California: New laws in California for the New Year 2014.

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California: New laws in California for the New Year 2014.

 

 

 

 

 

As we all celebrate the New Year 2014, remember that there are new laws going into affect in California.

 

 

 

There is a whole lot of new laws in California for the New Year 2014.

 

 

 

 

 

**** You can read the full list of new laws in California for the New Year 2014 at the following California Legislative Information website address: ****

 

 

 

http://www.leginfo.ca.gov/pdf/BillsEnactedReport2013.pdf

 

 

 

 

 

** The following is a few of the new laws in California for the New York 2014: **

 

 

 

 

 

**** Regarding Employment: ****

 

 

 

** AB 10 — Assembly Member Alejo: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_10&sess=1314

 

 

 

 

 

Assembly Bill No. 10

 

CHAPTER 351

 

An act to amend Section 1182.12 of the Labor Code, relating to wages.

 

 

 

[Approved by Governor September 25, 2013. Filed with Secretary of State September 25, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 10, Alejo. Minimum wage: annual adjustment.

 

 

 

Existing law requires that, on and after January 1, 2008, the minimum wage for all industries be not less than $8.00 per hour.

 

 

 

This bill would increase the minimum wage, on and after July 1, 2014, to not less than $9 per hour. The bill would further increase the minimum wage, on and after January 1, 2016, to not less than $10 per hour.

 

 

 

 

 

** AB 11 — Assembly Member Logue: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_11&sess=1314

 

 

 

Assembly Bill No. 11

 

CHAPTER 120

 

An act to amend Section 230.4 of the Labor Code, relating to employees.

 

 

 

[Approved by Governor August 19, 2013. Filed with Secretary of State August 19, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 11, Logue. Employees: reserve peace officers and emergency rescue personnel.

 

 

 

Existing law requires an employer employing 50 or more employees to permit an employee who is a volunteer firefighter to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire or law enforcement training.

 

 

 

This bill would revise these provisions to require those employers to permit an employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or as emergency rescue personnel, as defined, to take the leave of absence described above for the purpose of engaging in fire, law enforcement, or emergency rescue training.

 

 

 

 

 

** AB 556 — Assembly Member Salas: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_556&sess=1314

 

 

 

Assembly Bill No. 556

 

CHAPTER 691

 

An act to amend Sections 12920, 12921, 12926, and 12940 of the Government Code, relating to employment.

 

 

 

[Approved by Governor October 10, 2013. Filed with Secretary of State October 10, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 556, Salas. Fair Employment and Housing Act: military veterans.

 

 

 

(1) Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation.

 

 

 

This bill would add “military and veteran status,” as defined, to the list of categories protected from employment discrimination under the act. The bill would also provide an exemption for an inquiry by an employer regarding military or veteran status for the purpose of awarding a veteran’s preference as permitted by law.

 

 

 

(2)  This bill would incorporate additional changes to Section 12940 of the Government Code made by SB 292 that would become operative if both bills are chaptered on or before January 1, 2014, and this bill is chaptered last.

 

 

 

 

 

** SB 292 — Senator Corbett: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_292&sess=1314

 

 

 

 

 

Senate Bill No. 292

 

CHAPTER 88

 

An act to amend Section 12940 of the Government Code, relating to employment.

 

 

 

[Approved by Governor August 12, 2013. Filed with Secretary of State August 12, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 292, Corbett. Employment: sexual harassment.

 

 

 

Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation. Existing law makes these provisions applicable to employers, labor organizations, employment agencies, and specified training programs and also defines harassment because of sex for these purposes.

 

 

 

This bill would specify, for purposes of the definition of harassment because of sex under these provisions, that sexually harassing conduct need not be motivated by sexual desire.

 

 

 

 

 

** SB 390 — Senator Wright: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_390&sess=1314

 

 

 

 

 

Senate Bill No. 390

 

CHAPTER 718

 

An act to amend Section 227 of the Labor Code, relating to employment.

 

 

 

[Approved by Governor October 10, 2013. Filed with Secretary of State October 10, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 390, Wright. Employee wage withholdings: failure to remit.

 

 

 

(1) Existing law makes it a crime for an employer to fail to make agreed-upon payments to health and welfare funds, pension funds, or various benefit plans. Existing law provides that the crime be punished as a felony or a misdemeanor, as specified, if the amount unpaid exceeds $500, and as a misdemeanor, if the amount is less than $500.

 

 

 

This bill would make it a crime, as described above, for an employer to fail to remit withholdings from an employee’s wages that were made pursuant to state, local, or federal law. The bill would prescribe how recovered withholdings or court-imposed restitution, if any, are to be forwarded or paid. By broadening the definition of a crime, this 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 no reimbursement is required by this act for a specified reason.

