State & local government employee unions

TopicBill numbersort iconAuthorInterest positionBecame law
An Act to Amend Section 1182.12 of the Labor Code, Relating to Wages. AB 10 (2013-2014) AlejoSupportYes
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… More
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. Hide
An Act to Add Section 31552.4 to the Government Code, and to Amend Section 101850 Of, and to Add Section 101851 To, the Health and Safety Code, Relating to the Alameda County Medical Center, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1008 (2013-2014) BuchananSupportYes
Existing law authorizes the board of supervisors of Alameda County to establish an independent hospital authority strictly and exclusively dedicated to the management, administration, and control of… More
Existing law authorizes the board of supervisors of Alameda County to establish an independent hospital authority strictly and exclusively dedicated to the management, administration, and control of the Alameda County Medical Center, and sets forth the powers and duties of the hospital authority, including, but not limited to, the power to contract for services required to meet its obligations. This bill would prohibit the hospital authority from entering into any contract with any private person or entity before January 1, 2024, to replace services being provided by physicians and surgeons who are employed by the hospital authority and in a recognized collective bargaining unit as of March 31, 2013, with services provided by a private person or entity without clear and convincing evidence that the needed medical care can only be delivered cost-effectively by a private contractor. The bill would require that the authority, prior to entering into a contract for any of those services, negotiate with the representative of the recognized collective bargaining unit of its physician and surgeon employees over the decision to privatize, and would require unresolved disputes to be submitted to final binding arbitration. Existing law establishes the hospital authority as a district for the purposes of providing retirement benefits under the County Employees Retirement Law of 1937 and provides that employees of the hospital authority are eligible to participate in the county employees’ retirement system to the extent permitted by law. Existing law establishes the Alameda County Employees’ Retirement Association as a retirement system pursuant to the provisions of the County Employees Retirement Law of 1937. This bill would limit the participation of certain employees of the hospital authority, including those who are employees of a facility that is acquired by, or merged into, the hospital authority, in the Alameda County Employees’ Retirement Association, subject to specified criteria. This bill would make legislative findings and declarations as to the necessity of a special statute for resolving the unique needs faced by the county with respect to the operation and administration of the medical center. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 2053.4 Of, and to Add Section 2053.5 To, the Penal Code, Relating to State Prisons. AB 1019 (2013-2014) AmmianoSupportYes
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to appoint a Superintendent of Correctional Education to oversee and administer all prison education programs,… More
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to appoint a Superintendent of Correctional Education to oversee and administer all prison education programs, set long-term and short-term goals for inmate literacy and testing, and establish priorities for prison education. Existing law also establishes the California Rehabilitation Oversight Board to review the mental health, substance abuse, educational, and employment programs for inmates of state prisons. This bill would require goals for career technical education to be set by the Superintendent of Correctional Education, and would establish factors that are required to be considered when establishing a career technical education program, including the demand for the skills being trained and the availability of employment in those fields. Hide
An Act to Amend Section 5406 Of, and to Add and Repeal Section 5406.7 Of, the Labor Code, Relating to Workers’ Compensation. AB 1035 (2013-2014) PerezSupportYes
Existing law specifies the time period within which various proceedings may be commenced under provisions of law relating to workers’ compensation. With certain exceptions, a proceeding to collect… More
Existing law specifies the time period within which various proceedings may be commenced under provisions of law relating to workers’ compensation. With certain exceptions, a proceeding to collect death benefits is required to be commenced within one year from several circumstances, including, but not limited to, from the date of death if it occurs within one year from the date of injury. However, no proceedings may be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury. This bill would, only until January 1, 2019, extend the time period to commence proceedings to collect death benefits, if the proceedings are brought by, or on behalf of, a person who was a dependent on the date of death, from 240 weeks from the date of injury to no later than 420 weeks from the date of injury, not to exceed one year after the date of death. This provision would apply only to a specified injury causing death, including cancer, tuberculosis, or a bloodborne infectious disease or methicillin-resistant Staphylococcus aureus skin infections, and would apply only to specified deceased members, including peace officers and active firefighting members. The bill would prohibit the payment of death benefits under these provisions under specified circumstances. Hide
An Act to Amend Section 830.5 of the Penal Code, Relating to Peace Officers. AB 1040 (2013-2014) WieckowskiSupportNo
Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to… More
Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the conditions of parole, probation, or postrelease community supervision of a person in the state on parole, probation, or postrelease community supervision, the escape of an inmate or ward from a state or local institution, the transportation of persons on parole, probation, or postrelease community supervision, and violations of law that are discovered while performing his or her duties. Existing law categorizes a probation officer as a peace officer who may carry firearms only if authorized by his or her employing agency, and under the terms and conditions specified by his or her employing agency. This bill would require the chief probation officer of each county to train and arm those probation officers and deputy probation officers who are assigned supervision of persons on probation or postrelease community supervision that are deemed high risk. The bill would require every county probation department to promulgate regulations consistent with these provisions. By imposing new duties on counties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 3301, 3312, 3331, and 3332 Of, and to Repeal and Add Section 3333 Of, the Food and Agricultural Code, Relating to Expositions and Fairs, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1069 (2013-2014) DickinsonSupportNo
Existing law provides for the California Exposition and State Fair as a separate, independent entity in the state government. Existing law provides that the governing body of the California… More
Existing law provides for the California Exposition and State Fair as a separate, independent entity in the state government. Existing law provides that the governing body of the California Exposition and State Fair shall be an 11-member board of directors. Existing law requires the board of directors to appoint a general manager, and to submit an annual report to the Legislature and the Governor, as specified. Existing law establishes 4-year terms for each member of the board of directors, and requires vacancies that occur during the term to be filled by the appointing authority, as specified, for the remainder of the term. Existing law sets forth the board of directors’ powers and duties, including, among others, the power to contract, and authorizes the board, with the approval of the Department of General Services, to purchase, acquire, or hold real or personal property. Existing law requires the board of directors to maintain an account at a financial institution to deposit funds received by the California Exposition and State Fair and specifies that all funds maintained in the account are continuously appropriated to the board, without regard to fiscal year, for purposes relating to the California Exposition and State Fair. This bill would require a director whose term has expired to continue to discharge his or her duties until a successor has been appointed. The bill would limit the costs and assessments of the California Exposition and State Fair to personnel costs and costs rendered pursuant to specified contracts entered into with other state agencies. The bill would revise the information the California Exposition and State Fair is required to report annually, and would require the information to be reported to the Governor only. The bill would require the California Exposition and State Fair’s books and accounts to be examined and reviewed annually and audited once every 5 years, as specified. The bill would revise the board of directors’ powers to appoint police to keep and preserve order and would require the board to delegate this power to officers and employees of the California Exposition and State Fair. The bill would revise the powers of the board of directors and Department of General Services with respect to real and personal property, and would specify that title, control, and possession of all personal property acquired, held, managed, or operated by the California Exposition and State Fair vests with the California Exposition and State Fair. The bill would also specify that the proceeds of any lease, sale, or other agreement shall become the property of the California Exposition and State Fair and shall be available to the fair, as specified. By increasing moneys in a continuously appropriated fund, the bill would make an appropriation. The bill would express various findings of the Legislature, and would revise a statement of the Legislature’s intent regarding the California Exposition and State Fair. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 7522.02 of the Government Code, Relating to Public Employees’ Retirement, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1222 (2013-2014) BloomSupportYes
The California Public Employees’ Pension Reform Act of 2013 (PEPRA), among other things, establishes new retirement formulas for employees first employed on or after January 1, 2013, which a public… More
The California Public Employees’ Pension Reform Act of 2013 (PEPRA), among other things, establishes new retirement formulas for employees first employed on or after January 1, 2013, which a public employer offering a defined benefit pension plan is prohibited from exceeding, requires those employees to contribute a specified percentage of the normal cost of the defined benefit plan, and prohibits public employers from paying an employee’s share of retirement contributions. PEPRA excepts certain retirement systems from its provisions. This bill would except from PEPRA public employees whose collective bargaining rights are subject to specified provisions of federal law until a specified federal district court decision on a certification by the United States Secretary of Labor, or his or her designee, or until January 1, 2015, whichever is sooner. The bill would also provide that if a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of PEPRA to those public employees precludes certification, those employees are excepted from PEPRA. The bill would authorize the Director of Finance to authorize a loan of up to $26,000,000 from the Public Transportation Account in the State Transportation Fund to be made to local mass transit providers in amounts equal to federal transportation grants not received due to noncertification from the federal Department of Labor, as specified. By providing for loans in the manner specified, this bill would make an appropriation. The bill would prescribe requirements regarding the disbursement of these funds. The bill would require a local transit provider to repay the loan based on the occurrence of certain contingencies or by January 1, 2019. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 113758, 113818, 113903, 113949.2, 113953.3, 113973, 114047, 114099.7, 114268, 114271, 114294, 114295, 114299, 114325, 114332.2, 114335, 114351, 114365, and 114365.2 Of, to Add Sections 113806, 113807, and 113975 To, and to Repeal and Add Section 113961 Of, the Health and Safety Code, Relating to Food Safety. AB 1252 (2013-2014) SupportYes
(1)Existing law, the California Retail Food Code, reestablishes uniform health and sanitation standards for retail food facilities, including mobile food facilities and temporary food facilities, by… More
(1)Existing law, the California Retail Food Code, reestablishes uniform health and sanitation standards for retail food facilities, including mobile food facilities and temporary food facilities, by the State Department of Public Health. Existing law provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. (2)The code requires a cottage food operation, as defined, to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales. Existing law requires a “Class A” cottage food operation to register with the local enforcement agency in accordance with specified provisions. Existing law defines a “direct sale” with respect to cottage food operations as a transaction between a cottage food operation operator and a consumer, as specified. This bill would redefine a “direct sale” for these purposes as a transaction within the state between a cottage food operation operator and a consumer, as specified. The bill would require a “Class A” cottage food operation to renew its registration annually. The bill would require a cottage food operator to retain a registration or permit or an accurate copy thereof onsite at the time of either direct or indirect cottage food sale. The bill would also make other related changes with respect to cottage food operations. (3)The code requires that all employees of food facilities thoroughly wash their hands before engaging in food preparation and before donning gloves for working with food. The code requires that employees wear gloves when contacting food and food-contact surfaces under certain conditions, including when they have cuts, sores, or rashes. The code also requires owners of food facilities and others, as specified, to require food employees to report to the person in charge if a food employee has a lesion or wound that is open or draining, as specified, unless the lesion is covered or protected. This bill would, among other things, revise the code to require handwashing when changing gloves, except as specified, and that employees wear single-use gloves, as specified, when contacting food and food-contact surfaces under the conditions described above. The bill would prohibit an employee who has a wound, as specified, that is open and draining from handling food, unless the wound is covered, as specified. The bill would make conforming changes to the reporting requirement described above. This bill would require food employees to wash their hands in accordance with specified provisions, and would prohibit food employees from contacting exposed, ready-to-eat food with their bare hands, except under specified circumstances. (4)The code requires that a mobile food facility have a water heater with a minimum capacity of 3 gallons, except as specified. This bill would increase the required minimum amount of capacity for a water heater on a mobile food facility to 4 gallons, or, if the facility only utilizes the water for handwashing purposes, require only 12 gallon, except as specified. The bill would make other changes relating to mobile food facilities. (5)The code requires that handwashing and utensil washing facilities approved by the enforcement officer be provided within nonprofit charitable temporary food facilities, except where food and beverage is prepackaged. This bill would authorize the local enforcement agency to allow a nonprofit charitable temporary food facility to provide an adequate supply of utensils and spare utensils when they have been properly washed and sanitized at an approved facility, under specified circumstances. (6)The code authorizes a warewashing sink to be shared by no more than 4 temporary food facilities that handle nonprepackaged food if the sink is centrally located and is adjacent to the sharing facilities. This bill would authorize the local enforcement agency to authorize up to 8 temporary food facilities to share a warewashing sink under specified circumstances, and would authorize the local enforcement agency to instead allow a temporary food facility to provide an adequate supply of utensils and spare utensils when they have been properly washed and sanitized at an approved facility, under specified circumstances. (7)The code requires a food facility to prevent the entrance and harborage of animals and prohibits a food employee from caring for or handling animals that may be present. The code permits a food employee with a service animal to handle or care for the service animal if the employee washes his or her hands as required. The code defines a service animal to mean a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. This bill would revise the definition of a “service animal” for purposes of the code to mean a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The definition would specifically exclude other species of animals, as specified. The bill would also define “highly susceptible population” and “hot dog” for purposes of the code and would make a clarifying change to the definition of “limited food preparation.” (8)By revising the standards that must be enforced by local health agencies and by expanding the scope of existing crimes, the bill would impose a state-mandated local program. (9)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. Hide
An Act to Add Chapter 13 (Commencing with Section 3599.50) to Division 4 of Title 1 of the Government Code, and to Add Article 4.6 (Commencing with Section 14146) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, Relating to Medi-Cal. AB 1263 (2013-2014) PerezSupportNo
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The… More
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides for increased administrative funding for translation and interpretation services provided in connection with the enrollment, retention, and use of services under the Medicaid Program. This bill would require the department to establish the Medi-Cal Patient-Centered Communication program (CommuniCal), to be administered by a 3rd-party administrator, to, commencing July 1, 2014, provide and reimburse for medical interpretation services to Medi-Cal beneficiaries who are limited English proficient (LEP). This bill would establish the CommuniCal Program Fund in the State Treasury, which would consist of moneys dedicated to the CommuniCal program, to be used upon appropriation by the Legislature to the department solely to fund the CommuniCal program. Existing law provides for the certification of administrative hearing interpreters and medical examination interpreters for purposes of administrative adjudications. This bill would require the department to be the certifying body for CommuniCal certified medical interpreters (CCMIs), and to authorize other interpreters meeting specified requirements, including a screening test, to provide CommuniCal services. The bill would require the department to (1) develop, monitor, and evaluate interpreter competency, qualifications, training, certification, and continuing education, (2) by September 1, 2014, approve an examination and certification process to test and certify the competency of medical interpreters, and (3) maintain a registry of those persons who meet the requirements to provide CommuniCal services. The bill would require the department to establish the Community Advisory Committee for purposes of assisting the department in the above-described tasks. The bill would also require the department to establish and charge fees that do not exceed reasonable costs for applicants to take any department-administered examinations and be certified or authorized and listed in the registry, and would require the department, in consultation with the Community Advisory Committee, to adopt quality standards and medical interpretation certification requirements through regulations. The Ralph C. Dills Act provides for employer-employee relations between the state and its employees, as specified, including, among other things, the right of state employees to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations, as specified. This bill would provide that CommuniCal interpreters would have the right to form, join, and participate in the activities of a labor organization of their own choosing for the purpose of representation of specified employer-employee matters. The bill would provide that CommuniCal interpreters would not be considered state employees for purposes of the bill, but would have the right to be represented by an exclusive labor organization of their own choosing for the purpose of collective bargaining with the state on matters of mutual concern, including their base reimbursement rate. The bill would provide that upon application by petition, authorization cards, or union membership cards of a labor organization adequately showing that a majority of CommuniCal interpreters in the state desire to be represented exclusively by that labor organization, and no other labor organization is currently certified as the exclusive representative, the Public Employment Relations Board shall certify and grant exclusive representation to that labor organization, and would establish other election procedures to be administered by that board. The bill would require that any agreement resulting from collective bargaining be legally binding upon the state and committed to writing, and would further require that, upon the completion of discussions and collective bargaining, any agreement be reduced to writing and be presented to the appropriate administrative, legislative, or other governing body in the form of a binding agreement, resolution, bill, law, or other form required for adoption. The bill would provide that, after the certification of a labor organization, the state shall approve and have deducted, upon authorization in the case of dues deduction, from the appropriate reimbursement or other payment to the members of the labor organization the monthly amount of dues or service fees as certified by an executive officer of the labor organization, and shall transmit the amount to the treasurer of the labor organization. Hide
An Act to Amend Section 3600.5 of the Labor Code, Relating to Workers’ Compensation. AB 1309 (2013-2014) PereaOpposeYes
Existing workers’ compensation law requires employers to secure the payment of workers’ compensation, including medical treatment, for injuries incurred by their employees that arise out of, or… More
Existing workers’ compensation law requires employers to secure the payment of workers’ compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law provides that an injury may be either “specific,” occurring as the result of one incident or exposure that causes disability or need for medical treatment, or “cumulative,” occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. Existing law provides that an employee who has been hired outside of this state and his or her employer are exempt from these provisions while the employee is temporarily within this state doing work for his or her employer if the employer has furnished workers’ compensation insurance coverage under the workers’ compensation insurance or similar laws of a state other than California, as specified. This bill would exempt an employee hired outside of this state and his or her employer from the occupational disease and cumulative injury provisions of this state’s workers’ compensation laws if (1) the employee is a professional athlete, defined, for purposes of these provisions, to include an athlete who is employed at the minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer, (2) that professional athlete is temporarily within this state doing work for his or her employer, and (3) the employer has furnished workers’ compensation insurance under the laws of the state other than California that covers the professional athlete’s employment while in this state, except as specified. This bill would deem a professional athlete to be temporarily within the state doing work for his or her employer if, during the 365 consecutive days immediately preceding the professional athlete’s last day of work for the employer within the state, the professional athlete performs less than 20% of his or her duty days, as defined, in the state. The bill would also exempt a professional athlete and his or her employer from the occupational disease or cumulative injury provisions of this state’s workers’ compensation laws when all of the professional athlete’s employers in his or her last year of work as a professional athlete are exempt from these provisions unless the professional athlete has, over the course of his or her professional athletic career, (1) worked for 2 or more seasons for a California-based team or teams, as defined, or worked 20% or more of his or her duty days in California or for a California-based team, and, (2) worked for fewer than 7 seasons for any team other than a California-based team. The bill would also state that it is the intent of the Legislature that the decision of the Workers’ Compensation Appeals Board in Wesley Carroll v. Cincinnati Bengals, et al. (2013) 78 Cal.Comp.Cases ____ (ADJ2295331) (WCAB En Banc) be limited to professional athletes, and would include other specified statements of legislative intent. The bill would provide that these changes apply to all pending claims for benefits filed on or after September 15, 2013, as specified. Hide
An Act to Amend Section 2154 of the Elections Code, Relating to Elections. AB 131 (2013-2014) WilliamsSupportYes
Under existing law, when a county elections official receives an affidavit of registration that does not include portions of information for which space is provided, the county elections official is… More
Under existing law, when a county elections official receives an affidavit of registration that does not include portions of information for which space is provided, the county elections official is required to apply several rebuttable presumptions. Those presumptions include the presumption that if the affiant fails to identify his or her state of birth within the United States, then it is presumed that the affiant was born in a state or territory of the United States if the affiant lists his or her birthplace as the United States, U.S.A., or other recognizable term designating the United States. This bill would provide that the affiant’s failure to furnish his or her place of birth shall not preclude his or her affidavit of registration from being deemed complete. Hide
An Act to Amend Section 594.6 of the Penal Code, Relating to Vandalism. AB 1325 (2013-2014) PerezSupportYes
Existing law makes every person who maliciously defaces with graffiti or other inscribed material, damages, or destroys any real or personal property not his or her own guilty of vandalism and… More
Existing law makes every person who maliciously defaces with graffiti or other inscribed material, damages, or destroys any real or personal property not his or her own guilty of vandalism and punishable by imprisonment, or fine, or both imprisonment and fine, as specified. Existing law further authorizes a court to impose, as a condition of probation, community service not to exceed 300 hours over a period not to exceed 240 days upon a person who has been convicted of vandalism or affixing graffiti or other inscribed material, as specified. This bill would extend the period of time a person has to complete his or her imposed hours of community service from 240 days to one year. Hide
An Act to Add Section 6254.31 to the Government Code, and to Add Title 14 (Commencing with Section 14350) to Part 4 of the Penal Code, Relating to Unmanned Aircraft Systems. AB 1327 (2013-2014) GorellOpposeNo
Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the… More
Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases. The bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within one year, except as specified. Unless authorized by federal law, the bill would prohibit a person or entity, including a public agency subject to these provisions, or a person or entity under contract to a public agency, for the purpose of that contract, from equipping or arming an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that is intended to cause bodily injury or death, or damage to, or the destruction of, real or personal property. The bill would make its provisions applicable to all public and private entities when contracting with a public agency for the use of an unmanned aircraft system. Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions. This bill would make certain images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, subject to disclosure. The bill would except from the disclosure requirements discussed above images, footage, data, and records obtained through the use of an unmanned aircraft system if disclosure would endanger the safety of a person involved in a criminal investigation, or would endanger the successful completion of the criminal investigation.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Hide
An Act to Amend Section 1250 Of, and to Add Section 1265.9 To, the Health and Safety Code, and to Amend Sections 4100 and 7200 Of, and to Add Sections 4142.5 and 4143 To, the Welfare and Institutions Code, Relating to Mental Health. AB 1340 (2013-2014) AchadjianSupportNo
Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons. These hospitals are under the jurisdiction of the State Department of State Hospitals,… More
Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons. These hospitals are under the jurisdiction of the State Department of State Hospitals, which is authorized by existing law to adopt regulations regarding the conduct and management of these facilities. Existing law requires each state hospital to develop an incident reporting procedure that can be used to, at a minimum, develop reports of patient assaults on employees and assist the hospital in identifying risks of patient assaults on employees. Existing law provides for the licensure and regulation of health facilities, including acute psychiatric hospitals, by the State Department of Public Health. A violation of these provisions is a crime. This bill would, commencing July 1, 2015, and subject to available funding, authorize the State Department of State Hospitals to establish and maintain enhanced treatment pilot programs (ETPs), as defined, for the treatment of patients who are at high risk of most dangerous behavior, as defined, and when treatment is not possible in a standard treatment environment. The bill would require, until January 1, 2018, that an ETP meet the licensing requirements of an acute psychiatric hospital, except as specified. The bill would authorize a state hospital psychiatrist or psychologist to refer a patient to an ETP for temporary placement and risk assessment upon a determination that the patient may be at high risk for most dangerous behavior. The bill would require the forensic needs assessment panel (FNAP) to conduct a placement evaluation to determine whether the patient clinically requires ETP placement and ETP treatment can meet the identified needs of the patient. The bill would also require a forensic needs assessment team (FNAT) psychologist to perform an in-depth violence risk assessment and make a treatment plan upon the patient’s admission to an ETP. The bill would require the FNAP to conduct a treatment placement meeting with specified individuals prior to the expiration of 90 days from the date of placement in the ETP to determine whether the patient may return to a standard treatment environment or the patient clinically requires continued ETP treatment. If the FNAP determines that the patient clinically requires continued ETP treatment, the bill would require the FNAP to certify the patient for further ETP treatment for one year, subject to FNAP reviews every 90 days, as specified. The bill would require the FNAP to conduct another treatment placement meeting prior to the expiration of the one-year certification of ETP placement to determine whether the patient may return to a standard treatment environment or be certified for further ETP treatment for another year. Because this bill would create a new crime, it imposes 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. Hide
An Act to Amend Sections 1967.2 and 1967.3 Of, and to Add Section 1967.35 To, the Streets and Highways Code, and to Amend Section 2 of Chapter 317 of the Statutes of 2008, Relating to Transportation, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 141 (2013-2014) AmmianoSupportNo
Existing law, the Treasure Island Transportation Management Act, authorizes the Board of Supervisors of the City and County of San Francisco to designate a board or agency to act as the … More
Existing law, the Treasure Island Transportation Management Act, authorizes the Board of Supervisors of the City and County of San Francisco to designate a board or agency to act as the transportation management agency for Treasure Island, defined to also include Yerba Buena Island. The act authorizes the transportation management agency, pursuant to the terms of a resolution or ordinance adopted by the board of supervisors, to recommend an initial fee structure for congestion pricing fees to be adopted by the board of supervisors and the San Francisco County Transportation Authority, and to adopt on-street and off-street parking fees, fines, and penalties, and other parking-related revenues and a transit pass fee structure for Treasure Island. The act specifies the powers and duties of the agency on these and other related matters, including the adoption and administration of a transportation program, the collection and use of revenues generated from those fees, and coordination with the San Francisco Municipal Transportation Agency. This bill would rename the Treasure Island Transportation Management Agency as the Treasure Island Mobility Management Agency and would authorize the board of supervisors to revise or revoke this designation of the transportation management agency and designate a new board or agency to act as the transportation management agency at any time. The bill would provide that the transportation management agency is an independent and autonomous public agency governed by the board of the transportation authority, as designated by the board of supervisors on April 1, 2014, or by any future revised governance as designated by the board of supervisors, and is a separate and distinct legal entity responsible for its own obligations, debts, and liabilities and not for the obligations, debts, or liabilities of any other agency or entity. The bill would authorize the transportation management agency to do all acts under its own name that are necessary or convenient for the exercise of its designated powers and the financing of projects, as specified, and would require the agency to adopt an annual budget.This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 11323.4 and 11450 Of, and to Add and Repeal Chapter 4.7 (Commencing with Section 18288) of Part 6 of Division 9 Of, the Welfare and Institutions Code, Relating to Public Social Services. AB 1516 (2013-2014) GonzalezSupportNo
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using… More
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients. This bill would require that an additional young child special needs supplement be paid in the amount of $80 per month to a child who is under 2 years of age in an assistance unit, and that this amount be adjusted annually to reflect changes in the cost of living. The bill would require the State Department of Social Services to implement this provision through an all-county letter or similar instruction by April 1, 2015, and through regulations by July 1, 2016. Existing law provides that necessary supportive services shall be available to every participant in the CalWORKs program, including child care, as specified. This bill would give participants the option to request supportive services through the Internet Web site of the county if the county is capable of accepting those requests through its Internet Web site. If the county is not capable of accepting requests through its Internet Web site, the bill would require the county to accept those requests in the manner necessary to ensure that participants are able to request the supportive services they need. By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. This bill would also, until January 1, 2019, create the Unmet Diaper Need Financing Fund in the State Treasury and would require that moneys in the fund, upon appropriation by the Legislature, be distributed by the State Department of Public Health to entities that serve low-income children, as specified, and have identified dollar-for-dollar matching funding. The bill would require that money distributed to those entities be used for the purpose of meeting the unmet diaper needs of the communities served by the entities. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Section 226 Of, and to Add Article 1.5 (Commencing with Section 245) to Chapter 1 of Part 1 of Division 2 Of, the Labor Code, Relating to Employment. AB 1522 (2013-2014) GonzalezSupportNo
Existing law authorizes employers to provide their employees paid sick leave. This bill would enact the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who on or after… More
Existing law authorizes employers to provide their employees paid sick leave. This bill would enact the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who on or after July 1, 2015, works in California for 30 or more days in a calendar year is entitled to paid sick days, to be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th calendar day of employment. The bill would authorize an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each calendar year. The bill would require an employer to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee’s family member, or for leave related to domestic violence, sexual assault, or stalking. The bill would prohibit an employer from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements. The bill would define terms for those purposes and make conforming changes. The bill would require the Labor Commissioner to administer and enforce these requirements, including the promulgation of regulations, and the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner or the Attorney General to recover specified civil penalties against an offender on behalf of the aggrieved, as well as attorney’s fees, costs, and interest. The bill would specify that it does not apply to employees covered by a collective bargaining agreement that provides for paid sick days, nor lessen any other obligations of the employer to employees. The bill would not apply to employees in the construction industry covered by a collective bargaining agreement if the agreement contains specified terms and was either entered into before January 1, 2015, or expressly waives the requirements of the bill in clear and unambiguous terms. The bill would apply to certain public authorities established to deliver in-home supportive services, except where a collective bargaining agreement provides for an incremental wage increase sufficient to satisfy the bill’s requirements for accrual of sick days. Hide
An Act to Add Section 20005 to the Vehicle Code, Relating to Accidents. AB 1532 (2013-2014) GattoSupportNo
Existing law requires a driver involved in an accident resulting only in damage to property to, among other things, immediately stop the vehicle at the nearest location that will not impede traffic… More
Existing law requires a driver involved in an accident resulting only in damage to property to, among other things, immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. A violation of these provisions is a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $1,000, or both. This bill would provide that a driver of a vehicle involved in an accident where a person is struck shall immediately stop the vehicle at the scene of the accident and provide specified information including, but not limited to, his or her name and current residence address. A violation of these provisions would be either an infraction, punishable by a fine not exceeding $250, or a misdemeanor, punishable by imprisonment in the county jail for 6 months, or by a fine not exceeding $1,000, or by both, and the Department of Motor Vehicles would be required to immediately suspend the driver’s license of a convicted driver for 6 months. Because these changes would have the effect of expanding the scope of an existing 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. Hide
An Act to Add Chapter 5.3 (Commencing with Section 42280) to Part 3 of Division 30 Of, and to Repeal Section 42289 Of, the Public Resources Code, Relating to Solid Waste. AB 158 (2013-2014) LevineSupportNo
Existing law, until January 1, 2020, requires an operator of a store, as defined, to establish an at-store recycling program that provides to customers the opportunity to return clean plastic… More
Existing law, until January 1, 2020, requires an operator of a store, as defined, to establish an at-store recycling program that provides to customers the opportunity to return clean plastic carryout bags to that store. With specified exceptions, this bill, as of January 1, 2015, would prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores to meet other specified requirements regarding providing recycled paper bags and compostable bags to customers. The bill would require these stores to make reusable grocery bags available to customers. The bill would, on and after July 1, 2016, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores. The bill, beginning January 1, 2016, would require reusable grocery bags that are sold or provided to a store by a reusable grocery bag producer meet specified requirements, and would require a producer to provide an independent certification to the Department of Resources Recycling and Recovery that the bags meet the requirements, and to pay a specified fee. The bill would require the department to deposit all penalties collected for violations of these requirements into the Reusable Bag Account, which would be established by the bill in the Integrated Waste Management Fund. The bill would require that moneys in the account be expended by the department, upon appropriation by the Legislature, to implement these requirements.The bill would allow a city, county, or city and county, or the state to impose civil penalties for a violation of the bill’s requirements, except for the certification requirements. The bill would require these civil penalties to be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action, and would allow the penalties collected by the Attorney General to be expended by the Attorney General, upon appropriation by the Legislature, to enforce the bill’s provisions. The bill would provide that these remedies are not exclusive, as specified.This bill would prohibit enforcement and implementation of local ordinances and other local regulations on this subject that were enacted on or after January 1, 2014, as specified. Hide
An Act to Amend, Repeal, and Add Sections 1296, 44910, 44929.21, and 44929.23 of the Education Code, Relating to School Employees. AB 1619 (2013-2014) GonzalezSupportNo
(1)Existing law, for a county superintendent of schools with schools and classes with an average daily attendance of 250 or more pupils, authorizes the county superintendent of schools to classify… More
(1)Existing law, for a county superintendent of schools with schools and classes with an average daily attendance of 250 or more pupils, authorizes the county superintendent of schools to classify an employee in a teaching position requiring certification qualifications who completes 2 consecutive school years as a permanent employee in qualified positions, in accordance with specified procedures and notice requirements. This bill, on and after July 1, 2015, would instead authorize a county superintendent of schools to classify a person employed in a nonsupervisory, nonmanagement position requiring certification qualifications for 2 consecutive school years, whose salary is paid from the county school service fund, as a permanent employee, and would specify that the provisions relating to probation, the attainment of permanent status, and dismissal that are otherwise applicable to employees of school districts with an average daily attendance of 250 or more pupils, are applicable to employees of county superintendents of schools, unless otherwise provided. (2)Existing law, for a school district having an average daily attendance of 250 or more pupils, authorizes the governing board of the school district to classify a certificated employee as a permanent employee if he or she completes 2 consecutive school years of employment, as specified, in accordance with specified procedures and notice requirements. This bill, on and after July 1, 2015, would make those provisions applicable only to those certificated employees in nonsupervisory, nonmanagement positions. (3)Existing law, for a school district having an average daily attendance of less than 250 pupils, authorizes the governing board of the school district to classify a certificated employee as a permanent employee if he or she completes 3 consecutive school years of employment, as specified, in accordance with specified procedures and notice requirements. This bill, on and after July 1, 2015, would make those provisions applicable only to certificated employees in nonsupervisory, nonmanagement positions. The bill, on and after July 1, 2015, would make those provisions applicable to certificated employees in nonsupervisory, nonmanagement positions who are employed by county offices of education having an average daily attendance of less than 250 pupils. The bill would specify that the provisions relating to probation, the attainment of permanent employment status, and dismissal that are otherwise applicable to employees of school districts having an average daily attendance of less than 250 pupils, are applicable to the employees of county offices of education having an average daily attendance of less than 250 pupils, unless otherwise provided. (4)Existing law authorizes the establishment of regional occupational centers or programs to provide career technical education and technical training to students. Existing law requires instruction in those centers or programs to only be given by a qualified teacher holding a certificate, as provided, but prohibits service by a person as an instructor in classes conducted at regional occupational centers or programs from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. This bill, on and after July 1, 2015, would instead provide service by a person as an instructor in classes conducted at regional occupational centers or programs shall be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district.(5)This bill would make conforming and related changes, and would set forth applicable provisions for school employees who are subject to the provisions specified above and are employed at the time the provisions of the bill become operative. Hide
An Act to Amend Section 12811 Of, and to Add Section 14901.1 To, the Vehicle Code, Relating to Driver’s Licenses. AB 1637 (2013-2014) FrazierSupportNo
(1)Under existing law, when the Department of Motor Vehicles determines that an applicant is lawfully entitled to a driver’s license, the department is required to issue that license to the… More
(1)Under existing law, when the Department of Motor Vehicles determines that an applicant is lawfully entitled to a driver’s license, the department is required to issue that license to the applicant. Existing law specifies the contents of a driver’s license and requires the application for a driver’s license or identification card to contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans’ benefits. This bill would, commencing November 11, 2015, allow an applicant for a driver’s license or identification card to allow a person to request the driver’s license or identification card be printed with the word “VETERAN.” The applicant would be required to present to the Department of Motor Vehicles, on a form developed jointly by the Department of Veterans Affairs and the Department of Motor Vehicles, proof of veteran status. The bill would require county veterans service offices to verify an applicant’s veteran status for these purposes, as specified. The department would be required to print the word “VETERAN” on the face of a driver’s license or identification card issued to a person who makes that request and presents that verification to the department. (2)Existing law establishes certain fee amounts for the applications for, and renewal of, driver’s licenses and identification cards. This bill would authorize the department to charge an additional fee in an unspecified amount to a person who requests that the person’s driver’s license or identification card be designated as provided above. Hide
An Act to Amend Section 48321 of the Education Code, Relating to Pupil Attendance. AB 1643 (2013-2014) BuchananSupportNo
(1)Existing law authorizes the establishment of county and local school attendance review boards that may promote the use of alternatives to the juvenile court system if available public and private… More
(1)Existing law authorizes the establishment of county and local school attendance review boards that may promote the use of alternatives to the juvenile court system if available public and private services are insufficient or inappropriate to correct school attendance or school behavior problems, and specifies the membership of each school attendance review board. Existing law provides that any minor pupil who is a habitual truant, is irregular in attendance at school, or is habitually insubordinate or disorderly during attendance at school may be referred to a school attendance review board. This bill would require, rather than authorize, the establishment of a county school attendance review board in each county, and would authorize a county school attendance review board to accept referrals or requests for hearing services from one or more school districts within its jurisdiction. The bill would set forth the purposes of a county school attendance review board, including, among other things, to develop guidelines, policies, or programs to administer the county school attendance review board and to advise the local school attendance review boards. The bill would authorize a county school attendance review board to be operated through a consortium or partnership of a county with one or more school districts or between 2 or more counties. The bill would add representatives from at least one county district attorney’s office and one county public defender’s office to both county and local school attendance review boards, as specified.(2)Existing law requires the county superintendent of schools, if a county school attendance review board exists, to convene a meeting of the county school attendance review board at the beginning of each school year, as provided. This bill would instead require a county school attendance review board to meet at the beginning of each school year to develop guidelines and policies and adopt plans, as specified, and to meet at least 3 additional times each school year for specified purposes including, among others, assessing the effectiveness of services and supports provided by its school attendance review boards. The bill would specify that, for purposes of conducting hearings, the county school attendance review board is required to meet as needed, and would further authorize the county school attendance review board to determine the members needed at those hearings, as specified.(3)Existing law authorizes a county school attendance review board to provide consultant services to, and coordinate the activities of, local school attendance review boards, as provided.This bill would instead require a county school attendance review board to provide guidance to local school attendance review boards.(4)This bill would also make conforming and nonsubstantive changes.(5)By imposing new duties on local officials, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Section 48273 of the Education Code, Relating to Pupil Attendance. AB 1672 (2013-2014) HoldenSupportNo
Existing law authorizes the establishment of county and local school attendance review boards, and authorizes a school district to refer a pupil to a school attendance review board or the probation… More
