any documents the owner believes necessary to establish that the property qualifies as a housing development under this

section prior to, or simultaneously with, the submission of the request for recordation of the restrictive covenant modification document. (

B) Before recording the restrictive covenant modification document, pursuant to subdivision (

b) of

Section 12956.2 of the Government Code, the county recorder shall, within five business days of receipt, submit the documentation provided to the county recorder by the owner pursuant to subparagraph (

A) and the modification document to the county counsel for review. The county counsel shall determine whether the original restrictive covenant document restricts the property in a manner prohibited by subdivision (a), whether the owner has submitted documents sufficient to establish that the property qualifies as a housing development under this section, whether any notice required under this

section has been provided, whether any exemption provided in subdivision (

g) or (

h) applies, and whether the restriction may no longer be enforced against the owner of the housing development and that the owner may record a modification document pursuant to this section. (

C) Pursuant to

Section 12956.2 of the Government Code, the county counsel shall return the documents and inform the county recorder of the county counsel’s determination within days of submission to the county counsel. If the county counsel is unable to make a determination, the county counsel shall specify the documentation that is needed in order to make the determination.

If the county counsel has authorized the county recorder to record the modification document, that authorization shall be noted on the face of the modification or on a cover sheet affixed thereto, and the county recorder shall notify the owner or submitting party of the county counsel’s determination without delay so that the notice described in subparagraph (

D) may be given. (

D) Upon being notified that the county counsel has authorized the county recorder to record the modification document, the owner may mail, by certified mail to anyone who the owner knows has an interest in the property or in the restrictive covenant, a copy of the modification document, together with a copy of this

section and a written explanation that the modification has been applied for and approved for recordation by the county counsel pursuant to this section. That notice shall be deemed given if the notice is actually received by the intended recipient or if the notice is mailed by certified mail both to an address for notice indicated in the restrictive covenant, if any, and to the intended recipient’s address as shown in the last equalized assessment roll, if that address reasonably can be ascertained from the assessment roll. The owner may also publish notice pursuant to

Section of the Government Code identifying that a modification document pursuant to this

section has been submitted to the county recorder and approved for recordation by the county counsel, and that the modification document is available for public inspection in the office of the county recorder. The notice shall also identify the property by assessor’s parcel number and mailing address. If no mailing address has been assigned for the property, then the property shall be identified instead by its nearest intersection.

If the owner elects to publish notice in this manner, then notice shall be deemed given to anyone whose interest does not appear of record or for whom an address for notice does not appear of record and cannot reasonably be ascertained from the assessment roll. Notice as described in this subparagraph is optional, and failure to provide it shall not, in any manner, invalidate a restrictive covenant modification document recorded pursuant to this section. (

E) The county recorder shall not record the modification document if the county counsel finds that the original restrictive covenant document does not contain a restriction prohibited by this

section or if the county counsel finds that the property does not qualify as a housing development. If the owner of the property is not yet its record title owner, but is instead a beneficial owner with a right pursuant to a purchase and sale or similar agreement to purchase the property, then the owner shall not record the modification document until the owner closes escrow on the property and becomes its record title owner. (

F) A modification document shall be indexed in the same manner as the original restrictive covenant document being modified. It shall contain a recording reference to the original restrictive covenant document, in the form of a book and page or instrument number, and date of the recording. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original restrictive covenant document, subject to any intervening amendments or modifications, except to the extent modified by the recorded modification document.

(3) If the holder of an ownership interest of record in property causes to be recorded a modification document pursuant to this

section that modifies or removes a restrictive covenant that is not authorized by this section, the county shall not incur liability for recording the document. The liability that may result from the unauthorized recordation shall be the sole responsibility of the holder of the ownership interest of record who caused the unauthorized recordation.

(4) A restrictive covenant that was originally invalidated by this

section shall become and remain enforceable while the property subject to the restrictive covenant modification is utilized in any manner that violates the terms of the restrictions required by this section.