 

 

 

 

 

** SB 400 — Senator Jackson: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_400&sess=1314

 

 

 

 

 

Senate Bill No. 400

 

CHAPTER 759

 

An act to amend Sections 230 and 230.1 of the Labor Code, relating to employment.

 

 

 

[Approved by Governor October 11, 2013. Filed with Secretary of State October 11, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 400, Jackson. Employment protections: victims of domestic violence, sexual assault, or stalking.

 

 

 

(1) Existing law provides protections to victims of domestic violence or sexual assault. Existing law prohibits an employer from taking adverse employment action against a victim of domestic violence or sexual assault who takes time off from work to attend to issues arising as a result of the domestic violence or sexual assault, as long as the employee complies with certain conditions. Existing law entitles an employee who is discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for specified purposes, to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Under existing law, an employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. Existing law authorizes an employee who is discharged, threatened with discharge, demoted, suspended, or otherwise discriminated or retaliated against by his or her employer in violation of these provisions to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations, as specified.

 

 

 

This bill would extend these protections to victims of stalking. The bill would also prohibit an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of domestic violence, sexual assault, or stalking if the victim provides notice to the employer of the status or the employer has actual knowledge of the status. The bill would also require the employer to provide reasonable accommodations that may include the implementation of safety measures or procedures for a victim of domestic violence, sexual assault, or stalking, as specified. Because a violation of the bill’s requirements under certain circumstances would be a crime, 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 no reimbursement is required by this act for a specified reason.

 

 

 

 

 

** SB 462 — Senator Monning: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_462&sess=1314

 

 

 

Senate Bill No. 462

 

CHAPTER 142

 

An act to amend Section 218.5 of the Labor Code, relating to employment.

 

 

 

[Approved by Governor August 26, 2013. Filed with Secretary of State August 26, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 462, Monning. Employment: compensation.

 

 

 

Existing law, except as specified, requires a court in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, to award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action.

 

 

 

This bill would make the award of attorney’s fees and costs where the prevailing party is not an employee contingent on a finding by the court that the employee brought the court action in bad faith.

 

 

 

 

 

** SB 666 — Senator Steinberg: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_666&sess=1314

 

 

 

 

 

Senate Bill No. 666

 

CHAPTER 577

 

An act to add Sections 494.6 and 6103.7 to the Business and Professions Code, and to amend Sections 98.6 and 1102.5 of, and to add Section 244 to, the Labor Code, relating to employment.

 

 

 

[Approved by Governor October 5, 2013. Filed with Secretary of State October 5, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 666, Steinberg. Employment: retaliation.

 

 

 

Existing law establishes grounds for suspension or revocation of certain business and professional licenses.

 

 

 

This bill would subject those business licenses to suspension or revocation, with a specified exception, if the licensee has been determined by the Labor Commissioner or the court to have violated specified law and the court or Labor Commissioner has taken into consideration any harm such a suspension or revocation would cause to employees of the licensee, as well as the good faith efforts of the licensee to resolve any alleged violations after receiving notice. The bill would subject a licensee of an agency within the Department of Consumer Affairs who has been found by the Labor Commissioner or the court to have violated specified law to disciplinary action by his or her respective licensing agency.

 

 

 

The State Bar Act establishes specific causes for the disbarment or suspension of a member of the State Bar.

 

 

 

This bill would make it a cause for suspension, disbarment, or other discipline for any member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment.

 

 

 

Existing law establishes various rights and protections relating to employment and civil rights that may be enforced by civil action.

 

 

 

This bill would provide that it is not necessary to exhaust administrative remedies or procedures in order to bring a civil action enforcing designated rights. Under the bill, reporting or threatening to report an employee’s, former employee’s, or prospective employee’s suspected citizenship or immigration status, or the suspected citizenship or immigration status of the employee’s or former employee’s family member, as defined, to a federal, state, or local agency because the employee, former employee, or prospective employee exercises a designated right would constitute an adverse action for purposes of establishing a violation of the designated right. Because a violation of certain of those designated rights is a misdemeanor, this bill would impose a state-mandated local program by changing the definition of a crime.

 

 

 

Existing law prohibits an employer from discharging an employee or in any manner discriminating against any employee or applicant for employment because the employee or applicant has engaged in prescribed protected conduct relating to the enforcement of the employee’s or applicant’s rights. Existing law makes it a misdemeanor for an employer to take adverse employment action against employees who file bona fide complaints.

