CDRC Legislative Status Report
October 2007
CDRC Legislative Status Report CDRC Status: Current Location: Summary: Existing law establishes procedures related to proceedings for dissolution of marriage, nullity of marriage, and legal separation, as specified. Existing law, the Collaborative Family Law Act, provides that if a written agreement is entered into by the parties, the parties may utilize a collaborative law process, as defined, to resolve family law matters, as specified. This bill would prohibit an attorney hired to represent one or more parties in a collaborative law process from serving as litigation counsel, except to ask the court to approve a settlement agreement. The bill would require a party to seek new counsel or represent himself or herself in order to proceed in litigation if the process terminates without a settlement. The bill would deem any statement, communication, or work product made for the purpose of, in the course of, or pursuant to, a collaborative family law case, confidential and inadmissible in any noncriminal proceeding, except by written agreement to the contrary by the parties, and, as specified. The bill would also specify when a collaborative law process terminates. The bill would require a court to refrain from requiring court appearances inconsistent with the parties' agreement to participate in a collaborative law process, unless it finds good cause for doing so. This bill contains other related provisions. History: Organization Position Notes: SPONSOR: AUTHOR (Saldana) Common Interest Development Bureau. (A-04/10/2007 html pdf) Status: Current Location: Summary: Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which include condominiums and planned developments. The act requires that a common interest development be managed by an association, and establishes requirements for association operating rules and meetings and for the resolution of specified disputes. This bill would, until History: Organization Position Notes: SPONSOR: LAW REVISION COMMISSION Status: Current Location: Summary: Existing law prohibits a manufacturer, manufacturer branch, distributor, or distributor branch that is licensed under the Vehicle Code from engaging in certain conduct involving a dealer having a franchise for the sale of new vehicles or vehicle parts. A violation of the Vehicle Code is a crime. This bill would provide that no reimbursement is required by this act for a specified reason. This bill contains other existing laws. History: Organization Position Notes: SPONSOR: Status: Current Location: Summary: Existing law requires the Administrative Office of the Courts to make monthly distributions from superior court filing fees to the law library fund in each county in specified amounts. This bill would increase the amount of these monthly distributions for the Counties of Inyo, Mendocino, Plumas, and History: Organization Position Notes: SPONSOR: Status: Current Location: Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires, subject to specified exceptions, that a health care service plan be licensed by the Department of Managed Health Care and provide basic health care services, as defined, unless exempted from that requirement by the director. Existing law also requires, subject to specified exceptions, that an insurer obtain a certificate of authority from the Insurance Commissioner in order to transact business in this state and that the insurer operate in accordance with specified requirements. This bill would allow a carrier domiciled in another state to offer, sell, or renew in this state an essential health benefit plan meeting certain unspecified requirements, without holding a license issued by the department or a certificate of authority issued by the commissioner, and would exempt the essential health benefit plan from requirements otherwise applicable to plans and insurance policies providing health care coverage in this state. The bill would require that the carrier maintain a dispute resolution process and be lawfully authorized to issue an essential health benefit plan and to transact business in its domiciliary state. History: Organization Position Notes: SPONSOR: AUTHOR (Lieber) Special education: procedural safeguards. (A-05/02/2007 html pdf) Status: Current Location: Summary: Existing law requires school districts, county offices of education, and special education local plan areas to comply with state laws that conform to the federal Individuals with Disabilities Education Act , in order that the state may qualify for federal funds available for the education of individuals with exceptional needs, as defined. Statutory provisions establish a right of individuals with exceptional needs to receive free appropriate public education and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. Statutory provisions define the term "specific learning disability" and provides the manner of assessing a pupil for that disability. This bill would require a pupil who responds well to intensive instruction during response-to-intervention processes to continue to receive services designed to enable the pupil to achieve grade level proficiency as well as regular performance monitoring whether or not the pupil is found eligible for special education services. On or before History: Organization Position Notes: SPONOSR: (Lieu) Evaluation of judicial candidates: disclosure. (A-09/07/2007 html pdf) Status: 09/10/2007-Re-referred to Com. on RLS. (Page 2483.) Current Location: Summary: Existing law requires the Governor to submit the names of all potential appointees or nominees for a judicial office to a designated agency of the State Bar of California for evaluation