(5) If the property is utilized in any manner that violates the terms of the restrictions required by this section, the city or county may, after notice and an opportunity to be heard, record a notice of that violation. If the owner complies with the applicable restrictions, the owner may apply to the agency of the city or county that recorded the notice of violation for a release of the notice of violation, and, if approved by the city or county, a release of the notice of violation may be recorded.

(6) The county recorder may charge a standard recording fee to an owner who submits a modification document for recordation pursuant to this section. (c)

(1) Subject to paragraph (2), this

section shall only apply to restrictive covenants that restrict or prohibit the residential uses of the property, the number, size, or location of the residences that may be built on a property, or that restrict the number of persons or families who may reside on a property. This

section does not apply to any other covenant, including, but not limited to, covenants that: (

A) Relate to purely aesthetic objective design standards, as long as the objective design standards are not applied in a manner that renders the housing development infeasible. (

B) Provide for fees or assessments for the maintenance of common areas. (

C) Provide for limits on the amount of rent that may be charged to tenants. (2) Paragraph (1) shall not apply to restrictive covenants, fees, and assessments that have not been consistently enforced or assessed prior to the construction of the housing development. (d)

(1) Any suit filed by a party that is deemed to have been given notice as described in subparagraph (

D) of paragraph (2) of subdivision (b), which challenges the validity of a restrictive covenant modification document pursuant to this section, shall be filed within days of that notice.

(2) In any suit filed to enforce the rights provided in this

section or defend against a suit filed against them, a prevailing owner of a housing development, and any successors or assigns, or a holder of a conservation easement, shall be entitled to recover, as part of any judgment, litigation costs and reasonable attorney’s fees, provided that any judgment entered shall be limited to those costs incurred after the modification document was recorded as provided by subdivision (b).

(3) This subdivision shall not prevent the court from awarding any prevailing party litigation costs and reasonable attorney’s fees otherwise authorized by applicable law, including, but not limited to, subdivision (

d) of

Section 815.7. (

e) This

section shall not be interpreted to modify, weaken, or invalidate existing laws protecting affordable and fair housing and prohibiting unlawful discrimination in the provision of housing, including, but not limited to, prohibitions on discrimination in, or resulting from, the enforcement of restrictive covenants. (f)

(1) Provided that the restrictions are otherwise compliant with all applicable laws, this

section does not invalidate local building codes or other rules regulating either of the following: (

A) The number of persons who may reside in a dwelling. (

B) The size of a dwelling.

(2) This

section shall not be interpreted to authorize any development that is not otherwise consistent with state housing laws or the local general plan, zoning ordinances, and any applicable specific plan that apply to the housing development, including any requirements regarding the number of residential units, the size of residential units, and any other zoning restriction relevant to the housing development.

(3) This

section does not prevent a housing development from receiving any bonus or incentive pursuant to any statute listed in

Section 65582.1 of the Government Code or any related local ordinance. (g)

(1) Subject to paragraph (2), this

section does not apply to: (

A) Any conservation easement, as defined in

Section 815.1, that is recorded as required by

Section 815.5, and held by any of the entities or organizations set forth in

Section 815.3. (

B) Any interest in land comparable to a conservation easement that is held by any political subdivision and recorded in the office of the county recorder of the county where the land is situated.

(2) The exclusion from this

section of conservation easements held by tax-exempt nonprofit organizations, as provided in subparagraph (

A) of paragraph (1), applies only if the conservation easement satisfies one or more of the following: (

A) It was recorded in the office of the county recorder where the property is located before January 1, 2022. (

B) It is, as of the date of recordation of the conservation easement, held by a land trust or other entity that is accredited by the Land Trust Accreditation Commission, or any successor organization, or is a member of the California Council of Land Trusts, or any successor organization, and notice of that ownership is provided in the text of the recorded conservation easement document, or if that notice is not provided in the text of the recorded conservation easement document, the land trust or other entity provides documentation of that accreditation or membership within days of receipt of either of the following: (

i) A written request for that documentation. (ii) Any written notice of the intended modification of the conservation easement provided pursuant to paragraph (3). (