Existing law authorizes the establishment of county and local school attendance review boards, and authorizes a school district to refer a pupil to a school attendance review board or the probation department for, among other things, truancy. Existing law, under specified circumstances, authorizes a school attendance review board or probation officer to direct the county superintendent of schools to request a petition on behalf of the pupil in the juvenile court of the county. Existing law requires the governing board of a school district to adopt rules and regulations to require appropriate officers and employees of the school district to gather and transmit to the county superintendent of schools the number and types of referrals to school attendance review boards and of requests for petitions to the juvenile court. This bill would instead require the governing board of each school district that has established a local school attendance review board to adopt rules and regulations to require appropriate officers and employees of the school district to gather and transmit that information for the prior school year to the county superintendent of schools and the Superintendent of Public Instruction, by September 15 of every year, and would expand the information required to be gathered and submitted to include, among other things, the number and percentage of chronic absentees in the school district, the number of pupils referred to a school attendance review board who improved their attendance, and the number of pupils and parents or guardians referred to community services, as specified. The bill would require the information to be disaggregated by specified subgroups, including gender, ethnicity, and foster youth status. The bill would require a county office of education to make available on its Internet Web site, if one is available, certain reports and information received from school attendance review boards. By imposing additional requirements on local educational agencies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 32000, 32100, and 32110 of the Penal Code, Relating to Unsafe Handguns. AB 169 (2013-2014) DickinsonSupportNo
(1)Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes… More
(1)Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law provides that the provisions defining and governing unsafe handguns do not apply to the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer or to the delivery of a firearm to a licensed dealer for purposes of a consignment sale or as collateral for a pawnbroker loan. This bill would limit these exemptions to a maximum of 2 firearms per person, per calendar year, and would make the provisions defining and governing unsafe handguns inapplicable to the surrender of any pistol, revolver, or other firearm capable of being concealed upon the person to a local law enforcement agency. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2)Existing law makes the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol, as specified. This bill would instead make the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol with a break top or bolt action. The bill would make this exemption inapplicable to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3)Existing law exempts the purchase of a handgun from the above prohibition on manufacturing, importing, selling, giving, or lending an unsafe handgun if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, a district attorney’s office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This bill would prohibit a person exempted under the above provision from selling or otherwise transferring the ownership of the handgun to a person who is not exempted under the same provision unless the transaction is exempt from the requirement to complete the transaction through a licensed dealer. By expanding the definition of a crime, this bill would impose a state-mandated local program. (4)The bill would also make nonsubstantive, technical corrections. (5)This bill would incorporate additional changes to Section 32000 of the Penal Code proposed by SB 363 that would become operative if this bill and SB 363 are both enacted and this bill is enacted last. (6)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. Hide
An Act to Amend Sections 16970, 31000, 31110, and 32650 of the Penal Code, Relating to Assault Weapons and .50 BMG Rifles. AB 170 (2013-2014) BradfordSupportYes
Existing law, subject to exceptions, generally prohibits the possession of an assault weapon or a .50 BMG rifle, as defined. Violation of these prohibitions is a criminal offense. Existing law… More
Existing law, subject to exceptions, generally prohibits the possession of an assault weapon or a .50 BMG rifle, as defined. Violation of these prohibitions is a criminal offense. Existing law requires a person who wishes to acquire an assault weapon or .50 BMG rifle to obtain a permit from the Department of Justice. Existing law defines “person” as an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created, for these permit purposes and other purposes related to the regulation of assault weapons and .50 BMG rifles. Existing law requires a permit to possess a machinegun. Violation of these provisions is a criminal offense. This bill would limit “person” to an individual for those permit purposes for assault weapons, .50 BMG rifles, and machineguns, and other purposes related to the regulation of assault weapons and .50 BMG rifles. The bill would, among other things, except application of that definition from provisions that generally prohibit the manufacture, distribution, transportation, importation, keeping for sale, offering for sale, exposing for sale, giving, or lending, of an assault weapon or .50 BMG rifle. The bill would make additional conforming changes, including changes relating to annual inspections, for security and safe storage purposes, of certain permitees possessing assault weapons or .50 BMG rifles, as specified. By changing provisions of law regulating the acquisition of assault weapons and .50 BMG rifles, the violation of which is 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. Hide
An Act to Add Section 14105.197 to the Welfare and Institutions Code, Relating to Health Care Services. AB 1759 (2013-2014) PanSupportNo
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The… More
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law requires the director of the department to prescribe policies regarding the Medi-Cal program, including polices regarding rates of payment for health care services. This bill would require the department to contract with an independent entity for purposes of conducting an independent assessment of Medi-Cal provider reimbursement rates, access to care, and the quality of care received in the Medi-Cal program, reflecting the variety of providers and services offered in the program. The bill would exempt contracts entered into pursuant to these provisions from generally applicable provisions of law governing contracts for the acquisition of goods and services by state entities. The bill would also require the director to annually review the findings and recommendations of that assessment and suggest adjustments to the reimbursement rates as necessary to ensure that quality and access in the Medi-Cal fee-for-service program and in Medi-Cal managed care plans are adequate to meet applicable state and federal standards. The bill would require that the findings and recommendations of the independent assessment and the director’s suggested adjustments to provider reimbursement rates be submitted to the Legislature annually as part of the Governor’s Budget. The bill would also create an advisory committee composed of 16 members appointed by the Governor and the Legislature, as specified, to provide input on the selection of the independent entity and the work of the independent entity. The bill would require the advisory committee to meet periodically with the independent entity selected and provide input on the assessment conducted pursuant to the bill’s provisions. The bill would require meetings of the advisory committee to be open. Hide
An Act to Amend Section 19635 of the Government Code, Relating to Public Employees. AB 1783 (2013-2014) Jones-SawyerSupportNo
Existing law requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline,… More
Existing law requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. Existing law provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification. This bill would, beginning January 1, 2016, require that notice of any adverse action for discipline, other than for fraud, embezzlement, or falsification of records, be served and the investigation completed within 2 years after the time the discovery of the cause for discipline arose. Hide
An Act to Add Section 13084 to the Government Code, to Amend Section 1095 of the Unemployment Insurance Code, and to Add Section 11026.5 to the Welfare and Institutions Code, Relating to Public Benefits. AB 1792 (2013-2014) GomezSupportNo
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits. The… More
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits. The Medi-Cal program is governed, in part, by federal Medicaid provisions. Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP), under which each county distributes nutrition assistance benefits provided by the federal government to eligible households. In California, federal nutrition assistance benefits are administered through CalFresh. Existing law requires that the eligibility of households be determined to the extent permitted by federal law, and requires the State Department of Social Services to establish a program of categorical eligibility for CalFresh in accordance with federal law. Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. This bill would require the State Department of Health Care Services and the State Department of Social Services to annually inform the Employment Development Department of the names and social security numbers of all recipients of the above-described public assistance programs. The bill would require these departments to determine the average per individual cost to the state to provide the benefits of each of these public assistance programs and inform the Employment Development Department and the Department of Finance of these costs. The bill would require the Department of Finance to collaborate with these departments and the Employment Development Department to determine the total cost to the state of the aggregated public assistance provided to each identified employer’s employees under each public assistance program and the total cost to the state of the aggregated benefits provided to each identified employer’s employees. The bill would define an employer as an individual or organization that employs 50 or more beneficiaries of the above-described public assistance programs. The bill would also require the Department of Finance to, after obtaining specified information from the Employment Development Department, annually transmit to the Legislature and post on the department’s Internet Web site a report no later than April 15 of each year that, among other things, identifies employers that employ 50 or more beneficiaries in the state. Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law permits the use of the information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor. This bill would require the Director of Employment Development to permit the use of specified information in his or her possession by the Department of Finance to prepare and submit the above-described report. By requiring this information to be provided to the Department of Finance for these purposes, this bill would expand the crime of unauthorized access, use, or disclosure of this information, and would impose a state-mandated local program. This bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who enrolls in a public assistance program and from refusing to hire a beneficiary for reason of being enrolled in a public assistance program. This bill would prohibit an employer from disclosing to a nongovernmental entity that an employee receives or is applying for public benefits. 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. Hide
An Act to Add Section 396 to the Insurance Code, Relating to Insurance. AB 1804 (2013-2014) PereaSupportNo
Existing law requires an insurance policy to specify certain information, including, but not limited to, the parties to the contract, the property or life insured, the risks insured against, premium,… More
Existing law requires an insurance policy to specify certain information, including, but not limited to, the parties to the contract, the property or life insured, the risks insured against, premium, and the coverage period. This bill, commencing January 1, 2016, and with regard to private passenger automobile insurance that provides coverage for 6 months or longer, specified residential property insurance, and policies of individual disability income insurance that are issued and take effect or that are renewed on or after January 1, 2016, would require an insurer to maintain a verifiable delivery process or adopt a procedure that allows an applicant or policyholder to designate one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium, as specified. The bill would prohibit an insurance policy from lapsing or being terminated for nonpayment of premium unless the insurer, at least 10 days prior to the effective date of the lapse, termination, expiration, nonrenewal, or cancellation, gives notice, as provided, to the individual designated, if any, at the address provided by the policyholder for these purposes. The bill would specify that an individual designated by a policyholder does not have any rights, whether as an additional insured or otherwise, to any benefits under the policy, other than the right to receive the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. Hide
An Act to Add Section 14105.194 to the Welfare and Institutions Code, Relating to Medi-Cal, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1805 (2013-2014) SkinnerSupportNo
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The… More
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. This bill would, instead, prohibit the application of those reductions for payments to providers for dates of service on or after June 1, 2011. The bill would also require payments for managed care health plans for dates of service following the effective date of the bill to be determined without application of some of those reductions. The bill would require the Director of Health Care Services to implement this provision to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for those payments. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 23036 Of, to Add Sections 38.9, 17053.95, and 23695 To, and to Repeal and Amend Section 6902.5 Of, the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 1839 (2013-2014) GattoOpposeNo
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit against those taxes for taxable years beginning on or after… More
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit against those taxes for taxable years beginning on or after January 1, 2011, in an amount equal to an applicable percentage of either 20% or 25%, respectively, of the qualified expenditures, as defined, attributable to the production of a qualified motion picture in California, or, where the qualified motion picture is a television series that relocated to California or is an independent film, as provided. Existing law imposes specified duties on the California Film Commission related to the administration of the credits, including a requirement to allocate the tax credits until July 1, 2017, and limits the aggregate amount of credits that may be allocated to qualified motion pictures in any fiscal year to $100,000,000 through the 2016–17 fiscal year. Existing law, for taxable years beginning on or after January 1, 2011, in lieu of the credits authorized under the Personal Income Tax Law and the Corporation Tax Law for qualified motion pictures described above, also allows a credit against qualified state sales and use taxes, as provided. Existing law, including the Corporation Tax Law, provides for a tentative minimum tax and further provides that, except for specified credits, no other credit shall reduce the tax imposed below the tentative minimum tax. This bill would establish similar credits under the Personal Income Tax Law and the Corporation Tax Law for taxable years beginning on or after January 1, 2016, to be allocated by the California Film Commission on and after January 1, 2015, and before July 1, 2021. This bill would, as compared to the existing tax credits, extend the scope of the credits for a qualified motion picture to the applicable percentage of qualified expenditures up to $100,000,000, would extend the credit to qualified expenditures for television pilot episodes, qualified expenditures for qualified visual effects, and qualified expenditures relating to music scoring and music track recording by musicians, would provide limited credit allocation priority for specified television series, and would determine an applicable percentage of 25% or 20% for qualified expenditures for television series relocating to California based on the number of years the series has received the credit since relocation to California and where in California photography occurs. This bill would limit the aggregate amount of these new credits to be allocated in each fiscal year to an unspecified amount, and would also set aside specific credit allocation amounts for each fiscal year for independent films and for television series that relocate to California. This bill would, for taxable years beginning on or after January 1, 2016, in lieu of the credits authorized under the Personal Income Tax Law and the Corporation Tax Law for qualified motion pictures described above, allow a credit against qualified state sales and use taxes, as provided. This bill would also require the Legislative Analyst’s Office to prepare reports related to the effectiveness and administration of the qualified motion picture credit under the Sales and Use Tax Law, the Personal Income Tax Law, and the Corporation Tax Law. This bill would, for taxable years, beginning on or after January 1, 2016, additionally allow the credit under the Corporation Tax Law for qualified expenditures for the production of qualified motion pictures to reduce the tentative minimum tax. The bill would state that its provisions are severable. This bill would take effect immediately as a tax levy. Hide
An Act to Amend Section 60901 of the Education Code, Relating to Pupil Attendance. AB 1866 (2013-2014) BocanegraSupportNo
(1)Existing law establishes the California Longitudinal Pupil Achievement Data System, as provided. Existing law requires the State Department of Education, in consultation with the Department of… More
(1)Existing law establishes the California Longitudinal Pupil Achievement Data System, as provided. Existing law requires the State Department of Education, in consultation with the Department of Finance and the Legislative Analyst’s Office, and contingent upon the receipt of federal funds, to prepare the system to include data on pupil attendance, as specified. Existing law requires the system to support local educational agencies in their efforts to identify and support pupils at risk of dropping out and that it be capable of issuing periodic reports to local educational agencies that include district, school, class, and individual pupil reports on the rates of absence and chronic absentees. This bill would, contingent upon the receipt of federal funds, require the State Department of Education to enhance the system, as provided. The bill would require the periodic reports to local educational agencies to include reports on the rates of absence, rates of chronic absenteeism and the number of chronic absentees, rates of truancy and the number of truants, rates of habitual truancy and the number of habitual truants, and rates of chronic truancy and the number of chronic truants. The bill would delete class information from the periodic reports. The bill would establish a definition for “rates of absence.” (2)Existing law, once the system is prepared to accept data on a quarterly rate of pupil attendance, authorizes a local educational agency to submit data to the State Department of Education on a quarterly rate of pupil attendance, and other indicators as identified by the department. This bill would, once the system is enhanced to accept data on pupil attendance, authorize a local educational agency to submit the specified data to the system at any time throughout the year that meets its needs, but would require a local educational agency to, at a minimum, submit and certify the specified data, and other indicators identified by the department, to the system at the end of the school year or on dates to be determined by the department. The bill would authorize a local educational agency to receive reports with the specified data disaggregated as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (3)This bill would also make conforming and nonsubstantive changes. (4)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 64, 480.1, 480.2, and 482 Of, and to Add Sections 480.9, 486, 486.5, and 488 To, the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 188 (2013-2014) AmmianoSupportNo
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the… More
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests in a corporation, partnership, limited liability company, or other legal entity results in a change in ownership of the real property owned by that entity, and generally provides that a change in ownership as so described occurs if a legal entity or other person obtains a controlling or majority ownership interest in the legal entity. Existing law also specifies other circumstances in which certain transfers of ownership interests in legal entities result in a change in ownership of the real property owned by those legal entities. This bill would instead specify that if 100% of the ownership interests in a legal entity, as defined, are sold or transferred in a single transaction, as specified, the real property owned by that legal entity has changed ownership, whether or not any one legal entity or person that is a party to the transaction acquires more than 50% of the ownership interests. The bill would require the State Board of Equalization to notify assessors if a change in ownership as so described occurs. Existing law requires a person or legal entity that obtains a controlling or majority ownership interest in a legal entity, or an entity that makes specified transfers of ownership interests in the legal entity, to file a change in ownership statement signed under penalty of perjury with the State Board of Equalization, as specified. Existing law requires a penalty of 10% of the taxes applicable to the new base year value, as specified, or 10% of the current year’s taxes on the property, as specified, to be added to the assessment made on the roll if a person or legal entity required to file a change in ownership statement fails to do so. This bill would require a person or legal entity acquiring ownership interests in a legal entity, if 100% of the ownership interests in the legal entity are sold or transferred, as described above, to file a change in ownership statement signed under penalty of perjury with the State Board of Equalization. This bill would increase the penalties for failure to file a change in ownership statement, as described above, from 10% to 20%. This bill would also require a person or legal entity that acquires the ownership interest of a legal entity to report the change in ownership interests to the State Board of Equalization if any change in the ownership interests in a legal entity holding an interest in real property in this state occurs, as provided. This bill would require a legal entity to report subsequent changes in the ownership interests of the legal entity to the county assessor if a specified transfer between an individual or individuals and a legal entity or between legal entities occurs, as provided. This bill would also require a deed to be recorded with the county recorder by the owner of the real property, even if the owner of the real property does not change, if a change of an ownership interest in a legal entity holding an interest in real property occurs. By expanding the crime of perjury and by imposing new duties upon local county officials with respect to changes in ownership, 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 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Hide
An Act to Add Section 2810.3 to the Labor Code, Relating to Private Employment. AB 1897 (2013-2014) HernandezSupportNo
Existing law regulates the terms and conditions of employment and establishes specified obligations of employers to employees. Existing law prohibits a person or entity from entering into a contract… More
Existing law regulates the terms and conditions of employment and establishes specified obligations of employers to employees. Existing law prohibits a person or entity from entering into a contract for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the person or entity knows or should know that the contract or agreement does not include sufficient funds for the contractor to comply with laws or regulations governing the labor or services to be provided. This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for the payment of wages, the obligation to provide a safe work environment, as specified, and the failure to obtain valid workers’ compensation coverage. The bill would define a client employer as a business entity that obtains or is provided workers to perform labor or services within the usual course of business from a labor contractor, except as specified. The bill would define a labor contractor as an individual or entity that supplies workers, either with or without a contract, to a client employer to perform labor or services within the client employer’s usual course of business and would except from this definition specified nonprofit, labor, and motion picture payroll services organizations. The bill would specify that it does not prohibit client employers and labor contractors from mutually contracting for otherwise lawful remedies for violations of its provisions by the other party. The bill would require a client employer or labor contractor to provide to a requesting enforcement agency or department, and make available for copying, information within its possession, custody, or control required to verify compliance with applicable state laws. The bill would authorize the Labor Commissioner, the Division of Occupational Safety and Health, and the Employment Development Department to adopt necessary regulations and rules to administer and enforce the bill’s provisions. The bill would provide that waiver of its provisions is contrary to public policy, void, and unenforceable. Hide
An Act to Add Section 1367.0095 to the Health and Safety Code, and to Add Section 10112.298 to the Insurance Code, Relating to Health Care Coverage. AB 1917 (2013-2014) GordonSupportNo
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… More
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 requires that a health insurance issuer offering coverage in the individual or small group market to ensure that the coverage includes the essential health benefits package, as defined. PPACA requires the essential health benefits package to limit cost sharing for the coverage in a specified manner. PPACA also requires a group health plan to ensure that any annual cost sharing imposed under the plan does not exceed those limitations. PPACA specifies that certain of its reforms do not apply to grandfathered plans, as defined. 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 an individual or group health care service plan contract or health insurance policy, including a specialized plan contract or policy, but excluding a grandfathered health plan, that provides coverage for essential health benefits, as defined, and that is issued, amended, or renewed on or after January 1, 2015, to provide for a specified annual limit on out-of-pocket expenses for all covered benefits that meet the definition of essential health benefits. Existing law specifies an annual limit on these expenses for self-only coverage and requires that the annual limit on these expenses for other forms of coverage not exceed twice the annual limit applicable to self-only coverage. With respect to a health care service plan contract or health insurance policy that is subject to those annual out-of-pocket limits, and is issued, amended, or renewed on or after January 1, 2016, for an individual contract or policy, or July 1, 2015, for a group contract or policy, this bill would require that the copayment, coinsurance, or any other form of cost sharing for a covered outpatient prescription drug for an individual prescription not exceed 112 of the annual out-of-pocket limit applicable to self-only coverage for a supply of up to 30 days of a drug that does not have a time-limited course of treatment or that has a time-limited course of treatment of more than 3 months. For a drug that has a time-limited course of treatment of 3 months or less, the bill would require that the copayment, coinsurance, or other form of cost sharing not exceed 12 of the annual out-of-pocket limit applicable to self-only coverage for the time-limited course of treatment. The bill would specify that its provisions also apply to specialized plan contracts and policies that offer essential health benefits, as specified. Because a willful violation of the bill’s requirements by a health care service plan 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. Hide
An Act to Amend Section 70901 Of, and to Add Section 72208 To, the Education Code, Relating to Community Colleges. AB 1942 (2013-2014) BontaSupportNo
Existing law establishes the California Community Colleges under the Board of Governors of the California Community Colleges, which consists of 16 voting members and one nonvoting member, as… More
Existing law establishes the California Community Colleges under the Board of Governors of the California Community Colleges, which consists of 16 voting members and one nonvoting member, as specified. Existing law requires the Board of Governors of the California Community Colleges to establish minimum conditions entitling a community college district to receive state aid for the support of the community colleges. This bill would require the board of governors, in determining whether a community college district satisfies those minimum conditions, to review the accreditation status of the community colleges within that district. Under its existing regulatory authority, the Board of Governors of the California Community Colleges requires each community college to be accredited and has designated the Accrediting Commission for Community and Junior Colleges as the accrediting agency. This bill would require the accrediting agency of the community colleges to report to the appropriate subcommittees of the Legislature upon the agency’s issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, any accreditation policy changes that affect the accreditation process or status for a community college. Hide
An Act to Amend Section 102425 Of, to Add Section 102425.1 To, and to Repeal Section 102150 Of, the Health and Safety Code, Relating to Vital Records. AB 1951 (2013-2014) GomezSupportNo
Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of a live birth. Under existing law, a… More
Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of a live birth. Under existing law, a certificate of live birth is required to contain, among other things, the full name, birthplace, and date of birth of both the father and mother of a child, except as provided. Existing law provides for the Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action. This bill would instead require the State Registrar, with regard to identification of the parents, to modify the certificate of live birth to contain 2 lines that both read “Name of Parent” and contain, next to each parent’s name, 3 check boxes with the options of mother, father, and parent to describe the parent’s relationship to the child. The bill would also require that all local registrars, deputy registrars, and subregistrars use the modified certificate of live birth, update all forms to incorporate the modification, and discard all forms in use before the modification. The bill would provide that these provisions become operative on January 1, 2016. The bill would make technical and conforming changes. Hide
An Act to Add and Repeal Section 17053 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 1956 (2013-2014) BonillaOpposeNo
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would, for taxable years beginning on or after January 1, 2015, and… More
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would, for taxable years beginning on or after January 1, 2015, and before January 1, 2020, allow a credit in the amount of 20% of the monetary contributions made to a qualified tuition program, as defined, by a qualified taxpayer, as defined, not to exceed $500. This bill would provide for the payment of a credit amount in excess of tax liability upon an appropriation by the Legislature for that purpose. This bill would take effect immediately as a tax levy. Hide
An Act to Add Section 14029.9 to the Welfare and Institutions Code, Relating to Medi-Cal. AB 209 (2013-2014) PanSupportNo
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The… More
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. This bill would require the department to develop and implement a plan, as specified, to monitor, evaluate, and improve the quality, accessibility, and utilization of health care and dental services provided through Medi-Cal managed care. The bill would require the department to hold quarterly public meetings to report on, among other things, performance measures and quality and access standards, and to invite public comments. The bill would require the department to appoint an advisory committee, with specified responsibilities, for the purpose of making recommendations to the department and to the Legislature in order to improve quality and access in the delivery of Medi-Cal managed care services. The bill would be implemented to the extent that funding is provided in the annual budget act or federal, private, or other non-General Fund moneys are available. Hide
An Act to Amend Sections 3505.2 and 3505.4 of the Government Code, Relating to Public Employment. AB 2126 (2013-2014) BontaSupportNo
The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with… More
The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. The act requires, if a tentative agreement is reached and the governing body adopts the tentative agreement, that the parties prepare jointly a nonbinding written memorandum of understanding of the agreement. Under existing law, if representatives of the public employee agency and the recognized employee organization fail to reach agreement, the parties may agree together upon the appointment of a mutually agreeable mediator. This bill instead would permit either party to request mediation and would require the parties to agree upon a mediator, if either party has provided the other with a written notice of declaration of impasse. If the parties cannot agree upon a mediator, the bill would authorize either party to request the board to appoint a mediator. The bill would require the board to appoint a mediator within 5 days after receipt of the party’s request, as prescribed. A public agency would not be required to proceed to mediation in its negotiations with respect to a bargaining unit under the above-described circumstances if the public agency has an impasse procedure that includes, at a minimum, a process for binding arbitration. The Meyers-Milias-Brown Act requires the Public Employment Relations Board to determine in disputed cases whether a particular item is within or without the scope of representation. Existing law requires the governing body of a local public agency, or those boards, commissions, administrative officers, or other representatives as may be properly designated by law or by a governing body, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law authorizes an employee organization to request that the parties’ differences be submitted to a factfinding panel not sooner than 30 days or more than 45 days following the appointment or selection of a mediator pursuant to the parties’ agreement to mediate or a mediation process required by a public agency’s local rules. Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to request that the parties’ differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. Existing law prohibits an employee organization’s procedural right to request a factfinding panel from being waived expressly or voluntarily. This bill would authorize differences under these provisions to include those differences that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and confer exists, and are not limited to negotiations after impasse after collective bargaining for a new or successor memorandum of understanding. The bill would limit the criteria that the factfinders would be required to consider to those criteria that the factfinders deem relevant to the dispute. The bill would authorize an employee organization to voluntarily waive the right to request a factfinding panel, in writing. The bill would include legislative findings and declarations that certain of these amendments are clarifying and declaratory of existing law. Hide
An Act to Add Section 48297 to the Education Code, Relating to Pupil Attendance. AB 2141 (2013-2014) HallSupportNo
Existing law defines a truant as any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse 3 full days in one school… More
Existing law defines a truant as any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse 3 full days in one school year, or tardy or absent for more than any 30-minute period during the schoolday without a valid excuse on 3 occasions in one school year, or any combination thereof. Existing law provides that a pupil who is required to be reported as a truant is subject to specified penalties for the first to 4th instances that a truancy report is issued to a pupil, and, under certain circumstances, he or she may be judged a ward of the juvenile court. Existing law provides that a parent, guardian, or other person having control of or charge of any pupil who is a truant or chronic truant is guilty of, among other things, an infraction and subject to specified penalties for the first to 3rd or subsequent convictions. Existing law provides that any minor pupil who is a habitual truant, is irregular in attendance at school, or is habitually insubordinate or disorderly during attendance at school may be referred to a school attendance review board or to the probation department for services if the probation department has elected to receive these referrals. Existing law, under specified circumstances, authorizes a school attendance review board to notify the district attorney or the probation officer, or both, if the district attorney or the probation officer has elected to participate in a truancy mediation program, as specified. Existing law, under specified circumstances, also authorizes a school attendance review board or probation officer to direct the county superintendent of schools to request a petition on behalf of the pupil in the juvenile court of the county. This bill would require a state or local agency conducting a truancy-related mediation or prosecuting a pupil or a pupil’s parent or legal guardian pursuant to these provisions, among others, to provide the school district, school attendance review board, county superintendent of schools, probation department, or any other agency that referred the truancy-related mediation, criminal complaint, or petition with the outcome of each referral, as specified. The bill would require a state or local mediating or prosecuting agency to provide the information in anonymized format to the Attorney General upon request. By imposing additional duties on local officials, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Section 1276.45 to the Health and Safety Code, Relating to Health Facilities. AB 2144 (2013-2014) YamadaSupportNo
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of those provisions is a crime. Existing law establishes the State… More
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of those provisions is a crime. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. This bill would require the State Department of Public Health to adopt regulations by January 1, 2016, that establish minimum, specific, and numerical licensed nursing staff-to-patient ratios by licensing classification and minimum, specific, and numerical ancillary staff-to-patient ratios for health facilities that are operated by the State Department of State Hospitals, as prescribed. Hide
An Act to Amend Sections 331.1 and 366.2 of the Public Utilities Code, Relating to Electricity. AB 2145 (2013-2014) BradfordSupportNo
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act authorizes a community… More
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act authorizes a community choice aggregator, as defined, to aggregate the electrical load of interested electricity consumers within its boundaries and requires a community choice aggregator to file an implementation plan with the commission and requires that the plan include disclosures of certain information and describe other matter. The act requires a community choice aggregator to register with the commission, which may require additional information to ensure compliance with basic consumer protection rules and other procedural matters. Existing law requires that a city, county, or city and county that elects to implement a community choice aggregation program within its jurisdiction do so by ordinance, but authorizes a city, county, or city and county to request, by affirmative resolution of its governing council or board, that another entity authorized to be a community choice aggregator act as the community choice aggregator on its behalf, in which case, that other entity is responsible for adopting the ordinance to implement the community choice aggregation program on behalf of the requesting city, county, or city and county. This bill would require solicitations of customers by a community choice aggregator contain, and communication by the community choice aggregator to the public or prospective and existing customers to be consistent with, specified information and would require that the implementation plan filed by a community choice aggregator completely describe certain matter required to be disclosed under existing law. The bill would authorize the commission to require that a community choice aggregator, when registering with the commission, provide additional information to ensure compliance with basic consumer protection and other rules and other procedural matters. If a city, county, or city and county requests another entity that is authorized to be a community choice aggregator to act as the community choice aggregator on its behalf, the bill would require that the entity that is to be the community choice aggregator be in a county that is contiguous to the requesting city, county, or city and county. The bill would provide that, beginning January 1, 2015, no entity may enact an ordinance to serve as the community choice aggregator in more than 3-contiguous-counties, but may serve as the community choice aggregator for any city, county, or city and county that is outside a 3-contiguous-county area, for which it adopted an ordinance prior to January 1, 2015. The bill would make other technical, nonsubstantive revisions to the community choice aggregator provisions.The Joint Exercise of Powers Act authorizes the legislative or other governing bodies of 2 or more public agencies to jointly exercise by agreement any power common to the contracting parties, as specified. Existing law authorizes any group of cities, counties, or cities and counties whose governing boards have so elected to combine the loads of their programs as a community choice aggregator through the formation of a joint powers agency established pursuant to the Joint Exercise of Powers Act.This bill would prohibit a joint powers agency formed to provide electric service as a community choice aggregator from exceeding the geographical boundaries of 3-contiguous-counties, but would provide that this limitation does not apply where an ordinance authorizing community choice aggregation outside the 3-contiguous-counties was adopted prior to January 1, 2015.Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the bill would impose requirements regarding a community choice aggregator, a violation of which would be 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. Hide
An Act to Add Section 432.9 to the Labor Code, Relating to Employment. AB 218 (2013-2014) DickinsonSupportYes
Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did… More
Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did not result in a conviction. This bill, commencing July 1, 2014, would prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position. The bill would include specified findings and declarations of the Legislature in support of this policy. Because this bill would impose new requirements on local agencies relative to employment application procedures, it 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Section 830.5 of the Penal Code, Relating to Peace Officers. AB 2314 (2013-2014) HallSupportNo
Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to… More
Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the conditions of parole, probation, mandatory supervision, or postrelease community supervision of a person in the state on parole, probation, mandatory supervision, or postrelease community supervision, the escape of an inmate or ward from a state or local institution, the transportation of persons on parole, probation, or postrelease community supervision, and violations of law that are discovered while performing his or her duties. Existing law categorizes a probation officer as a peace officer who may carry firearms only if authorized by his or her employing agency, and under the terms and conditions specified by his or her employing agency. This bill would authorize any probation officer or deputy probation officer to carry firearms as determined by the chief probation officer on a case-by-case or unit-by-unit basis and under terms and conditions specified by the chief probation officer. The bill would require certain chief probation officers to develop a policy as to whether probation officers and deputy probation officers who supervise high-risk caseloads should be armed. That policy would be required to be adopted no later than June 30, 2015, and would be required to be implemented no later than December 31, 2015, if the chief probation officer has not armed or has not adopted a policy regarding arming probation officers or deputy probation officers prior to January 1, 2015. The bill would define a high-risk caseload as a caseload that includes individuals who have been released from state prison subject to postrelease community supervision and have a prior conviction for a serious felony or violent felony. By imposing new duties on counties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Article 4 (Commencing with Section 128310) to Chapter 4 of Part 3 of Division 107 of the Health and Safety Code, Relating to Medical Care, and Making an Appropriation Therefor. AB 2458 (2013-2014) BonillaSupportNo
Existing law, the Song-Brown Health Care Workforce Training Act, provides for specified training programs for certain health care workers, including family physicians, registered nurses, nurse… More
Existing law, the Song-Brown Health Care Workforce Training Act, provides for specified training programs for certain health care workers, including family physicians, registered nurses, nurse practitioners, and physician’s assistants. This bill would establish the Graduate Medical Education Fund, to be used to administer and fund grants to graduate medical education residency programs located in California hospitals or teaching health centers, as specified. The bill would appropriate twenty-five million dollars ($25,000,000) from the General Fund in the 2014–15 fiscal year for this purpose and $2,840,000 per year for 3 years, commencing with the 2014–15 fiscal year, from the California Health Data and Planning Fund for this purpose. Hide
An Act to Amend Section 54957 of the Government Code, Relating to Local Government. AB 246 (2013-2014) BradfordOpposeYes
The Ralph M. Brown Act requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and… More
The Ralph M. Brown Act requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public. Under the act, all persons are permitted to attend any meeting of the legislative body of a local agency, unless a closed session is authorized. Under the act, the legislative body of a local agency is authorized to hold closed sessions with the Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, as specified, or a threat to the public’s right of access to public services or public facilities. This bill additionally would authorize the legislative body of a local agency to hold these closed sessions with the Governor. This bill also makes various technical nonsubstantive changes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Hide
An Act to Amend Section 980 of the Labor Code, Relating to Employment. AB 25 (2013-2014) CamposSupportNo
Existing law prohibits a private employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media,… More
Existing law prohibits a private employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Existing law prohibits a private employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand that violates these provisions. This bill would apply the provisions described above to public employers, as defined. The bill would state that its provisions address a matter of statewide interest and apply to public employers generally, including charter cities and counties. Hide
An Act to Amend Sections 98.6, 98.7, 1102.5, and 1103 Of, to Add Section 1024.6 To, and to Add Chapter 3.1 (Commencing with Section 1019) to Part 3 of Division 2 Of, the Labor Code, Relating to Employment. AB 263 (2013-2014) HernandezSupportYes
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… More
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 provides that an employee who made a bona fide complaint, and was consequently discharged or otherwise suffered an adverse action, is entitled to reinstatement and reimbursement for lost wages. Existing law makes it a misdemeanor for an employer to willfully refuse to reinstate or otherwise restore an employee who is determined by a specified procedure to be eligible for reinstatement. This bill would also prohibit an employer from retaliating or taking 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 provide that an employee who was retaliated against or otherwise was subjected to an adverse action is entitled to reinstatement and reimbursement for lost wages. The bill would subject a person who violates these provisions to a civil penalty of up to $10,000 per violation. The bill would also provide that it is not necessary to exhaust administrative remedies or procedures in the enforcement of specified provisions. Because the willful refusal by an employer to reinstate or reimburse an employee who suffered a retaliatory action under these provisions would be a misdemeanor, the bill would expand the scope of a crime and impose a state-mandated local program. Existing law declares that an individual who has applied for employment, or who is or has been employed in this state, is entitled to the protections, rights, and remedies available under state law, regardless of his or her immigration status. Existing law declares that an inquiry into a person’s immigration status for purposes of enforcing state labor and employment laws shall not be permitted, unless a showing is made, by clear and convincing evidence, that the inquiry is necessary in order to comply with federal immigration law. This bill would make it unlawful for an employer or any other person to engage in, or direct another person to engage in, an unfair immigration-related practice, as defined, against a person for the purpose of, or with the intent of, retaliating against any person for exercising a right protected under state labor and employment laws or under a local ordinance applicable to employees, as specified. The bill would also create a rebuttable presumption that an adverse action taken within 90 days of the exercising of a protected right is committed for the purpose of, or with the intent of, retaliation. The bill would authorize a civil action by an employee or other person who is the subject of an unfair immigration-related practice. The bill would authorize a court to order the appropriate government agencies to suspend certain business licenses held by the violating party for prescribed periods based on the number of violations. The bill would require the court to consider prescribed circumstances in determining whether a suspension of all licenses is appropriate. 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 that disclosure. Under existing law, a violation of these provisions by the employer is a misdemeanor. Existing law additionally subjects an employer that is a corporation or a limited liability company to a civil penalty not exceeding $10,000 for each violation of these provisions. 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 from retaliating against an employee for such a disclosure. The bill would also expand the prohibited actions to include 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. The bill would provide that any person or entity that violates these provisions is guilty of a misdemeanor, and would further subject an entity that violates these provisions that is a corporation or limited liability company to a civil penalty not exceeding $10,000 for each violation of these provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law prohibits an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report, as defined, for employment purposes unless it is for a specified position, including, among others, a position in the state Department of Justice, a managerial position, as defined, or a position that involves regular access to $10,000 or more of cash, as specified. This bill would prohibit an employer from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against an employee because the employee updates or attempts to update his or her personal information, unless the changes are directly related to the skill set, qualifications, or knowledge required for the job. 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. Hide
An Act to Amend Sections 11465 and 16501.25 Of, and to Add Sections 16501.26, 16501.27, and 16501.28 To, the Welfare and Institutions Code, Relating to Social Services. AB 2668 (2013-2014) Quirk-SilvaSupportNo
Existing law provides aid and services to children placed in out-of-home care through various social service programs, including Aid to Families with Dependent Children-Foster Care (AFDC-FC) and the… More