of their qualifications. This bill would state the intent of the Legislature that the ratings of persons appointed or nominated to a judicial office given by the State Bar shall be appropriately disclosed in order to promote public trust and confidence in the judicial branch. History: Organization Position Notes: SPONSOR: NO SPONSOR (Committee on Judiciary) Evidence: court interpreters. (I-03/06/2007 html pdf) Status: Current Location: Summary: Existing law requires that in any action or proceeding pursuant to specified provisions of law, an interpreter be provided by the court for a party who is incapable of understanding or speaking the English language to interpret the proceedings in a language that the party understands and to assist communication between the party and his or her attorney. This bill, operative on July 1, 2008, would revise the above provision to specify that in any civil action or proceeding, including, but not limited to, any family court proceeding, any small claims court proceeding, any proceeding to determine the mental competency of a person, or any court-ordered or court-provided alternative dispute resolution, including mediation and arbitration, with specified exceptions, in which a party does not proficiently speak or understand the English language, an interpreter is required to be present to interpret the proceedings, as specified. The bill would also require a court to provide the interpreter, unless a party has notified the court that he or she has made arrangements for a private interpreter. This bill contains other related provisions and other existing laws. History: Organization Position Notes: SPONSOR: NO SPONSOR (Harman) Confidential communications. (I-01/22/2007 html pdf) Status: Current Location: Summary: Existing law provides that a client has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and his or her lawyer, under certain circumstances. Existing law defines a confidential communication for purposes of this and other related provisions. This bill would make a technical, nonsubstantive change to that definition. History: Organization Position Notes: SPONOSR: CAUCUS BILL. PLACE CARD HOLDER Status: Current Location: Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would require the Department of Managed Health Care and the Department of Insurance, on or before History: Organization Position Notes: SPONSOR: AUTHOR (Ridley-Thomas) Civil court filing fees. (V-10/14/2007 html pdf) Status: Current Location: Summary: Existing law imposes various fees for filing specified documents in connection with civil court litigation. This bill would require the Judicial Council to establish an advisory commission on civil court fees with a broad-based membership, appointed as specified, to review issues relating to civil court fees and make recommendations to the Legislature as appropriate. The bill would require the Judicial Council to report to the Legislature on February 1 of each odd-numbered year on issues related to civil court fees, including the effectiveness of the fee structure, the performance of the revenues, and the funding needs of the entities that rely on filing fee revenues. This bill contains other related provisions and other existing laws. History: Organization Position Notes: SPONSOR: JUDICIAL COUNSEL AND DISPUTE RESOLUTION COUNCIL (Corbett) Family law: child support. (C-10/10/2007 html pdf) Status: Current Location: Summary: Before entry of a child support order, existing law allows a child support obligor to file an application with the court to reduce or eliminate the related child support security deposit, if specified conditions are met. This bill would also require the child support obligor, after the filing of that application, to serve the application and supporting financial and other information upon the child support obligee and any other party to the proceeding. This bill contains other related provisions and other existing laws. History: Organization Position Notes: SPONSOR: SENATE JUDICIARY (Perata) Health care coverage: noncontracting hospital-based physician claims. (A-09/07/2007 html pdf) Status: 09/10/2007-Re-referred to Coms. on HEALTH and APPR. pursuant to Assembly Rule 77.2. Current Location: Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the payment of provider claims and the resolution of claim disputes, as specified. Existing law establishes an independent medical review system in which requests for review of certain claim disputes are conducted by an independent medical review organization. This bill would enact various provisions applicable to certain noncontracting physicians and health care practitioners providing emergency services at a hospital (noncontracting hospital-based physicians), as specified. The bill would require that payment for each coded and charged covered service rendered by that noncontracting hospital-based physician be made at the lesser of the physician's full charge or the interim payment standard. The bill would authorize the physician to file a complaint with the department if a health care service plan or its contracting risk-bearing organization fails to make that payment and would require the department to investigate the complaint, make a determination within a specified time period, and, if the complaint is substantiated, take appropriate enforcement action and require the plan or its risk-bearing organization to make specified payments. The bill would enact other related provisions. This bill contains other related provisions and other existing laws. History: Organization Position Notes: SPONSOR: AUTHOR Total Position Forms: 13
Apr. 10 In committee: Hearing postponed by committee.