C) It was funded in whole or in part by a local, state, federal, or tribal government or was required by a local, state, federal, or tribal government as mitigation for, or as a condition of approval of, a project, and notice of that funding or mitigation requirement is provided in the text of the recorded conservation easement document. (

D) It is held by a land trust or other entity whose purpose is to conserve or protect indigenous cultural resources, and that purpose of the land trust or other entity is provided in the text of the recorded conservation easement document. (

E) It, as of the date of recordation of the conservation easement, burdens property that is located entirely outside the boundaries of any urbanized area or urban cluster, as designated by the United States Census Bureau. (3) (

A) At least days before submission of a modification document modifying a conservation easement to a county recorder pursuant to subdivision (b), the owner of a housing development shall provide written notice of the intended modification of any conservation easement to the parties to that conservation easement and any third-party beneficiaries or other entities that are entitled to receive notice of changes to or termination of the conservation easement with the notice being sent to the notice address of those parties as specified in the recorded conservation easement.

The notice shall include a return mailing address of the owner of the housing development, the approximate number, size, and location of intended structures to be built on the property for the purposes of housing, and a copy of the intended modification document, and shall specify that it is being provided pursuant to this section. (

B) The county recorder shall not record any restrictive covenant modification document unless the county recorder has received confirmation from the county counsel that any notice required pursuant to subparagraph (

A) was provided in accordance with subparagraph (A). (

h) This

section shall not apply to any settlement, conservation agreement, or conservation easement, notice of which has been recorded, for which either of the following apply:

(1) It was entered into before January 1, 2022, and limits the density of or precludes development in order to mitigate for the environmental impacts of a proposed project or to resolve a dispute about the level of permitted development on the property.

(2) It was entered into after January 1, 2022, and limits the density of or precludes development where the settlement is approved by a court of competent jurisdiction and the court finds that the density limitation is for the express purpose of protecting the natural resource or open-space value of the property. (

i) The provisions of this

section shall not apply to any recorded deed restriction, public access easement, or other similar covenant that was required by a state agency for the purpose of compliance with a state or federal law, provided that the recorded deed restriction, public access easement, or similar covenant contains notice within the recorded document, inclusive of its recorded exhibits, that it was recorded to satisfy a state agency requirement. (

j) For purposes of this section: (1) (A) “Housing development” means a development located on the property that is the subject of the recorded restrictive covenant and that meets one of the following requirements: (

i) The property is subject to a recorded affordability restriction requiring percent of the units, exclusive of a manager’s unit or units, be made available at affordable rent to, and be occupied by, lower income households for years for rental housing, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds years for rental housing units. (ii) The property is owned or controlled by an entity or individual that has submitted a permit application to the relevant jurisdiction to develop a project that complies with clause (i). (iii) The property is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property, and the development project includes residential uses permitted by state housing laws or local land use and zoning regulations. (

B) For purposes of subparagraph (A): (i) “Controlled” includes, without limitation, the right to acquire the property under an option agreement, purchase and sale agreement, or similar agreement. (ii) “Permit application” includes, without limitation, a building permit application, an application pursuant to

Chapter 4.5 (commencing with

Section 65920) of Division of Title of the Government Code, including a preliminary application pursuant to

Section 65941.1 of the Government Code, an application for a zoning or general plan amendment, an application for a specific plan or amendment to a specific plan, a notice of intent or an application for development pursuant to

Section 65913.4 of the Government Code, or an application for development pursuant to

Section 65912.110 of the Government Code. (2) “Affordable rent” shall have the same meaning as defined in

Section of the Health and Safety Code. (3) “Lower income households” shall have the same meaning as defined in

Section 50079.5 of the Health and Safety Code. (4) “Modification document” means a restrictive covenant modification document described in paragraph (1) of subdivision (b). (5) “Owner” means any record title owner of the property, any beneficial owner of the property, or an entity or individual controlling the property for purposes of paragraph (1). (6) “Restrictive covenant” means any recorded covenant, condition, restriction, or limit on the use of private or publicly owned land contained in any deed, contract, security instrument, reciprocal easement agreement, or other instrument affecting the transfer or sale of any interest that restricts or prohibits the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families who may reside on the property, as described in subdivision (a). “Restrictive covenant” does not include an easement set forth in a reciprocal easement agreement or other recorded instrument.