Existing law provides aid and services to children placed in out-of-home care through various social service programs, including Aid to Families with Dependent Children-Foster Care (AFDC-FC) and the Kinship Guardianship Assistance Payment Program (Kin-GAP). Existing law provides that, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent include an amount for care and supervision of the child, as specified. Existing law provides for specified payments in instances in which a child is living with a teen parent in a whole family foster home, as defined. Existing law requires, under these circumstances, that a written shared responsibility plan be developed between the parent, his or her caregiver, and a representative of the county or other agency providing direct supervision to the caregiver. Existing law requires that, once this plan has been completed and provided to the appropriate agencies, the payment made to the caregiver be increased by an additional $200 per month to reflect the increased care and supervision of the child. This bill, on or after July 1, 2015, would similarly authorize the development of a parenting support plan between a nonminor dependent parent who resides in a supervised independent living placement, an identified responsible adult who has agreed to act as a parenting mentor, and a representative of the county child welfare agency or probation department. The bill would authorize the nonminor dependent to provide the plan to the county child welfare agency or probation department, at which time he or she would receive an additional aid payment of $200 per month. The bill would require the State Department of Social Services to convene a working group to develop and issue an all-county letter that specifies the minimum criteria a person must meet in order to serve as an identified responsible adult to a nonminor dependent parent, as specified. The bill would require a person who wishes to become an identified responsible adult to meet the minimum criteria described above, be at least 21 years of age, and undergo a criminal records check and a Child Abuse Central Index check, as specified. By increasing the duties of counties providing child welfare services, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Repeal and Add Section 3117 of the Elections Code, Relating to Elections. AB 269 (2013-2014) GroveOpposeNo
Existing law requires that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day.This bill would make an exception… More
Existing law requires that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day.This bill would make an exception for military or overseas voters, as defined, and would instead require that their vote by mail ballots be postmarked by the United States Postal Service or the Military Postal Service Agency on or before election day and received by their elections officials no later than 3 days after election day.Because the bill would impose additional duties on local elections officials, it 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Section 11270.5 To, and to Repeal Section 11450.04 Of, the Welfare and Institutions Code, Relating to Calworks. AB 271 (2013-2014) MitchellSupportNo
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the… More
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Under existing law, for purposes of determining a family’s maximum aid payment under the CalWORKs program, the number of needy persons in the same family is not increased for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions. This bill would repeal that exclusion for purposes of determining the family’s maximum aid payment and would expressly prohibit the denial of aid or denial of an increase in the maximum aid payment if a child on whose behalf aid, or an increase in aid, is being requested was born into an applicant’s or recipient’s family while the applicant’s or recipient’s family was receiving aid under the CalWORKs program. The bill would specify that an applicant or recipient is not entitled to an increased benefit payment for months prior to January 1, 2014, as a result of the repeal of that exclusion or the enactment of that express prohibition. The bill would also prohibit the department from conditioning an applicant or recipient’s eligibility for aid on the applicant or recipient’s disclosure of specified information regarding rape, incest, or contraception, as specified. The bill would make related findings and declarations. Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program. This bill would declare that no appropriation would be made for purposes of the bill. To the extent that this bill affects eligibility under the CalWORKs program, the bill would create 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 12209, 17053.57, and 23657 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 32 (2013-2014) PerezSupportYes
Existing laws governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Tax Law, authorize, until January 1, 2017, a credit in an amount equal to 20% of a qualified… More
Existing laws governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Tax Law, authorize, until January 1, 2017, a credit in an amount equal to 20% of a qualified investment, as defined, made into a community development financial institution, as defined, but not to exceed, in the aggregate amount under all those laws, $10,000,000 per year. Existing law provides that a credit shall not be allowed under those laws unless the California Organized Investment Network certifies that the investment made by the taxpayer is a qualified investment, as defined. Existing law requires a community development financial institution to apply to the California Organized Investment Network on behalf of the taxpayer for certification of the amount of the investment and the credit amount allocated to the taxpayer. The bill would increase the $10,000,000 limitation on the aggregate amount of qualified investments to $50,000,000. This bill would require a community development financial institution to provide in the application a detailed description of the intended use of the investment funds, as described, and to provide specified information about the taxpayer. This bill would require the California Organized Investment Network, when accepting and evaluating applications for certification from any community development financial institution on behalf of the taxpayer and issuing certificates, to grant highest priority to those applications where the intended use of the investments has the greatest aggregate benefit for low-to-moderate income areas or households or rural areas or households. This bill would require the Insurance Commissioner to establish tax credit issuance cycles throughout the year as necessary in order to issue tax credit certificates to those applications granted the highest priority. This bill would prohibit the total amount of investments certified by the California Organized Investment Network in any calendar year to any one community development financial institution from exceeding 30% of the annual aggregate amount of qualified investments, except as specified. This bill would require that each year 10% of the annual aggregate amount of qualified investments be reserved for investment amounts of less than or equal to $200,000, as specified. This bill would also allow the California Organized Investment Network to certify investments for the credit until January 1, 2017. This bill would require, on or before June 30, 2016, the Legislative Analyst’s Office to submit a report to the Legislature on the effects of the tax credits allowed, with a focus on employment in low-to-moderate income and rural areas, and on the benefits of these tax credits to low-to-moderate income and rural persons. Existing law authorizes the Insurance Commissioner to issue regulations to implement the credit. This bill would instead authorize the Insurance Commissioner to adopt, amend, or repeal regulations to implement the credit, and would deem the initial adoption of the regulations to be emergency regulations, as specified. Existing law authorizes the California Organized Investment Network, in allocating qualified investment credits, when certain conditions are met, to prioritize applications for those credits, as specified. This bill would revise those conditions. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Hide
An Act to Add Chapter 10 (Commencing with Section 122370) to Part 6 of Division 105 of the Health and Safety Code, Relating to the Sale of Animals. AB 339 (2013-2014) DickinsonSupportYes
Existing law generally regulates the operation of swap meets, flea markets, and open-air markets where personal property is exchanged, sold, or offered for sale or exchange. Existing law also… More
Existing law generally regulates the operation of swap meets, flea markets, and open-air markets where personal property is exchanged, sold, or offered for sale or exchange. Existing law also regulates food vendors operating at swap meets. This bill would authorize, subject to exceptions and commencing January 1, 2016, a swap meet operator to permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted certain standards for the care and treatment of those animals during the time that the animals are present at the swap meet and transported to and from the swap meet. These provisions would not apply to the sale of a particular species of animal if a local jurisdiction has adopted a local ordinance prior to January 1, 2013, that applies specifically to the sale of that particular species of animal at swap meets. The bill would provide that a swap meet vendor who offers animals for sale at a swap meet in violation of the requirements of this bill would be guilty of an infraction punishable by a fine not to exceed $100 for the first violation, or for a 2nd or subsequent violation, a fine not to exceed $500. By creating new crimes, 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. Hide
An Act to Amend Sections 9160, 9280, 9313, 9314, and 9500 of the Elections Code, Relating to Elections. AB 354 (2013-2014) DahleSupportYes
Under existing law, a county, city, or district ballot measure may be placed on the ballot at the county, city, or district election by a petition signed by the requisite number of voters or by the… More
Under existing law, a county, city, or district ballot measure may be placed on the ballot at the county, city, or district election by a petition signed by the requisite number of voters or by the county board of supervisors, the governing body of the city, or the governing body of the district, respectively. Whenever a county, city, or district measure qualifies for a place on the ballot, existing law requires the county counsel or city attorney, as applicable, to prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure. This bill would require the impartial analysis for a county, city, or district ballot measure to include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the county board of supervisors, city governing body, or district governing body, respectively. Under existing law, a ballot measure may be placed on the ballot at a school district election by the governing board of the school district. Whenever a school district ballot measure is placed on the ballot, existing law requires the county counsel or district attorney, as applicable, to prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure. This bill would require the impartial analysis for a school district ballot measure to include a statement indicating that the measure was placed on the ballot by the governing board of the school district. Hide
An Act to Add Chapter 17.1 (Commencing with Section 7282) to Division 7 of Title 1 of the Government Code, Relating to State Government. AB 4 (2013-2014) AmmianoSupportYes
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of… More
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Hide
An Act to Add and Repeal Chapter 6.5 (Commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code, and to Add and Repeal Section 91.2 of the Streets and Highways Code, Relating to Transportation, and Making an Appropriation Therefor. AB 401 (2013-2014) DalySupportYes
Existing law, until January 1, 2014, authorizes certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for… More
Existing law, until January 1, 2014, authorizes certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for contracts on transportation projects, as specified. Existing law establishes a procedure for submitting bids that includes a requirement that design-build entities provide a statement of qualifications submitted to the transportation entity that is verified under oath, subject to penalty of perjury. This bill would authorize the Department of Transportation to utilize design-build procurement for up to 10 projects on the state highway system, based on either best value or lowest responsible bid. The bill would authorize regional transportation agencies, as defined, to utilize design-build procurement for projects on or adjacent to the state highway system. The bill would also authorize those regional transportation agencies to utilize design-build procurement for projects on expressways that are not on the state highway system, as specified. The bill would repeal these provisions on January 1, 2024, or one year from the date that the Department of Transportation posts on its Internet Web site that the provisions related to the construction inspection services of these projects are invalid. The bill would provide that these design-build authorizations do not include construction inspection services for projects on or interfacing with the state highway system. The bill would require the Department of Transportation to perform construction inspection services for projects on or interfacing with the state highway system, as specified. The bill would require a transportation entity, as defined, awarding a contract for a public works project pursuant to these provisions, to reimburse the Department of Industrial Relations for costs of performing prevailing wage monitoring and enforcement of the public works project and would require moneys collected to be deposited into the State Public Works Enforcement Fund, a continuously appropriated fund. By depositing money in a continuously appropriated fund, the bill would make an appropriation. The bill would extend the use of design-build procurement to regional transportation agencies, as defined, and extend the period of time for which the Department of Transportation may use design-build procurement, subject to existing procedures. The bill would, by extension, impose the statement of qualifications requirement upon regional transportation agencies and the department, subject to penalty of perjury, thereby creating a new crime and imposing 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. Hide
An Act to Add Section 14029.92 to the Welfare and Institutions Code, Relating to Medi-Cal. AB 411 (2013-2014) PanSupportNo
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The… More
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with managed care plans. Existing federal law generally requires that a state that contracts with certain managed care plans ensure that an external quality review is performed by an External Quality Review Organization (EQRO). This bill would require, when the department enters into a new contract with an EQRO for the EQRO to perform work associated with Medi-Cal managed care programs, that the department include in the terms of the new contract a requirement that, upon approval of the contract, the EQRO stratify all patient-specific Healthcare Effectiveness Data and Information Set measures, or their External Accountability Set performance measure equivalent, by certain characteristics, including geographic area and primary language. The bill would require the department to publicly report this analysis on the department’s Internet Web site. The bill would provide that its provisions only be implemented to the extent that funding is available. Hide
An Act to Amend Section 32310 Of, and to Add Section 32311 To, the Penal Code, Relating to Firearms. AB 48 (2013-2014) SkinnerSupportYes
(1)Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine… More
(1)Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give, lend, buy, or receive any large capacity magazine conversion kit that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would also make it a misdemeanor or a felony to buy or receive a large-capacity magazine, as specified. By creating a new crime, this bill would impose a state-mandated local program. (2)This bill would incorporate additional changes to Section 32310 of the Penal Code proposed by SB 396 that would become operative if this bill and SB 396 are both enacted and this bill is enacted last. (3)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. Hide
An Act to Amend Section 2053.1 of the Penal Code, Relating to Prisoners. AB 494 (2013-2014) PerezSupportYes
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement in every state prison literacy programs that are designed to ensure that, upon parole, inmates are… More
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement in every state prison literacy programs that are designed to ensure that, upon parole, inmates are able to achieve a 9th grade reading level. Existing law further requires the department to prepare an implementation plan for the literacy programs and to request sufficient funds to make the programs available to a certain percentage of inmates by specified dates. This bill would instead require the department to implement literacy programs that are designed to ensure that upon parole inmates are able to achieve the goals specified in this bill. This bill would require the department to prepare an implementation plan and request sufficient funds to, among other things, offer academic programming throughout an inmate’s incarceration that focuses on increasing the reading ability of an inmate to at least a 9th grade level and, for an inmate reading at a 9th grade level or higher, focus on helping the inmate obtain a general education development certificate, or its equivalent, or high school diploma. This bill would also make technical, nonsubstantive changes to these provisions. Hide
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. AB 60 (2013-2014) AlejoSupportYes
(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… More
(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. Hide
An Act to Add Section 47605.4 to the Education Code, Relating to School Districts. AB 622 (2013-2014) CamposSupportNo
Existing law authorizes one or more persons to circulate a petition for the establishment of a charter school within a school district, and authorizes the petitioners to submit the petition to the… More
Existing law authorizes one or more persons to circulate a petition for the establishment of a charter school within a school district, and authorizes the petitioners to submit the petition to the governing board of the school district for review and approval, as provided. This bill would require the petitioners to post on the proposed or existing charter school’s Internet Web site, if one is maintained, a copy of a summary of the petition, a copy of the initial petition, renewal petition, or appeal petition, and any substantive revisions to the petition, as provided. The bill would require all charter schools to post on their Internet Web sites a copy of the summary of the charter school’s petition and the petition. The bill would also require a charter school authorizer, as defined, to post on its Internet Web site the summary of the petition and a copy of the initial petition, renewal petition, or appeal petition, among other things, as provided. The bill would require an initial petition, a renewal petition, or an appeal petition submitted to a charter school authorizer to simultaneously include an electronic copy of the summary of the charter school petition and the petition. The bill would require any substantive changes to the initial petition or renewal petition to be submitted in electronic form. By requiring new duties on governing boards of school districts, county boards of education, and charter schools, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 261 and 286 of the Penal Code, Relating to Crimes, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 65 (2013-2014) AchadjianSupportYes
Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits… More
Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law provides various circumstances that constitute sodomy against an individual’s will, including an act accomplished with an individual who is not the spouse of the perpetrator where the individual submits under the belief that the individual committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would instead provide that these types of rape and sodomy occur where the person submits under the belief that the person committing the act is someone known to the victim other than the accused. By expanding the definition of 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. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Section 120392.10 to the Health and Safety Code, Relating to Health Facilities. AB 689 (2013-2014) BontaSupportNo
Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including general acute care hospitals.Existing law requires a general acute care… More
Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including general acute care hospitals.Existing law requires a general acute care hospital to offer, each year, commencing October 1 to the following April 1, inclusive, prior to discharge, immunizations for influenza and pneumococcal disease to inpatients, 65 years of age or older, based upon the adult immunization recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, and the recommendations of appropriate entities for the prevention, detection, and control of influenza outbreaks in California general acute care hospitals, pursuant to the hospital’s standardized procedures and if the hospital has the vaccine in its possession.This bill would require each general acute care hospital to offer onsite vaccinations for influenza to all inpatients prior to discharge, annually, beginning no later than October 1 and ending on the following April 1, except when there is a state vaccine shortage or when a physician does not recommend that the patient receive an influenza vaccine due to potential health hazards, pursuant to the standardized procedures of the hospital and in accordance with the recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention of the United States Department of Health and Human Services, as specified. The bill would also require a general acute care hospital that offers vaccinations pursuant to this provision to inform each inpatient that he or she may be required to pay for the cost of the vaccination. Hide
An Act to Amend Section 3004.5 of the Fish and Game Code, Relating to Hunting. AB 711 (2013-2014) RendonSupportYes
(1)Existing law requires the Fish and Game Commission, by July 1, 2008, to establish by regulation a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and to… More
(1)Existing law requires the Fish and Game Commission, by July 1, 2008, to establish by regulation a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and to define by regulation nonlead ammunition as including only centerfire rifle and pistol ammunition in which there is no lead content. Existing law requires the commission to establish and annually update a list of certified centerfire rifle and pistol ammunition. Existing law requires that nonlead centerfire rifle and pistol ammunition, as determined by the commission, be used when taking big game with a rifle or pistol, as defined by the Department of Fish and Wildlife’s hunting regulations, and when taking coyote, within specified deer hunting zones, but excluding specific counties and areas. A violation of these provisions is a crime. Existing law requires the commission to establish a process, to the extent that funding is available, that will provide hunters in these specified deer hunting zones with nonlead ammunition at no or reduced charge. This bill would instead require, as soon as is practicable, but by no later than July 1, 2019, the use of nonlead ammunition for the taking of all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm. The bill would require the commission to certify, by regulation, nonlead ammunition for these purposes. The bill would require that the list of certified ammunition include any federally approved nontoxic shotgun ammunition. The bill would make conforming changes. The bill would provide that these provisions do not apply to government officials or their agents when carrying out a statutory duty required by law. The bill would require the commission to promulgate regulations by July 1, 2015, that phase in the requirements of these provisions. The bill would require that these requirements be fully implemented statewide by no later than July 1, 2019. The bill would require the commission to implement any of these requirements that can be implemented practicably, in whole or in part, in advance of July 1, 2019. The bill would also require that the commission not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor range, as described, unless or until the additional requirements for use of nonlead ammunition as required by these provisions are implemented. By expanding and changing the definition of a crime, the bill would impose a state-mandated local program. (2)Existing federal law restricts the importing, manufacturing, or sale of armor-piercing ammunition, as specified. This bill would temporarily suspend the required use of nonlead ammunition for a specific hunting season and caliber upon a finding by the Director of Fish and Wildlife that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition. The bill would require, notwithstanding a suspension, that nonlead ammunition be used when taking big game mammals, nongame birds, or nongame mammals in the California condor range. (3)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. Hide
An Act to Amend Sections 912 and 917 Of, and to Add Article 9.5 (Commencing with Section 1048) to Chapter 4 of Division 8 Of, the Evidence Code, Relating to Evidentiary Privileges. AB 729 (2013-2014) HernandezSupportNo
Existing law governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of certain relations, including the attorney-client,… More
Existing law governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of certain relations, including the attorney-client, physician-patient, and psychotherapist-patient relationship, as specified. Under existing law, the right of any person to claim those evidentiary privileges is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to a disclosure made by anyone. This bill would provide that a union agent, as defined, and a represented employee or represented former employee have a privilege to refuse to disclose any confidential communication between the employee or former employee and the union agent while the union agent was acting in his or her representative capacity, except as specified. The bill would provide that a represented employee or represented former employee also has a privilege to prevent another person from disclosing a privileged communication, except as specified. The bill would further provide that this privilege may be waived in accordance with existing law and does not apply in criminal proceedings. This bill would incorporate additional changes to Section 912 of the Evidence Code made by this bill and AB 267, to take effect if both bills are chaptered and this bill is chaptered last. Hide
An Act to Add and Repeal Section 6356.9 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 769 (2013-2014) SkinnerSupportNo
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other… More
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, as measured by sales price. Those laws provides various exemptions from those taxes. This bill would, on and after July 1, 2014, exempt from those taxes the gross receipts and the sales price that do not exceed $750 from the sale of, and the storage, use, or other consumption in this state of, a qualified efficient clothes washer purchased for installation and use in this state. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Fiscal Recovery Fund, Local Public Safety Fund, the Education Protection Account, Local Revenue Fund, and Local Revenue Fund 2011. This bill would be in effect until July 1, 2015, unless the state of emergency declared by the Governor due to drought conditions on January 17, 2014, is terminated before July 1, 2015, and would provide that in that event, this bill would remain in effect only until midnight on the first day of the first calendar quarter commencing more than 60 days after the date of the termination of the state of emergency. This bill would take effect immediately as a tax levy. Hide
An Act to Amend Section 2290.5 of the Business and Professions Code, Relating to Telehealth, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 809 (2013-2014) LogueOpposeNo
Existing law requires a health care provider, as defined, prior to the delivery of health care services via telehealth, as defined, to verbally inform the patient that telehealth may be used and… More
Existing law requires a health care provider, as defined, prior to the delivery of health care services via telehealth, as defined, to verbally inform the patient that telehealth may be used and obtain verbal consent from the patient for this use. Existing law also provides that failure to comply with this requirement constitutes unprofessional conduct. This bill would require the health care provider initiating the use of telehealth at the originating site to obtain verbal or written consent from the patient for the use of telehealth, as specified. The bill would require that health care provider to document the consent in the patient’s medical record. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 101, 9008, 9030, and 9031 Of, and to Add Sections 9009.5, 9009.6, 9022.5, 9036, and 9037 To, the Elections Code, Relating to Elections. AB 857 (2013-2014) FongSupportNo
(1)The California Constitution and existing statutory law provide for the electors to propose statutes or amendments to the Constitution by initiative. Existing law authorizes a person who is a voter… More
(1)The California Constitution and existing statutory law provide for the electors to propose statutes or amendments to the Constitution by initiative. Existing law authorizes a person who is a voter or who is qualified to register to vote in California to circulate an initiative or referendum petition anywhere within the state. Existing law requires that each section of a petition for an initiative or referendum measure have attached thereto the declaration of the person soliciting the signatures that includes specified information. This bill would require a person who solicits signatures for a proposed initiative measure and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors to make additional declarations, as specified. (2)Existing law requires local elections officials to perform various duties with respect to statewide initiative petitions including, within 8 days after the filing of a petition, determining the total number of signatures affixed to the petition. Existing law also requires an elections official, within 30 days of notification from the Secretary of State that a petition has received 100% or more of the signatures needed to declare the petition sufficient, to determine the number of qualified voters who signed the petition. Upon order of the Secretary of State, existing law requires an elections official, within 30 days, to verify each signature on a petition, as specified. This bill would extend the time a local elections official is required to determine the total number of signatures affixed to a petition to 10 days, and would extend the time a local elections official is required to determine the number of qualified voters who signed the petition to 35 days after receiving notice from the Secretary of State that the petition has received the signatures needed to declare the petition sufficient. The bill also would extend the time that an elections official is required to verify the signatures on a petition to 35 days. This bill would require at least 10% of the signatures that are required to qualify an initiative measure to be solicited by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, and would require that the declaration of such a person include additional content, as specified. The bill would require an elections official who determines the total number of signatures affixed to a petition and an elections official or registrar of voters who verifies signatures on petitions to also determine the total number of signatures submitted by persons who do not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, as specified. The bill would include specified findings and declarations of the Legislature in support of these policies. (3)Existing law requires that, if the statistical sampling shows that the number of valid signatures on a petition is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of each signature filed, and shall so notify the elections officials. This bill, with regard to an initiative petition for which the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted for purposes of the 10% requirement described above is within 95 to 110% of the number of signatures needed to satisfy that requirement, would require the Secretary of State to only order an examination and verification of each signature filed that would satisfy the 10% requirement. (4)Existing law requires every proposed initiative measure, prior to circulation, to include on the petition, among other things, the circulating title and summary prepared by the Attorney General and a heading for the initiative measure, as specified. Existing law also requires a petition for a proposed initiative or referendum measure to be presented in sections, as specified. This bill would provide that its provisions do not apply to any initiative petition for which the Attorney General issued a circulating title and summary before January 1, 2014, and would require a petition for a proposed initiative measure to have printed in the one-inch space across the top of the first page of each section of the petition, in 18-point roman boldface type, the circulating title for the measure prepared by the Attorney General. The bill would additionally require a petition for a proposed initiative measure that is circulated by persons who do not receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on white paper in a contrasting color ink. The bill also would require a petition for a proposed initiative measure that is circulated by persons who do receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on paper of a color other than white in a contrasting color ink. (5)Under existing law, an initiative petition must contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer. This bill would additionally require a statewide initiative, referendum, or recall petition to include a disclosure notifying the public that the petition circulator is receiving money or other valuable consideration for the specific purpose of soliciting signatures of electors, as specified. (6)Existing law provides that a person who engages in specified conduct in connection with the collection of signatures on any statewide initiative or referendum petition is guilty of a misdemeanor. This bill would require a statewide initiative or referendum petition section to be deemed invalid, and would prohibit use of the petition section for the purpose of determining whether the initiative or referendum measure qualifies for the ballot, if the signatures are solicited and submitted by a person who engages in fraud, misrepresentation, or any of the specified conduct for which he or she may be found guilty of a misdemeanor. The bill would authorize specified persons to enforce this provision by a civil action upon a showing of clear and convincing evidence. (7)Because this bill would impose new requirements on local elections officials relative to calculating and verifying signatures on a petition, it 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Section 128372 to the Health and Safety Code, to Add Section 230.9 to the Labor Code, to Amend Sections 1088.5 and 1095 Of, and to Add Division 11 (Commencing with Section 19000) To, the Unemployment Insurance Code, and to Amend Section 11025 Of, and to Add Article 7 (Commencing with Section 14199) to Chapter 7 of Part 3 of Division 9 Of, the Welfare and Institutions Code, Relating to Health Care Coverage, and Declaring the Urgency Thereof, To Take Effect Immediately. AB 880 (2013-2014) GomezSupportNo
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, to afford to qualifying individuals health care and related remedial or preventive… More
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, to afford to qualifying individuals health care and related remedial or preventive services. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law, the federal Patient Protection and Affordable Care Act, requires applicable large employers, as defined, who offer full-time employees and their dependents the opportunity to enroll in minimum essential coverage and for whom one full-time employee has been certified as having enrolled in a qualified health plan for which a premium tax credit or cost-sharing reduction is allowed or paid, to pay a specified fee. This bill would, commencing January 1, 2015, require a large employer, as defined, to pay the Employment Development Department an employer responsibility penalty for each covered employee, as defined, enrolled in Medi-Cal based on the average cost of employee-only coverage provided by large employers to their employees, including both the employer’s and employee’s share of the premiums, as specified. The bill would assess interest of 10% per annum on employer responsibility penalties not paid on or before the date payment is due, as specified, and would require a large employer subject to an employer responsibility penalty to pay a penalty, as specified, for any employer responsibility penalty payment that is more than 60 days overdue. The bill would establish the Employer Responsibility for Medi-Cal Trust Fund, which would consist of the penalty amounts and interest collected pursuant to these provisions and would require that, upon appropriation, the moneys in the fund be used by the State Department of Health Care Services to provide payment for the nonfederal share of Medi-Cal costs for covered employees, to increase reimbursement to providers of care by providing supplemental Medi-Cal payments for specified benefits and providers, to provide reimbursement to county health systems, community clinics, and other safety net providers, as defined, that provide care without expectation of compensation to those Californians who do not have minimum essential coverage, as defined, to fund medical residency programs that meet certain criteria developed by the Office of Statewide Health Planning and Development, and for all costs to implement the penalty provisions, as specified. This bill would, commencing January 1, 2015, prohibit a large employer from discharging or taking other action, as specified, against an employee who enrolls in a public health benefit program or advance premium tax credits through the California Health Benefit Exchange, and would provide that an employee is entitled to reinstatement and reimbursement of lost wages and work benefits if a large employer discharges or takes other action against an employee for those reasons. The bill would authorize an employee to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations if the employee is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer in violation of these provisions. Existing law requires employers to file specified information with the Employment Development Department, upon hiring an employee, that may be used by specified state departments, exchanges, and boards, and county departments and agencies for specified purposes, including verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, as specified, if the verification or determination is directly connected with, and limited to, the administration of the referenced state health subsidy programs. This bill would expand these provisions to allow the information to be used if the verification or determination is directly connected with, and limited to, the administration or funding of the referenced state health subsidy programs. Existing law authorizes the Director of the Employment Development Department to permit the use of information in his or her possession for specified purposes and to require reimbursement for all direct costs incurred in providing that information. Existing law provides that this information includes information provided to enable federal, state, or local government departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services if the verification or determination is directly connected with, and limited to, the administration of public social services. This bill would expand these provisions to allow the information to be used if the verification or determination is directly connected with, and limited to, the administration or funding of the public social services. Existing law also authorizes the director to permit the use of information in his or her possession and to require reimbursement for all direct costs incurred in providing that information to enable specified state departments, exchanges, and boards, and county departments and agencies, to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for specified purposes. This bill would authorize the director to provide information to enable these entities to obtain information regarding state employer identification numbers. The bill would also authorize the director to provide to the State Department of Health Care Services employer information and employee wage information on individuals who are enrolled in the Medi-Cal program to determine the employer responsibility penalties that would owed by large employers. Existing law requires the State Department of Social Services and the State Department of Health Care Services to make use of the records of the Franchise Tax Board to match unearned income against reported income of applicants for, and recipients of, aid or public social services. This bill would also require each department to use these records to match social security numbers of applicants for, and recipients of, aid or public services with their employer’s state employer identification number, which shall then be forwarded to the appropriate county welfare department or other appropriate state departments for use, as specified.This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 19132 of the Government Code, Relating to Personal Services Contracts. AB 906 (2013-2014) PanSupportYes
The State Civil Service Act authorizes state agencies to use personal services contracts if prescribed conditions are met. The act, with regard to personal services contracts permissible to achieve… More
The State Civil Service Act authorizes state agencies to use personal services contracts if prescribed conditions are met. The act, with regard to personal services contracts permissible to achieve cost savings when certain conditions are met, requires the agency to notify the State Personnel Board of its intention to enter into such a contract and requires the board to contact all organizations that represent state employees who perform the type of work to be contracted. The act also makes personal services contracts permissible under other specified conditions, without regard to cost savings. The act requires the board, at the request of an employee organization that represents state employees, to review the adequacy of a proposed or executed personal services contract, as specified. This bill would amend the act to prohibit the execution of those proposed personal services contracts permissible under specified conditions, without regard to cost savings, until the state agency proposing to execute the contract has notified all organizations that represent state employees who perform the type of work to be contracted. The bill would require the Department of General Services to establish a process to certify that notification. Hide
Relative to Arts Education. ACR 12 (2013-2014) CalderonSupportYes
This measure would declare March 2013 as Arts Education Month, would encourage all elected officials to participate with their educational communities in celebrating the arts, and would urge all… More
This measure would declare March 2013 as Arts Education Month, would encourage all elected officials to participate with their educational communities in celebrating the arts, and would urge all residents to become interested in and give full support to quality school arts programs for children and youth. Hide
An Act to Add Article 15 (Commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, Relating to Public Health. SB 1000 (2013-2014) MonningSupportNo
(1)Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce… More
(1)Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the Federal Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, or a multipack of sugar-sweetened beverages, in this state unless the beverage container or multipack bears a specified safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container to place a specified safety warning in certain locations, including, on the exterior of any vending machine that includes a sugar-sweetened beverage for sale.(2)Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2015, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. By imposing additional enforcement duties on local agencies, this bill would impose a state-mandated local program. This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the local enforcement agencies for the purpose of enforcing those provisions. The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease. (3)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Section 4068.1 to the Business and Professions Code, to Amend Section 117700 Of, and to Add Section 117670.1 To, the Health and Safety Code, and to Add Article 3.4 (Commencing with Section 47120) to Chapter 1 of Part 7 of Division 30 of the Public Resources Code, Relating to Pharmaceutical Waste. SB 1014 (2013-2014) JacksonSupportNo
(1)The Department of Resources Recycling and Recovery was required, pursuant to provisions repealed on January 1, 2013, to develop, in consultation with appropriate state, local, and federal… More
(1)The Department of Resources Recycling and Recovery was required, pursuant to provisions repealed on January 1, 2013, to develop, in consultation with appropriate state, local, and federal agencies, model programs for the collection and proper disposal of drug waste. This bill would require the department and the California State Board of Pharmacy, on or before January 1, 2016, to jointly develop and adopt regulations to authorize a participant to establish a program to collect and properly dispose of home-generated pharmaceutical waste, based upon the model guidelines developed by the department pursuant to those repealed provisions and to include specified provisions in those regulations. The bill would deem a participant operating a program in accordance with those regulations to be in compliance with all state laws and regulations concerning the handling, management, and disposal of home-generated pharmaceutical waste. (2)The Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, including pharmaceutical waste, as defined. Existing law defines the term medical waste and excludes certain types of waste from that definition. This bill would define the term “home-generated pharmaceutical waste” for purposes of that act. The bill would exclude, from the definition of medical waste, home-generated pharmaceutical waste that is handled by a collection and disposal program operating in accordance with the regulations specified above. (3)The Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacy establishments by the California State Board of Pharmacy, and makes a knowing violation of that law a misdemeanor. The bill would also authorize a pharmacy to accept the return of home-generated pharmaceutical waste from a consumer, consistent with specified federal laws. Because a knowing violation of this provision would be a crime, the bill would impose a state-mandated local program. (4)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. Hide
An Act to Add Chapter 8 (Commencing with Section 99500) to Part 65 of Division 14 of Title 3 of the Education Code, and to Add Part 21 (Commencing with Section 42301) to Division 2 of the Revenue and Taxation Code, Relating to Oil and Gas Production Taxes, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 1017 (2013-2014) EvansSupportNo
(1)Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the… More
(1)Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. This bill would establish the California Higher Education Endowment Corporation (CHEEC) in state government. The bill would establish an oversight board to govern the CHEEC, and would require that board to appoint the chief executive officer of the CHEEC. The bill would require the CHEEC to annually allocate the moneys in the continuously appropriated California Higher Education Fund, which would be created by the bill, first to the Controller, and second to the California Community Colleges, the California State University, the University of California, the Department of Parks and Recreation, and to the California Health and Human Services Agency, in specified proportions and for expenditure as provided. The bill would require the board to submit a report to the Legislature, on or before April 1 of each year, on specified topics. (2)Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, commencing July 1, 2015, impose an oil and gas severance tax for the privilege of severing oil or gas from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at specified rates, calculated as provided. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all tax revenues, penalties, and interest collected pursuant to these provisions into the California Higher Education Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. (3)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (4)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. (5)Funds appropriated by this bill and allocated to the California Community Colleges would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. (6)This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 50079 of the Government Code, Relating to Taxation. SB 1021 (2013-2014) WolkSupportNo
Existing law authorizes any school district to impose qualified special taxes within the district pursuant to specified procedures. Existing law defines “qualified special taxes” as special taxes… More
Existing law authorizes any school district to impose qualified special taxes within the district pursuant to specified procedures. Existing law defines “qualified special taxes” as special taxes that apply uniformly to all taxpayers or all real property within the school district and may exempt certain persons. This bill would provide that special taxes that apply uniformly include any special tax imposed on a per parcel basis, according to the square footage of a parcel or the square footage of improvements on a parcel, according to the classification of a parcel, and at a lower rate on unimproved property. This bill would authorize a school district to treat multiple parcels of real property as one parcel of real property for purposes of a qualified special tax, where the parcels are contiguous, under common ownership, and constitute one economic unit. Hide
An Act to Amend Section 1367.25 of the Health and Safety Code, to Amend Section 10123.196 of the Insurance Code, and to Amend Section 14132 of the Welfare and Institutions Code, Relating to Health Care Coverage. SB 1053 (2013-2014) MitchellSupportNo
Existing law, the federal Patient Protection and Affordable Care Act (PPACA), enacts various reforms to the health insurance market. Among other things, PPACA requires a nongrandfathered group health… More
Existing law, the federal Patient Protection and Affordable Care Act (PPACA), enacts various reforms to the health insurance market. Among other things, PPACA requires a nongrandfathered group health plan and a health insurance issuer offering group or individual insurance coverage to provide coverage, without imposing cost-sharing requirements, for certain preventive services, including those preventive care and screenings for women provided in specified guidelines. PPACA requires those plans and issuers to provide coverage without cost sharing for all federal Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity, as prescribed by a provider, except as specified. 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 a health care service plan contract or health insurance policy that provides coverage for outpatient prescription drug benefits to provide coverage for a variety of federal Food and Drug Administration (FDA) approved prescription contraceptive methods designated by the plan or insurer, except as specified. Existing law authorizes a religious employer, as defined, to request a contract or policy without coverage of FDA approved contraceptive methods that are contrary to the employer’s religious tenets and, if so requested, requires a contract or policy to be provided without that coverage. Existing law requires an individual or small group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2014, to cover essential health benefits, which are defined to include the health benefits covered by particular benchmark plans.Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive specified health care services, including family planning services, subject to certain utilization controls. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans.This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2016, to provide coverage for women for all prescribed and FDA approved female contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related followup services. The bill would prohibit a nongrandfathered plan contract or health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage, but would authorize cost-sharing for equivalent nonpreferred drugs, devices, or products unless, among other exceptions, the enrollee is a Medi-Cal beneficiary, as specified. The bill would include Medi-Cal managed plans, as specified, in the definition of a health care service plan for purposes of these provisions. The bill would retain the provision authorizing a religious employer to request a contract or policy without coverage of FDA approved contraceptive methods that are contrary to the employer’s religious tenets. Because a willful violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program.The bill would require utilization controls for family planning services for Medi-Cal managed care plans to be subject the cost-sharing requirements described above.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. Hide
