Bill Text: CA SB115 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Utilities Commission: Bagley-Keene Open Meeting

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-08-22 - Read third time and amended. (Page 6341.) Ordered to third reading. Re-referred to Com. on RLS. pursuant to Assembly Rule 97. [SB115 Detail]

Download: California-2013-SB115-Amended.html

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BILL NUMBER: SB 115	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 13, 2013

INTRODUCED BY   Senator Hill

                        JANUARY 16, 2013

   An act to amend Section  125290.40 of the Health and
Safety   7630 of the Family  Code, relating to
 stem cell research   par   ent and
child relationship  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 115, as amended, Hill.  Stem cell research: Independent
Citizen's Oversight Committee.   Parent and child
relationship.  
   Existing law, the Uniform Parentage Act, sets forth the
circumstances under which a man may be presumed to be the natural
father of a child. Under existing law, those circumstances include if
he receives the child into his home and openly holds out the child
as his natural child and if the child is in utero after the father's
death and specified conditions applicable with respect to determining
rights to the property to be distributed upon the death of the
decedent are satisfied. Existing law authorizes any interested party
to bring an action at any time for the purpose of determining the
existence or nonexistence of the father and child relationship that
is presumed under those circumstances. The Uniform Parentage Act also
provides that the donor of semen provided to a licensed physician
and surgeon or to a licensed sperm bank for use in artificial
insemination or in vitro fertilization of a woman other than the
donor's wife is treated in law as if he were not the natural father
of a child thereby conceived, unless otherwise agreed to in a writing
signed by the donor and the woman prior to the conception of the
child.  
   This bill would instead provide that notwithstanding the treatment
in law of the sperm donor under those circumstance, any interested
party may bring an action at any time for the purpose of determining
the existence or nonexistence of the father and child relationship
presumed under the previously described circumstances.  

   The California Stem Cell Research and Cures Act, an initiative
measure approved by the voters at the November 2, 2004, statewide
general election as Proposition 71, establishes the California
Institute for Regenerative Medicine, the purpose of which is, among
other things, to make grants and loans for stem cell research.
Existing law establishes the Independent Citizen's Oversight
Committee (ICOC), which is required to perform various functions and
duties with regard to the operation of the institute. Existing law
authorizes the ICOC to annually modify its funding and finance
programs to optimize the institute's ability to achieve the objective
that its activities be revenue-positive for the state during its
first 5 years of operation without jeopardizing the progress of its
core medical and scientific research program.  
   This bill would make a nonsubstantive change to that provision.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 7630 of the   Family
Code   is amended to read: 
   7630.  (a) A child, the child's natural mother, a man presumed to
be the child's father under subdivision (a), (b), or (c) of Section
7611, an adoption agency to whom the child has been relinquished, or
a prospective adoptive parent of the child may bring an action as
follows:
   (1) At any time for the purpose of declaring the existence of the
father and child relationship presumed under subdivision (a), (b), or
(c) of Section 7611.
   (2) For the purpose of declaring the nonexistence of the father
and child relationship presumed under subdivision (a), (b), or (c) of
Section 7611 only if the action is brought within a reasonable time
after obtaining knowledge of relevant facts. After the presumption
has been rebutted, paternity of the child by another man may be
determined in the same action, if he has been made a party.
   (b)  Any   Notwithstanding subdivision (b) of
Section 7613, any  interested party may bring an action at any
time for the purpose of determining the existence or nonexistence of
the father and child relationship presumed under subdivision (d) or
(f) of Section 7611.
   (c) Except as to cases coming within Chapter 1 (commencing with
Section 7540) of Part 2, an action to determine the existence of the
father and child relationship may be brought by the child or personal
representative of the child, the Department of Child Support
Services, the mother or the personal representative or a parent of
the mother if the mother has died or is a minor, a man alleged or
alleging himself to be the father, or the personal representative or
a parent of the alleged father if the alleged father has died or is a
minor.
   (d) (1) If a proceeding has been filed under Chapter 2 (commencing
with Section 7820) of Part 4, an action under subdivision (a) or (b)
shall be consolidated with that proceeding. The parental rights of
the presumed father shall be determined as set forth in Sections 7820
to 7829, inclusive.
   (2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under subdivision
(c) shall be consolidated with that proceeding. The parental rights
of the alleged natural father shall be determined as set forth in
Section 7664.
   (3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient basis
for a finding of substantial hardship. If the court determines there
is a substantial hardship, the consolidated action shall be heard in
the court in which the paternity action is filed.
   (e) (1) If any prospective adoptive parent who has physical
custody of the child, or any licensed California adoption agency that
has legal custody of the child, has not been joined as a party to an
action to determine the existence of a father and child relationship
under subdivision (a), (b), or (c), or an action for custody by the
alleged natural father, the court shall join the prospective adoptive
parent or licensed California adoption agency as a party upon
application or on its own motion, without the necessity of a motion
for joinder. A joined party shall not be required to pay a fee in
connection with this action.
   (2) If a man brings an action to determine paternity and custody
of a child who he has reason to believe is in the physical or legal
custody of an adoption agency, or of one or more persons other than
the child's mother who are prospective adoptive parents, he shall
serve his entire pleading on, and give notice of all proceedings to,
the adoption agency or the prospective adoptive parents, or both.
   (f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.
   (g) (1) In an action to determine the existence of the father and
child relationship brought pursuant to subdivision (b), if the child'
s other parent has died and there are no existing court orders or
pending court actions involving custody or guardianship of the child,
then the persons having physical custody of the child shall be
served with notice of the proceeding at least 15 days prior to the
hearing, either by mail or in any manner authorized by the court. If
any person identified as having physical custody of the child cannot
be located, the court shall prescribe the manner of giving notice.
   (2) If known to the person bringing the parentage action,
relatives within the second degree of the child shall be given notice
of the proceeding at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If a person identified
as a relative of the second degree of the child cannot be located,
or his or her whereabouts are unknown or cannot be ascertained, the
court shall prescribe the manner of giving notice, or shall dispense
with giving notice to that person.
   (3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the father and child relationship is heard. 
  SECTION 1.    Section 125290.40 of the Health and
Safety Code is amended to read:
   125290.40.  ICOC Functions
   The ICOC shall perform the following functions:
   (a) Oversee the operations of the institute.
   (b) Develop annual and long-term strategic research and financial
plans for the institute.
   (c) Make final decisions on research standards and grant awards in
California.
   (d) Ensure the completion of an annual financial audit of the
institute's operations.
   (e) Issue public reports on the activities of the institute.
   (f) Establish policies regarding intellectual property rights
arising from research funded by the institute.
   (g) Establish rules and guidelines for the operation of the ICOC
and its working groups.
   (h) Perform all other acts necessary or appropriate in the
exercise of its power, authority, and jurisdiction over the
institute.
   (i) Select members of the working groups.
   (j) Adopt, amend, and rescind rules and regulations to carry out
the purposes and provisions of this chapter, and to govern the
procedures of the ICOC. Except as provided in subdivision (k), these
rules and regulations shall be adopted in accordance with the
Administrative Procedure Act (Government Code, Title 2, Division 3,
Part 1, Chapter 4.5, Sections 11371 et seq.).
   (k) Notwithstanding the Administrative Procedure Act (APA), and in
order to facilitate the immediate commencement of research covered
by this chapter, the ICOC may adopt interim regulations without
compliance with the procedures set forth in the APA. The interim
regulations shall remain in effect for 270 days unless earlier
superseded by regulations adopted pursuant to the APA.
   (l) Request the issuance of bonds from the California Stem Cell
Research and Cures Finance Committee and loans from the Pooled Money
Investment Board.
   (m) May annually modify its funding and finance programs to
optimize the institute's ability to achieve the objective that its
activities be revenue-positive for the state during its first five
years of operation without jeopardizing the progress of its core
medical and scientific research program.
   (n) Notwithstanding Section 11005 of the Government Code, accept
additional revenue and real and personal property, including, but not
limited to, gifts, royalties, interest, and appropriations that may
be used to supplement annual research grant funding and the
operations of the institute.
   (o) Under the guidance of the ICOC, the institute shall create a
succession plan addressing changes in leadership of both the
institute and the ICOC designed to minimize disruption and adverse
impacts to the activities of the institute. A copy of the succession
plan shall be transmitted to the Governor, Controller, and the
Legislature within 30 days of its completion. The succession plan
should include, but is not limited to:
   (1) An assessment of leadership needs before beginning a search.
   (2) An outline of succession procedures.
   (3) Strategies to ensure successful knowledge transfer.