SEC.

Section 798.14 of the Civil Code is amended to read: 798.14. (

a) For the purposes of this section, “affirmative, written consent” means express written consent obtained separately from, and not contained in, any lease or rental agreement and that is not a condition of the tenancy. (

b) Unless otherwise provided, all notices required by this

chapter shall be either delivered personally to the homeowner and resident, or deposited in the United States mail, postage prepaid, addressed to the homeowner and resident at their site within the mobilehome park. (

c) All notices required by subdivisions (

c) and (

i) of

Section 798.15 and by

Section 798.43.1 to be delivered prior to February of each year may be combined in one notice that contains all the information required by the sections under which the notices are given, and may be delivered to the homeowner and resident by electronic mail if the homeowner or resident has provided affirmative, written consent that clearly and conspicuously states that the homeowner or resident agrees to receive notices by electronic mail and includes the address to which the notices may be sent. (

d) A homeowner’s or resident’s affirmative, written consent to receive notices by electronic mail pursuant to subdivision (

c) may be revoked by the homeowner or resident at any time, without any fee, charge, or penalty, and without any impact on the terms of the homeowner or resident’s tenancy. A homeowner’s or resident’s revocation shall be honored so long as it is in writing and indicates the intention of the homeowner or resident to no longer receive notices by electronic mail. (e)

(1) Management who obtains the affirmative, written consent of a homeowner or resident to receive notices by electronic mail pursuant to subdivision (

c) shall, within five days, deliver personally or by mail to each homeowner or resident who gives consent the following notice, in English and any language set forth in subdivision (

b) of

Section used as the primary language during the negotiation of the rental agreement, in a clear and conspicuous manner, in at least 10-point Arial equivalent type: “You have agreed to receive only electronic copies of notices that your mobilehome park management is required to send you by law. This means that you may not receive important notices on your door or in the mail. You may revoke this agreement, without any penalty or obligation, at any time. To revoke this agreement, send a written notice to your management that states that you no longer agree to receive electronic notices.”

(2) The notice described in paragraph (1) shall include the name and address of the entity to whom the homeowner or resident may deliver revocation of affirmative, written consent.

SEC.

Section 798.74.4 of the Civil Code is amended to read: 798.74.4. (

a) The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth in

Article 1.5 (commencing with

Section 1102) of

Chapter of

Part 4. The requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure Statement set forth in

Section 1102.6d. (

b) In the case of a sale or transfer of a mobilehome that will remain in the park, upon written request, a homeowner shall provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement required by subdivision (

a) to management.

SEC.

Section 1714.27 of the Civil Code is amended to read: 1714.27. (

a) Notwithstanding any other law, and except as provided in subdivision (b), a person not otherwise licensed to administer anti-seizure rescue medication, but who administers anti-seizure rescue medication at the scene of an emergency, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration so long as the person’s conduct is not grossly negligent and does not constitute willful or wanton misconduct. (

b) Subdivision (

a) shall not apply to administration of anti-seizure rescue medication to a pupil on a schoolsite which shall, instead, comply with

Article 4.6 (commencing with

Section 49468) of

Chapter of Part of Division of Title of the Education Code.

SEC.

Section 3273.29 of the Civil Code is amended to read: 3273.29. (

a) It is the intent of the Legislature that a mortgage servicer offer a borrower forbearance that is consistent with the mortgage servicer’s contractual or other authority. This title does not require a mortgage servicer to take any action that would require the mortgage servicer to breach the terms of an existing contract with the investor that owns or insures the residential mortgage loan. (

b) It is the intent of the Legislature that this title not apply to servicing guidelines that are unrelated to disaster-related forbearance relief.

SEC. 18.