An Act to Amend Sections 44060.5, 44125, 44271, 44275, 44280, 44281, 44282, 44283, 44287, 44299.1, and 44299.2 Of, and to Repeal Section 44299 Of, the Health and Safety Code, and to Amend Sections 9250.1, 9261.1, and 9853.6 of the Vehicle Code, Relating to Vehicular Air Pollution, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 11 (2013-2014) PavleySupportNo
(1)Existing law creates the enhanced fleet modernization program, administered by the Bureau of Automotive Repair in the Department of Consumer Affairs, to provide compensation for the retirement of… More
(1)Existing law creates the enhanced fleet modernization program, administered by the Bureau of Automotive Repair in the Department of Consumer Affairs, to provide compensation for the retirement of passenger vehicles, and light-duty and medium-duty trucks that are high polluters. Existing law provides that under this program compensation for retired vehicles for a low-income motor vehicle owner, as defined, is $1,500, and for all other motor vehicle owners, it is $1,000. Existing law authorizes this compensation to be increased by the department based on various factors, including the emissions benefits of the vehicle’s retirement. This bill would require the state board, in consultation with the bureau and no later than June 30, 2015, to update the guidelines for the enhanced fleet modernization program to include specified elements and to study and consider specified elements. The bill, in addition, would establish compensation for replacement vehicles for low-income vehicle owners at not less than $2,500 and would make this compensation available to an owner in addition to the compensation for a retired vehicle. The bill also would instead authorize an increase in the compensation under these programs for either retired or replacement vehicles only for low-income motor vehicle owners as necessary to balance maximizing air quality benefits of the program while ensuring participation by low-income motor vehicle owners, as specified.(2)Existing law, until January 1, 2016, increases vehicle registration fees, vessel registration fees, and specified service fees for identification plates by a specified amount. Existing law requires the revenue generated by the increase in those fees to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund, and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided. Existing law, until January 1, 2016, imposes on certain vehicles a smog abatement fee of $20, and requires a specified amount of this fee to be deposited in the Air Quality Improvement Fund and in the Alternative and Renewable Fuel and Vehicle Technology Fund. This bill would extend those fees in the amounts required to make these deposits into the Alternative and Renewable Fuel and Vehicle Technology Fund, the Air Quality Improvement Fund, and the Enhanced Fleet Modernization Subaccount until January 1, 2024, at which time the fees would be reduced by those amounts. (3)Existing law establishes the Carl Moyer Memorial Air Quality Standards Attainment Program, which is administered by the state board, to provide grants to offset the incremental cost of eligible projects that reduce emissions of air pollutants from sources in the state and for funding a fueling infrastructure demonstration program and technology development efforts. Existing law, beginning January 1, 2015, limits the Carl Moyer program to funding projects that reduce emissions of oxides of nitrogen (NOx). This bill would extend the current authorization for the Carl Moyer program to fund a broader range of projects that reduce emissions until January 1, 2024, and would make other conforming changes in that regard. The bill also would delete obsolete references and make conforming changes to the Carl Moyer program.(4)Section 3 of Article XIX of the California Constitution restricts the expenditure of revenues from fees and taxes imposed by the state on vehicles to specified purposes, subject to certain exceptions. This bill would require the commission and the state board to ensure that revenues from specified fees imposed on vehicles that are used for purposes of the Alternative and Renewable Fuel and Vehicle Technology Program and the Air Quality Improvement Program are expended in compliance with Section 3 of Article XIX of the California Constitution.(5)This bill would make its provisions contingent on the enactment of AB 8 of the 2013–14 Regular Session.(6)This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Section 48070.7 to the Education Code, Relating to Pupil Attendance. SB 1107 (2013-2014) MonningSupportNo
(1)Existing law authorizes the establishment of county and local school attendance review boards, and provides that any minor pupil who is a habitual truant, is irregular in attendance at school, or… More
(1)Existing law authorizes the establishment of county and local school attendance review boards, and provides that any minor pupil who is a habitual truant, is irregular in attendance at school, or is habitually insubordinate or disorderly during attendance at school may be referred to a school attendance review board. Existing law requires the governing board of a school district to adopt rules and regulations to require the appropriate officers and employees of the district to gather and transmit to the county superintendent of schools the number and types of referrals to school attendance review boards and of requests for petitions to the juvenile court. This bill would, subject to available funding, on or before September 30, 2015, and annually thereafter, require the Attorney General and the State Department of Education to jointly submit a report on elementary school truancy and chronic absenteeism in California public schools to the Governor, the Legislature, and to the State Board of Education, as specified. The bill would require the report to include information on pupils in kindergarten and grades 1 to 5, inclusive, including, among other things, attendance-related data and information regarding truancy prevention and intervention efforts by local educational agencies, as defined, or county or local prosecuting authorities, as specified. The bill would, upon the request of the Attorney General or the department, require county and local prosecuting authorities or local educational agencies, respectively, to provide the Attorney General or the department with specified information in anonymized format. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. (2)Existing law requires the Superintendent of Public Instruction to coordinate and administer a state school attendance review board, as provided. Existing law requires the Superintendent to convene the state school attendance review board at least 4 times during the year. Existing law requires the state school attendance review board to, among other things, make recommendations annually to the Superintendent, and to other state agencies as deemed appropriate, regarding the needs and services provided to high-risk youth, including youth with school attendance or behavioral problems, in the state public schools. This bill would require the state school attendance review board to annually discuss the report jointly submitted by the Attorney General and the department at a regularly scheduled meeting. The bill would authorize the state school attendance review board to provide recommendations based on the report. (3)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.(4)This bill would specify the intent of the Legislature in enacting these provisions. Hide
An Act to Amend Section 22879 Of, and to Add Section 22875.1 To, the Government Code, Relating to Postretirement Health Care Benefits. SB 1114 (2013-2014) WaltersOpposeNo
Existing law generally authorizes a state employee or annuitant to enroll in an approved health benefit plan administered by the Board of Administration of the Public Employees’ Retirement System… More
Existing law generally authorizes a state employee or annuitant to enroll in an approved health benefit plan administered by the Board of Administration of the Public Employees’ Retirement System pursuant to the Public Employees’ Medical and Hospital Care Act. Existing law establishes percentages for levels of benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled. Existing law specifies the number of years of state service a state employee needs to receive the full employer contribution payable for annuitants and the rate at which the employer contribution is required to be paid to an annuitant based on credited state service at the time of retirement. This bill would prohibit a state employee who is hired by the state for the first time on or after January 1, 2015, from receiving any portion of the employer contribution payable for annuitants unless the employee is credited with 15 years of state service at the time of retirement, at which point the employer contribution would be 50%. The bill would increase the employer contribution payable for postretirement health benefits for an employee subject to these provisions by 5% each credited year of service, reaching 100% for an annuitant with 25 years of credited state service at the time of retirement. The bill would also prohibit an annuitant subject to this section from receiving an employer contribution towards health benefits that is more generous than that provided to active state civil service employees. Existing law requires the board to pay to an employee or annuitant who is enrolled in, or whose family member is enrolled in, a Medicare health benefit plan the amount of monthly premiums, not exceeding the difference between the maximum employer contribution and the amount contributed by the employer toward the cost of premiums. This bill would require an annuitant to use medicare benefits, if he or she is eligible to receive those benefits, to the fullest extent possible. Hide
An Act to Amend Sections 1374.8, 1385.03, and 1385.04 of the Health and Safety Code, and to Amend Sections 791.27 and 10181.4 of the Insurance Code, Relating to Health Care Coverage. SB 1182 (2013-2014) LenoSupportNo
Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires the United States Secretary of Health and Human Services to establish a process for the annual review of… More
Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires the United States Secretary of Health and Human Services to establish a process for the annual review of unreasonable increases in premiums for health insurance coverage in which health insurance issuers submit to the secretary and the relevant state a justification for an unreasonable premium increase prior to implementation of the increase. 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 a health care service plan or health insurer in the individual, small group, or large group markets to file rate information with the Department of Managed Health Care or the Department of Insurance. For individual and small group contracts and policies, existing law requires a plan or insurer to file rate information at least 60 days prior to implementing a rate change and requires a plan or insurer to disclose with each filing specified information by aggregate benefit category. Existing law allows a health care service plan that exclusively contracts with no more than 2 medical groups to provide or arrange for professional medical services for enrollees of the plan to meet this requirement by disclosing its actual trend experience for the prior year using benefit categories that are the same or similar to those used by other plans. This bill would specify the benefit categories to be used for that purpose and would make other related changes. For large group plan contracts and policies, existing law requires a plan or insurer to file rate information with the department at least 60 days prior to implementing an unreasonable rate increase, as defined in PPACA. Existing law requires the plan or insurer to also disclose specified aggregate data with that rate filing. This bill would instead require the plan or insurer to file rate information with the department at least 60 days prior to implementing a rate increase that exceeds 5% of the prior year’s rate. The bill would also require that the plan or insurer disclose specified data for each rate filing that exceeds 5% of the prior year’s rate for that group, including, but not limited to, company name and contact information, annual rate, and average rate change initially requested. The bill would require a plan or insurer to annually disclose additional aggregate data for all products sold in the large group market and to provide deidentified claims data at no charge to a large group purchaser that requests the information and meets specified conditions. Existing law prohibits, with exceptions, a health care service plan or health insurer from releasing any information to an employer that would directly or indirectly indicate to the employer that an employee is receiving or has received services from a health care provider covered by the plan unless authorized to do so by the employee. This bill would exempt from the prohibition the release of relevant information for the purposes set forth in the provisions regarding the review of rate increases. Because a willful violation of the bill’s requirements by a health care service plan 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. Hide
An Act to Amend Section 1770 of the Civil Code, and to Add Article 6 (Commencing with Section 12098.10) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, Relating to Consumer Affairs, and Making an Appropriation Therefor. SB 12 (2013-2014) CorbettSupportYes
Existing law makes unlawful certain acts identified as unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result, or that… More
Existing law makes unlawful certain acts identified as unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result, or that results, in the sale or lease of goods to any consumer. This bill would additionally make unlawful the act of representing a product as made in California, by using a specified Made in California label, unless the product complies with the requirements of the Made in California Program established by the Governor’s Office of Business and Economic Development. The bill would require the office to report to the Legislature on January 1, 2015, and annually thereafter, regarding expenditures and progress of the program. The bill would additionally authorize the office to receive monetary donations and other donations from businesses, nonprofit organizations, or the public, for implementation of the program, as specified, and would authorize the office to charge a registration fee for participation in the program. The bill would create the Made in California Fund within the State Treasury. This bill would authorize the continuous appropriation of donated funds, as specified, to the director, for the purposes of the program, and require any other funds deposited and maintained in the Made in California Fund to be available for the same purpose subject to appropriation by the Legislature. Hide
An Act to Add Chapter 7.5 (Commencing with Section 750) to Division 1 of Title 1 of the Corporations Code, Relating to Corporations. SB 121 (2013-2014) EvansSupportNo
Existing law, the General Corporation Law, provides for the regulation of corporations. Under existing law, the board of directors of a corporation is required, except as specified, to send an annual… More
Existing law, the General Corporation Law, provides for the regulation of corporations. Under existing law, the board of directors of a corporation is required, except as specified, to send an annual report to shareholders containing, among other things, a balance sheet as of the end of that fiscal year and an income statement and a statement of cashflows for that fiscal year. The Political Reform Act of 1974 provides for the regulation of political campaign financing, including the reporting and disclosure of campaign contributions and expenditures. Under the act, elected officers, candidates for elective office, and campaign committees are required to file periodic campaign statements that disclose specified information for specified reporting periods, including the amount of contributions received and the identities of donors. This bill would require a corporation, as defined, that reasonably believes it has one or more shareholders located in this state and that makes a contribution or expenditure, as defined, to, or in support of or in opposition to, a candidate, ballot measure campaign, or a signature-gathering effort on behalf of a ballot measure, political party, or political action committee to issue a report on the political expenditures of the corporation in the previous fiscal year, and to notify shareholders not less than 24 hours prior to each political contribution during the fiscal year, by specified means, including posting the report and notification on the corporation’s Internet Web site, if any. This bill would provide for a civil cause of action for damages by specified shareholders against a corporation for willful or reckless violations of the bill’s provisions and would specify a prevailing shareholder’s remedies. The bill would require a corporation to maintain records that include copies of the reports on its political activities for 5 years, and to make copies of these reports available to the Secretary of State upon request. The bill would also state findings and declarations of the Legislature. Hide
An Act to Amend Sections 9, 101, 9002, 9004, 9005, 9014, 9030, 9031, 9033, 9034, 9051, 9082.7, 9092, 9094.5, 9604, and 18621 of the Elections Code, and to Amend Section 88006 of the Government Code, Relating to Elections. SB 1253 (2013-2014) SteinbergSupportNo
(1)Under existing law, the text of a proposed initiative measure is required to be submitted to the Attorney General for preparation of a circulating title and summary before the petition may be… More
(1)Under existing law, the text of a proposed initiative measure is required to be submitted to the Attorney General for preparation of a circulating title and summary before the petition may be circulated for signatures. Existing law requires the Department of Finance and the Joint Legislative Budget Committee to jointly develop an estimate of the fiscal impact of the initiative measure and to deliver that fiscal estimate to the Attorney General within 25 working days, except as specified, for inclusion in the circulating title and summary. Existing law further requires the Secretary of State, upon request of the proponents of an initiative measure, to review the provisions of the initiative measure and to comment on the provisions of the measure with respect to form and language clarity. This bill would require the Attorney General, upon receipt of a request to prepare the circulating title and summary, to initiate a 30-day public review process for the proposed initiative measure, as specified. The bill would require that the fiscal estimate be prepared jointly by the Department of Finance and the Legislative Analyst. The bill would require the estimate to be delivered to the Attorney General within 50 days of the date of receipt of the proposed initiative measure by the Attorney General instead of 25 working days from the receipt of the final version of the proposed initiative measure. (2)Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law, including provisions of the Political Reform Act of 1974, requires the Secretary of State to make a copy of the ballot pamphlet available for public examination at least 20 days before the Secretary of State submits the copy to the State Printer. This bill would impose specified requirements with respect to the ballot materials required to be prepared by the Attorney General. The bill would extend the number of days, from 20 to 25, that the Secretary of State is required to make the copy of the ballot pamphlet available for public examination. (3)Existing law prohibits a petition for a proposed initiative or referendum measure from being circulated prior to the official summary date, and prohibits a petition with signatures on a proposed initiative measure from being filed with the county elections official later than 150 days from the official summary date. This bill would extend the date that a petition with signatures on a proposed initiative measure is required to be filed with the county elections official to not later than 180 days from the official summary date. (4)Existing law requires the Secretary of State to notify the proponents, and immediately transmit to the elections official or registrar of voters of every county or city and county in the state a certificate, when the Secretary of State has received from one or more elections officials or registrars a petition certified to have been signed by the requisite number of qualified voters. This bill would instead require the Secretary of State to issue a notice directing that signature verification be terminated. The bill would require the Secretary of State to identify the date of the next statewide election and, on the 131st day prior to that election, to issue a certificate of qualification certifying that the initiative measure is qualified for the ballot at that election. The bill would provide that, upon the issuance of that certification, the initiative measure would be deemed qualified for the ballot for purposes of specified provisions of the California Constitution. (5)Under existing law, the Secretary of State is required to transmit copies of an initiative measure and its circulating title and summary to the Senate and the Assembly after the measure is certified to appear on the ballot for consideration by the voters. Existing law requires that each house of the Legislature assign the initiative measure to its appropriate committees, and that the committees hold joint public hearings on the subject of the proposed measure prior to the date of the election at which the measure is to be voted upon, as specified. This bill would require the Secretary of State to transmit copies of the initiative measure and circulating title and summary to the Legislature after receiving a certification from the initiative proponents, signed under penalty of perjury, that they have collected 25% of the number of signatures needed to qualify the initiative measure for the ballot. The bill would require the appropriate committees of the Senate and Assembly to hold the joint public hearing on the subject of the measure not later than 131 days prior to the date of the election at which the measure is to be voted upon. (6)Existing law requires the Secretary of State to disseminate the complete state ballot pamphlet over the Internet and to establish a process to enable a voter to opt out of receiving the state ballot pamphlet by mail. Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives, including making information available online as well as through other information processing technology. This bill would require the Secretary of State to establish processes to enable a voter to receive the state ballot pamphlet in an electronic format instead of by mail. The bill would also require the Secretary of State to create an Internet Web site, or use other available technology, to consolidate information about each ballot measure in a manner that is easy for voters to access and understand. The Internet Web site would be required to include a summary of each ballot measure and to identify the donors and other sources of funding for the campaigns for and against each ballot measure. (7)Existing law authorizes the proponents of a statewide initiative or referendum measure to withdraw the measure at any time before filing the petition with the appropriate elections official. Existing law also requires that state initiative petitions circulated for signature include a prescribed notice to the public. This bill would authorize the proponents of a statewide initiative or referendum measure to have the measure withdrawn from the ballot at any time before the measure qualifies for the ballot. The bill would require a petition for a statewide initiative measure to contain additional prescribed language in its notice to the public describing the right of proponents to withdraw the measure from the ballot, as specified. (8)Existing law makes certain activities relating to the circulation of an initiative, referendum, or recall petition a criminal offense. The bill would make it a crime for a proponent of a statewide initiative measure to seek, solicit, bargain for, or obtain any money or thing of value of or from any person, firm, or corporation for the purpose of withdrawing an initiative petition after filing it with the appropriate elections official. By establishing a new crime, this bill would impose a state-mandated local program. (9)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. (10)The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. Hide
An Act to Amend Section 4119.2 of the Business and Professions Code, and to Amend Section 49414 of the Education Code, Relating to Pupil Health. SB 1266 (2013-2014) HuffOpposeNo
(1)Existing law authorizes a school district or county office of education to provide emergency epinephrine auto-injectors to trained personnel, and authorizes trained personnel to use epinephrine… More
(1)Existing law authorizes a school district or county office of education to provide emergency epinephrine auto-injectors to trained personnel, and authorizes trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering from an anaphylactic reaction. Existing law authorizes each public and private elementary and secondary school in the state to designate one or more school personnel on a voluntary basis to receive initial and annual refresher training regarding the storage and emergency use of an epinephrine auto-injector, as specified. Existing law authorizes a school nurse, or a person who has received the training described above if the school does not have a school nurse, to, among other things, obtain a prescription for epinephrine auto-injectors. This bill would instead require school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and would authorize school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. The bill would require school districts, county offices of education, and charter schools to distribute a notice requesting volunteers at least once a year. The bill would require a qualified supervisor of health, as specified, to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and would authorize the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. The bill would require epinephrine auto-injectors to be stocked and restocked by a qualified supervisor of health, or a schoolsite employee, if there is no qualified supervisor of health, in accordance with specified provisions. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2)Existing law requires the Superintendent of Public Instruction to establish minimum standards of training for the administration of epinephrine auto-injectors, as specified, and requires a school district or county of office of education to create a plan relating to their use. This bill would revise the training requirements, and would require the Superintendent to review the minimum standards of training at least every 5 years. The bill would delete the requirement for creating a plan, and would impose specified reporting requirements relating to the use of epinephrine auto-injectors on specified school employees, local educational agencies, and the State Department of Education. The bill would require a school district, county office of education, or charter school to ensure that each employee who volunteers is provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, as specified. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of the public school carrying out these provisions. By requiring local educational agencies to perform additional duties related to epinephrine auto-injectors, the bill would impose a state-mandated local program. (3)Existing law authorizes a pharmacy to furnish epinephrine auto-injectors to a school district or county office of education if certain requirements are met. This bill would also authorize a pharmacy to furnish epinephrine auto-injectors to charter schools pursuant to those provisions. (4)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Submit an Advisory Question to the Voters Relating to Campaign Finance, Calling an Election, to Take Effect Immediately. SB 1272 (2013-2014) LieuSupportYes
This bill would call a special election to be consolidated with the November 4, 2014, statewide general election. The bill would require the Secretary of State to submit to the voters at the November… More
This bill would call a special election to be consolidated with the November 4, 2014, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 4, 2014, consolidated election an advisory question asking whether the Congress of the United States should propose, and the California Legislature should ratify, an amendment or amendments to the United States Constitution to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, as specified. The bill would require the Secretary of State to communicate the results of this election to the Congress of the United States. This bill would declare that it is to take effect immediately as an act calling an election. Hide
An Act to Add Section 3517.55 to the Government Code, Relating to Public Employment. SB 1288 (2013-2014) HuffOpposeNo
Existing law generally grants state employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all… More
Existing law generally grants state employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law requires the Governor, or his or her representative, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law requires the Governor and a recognized employee organization, if agreement is reached, to jointly prepare a written memorandum of understanding that, if appropriate, shall be presented to the Legislature for approval. This bill would prohibit a bill presented to the Legislature for approval of a memorandum of understanding from providing for the approval of more than one memorandum of understanding. Hide
An Act to Add Section 6401.8 to the Labor Code, Relating to Occupational Safety and Health. SB 1299 (2013-2014) PadillaSupportNo
Existing law regulates the operation of health facilities, including hospitals. The California Occupational Safety and Health Act of 1973 imposes safety responsibilities on employers and employees,… More
Existing law regulates the operation of health facilities, including hospitals. The California Occupational Safety and Health Act of 1973 imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. This bill would require the Occupational Safety and Health Standards Board, no later than July 1, 2016, to adopt standards developed by the Division of Occupational Safety and Health that require specified types of hospitals, including a general acute care hospital or an acute psychiatric hospital, to adopt a workplace violence prevention plan as a part of the hospital’s injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior. The bill would require the standards to include prescribed requirements for a plan. The bill would require the division, by January 1, 2017, and annually thereafter, to post a report on its Internet Web site containing specified information regarding violent incidents at hospitals. The bill would exempt certain state-operated hospitals from these provisions. Because this bill would expand the scope of 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. Hide
An Act to Amend Sections 7522.02, 7522.04, 7522.10, 7522.25, 7522.30, 7522.32, 7522.34, 7522.40, 7522.43, 7522.56, 7522.72, 7522.74, 20683.2, 21400, 31494.1, 31800, 31808, and 31812 Of, and to Repeal Section 7522.66 Of, the Government Code, Relating to Public Employees’ Retirement, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 13 (2013-2014) BeallSupportYes
(1)The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) and the Teachers’ Retirement Law establishes the State Teachers’ Retirement System… More
(1)The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) and the Teachers’ Retirement Law establishes the State Teachers’ Retirement System for the purpose of providing pension benefits to specified public employees. Existing law also establishes the Judges’ Retirement System II which provides pension benefits to elected judges and the Legislators’ Retirement System which provides pension benefits to elective officers of the state other than judges and to legislative statutory officers. The County Employees Retirement Law of 1937 authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees. The California Public Employees’ Pension Reform Act of 2013 (PEPRA), on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan, setting the maximum benefit allowable for employees first hired on or after January 1, 2013, as a formula commonly known as 2.5% at age 67 for nonsafety members, one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57, and 1.25% at age 67 for new state miscellaneous or industrial members who elect to be in Tier 2. Under PEPRA, the Judges’ Retirement System and the Judges’ Retirement System II are not required to adopt the defined benefit formula contained in certain other provisions. This bill would correct an erroneous cross-reference in the above provision and would instead specify that the Judges’ Retirement System and the Judges’ Retirement System II are not required to adopt the defined benefit formula contained in other provisions for nonsafety and safety members. The bill would except from PEPRA certain multiemployer plans authorized under, and regulated by, specified federal law. The bill would also except from PEPRA public employees whose collective bargaining rights are subject to specified provisions of federal law until a specified federal district court decision on certification by the United States Secretary of Labor, or his or her designee, or until January 1, 2015, whichever is sooner. The bill would also provide that if a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of PEPRA to those public employees precludes certification, those employees are excepted from PEPRA. The bill would clarify the application of PEPRA to employees who were employed prior to January 1, 2013, who have service credit in a different retirement system or who change positions for the same employer without a break in service, as specified. The bill would authorize a public retirement system to adopt regulations and resolutions in order to modify its retirement plan or plans to conform with PEPRA. (2)PEPRA authorizes a public employer offering a retirement benefit plan consisting solely of a defined contribution plan prior to January 1, 2013, to continue to offer that plan instead of the defined benefit plan required pursuant to PEPRA. However, PEPRA requires an employer that adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, to conform the plan or formula to the requirements of PEPRA or be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula and to be approved by the Legislature. Under that law, new members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of PEPRA. This bill would specify that the above provisions are not to be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, if the employer did not offer a defined contribution plan prior to that date. (3)PEPRA defines pensionable compensation for new members and limits payments and compensation that may be used to calculate a defined benefit for new members and provides that this number shall be adjusted based on changes to the Consumer Price Index for All Urban Consumers. PEPRA permits an employer to provide a contribution to a defined contribution plan for compensation that is in excess of that limit subject to other limits described in federal law. PEPRA excludes specified payments from the definition of pensionable compensation. This bill would specify the method by which adjustments to pensionable compensation limits based on the Consumer Price Index are to be made and which consumer price index is to be used for this purpose. The bill would revise how limits on an employer’s contributions to a defined contribution plan are to be determined, as specified, and would specifically authorize a retirement system to limit the pensionable compensation used to calculate contributions for new members in this regard. The bill would specify that the exclusions from pensionable compensation apply to new members. The bill would prescribe requirements for exclusions from pensionable compensation that are collectively bargained with represented state employees or imposed on nonrepresented state employees. (4)On and after January 1, 2013, PEPRA requires each retirement system that offers a defined benefit plan for safety members of the system to use one or more of specified defined benefit formulas and requires an employer to offer one or more of those formulas to new employees who are safety employees eligible for membership in the program. This bill would instead require an employer to offer one or more of those formulas to new members who are safety employees. (5)On and after January 1, 2013, PEPRA requires new employees of specified public employers, the California State University, and the judicial branch who participate in a defined benefit plan to have an initial contribution rate of at least 50% of the normal cost rate for that defined benefit plan, rounded to the nearest 14 of 1%, or the current contribution rate of similarly situated employees, whichever is greater. This bill would make that provision applicable to new members employed by those entities and new members employed by the Legislature. The bill would also specify that this contribution rate for new members shall be the greater of the above 2 rates, if the greater, current contribution rate has been agreed to through the collective bargaining process. The bill would specify, with regard to the definition of normal cost, that a retirement system’s actuary may use either of 2 rates of contribution, as may be applicable to the retirement system. The bill would require that, for purposes of calculating the normal cost rate, the actuarial valuation of retirement benefits includes any elements that impact the actuarial determination of the normal cost, including, but not limited to, the retirement formula, eligibility and vesting criteria, ancillary benefit provisions, and any automatic cost-of-living adjustments. (6)PEPRA provides, for the purpose of determining a retirement benefit paid to a person who first becomes a member of a public retirement system on or after January 1, 2013, that final compensation means the member’s highest average annual pensionable compensation earned, as defined, during a period of at least 36 consecutive months, or at least 3 school years, as specified. This bill would provide for the purpose defining final compensation, as described above, the school years are to be consecutive. (7)PEPRA prohibits a public employer from providing a retirement health benefit vesting schedule to a manager or an employee or officer who is excluded from collective bargaining that is more advantageous than that provided generally to other public employees of the same employer who are in related membership classifications. This bill would clarify that these provisions do not require an employer to change the vesting schedule of any employee who was subject to a specific retiree health benefit vesting schedule prior to January 1, 2013, or who had a contractual agreement prior to January 1, 2013, for a specific retiree health vesting schedule and make technical changes. (8)On and after January 1, 2013, PEPRA prohibits a public employer from offering a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by specified federal law. On and after January 1, 2013, PEPRA makes that prohibition and certain other provisions related to replacement benefits applicable to new employees. This bill would instead make those provisions applicable to new members. (9)PEPRA generally prohibits a retired person who retires from a public employer from serving, being employed by, or being employed through a contract directly by, a public employer in the same retirement system from which the retiree receives a pension benefit without reinstatement, subject to certain exceptions and limitations. The act prohibits reemployment of a retiree pursuant to these provisions for a period of 180 days following the date of retirement unless he or she falls within certain exceptions to the prohibition, of which one is that the retiree is a public safety officer or a firefighter. This bill would clarify that, for a retiree who is a public safety officer or a firefighter, he or she must be hired to perform a function or functions regularly performed by a safety officer or firefighter. (10)PEPRA, until January 1, 2018, authorizes a safety member of a public retirement system who retires for industrial disability to receive a disability retirement equal to the greater of specified benefit amounts. This bill would repeal the above provision. (11)PEPRA requires that a public employee, including one who is elected or appointed to a public office, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, forfeit rights, and benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. This bill would provide that these provisions supplement the application of specified forfeiture provisions with respect to a judge and, if there is a conflict, the provisions that result in the greatest forfeiture or provide the most stringent procedural requirements shall apply. (12)PERL prescribes increases in required employee defined benefit plan contributions, in relation to the normal cost of benefits, for specified bargaining units. PERL requires that contribution rates for employees who are exempted from the definition of state employee and for officers and employees of the executive, legislative, or judicial branches of government who are not members of the civil service be adjusted consistent with those provisions. PERL requires that savings realized from specified employee contribution increases be allocated, upon appropriation by the Legislature, to any unfunded liability. This bill would apply the provisions described above to state employees excluded from collective bargaining. The bill would authorize the California State University, on or after January 1, 2019, to require that its member employees pay up to certain percentages of the normal cost of benefits, depending on employment classification, as specified. The bill would except savings realized by the California State University as a result of increased employee contribution rates from allocation to unfunded liability and would make a statement of intent in this regard. (13)Under PEPRA, a state safety member of PERS who retires on or after January 1, 2013, for industrial disability receives a disability retirement benefit equal to the greater of certain benefits, including, among others, 50% of his or her final compensation, plus an annuity purchased with his or her accumulated contributions, if any. This bill would clarify that the portion of the industrial disability retirement benefit described above refers to an annuity purchased with the member’s accumulated additional contributions. (14)The County Employees Retirement Law of 1937 (CERL) establishes an alternative retirement plan that is applicable to Los Angeles, which includes both contributory and noncontributory plans. CERL prescribes specified formulas for computation of the retirement allowance payable for a service retirement, and for the computation of contributions, for certain members, including those to whom the federal Social Security Act applies. This bill would make a technical change in the alternate retirement plan that is applicable to Los Angeles. The bill would specify that certain formulas prescribed by CERL do not apply to a person who becomes a member of a county retirement system under a benefit plan subject to PEPRA, as specified. (15)This bill would make legislative findings and declarations regarding its relation to existing law and intended application. (16)This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 300, 301, 302, 420, 500, 720, 721, 750, 751, 752, 754, 761, 1102, 1500, 1620, 1839, 2200, 2201, 2210, 2211, 2322, 2400, 2401, 3120, 3450, 3551, 3580, 3585, 3600, 4323, and 4930 Of, to Amend the Heading of Chapter 2 (Commencing with Section 720) of Part 1 of Division 4 Of, to Amend the Heading of Chapter 3 (Commencing with Section 1620) of Part 5 of Division 4 Of, to Repeal Section 308.5 Of, and to Repeal and Add Section 308 Of, the Family Code, Relating to Marriage. SB 1306 (2013-2014) LenoSupportYes
An existing provision of the California Constitution, which has been held unenforceable, states that only marriage between a man and a woman is valid or recognized in this state. An existing… More
An existing provision of the California Constitution, which has been held unenforceable, states that only marriage between a man and a woman is valid or recognized in this state. An existing statutory provision likewise provides that only marriage between a man and a woman is valid or recognized in this state. This bill would repeal that statutory provision. Existing statutory law provides that marriage is a personal relationship arising out of a civil contract between a man and a woman. Under existing law, a marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state, except that a marriage between 2 persons of the same sex contracted outside this state is valid in this state only if the marriage was contracted prior to November 5, 2008. This bill would instead provide that marriage is a personal relation arising out of a civil contract between 2 persons, and would make conforming changes with regard to the consent to, and solemnization of, marriage. The bill would also delete the limitation on the validity of marriages contracted outside this state between 2 persons of the same sex. Under existing law, a reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case. The bill would delete references to “husband” or “wife” in the Family Code and would instead refer to a “spouse,” and would make other related changes. Existing law establishes, except as specified, a rebuttable presumption of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. This bill would make that rebuttable presumption of decreased need for spousal support applicable if the supported party is cohabitating with a “nonmarital partner.” This bill would declare that the purpose of the act is to clarify that laws relating to marriage and the rights and responsibilities of spouses apply equally to opposite-sex and same-sex spouses and that the changes are not intended to affect existing decisional law otherwise interpreting the laws amended in the act. Hide
An Act to Amend Section 23151 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. SB 1372 (2013-2014) DeSaulnierSupportNo
The Corporation Tax Law imposes taxes according to or measured by net income at a rate of 8.84%, or for financial institutions, at a rate of 10.84%, as specified. This bill would, for taxable years… More
The Corporation Tax Law imposes taxes according to or measured by net income at a rate of 8.84%, or for financial institutions, at a rate of 10.84%, as specified. This bill would, for taxable years beginning on and after January 1, 2015, revise that rate for taxpayers that are publicly held corporations, as defined, and instead impose an applicable tax rate from 7% to 13%, or for financial institutions, from 9% to 15%, based on the compensation ratio, as defined, of the corporation. This bill would increase the applicable tax rate by 50% for those taxpayers that have a specified decrease in full-time employees employed in the United States as compared to an increase in contracted and foreign full-time employees, as described. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. Hide
An Act to Add Section 30015 to the Penal Code, Relating to Firearms, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 140 (2013-2014) SteinbergSupportYes
Existing law establishes the Dealers’ Record of Sale Special Account in the General Fund with moneys in the account available upon appropriation by the Legislature. Existing law requires the… More
Existing law establishes the Dealers’ Record of Sale Special Account in the General Fund with moneys in the account available upon appropriation by the Legislature. Existing law requires the Attorney General to establish and maintain an online database to be known as the Prohibited Armed Persons File, sometimes referred to as the Armed Prohibited Persons System, to cross-reference persons who have ownership or possession of a firearm with those who are prohibited from owning or possessing a firearm. This bill would appropriate $24,000,000 from the Dealers’ Record of Sale Special Account to the Department of Justice to address the backlog in the Armed Prohibited Persons System, thereby making an appropriation. The bill would require the department to report to the Joint Legislative Budget Committee regarding ways the backlog in the Armed Prohibited Persons System has been reduced or eliminated, as specified. The bill would make related findings and declarations. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add and Repeal Section 1367.007 of the Health and Safety Code, and to Add and Repeal Section 10112.7 of the Insurance Code, Relating to Health Care Coverage. SB 189 (2013-2014) MonningSupportNo
Existing 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 allows the… More
Existing 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 allows the premium rate charged by a health insurance issuer offering small group or individual coverage to vary only by family composition, rating area, age, and tobacco use, as specified, and prohibits discrimination against individuals based on health status, as specified. PPACA prohibits a health insurance issuer from requiring any individual to pay a premium or contribution that is greater than the premium or contribution paid by a similarly situated individual on the basis of any health status-related factor and prohibits construing this provision to prevent a group health insurance issuer from establishing premium discounts or rebates or modifying copayments or deductibles in return for adherence to wellness programs, as specified. 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 allows small employer health care service plan contracts and health insurance policies for plan years on or after January 1, 2014, to vary rates only based on age, geographic region, and family size, as specified. This bill, until January 1, 2020, would prohibit a health care service plan or health insurer from offering a wellness program in connection with a group health care service plan contract or group health insurance policy, or offering an incentive or reward under a group health care service plan contract or group health insurance policy, based on adherence to a wellness program, unless specified requirements are satisfied. The bill would specify that it does not apply to wellness programs established prior to its enactment provided that those programs comply with all other applicable laws, as specified. 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. Hide
An Act to Add Title 1.6C.5 (Commencing with Section 1788.50) to Part 4 of Division 3 of the Civil Code, and to Amend Sections 700.010, 706.103, 706.104, 706.108, and 706.122 Of, and to Add Section 581.5 To, the Code of Civil Procedure, Relating to Debt Buyers. SB 233 (2013-2014) LenoSupportYes
(1)Existing state and federal law regulate the practice of debt collection. Existing state law prohibits a debt collector from engaging in specified conduct, including the use of threats or causing a… More
(1)Existing state and federal law regulate the practice of debt collection. Existing state law prohibits a debt collector from engaging in specified conduct, including the use of threats or causing a telephone to ring repeatedly to annoy the person called. Existing law prohibits a debt collector from obtaining an affirmation from a debtor of a consumer debt that has been discharged in bankruptcy, without clearly and conspicuously disclosing to the debtor, in writing, the fact that the debtor is not legally obligated to make such affirmation. This bill would enact the Fair Debt Buying Practices Act, which would regulate the activities of a person or entity that has bought charged-off consumer debt, as defined, for collection purposes and the circumstances pursuant to which the person may bring suit. The bill would apply to consumer debt sold or resold on or after January 1, 2014. The bill would prohibit a debt buyer, as defined, from making any written statement in an attempt to collect a consumer debt unless the debt buyer possesses information that the debt buyer is the sole owner or is authorized to assert the rights of all owners of the specific debt at issue, the debt balance, as specified, and the name and address of the creditor at the time the debt was charged off, among other things. The bill would require the debt buyer to make certain documents available to the debtor, without charge, upon receipt of a request, within 15 days. The bill would require that a specified notice be included with the debt buyer’s first written communication with the debtor. The bill would require all settlement agreements between a debt buyer and a debtor to be documented in open court or otherwise in writing and would require a debt buyer who receives a payment on a debt to provide a receipt or statement containing certain information. The bill would prohibit a debt buyer from initiating a suit to collect a debt if the statute of limitations on the cause of action has expired. The bill would prescribe penalties for each violation of the act and would provide that its provisions may not be waived. The bill would require a debt buyer bringing an action on consumer debt to include certain information in his or her complaint. The bill would prohibit an entry of judgment in favor of a plaintiff debt buyer unless business records authenticated through a sworn declaration and relating to the debt and ownership of it, among other things, are submitted by the debt buyer to the court, and would permit a court to dismiss a debt buyer’s action to collect with prejudice if this information is not provided or if the debt buyer fails to appear or is not prepared on the date scheduled for trial. (2)Existing law establishes a process for the enforcement of money judgments and requires a levying officer to provide certain documents and information to a judgment debtor and to a designated employer in connection with wage garnishment. Existing law permits a process server also to serve an earnings withholding order on an employer and requires that the process server also serve certain documents at this time. Existing law requires an employer who is served with an earnings withholding order to provide certain documents to an employee who is a judgment debtor. This bill would require, in the circumstances described above, that a copy of the form that the judgment debtor may use to make a claim of exemption and a copy of the form used to provide a financial statement also be provided. Hide