 

 

 

This bill would also prohibit an employer from retaliating or taking any adverse action against any employee or applicant for employment because the employee or applicant has engaged in protected conduct. The bill would expand the protected conduct to include a written or oral complaint by an employee that he or she is owed unpaid wages. The bill would subject an employer to a civil penalty of up to $10,000 per violation of these provisions.

 

 

 

Existing law entitles an employee to reinstatement and reimbursement for lost wages and benefits if the employee has been discharged, demoted, suspended, or in any way discriminated against because the employee engaged in protected conduct or because the employee made a bona fide complaint or claim or initiated any action or notice, as prescribed.

 

 

 

This bill would similarly grant these entitlements to an employee who is retaliated against or subjected to an adverse action.

 

 

 

Existing law prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. Existing law further prohibits an employer from retaliating against an employee for such a disclosure. Under existing law, a violation of these provisions by an employer is a crime.

 

 

 

This bill would additionally prohibit any person acting on behalf of the employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, as provided, and would extend those prohibitions to preventing an employee from, or retaliating against an employee for, providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry. Because a violation of these provisions by an employer would be a crime, this bill would impose a state-mandated local program.

 

 

 

This bill would incorporate additional changes to Section 1102.5 of the Labor Code proposed by SB 496 that would become operative if this bill and SB 496 are enacted and this bill is enacted last.

 

 

 

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.

 

 

 

 

 

** SB 770 — Senators Jackson and DeSaulnier: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_770&sess=1314

 

 

 

Senate Bill No. 770

 

CHAPTER 350

 

An act to amend Section 3300 of, and to amend, repeal, and add Sections 2708, 3301, 3302, and 3303 of, the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.

 

 

 

[Approved by Governor September 24, 2013. Filed with Secretary of State September 24, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 770, Jackson. Unemployment compensation: disability benefits: paid family leave.

 

 

 

Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. These benefits are payable for family temporary disability leaves that begin on and after July 1, 2004.

 

 

 

This bill would, beginning on July 1, 2014, expand the scope of the family temporary disability program to include time off to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined. The bill would also make conforming and clarifying changes in provisions relating to family temporary disability compensation.

 

 

 

Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions.

 

 

 

This bill, by authorizing expenditure of money in the Unemployment Compensation Disability Fund for a new purpose, would make an appropriation.

 

 

 

Appropriation: yes.

 

 

 

 

 

**** Regarding Insurance and Health Benefits: ****

 

 

 

** AB 219 — Assembly Member Perea:

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_219&sess=1314

 

 

 

Assembly Bill No. 219

 

CHAPTER 661

 

An act to add and repeal Section 1367.656 of the Health and Safety Code, and to add and repeal Section 10123.206 of the Insurance Code, relating to health care coverage.

 

 

 

[Approved by Governor October 9, 2013. Filed with Secretary of State October 9, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 219, Perea. Health care coverage: cancer treatment.

 

 

 

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 also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide coverage for all generally medically accepted cancer screening tests and requires those contracts and policies to also provide coverage for the treatment of breast cancer. Existing law imposes various requirements on contracts and policies that cover prescription drug benefits.

 

 

 

This bill would prohibit an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2015, that provides coverage for prescribed, orally administered anticancer medications used to kill or slow the growth of cancerous cells from requiring an enrollee or insured to pay, notwithstanding any deductible, a total amount of copayments and coinsurance that exceeds $200 for an individual prescription of up to a 30-day supply of a prescribed orally administered anticancer medication. The bill would provide that for a health care service plan contract or health insurance policy that meets a specified federal definition of a high deductible health plan, this prohibition shall only apply once the enrollee’s or insured’s deductible has been satisfied for the year. The bill would authorize a health care service plan or health insurer, on January 1, 2016, and on January 1 of each year thereafter, to increase the $200 limit by the percentage increase in the Consumer Price Index for that year. The bill would repeal these provisions on January 1, 2019.

 

 

 

Because a willful violation of the bill’s requirements relative to health care service plans would be a crime, the bill would impose a state-mandated local program.

 

 

 

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.

 

 

 

 

 

** AB 460 — Assembly Member Ammiano: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_460&sess=1314

 

 

 

Assembly Bill No. 460

 

CHAPTER 644

 

An act to amend Section 1374.55 of the Health and Safety Code, and to amend Section 10119.6 of the Insurance Code, relating to health care coverage.

 

 

 

[Approved by Governor October 8, 2013. Filed with Secretary of State October 8, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 460, Ammiano. Health care coverage: infertility.