Section of the Civil Code is amended to read: 4752. (

a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document shall be void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster. (

b) A court shall award reasonable attorney’s fees to the owner of a separate interest in a common interest development who prevails in an action to enforce this section. (

c) For purposes of this section, the following

definitions apply: (1) “Disaster” means any of the following: (

A) A state of disaster or emergency declared by the federal government. (

B) A state of emergency proclaimed by the Governor pursuant to

Section of the Government Code. (

C) A local emergency proclaimed by a local governing body or official pursuant to

Section of the Government Code. (2) “Objective design standard” means a standard that involves no personal or subjective judgment and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the association before submittal. (3) “Substantially similar reconstruction of a residential structure” means a proposal that rebuilds a residential structure on a separate interest located in a common interest development that complies with all of the following: (A) (

i) The local building code. (ii) For purposes of this subparagraph, a proposal shall be considered to be in compliance with the local building code if the building permit is deemed approved by the local agency with appropriate jurisdiction. (

B) The interior livable square footage of the rebuilt residential structure will not exceed percent of the square footage that existed when the structure was damaged or destroyed. (

C) The exterior footprint of the rebuilt residential structure will meet either of the following: (

i) The rebuilt residential structure will be constructed in the same location and to the same exterior dimensions as the structure that was damaged or destroyed. (ii) The setbacks for the rebuilt residential structure will be at least four feet from the side and rear lot lines. (

D) The height of the rebuilt residential structure will not exceed percent of the height that existed when the residential structure was damaged or destroyed, or percent of the height allowed by the governing documents of the association in effect at the time the proposal was submitted, whichever is greater. (

E) Any objective design standard in effect at the time the original residential structure was destroyed or damaged in a disaster, provided that the standard does not unreasonably increase the cost to construct or effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure.

SEC. 19.

Section of the Civil Code is amended to read: 8811. (

a) This

section is applicable to a contract relating to a private work of improvement entered into on or after January 1, 2026. (b) (1) (

A) A retention payment withheld from a payment by an owner from the direct contractor, by the direct contractor from any subcontractor, and by a subcontractor from any subcontractor thereunder, for a private work of improvement, shall not exceed percent of the payment. (

B) In no event shall the total retention proceeds withheld exceed percent of the contract price. (

C) In a contract between the direct contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention payment withheld shall not exceed the percentage specified in the contract between the owner and the direct contractor. (2) Paragraph (1) does not apply to a direct contractor or subcontractor if the direct contractor or subcontractor provides written notice to a subcontractor before, or at, the time that the bid is requested that a faithful performance and payment bond shall be required, and a subcontractor subsequently fails to furnish to the direct contractor or subcontractor a performance and payment bond issued by an admitted surety insurer. (3) Paragraph (1) does not apply to an owner, direct contractor, or subcontractor on a residential project if the project is not mixed use and does not exceed four stories. (

c) In any action to enforce the provisions of this section, a court shall award reasonable attorney’s fees to the prevailing party.

SEC.

Section 697.680 of the Code of Civil Procedure is amended to read: 697.680. (

a) A judgment creditor may apply to the court for an order reinstating a released lien on personal property and its priority at the time of cancellation. Subject to subdivisions (

b) and (c), the court shall order the reinstatement of a lien with the same priority that it held at the time of cancellation. Upon entry of the order the clerk shall do the following:

(1) Note in the court’s records that the judgment is no longer satisfied to the extent of the returned funds or property.