Feb. 9 Referred to Com. on JUD.
Jan. 26 From printer. May be heard in committee February 25.
Jan. 25 Read first time. To print.
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CDRC attended meetings to negotiate amendments on this measure. Other interest groups strongly oppose.
Apr. 23 In committee: Set, first hearing. Hearing canceled at the request of author.
Apr. 11 Re-referred to Com. on H. & C.D.
Apr. 10 From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Apr. 9 Referred to Com. on H. & C.D.
Feb. 22 From printer. May be heard in committee March 24.
Feb. 21 Read first time. To print.
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Oct. 10 Approved by the Governor.
Oct. 10 Chaptered by Secretary of State - Chapter 406, Statutes of 2007.
Sept. 17 Enrolled and to the Governor at
Sept. 5 Assembly Rule 77 suspended. (Page 2925.) Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 2936.)
Sept. 4 Read third time, passed, and to Assembly. (Ayes 36. Noes 2. Page 2274.)
Sept. 4 In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 6 pursuant to Assembly Rule 77.
Aug. 21 Read second time. To third reading.
Aug. 20 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
July 17 Read second time, amended, and re-referred to Com. on APPR.
July 16 From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) .
June 28 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
June 27 From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 9. Noes 1.) .
June 18 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
June 6 In committee: Set, first hearing. Hearing canceled at the request of author.
May 23 Referred to Coms. on T. & H. and JUD.
May 17 Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1535.)
May 17 In Senate. Read first time. To Com. on RLS. for assignment.
May 14 Read second time. To Consent Calendar.
May 10 From committee: Do pass. To Consent Calendar. (May 9).
Apr. 24 From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 12. Noes 0.) (April 23).
Apr. 11 Re-referred to Com. on TRANS.
Apr. 10 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
Apr. 9 Referred to Com. on TRANS.
Feb. 26 Read first time.
Feb. 25 From printer. May be heard in committee March 27.
Feb. 23 Introduced. To print.
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Oct. 14 Approved by the Governor.
Oct. 14 Chaptered by Secretary of State - Chapter 738, Statutes of 2007.
Oct. 2 Enrolled and to the Governor at
Sept. 12 Senate amendments concurred in. To enrollment. (Ayes 73. Noes 1. Page 3326.)
Sept. 11 In Assembly. Concurrence in Senate amendments pending.
Sept. 10 Read third time, passed, and to Assembly. (Ayes 35. Noes 5. Page 2518.)
Sept. 6 Read second time. To third reading.
Sept. 5 Read third time, amended. To second reading.
Aug. 31 From committee: Do pass. (Ayes 17. Noes 0.) . Read second time. To third reading.
Aug. 20 In committee: Placed on Appropriations suspense file.
Aug. 1 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
July 17 Read second time, amended, and re-referred to Com. on APPR.
July 16 From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) .
July 9 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
June 25 In committee: Hearing postponed by committee.
June 19 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
June 14 Referred to Com. on JUD.
June 5 In Senate. Read first time. To Com. on RLS. for assignment.
June 4 Read third time, passed, and to Senate. (Ayes 77. Noes 1. Page 1822.)
June 1 From committee: Do pass. (Ayes 17. Noes 0.) (May 31). Read second time. To third reading.
May 10 In committee: Set, first hearing. Referred to APPR. suspense file.