 

 

 

(1) 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 regulation of health insurers by the Department of Insurance. Existing law imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, a requirement that every group health care service plan contract or health insurance policy that is issued, amended, or renewed on or after January 1, 1990, offer coverage for the treatment of infertility, except in vitro fertilization, under those terms and conditions as may be agreed upon between the group subscriber or the group policyholder and the plan or the insurer, except as provided.

 

 

 

This bill would require that the coverage for the treatment of infertility be offered and, if purchased, provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation. Because a willful violation of the bill’s provisions by a health care service plan would be a crime, 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 no reimbursement is required by this act for a specified reason.

 

 

 

 

 

** SB 639 — Senator Hernandez: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_639&sess=1314

 

 

 

Senate Bill No. 639

 

CHAPTER 316

 

An act to amend Sections 1357.503 and 1367 of, to add Sections 1367.006, 1367.007, 1367.008, and 1367.009 to, and to add and repeal Section 1367.0065 of, the Health and Safety Code, and to amend Section 10753.05 of, and to add Sections 10112.28, 10112.29, 10112.295, 10112.297, and 10112.7 to, and to add and repeal Section 10112.285 of, the Insurance Code, relating to health care coverage.

 

 

 

[Approved by Governor September 20, 2013. Filed with Secretary of State September 20, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 639, Hernandez. Health care coverage.

 

 

 

Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA), enacts various health care coverage market reforms that take effect January 1, 2014. Among other things, PPACA establishes annual limits on deductibles for employer-sponsored plans and defines bronze, silver, gold, and platinum levels of coverage for the nongrandfathered individual and small group markets.

 

 

 

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 also provides for the regulation of health insurers by the Department of Insurance.

 

 

 

This bill would prohibit the deductible under a small employer health care service plan contract or health insurance policy offered, sold, or renewed on or after January 1, 2014, from exceeding $2,000 in the case of a plan contract or policy covering a single individual, or $4,000 in all other cases. That provision would not apply to multiple employer welfare arrangements, as specified.

 

 

 

The bill would require, for nongrandfathered products in the individual or small group markets, a health care service plan contract or health insurance policy, except a specialized health insurance policy, that is issued, amended, or renewed on or after January 1, 2014, to provide for a limit on annual out-of-pocket expenses for all covered benefits that meet the definition of essential health benefits, as defined, and would require the contract or policy, for nongrandfathered products in the large group market, to provide that limit for covered benefits, including out-of-network emergency care, to the extent that the limit does not conflict with federal law or guidance, as specified. The bill would set the limit at $6,500 for individual coverage and $12,700 for family coverage for the 2014 plan and policy years, and would set a specified limit for pediatric oral care benefits. For later years, those limits would be set using a specified provision of federal law. The bill would prohibit the total annual out-of-pocket maximum for all covered essential benefits from exceeding that limit for a specialized plan or specialized health insurance policy that offers or provides an essential health benefit, as specified, in plan or policy years beginning on or after January 1, 2015.

 

 

 

The bill would also prohibit a plan or insurer from applying a separate out-of-pocket maximum to mental health or substance use disorder benefits.

 

 

 

The bill would define bronze, silver, gold, and platinum levels of coverage for the nongrandfathered individual and small group markets consistent with the definitions in PPACA. The bill would prohibit a carrier that is not participating in the Exchange from offering a catastrophic plan, as defined, in the individual market.

 

 

 

PPACA requires a health insurance issuer offering group or individual coverage that provides or covers benefits with respect to services in the emergency department of a hospital to cover emergency services without the need for prior authorization, regardless of whether the provider is a participating provider, and subject to the same cost sharing required if the services were provided by a participating provider, as specified.

 

 

 

This bill would impose that requirement with respect to health insurance policies issued, amended, or renewed on or after January 1, 2014, as specified.

 

 

 

Existing law requires a health care service plan and carrier providing coverage to small employers each calendar year to establish an index rate for the small employer market in the state based on the total combined claims costs for providing essential health benefits within a single risk pool, as specified.

 

 

 

This bill would require that index rate to be established at least each calendar year and no more frequently than each calendar quarter.

 

 

 

Because a willful violation of these requirements with respect to health care service plans would be a crime, the bill would impose a state-mandated local program.

 

 

 

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.

 

 

 

 

 

**** Regarding Privacy and Security: ****

 

 

 

** AB 658 — Assembly Member Ian Calderon: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_658&sess=1314

 

 

 

Assembly Bill No. 658

 

CHAPTER 296

 

An act to amend Section 56.06 of the Civil Code, relating to personal information.

 

 

 

[Approved by Governor September 9, 2013. Filed with Secretary of State September 9, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 658, Ian Calderon. Personal information: disclosure.

