BILL NUMBER: AB 67	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly  Member   Nava
  Members   Nava   and Arambula 
    (   Principal coauthor:   Assembly Member
  Galgiani   ) 
    (   Coauthors:   Assembly Members 
 Beall,   Block,   Buchanan,  
Caballero,   Carter,   Conway,   Coto,
  Davis,   De Leon,   DeVore,  
Fong,   Gilmore,   Hagman,   Huber, 
 Bonnie Lowenthal,   Ma,   Mendoza,  
Monning,   John A. Perez,   Ruskin,  
Salas,   Saldana,   Audra Strickland,  
Swanson,   Torrico,   Tran,   and Villines
  ) 
    (   Coauthors:   Senators  
Alquist,   Ashburn,   Benoit,   Cogdill,
  Correa,   Cox,   DeSaulnier,  
Ducheny,   Florez,   Lowenthal,  
Maldonado,   Negrete McLeod,   Price,  
Romero,   Runner,   Strickland,   and
Walters   ) 

                        DECEMBER 10, 2008

    An act to add Chapter 8 (commencing with Section 20700)
to Division 20 of the Elections Code, relating to elections.
  An act to add Article 9 (commencing with Section
89280) to Chapter 2 of Part 55 of Division 8 of Title 3 of the
Education Code, relating to nursing degrees. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 67, as amended, Nava.  Elections: campaign
advertisements and communications.   California State
University: Doctor of Nursing Practice degree.  
   Existing law establishes the California State University and its
various campuses under the administration of the Trustees of the
California State University. Existing law requires the California
State University to offer undergraduate and graduate instruction
through the master's degree in the liberal arts and sciences and
professional education, including teacher education.  
   This bill would authorize the California State University to award
the Doctor of Nursing Practice degree. The bill would distinguish
the Doctor of Nursing Practice degree from the doctor of philosophy
degree offered at the University of California. The bill would
require the Doctor of Nursing Practice degree program to be designed
to enable professionals to earn the degree while working full time,
train nurses for advanced practice, and prepare clinical faculty to
teach in postsecondary nursing programs.  
   The bill would require initial funding to come from existing
budgets, without diminishing the quality of undergraduate programs or
reducing enrollment therein.  
   The bill would require the California State University to annually
report on the status of the Doctor of Nursing Practice degree
program, as specified.  
   Existing law generally makes actionable the use of libelous or
slanderous materials in campaign advertising and communications.
 
   This bill would prohibit a person, as defined, from knowingly
using the name, voice, signature, photograph, or likeness of a minor
in an advertisement or communication for or against a candidate or a
ballot measure without the written consent of the parent or legal
guardian of the minor, if the minor is under 12 years of age, or the
written consent of the minor, if the minor is 12 years of age or
older. The bill would provide that violation of this provision is
subject to a civil penalty for each instance in which the violating
advertisement or communication is aired or published, if a court
finds that the privacy interests of the minor outweigh the speech
interests of the person. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 9 (commencing with Section
89280) is added to Chapter 2 of Part 55 of Division 8   of
Title 3 of the   Education Code   , to read: 


      Article 9.  Doctor of Nursing Practice Degree


   89280.  The Legislature finds and declares all of the following:
   (a) The State of California faces an increasing nursing shortage
that jeopardizes the health and well-being of the state's citizens.
   (b) Colleges and universities need to expand nursing education
programs to prepare more nurses to meet the state's growing demand
for nurses. An estimated state shortage of 47,600 registered nurses
is expected by 2010, and by 2020 the shortage is projected to reach
116,600 according to the Governor's California Nurse Education
Initiative Annual Report, September 2006.
   (c) Well-trained nursing faculty and practitioners are critical to
the ability to expand nursing programs.
   (d) Because of the urgent need to prepare and graduate increased
numbers of nurses, it is the intent of the Legislature to grant the
California State University authority to offer the Doctor of Nursing
Practice degree, as an exception to the Master Plan for Higher
Education.
   89281.  (a) Notwithstanding Section 66010.4, in order to meet
specific nursing education needs in California, the California State
University may award the Doctor of Nursing Practice degree, as
described in this section.
   (b) The authority to award the Doctor of Nursing Practice degree
is limited to the discipline of nursing practice. The Doctor of
Nursing Practice degree offered by the California State University
shall be distinguished from the doctor of philosophy degree offered
at, or in conjunction with, the University of California.
   (c) The Doctor of Nursing Practice degree program offered by the
California State University shall focus on the preparation of
clinical faculty to teach in postsecondary nursing education programs
and may also train nurses for advanced nursing practice or nurse
leadership, or both. The degree program shall not replace or supplant
master's degree nursing programs offered, as of January 1, 2010, by
the California State University. The degree program shall be designed
to enable professionals to earn the degree while working full time.
   (d) A Doctor of Nursing degree program established by the
California State University is not exempt from any review and
approval processes, including those performed by the California
Postsecondary Education Commission.
   (e) In implementing subdivision (a), the California State
University shall comply with the following requirements:
   (1) Funding on a per full-time equivalent student (FTES) basis for
each new student in the degree program shall be within the
California State University's enrollment growth levels as agreed to
in the annual Budget Act. Enrollments in the degree program shall not
alter the California State University's ratio of graduate
instruction to total enrollment, and shall not diminish enrollment
growth in university undergraduate programs. Funding provided from
the state for each FTES shall be at the agreed-upon marginal costs
calculation that the California State University receives for
graduate enrollment.
   (2) The California State University shall provide any initial
funding needed for the degree program authorized by this article from
within existing budgets for academic programs support, without
diminishing the quality of program support offered to California
State University undergraduate programs. Funding for the degree
program shall not reduce undergraduate enrollments at the California
State University.
   89282.  If the California State University establishes a Doctor of
Nursing Practice degree program pursuant to Section 89281, the
university shall report on the status of the degree program to the
California Postsecondary Education Commission, the Legislative
Analyst's Office, and the appropriate budget subcommittees in each
house of the Legislature. The report shall be submitted annually,
prior to a legislative budget subcommittee hearing related to the
degree program.  
  SECTION 1.    Chapter 8 (commencing with Section
20700) is added to Division 20 of the Elections Code, to read:
      CHAPTER 8.  USE OF THE IMAGE OF A MINOR


   20700.  (a) A person shall not knowingly use the name, voice,
signature, photograph, or likeness of a minor in an advertisement or
communication for or against a candidate or a ballot measure without
prior written consent from either of the following:
   (1) The parent or legal guardian of the minor, if the minor is
under 12 years of age.
   (2) The minor, if he or she is 12 years of age or older.
   (b) A violation of subdivision (a) is subject to a civil penalty
of ten thousand dollars ($10,000) for each instance in which the
advertisement or communication is published or aired if a court of
competent jurisdiction finds that the privacy interests of the minor
whose identifying information was used in the advertisement or
communication outweigh the speech interests of the person who used
the identifying information of the minor in the advertisement or
communication.
   (c) For purposes of this chapter, the following terms have the
following meanings:
   (1) "Minor" has the same meaning as used in Section 6500 of the
Family Code.
   (2) "Person" has the same meaning as used in Section 20200.