May 1 Re-referred to Com. on APPR.
Apr. 30 From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Apr. 17 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 0.) (April 17).
Apr. 12 Re-referred to Com. on JUD.
Apr. 11 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Apr. 10 In committee: Hearing postponed by committee.
Mar. 28 Re-referred to Com. on JUD.
Mar. 27 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Mar. 15 Referred to Com.
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Apr. 17 In committee: Set, first hearing. Hearing canceled at the request of author.
Mar. 26 Referred to Com. on HEALTH.
Feb. 26 Read first time.
Feb. 25 From printer. May be heard in committee March 27.
Feb. 23 Introduced. To print.
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May 31 In committee: Set, first hearing. Referred to APPR. suspense file.
May 31 In committee: Set, first hearing. Held under submission.
May 3 Re-referred to Com. on APPR.
May 2 Read second time and amended.
May 1 From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 25).
Apr. 18 In committee: Set, first hearing. Hearing canceled at the request of author.
Apr. 17 Re-referred to Com. on ED.
Apr. 16 From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
Apr. 10 Re-referred to Com. on ED.
Apr. 9 From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
Mar. 26 Referred to Com. on ED.
Feb. 26 Read first time.
Feb. 25 From printer. May be heard in committee March 27.
Feb. 23 Introduced. To print.
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Sept. 10 Re-referred to Com. on RLS. (Page 2483.)
Sept. 7 Read third time, amended, and returned to third reading.
July 9 From Consent Calendar. To third reading.
July 3 Read second time, amended, and to Consent Calendar.
July 2 From committee: Amend, and do pass as amended. To Consent Calendar.
June 18 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
May 9 Referred to Com. on JUD.
Apr. 23 Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1115.)
Apr. 23 In Senate. Read first time. To Com. on RLS. for assignment.
Apr. 18 Read second time. To Consent Calendar.
Apr. 17 From committee: Do pass. To Consent Calendar. (April 17).
Apr. 11 Re-referred to Com. on JUD.
Apr. 10 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Apr. 9 Referred to Com. on JUD.
Mar. 7 From printer. May be heard in committee April 6.
Mar. 6 Read first time. To print.
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May 31 In committee: Set, second hearing. Held under submission.
May 10 In committee: Set, first hearing. Referred to APPR. suspense file.
Apr. 24 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 24).
Apr. 17 In committee: Hearing postponed by committee.
Mar. 29 Referred to Com. on JUD.
Mar. 7 From printer. May be heard in committee April 6.
Mar. 6 Read first time. To print.
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Feb. 1 To Com. on RLS.
Jan. 23 From print. May be acted upon on or after February 22.
Jan. 22 Introduced. Read first time. To Com. on RLS. for assignment. To print.
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Apr. 9 Hearing postponed by committee.
Mar. 29 To Coms. on HEALTH and JUD.
Mar. 29 Set for hearing April 18.
Feb. 22 From print. May be acted upon on or after March 24.
Feb. 21 Introduced. Read first time. To Com. on RLS. for assignment. To print.
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Oct. 14 Vetoed by Governor.
Oct. 14 In Senate. To unfinished business. (Veto)
Sept. 11 Enrolled. To Governor at
Sept. 5 Senate concurs in Assembly amendments. (Ayes 21. Noes 15. Page 2319.) To enrollment.
Sept. 4 Read third time. Passed. (Ayes 47. Noes 30. Page 2857.) To Senate.
Sept. 4 In Senate. To unfinished business.
Aug. 31 Read second time. To third reading.
Aug. 30 From committee: Do pass. (Ayes 12. Noes 5.)
Aug. 22 Set, first hearing. Referred to APPR. suspense file.
July 12 Read second time. Amended. Re-referred to Com. on APPR.
July 11 From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 3.)
July 10 Hearing postponed by committee.
June 19 Set, first hearing. Hearing canceled at the request of author.
June 6 Hearing postponed by committee.