 

 

 

(1) The Confidentiality of Medical Information Act prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as expressly authorized by the patient, enrollee, or subscriber, as specified, or as otherwise required or authorized by law. The act includes within the definition of “provider of health care,” any business organized for the purpose of maintaining medical information to allow an individual to manage his or her information, or for the treatment or diagnosis of the individual.

 

 

 

Violations of those provisions are subject to a civil action for compensatory and punitive damages, and, if a violation results in economic loss or personal injury to a patient, it is punishable as a misdemeanor.

 

 

 

This bill would apply the prohibitions of the Confidentiality of Medical Information Act to any business that offers software or hardware to consumers, including a mobile application or other related device that is designed to maintain medical information to allow an individual to manage his or her information, or for the diagnosis, treatment, or management of a medical condition of the individual. By expanding an existing crime, this 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 no reimbursement is required by this act for a specified reason.

 

 

 

 

 

** SB 282 — Senator Yee: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_282&sess=1314

 

 

 

Senate Bill No. 282

 

CHAPTER 58

 

An act to amend Section 56.105 of the Civil Code, relating to personal information.

 

 

 

[Approved by Governor July 3, 2013. Filed with Secretary of State July 3, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 282, Yee. Confidential medical information: required authorization to disclose.

 

 

 

The Confidentiality of Medical Information Act requires, among other things, that a demand for settlement or offer to compromise issued on a patient’s behalf prior to the service of a complaint in any action arising out of the professional negligence of a specifically certified physician and surgeon be accompanied by an authorization to disclose medical information to the persons or organizations insuring, responsible for, or defending the professional liability of the physician and surgeon in order to allow an evaluation of the merits of the demand for settlement or offer of compromise.

 

 

 

This bill would extend these provisions to require that the authorization to disclose medical information also accompany a demand for settlement or offer to compromise issued on a patient’s behalf prior to the service of a complaint in any action arising out of the professional negligence of a person holding a valid license as a marriage and family therapist, as specified.

 

 

 

 

 

** SB 568 — Senator Steinberg: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_568&sess=1314

 

 

 

Senate Bill No. 568

 

CHAPTER 336

 

An act to add Chapter 22.1 (commencing with Section 22580) to Division 8 of the Business and Professions Code, relating to the Internet.

 

 

 

[Approved by Governor September 23, 2013. Filed with Secretary of State September 23, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 568, Steinberg. Privacy: Internet: minors.

 

 

 

Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service to make its privacy policy available to consumers, as specified.

 

 

 

Existing federal law requires an operator of an Internet Web site or online service directed to a child, as defined, or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator’s further collection of information from the child.

 

 

 

This bill would, on and after January 1, 2015, prohibit an operator of an Internet Web site, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. The bill would prohibit an operator from knowingly using, disclosing, compiling, or allowing a 3rd party to use, disclose, or compile, the personal information of a minor for the purpose of marketing or advertising specified types of products or services. The bill would also make this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor.

 

 

 

The bill would, on and after January 1, 2015, require the operator of an Internet Web site, online service, online application, or mobile application to permit a minor, who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application, to remove, or to request and obtain removal of, content or information posted on the operator’s Internet Web site, service, or application by the minor, unless the content or information was posted by a 3rd party, any other provision of state or federal law requires the operator or 3rd party to maintain the content or information, or the operator anonymizes the content or information. The bill would require the operator to provide notice to a minor that the minor may remove the content or information, as specified.

 

 

 

 

 

**** Regarding Covered California and Affordable Care Act (A.C.A.): ****

 

 

 

** AB 422 — Assembly Member Nazarian: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_422&sess=1314

 

 

 

Assembly Bill No. 422

 

CHAPTER 440

 

An act to amend Section 49557.2 of the Education Code, relating to public schools.

 

 

 

[Approved by Governor October 1, 2013. Filed with Secretary of State October 1, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 422, Nazarian. School lunch program applications: health care notice.

 

 

 

Existing law creates various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi-Cal program administered by the State Department of Health Care Services.

 

 

 

Existing law provides for a school lunch program under which eligible pupils receive free or reduced-price meals. Existing law authorizes the sharing of the school lunch program application with the county agency administering the Medi-Cal program for use in making an accelerated Medi-Cal eligibility determination for pupils eligible for free meals. Existing law provides for the sending of a Healthy Families Program application to pupils determined to be ineligible for Medi-Cal coverage.

 

 

 

This bill would, commencing January 1, 2014, require the notices to include prescribed advisements about the availability of free or reduced-cost comprehensive health care coverage through Medi-Cal or the California Health Benefit Exchange, respectively. The bill would authorize a school district also to include the notices in certain notifications required at the beginning of the first semester or quarter of the regular school term. The bill would require a county that receives the information provided on a school lunch program application, for a pupil who is not already enrolled in a health insurance affordability program, to treat the school lunch program application as an application for a health insurance affordability program, as specified.