(2) Issue to the judgment creditor a certificate and notice of reinstatement of judgment lien. The certificate of reinstatement of judgment lien shall identify the judgment and parties, the unsatisfied judgment amount, and the filing number and date of the original notice of judgment lien filed with the Secretary of State. (b)

(1) The application for reinstatement of a lien under subdivision (

a) shall be filed with a declaration by the judgment creditor that includes and certifies all of the following: (

A) The title of the court, the case name and number, and the date and amount of the original judgment and any renewals thereof. (

B) A statement that the judgment creditor released a lien or liens in the reasonable belief that the money judgment was satisfied. This statement shall include: (

i) Information sufficient to identify the liens that were released, including the county or counties in which an abstract of judgment was recorded, the recording dates and numbers of those recordings and, if applicable, the filing date and number of any notice of judgment lien on personal property that was filed with the Secretary of State. (ii) The details of any acknowledgment of full or partial satisfaction of judgment that was filed or entered as a result of the prior application of funds, including the date, county, and recording number of any acknowledgment of full or partial satisfaction of judgment recorded by the judgment creditor. (

C) A statement that after a lien was released, the judgment creditor was ordered pursuant to paragraph (2) or (3) of subdivision (

d) of

Section 703.580 to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. A copy of the order shall be attached as an exhibit to the declaration. (

D) A statement that the judgment creditor returned, and the judgment debtor received, all property and wages ordered returned. (

E) A statement that but for the court’s order pursuant to paragraph (2) or (3) of subdivision (

d) of

Section 703.580, the money judgment would have been fully satisfied or that the property returned to the judgment creditor was identified in a recorded acknowledgment of full or partial satisfaction of judgment. (

F) A statement that the judgment creditor is not appealing the order to return funds pursuant to subdivision (

d) of

Section 703.580.

(2) Knowingly providing false information shall be subject to a civil penalty in an amount up to one thousand five hundred dollars ($1,500). (c)

(1) The judgment creditor shall serve upon the judgment debtor by first-class mail to the address verified pursuant to paragraph (2) of subdivision (

b) of

Section 684.130 a copy of the application for an order reinstating a released lien.

(2) The judgment debtor may, within days of service of the application, file a declaration stating that the funds or property identified by the judgment debtor pursuant to subparagraph (

D) of paragraph (1) of subdivision (

b) have not been returned.

(3) If a declaration under paragraph (2) is filed, the court shall deny the application and the judgment creditor shall file a noticed motion to be heard by the court in order to reinstate a lien and its priority.

(4) If no objection is filed, the clerk’s reinstatement of the lien and its priority shall be automatically effective. (

d) An application under this

section shall be filed in the action in which the judgment creditor was ordered, pursuant to paragraph (2) or (3) of subdivision (

d) of

Section 703.580, to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. (

e) Attorney’s fees are not recoverable under this section. (

f) The judgment creditor may record the certificate in the same manner as an abstract of judgment, and that recordation shall have the effect of restoring the lien’s priority as if the prior release or satisfaction had not occurred.

SEC.

Section 1094.9 of the Code of Civil Procedure is amended to read: 1094.9. (

a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d). (

b) For purposes of this section, the following

definitions apply: (1) “Applicant” means a party that has submitted an application or requested a permit for a housing development project. (2) “Department” means the Department of Housing and Community Development. (3) “Disapproves the housing development project” has the same meaning as described in paragraph (6) of subdivision (

h) of

Section 65589.5 of the Government Code. (4) “Housing development project” has the meaning set forth in paragraph (2) of subdivision (

h) of

Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit. (5) “Local agency” means a city, county, city and county, district, or other local authority. (

c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial. (

d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.

(1) An applicant, the Attorney General, or the department may bring any action under this section. The action shall be in the form of a petition for writ of mandate pursuant to

Section or 1094.5, or both, as appropriate.

(2) Upon request of the applicant, or notice from the department or the Attorney General, the local agency shall prepare the record of its proceedings concurrently with the local agency’s proceedings. (

A) This record of proceedings shall include, at a minimum, the local agency’s decision, filings, notices, orders, transcripts of the local agency’s administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit. (

B) The parties shall meet and confer to certify the record of proceedings no later than days after a petition for writ of mandate is served. Any disputed items shall be subject to a separate motion to be specially noticed on or before the date of the hearing on the writ petition, and in accordance with any local court rules. (

C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.

(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed: (

A) By the petitioner with the petition or petitioner’s points and authorities. (

B) By the respondent with respondent’s points and authorities. (

C) After payment of costs by the petitioner, or: (

D) As otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.