May 17 To Com. on JUD.
May 7 Read third time. Passed. (Ayes 22. Noes 16. Page 868.) To Assembly.
May 7 In Assembly. Read first time. Held at Desk.
Apr. 24 Read second time. Amended. To third reading.
Apr. 23 From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
Apr. 11 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 3. Noes 2. Page 519.) Re-referred to Com. on APPR. Set for hearing April 23.
Apr. 9 From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
Mar. 28 From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD. Set for hearing April 10.
Feb. 28 To Com. on JUD.
Feb. 22 From print. May be acted upon on or after March 24.
Feb. 21 Introduced. Read first time. To Com. on RLS. for assignment. To print.
CDRC
Co-sponsor
4/4/07 - PER EDINA: SUP ltr fxd to AUTHOR & SEN JUDIC COMM - NM
4/17/07 - fxd SUP ltr to AUHTOR, SEN APPROPS COMM, & SEN REP CAUCUS - EH
4/30/07 - fxd STRONG SUP ltr to ALL SEN MEMBERS - EH
6/7/07 0r 6/08/07 - fxd SUP ltr to ASM JUD - NM
9/17/07 - Letter to Governor requesting signature.
Oct. 10 Approved by Governor.
Oct. 10 Chaptered by Secretary of State. Chapter 441, Statutes of 2007.
Sept. 12 Enrolled. To Governor at
Sept. 6 Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 2408.) To enrollment.
Sept. 5 To Special Consent Calendar.
July 20 Read third time. Passed. (Ayes 78. Noes 0. Page 2571.) To Senate.
July 20 In Senate. To unfinished business.
July 16 Read second time. To Consent Calendar.
July 12 From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.)
June 26 From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.
June 21 To Com. on JUD.
June 21 From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
June 7 Read third time. Passed. (Ayes 40. Noes 0. Page 1335.) To Assembly.
June 7 In Assembly. Read first time. Held at Desk.
June 5 Read second time. To third reading. To Special Consent Calendar.
June 4 Read third time. Amended. To second reading.
May 14 From Consent Calendar to third reading.
May 10 Read second time. To Consent Calendar.
May 9 From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0. Page 911.)
Apr. 26 Set for hearing May 8.
Apr. 25 From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
Apr. 19 Re-referred to Com. on JUD.
Mar. 15 To Com. on RLS.
Feb. 26 Read first time.
Feb. 25 From print. May be acted upon on or after March 27.
Feb. 23 Introduced. To Com. on RLS. for assignment. To print.
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Sept. 10 Re-referred to Coms. on HEALTH and APPR. pursuant to Assembly Rule 77.2.
Sept. 7 Read third time. Amended. To third reading.
Sept. 4 Reconsideration granted.
Aug. 28 Motion to reconsider continued to September 4.
Aug. 27 Read third time. Refused passage. (Ayes 34. Noes 36. Page 2725.) Motion to reconsider made by Assembly Member DeSaulnier.
July 3 Read second time. To third reading.
July 2 Read second time. Amended. To second reading.
June 28 From committee: Do pass as amended. (Ayes 5. Noes 2.)
June 7 To Com. on H. & C.D.
May 31 Read third time. Passed. (Ayes 21. Noes 15. Page 1127.) To Assembly.
May 31 In Assembly. Read first time. Held at Desk.
Apr. 17 Read second time. Amended. To third reading.
Apr. 16 From committee: Do pass as amended. (Ayes 3. Noes 2. Page 519.)
Apr. 9 From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
Mar. 28 Set for hearing April 10.
Mar. 20 Hearing postponed by committee.
Mar. 15 To Com. on JUD. Set for hearing March 27.
Feb. 26 Read first time.
Feb. 25 From print. May be acted upon on or after March 27.
Feb. 23 Introduced. To Com. on RLS. for assignment. To print.
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This bill is a gut and amend that occurred the last day to amend bills at the end of the legislative session. The sponsor is Department of Managed Health Care.