An Act to Add Part 21 (Commencing with Section 42001) to Division 2 of the Revenue and Taxation Code, Relating to Taxation, and Making an Appropriation Therefor. SB 241 (2013-2014) EvansSupportNo
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for… More
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil and gas severance tax upon any operator, as defined, for the privilege of severing oil or gas from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the specified rates, calculated as provided. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all tax revenues, penalties, and interest collected pursuant to these provisions into the California Higher Education Fund, a continuously appropriated fund created by this bill, for allocation to the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, the Department of Parks and Recreation, and to a reserve account, as provided. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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. Hide
An Act to Amend Sections 1164, 1164.3, and 1164.11 of the Labor Code, Relating to Employment. SB 25 (2013-2014) SteinbergSupportNo
Existing law specifies the time for filing a declaration by an agricultural employer, as defined, or a certified labor organization representing agricultural employees that the parties have failed to… More
Existing law specifies the time for filing a declaration by an agricultural employer, as defined, or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. Under existing law, the declaration may be filed under specified circumstances, including 90 days after a renewed demand to bargain where the parties have failed to reach agreement for at least one year, the employer committed an unfair labor practice, and the parties have not previously had a binding contract between them. This bill would require the agricultural employer or labor organization filing the declaration to additionally declare that it has made itself available to meet and bargain with the other party at reasonable times and places during the applicable period. This bill would permit the filing of a declaration as described above without having to meet the condition that the parties have not previously had a binding contract between them. Existing law provides that within 60 days of a decision by the Agricultural Labor Relations Board taking effect, a party may file an action to enforce the order, using specified procedures. Existing law provides that during the pendency of any appeal of the board’s order, the order may not be stayed unless the appellant demonstrates that he or she is likely to prevail on the merits and that he or she will be irreparably harmed by implementation of the board’s order. This bill would provide that an action to enforce the order of the board may be filed within 60 days whether or not the other party is seeking judicial review of the order. The bill would also increase the evidentiary threshold for the court to grant a stay of the board’s order and require the court to make written findings supporting any order granting a stay of the order during the pendency of the appeal. Hide
An Act to Amend Section 18901.3 of the Welfare and Institutions Code, Relating to Social Services. SB 283 (2013-2014) HancockSupportNo
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition… More
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, a person convicted of specified drug offenses, including transporting, selling, furnishing, administering, giving away, possessing for sale, purchasing for purpose of sale, or manufacturing a controlled substance, is ineligible to receive CalFresh benefits. Existing law authorizes the payment of CalFresh benefits to other convicted drug felons who have participated in, or are on the waiting list for, a drug treatment program, or who can show other evidence that the illegal use of controlled substances has ceased. This bill would authorize CalFresh benefits to be paid to an individual who is convicted in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined. If the person is on supervised release, he or she would be ineligible for CalFresh benefits during any period of revocation of that supervised release where the revocation results in the individual’s incarceration. The bill would authorize implementation and administration of these provisions by all-county letters or similar instructions from the Director of Social Services, developed in consultation with specified entities, and would, thereafter, require the State Department of Social Services to adopt regulations by January 1, 2015. Because counties administer CalFresh, this bill would increase county duties by potentially expanding the eligible population, and would thereby 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 3020, 3117, 4103, 15101, and 15372 of the Elections Code, Relating to Elections. SB 29 (2013-2014) CorreaSupportNo
(1)Existing law makes the vote by mail ballot available to any registered voter, including military or overseas voters. Existing law requires that those vote by mail ballots, including those vote by… More
(1)Existing law makes the vote by mail ballot available to any registered voter, including military or overseas voters. Existing law requires that those vote by mail ballots, including those vote by mail ballots cast by military or overseas voters, be received by the elections officials from whom they were obtained or by the precinct boards before the polls close on election day in order to be counted. Existing law authorizes certain local, special, or consolidated elections to be conducted wholly by mail, so long as specified conditions are satisfied. Existing law requires ballots cast in these vote by mail elections to be returned to the elections official from whom they were obtained no later than 8 p.m. on election day. This bill would, notwithstanding the above provisions, provide that any vote by mail ballot, including any vote by mail ballot cast by a military or overseas voter, is timely cast if it is received by the voter’s elections official no later than 3 days after election day, and either the ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day or, if the ballot has no postmark, a postmark with no date, or an illegible postmark, the vote by mail ballot identification envelope is signed and dated on or before election day. Because the bill would expand the duties of local elections officials, it would impose a state-mandated local program. (2)Existing law permits any jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballot return envelopes 29 days prior to election, and authorizes any jurisdiction having the necessary computer capability to start processing vote by mail ballots 7 business days prior to the election. This bill would instead authorize any jurisdiction having the necessary computer capability to start processing vote by mail ballots 10 business days prior to the election. (3)Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 28 days of the election, except for specified elections. This bill would instead require the elections official to submit the certified statement of the results of the election to the governing body within 30 days of the election. (4)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Section 31910 of the Penal Code, Relating to Firearms. SB 293 (2013-2014) DeSaulnierSupportNo
Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are… More
Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified. Existing law requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe. Other provisions of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe.This bill would define an owner-authorized handgun as a handgun that has a permanent feature that renders the handgun incapable of being fired except when activated by the lawful owner or owners of the handgun. The bill would specify requirements that an owner-authorized handgun would be required to meet, and would require a manufacturer that has developed an owner-authorized handgun meeting those requirements to submit the handgun for testing, at the manufacturer’s expense, before the handgun may be placed on the roster of handguns determined not to be unsafe. If two owner-authorized handguns have been placed on the roster, the bill would, commencing two years from the date that the second handgun was placed on the roster, prohibit the Department of Justice from placing a handgun on the roster that is not an owner-authorized handgun.By expanding the application of provisions of law that define a criminal offense, 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. Hide
An Act to Amend Sections 84100, 84101, 84200.6, 84203, 84203.3, 84204, 84220, 84300, 84602, 84605, and 91013 Of, to Amend and Renumber Sections 82036 and 82036.5 Of, and to Add Section 84620 To, the Government Code, Relating to the Political Reform Act of 1974. SB 3 (2013-2014) YeeSupportNo
(1)Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as… More
(1)Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements on campaign committees, as defined. The act requires the Secretary of State, in consultation with the Fair Political Practices Commission, to develop online and electronic filing processes for specified entities. A violation of the act’s provisions is punishable as a misdemeanor. This bill would revise the terms “late contribution” and “late independent expenditure,” as defined in the act, to “election-cycle contribution” and “election-cycle independent expenditure,” respectively, and would make conforming changes. The bill would also increase the fines and penalties imposed for campaign statements and reports that are filed late. This bill would declare the intent of the Legislature that the Secretary of State develop a single, statewide electronic filing system that consolidates the filing of all campaign committee statements and reports and all lobbyist, lobbying firm, and lobbyist employer reports. This bill would also require the Secretary of State to develop a feasibility study report for the electronic filing system by December 31, 2014, as specified. (2)The act requires each committee to have a designated treasurer who is identified in the statement of organization. A committee may not make an expenditure without the authorization of the treasurer. This bill would require a treasurer to complete an online training course, designed and administered by the Commission, that addresses the statutes and regulations governing the financing of campaigns and the duties and responsibilities of a treasurer within 20 business days after being designated as the treasurer. (3)By expanding the scope of an existing 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. (4)The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. Hide
An Act to Amend Section 6361 Of, and to Add Section 23701.3 To, the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. SB 323 (2013-2014) LaraSupportNo
The Sales and Use Tax Law exempts from the taxes imposed by that law the sales of food products, nonalcoholic beverages, and other tangible personal property made or produced by an organization, as… More
The Sales and Use Tax Law exempts from the taxes imposed by that law the sales of food products, nonalcoholic beverages, and other tangible personal property made or produced by an organization, as defined, but only if sold on an irregular or intermittent basis and the organization’s profits from the sales are used exclusively in furtherance of the purposes of the organization. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts the income of various types of organizations from taxes imposed by that law. This bill would revise the Sales and Use Tax Law exemption for those organizations, as provided. This bill would also provide, for taxable years beginning on or after January 1, 2014, that an organization that is a public charity youth organization that discriminates on the basis of gender identity, race, sexual orientation, nationality, religion, or religious affiliation is not exempt from the taxes imposed by that law. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Hide
An Act to Add Section 12025 to the Government Code, Relating to State Government. SB 335 (2013-2014) YeeSupportYes
Existing law requires the Financial Information System for California (FISCal) to include a state budget transparency component that allows the public to have access, on an Internet Web site, to… More
Existing law requires the Financial Information System for California (FISCal) to include a state budget transparency component that allows the public to have access, on an Internet Web site, to specified information for each General Fund and federal fund expenditure. This bill would require, upon full implementation of the FISCal Project for state departments and agencies that are utilizing the full functionality of the FISCal system, specified information regarding contracts for services in the amount of $5,001 or more to be made available to the public on the FISCal Project Internet Web site in a format that allows for searching and sorting by specified categories. Hide
An Act to Repeal and Add Section 391 of the Welfare and Institutions Code, Relating to Juveniles. SB 343 (2013-2014) YeeSupportNo
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various… More
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law prohibits the court from terminating dependency jurisdiction over a nonminor who has reached 18 years of age until a hearing is conducted and the county welfare department has submitted a report verifying that specified information, documents, and services have been provided to the child. This bill would revise and recast these provisions to, among other things, require the county welfare department to submit reports at the first regularly scheduled hearing after the child has attained 16 years of age and at the hearing immediately prior to the child attaining 18 years of age, verifying that the county has provided certain of the above-described information, documents, and services to the child. By increasing the reporting duties of county welfare departments, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 15820.903 and 15820.913 of the Government Code, and to Add Section 1978 to the Welfare and Institutions Code, Relating to Jails. SB 365 (2013-2014) WolkSupportYes
Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by… More
Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections (BSCC). Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $445,771,000 and $774,229,000, in 2 phases, to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above. This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes in the first phase from $445,771,000 to $365,771,000 and increase the authorization of the 2nd phase from $774,229,000 to $854,229,000. Existing law authorizes the Department of Corrections and Rehabilitation, a participating county, and the board to acquire, design, renovate, or construct a local youthful offender rehabilitative facility, approved by the BSCC, or a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. Existing law authorizes the issuance of up to $300,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, renovation, or construction, and a reasonable construction reserve, of approved local youthful offender rehabilitative facilities. This bill would, in the event that a county that has been conditionally awarded financing later determines that participating with other counties in a shared regional facility would provide an improved solution to the county’s needs and the needs of other counties, authorize the county to apply to the BSCC for redirection of the conditional award to another county that will be the lead county for the regional facility, in conjunction with the original county and, potentially, other counties. The bill would authorize the board to redirect the conditional award, prior to any approval and establishment of the project, if certain determinations are made by the BSCC. Hide
An Act to Add Section 53244 to the Government Code, Relating to Local Government, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 39 (2013-2014) De LeonSupportYes
(1)Existing law provides for the governance of local agencies and specifically prescribes the rights and duties of their officers and employees. Existing law authorizes local agencies to establish… More
(1)Existing law provides for the governance of local agencies and specifically prescribes the rights and duties of their officers and employees. Existing law authorizes local agencies to establish retirement systems for the provision of pension benefits to officers and employees of the agencies and commits the administration of those systems to retirement boards. Existing law establishes a process for making claims on local agencies and excepts from that process applications for money or benefits from a public pension or retirement system. Existing law, the California Public Employees’ Pension Reform Act of 2013, requires the forfeiture of specified retirement benefits by an elected public officer or a public employee, as defined, if that officer or employee is convicted of a felony for conduct arising out of, or in the performance of, his or her official duties. This bill would require the forfeiture of a contractual, common law, constitutional, or statutory claim against a local public agency employer to retirement or pension rights or benefits, as specified, by a local public officer who exercised discretionary authority and who was convicted of a felony for conduct arising out of, or in the performance of, his or her official duties. The bill would also make a statement of findings. (2)This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Section 27388.1 to the Government Code, and to Add Chapter 2.5 (Commencing with Section 50470) to Part 2 of Division 31 of the Health and Safety Code, Relating to Housing, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 391 (2013-2014) DeSaulnierSupportNo
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households,… More
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time homebuyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law. Existing law requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the California Homes and Jobs Act of 2013. The bill would make legislative findings and declarations relating to the need for establishing permanent, ongoing sources of funding dedicated to affordable housing development. The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded. By imposing new duties on counties with respect to the imposition of the recording fee, the bill would create a state-mandated local program. The bill would require that revenues from this fee be sent quarterly to the Department of Housing and Community Development for deposit in the California Homes and Jobs Trust Fund, which the bill would create within the State Treasury. The bill would provide that moneys in the fund may be expended for supporting affordable housing, administering housing programs, and the cost of periodic audits, as specified. The bill would impose certain auditing and reporting requirements. Existing law requires the Department of Industrial Relations to monitor and enforce compliance with applicable prevailing wage requirements for specified public works projects that are funded by state bond proceeds. Moneys collected for this purpose are continuously appropriated to the department from the State Public Works Enforcement Fund to cover the costs of these monitoring and enforcement duties. This bill would require the Department of Industrial Relations to monitor and enforce prevailing wage requirements for construction contracts for certain public works projects over $1,000,000, that are funded, in whole or in part, by the bill. The bill would authorize the department to charge each person or entity awarding a construction contract for the reasonable and directly related costs of the monitoring and enforcement activities, and would require the department to deposit the moneys collected into the State Public Works Enforcement Fund. The bill would exempt projects with a collective bargaining agreement with a mechanism for resolution of wage disputes from this requirement. By establishing a new source of revenue for a continuously appropriated fund, this bill would make an appropriation. 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. Hide
An Act to Amend Sections 12920, 12921, 12926, 12940, and 12955.2 of the Government Code, Relating to Fair Employment. SB 404 (2013-2014) JacksonSupportNo
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… More
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 include “familial status,” as defined, as an additional basis upon which the right to seek, obtain, and hold employment cannot be denied. Hide
An Act to Amend Sections 44500, 44661, 44662, and 44664 of the Education Code, Relating to Education Employment. SB 441 (2013-2014) CalderonOpposeNo
(1)Existing law requires the evaluation and assessment of the performance of each certificated employee to be made on a continuing basis, as prescribed, including at least every other year for… More
(1)Existing law requires the evaluation and assessment of the performance of each certificated employee to be made on a continuing basis, as prescribed, including at least every other year for personnel with permanent status and at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district and meet specified requirements. This bill would require the evaluation and assessment at least every 3 years of the performance of each certificated employee with permanent status who have been employed at least 10 years with the school district and meet specified requirements. (2)Existing law requires the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to specified matters. This bill would instead require the governing board of each school district to regularly evaluate and assess the performance of certificated employees assigned to positions as classroom teachers or school principals using multiple measures, including, but not limited to, specified minimum criteria. The bill would require at least 4 rating levels to be used in evaluating a certificated employee and for the governing board of the school district to define each rating level used. (3)Existing law requires the governing board of a school district, in the development and adoption of specified guidelines and procedures, to avail itself of the advice of the certificated instructional personnel in the district’s organization of certificated personnel. This bill would also require the governing board to avail itself of the advice of parents of pupils, as specified. (4)By imposing new duties or a higher level of service on a school district in the creation of guidelines and procedures and for the evaluation and assessment of certificated employees, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Section 2835.3 to the Business and Professions Code, Relating to Healing Arts. SB 491 (2013-2014) HernandezOpposeNo
Existing law, the Nursing Practice Act, provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing. Existing law authorizes the implementation of standardized… More
Existing law, the Nursing Practice Act, provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing. Existing law authorizes the implementation of standardized procedures that authorize a nurse practitioner to perform certain acts, including, among others, ordering durable medical equipment, and, in consultation with a physician and surgeon, approving, signing, modifying, or adding to a plan of treatment or plan for an individual receiving home health services or personal care services. A violation of those provisions is a crime. This bill would authorize a nurse practitioner to perform those acts and certain additional acts without physician supervision if the nurse practitioner meets specified experience and certification requirements and is practicing in a clinic, health facility, county medical facility, accountable care organization, or group practice. The bill would require a nurse practitioner to refer a patient to a physician and surgeon or other licensed health care provider under certain circumstances. The bill would also require a nurse practitioner practicing under these provisions to maintain professional liability insurance, as specified. The bill would also specify that a nurse practitioner practicing under the provisions of the bill shall not supplant a physician and surgeon employed by specified health care facilities. Because a violation of those provisions would be 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. Hide
An Act to Amend Sections 78910.10 and 78910.30 Of, and to Add Section 66409.3 To, the Education Code, Relating to Student Instruction. SB 520 (2013-2014) SteinbergOpposeNo
(1)The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the… More
(1)The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. This bill would establish the California Online Student Access Incentive Grant programs as 3 separate programs under the administration of the President of the University of California, the Chancellor of the California State University, and the Chancellor of the California Community Colleges, for each segment respectively, in consultation with their respective statewide academic senates. The bill would require the President of the University of California, the Chancellor of the California State University, and the Chancellor of the California Community Colleges, in consultation with their respective statewide academic senates, to each develop a list of 20 high-demand lower division courses at his or her segment that are deemed necessary for program completion, deemed satisfactory for meeting general education requirements, or in areas defined as transferable lower division courses under the Intersegmental General Education Transfer Curriculum. For these courses, the bill would require the president and chancellors, in consultation with their respective academic senates, to each provide up to 15 incentive grants to faculty and campuses to facilitate intersegmental and intrasegmental partnerships and partnerships between online course technology providers and faculty to significantly increase online options for students and high school pupils for the fall term of the 2014–15 academic year. The bill would require the online courses supported by incentive grant funds to be placed in the California Virtual Campus. The bill would require that matriculated students of campuses of the University of California, the California State University, or the California Community Colleges, and California high school pupils, who complete online courses supported by incentive grant funds and achieve a passing score on corresponding course examinations, be awarded full academic credit for the course at the University of California, the California State University, or the California Community Colleges, as applicable. The bill would provide that funding for the implementation of this provision would be provided in the annual Budget Act, and express the intent of the Legislature that the receipt of funding by the University of California for the implementation of this provision be contingent on its compliance with its requirements. The bill would prohibit public funds from being used to fund any private aspect of a partnership developed under the bill between faculty of the University of California, the California State University, or the California Community Colleges and an online course technology provider. This bill would provide that intellectual property developed by a segment in the implementation of the bill would be owned and managed by that segment according to its existing policies. Because this provision would require community colleges to award academic credit under these circumstances, it would constitute a state-mandated local program. (2)Existing law, until January 1, 2014, establishes the California Virtual Campus to facilitate ongoing collaboration and joint efforts relating to the use of technology resources and high-speed Internet connectivity to support teaching, learning, workforce development, and research. Existing law, until January 1, 2014, authorizes the California Virtual Campus grant recipient to convene at least 4 leadership stakeholder group meetings annually comprised of representatives from the State Department of Education, the California Technology Assistance Project, and other related programs administered through the department, including adult education, local educational agencies, the California Community Colleges, the California State University, the University of California, independent colleges and universities, the California State Library, and representatives from community-based organizations to ensure the efforts affecting segments represented are appropriately meeting the needs of those segments. This bill would extend the provisions establishing the California Virtual Campus until January 1, 2017. This bill would require the representatives in the stakeholder group meetings from the California Community Colleges, the California State University, and the University of California to include, but not be limited to, faculty members from these institutions. This bill would make additional nonsubstantive changes in these provisions. By requiring faculty members from community college districts to attend these meetings, this bill would impose a state-mandated local program. (3)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Title 18 (Commencing with Section 3273) to Part 4 of Division 3 of the Civil Code, Relating to Agency. SB 556 (2013-2014) CorbettSupportNo
Existing law specifies the authority of agents in dealing with 3rd persons. Existing law states when an agency is ostensible for purposes of determining the authority of an agent. Existing law… More
Existing law specifies the authority of agents in dealing with 3rd persons. Existing law states when an agency is ostensible for purposes of determining the authority of an agent. Existing law prohibits unfair methods of competition and unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or which results in the sale or lease of goods to any consumer. This bill would prohibit a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform labor or services relating to public health or safety for a public entity from displaying on a vehicle or uniform a logo, as defined, that reasonably could be interpreted as implying that the labor or services are being provided by employees of the public agency, unless the vehicle or uniform conspicuously displays a disclosure, as specified. Hide
An Act to Add Sections 54964.5 and 54964.6 to the Government Code, Relating to Campaign Activity. SB 594 (2013-2014) HillSupportYes
(1)Existing law prohibits the use of public funds for campaign activities. This bill would prohibit a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using,… More
(1)Existing law prohibits the use of public funds for campaign activities. This bill would prohibit a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use public resources received from a local agency for campaign activity, as defined, and not authorized by law. This bill would define, among other terms, “public resources” to mean any property or asset owned by a local agency and funds received by a nonprofit organization which have been generated from any activities related to conduit bond financing by those entities subject to specified conduit financing and transparency and accountability provisions, and “nonprofit organization” to mean an entity incorporated under the Nonprofit Corporation Law or a nonprofit organization that qualifies for exempt status under the federal Internal Revenue Code of 1986, except as specified. This bill would authorize a civil cause of action for a violation of these prohibitions and damages that include, but are not limited to, 3 times the value of the unlawful use of the public resources. This bill would authorize the Attorney General, a district attorney, and a city attorney of a city having a population in excess of 750,000 to seek these civil remedies. (2)Existing law requires qualifying individuals and political organizations to report specified information, including, but not limited to, political contributions, in statements filed with the Fair Political Practices Commission. This bill would require a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all “specific source or sources of funds” it receives and to pay for all campaign activity from that separate bank account. This bill would define, among other terms, “reporting nonprofit organization” to mean a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the organization’s annual gross revenue, as specified, and “specific source or sources of funds” to mean any funds received by the reporting nonprofit organization that have been designated for campaign activity use or any other funds received by the nonprofit organization, as specified. This bill would further require a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account, as specified. This bill would authorize the Franchise Tax Board to conduct an audit of any reporting nonprofit organization, require the board to conduct an audit of any reporting nonprofit organization that engages in campaign activity in excess of $500,000 in a calendar year, issue a written audit report, and transmit the report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. This bill would authorize the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to assess a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for each violation of these disclosure requirements, as specified. Hide
An Act to Amend Section 230 Of, to Amend, Repeal, and Add Sections 225, 226, and 229 Of, and to Add Section 208.3 To, the Welfare and Institutions Code, Relating to Juveniles. SB 61 (2013-2014) YeeSupportNo
(1)Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any… More
(1)Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for evaluation of persons, including minors, who are dangerous to self or others, or gravely disabled, as defined. This bill would prohibit a minor or ward who is detained in, or sentenced to, any juvenile facility or other secure state or local facility from being subject to solitary confinement, as defined, unless the minor or ward poses an immediate and substantial risk of harm to others or to the security of the facility, and all other less-restrictive options have been exhausted. The bill would permit the minor or ward to be held in solitary confinement only in accordance with specified guidelines, including that the minor or ward be held in solitary confinement only for the minimum time required to address the safety risk, and that does not compromise the mental and physical health of the minor or ward. The bill would prohibit a minor or ward from being placed in solitary confinement for more than 24 hours in a one-week period without obtaining specified written approval. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. The bill would exempt from these provisions any juvenile who commits an assault or battery while detained in, or sentenced to, any juvenile facility, or who is determined by correctional facility staff to be a high-risk offender. These provisions would become operative on January 1, 2015. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. (2)Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are 14 to 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections. Existing law authorizes a commission to recommend to any person charged with the administration of the Juvenile Court Law those changes as it has concluded, after investigation, will be beneficial, and to publicize its recommendations. This bill would provide that 2 or more members of these commissions shall be parents or guardians of previously or currently incarcerated youth, and one member shall be a licensed social worker, licensed psychiatrist, or licensed psychologist with expertise in adolescent development, if there are available persons who meet those requirements, as specified. The bill also would increase from 8 to 10 the minimum number of members of a regional juvenile justice commission. The bill would authorize a juvenile justice commission, as part of its annual inspection, to review the records of the jail or lockup as to the use of solitary confinement, and to additionally report the results of the inspection, together with its recommendations based thereon, in writing, to the county board of supervisors. The bill would authorize the commission to present its report at an annual hearing on the condition of juvenile justice corrections as part of a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government’s Internet Web site. The bill would authorize the commission to annually inspect any facility within the county other than a jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to review the records of the facility as to the use of solitary confinement. The bill would authorize the commission to report the results of the inspection to the juvenile court, the county board of supervisors, and the Board of State and Community Corrections, to present its report at an annual hearing on the condition of juvenile justice corrections as part of a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government’s Internet Web site. These provisions would become operative on January 1, 2015. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government’s Internet Web site. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Section 33319.4 to the Education Code, and to Amend Section 19995 of the Government Code, Relating to State Employees. SB 619 (2013-2014) YeeSupportNo
Existing law requires the Department of Human Resources (CalHR) to devise plans for and cooperate with appointing powers and other supervising officials in the conduct of employee training programs… More
Existing law requires the Department of Human Resources (CalHR) to devise plans for and cooperate with appointing powers and other supervising officials in the conduct of employee training programs so that the quality of service rendered by persons in the state civil service may be continually improved. This bill would require the State Department of Education, on or before January 1, 2015, to develop and make available online a state employee civics orientation on federal and state government, subject to a determination by the Department of Finance that sufficient private funding has been secured to support those activities. The bill would require, if the orientation is developed as prescribed, an employee, upon hiring, promotion, or reclassification after July 1, 2015, to complete that training and submit a certification statement to the appointing power or other supervising official. The bill would require the appointing power or other supervising official to maintain the certification statement for a period of 3 years and make it available to CalHR upon demand. Hide
An Act to Add and Repeal Part 14.5 (Commencing with Section 32600) of Division 2 of the Revenue and Taxation Code, Relating to Taxation. SB 622 (2013-2014) MonningSupportNo
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for… More
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, on and after July 1, 2014, and until July 1, 2024, impose a tax on every distributor, as defined, for the privilege of distributing in this state bottled sweetened beverages, at a rate of $0.01 per fluid ounce and for the privilege of distributing concentrates in this state, either as concentrate or as sweetened beverages derived from that concentrate, at the rate of $0.01 per fluid ounce of sweetened beverage to be produced from concentrate. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would exempt from the tax, among other things, the distribution in this state of bottled sweetened beverages or concentrate made by a distributor to another distributor registered with the board and supported by an exemption certificate that consists of a statement signed under penalty of perjury. By expanding the definition of the existing crime of perjury and by expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill imposes a state-mandated local program. The bill would require the board to deposit all taxes, penalties, and interest collected, less refunds and administrative costs, in the Children’s Health Promotion Fund, which this bill would create. This bill would require all moneys in the fund, upon appropriation by the Legislature, to be allocated to the State Department of Public Health and Superintendent of Public Instruction, as specified, for the purposes of statewide childhood obesity prevention activities and programs and to provide funds to either the University of California or the California State University to conduct a specified report. This bill would also authorize the State Public Health Officer and the Superintendent of Public Instruction to make rules and regulations, and provide procedural measures, to bring into effect those purposes. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, childhood obesity, and dental disease. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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. Hide
An Act to Amend Sections 75, 4600, 4604.5, 4610, 4610.6, 4616, and 4660.1 of the Labor Code, Relating to Workers’ Compensation. SB 626 (2013-2014) BeallOpposeNo
Existing law establishes a worker’s compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in… More
Existing law establishes a worker’s compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law creates the Commission on Health and Safety and Workers’ Compensation consisting of 8 voting members, that includes 4 voting members representing organized labor and 4 voting members representing employers. This bill would increase the number of commission voting members to 10 by adding one voting member representing injured workers and one additional voting member representing employers, appointed by the Governor.Existing law generally provides for the reimbursement of medical providers for services rendered in connection with the treatment of a worker’s injury. Existing law authorizes, with some exceptions, the employee to be treated by a physician of his or her own choice or at a facility of his or her own choice after 30 days from the date the injury is reported. Existing law prohibits a chiropractor from being the treating physician after the employee has received the maximum number of chiropractic visits. This bill would delete that prohibition.Existing law requires that the recommended guidelines set forth in the medical treatment utilization schedule adopted by the administrative director be presumptively correct on the issue of extent and scope of medical treatment. Notwithstanding the medical treatment utilization schedule, for injuries occurring on and after January 1, 2004, an employee is entitled to no more than 24 chiropractic, 24 occupational therapy, and 24 physical therapy visits per industrial injury.This bill would delete the limitation on chiropractic, occupational therapy, and physical therapy visits per industrial injury.Existing law requires an employer to establish a medical treatment utilization review process and, in this regard, prohibits any person other than a licensed physician from modifying, delaying, or denying requests for authorization of medical treatment for reasons of medical necessity to cure and relieve. Existing law also provides for an independent medical review process to resolve disputes over a utilization review decision for injuries occurring on or after January 1, 2013, and for any decision that is communicated to the requesting physician on or after July 1, 2013, regardless of the date of injury. This bill would revise these provisions to require that medical treatment utilization reviews and independent medical reviews be conducted by physicians or medical professionals, as applicable, who hold the same California license as the requesting physician. The bill would delete the requirement that an independent medical review organization keep the names of the reviewers confidential in all communications with entities or individuals outside the independent medical review organization. Existing law prohibits a workers’ compensation administrative law judge, the appeals board, or any higher court from making a determination of medical necessity contrary to the determination of the independent medical review organization. This bill would delete that provision. Existing law provides certain methods for determining workers’ compensation benefits payable to a worker or his or her dependents for purposes of permanent partial disability and permanent total disability for injuries occurring on or after January 1, 2013. Existing law requires that the nature of the physical injury or disfigurement, the occupation of the injured employee, and his or her age at the time of injury be taken into account in determining the percentages of permanent partial disability or permanent total disability. Existing law, with some exceptions, prohibits increases in impairment ratings for sleep dysfunction, sexual dysfunction, or psychiatric disorder, or any combination thereof, as specified. This bill would delete the prohibition on increases in impairment ratings for psychiatric disorder and would make related changes. Hide
An Act to Add Chapter 4 (Commencing with Section 3300) to Division 3 of the Elections Code, Relating to Voting, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 637 (2013-2014) YeeSupportNo
Existing law establishes procedures for voters to apply for a vote by mail ballot and use the ballot to vote in an election. Existing law allows a jurisdiction in which vote by mail ballots are cast… More
Existing law establishes procedures for voters to apply for a vote by mail ballot and use the ballot to vote in an election. Existing law allows a jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballots 29 days before the election. This bill would require the Secretary of State to provide guidance to local elections officials in performing specified tasks for the purpose of promoting and expanding the practice of early voting, as defined, consistent with specified statutory authority. The bill would define “early voting” to mean voting a vote by mail ballot in person at the office of the elections official or another location designated by the elections official either before or on the day of the election. The bill would require an elections official, on at least one Saturday on or after the date the elections official first delivers ballots to vote by mail voters for a statewide election, or for any other election as determined by the elections official based on voter demand, to allow voters to vote in the election by means of early voting at the early voting location designated for this purpose, provided that the location is accessible and complies with disability access requirements under federal and state law. The bill would permit the elections official to determine the hours of operation for the designated early voting location or locations for each Saturday on which early voting is offered, provided that each location shall be open to voters for a minimum of 4 hours on each designated Saturday. These provisions regarding Saturday voting would not apply to elections conducted wholly by mail or to precincts in which each voter is furnished with a vote by mail ballot, as specified. By requiring local elections officials to perform additional duties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 11350 of the Health and Safety Code, Relating to Controlled Substances. SB 649 (2013-2014) LenoSupportNo
Existing law provides that the unlawful possession of certain controlled substances, including, among others, opiates, opium, opium derivatives, mescaline, peyote, tetrahydrocannabinols, and cocaine… More
Existing law provides that the unlawful possession of certain controlled substances, including, among others, opiates, opium, opium derivatives, mescaline, peyote, tetrahydrocannabinols, and cocaine base, is a felony punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would make the unlawful possession of any of those substances punishable as either a felony punishable in county jail or as a misdemeanor punishable in a county jail for not more than one year. Hide
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. SB 666 (2013-2014) SteinbergSupportYes
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… More
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. Hide
An Act to Amend Sections 18897 and 18898 of the Revenue and Taxation Code, Relating to Taxation. SB 761 (2013-2014) DeSaulnierSupportNo
The Personal Income Tax Law authorizes an individual to contribute amounts in excess of his or her tax liability for the support of specified funds, including the School Supplies for Homeless… More
The Personal Income Tax Law authorizes an individual to contribute amounts in excess of his or her tax liability for the support of specified funds, including the School Supplies for Homeless Children Fund. Existing law requires the moneys deposited in the School Supplies for Homeless Children Fund to be allocated, upon appropriation by the Legislature, to the State Department of Education for the sole purpose of assisting pupils in California pursuant to the federal McKinney-Vento Homeless Assistance Act by providing school supplies and health-related products to homeless children through competitive grant programs, as provided. This bill would instead require the same moneys, upon appropriation by the Legislature, to be allocated to the State Department of Social Services for distribution to a nonprofit organization, exempt from taxation, for the sole purpose of assisting pupils in California pursuant to the federal McKinney-Vento Homeless Assistance Act by providing grants of school supplies and health-related products to partnering local education agencies, as provided. Hide
An Act to Add and Repeal Section 89500.5 of the Education Code, Relating to Public Postsecondary Education. SB 8 (2013-2014) YeeSupportNo
Existing law establishes the University of California, which is administered by the Regents of the University of California, and the California State University, which is administered by the Trustees… More
Existing law establishes the University of California, which is administered by the Regents of the University of California, and the California State University, which is administered by the Trustees of the California State University, as 2 of the 3 segments of public postsecondary education in this state. Existing law authorizes the regents and the trustees to employ officers and other employees. This bill would prohibit the trustees from, and request the regents to refrain from, increasing the monetary compensation, as defined, of, or approving a monetary bonus for, any executive officer, as defined, of the university within 2 years of a fiscal year in which the mandatory systemwide fees of the university are increased from the immediately preceding fiscal year, or in which the General Fund appropriation to the university in the annual Budget Act is less than, or equal to, the General Fund appropriation to the university in the annual Budget Act for the immediately preceding fiscal year. The bill would prohibit the trustees from, and request the regents to refrain from, providing monetary compensation to an incoming executive officer that exceeds 105% of the monetary compensation of the immediately preceding executive officer of the same classification who the incoming executive officer is replacing. The bill would repeal these provisions on January 1, 2024. Hide
An Act to Amend Section 12739.61 Of, and to Add Part 6.8 (Commencing with Section 12739.77) to Division 2 Of, the Insurance Code, and to Add Section 14005.277 to the Welfare and Institutions Code, Relating to Health. SB 800 (2013-2014) LaraSupportYes
Existing law creates various programs to provide health care services to persons who meet various eligibility requirements. These programs include the Healthy Families Program, the Access for Infants… More
Existing law creates various programs to provide health care services to persons who meet various eligibility requirements. These programs include the Healthy Families Program, the Access for Infants and Mothers Program, the County Health Initiative Matching Fund, the Major Risk Medical Insurance Program, and the Federal Temporary High Risk Pool, all 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 the transition of specified enrollees of the Healthy Families Program to the Medi-Cal program, to the extent that those individuals are otherwise eligible. Existing law also provides that employees of the board whose functions are transferred to the Medi-Cal program as a result of that transition retain their positions, status, and rights. Existing law requires the board, beginning July 1, 2013, to cease the provision of health coverage through the Federal Temporary High Risk Pool, except as specified. Existing law establishes the California Health Benefit Exchange (Exchange), and requires the Exchange to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law also requires the Exchange to undertake activities necessary to market and publicize the availability of health care coverage and federal subsidies through the Exchange and to undertake outreach and enrollment activities. This bill would require the State Department of Health Care Services to provide the Exchange with specified contact information for individuals who are not enrolled in Medi-Cal but who are the parents or caretakers of children enrolled in the Healthy Families Program or the Medi-Cal program, as specified, in order to assist the Exchange in conducting outreach to individuals potentially eligible for an insurance affordability program, as defined. This bill would transfer to the Exchange civil service employees of the board who were assigned to the Federal Temporary High Risk Pool and would require that each transferred employee retain his or her status, position, and rights. The bill would also require that, if the board is dissolved or terminated, all employees assigned to the other programs administered by the board be transferred to the State Department of Health Care Services and that each transferred employee retain his or her status, position, and rights. The bill would provide that any employee’s reinstatement rights that would have applied to the board shall instead apply to the department. The bill would require the department, if employees of the board are transferred to the department, to prepare a report, as specified, and to submit that report to the fiscal and relevant policy committees of the Legislature by February 1 of the year following the year in which the employees are transferred, and to update that report, as specified. Hide
An Act to Amend Section 1182.12 of the Labor Code, Relating to Wages. SB 935 (2013-2014) LenoSupportNo
Existing law requires that, on and after July 1, 2014, the minimum wage for all industries be not less than $9 per hour. Existing law further increases the minimum wage, on and after January 1, 2016,… More
Existing law requires that, on and after July 1, 2014, the minimum wage for all industries be not less than $9 per hour. Existing law further increases the minimum wage, on and after January 1, 2016, to not less than $10 per hour. This bill would increase the minimum wage, on and after January 1, 2015, to not less than $11 per hour, on and after January 1, 2016, to not less than $12 per hour, and on and after January 1, 2017, to not less than $13 per hour. The bill would require the automatic adjustment of the minimum wage annually thereafter, to maintain employee purchasing power diminished by the rate of inflation during the previous year. The adjustment would be calculated using the California Consumer Price Index, as specified. The bill would prohibit the Industrial Welfare Commission (IWC) from reducing the minimum wage and from adjusting the minimum wage if the average percentage of inflation for the previous year was negative. The bill would require the IWC to publicize the automatically adjusted minimum wage. The bill would provide that its provisions not be construed to preclude the IWC from increasing the minimum wage to an amount greater than the calculation would provide or to preclude or supersede an increase of the minimum wage that is greater than the state minimum wage by any local government or tribal government. The bill would apply to all industries, including public and private employment. Hide
An Act to Add Section 22761 to the Business and Professions Code, Relating to Mobile Communications Devices. SB 962 (2013-2014) LenoSupportNo
Existing law regulates various business activities and practices, including the sale of telephones. This bill would require that any smartphone, as defined, that is manufactured on or after July 1,… More
Existing law regulates various business activities and practices, including the sale of telephones. This bill would require that any smartphone, as defined, that is manufactured on or after July 1, 2015, and sold in California after that date, include a technological solution at the time of sale, which may consist of software, hardware, or both software and hardware, that, once initiated and successfully communicated to the smartphone, can render inoperable the essential features, as defined, of the smartphone to an unauthorized user when the smartphone is not in the possession of an authorized user. The bill would require that the technological solution, when enabled, be able to withstand a hard reset, as defined, and prevent reactivation of the smartphone on a wireless network except by an authorized user. The bill would make these requirements inapplicable when the smartphone is resold in California on the secondhand market or is consigned and held as collateral on a loan. The bill would authorize an authorized user to affirmatively elect to disable or opt-out of the technological solution at any time. The bill would make the knowing retail sale in violation of the bill’s requirements subject to a civil penalty of not less than $500, nor more than $2,500, for each violation. The bill would limit an enforcement action to collect the civil penalty to being brought by the Attorney General, a district attorney, or city attorney, and would prohibit any private right of action to collect the civil penalty. Hide
An Act to Amend Section 100500 of the Government Code, Relating to the California Health Benefit Exchange. SB 972 (2013-2014) TorresOpposeYes
Existing law created the California Health Benefit Exchange (Exchange) as an independent public entity in the state government, not affiliated with an agency or department. The Exchange is governed… More
Existing law created the California Health Benefit Exchange (Exchange) as an independent public entity in the state government, not affiliated with an agency or department. The Exchange is governed by an executive board consisting of 5 members who are residents of California. Of the members of the board, 2 are appointed by the Governor, one is appointed by the Senate Committee on Rules, and one is appointed by the Speaker of the Assembly. The Secretary of California Health and Human Services or his or her designee serves as a voting, ex officio member of the board. Each person appointed to the board is required to have demonstrated and acknowledged expertise in at least 2 listed areas, including, but not limited to, individual health care coverage, health care finance, and purchasing health plan coverage. This bill would add marketing of health insurance products, information technology system management, management information systems, and enrollment counseling assistance, with priority to cultural and linguistic competency, to the list of areas of expertise. Hide
An Act to Amend Sections 1357.51, 1357.500, 1357.503, 1357.504, 1357.509, 1357.512, 1363, 1389.5, and 1399.829 Of, to Amend the Heading of Article 11.7 (Commencing with Section 1399.825) of Chapter 2.2 of Division 2 Of, to Amend and Add Sections 1389.4 and 1389.7 Of, to Add Sections 1348.96 and 1399.836 To, to Add Article 11.8 (Commencing with Section 1399.845) to Chapter 2.2 of Division 2 Of, and to Repeal Section 1399.816 Of, the Health and Safety Code, Relating to Health Care Coverage. SBX1 2 (2013-2014) HernandezSupportYes
(1)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… More
(1)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 requires each health insurance issuer that offers health insurance coverage in the individual or group market in a state to accept every employer and individual in the state that applies for that coverage and to renew that coverage at the option of the plan sponsor or the individual. PPACA prohibits a group health plan and a health insurance issuer offering group or individual health insurance coverage from imposing any preexisting condition exclusion with respect to that plan or coverage. PPACA allows the premium rate charged by a health insurance issuer offering small group or individual coverage to vary only by rating area, age, tobacco use, and whether the coverage is for an individual or family and prohibits discrimination against individuals based on health status, as specified. PPACA requires an issuer to consider all enrollees in its individual market plans to be part of a single risk pool and to consider all enrollees in its small group market plans to be part of a single risk pool, as specified. PPACA also requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers, as specified. 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 requires plans offering coverage in the individual market to offer coverage for a child subject to specified requirements. Existing law establishes the California Health Benefit Exchange (Exchange) to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and qualified small employers by January 1, 2014. This bill would require a health care service plan, on and after October 1, 2013, to offer, market, and sell all of the plan’s health benefit plans that are sold in the individual market for policy years on or after January 1, 2014, to all individuals and dependents in each service area in which the plan provides or arranges for the provision of health care services, as specified, but would require plans to limit enrollment in individual health benefit plans to specified open enrollment and special enrollment periods. The bill would prohibit these health care service plans from imposing any preexisting condition exclusion upon any individual and from conditioning the issuance or offering of individual health benefit plans on any health status-related factor, as specified. The bill would require a health care service plan to consider the claims experience of all enrollees of its nongrandfathered individual health benefit plans offered in the state to be part of a single risk pool, as specified, would require the plan to establish a specified index rate for that market, and would authorize the plan to vary premiums from the index rate based only on specified factors. The bill would authorize plans to use only age, geographic region, and family size for purposes of establishing rates for individual health benefit plans, as specified. The bill would require plans to provide specified information regarding the Exchange to applicants for and subscribers of individual health benefit plans offered outside the Exchange. The bill would prohibit a plan from advertising or marketing an individual grandfathered health plan for the purpose of enrolling a dependent of the subscriber in the plan and would also require plans to annually issue a specified notice to subscribers enrolled in a grandfathered plan. The bill would authorize the director to require a plan to discontinue offering individual plan contracts if the director determines the plan does not have sufficient financial viability or organizational capacity, as specified. The bill would make certain of these provisions inoperative if, and 12 months after, specified provisions of PPACA are repealed or amended, as specified. Existing law requires health care service plans to guarantee issue their small employer health benefit plans, as specified. With respect to nongrandfathered small employer health benefit plans for plan years on or after January 1, 2014, among other things, existing law provides certain exceptions from the guarantee issue requirement, allows the premium for small employer health benefit plans to vary only by age, geographic region, and family size, as specified, and requires plans to provide special enrollment periods and coverage effective dates consistent with the individual nongrandfathered market in the state. Existing law provides that these provisions shall be inoperative if specified provisions of PPACA are repealed. This bill would modify the small employer special enrollment periods and coverage effective dates for purposes of consistency with the individual market reforms described above. The bill would also modify the exceptions from the guarantee issue requirement and the manner in which a plan determines premium rates for a small employer health benefit plan, as specified. The bill would also require a plan to consider the claims experience of all enrollees of its nongrandfathered small employer health benefit plans offered in this state to be part of a single risk pool, as specified, would require the plan to establish a specified index rate for that market, and would authorize the plan to vary premiums from the index rate based only on specified factors. The bill would make certain of these provisions inoperative, as specified, if, and 12 months after, specified provisions of PPACA are repealed. 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. (2)PPACA requires a state or the United States Secretary of Health and Human Services to implement a risk adjustment program for the 2014 benefit year and every benefit year thereafter, under which a charge is assessed on low actuarial risk plans and a payment is made to high actuarial risk plans, as specified. If a state that elects to operate an American Health Benefit Exchange elects not to administer this risk adjustment program, the secretary will operate the program and issuers will be required to submit data for purposes of the program to the secretary. This bill would require that any data submitted by health care service plans to the secretary for purposes of the risk adjustment program also be submitted to the Department of Managed Health Care in the same format. The bill would require the department to use that data for specified purposes. (3)PPACA requires health insurance issuers to provide a summary of benefits and coverage explanation pursuant to specified standards to applicants and enrollees or policyholders. Existing law requires health care service plans to use disclosure forms that contain specified information regarding the contracts issued by the plan, including the benefits and coverage of the contract, and the exceptions, reductions, and limitations that apply to the contract. Existing law requires health care service plans that offer individual or small group coverage to also provide a uniform health plan benefits and coverage matrix containing the plan’s major provisions, as specified. This bill would require that certain health care service plan contracts satisfy these requirements by providing a uniform summary of benefits and coverage required by federal law. (4)This bill would become operative only if AB 2 of the 2013–14 First Extraordinary Session is enacted and becomes effective. (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. Hide
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 9 of Article IX Thereof, Relating to the University of California. SCA 15 (2013-2014) YeeSupportNo
The California Constitution establishes the University of California as a public trust with full powers of organization and government, as provided, and administered by the Regents of the University… More
The California Constitution establishes the University of California as a public trust with full powers of organization and government, as provided, and administered by the Regents of the University of California, subject only to the legislative control necessary to ensure the security of its funds and compliance with the terms of the endowments of the university. The California Public Employees’ Pension Reform Act of 2013 (PEPRA), on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan, setting the maximum benefit allowable for employees hired on or after January 1, 2013. This measure would, for an officer or employee of the University of California first hired on or after the effective date of this measure, make any retirement plan of the University of California subject to the provisions of PEPRA and any subsequent statutory enactment amending that act or enacting or amending a successor act. Hide
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 3 of Article I and Section 6 of Article XIII B Thereof, Relating to Public Information. SCA 3 (2013-2014) LenoSupportYes
The California Constitution provides that the people have the right of access to information concerning the conduct of the people’s business. The California Constitution requires that the meetings… More
The California Constitution provides that the people have the right of access to information concerning the conduct of the people’s business. The California Constitution requires that the meetings of public bodies and the writings of public officials and agencies be open to public scrutiny. The California Constitution requires that whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall provide a subvention of funds to reimburse the local government for the costs of the program or increased level of service. The California Constitution exempts certain mandates from the requirement to provide a subvention of funds including local agency compliance with the Ralph M. Brown Act (Brown Act). The California Public Records Act (CPRA) provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, except as provided. The Brown Act requires each legislative body of a local agency to provide notice of the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public. Under the act, all persons are permitted to attend any meeting of the legislative body of a local agency, unless a closed session is authorized. This measure would require each local agency to comply with the CPRA and the Brown Act, and with any subsequent statutory enactment amending either act, enacting a successor act, or amending any successor act which contains findings demonstrating that the statutory enactment furthers the purposes of the people’s right of access to information concerning the conduct of the people’s business. The measure would specifically exempt mandates contained within the scope of those acts, and certain subsequent statutory enactments that contain findings demonstrating that the statutory enactment furthers those same purposes, from the requirement to provide a subvention of funds. Hide
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 31 of Article I Thereof, Relating to Public Education. SCA 5 (2013-2014) HernandezSupportNo
The California Constitution prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national… More
The California Constitution prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. This measure would eliminate this prohibition on state discrimination or preference in the operation of public education. Hide
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 4 of Article XIIIA Thereof, and by Amending Section 2 of Article XIIIC Thereof, Relating to Taxation. SCA 9 (2013-2014) CorbettSupportNo
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on… More
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, except that certain school entities may levy an ad valorem property tax for specified purposes with the approval of 55% of the voters within the jurisdiction of these entities. This measure would provide that the imposition, extension, or increase of a special tax by a local government for the purpose of providing funding for community and economic development projects, as specified, requires the approval of 55% of its voters voting on the proposition, if the proposition proposing the tax contains specified requirements. The measure would also make conforming and technical, nonsubstantive changes. Hide
Relative to Roe V. Wade SR 10 (2013-2014) JacksonSupportNo
Relative to Violence Against Women SR 8 (2013-2014) YeeSupportNo
AB 10 (2011-2012) AlejoSupportNo
AB 101 (2011-2012) PerezSupportNo
An Act to Amend Section 10601.2 of the Welfare and Institutions Code, Relating to Social Services. AB 1015 (2011-2012) CalderonSupportNo
Under existing law, the State Department of Social Services oversees the administration of county public social services, including child welfare services. Existing law requires the department to… More
Under existing law, the State Department of Social Services oversees the administration of county public social services, including child welfare services. Existing law requires the department to establish the California Child and Family Service Review System, in order to review all county child welfare systems. Existing law requires the department to report to the Assembly and Senate Budget Committees and appropriate legislative policy committees regarding the department’s progress relating to federal and state child and family service reviews. This bill would, in relation to these reviews, require each county to consult with specified stakeholders in developing the county self-assessments and county improvement plans, or any subsequent county self-assessments, as specified. This bill would also require the county improvement plans to include a separately titled provision that lists and provides the rationale for proposed operational improvements that may be implemented at a cost savings to the county or within existing resources. By increasing duties of county officials, this bill would impose a state-mandated local program. This bill would also make technical, nonsubstantive changes to these provisions. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
AB 1018 (2011-2012) DonnellyOpposeNo
AB 1130 (2011-2012) SkinnerSupportNo
An Act to Add Section 6403.5 to the Labor Code, Relating to Employment Safety. AB 1136 (2011-2012) SwansonSupportYes
Existing law regulates the operation of health facilities. Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers… More
Existing law regulates the operation of health facilities. Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a crime. This bill would make findings and declarations concerning the lifting, repositioning, and transfer of patients in acute care hospitals and resulting injuries to hospital personnel. This bill would amend the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling policy, as defined, for patient care units, and to provide trained lift teams, as defined, or staff trained in safe lifting techniques in each general acute care hospital, except for specified hospitals. The safe patient handling policy would require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, as specified. As part of the injury and illness prevention programs required by existing regulations, employers would be required to adopt a patient protection and health care worker back and musculoskeletal injury prevention plan, which shall include a safe patient handling policy component, as specified, to protect patients and health care workers, as defined, in health care facilities. By changing the definition of 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. Hide
An Act to Amend Section 626.8 of the Penal Code, Relating to School Safety. AB 123 (2011-2012) MendozaSupportYes
Existing law provides that a person who comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, whose presence or acts interfere with or disrupt a… More
Existing law provides that a person who comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, whose presence or acts interfere with or disrupt a school activity, without lawful business, or who remains after having been asked to leave, as specified, is guilty of a misdemeanor. “School” is defined to mean any preschool or public or private school having kindergarten or any of grades 1 to 12, inclusive. This bill would expand this provision to also apply to any person who comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, and willfully or knowingly creates a disruption with the intent to threaten the immediate physical safety of any pupil in preschool, kindergarten, or any of grades 1 to 8, inclusive, arriving at, attending, or leaving from school. Because this bill would expand the definition of an existing crime, it would create 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. Hide
An Act to Add Article 2.5 (Commencing with Section 2811) to Chapter 2 of Division 3 of the Labor Code, Relating to Employment. AB 1236 (2011-2012) FongSupportYes
The E-Verify Program of the United States Department of Homeland Security, in partnership with the United States Social Security Administration, enables participating employers to use the program, on… More
The E-Verify Program of the United States Department of Homeland Security, in partnership with the United States Social Security Administration, enables participating employers to use the program, on a voluntary basis, to verify that the employees they hire are authorized to work in the United States. The bill would prohibit the state, or a city, county, city and county, or special district, from requiring an employer other than one of those government entities to use an electronic employment verification system except when required by federal law or as a condition of receiving federal funds. Hide
AB 1239 (2011-2012) FurutaniSupportNo
AB 1296 (2011-2012) BonillaSupportYes
AB 130 (2011-2012) CedilloSupportYes
AB 131 (2011-2012) CedilloSupportYes
AB 1345 (2011-2012) LaraSupportYes
AB 1436 (2011-2012) FeuerSupportYes
AB 1438 (2011-2012) BradfordSupportNo
An Act to Add Section 41857 to the Education Code, Relating to Home-To-School Transportation. AB 1448 (2011-2012) FurutaniSupportNo
Existing law authorizes school district governing boards to provide for the transportation of pupils to and from school whenever, in the judgment of the governing board, the transportation is… More
Existing law authorizes school district governing boards to provide for the transportation of pupils to and from school whenever, in the judgment of the governing board, the transportation is advisable and reasons exist therefor. Existing law also authorizes school district governing boards to purchase or rent and provide for the upkeep, care, and operation of vehicles, or contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or contract with and pay responsible private parties for the transportation. This bill would, commencing with the 2012–13 fiscal year and each fiscal year thereafter, prohibit the Legislature from reducing funding for home-to-school transportation below the amount established in the Budget Act of 2011. The bill would also express legislative findings and declarations relating to the provision of home-to-school transportation by school districts, and would express legislative intent to fund home-to-school transportation at the level approved in the Budget Act of 2011. Hide
AB 1450 (2011-2012) AllenSupportNo
An Act to Amend Section 27363.5 of the Vehicle Code, Relating to Vehicles. AB 1452 (2011-2012) HillSupportYes
(1)Existing law requires a public or private hospital, clinic, or birthing center, at the time of discharge of a child, to provide and discuss information on the current law requiring child passenger… More
(1)Existing law requires a public or private hospital, clinic, or birthing center, at the time of discharge of a child, to provide and discuss information on the current law requiring child passenger restraint systems, safety belts, and the transportation of children in rear seats to the parents or the person to whom the child is released if the child is under 8 years of age, but specifies that a public or private hospital, clinic, or birthing center shall not be responsible for the failure of the parent or person to whom the child is released to properly transport the child. This bill would require a public or private hospital, clinic, or birthing center, at the time a child under 8 years of age is discharged, to also provide and discuss contact information relating to obtaining, at no cost or low cost, information and assistance relating to child passenger restraint system requirements, installation, and inspection, including, among other things, the telephone number of the local office of the Department of the California Highway Patrol. Because this bill would expand the definition of an existing crime, it 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. Hide
An Act to Add Sections 70024 and 70025 to the Education Code, and to Amend Sections 23101 and 25128 Of, to Amend and Repeal Section 25128.5 Of, to Amend, Repeal, and Add Section 25136 Of, and to Add Sections 25128.7 and 25136.1 To, the Revenue and Taxation Code, Relating to Education, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1500 (2011-2012) PerezSupportNo
The Corporation Tax Law imposes taxes measured by income and, in the case of a business with business income derived from or attributable to sources both within and without this state, apportions the… More
The Corporation Tax Law imposes taxes measured by income and, in the case of a business with business income derived from or attributable to sources both within and without this state, apportions the business income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to apportion its business income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. That law also provides that sales of tangible personal property and sales of other than tangible personal property are in this state in accordance with specified criteria. This bill, for taxable years beginning on or after January 1, 2012, would require a taxpayer, except as provided, to apportion its business income in accordance with a single sale factor and would allow a taxpayer to annually elect to apportion business income in accordance with the 4-factor formula, as provided. This bill also would revise the rules that determine whether a taxpayer is doing business in this state and would revise the provisions that determine whether sales other than tangible personal property occur in this state, including specific provisions for cable systems or networks. This bill would require any aggregate increase in revenues derived from its provisions less a specified amount, as provided, to be deposited into the Middle Class Scholarship Fund, which the bill would establish, and, upon appropriation by the Legislature, allocate those revenues for the purpose of increasing the affordability of higher education. This bill would become operative only if a specified measure is chaptered and establishes a middle-class scholarship program. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Article 22 (Commencing with Section 70020) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and to Amend Section 19611 Of, and to Add Section 17060 To, the Revenue and Taxation Code, Relating to Student Financial Aid, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1501 (2011-2012) PerezSupportNo
(1)Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community… More
(1)Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. This bill would establish the Middle Class Scholarship Program under the administration of the Student Aid Commission. The bill would provide that, commencing with the 2012–13 fiscal year, undergraduate students enrolled at the University of California or the California State University would receive a scholarship grant award credit that, combined with other publicly funded student financial aid, as defined, received by an eligible student, would be 60% of the amount charged that student for mandatory systemwide fees in that fiscal year if the student meets the following conditions: annual household income does not exceed $150,000; is a resident of this state or exempt from paying nonresident tuition; files specified financial aid forms; makes timely application or applications for publicly funded student financial aid, as defined, for which he or she is eligible; and meets prescribed eligibility requirements of the Cal Grant Program, except as specified, and attains at least a 2.0 high school or community college grade point average. The bill would provide that a student whose annual household income exceeds $150,000, and who otherwise meets the requirements, would receive a scholarship grant award credit that is reduced in accordance with prescribed calculations. The bill would require, in order for students enrolled in their respective segments to remain eligible to receive financial aid under the bill, the University of California and the California State University to maintain their respective institutional need-based grant programs at a level that, at a minimum, is equivalent to the level maintained during the 2011–12 fiscal year. The bill would continuously appropriate from the General Fund $150,000,000 to the Chancellor of the California Community Colleges for allocation to community college districts based on calculations of full-time equivalent credit, to be expended, after consultation with student representatives as specified, for the provision of scholarship grants to students to reduce the impact of enrollment fees or to help cover the cost of textbooks and other educational expenses. The bill would require the Student Aid Commission to report the amount of the scholarship grant award credit for each student to the Franchise Tax Board, and to report the aggregate amount of scholarship grant award credits to the Department of Finance. The bill would authorize the Student Aid Commission to determine if sufficient funding is available for purposes of the bill in the 2012–13 fiscal year and subsequent fiscal years, and would further authorize the commission to reduce scholarships proportionately if it determines that sufficient funding is not available.(2)Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account.This bill, for fiscal years beginning with the 2012–13 fiscal year, would authorize an amount equal to a qualified student’s scholarship grant award credit under the Middle Class Scholarship Program, as determined by the Student Aid Commission pursuant to the bill, to be refunded from the Tax Relief and Refund Account, thereby making an appropriation.(3)This bill would become operative only if AB 1500 of the 2011–12 Regular Session is chaptered.(4)This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Section 711.1 to the Military and Veterans Code, Relating to Veterans. AB 1505 (2011-2012) PanSupportYes
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would provide that if the… More
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would provide that if the federal government acts to reinstate benefits to discharged veterans, as specified, who were denied those benefits solely on the basis of sexual orientation pursuant to any federal policy prohibiting homosexual personnel from serving in the Armed Forces of the United States, the state shall reinstate to those veterans any state-offered benefits, as provided. This bill would require the Department of Veterans Affairs to provide Internet resources, Internet links, and print materials, as provided, regarding, or created by, veterans’ legal services organizations that specialize in military discharge upgrades. Hide
An Act to Amend Sections 17072 and 19184 Of, to Amend and Repeal Sections 17131.4, 17131.5, 17215.1, and 17215.4 Of, and to Add Sections 17138.5 and 17216 To, the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 1510 (2011-2012) GarrickOpposeNo
The Personal Income Tax Law authorizes various deductions in computing income that is subject to tax under that law. This bill would, for taxable years beginning on and after January 1, 2013, allow a… More
The Personal Income Tax Law authorizes various deductions in computing income that is subject to tax under that law. This bill would, for taxable years beginning on and after January 1, 2013, allow a deduction in connection with health savings accounts in conformity with federal law. In general, the deduction would be an amount equal to the aggregate amount paid in cash during the taxable year by, or on behalf of, an eligible individual, as defined, to a health savings account of that individual, as provided. This bill would, for taxable years beginning on and after January 1, 2013, also provide related conformity to that federal law with respect to the allowance of rollovers from Archer Medical Savings Accounts, health flexible spending arrangements, or health reimbursement accounts to a health savings account, and penalties in connection therewith. This bill would take effect immediately as a tax levy. Hide
AB 1519 (2011-2012) WieckowskiSupportYes
An Act to Add Section 2043 to the Financial Code, Relating to Elder or Dependent Adult Financial Abuse. AB 1525 (2011-2012) AllenSupportYes
Existing law, the Money Transmission Act, provides for the regulation of money transmission businesses in California by the Department of Financial Institutions. Existing law provides that… More
Existing law, the Money Transmission Act, provides for the regulation of money transmission businesses in California by the Department of Financial Institutions. Existing law provides that corporations or limited liability companies may become licensed for money transmission, and that a licensee may appoint agents, as specified, to conduct money transmission on behalf of the licensee. This bill would require specified money transmission licensees to provide, on or before April 1, 2013, and annually thereafter, each of their agents with training materials on recognizing elder or dependent adult financial abuse, and on the appropriate response to suspected elder or dependent adult financial abuse in a transaction. Hide
AB 1526 (2011-2012) MonningSupportYes
An Act to Amend Section 6203 of the Revenue and Taxation Code, Relating to Taxation. AB 153 (2011-2012) SkinnerSupportNo
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other… More
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. That law defines a “retailer engaged in business in this state” to include retailers that engage in specified activities in this state and requires every retailer engaged in business in this state and making sales of tangible personal property for storage, use, or other consumption in this state to register with the State Board of Equalization and to collect the tax from the purchaser and remit it to the board. This bill would include in the definition of a retailer engaged in business in this state any retailer entering into agreements under which a person or persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers, whether by an Internet-based link or an Internet Web site, or otherwise, to the retailer, provided the total cumulative sales price from all sales by the retailer to purchasers in this state that are referred pursuant to these agreements is in excess of $10,000, within the preceding 12 months, and provided further that the retailer has cumulative sales of tangible personal property to purchasers in this state of over $500,000, within the preceding 12 months, except as specified. This bill would further provide that a retailer entering specified agreements to purchase advertising is not a retailer engaged in business in this state and would define a retailer to include an entity affiliated with a retailer under federal income tax law, as specified. This bill would further provide that these provisions would not apply if the retailer can demonstrate that the referrals would not satisfy specified United States constitutional requirements, as provided.This bill would provide that the provisions of this bill are severable. Hide
An Act to Amend Section 12894 of the Government Code, and to Add Chapter 4.1 (Commencing with Section 39710) to Part 2 of Division 26 of the Health and Safety Code, Relating to Greenhouse Gas Emissions. AB 1532 (2011-2012) PerezSupportYes
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The… More
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include use of market-based compliance mechanisms. Existing law imposes limitations on any link, as defined, between the state and another state, province, or country for purposes of a market-based compliance mechanism by, among other things, prohibiting any state agency, including the state board, from taking any action to create such a link unless the state agency notifies the Governor, and the Governor issues specified written findings on the proposed link that consider the advice of the Attorney General. This bill would prohibit the Governor’s written findings on the proposed link from being subject to judicial review. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. This bill would require the moneys in the Greenhouse Gas Reduction Fund to be used for specified purposes. The bill would require the Department of Finance, in consultation with the state board and any other relevant state entity, to develop, as specified, a 3-year investment plan that includes specified analysis and information and to submit the plan to the Legislature, as specified. The bill would require the Department of Finance to submit a report no later than March 1, 2014, and annually thereafter, to the appropriate committees of the Legislature containing specified information. This bill would make its provisions contingent on the enactment of other legislation, as specified. Hide
An Act to Add Section 22856 to the Government Code, to Add Section 1374.76 to the Health and Safety Code, and to Add Section 10144.8 to the Insurance Code, Relating to Health Care Coverage. AB 154 (2011-2012) BeallSupportNo
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… More
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. Under existing law, a health care service plan contract and a health insurance policy are required to provide coverage for the diagnosis and treatment of severe mental illnesses of a person of any age. Existing law does not define the term “severe mental illnesses” for this purpose but describes it as including several conditions. This bill would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2013, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV), including substance abuse but excluding nicotine dependence and specified diagnoses defined in the manual, subject to regulatory revision, as specified. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees’ Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage.This bill would also exempt certain health care service contracts entered into by the Managed Risk Medical Insurance Board from its provisions.Because this bill would expand coverage requirements for health care service plans, the willful violation of which would be a crime, it 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. Hide
An Act to Amend Section 64 of the Harbors and Navigation Code, Relating to State Waters. AB 1540 (2011-2012) BuchananSupportYes
Existing law designates the Department of Boating and Waterways as the lead agency in cooperating with other agencies in controlling water hyacinth (Eichhornia crassipes) and Brazilian elodea (Egeria… More
Existing law designates the Department of Boating and Waterways as the lead agency in cooperating with other agencies in controlling water hyacinth (Eichhornia crassipes) and Brazilian elodea (Egeria densa) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. This bill would additionally designate the department as the lead agency in cooperating with other agencies in controlling South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh. Hide
AB 1542 (2011-2012) MansoorOpposeNo
AB 1545 (2011-2012) PerezSupportNo
An Act to Repeal and Add Section 6203 of the Revenue and Taxation Code, Relating to Taxation, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 155 (2011-2012) SkinnerSupportYes
Existing law imposes a sales tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, and a use tax on the storage, use, or other… More
Existing law imposes a sales tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, and a use tax on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. That law requires every retailer engaged in business in this state, as defined, and making sales of tangible personal property for storage, use, or other consumption in this state to collect the tax from the purchaser. Existing law defines a “retailer engaged in business in this state” to include a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty; a retailer entering into an agreement or agreements under which a person or persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers of tangible personal property to the retailer, whether by an Internet-based link or an Internet Web site, or otherwise, provided that 2 specified conditions are met, including the condition that the retailer, within the preceding 12 months, has total cumulative sales of tangible personal property to purchasers in this state in excess of $500,000; and a retailer that is a member of a commonly controlled group, as defined under the Corporation Tax Law, and a member of a combined reporting group, as defined, that includes another member of the retailer’s commonly controlled group that, pursuant to an agreement with or in cooperation with the retailer, performs services in this state in connection with tangible personal property to be sold by the retailer. This bill would revise the definition of a “retailer engaged in business in this state” to temporarily eliminate the above-mentioned inclusions in that definition, and would condition the commencement of the operation of these inclusions upon the enactment of a certain federal law and the state’s election to implement that law. This bill, for purposes of one of those inclusions, would revise the cumulative sales condition to increase the amount of total cumulative sales of tangible personal property to purchasers in this state to an amount in excess of $1,000,000. This bill would provide that certain provisions of this bill are severable. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 5068 Of, and to Add Section 5068.1 To, the Vehicle Code, Relating to Vehicles. AB 1550 (2011-2012) BonillaSupportYes
Under existing law, the Department of Motor Vehicles (DMV) issues environmental and other specialized license plates, including veterans’ organizations license plates. Veterans’ organizations… More
Under existing law, the Department of Motor Vehicles (DMV) issues environmental and other specialized license plates, including veterans’ organizations license plates. Veterans’ organizations license plates are required to have a distinctive design or decal. The Department of Veterans Affairs may modify the plate design or decals, but is prohibited from issuing those plates or decals, as modified, until all existing plates or decals have been issued. This bill would authorize prescribed persons to apply for a special interest license plate that honors all veterans or veterans who served in a particular war or armed conflict. This bill would require the department to issue by July 1, 2013, decals for plates issued under this program that honor all veterans or veterans who served in a particular war or armed conflict to an applicant, to make available to an applicant, upon request, in lieu of this decal, a “yellow ribbons/support our troops” decal, and to eliminate from inventory any decals for which the department determines that demand is insufficient to maintain that inventory in a cost-effective manner. These special interest license plates are subject to fees for issuance, renewal, or personalization that are additional to those required for nonspecialized license plates. Existing law requires that the revenue from those additional fees, less the DMV’s costs, be deposited in the Veterans Service Office Fund. Existing law requires money in the Veterans Service Office Fund to be available, upon appropriation by the Legislature, to the Department of Veterans Affairs for allocation and disbursement to counties for the operation of county veterans service offices. This bill would increase the amount of those additional fees. Hide
An Act to Amend Sections 50650.3, 51345, and 51505 of the Health and Safety Code, Relating to Housing, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1551 (2011-2012) TorresSupportYes
Existing law establishes the CalHome Program, administered by the Department of Housing and Community Development, to enable low- and very low income households to become or remain homeowners.… More
Existing law establishes the CalHome Program, administered by the Department of Housing and Community Development, to enable low- and very low income households to become or remain homeowners. Existing law requires the department, under the program, to provide grant or loan funds to local public agencies or nonprofit corporations for specified purposes relating to the promotion of home ownership. Existing law requires that financial assistance provided to individual households be in the form of deferred payment loans, repayable upon sale or transfer of the homes, when they cease to be owner-occupied, or upon the loan maturity date. This bill would, notwithstanding any other law, authorize the department to permit the downpayment assistance loan to be subordinated to refinancing if it determines that the borrower and the proposed subordination meet certain requirements. Existing law requires the California Housing Finance Agency to administer the California Homebuyer’s Downpayment Assistance Program for the purpose of assisting first-time low- and moderate-income homebuyers utilizing existing mortgage financing. Existing law authorizes a borrower to refinance a mortgage under specified circumstances. Existing law authorizes the agency, in its discretion, to permit a downpayment assistance loan to be subordinated to refinancing if it determines that certain criteria have been met. Existing law authorizes the agency to permit subordination on those terms and conditions as it determines are reasonable. Existing law requires the California Housing Finance Agency to administer the Home Purchase Assistance Program for the purpose of assisting first-time homebuyers utilizing existing mortgage financing. Existing law also requires the agency to administer the Extra Credit Teacher Home Purchase Program, as specified, and any other school personnel home ownership assistance program that is set forth by the California Debt Limit Allocation Committee. This bill would further extend the authority of the agency to permit a downpayment assistance loan made under any of those programs to be subordinated to refinancing, subject to certain criteria and under terms and conditions as the agency determines are reasonable, unless the borrower has sufficient equity to repay the loan. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Section 14103.9 to the Welfare and Institutions Code, Relating to Medi-Cal. AB 1553 (2011-2012) MonningSupportNo
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The… More
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. One of the methods by which these services are provided is pursuant to contracts with various types of managed care plans. This bill would establish a process that would permit an eligible Medi-Cal beneficiary to receive fee-for-service Medi-Cal, if available, as an alternative to plan enrollment for a prescribed period of time if the beneficiary meets specified criteria. This bill would provide that these provisions shall not apply to a beneficiary who is enrolled in a county organized health system. This bill would require the department to develop a process to track a beneficiary who has been denied a request for exemption from plan enrollment and to notify the plan, if applicable, of the denial, including information identifying the provider. Hide
An Act to Add Sections 89516.5 and 92612.5 to the Education Code, Relating to Public Postsecondary Education. AB 1561 (2011-2012) HernandezSupportNo
Existing law establishes the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the… More
Existing law establishes the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the Regents of the University of California, as 2 of the segments of public postsecondary education in the state. This bill would prohibit the trustees from entering into or renewing, and would request the regents not to enter into or renew, a contract that provides for a compensation increase, as defined, for an administrator, as defined, using state moneys or moneys from tuition or fees in a fiscal year in which the amount of General Fund moneys appropriated to the respective segment in the annual Budget Act for the current fiscal year is less than the amount of moneys appropriated to that segment in the annual Budget Act for the immediately preceding fiscal year, or if mandatory systemwide resident tuition or fees have been increased in the same fiscal year. This bill would prohibit the trustees from increasing, and would request the regents not to increase, the compensation of an administrator by more than 10% relative to the immediately preceding compensation for that position. Subsequent to this increase, the bill would require, and request, that compensation to only be increased annually by the percentage of inflation, as specified. Hide
An Act to Amend Section 15926 of the Welfare and Institutions Code, Relating to Public Health. AB 1580 (2011-2012) BonillaSupportYes
Existing law provides for various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the Healthy Families Program. Existing law… More
Existing law provides for various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the Healthy Families Program. Existing law establishes the California Health Benefit Exchange (Exchange), pursuant to the federal Patient Protection and Affordable Care Act (PPACA), and specifies the duties and powers of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans, and facilitating the purchase of qualified health plans through the Exchange. Existing law, the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, operative as provided, requires the State Department of Health Care Services, in consultation with specified entities, to establish standardized single, accessible application forms and related renewal procedures for state health subsidy programs, as defined, in accordance with specified requirements. Existing law provides that the application or case of an individual screened as not eligible for Medi-Cal on the basis of household income but who may be eligible for Medi-Cal on another basis shall be forwarded to the Medi-Cal program for an eligibility determination. This bill would make technical and clarifying changes to these provisions. Hide
An Act to Add Section 114.3 to the Business and Professions Code, Relating to Professions and Vocations. AB 1588 (2011-2012) AtkinsSupportYes
Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard.… More
Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. This bill would require the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. The bill would, except as specified, prohibit a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. The bill would require a licensee or registrant to meet certain renewal requirements within a specified time period after being discharged from active duty service prior to engaging in any activity requiring a license. The bill would require a licensee or registrant to notify the board of his or her discharge from active duty within a specified time period. Hide
AB 1594 (2011-2012) EngSupportNo
AB 1596 (2011-2012) CookOpposeNo
AB 16 (2011-2012) PereaSupportYes
An Act to Amend Sections 2923.5 and 2924g Of, to Amend and Repeal Section 2924 Of, and to Add Sections 2923.6, 2924.9, 2924.10, 2924.11, 2924.12, 2924.13, 2924.14, 2924.15, and 2924.16 To, the Civil Code, Relating to Mortgages. AB 1602 (2011-2012) EngSupportNo
(1)Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower… More
(1)Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default to include a declaration stating that the trustee, beneficiary, or authorized agent has contacted the borrower, or has tried with due diligence to contact the borrower, or that no contact was required for a specified reason. This bill would additionally require the borrower to be provided, if applicable, with a deadline for the borrower to submit an initial application for a loan modification. The bill would require the declaration to also state that the borrower was not a servicemember or dependent of a servicemember entitled to benefits under the federal Servicemembers Civil Relief Act, that the mortgagee, trustee, beneficiary, or authorized agent has possession of the note and mortgage, or deed of trust, and other specified documents that evidence the right to foreclose, and has attached copies thereof to the declaration, as specified, or a separate declaration containing specified information, if the above described documents cannot be located. The bill would prescribe procedures and notices that must be sent by the mortgagee, trustee, beneficiary, or authorized agent if the notice of default was filed prior to January 1, 2013, and a notice of rescission was not subsequently recorded. The bill would prohibit recording a notice of default unless a specified written notice has been sent at least 14 days before a notice of default is recorded. The bill would prohibit a notice of default from being recorded while a loan modification application is pending, under specified conditions, and would establish additional procedures to be followed regarding the loan modification application before a notice of default could be recorded. (2)Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of sale. This bill would impose additional requirements pertaining to applications for loan modifications that must be satisfied prior to recording a notice of sale in order to exercise a power of sale. The bill would require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date, time, and location when the new sale date is at least 10 calendar days after the date of postponement, as specified. The bill would establish procedures for a loan modification application process to be used after a notice of sale has been recorded. The bill would prohibit a notice of sale from being recorded under certain conditions, including, among others, if the borrower is in compliance with a loan modification plan, forbearance, or loan repayment plan, as specified, or if a short sale or deed-in-lieu of foreclosure has been approved, as specified. The bill would require mortgagees, trustees, beneficiaries, or authorized agents to track and record specified data pertaining to loan modification agreements. The bill would prohibit the collection of late fees while a loan modification or short sale is being considered, if certain criteria are met. (3)The bill would repeal duplicate provisions of law. (4)The bill would authorize a borrower to seek an injunction of a pending trustee’s sale if a notice of sale has been recorded and the borrower reasonably believes that the mortgagee, trustee, beneficiary, or authorized agent failed to comply with specified requirements. The bill would authorize the greater of actual damages or $10,000 in statutory damages if there is a failure to comply with specified requirements by the mortgagee, trustee, beneficiary, or authorized agent and the property is sold at a foreclosure sale. The bill would authorize the greater of treble damages or $50,000 in statutory damages if the failure to comply is found to be intentional or reckless or resulted from willful misconduct, as specified. (5)The bill would establish the Office of Homeowner Protection, that would have responsibility, among other things, for responding to inquiries and complaints from individuals regarding foreclosures and other procedures and requirements as described above, attempting to seek compliance by mortgagees, trustees, beneficiaries, or authorized agents regarding foreclosures and other procedures and requirements as described above, and maintaining an Internet Web site that is capable of receiving inquiries and complaints from individuals and that provides information to the public about publicly available resources intended to help individuals avoid foreclosure. The bill would express the intent of the Legislature that the office be funded by payments made available to the Attorney General via the Special Deposit Fund, created pursuant to specified federal settlement agreements. Hide
An Act to Amend Sections 17935, 17941, 17948, and 23153 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 1605 (2011-2012) GarrickOpposeNo
Existing law generally imposes an annual minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state,… More
Existing law generally imposes an annual minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would reduce that minimum tax, as provided, for a corporation, limited partnership, limited liability partnership, and limited liability company that is a small business, as defined, that first commences business operations on or after January 1, 2013. This bill would take effect immediately as a tax levy. Hide
An Act to Amend Section 3505.4 of the Government Code, Relating to Public Employment. AB 1606 (2011-2012) PereaSupportYes
The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to… More
The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Under the act, if the representatives of the public agency and the employee organization fail to reach an agreement, they may mutually agree on the appointment of a mediator and equally share the cost. If the parties reach an impasse, the act provides that a public agency may unilaterally implement its last, best, and final offer. Existing law further authorizes the employee organization, if the mediator is unable to effect settlement of the controversy within 30 days of his or her appointment, to request that the parties’ differences be submitted to a factfinding panel. This bill would instead authorize the employee organization to request that the parties’ differences be submitted to a factfinding panel not sooner than 30 days or more than 45 days following the appointment or selection of a mediator pursuant to the parties’ agreement to mediate or a mediation process required by a public agency’s local rules. The bill would also authorize an employee organization, if the dispute was not submitted to mediation, to request that the parties’ differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. The bill would specify that the procedural right of an employee organization to request a factfinding panel cannot be expressly or voluntarily waived. The bill would also specify that its provisions are intended to be technical and clarifying of existing law. Hide
An Act to Add Chapter 6.1 (Commencing with Section 51035) to Part 1 of Division 1 of Title 5 of the Government Code, and to Amend Sections 109947, 110050, 110460, 111955, 113789, 113851, 114021, 114023, 114390, 114405, and 114409 Of, to Add Sections 113758 and 114088 To, and to Add Chapter 11.5 (Commencing with Section 114365) to Part 7 of Division 104 Of, the Health and Safety Code, Relating to Food Safety. AB 1616 (2011-2012) GattoSupportYes
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law), requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to… More
Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law), requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act. The Sherman Law makes it unlawful to manufacture, sell, deliver, hold, or offer for sale any food that is misbranded. Food is misbranded if its labeling does not conform to specified federal labeling requirements regarding nutrition, nutrient content or health claims, and food allergens. Violation of this law is a misdemeanor. The existing California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. That law exempts private homes from the definition of a food facility, and prohibits food stored or prepared in a private home from being used or offered for sale in a food facility. That law also requires food that is offered for human consumption to be honestly presented, as specified. A violation of these provisions is a misdemeanor. This bill would include a cottage food operation, as defined, that is registered or has a permit within the private home exemption of the California Retail Food Code. The bill would also exclude a cottage food operation from specified food processing establishment and Sherman Law requirements. This bill would require a cottage food operation to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales and would subject a cottage food operation to inspections under specified circumstances. The bill would require a food facility that serves a cottage food product without packaging or labeling to identify it as homemade. The bill would establish various zoning and permit requirements relating to cottage food operations. This bill would incorporate additional changes in Section 113789 of the Health and Safety Code, proposed by AB 2297, to be operative only if AB 2297 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. By imposing duties on local officials and adding new crimes, this bill would create 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 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. Hide
AB 1625 (2011-2012) AllenSupportNo
AB 1636 (2011-2012) MonningSupportNo
An Act to Amend Sections 84305.5, 84504, and 84505 Of, to Add Sections 84506.1, 84506.2, and 84506.3 To, to Repeal Sections 84502, 84503, and 84506.5 Of, and to Repeal and Add Sections 84501, 84506, 84507, and 84508 Of, the Government Code, Relating to the Political Reform Act of 1974, and Calling a Special Election to Be Consolidated with the November 4, 2014, Statewide General Election, to Take Effect Immediately As an Act Calling an Election. AB 1648 (2011-2012) BrownleySupportNo
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate… More
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer, and to contain other specified information in specified formatting. The act requires that each candidate and each ballot measure that has paid to appear in the slate mailer be designated by an asterisk. This bill would instead require that a candidate or ballot measure appearing in the slate mailer be designated by an asterisk if the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer has received payment to include the candidate or ballot measure in the slate mailer. The bill would also recast the language of the prescribed notice to voters that must be included on a slate mailer. The act also regulates advertisements, which are defined as any general or public advertisement that is authorized and paid for by a person or committee for the purpose supporting or opposing a candidate for elective office or a ballot measure or ballot measures. The act places certain disclosure requirements on advertisements for or against any ballot measure, including that the advertisement disclose any person who has made cumulative contributions of $50,000 or more, as prescribed. The act places more specific disclosure requirements on broadcast or mass mailing advertisements that are paid for by independent expenditures that support or oppose a candidate or ballot measure. This bill would repeal provisions relating to disclosures for advertisements paid for by an independent expenditure and required disclosures of persons who have made cumulative contributions of $50,000 or more. This bill would, instead, impose specified disclosure requirements on radio, television, and video advertisements, and certain mass mailing and print advertisements that support or oppose a candidate or ballot measure or solicit contributions in support of those purposes. The bill would require radio, television, and video advertisements that are authorized by a candidate or agent of the candidate to include a statement in which the candidate identifies himself or herself and states that he or she approves the message, as specified. The bill would require radio, television, video, and certain mass mailings and print advertisements that are not authorized by a candidate or an agent of the candidate to disclose, in a prescribed format, the 3 largest identifiable contributors, as defined, of the committee that paid for the advertisement. The bill would require mass mailings or print advertisements that are paid for by certain persons who are not committees to disclose the name of that person as the funder of the mass mailing or print advertisement. The bill would also require that certain committees establish and maintain a committee disclosure Internet Web site, as defined, which discloses the top 10 identifiable contributors and provides a link to either the Internet Web site maintained by the Secretary of State for campaign finance disclosures of the committee, or a page on the committee disclosure Internet Web site that discloses all identifiable contributors to that committee, as specified. The bill would require these advertisements to identify the address for the committee disclosure Internet Web site. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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.The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters.This measure would call a special statewide election to be consolidated with the statewide general election scheduled for November 4, 2014. It would provide for the submission to the voters of the provisions of this bill amending the Political Reform Act of 1974, as summarized above, at that election.This bill would declare that it is to take effect immediately as an act calling an election. Hide
An Act to Amend Section 19635 Of, and to Add Chapter 10.4 (Commencing with Section 3524.1) to Division 4 of Title 1 Of, the Government Code, Relating to Public Employees. AB 1655 (2011-2012) DickinsonSupportNo
The existing Bill of Rights for State Excluded Employees prescribes various rights and terms and conditions of employment for excluded employees, defined as certain supervisory, managerial, and… More
The existing Bill of Rights for State Excluded Employees prescribes various rights and terms and conditions of employment for excluded employees, defined as certain supervisory, managerial, and confidential state employees. This bill would enact the Public Employees’ Bill of Rights Act that would apply to state employees other than excluded employees. The stated purpose of this act would be to inform public employees of their rights and terms of employment in order to promote harmonious personnel relations between public employees and their employers. This bill would, among other things, provide that state employees shall be entitled to priority over contractors in filling permanent, overtime, and on-call positions. This bill would also prescribe certain rights for employees who are required to maintain a professional license and would authorize the formation of a peer review committee for those licensed professionals, if there are no management or supervisory professional staff employed by the employer, to provide input regarding workplace operations. Existing law requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. Existing law provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification. This bill would require notice of the adverse action to be served and the investigation to be completed within one year after discovery of the cause for discipline in order for an adverse action to be valid against any state employee for any cause for discipline based on any civil service law of this state. The bill also would provide that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is signed within one year after the discovery of the fraud, embezzlement, or falsification. Hide
An Act to Add Section 104338.5 to the Health and Safety Code, and to Add Section 1463.29 to the Penal Code, Relating to Traffic Offenses. AB 1657 (2011-2012) WieckowskiSupportNo
Existing law requires that all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in a court be deposited with the county treasurer, to be… More
Existing law requires that all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in a court be deposited with the county treasurer, to be distributed monthly, as required by law. Existing law authorizes the University of California to establish a spinal cord injury research fund, independent of the State Treasury, to accept public and private funds for spinal cord injury research programs and grants. This bill would impose an additional penalty of $1 to be imposed upon every conviction for a violation of state or local traffic laws, except for offenses relating to parking. The bill would require the penalty to be deposited with the county treasurer who would, on a semiannual basis, transfer the moneys to the State Treasury for deposit into the Roman Reed Spinal Cord Injury Penalty Fund, which the bill would establish. Because the bill would require the county treasurer to perform additional duties, this bill would impose a state-mandated local program. The bill would also provide that, prior to the transfer of funds to the State Treasurer, the county treasurer is required to withhold a sufficient amount necessary to reimburse the county and the courts for their actual, reasonable, and necessary costs associated with administering these provisions. If those amounts are withheld, the bill would authorize the county to send an accounting report detailing its costs to the Regents of the University of California. 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. Hide
AB 1662 (2011-2012) FongSupportYes
AB 1663 (2011-2012) DickinsonSupportYes
An Act to Amend Sections 52052 and 52052.3 of the Education Code, Relating to School Accountability. AB 1668 (2011-2012) CarterSupportYes
Existing law requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop an Academic Performance Index (API), as part of the Public School Performance… More
Existing law requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop an Academic Performance Index (API), as part of the Public School Performance Accountability Program, to measure the performance of schools, especially the academic performance of pupils. Existing law requires the Superintendent, with approval of the state board, to develop an alternative accountability system for specified types of schools and allows these schools to receive an API score, but prohibits them from being included in the API rankings of schools. Existing law requires the Superintendent and the state board, as part of the alternative accountability system for schools, or any successor system, to allow no more than 10 dropout recovery high schools to report the results of an individual pupil growth model, as specified, instead of reporting other indicators, and requires the Superintendent to review the individual pupil growth model proposed by a dropout recovery high school and certify that model if it meets specified criteria. Existing law defines a dropout recovery high school as a school offering instruction in any of grades 9 to 12, inclusive, in which 50% or more of its pupils are designated as dropouts, as specified, and the school provides specified instruction. This bill would change the definition of a dropout recovery high school to mean a school offering instruction in any of grades 9 to 12, inclusive, in which 50% or more of its pupils are either designated as dropouts, as specified, or left a school and were not otherwise enrolled in a school for a period of at least 180 days and the school provides specified instruction. The bill also would require a dropout recovery high school to submit to the Superintendent a certification that the high school meets the definition of a dropout recovery high school, as defined, and provide specified data in support of that designation. Existing law prohibits graduation rates for pupils in dropout recovery high schools, as defined, from being included in the API. This bill would revise the definition of dropout recovery high school for purposes of this provision to also include a high school in which 50% or more of its pupils left a school and were not otherwise enrolled in a school for a period of at least 180 days. Hide
AB 1724 (2011-2012) FongSupportYes
An Act to Amend Section 830.31 of the Penal Code, Relating to Peace Officers. AB 1763 (2011-2012) DavisSupportNo
Existing law provides that an officer of the Department of General Services of the City of Los Angeles is a peace officer if he or she is designated by the general manager of the department and his… More
Existing law provides that an officer of the Department of General Services of the City of Los Angeles is a peace officer if he or she is designated by the general manager of the department and his or her primary duty is the enforcement of the law in or about properties owned, operated, or administered by the department or when performing necessary duties with respect to patrons, employees, and properties of the department. A peace officer designated pursuant to those provisions and authorized to carry firearms by the department is required to complete an introductory course of firearm training and requalify for the use of firearms every 6 months, and prohibits the peace officer from carrying a firearm when he or she is not on duty. This bill would instead provide that an officer of the Department of General Services who was transferred to the Los Angeles Police Department is a peace officer if he or she is designated by the Chief of Police of the Los Angeles Police Department, or his or her designee, and the peace officer’s primary duty is the enforcement of the law in or about properties owned, operated, or administered by the City of Los Angeles or when performing necessary duties, as specified. The bill would delete the provisions requiring a peace officer designated pursuant to those provisions to requalify for the use of firearms every 6 months, and would also delete the prohibition on carrying firearms while not on duty. Hide
AB 177 (2011-2012) MendozaSupportYes
AB 1775 (2011-2012) WieckowskiSupportYes
AB 1799 (2011-2012) BradfordSupportYes
AB 183 (2011-2012) MaSupportYes
AB 1851 (2011-2012) AllenSupportYes
AB 1888 (2011-2012) GattoSupportYes
An Act to Add Section 115.5 to the Business and Professions Code, Relating to Professions and Vocations. AB 1904 (2011-2012) BlockSupportYes
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law provides for the issuance of reciprocal… More
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law provides for the issuance of reciprocal licenses in certain fields where the applicant, among other requirements, has a license to practice within that field in another jurisdiction, as specified. Existing law authorizes a licensee to reinstate an expired license without examination or penalty if, among other requirements, the license expired while the licensee was on active duty as a member of the California National Guard or the United States Armed Forces. This bill would require a board within the department to expedite the licensure process for an applicant who holds a license in the same profession or vocation in another jurisdiction and is married to, or in a legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. Hide
AB 1950 (2011-2012) DavisSupportYes
AB 1955 (2011-2012) BlockSupportYes
AB 1964 (2011-2012) YamadaSupportYes
An Act to Add Section 14800.1 to the Financial Code, Relating to Credit Unions. AB 2006 (2011-2012) PerezSupportYes
Existing law prohibits an officer, director, committee member, or employee of a credit union from extending any benefit or service of the credit union to any person, unless that person is admitted to… More
Existing law prohibits an officer, director, committee member, or employee of a credit union from extending any benefit or service of the credit union to any person, unless that person is admitted to membership in the credit union. Existing law also prohibits a credit union from creating any obligation with a person who is not admitted to membership in the credit union, except as specified. A knowing or willful violation of these provisions is a crime, as specified. This bill would authorize a credit union to sell, to a natural person in the field of membership, regardless of whether the person is admitted to membership, checks, as defined, and other similar money transfer instruments, including domestic and international electronic funds transfers. The bill would authorize a credit union to cash checks and other similar money transfer instruments and to receive international and domestic electronic fund transfers for those persons. The bill would also authorize a credit union to charge a fee for providing these services, not to exceed the cost of providing the services. Hide
AB 2039 (2011-2012) SwansonSupportNo
AB 210 (2011-2012) HernandezSupportYes
An Act to Add Section 15657.8 to the Welfare and Institutions Code, Relating to Elder and Dependent Adults. AB 2149 (2011-2012) ButlerSupportYes
The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney’s… More
The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney’s fees and costs, and damages to a plaintiff, when it is proven that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. The Civil Discovery Act provides that it is the policy of the state that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act. The Civil Discovery Act prohibits the court from recognizing or enforcing provisions of such a confidential settlement agreement in the absence of specified conditions. This bill would provide that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, or the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined, or the defendant’s current employer if the defendant’s job responsibilities include contact with elders, dependent adults, or children, as specified. The bill would provide that any such provision is void as against public policy. Hide
AB 216 (2011-2012) SwansonSupportYes
An Act to Amend Section 1785.20.5 of the Civil Code, and to Add Chapter 3.6 (Commencing with Section 1024.5) to Part 2 of Division 2 of the Labor Code, Relating to Employment. AB 22 (2011-2012) MendozaSupportYes
The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for… More
The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for employment purposes, pursuant to specified requirements. The FCRA provides that it does not preempt state law, except as specifically provided or to the extent that state laws are inconsistent with its provisions. Existing federal and state law specify the procedures that an employer is required to follow before requesting a report and if adverse action is taken based on the report. Existing federal law provides that, subject to certain exceptions, an employer may not procure a report or cause one to be procured for employment purposes, unless prior disclosure of the procurement is made to the consumer and the consumer authorizes the procurement, as specified. Existing federal law further requires, subject to certain exceptions, an employer, before taking any adverse action based on the report, to provide the consumer with a copy of the report and a written description of certain rights of the consumer. Under existing state law, an employer may request a credit report for employment purposes so long as he or she provides prior written notice of the request to the person for whom the report is sought. Existing state law also requires that the written notice inform the person for whom the consumer credit report is sought that a report will be used and of the source of the report and contain space for the person to request a copy of the report. Existing state law further requires an employer, whenever he or she bases an adverse employment decision on information contained in a consumer credit report, to advise the person for whom the report was sought that an adverse action was taken based upon information contained in the report and provide the person with the name and address of the consumer credit agency making the report. A consumer who suffers damages resulting from a violation of these state law provisions may bring a court action to recover monetary damages, as specified, but no person is liable for the violation if he or she shows reasonable procedures were maintained to assure compliance with the provisions, as specified. This bill would prohibit an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report, as defined, for employment purposes unless the position of the person for whom the report is sought is (1) a position in the state Department of Justice, (2) a managerial position, as defined, (3) that of a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, (6) a position in which the person is or would be a named signatory on the employer’s bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer’s behalf, (7) a position that involves access to confidential or proprietary information, as specified, or (8) a position that involves regular access to $10,000 or more of cash, as specified. This bill would also require the written notice informing the person for whom a consumer credit report is sought for employment purposes to also inform the person of the specific reason for obtaining the report, as specified. Hide
AB 2200 (2011-2012) MaSupportNo
An Act to Amend Section 3496 of the Civil Code, and to Amend Sections 11225 and 11230 of the Penal Code, Relating to Human Trafficking. AB 2212 (2011-2012) BlockSupportYes
Under existing law, a person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sexual crimes, such as rape or pandering,… More
Under existing law, a person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sexual crimes, such as rape or pandering, or to obtain forced labor or services, is guilty of human trafficking, which is a felony punishable by imprisonment in the state prison for 3, 4, or 5 years. Existing law classifies a building or place used for the purpose of illegal gambling, lewdness, assignation, or prostitution, and every building or place in or upon which acts of illegal gambling, lewdness, assignation, or prostitution, are held or occur, as a nuisance, which shall be enjoined, abated, and prevented, and for which damages may be recovered through a prescribed process. Civil penalties recovered through this process are divided between the Restitution Fund in the State Treasury and either the city attorney and city prosecutor or the district attorney, depending on who brought the action. This bill would classify a building or place used for the purpose of, or in or upon which are held or occur acts of, human trafficking as a public nuisance. The bill would divide civil penalties collected through the nuisance provisions, in cases of human trafficking, between the Victim-Witness Assistance Fund, to be available upon appropriation by the Legislature to the California Emergency Management Agency to fund grants for human trafficking victim services and prevention programs, and the city attorney and city prosecutor or district attorney. Existing law authorizes a court to award costs, including the costs of investigation and discovery, and reasonable attorney’s fees to the prevailing party in cases in which a governmental agency seeks to enjoin the use of a building or place for, or to enjoin acts of, illegal gambling, lewdness, assignation, or prostitution. The bill would make that provision applicable to cases in which a governmental agency seeks to enjoin the use of a building or place for, or to enjoin acts of, human trafficking. Hide
AB 2231 (2011-2012) FuentesOpposeNo
An Act to Amend Sections 11362.775, 11362.81, and 11362.83 Of, and to Add Article 2.8 (Commencing with Section 11362.84) to Chapter 6 of Division 10 Of, the Health and Safety Code, and to Add Chapter 4 (Commencing with Section 7294) to Part 1.7 of Division 2 of the Revenue and Taxation Code, Relating to Controlled Substances, and Making an Appropriation Therefor. AB 2312 (2011-2012) AmmianoSupportNo
(1)Existing law provides that qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards who… More
(1)Existing law provides that qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards who associate within the State of California in order to cultivate marijuana for medical purposes, collectively or cooperatively, shall not, solely on that basis, be subject to state criminal sanctions for the possession, sale, transport, or other proscribed acts relating to marijuana. This bill instead authorizes qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, to associate within the State of California as collectives, cooperatives, and other business entities to cultivate, acquire, process, possess, transport, test, sell, and distribute marijuana for medical purposes. The bill would provide that these persons shall not be subject to arrest, prosecution, or specified sanctions for possessing, selling, transporting, or engaging in other proscribed acts relating to marijuana, unless they are not in compliance with the registration requirements described in this bill. (2)Existing law makes it a misdemeanor offense to, among other things, fraudulently use or obtain a medical marijuana identification card. This bill also would make it a misdemeanor offense to knowingly produce, issue, utilize, or sell a falsified, forged, or fraudulent physician’s recommendation for medical marijuana. By creating a new crime, the bill would impose a state-mandated local program. (3)Existing law, the Compassionate Use Act of 1996, an initiative measure, prohibits prosecution for the possession or cultivation of marijuana of a patient or a patient’s primary caregiver who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, the Medical Marijuana Program Act, exempts qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons, from certain state criminal sanctions related to the possession, cultivation, transportation, processing, or use of limited amounts of marijuana, as specified. This bill would establish the Medical Marijuana Regulation and Control Act for the purposes of regulating and controlling medical marijuana activities. The bill would establish the Board of Medical Marijuana Enforcement in the Department of Consumer Affairs, and require the board to perform specified duties relating to the regulation of medical marijuana facilities, as defined. The governing body of the board would consist of 9 members, appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly. The duties of the board would include, but not be limited to, issuing or denying registration applications, establishing fees for administering these provisions, adopting regulations in connection with these provisions, and issuing fines and penalties for the violation of these provisions. The bill would preempt local laws regarding the regulation and control of medical marijuana and would prohibit a medical marijuana facility, as defined, from operating without state-approved registration, except as specified. The bill would generally require a city or county to permit no fewer than one medical marijuana dispensary, as defined, per 50,000 residents, provided that a city or county would be permitted to opt out of this requirement, pursuant to certain procedures. The bill would exempt from the bill’s provisions individual patients and caregivers cultivating marijuana at their residences who do not sell or charge for the cultivation. The bill would require the board to make available mandatory registration application forms no later than July 1, 2013, and to make a thorough investigation to determine whether the applicant meets specified criteria. The bill would require that all registration applications be approved unless the applicant fails to meet the criteria. The bill would require a registration application to be approved or denied no later than 180 days after the application is filed with the board, and, if the board fails to act within this time, would require that the application be deemed approved. The bill would require a person applying for the renewal of an existing registration to apply no less than 60 days prior to the expiration, and would require the board to act upon a timely filed registration renewal application no later than 10 days prior to the expiration of the registration. This bill would create the Medical Marijuana Fund and would require that all moneys collected pursuant to the act be deposited into the Medical Marijuana Fund and would, except for moneys derived from penalties, continuously appropriate moneys in the fund for the purposes of implementing, enforcing, and administering the program. (4)Existing law authorizes the board of supervisors of a county and the governing body of a city to levy, increase, or extend a transactions and use tax at a rate of 0.25%, or a multiple thereof, at a combined rate not to exceed 2% if approved by the required vote of the board or governing body and the required vote of qualified voters. This bill would additionally authorize the board of supervisors of a county and the governing body of a city to levy, increase, or extend a transactions and use tax on the retail sale of or storage, use, or other consumption of, medical marijuana or medical marijuana-infused products for general and specified purposes, as provided, at a combined rate not to exceed 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. Hide
An Act to Amend Section 2929.3 of the Civil Code, and to Amend Sections 17980 and 17980.7 of the Health and Safety Code, Relating to Real Property. AB 2314 (2011-2012) CarterSupportYes
(1)Existing law, until January 1, 2013, requires a legal owner to maintain vacant residential property purchased at a foreclosure sale or acquired by that owner through foreclosure under a mortgage… More
(1)Existing law, until January 1, 2013, requires a legal owner to maintain vacant residential property purchased at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust. Existing law, until January 1, 2013, authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation. Existing law, until January 1, 2013, requires a governmental entity that seeks to impose those fines and penalties to give notice of the claimed violation and an opportunity to correct the violation at least 14 days prior to imposing the fines and penalties, and to allow a hearing for contesting those fines and penalties. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely. (2)The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city, county, or city and county, or a specified environmental agency, to enforce within its jurisdiction all of the State Housing Law, the building standards published in the State Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days’ notice to abate the nuisance, to institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. This bill would prohibit an enforcement agency from commencing any action or proceeding until at least 60 days after a person takes title to the property, unless a shorter period of time is deemed necessary by the enforcement agency in its sole discretion, as specified, if the person has purchased and is in the process of diligently abating any violation at a residential property that had been foreclosed on or after January 1, 2008. This bill would require any entity that releases a lien securing a deed of trust or mortgage on a property for which a notice of pendency of action, as defined, has been recorded against the property, as specified, to notify in writing the enforcement agency that issued the order or notice within 30 days of releasing the lien. (3)Existing law authorizes, among other things, the enforcement agency to seek and the court to order imposition of specified penalties or the enforcement agency, tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for a substandard building, if the owner of the property fails to comply within a reasonable time with the terms of an order or notice. This bill would authorize a court to require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law. Hide
An Act to Amend Section 50832 of the Health and Safety Code, Relating to Economic Development. AB 232 (2011-2012) PerezSupportYes
Existing law requires the Department of Housing and Community Development to allocate funds under the federal Community Development Block Grant Program to cities and counties. Existing law requires… More
Existing law requires the Department of Housing and Community Development to allocate funds under the federal Community Development Block Grant Program to cities and counties. Existing law requires the department to determine, and announce in the applicable Notice of Funding Availability, the maximum amount of grant funds that may be used for economic development projects and programs, housing for persons and families of low or moderate income or for purposes directly related to the provision or improvement of housing opportunities for these persons and families, and for cities and counties that apply on behalf of certain Indian tribes. Existing law requires the department to develop and use certain eligibility criteria and requirements for certain economic development fund applications. This bill would make changes to the eligibility criteria and requirements developed and used by the department. The bill would also make conforming changes. Hide
An Act to Add and Repeal Article 4.5 (Commencing with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, Relating to Taxation. AB 233 (2011-2012) HallSupportYes
The Personal Income Tax Law authorizes taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would additionally allow individuals to designate… More
The Personal Income Tax Law authorizes taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would additionally allow individuals to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the California YMCA Youth and Government Fund, which would be created by this bill. The bill would require the Franchise Tax Board, when another voluntary contribution designation is removed or as soon as space is available, to revise the tax return forms to provide for the designation created by this bill. The bill would require money in the California YMCA Youth and Government Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board, the Controller, and the State Department of Education for reimbursement of all costs incurred by the Franchise Tax Board, the Controller, and the department in connection with their duties collecting and administering the fund and the balance to the State Department of Education for distribution to the California YMCA Youth and Government Program, and nonprofit civic youth organizations, as specified. The bill would provide that these provisions would be repealed on either January 1 of the 5th taxable year following the first appearance of the California YMCA Youth and Government Fund on the tax return, or January 1 of an earlier year, if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not equal or exceed the minimum contribution amount, as defined, for the calendar year. Hide
An Act to Amend Section 2932.5 Of, to Amend and Repeal Section 2924 Of, and to Add Sections 2920.5, 2923.7, 2924.17, and 2924.18 To, the Civil Code, Relating to Mortgages. AB 2425 (2011-2012) MitchellSupportNo
(1)Existing law prescribes foreclosure procedures, including, among other things, procedures for recording a notice of default, recording a notice of sale, and conducting a foreclosure sale. This… More
(1)Existing law prescribes foreclosure procedures, including, among other things, procedures for recording a notice of default, recording a notice of sale, and conducting a foreclosure sale. This bill would define a mortgage servicer, and would, commencing July 1, 2013, require a mortgage servicer to establish a single point of contact when a borrower on a residential mortgage or deed of trust is 60 or more days delinquent, has had a notice of default recorded, or is seeking a loan modification or other loss mitigation, as specified. The bill would impose various obligations on the single point of contact in connection with loan modification or other loss mitigation options. (2)Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default. This bill would prohibit an entity from recording a notice of default or otherwise initiating foreclosure procedures unless the entity is the holder of the beneficial interest under the deed of trust, and would prohibit an entity acting as an agent from doing so without specific direction from the actual owner of the beneficial interest under the deed of trust. (3)Existing law authorizes the recording by the county recorder of various documents. This bill would provide that a document that contains factual assertions that are not accurate, are incomplete, or are unsupported by competent, reliable evidence, or a document that has not been reviewed by its signer to substantiate the factual assertions contained in the document is a robosigned document. The bill would provide that any entity that records a robosigned document, or files a robosigned document in a court relative to a foreclosure proceeding is liable for a civil penalty of $10,000 for each robosigned document. The bill would authorize specified governmental entities to enforce the civil penalty, and would authorize the Department of Real Estate, the Department of Corporations, and the Department of Financial Institutions to enforce the civil penalty provisions against their respective licensees. (4)The bill would authorize a borrower to seek an injunction of a pending trustee’s sale, if a notice of sale has been recorded and the borrower reasonably believes that the mortgagee, trustee, beneficiary, or authorized agent failed to comply with specified requirements. The bill would authorize the greater of actual damages or $10,000 in statutory damages if there is a failure to comply with specified requirements by the mortgagee, trustee, beneficiary, or authorized agent and the property is sold at a foreclosure sale. The bill would authorize the greater of treble damages or $50,000 in statutory damages if the failure to comply is found to be intentional or reckless or resulted from willful misconduct, as specified. (5)Existing law provides that where the power to sell real property is given to a mortgagee or other encumbrancer, in an instrument intended to secure the payment of money, the power is part of the security and vests with any person who by assignment becomes entitled to payment of the money. This bill would expand these provisions to include a power to sell real property given to a trustee or a beneficiary of a deed of trust in an instrument intended to secure the payment of money. (6)The bill would repeal duplicate provisions of law. Hide
An Act to Add and Repeal Section 19573 of the Revenue and Taxation Code, Relating to Taxation. AB 2439 (2011-2012) EngSupportNo
The Personal Income Tax Law and the Corporation Tax Law impose taxes on, or measured by, income. Existing law requires the Franchise Tax Board to make available as a matter of public record each… More
The Personal Income Tax Law and the Corporation Tax Law impose taxes on, or measured by, income. Existing law requires the Franchise Tax Board to make available as a matter of public record each calendar year a list of the 250 largest tax delinquencies in excess of $100,000, and requires the list to include specified information with respect to each delinquency. This bill would, on or before December 1, 2013, and annually thereafter until January 1, 2018, require that the Franchise Tax Board publish a list of the 500 largest corporate taxpayers per taxable year, that includes each taxpayer’s tax liability, charitable contribution information, and income apportionment information, as provided. This bill would also make findings and declarations regarding the intent of the Legislature. Hide
An Act to Add Chapter 4 (Commencing with Section 1840) to Division 8 of the Military and Veterans Code, and to Add Article 6 (Commencing with Section 2695) to Chapter 4 of Title 1 of Part 3 to the Penal Code, Relating to Veterans. AB 2490 (2011-2012) ButlerSupportYes
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law also authorizes each county… More
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law also authorizes each county board of supervisors to appoint a county veterans service officer to perform specified veterans-related services, including assisting veterans in pursuing claims for federal or state veterans’ benefits. This bill would require the Department of Corrections and Rehabilitation to develop guidance policies to assist veterans who are inmates in pursuing claims for federal veterans’ benefits, or in establishing rights to any other privilege, preference, care, or compensation provided under federal or state law because of honorable service in the military. The bill would authorize the department to coordinate with the Department of Veterans Affairs and county veterans service officers or veterans service organizations in developing the policies. Hide
AB 25 (2011-2012) HayashiSupportYes
An Act to Amend Section 2924.8 of the Civil Code, and to Amend Sections 415.46 and 1161b of the Code of Civil Procedure, Relating to Tenants. AB 2610 (2011-2012) SkinnerSupportYes
(1)Existing law requires a notice of sale to be posted before any power of sale can be exercised under the power of sale contained in any deed of trust or mortgage. Existing law, until January 1,… More
(1)Existing law requires a notice of sale to be posted before any power of sale can be exercised under the power of sale contained in any deed of trust or mortgage. Existing law, until January 1, 2013, requires a resident of property upon which a notice of sale has been posted to be provided a specified notice advising the resident that, among other things, if the person is renting the property, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 60-day eviction notice, and that other laws may prohibit the eviction or provide the tenant with a longer notice before eviction. Existing law makes it an infraction to tear down the notice within 72 hours of posting. Existing law requires a state government entity to make translations of the notice available in 5 specified languages, for use by a mortgagee, trustee, beneficiary, or authorized agent, in order to satisfy the notice requirements. This bill would revise certain portions of the notice to instead require a resident of property upon which a notice of sale has been posted to be advised that if the person is renting the property, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 90-day eviction notice. The bill would require the notice to advise a tenant who has a lease that the new property owner is required to honor the lease unless the new owner will occupy the property as a primary residence or under other limited circumstances. The bill would require the Department of Consumer Affairs to make translations of the notice available, as described above. The bill would provide that these changes to the notice would become operative on March 1, 2013, or 60 days following posting of a dated notice incorporating those amendments on the Department of Consumer Affairs Internet Web site, whichever date is later. The bill would extend the operation of these provisions until December 31, 2019. By extending the operation of provisions establishing a crime, this bill would impose a state-mandated local program. (2)Existing law provides, that in an unlawful detainer action, if an owner or owner’s agent has obtained service of a prejudgment claim of right to possession, as specified, no occupant of the premises, whether or not that occupant is named in the judgment for possession, may object to the enforcement of the judgment, as specified. This bill would provide that in any action for unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to specified provisions, the above provisions regarding objection to the enforcement of a judgment do not limit the right of a tenant or subtenant to file a prejudgment claim of right of possession or to object to enforcement of a judgment for possession, regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession, as specified. (3)Existing law, until January 1, 2013, requires a tenant or subtenant in possession of a rental housing unit at the time that property is sold in foreclosure to be provided 60 days’ written notice to quit before the tenant or subtenant may be removed from the property, as specified. This bill would instead require a tenant or subtenant in possession of a rental housing unit under a month-to-month lease at the time that property is sold in foreclosure to be provided 90 days’ written notice to quit before the tenant or subtenant may be removed from the property. The bill would provide tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale the right to possession until the end of the lease term, except in specified circumstances. The bill would also extend the operation of these provisions until December 31, 2019. (4)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. Hide
An Act to Add Section 388 to the Penal Code, Relating to Agricultural Employee Safety. AB 2676 (2011-2012) CalderonSupportNo
Existing law permits the Occupational Safety and Health Standards Board within the Department of Industrial Relations to adopt occupational health and safety standards to protect the welfare of… More