 

 

 

 

 

** AB 1180 — Assembly Member Pan: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1180&sess=1314

 

 

 

Assembly Bill No. 1180

 

CHAPTER 441

 

An act to amend Sections 1363.06, 1363.07, 1366.3, 1366.35, 1373.6, 1373.621, 1373.622, 1399.805, 1399.810, 1399.811, and 1399.815 of, and to add Section 1373.620 to, the Health and Safety Code, and to amend Sections 10116.5, 10127.14, 10127.16, 10127.18, 10785, 10901.3, 10901.8, 10901.9, 10902.3, 12672, and 12682.1 of, to add Section 12682.2 to, and to repeal Section 10902.6 of, the Insurance Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately.

 

 

 

[Approved by Governor October 1, 2013. Filed with Secretary of State October 1, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 1180, Pan. Health care coverage: federally eligible defined individuals: conversion or continuation of coverage.

 

 

 

(1) 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 also provides for the regulation of health insurers by the Insurance Commissioner. Existing law requires a health care service plan or a health insurer offering individual plan contracts or individual insurance policies to fairly and affirmatively offer, market, and sell certain individual contracts and policies to all federally eligible defined individuals, as defined, in each service area in which the plan or insurer provides or arranges for the provision of health care services. Existing law prohibits the premium for those policies and contracts from exceeding the premium paid by a subscriber of the California Major Risk Medical Insurance Program who is of the same age and resides in the same geographic region as the federally eligible defined individual, as specified.

 

 

 

This bill would make these provisions of law applicable only to individual grandfathered health plans, as defined, previously issued to federally eligible defined individuals, unless and until specified provisions of the federal Patient Protection and Affordable Care Act (PPACA) are amended or repealed, as specified. The bill would also require a health care service plan or an insurer, at least 60 days prior to the plan or policy renewal date, to issue prescribed notifications to a person who is enrolled in an individual health benefit plan or individual health insurance policy that is not a grandfathered health plan. The bill would also impose the notification requirement for individuals who are covered under the California Major Risk Medical Insurance Program. Because a willful violation of this requirement by a health care service plan would be a crime, the bill would impose a state-mandated local program.

 

 

 

(2) Existing law establishes a formula establishing the upper limit for premium charges for health care plans and health insurance. Existing law authorizes the plan and insurer to adjust the premium based on family size, as specified.

 

 

 

This bill, after January 1, 2014, and until January 1, 2020, instead of the current formula, would limit the premium charged for coverage provided in 2014 to the rate charged in 2013 multiplied by 1.09 and would limit the rate of growth thereafter, as specified.

 

 

 

(3) Existing law requires a health care service plan or health insurer to offer continuation or conversion of individual or group coverage for a specified period of time and under certain circumstances.

 

 

 

The bill would make those provisions inoperative, unless and until specified provisions of PPACA are amended or repealed, as specified, and would make conforming changes.

 

 

 

(4) This bill would incorporate additional changes to Section 10785 of the Insurance Code proposed by AB 1391, that would become operative only if AB 1391 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

 

 

 

(5) 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.

 

 

 

This bill would declare that it is to take effect immediately as an urgency statute.

 

 

 

 

 

** AB 1428 — Assembly Member Conway: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1428&sess=1314

 

 

 

Assembly Bill No. 1428

 

CHAPTER 561

 

An act to amend Section 1043 to the Government Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately.

 

 

 

[Approved by Governor October 4, 2013. Filed with Secretary of State October 4, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 1428, Conway. California Health Benefit Exchange: employees and contractors.

 

 

 

Under the federal Patient Protection and Affordable Care Act (PPACA), each state is required, by January 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange (Exchange) within state government, specifies the powers and duties of the board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law requires the board to employ necessary staff and authorizes the board to enter into contracts.

 

 

 

Existing law requires the board, consistent with federal guidance applicable to state-based exchanges, to submit to the Department of Justice fingerprint images and related information of specified individuals whose duties include or would include access to confidential information, personal identifying information, personal health information, federal tax information, financial information, or any other information as required by federal law or guidance applicable to state-based exchanges for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal.

 

 

 

This bill would revise these provisions to require that the fingerprint images and related information be submitted to the Department of Justice consistent with the federal Centers for Medicare and Medicaid Services (CMS), Catalog of Minimum Acceptable Risk Standards for Exchanges (MARS-E), Exchange Reference Architecture Supplement version 1.0, issued on August 12, 2012, or further updates, guidance, or regulations, for those individuals whose duties include or would include access to the specified information contained in the information systems and devices of the Exchange.