(4) A petitioner who elects to bring an action pursuant to this

section shall file and serve the petition on the respondent no later than days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type: “ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN

SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE.”

(5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than calendar days before the hearing date.

(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than calendar days after the matter is submitted or calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier. (

e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge may request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to California Rules of Court Rule 2.812 and

Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority.

SEC.

Section 234.7 of the Education Code is amended to read: 234.7. (

a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:

(1) Collect information or documents regarding citizenship or immigration status of pupils or their family members.

(2) Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite for any purpose without being presented with a valid judicial warrant or judicial subpoena, or a court order. Any school official or employee of a local educational agency shall, to the extent practicable, request a valid identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a schoolsite.

This subdivision shall not be construed to limit a local educational agency’s or school official’s right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction. (

b) A local educational agency and its personnel, to the extent practicable, shall not disclose or provide in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupil’s family and household without the pupil’s parents’ or guardians’ written consent, a school employee, or a teacher, including, but not limited to, personal information as defined in subdivision (

a) of

Section 1798.3 of the Civil Code, information about a pupil’s home, and information about a pupil’s travel schedule, to an officer or employee of an agency conducting immigration enforcement absent a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so. Any disclosure of a pupil’s education records pursuant to a valid judicial warrant or judicial subpoena, or court order shall be in accordance with the parent notification requirements set forth in

Section 99.31(a)(9)(ii) of Title of the Code of Federal Regulations. (

c) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. (

d) If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact a child protective services agency to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. (

e) The governing board or body of a local educational agency shall do all of the following: (1) (

A) Provide information to parents and guardians, as appropriate, regarding their child’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to both of the following: (

i) The Immigration-Enforcement Actions at California Schools Guide for Students and Families, also known as “Know Your Educational Rights,” developed by the Attorney General. (ii) “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in

Section of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. (

B) The information may be provided in the annual notification to parents and guardians pursuant to

Section or any other cost-effective means determined by the local educational agency. (

C) The guide specified in clause (

i) of subparagraph (

A) shall be posted in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites. The guide shall be posted in every language that the Attorney General provides and shall be updated the school year following any updates published by the Attorney General.

(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs. (

f) This

section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections. (g)

(1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies: (

A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement. (

B) Procedures for local educational agency employees to notify the superintendent of the school district or the superintendent’s designee, the superintendent of the county office of education or the superintendent’s designee, or the principal of the charter school or the principal’s designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement. (

C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.

(2) The Attorney General shall, no later than December 1, 2025, update the model policies described in paragraph (1) to ensure that these policies align with the prohibition applicable to school officials and employees of local educational agencies as described in paragraph (2) of subdivision (a), and the requirements for local educational agencies, as described in this section.

(3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the Department of Justice may implement, interpret, or make specific this

section without taking any regulatory action. (

h) All local educational agencies shall do all of the following:

(1) Adopt the model policies developed pursuant to paragraph (1) of subdivision (g), or equivalent policies, by July 1, 2018.

(2) Revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in

Section of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.

(3) Update their model policies to align with this section, including paragraph (2) of subdivision (g), by March 1, 2026. (

i) This

section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections and of Title of the United States Code. (

j) A local educational agency shall maintain its policy adopted pursuant to subdivision (

h) and make the policy available to the department upon request. (

k) Local educational agencies may be subject to monitoring and auditing by the department to ensure compliance with the requirements of subdivisions (

h) and (j). (

l) For purposes of this section, the following

definitions apply: (1) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Schoolsite” means an individual school campus of a school district, county office of education, or charter school, an area where a local educational agency’s school-sponsored activity is currently being held, or a schoolbus or other transportation provided by a local educational agency.

SEC. 23.

