Judiciary omnibus.

(1) Existing law, known as the Automobile Sales Finance Act, prohibits the seller or holder of a conditional sale contract for a motor vehicle from accelerating the maturity of any part or all of the amount due under the contract or repossessing the vehicle in the absence of default in the performance of any of the buyer's obligations under the contract. That act establishes a right in the buyer to reinstate a conditional sale contract for a motor vehicle after default, details various methods by which to cure the default, and in all cases requires reimbursing the seller or holder for all reasonable and necessary collection and repossession costs and fees incurred. A willful violation of these provisions is a crime. This bill would instead establish that in order to cure a default by any method, the buyer is required to reimburse the seller or holder for all reasonable and necessary collection and repossession costs and fees actually paid by the seller or holder. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law, the Eminent Domain Law, authorizes any person authorized to acquire property for a particular use by eminent domain to enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use. Existing law provides that if the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, the owner may recover for the damage or interference in a civil action or by application to the court. If funds are on deposit, upon application of the owner, the court is required to determine and award the amount the owner is entitled to recover and order that amount paid out of the funds on deposit. This bill, among other things, would provide that the civil action in which the owner could collect damages would be as a defendant in an eminent domain proceeding affecting the property. The bill would provide that when the owner seeks funds on deposit upon application to the court, the owner has a right to a jury trial, unless waived, on the amount of compensation for actual damage or substantial interference with the possession or use of the property. The bill would also provide that if the owner seeks damages, the answer is required to include a statement that the defendant claims compensation under the specified provision, but need not specify the amount of that compensation, and if the owner seeks compensation for losses caused by the plaintiff's unreasonable conduct prior to commencing the eminent domain proceeding, the answer is required to include a statement that the owner claims compensation for that loss, but need not specify the amount of the compensation. (3) Existing law establishes procedures for the dismissal and suspension of school employees. Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, and authorizes the suspension of a permanent school employee on specified grounds. Existing law authorizes the governing board of a school district to notify the permanent school employee of its intention to dismiss or suspend the employee, and authorizes the employee to demand a hearing on the charges before a Commission on Professional Competence or an administrative law judge. Existing law requires the hearing to be conducted in a place selected by agreement among the members of the Commission on Professional Competence, and, in the absence of agreement, requires the place to be selected by the administrative law judge. This bill, notwithstanding the latter provision, would authorize the parties to mutually agree to hold the hearing by telephone, videoconference, or other electronic means. (4) Existing law requires an administrative hearing to be open to public observation, unless otherwise specified, and requires certain conditions to be met if the hearing is conducted by telephone, television, or other electronic means, including that the public have an opportunity to be physically present at the place where the presiding officer is conducting the hearing. Existing law prescribes specified locations where an administrative hearing is authorized to take place. This bill would additionally specify that, to the extent a hearing is conducted by telephone, television, or other electronic means, and is not closed as otherwise required by law, the requirement that the meeting be open to public observation can be satisfied if members of the public have an opportunity to be virtually present where the presiding officer is conducting the hearing. The bill would define the term "present" as either by providing a designated location from which members of the public can observe the meeting via a live audio or a video feed of the hearing made available to the public on the internet or by teleconference. Existing law requires a writing served to a person in conjunction with an administrative hearing to meet specified requirements, including that the writing be sent by mail to the person's last known mailing address. Existing law also specifies rules for discovery and evidence review in relation to an administrative hearing. This bill would additionally authorize the writing to be an electronic document, and would allow a writing, electronic document, or notice to be delivered to the person's last known mailing address by electronic means. The bill would specify that discovery of certain categories of evidence may be conducted electronically by means prescribed by an administrative law judge. Existing law authorizes the presiding officer of an administrative hearing to conduct all or part of a hearing by telephone, television, or other electronic means, as provided, unless a party objects. This bill would instead limit a party to objecting only when the entire hearing is being conducted by telephone, television, or other electronic means and require the presiding officer to consider the party's objections. The bill would authorize the presiding officer, in their discretion, to structure the hearing to address the specific objections and to require specified persons to be present in a physical location during all or part of the hearing. (5) Existing law requires the Fair Employment and Housing Council to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that either implement various provisions with regard to prohibiting discrimination or to carry out all other functions and duties of the council, as provided. This bill would add the prohibition on sex discrimination in wages to the provisions with regard to discrimination. (6) Existing law, on and after January 1, 2021, makes it an unlawful employment practice for any government employer or employer with 5 or more employees to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period or who meets certain other requirements, to take up to a total of 12 workweeks in any 12-month period to, among other things, bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. This bill would expand the population that an employee can take leave to care for to include parents-in-law. (7) Existing law specifically grants the Department of Human Resources the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law creates the Limited Examination and Appointment Program (LEAP) , which the Department of Human Resources administers, to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities. Existing law also repeals, on January 1, 2022, certain provisions of LEAP regarding conducting competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. This bill would extend the repeal date to January 1, 2023. (8) Existing law makes a person who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to escape onto any public or private property liable for the fire suppression costs incurred in fighting the fire, the cost of providing rescue or emergency medical services, the cost of investigating and making any reports with respect to the fire, and the costs relating to accounting for the fire and the collection of specified funds. Existing law applies the 2-year statute of limitations applicable to an action upon a contract, obligation, or liability not founded upon an instrument of writing to an action brought pursuant to these provisions. Existing law provides that the statute of limitations for specified actions, including an action upon a liability created by statute other than a penalty or forfeiture action, is 3 years. This bill would apply this 3-year statute of limitations to an action brought pursuant to the above-described provisions regarding liability for fires. (9) Existing law provides that a transfer of payment rights from a settlement obligor or an annuity issuer under a structured settlement agreement is void unless the transfer has been approved in advance by a court based on specified court findings. Existing law defines "structured settlement agreement" for these purposes to mean an arrangement for periodic payment of damages established by settlement or judgment in resolution of a tort claim in which the payment of the judgment or award is paid in whole, or in part, in periodic tax-free payments rather than a lump-sum payment. Existing law requires a transferee, at the time of filing a petition for court approval of a transfer of structured settlement payment rights, to file with the Attorney General a copy of the transferee's petition for court approval, and other specified, related documents. Existing law authorizes the Attorney General to charge a reasonable fee for the filing of the transfer agreement. This bill would eliminate the requirement to file those documents with the Attorney General and instead would require the transferee to retain those documents for 3 years after the date of the last payment under the structured settlement agreement, or for 5 years after the date of the transfer, whichever date is later. (10) Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law requires a service agency, defined, in part, as a developmental center or regional center, to have a fair hearing procedure that meets prescribed requirements, including adequate notice standards and that if a fair hearing is requested, the claimant has the right to appear in person with counsel or with other representatives of the claimant's choosing. Existing law requires the fair hearing to be held at a time and place reasonably convenient to the claimant and the authorized representative, as specified. This bill would authorize a location for the above-described fair hearing to include a hearing by telephone, videoconference, or other electronic means, by agreement. (11) Existing law requires all applications for change of names to be made to the superior court of the person's county of residence, except for minors with a court-appointed guardian. Existing law requires the court in which a petition for a change of name has been filed to issue an order to show cause inviting interested persons to file written objections to the proposed change of name, as specified. Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender. Existing law requires all petitions to recognize a change of gender for a minor with a court-appointed guardian to be filed with the court that appointed the guardian. This bill would require a petition for a change of name or gender for a minor with a court-appointed guardian or a minor who is a ward of the juvenile court to be made in the court having jurisdiction over the minor. The bill would exempt an action for a change of name of a minor or nonminor dependent under the jurisdiction of the juvenile court from the requirement that the court issue an order to show cause. (12) The bill would also make nonsubstantive and conforming changes. (13) This bill would incorporate additional changes to Section 52.1 of the Civil Code proposed by SB 2, additional changes to Sections 1276 and 1277 of the Code of Civil Procedure proposed by AB 218, and additional changes to Section 12945.2 of the Government Code proposed by AB 1041 to be operative only if this bill and SB 2, AB 218, or AB 1041 are enacted and this bill is enacted last. (14) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.