 

 

 

This bill would declare that it is to take effect immediately as an urgency statute.

 

 

 

 

 

** SB 509 — Senators DeSaulnier and Emmerson: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_509&sess=1314

 

 

 

Senate Bill No. 509

 

CHAPTER 10

 

An act to add Section 1043 to the Government Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately.

 

 

 

[Approved by Governor June 17, 2013. Filed with Secretary of State June 17, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

SB 509, DeSaulnier. California Health Benefit Exchange: background checks.

 

 

 

Under the federal Patient Protection and Affordable Care Act (PPACA), each state is required, by January 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange (Exchange) within state government, specifies the powers and duties of the executive board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law creates the California Health Trust Fund as a continuously appropriated fund for the administrative and operational expenses of the Exchange.

 

 

 

This bill would require the board to submit to the Department of Justice fingerprint images and related information of employees, prospective employees, contractors, subcontractors, volunteers, or vendors whose duties include or would include access to specified information for the purposes of obtaining prescribed criminal history information. The bill would require the board to require any services contract, interagency agreement, or public entity agreement, that includes or would include access to those types of information to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, and subcontractors who will have access to that information as part of their services contract, interagency agreement, or public entity agreement. The bill would require the department to forward to the Federal Bureau of Investigation (FBI) requests for federal summary criminal history information, and would require the department to review the information returned from the FBI and compile and disseminate a response to the board. The bill would require the department to charge a fee sufficient to cover the costs of processing requests pursuant to the bill.

 

 

 

This bill would declare that it is to take effect immediately as an urgency statute.

 

 

 

 

 

**** Regarding Immigration Issues: ****

 

 

 

** AB 35 — Hernandez: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_35&sess=1314

 

 

 

Assembly Bill No. 35

 

CHAPTER 571

 

An act to add Section 22449 to the Business and Professions Code, to amend Section 1264 of the Unemployment Insurance Code, and to add Section 13001 to the Vehicle Code, relating to childhood arrivals.

 

 

 

[Approved by Governor October 5, 2013. Filed with Secretary of State October 5, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 35, Roger Hernández. Deferred action for childhood arrivals.

 

 

 

(1) Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization.

 

 

 

Existing law provides for the regulation of immigration consultants by the Department of Consumer Affairs, the licensure and regulation of attorneys by the State Bar of California, and the commission of notaries public by the Secretary of State. A violation of certain of these provisions is a crime.

 

 

 

This bill would provide that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under the deferred action program. The bill also would prohibit immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. By expanding the definition of a crime, this bill would impose a state-mandated local program.

 

 

 

(2) Commencing January 1, 2013, state law provides that any federal document demonstrating favorable action by the federal government for acceptance of a person into this deferred action program shall satisfy specified requirements for the purposes of being authorized to receive an original driver’s license from the Department of Motor Vehicles, as described.

 

 

 

This bill would provide that these provisions also apply for the purposes of being authorized to receive a California identification card.

 

 

 

(3) Existing law provides for unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law establishes the Unemployment Fund, a continuously appropriated fund, for the receipt of employer contributions and the payment of employment compensation benefits. Existing law makes it a crime for a person to commit various acts, including making or signing a false statement or supplying false information in connection with obtaining unemployment benefits, as specified.

 

 

 

Existing law provides that unemployment compensation benefits, and other related benefits, as specified, shall not be payable on the basis of services performed by a person who is not a citizen of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed.

 

 

 

This bill would provide that, to the extent authorized by federal law, if a person has received a notice of decision from the federal government granting deferred action under the federal Deferred Action for Childhood Arrivals program and if that person performed the services while he or she was in receipt of a valid employment authorization from the federal government, he or she is a person who was lawfully present for purposes of performing the services and is eligible for unemployment compensation benefits, as specified.

 

 

 

(4) The bill would state that the provisions of the bill are declarative of existing law.

 

 

 

(5) 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.

 

 

 

 

 

** AB 60 — Assembly Member Alejo: **

 

:

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_60&sess=1314

 

 

 

Assembly Bill No. 60

 

CHAPTER 524

 

An act to amend, repeal, and add Sections 1653.5, 12800, 12801, and 12801.5 of, and to add Sections 12801.9, 12801.10, and 12801.11 to, the Vehicle Code, relating to driver’s licenses.

 

 

 

[Approved by Governor October 3, 2013. Filed with Secretary of State October 3, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 60, Alejo. Driver’s licenses: eligibility: required documentation.