Section of the Education Code is amended to read: 35221. (

a) Each local educational agency official shall receive training in K–12 public education school finance laws pursuant to this article. (

b) An entity offering training courses to meet the requirements of this

article shall use the curriculum developed pursuant to

Section 35220.5. (c)

(1) In order to meet the requirement of subdivision (a), a local educational agency or a consortium of local educational agencies shall only use the following methods: (

A) Offer training courses using local educational agency employees or contracted legal counsel with demonstrable experience in the applicable topic described in subdivision (

b) of

Section for which it will provide training. (B) (

i) Arrange for its local educational agency officials to receive training courses through an entity that meets all of the following requirements: (

I) One of the entity’s primary functions is supporting local educational agencies with technical assistance and expertise in the applicable topic described in subdivision (

b) of

Section for which it will provide training. (II) The entity has demonstrable experience supporting local educational agencies with technical assistance and expertise. (III) The entity has trainers that each possess demonstrable experience in the applicable topic described in subdivision (

b) of

Section for which it will provide training. (ii) (

I) Local educational agency officials of school districts and county offices of education shall only receive training from an entity described in clause (

i) with demonstrable experience supporting school districts and county offices of education with technical assistance and expertise, or as provided by subparagraph (A), (C), or (D). (II) Local educational agency officials of charter schools or an entity managing charter schools shall only receive training from an entity with demonstrable experience supporting charter schools with technical assistance and expertise, or as provided by subparagraph (A), (C), or (D). (

C) Arrange for its local educational agency officials to receive training courses through the County Office Fiscal Crisis and Management Assistance Team established pursuant to

Section 42127.8. The County Office Fiscal Crisis and Management Assistance Team may charge a fee to local educational agencies for providing the training. (

D) Arrange for its local educational agency officials to receive training courses through a nonprofit statewide education association led by officials who govern school districts and county offices of education. (

E) Offer their own, or arrange through a different entity that meets the requirements of subparagraph (B), (C), or (D), sets of self-study materials with tests.

(2) Courses offered or arranged pursuant to subparagraph (A), (B), (C), or (

D) of paragraph (1), as applicable, may be taken at home, in person, or online. (

d) A local educational agency official that has successfully completed the California School Boards Association’s Masters in Governance program and provides their local educational agency with proof of their participation and completion of the program, to comply with

Section 35222, shall be exempt from the requirement of subdivision (a). (

e) A training course covering the topics described in subdivision (

b) of

Section shall be no longer than four hours. (

f) A provider of a training course that meets the requirements of this

article shall provide participants with proof of participation to comply with

Section 35222. (

g) A local educational agency shall provide information to its officials at least annually on training available to meet the requirements of this article.

SEC. 24.

Section of the Education Code is amended to read: 38134. (a)

(1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: (

A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. (

B) A parent-teacher association. (

C) A school-community advisory council. (

D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month.

(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. (

b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. (

c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (

b) of

Section 38131. (

d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (

b) of

Section shall charge the church or religious organization an amount at least equal to the school district’s direct costs. (

e) In the case of entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. (

f) If the use of school facilities or grounds under this

section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied. (

g) As used in this section: (1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following: (

A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this

section to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section. (

B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this

section as follows: (

i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to: (

I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or childcare programs. (II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours. (iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section. (2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. (h)

(1) A school district authorizing the use of school facilities or grounds under subdivision (

a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this

section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this

section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.

(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with

Section 810) of Title of the Government Code for an injury caused by a dangerous condition of public property.

SEC.

Section 44043.5 of the Education Code is amended to read: 44043.5. (

a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee or a member of the employee’s family suffers from a catastrophic illness or injury. (

b) For the purposes of this section, the following

definitions apply: (1) “Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family that requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because they have exhausted all of their sick leave and other paid time off. (2) “Eligible leave credits” means vacation leave and sick leave accrued to the donating employee. (

c) Eligible leave credits may be donated to an employee for purposes of subdivision (

a) if all of the following requirements are met:

(1) The employee, who is, or whose family member is, suffering from a catastrophic illness or injury, requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board or body of the school district, county office of education, or charter school in which the employee is employed.

(2) The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the employee’s or their family member’s catastrophic illness or injury.

(3) The employee has exhausted all accrued paid leave credits. (

d) If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments th