Asm. Mike Gatto

This measure would recognize the 25th anniversary of the California Vietnam Veterans Memorial on November 23, 2013, and encourage all Californians to take part in ceremonies, organized by the California State Council of Vietnam Veterans of America along with assistance from the Department of Veterans Affairs and other veterans service organizations. This measure would call upon the state archives to display memorabilia in a special display on the Vietnam War, as provided, the California State Military Museum to prepare and display exhibits on the Vietnam War, as provided, and the Department of Veterans Affairs to add names to the memorial, as provided.

This measure encourages the California Community Colleges, the California State University, and the University of California to consider and adopt the American Council on Education credit recommendations to give veterans due credit for their military experience.

Existing law authorizes the use of depositions in discovery in civil actions. Any party to a civil action may take an oral deposition of any person, including other parties to the action, following service of a deposition notice notifying the deponent of the date, location, and time of the deposition, as well as any materials to be produced by the deponent. This bill would limit a deposition of any person to 7 hours of total testimony, except under specified circumstances. Under the bill, the court would be required to allow additional time if necessary to fairly examine the deponent. The court would also be required to allow additional time if the deponent, another person, or any other circumstance impedes or delays the examination. The bill would state the intent of the Legislature with regard to these matters.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the court, after a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, to order a continuance of the proceeding against a person who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for completion of a program at a licensed school for traffic violators. The court is authorized to order that the conviction be held confidential, unless the person holds a commercial driver's license or the violation occurred in a commercial vehicle. The court is prohibited from ordering or permitting a person who holds a class A, class B, or commercial class C driver's license to complete a licensed traffic violator school. Existing law requires that no violation point count be assessed if the record of conviction is confidential. The driving privilege of a person whose driving record shows 6 or more points within specified timeframes is subject to suspension or revocation. A violation of the Vehicle Code is a crime. This bill would allow the court, after a deposit of the specified fee or bail, a plea of guilty or no contest, or a conviction, to order or permit a person who holds a class A license, class B license, or commercial class C driver's license to attend a traffic violator school for a traffic offense while operating a vehicle requiring only a class C or class M license. The bill would specify that the record of conviction in any 18-month period would not be confidential, would require that the record of conviction be disclosed to insurers for insurance underwriting and rating purposes, and would not count as a violation point for determining whether a driver is presumed to be a negligent operator, unless a specified condition applies to the offense.

(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act specifically provides that a regulation or order of repeal required to be filed with the Secretary of State shall become effective on the 30th day after the date of filing, subject to certain exceptions. This bill would instead provide that a regulation or order of repeal is effective on January 1, April 1, July 1, or October 1, as specified, subject to certain exceptions, including, but not limited to, specified regulations adopted by the Fish and Game Commission. (2) The act requires the Office of Administrative Law to make a free copy of the full text of the California Code of Regulations available on its Internet Web site. This bill would also require the office to provide on its Internet Web site a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness, as specified. (3) Existing law requires that every state agency subject to the act that maintains an Internet Web site or similar forum for the electronic publication or distribution of written material publish on that Internet Web site or other forum specified information regarding a proposed regulation or regulatory repeal or amendment. This bill would also require a state agency to post on its Internet Web site each regulation that is filed with the Secretary of State, as specified, and to send to the office the Internet Web site link of the regulation. The bill would not apply to a state agency that does not maintain an Internet Web site. This bill would also make a conforming change. This bill would incorporate additional changes in Section 116064 of the Health and Safety Code, proposed by AB 2114, to be operative only if AB 2114 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

This measure would declare December 12, 2012, as California Bullying Prevention Day, and would recognize the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of bullying prevention in California.

(1) Existing law requires every driver and every owner of a motor vehicle to be able to establish financial responsibility, and, at all times, carry in the vehicle evidence of a form of financial responsibility, which may be obtained by a law enforcement officer from the electronic reporting system established by the Department of Motor Vehicles. Existing law requires, upon the demand of a peace officer, that evidence of registration and proof of financial responsibility be provided by a person driving a motor vehicle. Existing law requires a driver who is issued a notice to appear for any alleged violation of the Vehicle Code or the driver of a motor vehicle involved in an accident to furnish written evidence of financial responsibility. Existing law requires an insurer issuing policies of automobile liability insurance or motor vehicle liability insurance, upon the request of its insured or the Department of Motor Vehicles, to promptly issue written verification as to the existence of that coverage. This bill would authorize an insurer issuing policies of automobile liability insurance or motor vehicle insurance to issue, upon the request of the insured and to the extent available, electronic verification as to the existence of the coverage to a mobile electronic device, as defined, and would allow a person to provide evidence of financial responsibility, under the circumstances described above, through the use of a mobile electronic device. The bill would require, when a person provides evidence of financial responsibility, using a mobile electronic device, to a peace officer, the peace officer to only view the evidence of financial responsibility and would prohibit him or her from viewing any other content on the mobile electronic device. The bill would also require, whenever a person presents a mobile electronic device pursuant to the above-described provisions, the person to assume all liability for any damage to the mobile electronic device. By expanding the duties of local public officials and expanding the scope of existing crimes, the bill would impose a state-mandated local program. (2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Multiple-Party Accounts Law regulates the ownership interest of parties to a multiple-party account, and provides that during the lifetime of the parties, a party's ownership interest is based on the proportion of the party's net contribution to the sums on deposit. This bill instead would base a party's ownership interest in the account on the proportion of the party's net contributions to the account. The bill would specify that if a party makes an excess withdrawal, as defined, from an account, the other parties to the account shall have an ownership interest in the excess withdrawal in proportion to the net contributions of each to the amount on deposit in the account immediately following the excess withdrawal, unless there is clear and convincing evidence of a contrary agreement between the parties. The bill would define excess withdrawal as the amount of a party's withdrawal that exceeds that party's net contribution on deposit in the account immediately preceding the withdrawal. The bill would also provide that only a living party, or a conservator, guardian, or agent acting on behalf of a living party, shall be permitted to make a claim to recover the living party's ownership interest in an excess withdrawal pursuant to the provisions above. However, the bill would authorize a court, at its discretion, and in the interest of justice, to reduce any recovery under the provisions above to reflect funds withdrawn and applied for the benefit of the claiming party. Existing law provides that rights of survivorship are eliminated for funds withdrawn by a party with a right of withdrawal during the lifetime of the party. This bill instead would eliminate those rights of survivorship with respect to funds withdrawn to the extent of the withdrawing party's net contribution to the account. The bill would also make conforming changes.

Existing law makes it unlawful for any person attending a professional sporting event to throw any object on or across the court or field of play with the intent to interfere with play or distract a player, or enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until the participants of play have completed the playing time of the sporting event. This bill would require the owner of any professional sports facility to post written notices displaying the text message number and telephone number to contact arena security in order to report a violent act, as provided.

This measure would urge the United States Postal Service to end its plan to reduce the frequency of mail delivery from 6 days to 5 days a week, and to take all appropriate measures to ensure the continuation of this 6-day mail delivery service.