 

 

 

(1) Existing law requires the Department of Motor Vehicles (DMV) to require an applicant for an original driver’s license or identification card to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. Existing law prohibits the department from issuing an original driver’s license or identification card to a person who does not submit satisfactory proof that his or her presence in the United States is authorized under federal law.

 

 

 

This bill would require the department to issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency. The bill would require the department to adopt emergency regulations, in consultation with appropriate interested parties, as prescribed, to implement those provisions, including identifying documents acceptable for the purposes of providing identity and California residency and procedures for verifying the authenticity of the documents. The bill would require the department to accept various types of documentation for this purpose. The bill would require a license issued pursuant to those provisions, including temporary licenses, to include on the front of the card a recognizable feature and a specified notice. The bill would authorize the department to modify these licenses if these licenses do not meet federal requirements. The bill would provide that information collected pursuant to those provisions is not a public record and shall not be disclosed by the department, except as required by law.

 

 

 

This bill would make it a violation of law to discriminate against an individual because he or she holds or presents a license issued under these provisions. The bill would require, on or before January 1, 2018, the California Research Bureau to compile and submit to the Legislature and the Governor a report that, among other things, includes instances when these licenses are used to discriminate against an individual. The bill would provide that a person applying for a license pursuant to these provisions may be required to pay, only until June 30, 2017, an additional fee to offset the reasonable administrative costs of implementing these provisions. The bill would make other technical and conforming changes.

 

 

 

(2) Existing law requires the department to require an application for a driver’s license to contain the applicant’s social security number and any other number or identifier determined to be appropriate by the department. Existing law authorizes an applicant who provides satisfactory proof that his or her presence in the United States is authorized under federal law, but who is not eligible for a social security number, to receive an original driver’s license if he or she meets all other requirements for licensure.

 

 

 

This bill would authorize an applicant who is unable to provide satisfactory proof that his or her presence in the United States is authorized under federal law to sign an affidavit attesting that he or she is both ineligible for a social security number and unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law in lieu of submitting a social security number. The bill would prohibit the use of this information to consider an individual’s citizenship or immigration status as a basis for a criminal investigation, arrest, or detention.

 

 

 

This bill would make these changes operative on January 1, 2015, or on the date the director of the department executes a specified declaration, whichever is sooner. The bill would make these provisions inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any of these provisions, or their application, are enjoined, found unconstitutional, or held invalid for any reason. The bill would require the department to post this information on its Internet Web site.

 

 

 

This bill would state that its provisions do not authorize an individual to apply for, or be issued, a commercial driver’s license without submitting his or her social security account number with his or her application.

 

 

 

 

 

** AB 524 — Assembly Member Mullin: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_524&sess=1314

 

 

 

Assembly Bill No. 524

 

CHAPTER 572

 

An act to amend Section 519 of the Penal Code, relating to immigrants.

 

 

 

[Approved by Governor October 5, 2013. Filed with Secretary of State October 5, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 524, Mullin. Immigrants: extortion.

 

 

 

Existing law defines extortion as the obtaining of property from another, with consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. Existing law further provides that fear sufficient to constitute extortion may be induced by certain threats, including a threat to accuse the threatened individual, or his or her relative or family, of a crime.

 

 

 

This bill would provide that a threat to report the immigration status or suspected immigration status of the threatened individual, or his or her relative or a member of his or her family, may also induce fear sufficient to constitute extortion. The bill would also specify that its provisions are intended to clarify existing law. By broadening the acts that constitute a crime, this bill would impose a state-mandated local program.

 

 

 

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.

 

 

 

 

 

**** Regarding Other Issues: ****

 

 

 

** AB 1266 — Assembly Member Ammiano: **

 

 

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1266&sess=1314

 

 

 

Assembly Bill No. 1266

 

CHAPTER 85

 

An act to amend Section 221.5 of the Education Code, relating to pupil rights.

 

 

 

[Approved by Governor August 12, 2013. Filed with Secretary of State August 12, 2013.]

 

LEGISLATIVE COUNSEL’S DIGEST

 

 

 

AB 1266, Ammiano. Pupil rights: sex-segregated school programs and activities.

 

 

 

Existing law prohibits public schools from discriminating on the basis of specified characteristics, including gender, gender identity, and gender expression, and specifies various statements of legislative intent and the policies of the state in that regard. Existing law requires that participation in a particular physical education activity or sport, if required of pupils of one sex, be available to pupils of each sex.

 

 

 

This bill would require that a pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.

 

 

 

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** (Map Was Made By ZachNews Using Google Earth) **

 

 

 

 

 

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