Existing law permits the Occupational Safety and Health Standards Board within the Department of Industrial Relations to adopt occupational health and safety standards to protect the welfare of employees, and existing regulations provide for the prevention of heat-related illness of employees, as prescribed. Under existing law, it is a misdemeanor for an employer to violate a safety standard if the violation has a substantial probability of resulting in death or serious physical harm. This bill would make it a crime for any person who directs an agricultural employee to perform, or supervises an agricultural employee in the performance of, outdoor work without providing the employee with shade and potable water, punishable by imprisonment not exceeding 6 months in a county jail, by a fine not exceeding $10,000, or by both the imprisonment and fine, or if that violation results in injury to an agricultural employee, by imprisonment not exceeding one year in a county jail, by a fine not exceeding $25,000, or by both that fine and imprisonment. By creating a new 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. Hide
An Act to Amend Section 904.1 of the Code of Civil Procedure, Relating to Appeals. AB 271 (2011-2012) NestandeOpposeNo
Existing law specifies the judgments and orders from which an appeal may be taken to the court of appeal. Existing law also provides that, if the consent of any person who should have been joined as… More
Existing law specifies the judgments and orders from which an appeal may be taken to the court of appeal. Existing law also provides that, if the consent of any person who should have been joined as a plaintiff cannot be obtained, the person may be made a defendant. This bill would require an appellate court to permit an appeal from an order granting or denying class action certification to join a defendant pursuant to those provisions if the petition to appeal is filed within 14 days of entry of the order. Hide
An Act to Amend Section 15438 Of, and to Add Section 15438.10 To, the Government Code, Relating to Health Facilities Financing, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 272 (2011-2012) MonningSupportNo
The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority to make loans from the continuously appropriated California Health Facilities… More
The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority to make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions for financing or refinancing the acquisition, construction, or remodeling of health facilities. The act defines a health facility to include various specified facilities and facilities operated in conjunction with these facilities. It also defines a participating health institution to mean specified entities authorized by state law to provide or operate a health facility and undertake the financing or refinancing of the construction or acquisition of a project or of working capital, as defined. Existing law authorizes the authority to award grants to any eligible health facility, as defined, for purposes of financing defined projects. This bill would authorize the authority to award one or more grants that, in the aggregate, do not exceed $1,500,000 to one or more projects designed to demonstrate new or enhanced cost-effective methods of delivering health care services, as specified. This bill would create the California Health Access Model Program Account in the California Health Facilities Financing Authority Fund, and would transfer up to $1,500,000 from the fund to the account for the purposes of the bill. The bill would require that any moneys remaining in the account as of January 1, 2015, revert to the fund. This bill would require the authority to report to the Governor and the Legislature on the outcomes of the demonstration grant program, as specified. By expanding the purposes for which a continuously appropriated fund may be used, this bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend and Add Sections 2923.5 and 2923.6 Of, to Amend and Repeal Section 2924 Of, to Add Sections 2920.5, 2923.4, 2923.7, 2924.17, and 2924.20 To, to Add and Repeal Sections 2923.55, 2924.9, 2924.10, 2924.18, and 2924.19 Of, and to Add, Repeal, and Add Sections 2924.11, 2924.12, and 2924.15 Of, the Civil Code, Relating to Mortgages. AB 278 (2011-2012) EngSupportYes
(1)Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower… More
(1)Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default or, in certain circumstances, a notice of sale, to include a declaration stating that the mortgagee, trustee, beneficiary, or authorized agent has contacted the borrower, or has tried with due diligence to contact the borrower, or that no contact was required for a specified reason. This bill would add mortgage servicers, as defined, to these provisions and would extend the operation of these provisions indefinitely, except that it would delete the requirement with respect to a notice of sale. The bill would, until January 1, 2018, additionally require the borrower, as defined, to be provided with specified information in writing prior to recordation of a notice of default and, in certain circumstances, within 5 business days after recordation. The bill would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default or, until January 1, 2018, recording a notice of sale or conducting a trustee’s sale while a complete first lien loan modification application is pending, under specified conditions. The bill would, until January 1, 2018, establish additional procedures to be followed regarding a first lien loan modification application, the denial of an application, and a borrower’s right to appeal a denial. (2)Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale. The bill would, until January 1, 2018, require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date and time, as specified. The bill would provide that an entity shall not record a notice of default or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the deed of trust, the original or substituted trustee, or the designated agent of the holder of the beneficial interest, as specified. The bill would prohibit recordation of a notice of default or a notice of sale or the conduct of a trustee’s sale if a foreclosure prevention alternative has been approved and certain conditions exist and would, until January 1, 2018, require recordation of a rescission of those notices upon execution of a permanent foreclosure prevention alternative. The bill would, until January 1, 2018, prohibit the collection of application fees and the collection of late fees while a foreclosure prevention alternative is being considered, if certain criteria are met, and would require a subsequent mortgage servicer to honor any previously approved foreclosure prevention alternative. The bill would authorize a borrower to seek an injunction and damages for violations of certain of the provisions described above, except as specified. The bill would authorize the greater of treble actual damages or $50,000 in statutory damages if a violation of certain provisions is found to be intentional or reckless or resulted from willful misconduct, as specified. The bill would authorize the awarding of attorneys’ fees for prevailing borrowers, as specified. Violations of these provisions by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be violations of those respective licensing laws. Because a violation of certain of those licensing laws is a crime, the bill would impose a state-mandated local program. The bill would provide that the requirements imposed on mortgage servicers, and mortgagees, trustees, beneficiaries, and authorized agents, described above are applicable only to mortgages or deeds of trust secured by residential real property not exceeding 4 dwelling units that is owner-occupied, as defined, and, until January 1, 2018, only to those entities who conduct more than 175 foreclosure sales per year or annual reporting period, except as specified. The bill would require, upon request from a borrower who requests a foreclosure prevention alternative, a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact and provide the borrower with one or more direct means of communication with the single point of contact. The bill would specify various responsibilities of the single point of contact. The bill would define single point of contact for these purposes. (3)Existing law prescribes documents that may be recorded or filed in court. This bill would require that a specified declaration, notice of default, notice of sale, deed of trust, assignment of a deed of trust, substitution of trustee, or declaration or affidavit filed in any court relative to a foreclosure proceeding or recorded by or on behalf of a mortgage servicer shall be accurate and complete and supported by competent and reliable evidence. The bill would require that before recording or filing any of those documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information. The bill would, until January 1, 2018, provide that any mortgage servicer that engages in multiple and repeated violations of these requirements shall be liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate. The bill would authorize the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate to adopt regulations applicable to persons and entities under their respective jurisdictions for purposes of the provisions described above. The bill would provide that a violation of those regulations would be enforceable only by the regulating agency. (4)   The bill would state findings and declarations of the Legislature in relation to foreclosures in the state generally, and would state the purposes of the bill. (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. Hide
An Act to Amend Sections 1257.7 and 1257.8 of the Health and Safety Code, and to Amend Section 6030 of the Penal Code, Relating to Health Facilities. AB 30 (2011-2012) HayashiSupportNo
Under existing law, the State Department of Public Health licenses and regulates hospitals, as defined. Violation of these provisions is a crime. Existing law requires hospitals, not less than… More
Under existing law, the State Department of Public Health licenses and regulates hospitals, as defined. Violation of these provisions is a crime. Existing law requires hospitals, not less than annually, to conduct a security and safety assessment and, using the assessment, develop a security plan with measures to protect personnel, patients, and visitors from aggressive or violent behavior. Existing law provides that the plan may include, but is not limited to, prescribed considerations. This bill would, instead, require the plan to include these considerations, as well as other considerations prescribed by the bill. It would also require the hospital to adopt specified security policies as part of the plan. The bill would also require the hospital to evaluate and treat an employee who is involved in a violent incident and to provide specified followup care. The bill would prohibit a hospital from prohibiting an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance from local emergency services or law enforcement when a violent incident occurs. Under existing law, an act of assault that results in injury or involves the use of a firearm or other dangerous weapon against on-duty hospital personnel is required to be reported to law enforcement within 72 hours of the occurrence of the incident. This bill would, instead, require reporting to law enforcement within 24 hours. This bill would also require a hospital to report incidents of assault or battery to the department, as specified. This bill would allow the imposition of a civil penalty in an amount not to exceed $100 per day for each day that certain incidents are not reported, as prescribed. The bill would require the department to make an onsite inspection or investigation when it receives a report from a hospital that indicates an ongoing, urgent, or emergent threat of imminent danger of death or serious bodily harm to patient, personnel, or visitors. The bill would require the department to report to the Legislature, as prescribed, beginning on January 1, 2014, and annually thereafter until January 1, 2018, certain information regarding incidents of violence at hospitals. Under existing law, all hospital employees who are regularly assigned to the emergency department are required to receive, on a continuing basis as provided by the security plan, specified training. This bill would require training to be provided annually, and would include in the required training hospital employees who provide direct care to patients.Because this bill expands the definition of a crime, it would impose a state-mandated local program. Under existing law, the Corrections Standards Authority is required to establish minimum standards for state and local correctional facilities. This bill would require the standards to include a safety and security plan to protect health care personnel who provide care to persons confined in state and local correctional facilities, as specified. 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. Hide
AB 301 (2011-2012) PanSupportYes
An Act to Amend Sections 24214 and 24214.5 Of, and to Add Sections 22119.3, 22164.5, 24202.6, 24202.7, and 24202.8 To, the Education Code, to Amend Sections 9355.4, 9355.41, 9355.45, 20281.5, 20516, 21076, and 31461 Of, to Amend and Renumber Section 1243 Of, to Add Sections 20516.5, 20677.96, 20683.2, 20791, 21076.5, 31542, 31542.5, 31543, 31631, and 31631.5 To, to Add Article 4 (Commencing with Section 7522) to Chapter 21 of Division 7 of Title 1 Of, to Add a Heading to Article 1 (Commencing with Section 7500), to Add a Heading to Article 2 (Commencing with Section 7515), and to Add a Heading to Article 3 (Commencing with Section 7520) of Chapter 21 of Division 7 of Title 1 Of, to Add and Repeal Sections 7522.66 and 21400 Of, and to Repeal the Headings of Chapter 21.4 (Commencing with Section 7515) and Chapter 21.5 (Commencing with Section 7520) of Division 7 of Title 1 Of, the Government Code, Relating to Public Employees’ Retirement, and Making an Appropriation Therefor. AB 340 (2011-2012) FurutaniSupportYes
(1)The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) and the Teachers’ Retirement Law establishes the State Teachers’ Retirement System… More
(1)The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) and the Teachers’ Retirement Law establishes the State Teachers’ Retirement System (STRS) for the purpose of providing pension benefits to specified public employees. Existing law also establishes the Judges’ Retirement System II which provides pension benefits to elected judges and the Legislators’ Retirement System which provides pension benefits to elective officers of the state other than judges and to legislative statutory officers. The County Employees Retirement Law of 1937 authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees. This bill would require a public retirement system, as defined, to modify its plan or plans to comply with this act. The bill would establish new retirement formulas that could not be exceeded by a public employer offering a defined benefit pension plan, setting the maximum benefit allowable for employees first hired on or after January 1, 2013, as a formula commonly known as 2.5% at age 67 for nonsafety members, one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57, and 1.25% at age 67 for new state miscellaneous or industrial members who elect to be in Tier 2. The amount of pensionable compensation upon which a defined benefit for new members, as defined, could be based would be limited to an amount determined under a specified provision of federal law for an employee whose service is included in the federal system, which is $110,100 for 2012, and 120% of that amount for an employee whose service is not included in the federal system. Those amounts would be adjusted annually, as specified. The bill would authorize an employer to contribute to a defined contribution plan, as specified. The bill would prohibit a public employer from making contributions on behalf of a person who first becomes a member on or after January 1, 2013, to any qualified retirement plan based on any portion of compensation that exceeds an amount specified in federal law, which is $250,000 for 2012. The bill would also prohibit, for the purposes of determining a retirement benefit paid to a new member of a public retirement system, the maximum salary, compensation, or payrate taken into account under the retirement plan for any year from exceeding the amount specified in that federal provision, and would prohibit a public employer from seeking an exception to that prohibition. The bill would prohibit a public employer from offering a plan of replacement benefits for a person who is first hired on or after January 1, 2013, and any survivors or beneficiaries whose retirement benefits are limited by a specified provision of federal law. The bill would prohibit a public employer from providing a retirement health benefit vesting schedule or other specified retirement benefits to a manager or an employee or officer who is excluded from collective bargaining that is more advantageous than that provided generally to other public employees of the same employer who are in related membership classifications. Under existing law, state miscellaneous and industrial employees first hired on or after August 11, 2004, who qualify for membership in PERS do not make contributions to the system or receive service credit for their service and the state employer does not make contributions on their behalf during their first 24 months of employment. These members are instead required to contribute into a tax-deferred savings account, commonly known as the alternate retirement program. This bill would end that program and instead provide that new members immediately make their contributions to the system. (2)Existing law defines final compensation for various employment classifications in connection with the benefits provided by the retirement systems. This bill, for the purposes of determining a retirement benefit paid to a person who first becomes a member of a public retirement system on or after January 1, 2013, would require that final compensation mean the member’s highest average annual pensionable compensation earned, as defined, during a period of at least 36 consecutive months, or at least 3 school years, as specified. (3)Existing state and local public employee retirement systems are funded by investment returns and employer and employee contributions. The California Constitution provides that the retirement board of a public pension or retirement system has the exclusive power to provide for actuarial services in order to ensure the competency of the assets of the system. Existing law, with respect to PERS, requires the Governor to include in the annual Budget Act the contribution rates submitted by the system actuary of the liability on account of employees of the state. This bill would require public employees who are first employed on and after January 1, 2013, and who contribute to a defined benefit plan to contribute at least 12 of the annual actuarially determined normal costs, and would prohibit a public employer from contributing in any fiscal year, in combination with employee contributions, less than the plan normal cost, except as specified. The bill would authorize employee contributions to be more than 12 of the normal costs if agreed to through collective bargaining, but would prohibit the employer from using impasse procedures to increase an employee rate. The bill would also state that equal sharing of the normal cost between the employer and employees shall be the standard and would prescribe specified increases in employee contribution rates for existing employees. By increasing the contribution to continuously appropriated funds, this bill would make an appropriation. (4)The Teachers’ Retirement Law establishes the Defined Benefit Program of STRS, which provides a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. The Teachers’ Retirement Law also establishes the Defined Benefit Supplement Program, which provides supplemental retirement, disability, and other benefits, payable either in a lump-sum payment or an annuity, or both, to members of the State Teachers’ Retirement Plan. The Teachers’ Retirement Law defines creditable compensation for these purposes as remuneration that is payable in cash to all persons in the same class of employees, as specified, for performing creditable service. This bill would revise the definition of creditable compensation for these purposes and would identify certain payments, reimbursements, and compensation that are creditable compensation to be applied to the Defined Benefit Supplement Program. The bill would prohibit an employer from offering a supplemental defined benefit plan unless it offered one before January 1, 2013. The bill would establish a retirement formula of 2.4% at age 65 and set a minimum retirement age of 55 for a member of STRS who is hired on or after January 1, 2013. The bill would state the intent of the Legislature that STRS propose statutory changes to fully effectuate those changes by June 30, 2013. (5)Existing law permits members of PERS, STRS, and county, city, and district retirement systems that have adopted specified provisions, to purchase up to 5 years of nonqualified service credit by making specified contributions to the system. This bill, on and after January 1, 2013, would prohibit a public retirement system from allowing the purchase of nonqualified service credit, as described above, except as specified. Under existing law, retirement benefits may be increased retroactively or prospectively. This bill would provide that any enhancement to a public retirement system’s retirement formula or benefit that is adopted on or after January 1, 2013, would apply only to service performed on or after the operative date of the enhancement. The bill would also provide that, if a change to a member’s classification or employment results in an increase in the retirement formula or benefit applicable to that member, the increase would apply only to service performed on or after the operative date of the change. The bill would also, until January 1, 2018, specify the benefit amount for industrial disability retirement. (6)Existing law requires the final compensation of a local member for the purpose of determining any pension or benefit resulting from state service as an elective or appointed officer on a city council or a county board of supervisors accrued while in membership, to be based on the highest average annual compensation earnable by the member during the period of state service in each elective or appointed office. This bill, for the purpose of determining any pension or benefit resulting from the local service, would require final compensation to be based on the highest average annual pensionable compensation earned. (7)Existing law provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits accrued on and after January 1, 2006, under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified. This bill would instead require that a public employee, including one who is elected or appointed to a public office, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, forfeit retirement benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. The bill would also require any contributions to the public retirement system made by the public employee on or after the earliest date of commission of the felony to be returned, without interest, to the public employee upon the occurrence of a distribution event, as defined, unless otherwise ordered by a court or determined by the pension administrator. The bill would also make related, conforming changes. (8)PERL establishes the circumstances in which a retired person may serve without reinstatement from retirement or loss or interruption of benefits, including as a member of a board, commission, or advisory committee, upon appointment by certain state officials, by the director of a state department, or by the governing board of a contracting agency. Existing law generally prohibits any person who has been retired from being employed in any capacity with the same public employer unless he or she is first reinstated from retirement, except as authorized. This bill would authorize a retired person, who is first appointed on or after January 1, 2013, to a part-time or nonsalaried position on a state board or commission, to serve without reinstatement, as specified. The bill would prohibit a retired person who retires from a public employer from serving, being employed by, or being employed through a contract directly by a public employer in the same retirement system from which the retiree receives a pension benefit without reinstatement, except as specified. (9)The Teachers’ Retirement Law limits the amount of compensation for certain creditable service activities by a retired member to be $22,000 adjusted by the percentage change in the average compensation earnable by active members of the Defined Benefit Program, from the 1998–99 fiscal year to the fiscal year ending in the previous calendar year. The bill would change that limit in the Teachers’ Retirement Law to be 12 of the median final compensation of all members who retired for service during the fiscal year ending in the previous calendar year and would define those activities as retired member activities. (10)The Legislators’ Retirement Law (LRL) provides pension benefits based in part upon credited service. The LRL also authorizes the Insurance Commissioner and every legislative statutory officer and every elective officer of the state whose office is provided for by the California Constitution, except judges, to become a member of the Legislators’ Retirement System (LRS). PERL authorizes legislative statutory officers and elective officers, as defined, to elect to become members of PERS. This bill would prohibit anyone who first becomes, on or after January 1, 2013, the Insurance Commissioner, a legislative statutory officer, or an elective officer of the state whose office is provided for by the California Constitution from becoming a member of the LRS but would continue to provide optional membership in PERS. (11)Existing law authorizes any public agency to participate in, and make its employees members of, PERS by contract. In the case of an employee who has been employed by one or more contracting public agencies, retirement benefits distributed to that employee are based on the highest final compensation under any system, and each system makes a separate retirement payment to the employee based upon the number of years that the employee worked for each of those agencies. The bill would require the Board of Administration of PERS to implement program changes to ensure that a contracting agency that creates a significant increase in actuarial liability bears the associated liability. The bill would require the system actuary to assess an increase in liability in this regard to the employer that created it at the time the increase is determined and to make adjustments to that employer’s rates to account for the increased liability. The bill would apply these requirements to any significant increase in actuarial liability due to increased compensation paid to a nonrepresented employee regardless of when the increase in compensation occurred. (12)The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts, as defined, to provide a system of retirement benefits to their employees. CERL defines compensation earnable for the purpose of calculating benefits as the average compensation for the period under consideration with respect to the average number of days ordinarily worked by persons in the same grade or class of positions during the period, and at the same rate of pay, as determined by the retirement board. This bill would prohibit a variety of payments, including unscheduled overtime, payments for unused vacation, sick leave, or compensatory time off, exceeding what may be earned and payable in each 12-month period during the final average salary period, and specified payments made at the termination of employment from being included in compensation earnable. The bill would require the board to establish a procedure for assessing and determining whether an element of compensation was paid to enhance a member’s retirement benefit and would prohibit that compensation from being included in compensation earnable. The bill would require the board to provide notice to the member and employer upon a final determination that compensation was paid to enhance a member’s retirement benefit. The bill would authorize the member or employer to obtain judicial review of the board’s action by filing a petition for writ of mandate, as specified. The bill would authorize the board to assess a county or district a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that a county or district knowingly failed to comply with specified reporting requirements. Hide
An Act to Add Section 43018.3 to the Health and Safety Code, Relating to Vehicular Air Pollution, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 344 (2011-2012) MendozaSupportNo
Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air… More
Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants, including standards for off-road and nonvehicle engine categories.This bill would require the state board, for purposes of specified provisions relating to mobile source emissions reductions, as applied to the reduction of emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants from certain in-use, diesel-fueled vehicles, to define “low-use vehicle” for purposes of tax-exempt nonprofit organizations as a vehicle that will be operated fewer than 5,000 miles in the state in any compliance year, as specified.This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 8203 and 8600 of the Elections Code, Relating to Elections. AB 362 (2011-2012) LowenthalSupportYes
(1)Existing law prohibits an elections official, in any county in which only the incumbent has filed nomination papers for the office of superior court judge, to place the incumbent’s name on the… More
(1)Existing law prohibits an elections official, in any county in which only the incumbent has filed nomination papers for the office of superior court judge, to place the incumbent’s name on the ballot unless, within 10 days after the final date for filing nomination papers for the office, a petition indicating that a write-in campaign will be conducted for the office and signed by 100 registered voters qualified to vote with respect to the office is filed with the elections official. This bill would revise the signature requirement for that petition to 0.1% of the registered voters qualified to vote with respect to the office, provided that the petition contains at least 100 signatures but need not contain more than 600 signatures. (2)Existing law requires every person who desires to be a write-in candidate and have his or her name as written on the ballot of an election counted for a particular office to file a statement of write-in candidacy that contains specified information. This bill would require that a statement of write-in candidacy for any of several specified local offices also include a statement that the candidate meets statutory and constitutional requirements for that office as described in a specified statute. Hide
An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation. AB 375 (2011-2012) SkinnerSupportNo
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in… More
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases. This bill would provide, with respect to hospital employees who provide direct patient care in an acute care hospital, as defined, that the term “injury” includes a bloodborne infectious disease, as defined, or methicillin-resistant Staphylococcus aureus (MRSA) that develops or manifests itself during the period of the person’s employment with the hospital. This bill would further create a disputable presumption that the above injury arises out of and in the course of the person’s employment if it develops or manifests as specified. Hide
An Act to Amend Section 32228 of the Education Code, Relating to School Safety. AB 401 (2011-2012) AmmianoSupportYes
Existing law states the intent of the Legislature that public schools have access to supplemental resources to combat bias on the basis of race, color, religion, ancestry, national origin,… More
Existing law states the intent of the Legislature that public schools have access to supplemental resources to combat bias on the basis of race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, as defined, and to prevent and respond to acts of hate violence and bias-related incidents. A provision of existing law prohibits the term sexual orientation from including pedophilia. This bill would delete the provision related to pedophilia. This bill would incorporate additional changes in Section 32228 of the Education Code, proposed by AB 1999, to be operative only if AB 1999 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. Hide
AB 41 (2011-2012) HillSupportYes
AB 42 (2011-2012) HuffmanOpposeYes
AB 420 (2011-2012) DavisSupportYes
An Act to Amend Sections 71300, 71301, 71302, 71303, and 71304 Of, and to Amend and Repeal Section 71305 Of, the Public Resources Code, Relating to Environmental Education. AB 440 (2011-2012) BrownleySupportNo
Existing law establishes the Office of Education and the Environment in the Department of Resources Recycling and Recovery (CalRecycle) to implement the statewide environmental educational program… More
Existing law establishes the Office of Education and the Environment in the Department of Resources Recycling and Recovery (CalRecycle) to implement the statewide environmental educational program and requires the office, in cooperation with the State Department of Education and the State Board of Education, to develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. Existing law requires the office to develop a model environmental curriculum incorporating certain environmental principles and to submit the model curriculum for consideration and approval, as prescribed. This bill would expressly authorize the office to revise the model curriculum, as needed, and would provide for the review of and comment on a revision. Existing law requires the State Department of Education to make the curriculum available electronically and requires the California Environmental Protection Agency to assume the costs associated with the printing of the approved model curriculum. This bill would instead require CalRecycle to make the curriculum available electronically and would delete the requirement with regard to the assumption of those costs. The bill would require CalRecycle to coordinate with specified state agencies to facilitate use of the model environmental curriculum and would authorize CalRecycle and those state agencies to collaborate with other specified entities to implement the program. Existing law establishes the Environmental Education Account in the State Treasury and authorizes the California Environmental Protection Agency to expend the moneys in the account, upon appropriation by the Legislature, for purposes of the program. Existing law authorizes the California Environmental Protection Agency to enter into an agreement with an external fiscal agent with regard to contributions received for the purpose of the program, until January 1, 2013, and requires an annual report to the Legislature in this regard. This bill would instead authorize CalRecycle to expend the funds in the account and would repeal the authorization for the agreement with an external fiscal agent. Hide
An Act to Add Section 3507.7 to the Government Code, Relating to Public Employment. AB 455 (2011-2012) CamposSupportNo
The Meyers-Milias-Brown Act contains various provisions that provide methods for local public employers and their employees to resolve disputes regarding wages, hours, and other terms and conditions… More
The Meyers-Milias-Brown Act contains various provisions that provide methods for local public employers and their employees to resolve disputes regarding wages, hours, and other terms and conditions of employment. This bill would additionally provide that when a local public agency has established a personnel commission or merit commission to administer personnel rules or a merit system, the governing board of the public agency would appoint 12 of the members of the commission, and 12 of the members of the commission, nominated by the recognized employee organization, would be appointed by the governing board of the public agency. Whenever multiple bargaining units are represented by different recognized employee organizations, the employee organization representing the largest number of employees would designate commission members pursuant to that provision. Hide
An Act to Amend Sections 215, 225.5, and 226 Of, and to Add Section 213.5 To, the Labor Code, Relating to Payroll Cards. AB 51 (2011-2012) YamadaSupportNo
(1)Existing law prohibits an employer from issuing in payment of wages due certain instruments, including an order, check, draft, note, memorandum, scrip, coupon, card, or other acknowledgment of… More
(1)Existing law prohibits an employer from issuing in payment of wages due certain instruments, including an order, check, draft, note, memorandum, scrip, coupon, card, or other acknowledgment of indebtedness or redeemable instrument, unless specified requirements are satisfied. This bill would authorize an employer to pay an employee’s wages by means of a payroll card, as defined, provided that specified requirements are satisfied. In addition, the bill would make a violation of its provisions a misdemeanor and would subject a violator to specified civil penalties. By creating new crimes, this bill would impose a state-mandated local program. (2)Existing law requires an employer to provide employees, at the time wages are paid, with an itemized statement containing specified items regarding the wages earned. This bill would extend the requirement for an itemized statement of wages to an employer who pays his or her employees via payroll cards. 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. Hide
An Act to Amend Section 1386 Of, and to Add Article 6.1 (Commencing with Section 1385.001) to Chapter 2.2 of Division 2 Of, the Health and Safety Code, and to Add Article 4.4 (Commencing with Section 10180.1) to Chapter 1 of Part 2 of Division 2 of the Insurance Code, Relating to Health Care Coverage. AB 52 (2011-2012) FeuerSupportNo
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… More
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. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a health care service plan or health insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. Existing law requires a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance specified rate information at least 60 days prior to the effective date of any rate change. This bill would further require a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance, on and after January 1, 2012, a complete rate application for any proposed rate, as defined, or rate change, and would prohibit the Department of Managed Health Care or the Department of Insurance from approving any rate or rate change that is found to be excessive, inadequate, or unfairly discriminatory. The bill would require the rate application to include certain rate information. The bill would authorize the Department of Managed Health Care or the Department of Insurance to approve, deny, or modify any proposed rate or rate change, and would authorize the Department of Managed Health Care and the Department of Insurance to review any rate or rate change that went into effect between January 1, 2011, and January 1, 2012, and to order refunds, subject to these provisions. The bill would authorize the imposition of fees on health care service plans and health insurers for purposes of implementation, for deposit into newly created funds, subject to appropriation. The bill would impose civil penalties on a health care service plan or health insurer, and subject a health care service plan to discipline, for a violation of these provisions, as specified. The bill would establish proceedings for the review of any action taken under those provisions related to rate applications and would require the Department of Managed Health Care and the Department of Insurance, and plans and insurers, to disclose specified information on the Internet pertaining to rate applications and those proceedings. The bill would require the Department of Managed Health Care or the Department of Insurance, or the court, to award reasonable advocate’s fees, including expert witness fees, and other reasonable costs in those proceedings under specified circumstances, to be paid by the plan or insurer. Because a willful violation of these provisions by a health care service plan 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. Hide
An Act to Amend Section 1091 Of, and to Add Section 1090.5 To, the Government Code, Relating to Public Officials. AB 527 (2011-2012) HernandezSupportNo
Existing law prohibits Members of the Legislature, and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in… More
Existing law prohibits Members of the Legislature, and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law defines what is a remote interest in a contract that does not present a prohibited conflict of interest under these provisions. Existing law authorizes a body or board to make a contract that involves a remote interest of a member of the body if, among other things, the remote interest is disclosed to the body or board and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. Violation of these provisions is a crime. This bill would additionally require that the remote interest be disclosed at a public meeting of that body or board and would require a statutory basis for classifying the interest as a remote interest to be identified. By increasing the scope of actions that constitute a crime, this bill would impose a state-mandated local program.This bill would provide that members of the Legislature, state, county, and city officers or employees shall be deemed to be financially interested in a contract if that member, officer, or employee has an independent contracting relationship with an individual or nongovernmental entity that enters, or seeks to enter, into a contract with that body that the member, officer, or employee is a member, officer, or employee of. This bill would not limit the liability of any person under specified provisions. By increasing the scope of actions 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. Hide
An Act to Add and Repeal Article 10.2 (Commencing with Section 927) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, Relating to Insurers. AB 53 (2011-2012) SolorioSupportYes
Existing law requires each admitted insurer to provide information to the Insurance Commissioner on all of its community development investments and community development infrastructure investments… More
Existing law requires each admitted insurer to provide information to the Insurance Commissioner on all of its community development investments and community development infrastructure investments in California. This bill would require that each admitted insurer with premiums written equal to or in excess of $100,000,000 submit to the commissioner, by July 1, 2013, a report on its minority, women, and disabled veteran-owned business procurement efforts, as specified. The bill would provide that the failure to file the report by July 1, 2013, subjects the admitted insurer to civil penalties to be fixed and enforced by the commissioner, as provided. The bill would require, among other things, that commencing July 1, 2015, each eligible admitted insurer biennially update its supplier diversity report and submit a new report, containing additional elements, to the commissioner no later than July 1. The bill would require that, by July 31, 2013, the commissioner establish and maintain a link on the department’s Internet Web site that provides public access to the contents of each admitted insurer’s report on minority, women, and disabled veteran-owned business procurement efforts. The bill would provide that these provisions shall remain in effect only until January 1, 2019. Hide
AB 59 (2011-2012) SwansonSupportNo
AB 593 (2011-2012) MaSupportYes
An Act to Add Section 8359.2 to the Education Code, Relating to Child Care. AB 596 (2011-2012) CarterSupportNo
Existing law states the intent of the Legislature to ensure that recipients of specified aid under the CalWORKs program, and former recipients who have left aid for employment, are connected as soon… More
Existing law states the intent of the Legislature to ensure that recipients of specified aid under the CalWORKs program, and former recipients who have left aid for employment, are connected as soon as possible to local child care resources, make stable child care arrangements, and continue to receive subsidized child care services after they no longer receive aid as long as they require those services and meet the eligibility requirements, as specified. The bill would require the State Department of Education to collaborate with welfare rights and legal services advocates to develop and adopt regulations and other policy statements to provide CalWORKs recipients of child care the same level of due process and procedural protections as are afforded to public assistance recipients, as specified. Hide
An Act to Add and Repeal Article 10 (Commencing with Section 99440) of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code, Relating to Transportation, and Making an Appropriation Therefor. AB 650 (2011-2012) BlumenfieldSupportNo
Existing law establishes various boards and commissions within state government. Existing law establishes various transit districts and other local entities for development of public transit on a… More
Existing law establishes various boards and commissions within state government. Existing law establishes various transit districts and other local entities for development of public transit on a regional basis and makes various state revenues available to those entities for those purposes. Existing law declares that the fostering, continuance, and development of public transportation systems are a matter of statewide concern. The Public Transportation Account is designated as a trust fund and funds in the account shall be available only for specified transportation planning and mass transportation purposes. This bill would establish, until March 30, 2013, the Blue Ribbon Task Force on Public Transportation for the 21st Century. The bill would require the task force to be comprised of 12 members and would require the Senate Committee on Rules and the Speaker of the Assembly to each appoint 6 specified members, by January 31, 2012. The bill would require the task force to elect one of its nonlegislative members as chair. The bill would require the task force to issue a written report that contains specified findings and recommendations relating to, among other things, the current state of California’s transit system, the estimated cost of creating the needed system over various terms, and potential sources of funding to sustain the transit system’s needs, and to submit the report by September 30, 2012, to the Governor, the Legislature, the Joint Legislative Budget Committee, the Senate Committee on Rules, the Speaker of the Assembly, and the transportation committees of the Legislature. The bill would require the task force, for purposes of collecting information for the written report, to consult with appropriate state agencies and departments and would require the task force to contract with consultants for preparation of the report. The bill would require the Department of Transportation to provide administrative staffing to the task force. The bill would appropriate $750,000 from the Public Transportation Account to the department, as specified, to accomplish the purposes of these provisions. Hide
An Act to Add Section 89030.7 to the Education Code, Relating to the California State University. AB 670 (2011-2012) BlockSupportYes
Existing law establishes the California State University as one of the segments of public postsecondary education in the state. The university includes 25 specified campuses and is administered by a… More
Existing law establishes the California State University as one of the segments of public postsecondary education in the state. The university includes 25 specified campuses and is administered by a board, known as the Trustees of the California State University. This bill would require the trustees to ensure that campuses meet specific requirements with respect to appeal procedures for a denial of admission. Hide
An Act to Add Article 9 (Commencing with Section 10509.910) to Chapter 5 of Part 2 of Division 2 of the Insurance Code, Relating to Annuity Transactions. AB 689 (2011-2012) BlumenfieldSupportYes
Existing law requires agents and insurers to fulfill certain requirements with regard to the replacement of existing life insurance policies and annuities. This bill would require insurers and… More
Existing law requires agents and insurers to fulfill certain requirements with regard to the replacement of existing life insurance policies and annuities. This bill would require insurers and insurance producers, as defined, to comply with specified requirements regarding the purchase, exchange, or replacement of an annuity recommended to a consumer, including, but not limited to, having reasonable grounds for the insurance producer believing the annuity transaction would be suitable for the consumer, as provided. The bill would also prohibit an insurance producer from selling annuities unless he or she has received Insurance Commissioner-approved training, and would authorize the commissioner to require certain actions by, and impose sanctions and penalties on, insurers and their agents for a violation of the bill’s provisions. The bill would further provide that sales by a Financial Industry Regulatory Authority (FINRA) broker-dealer that comply with the suitability and supervision requirements of FINRA shall be deemed to satisfy the suitability and supervision requirements of this bill, as specified. Hide
AB 71 (2011-2012) HuberOpposeNo
AB 738 (2011-2012) HagmanOpposeNo
An Act to Add Section 19135 to the Government Code, Relating to Personal Services Contracts. AB 740 (2011-2012) BlumenfieldSupportYes
Existing law authorizes state agencies to use personal services contracts if specified standards are satisfied, including, among other things, the contract does not cause the displacement of civil… More
Existing law authorizes state agencies to use personal services contracts if specified standards are satisfied, including, among other things, the contract does not cause the displacement of civil service employees and the contract is awarded through a publicized, competitive bidding process. The State Personnel Board is required to review a proposed contract upon the request of an employee organization for compliance with those standards. This bill would require a state agency to immediately discontinue a contract disapproved by action of the board or its delegate unless ordered otherwise by the board or its delegate. The bill would prohibit the state agency from circumventing or disregarding the board’s action by entering into another contract for the same or similar services or to continue the services that were the subject of the contract that was disapproved. The bill would require the state agency to serve notice of the discontinuation of the contract to the vendor within 15 days from the board’s final action, and to serve a copy of the notice on the board and the employee organization that filed the contract challenge. The bill would provide that failure to serve this notice may be grounds for rejection of future contracts for the same or similar services. The bill would make a related statement of legislative findings. Hide
An Act to Add and Repeal Chapter 2 (Commencing with Section 96050) of Title 15 of the Government Code, Relating to Children’s Services. AB 823 (2011-2012) DickinsonSupportNo
Existing law, the California Early Intervention Services Act, requires the Secretary of California Health and Human Services and the Superintendent of Public Instruction to provide a statewide system… More
Existing law, the California Early Intervention Services Act, requires the Secretary of California Health and Human Services and the Superintendent of Public Instruction to provide a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, interagency programs responsible for providing appropriate early intervention services and support to all eligible infants and toddlers and their families. This bill, to the extent that sufficient federal or private funds are deposited with the state and appropriated by the Legislature, would establish the California Children’s Coordinating Council to serve, until January 1, 2019, as an advisory body responsible for improving the collaboration among agencies that provide services to the children and youth of the state. This bill would provide that the council shall be comprised of, among others, the Superintendent of Public Instruction, the Secretary of California Health and Human Services, the Chief Justice of California, or his or designee, and the heads of various specified state agencies. The bill would require the council to provide recommendations to the Governor and the Legislature every odd-numbered year. Hide
An Act to Amend Section 47605 of the Education Code, Relating to Charter Schools. AB 86 (2011-2012) MendozaSupportNo
(1)The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act allows a charter petition… More
(1)The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act allows a charter petition to be submitted to the governing board of a school district for review after the petition has been signed by a number of parents or guardians of pupils that is equivalent to at least 12 of the number of pupils that the petitioner estimates will enroll in the charter school for its first year of operation or has been signed by a number of teachers that is equivalent to at least 12 of the number of teachers that the petitioner estimates will be employed at the charter school during its first year of operation. This bill, with respect to charter petitions signed by teachers, would require instead that the petition be signed by a number of nonsupervisorial certificated staff and classified employees that combined is equivalent to at least 12 of the total number of nonsupervisorial certificated staff and classified employees that the charter school estimates will be employed at the school during its first year of operation. (2)The act allows a petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan, as specified, to be circulated by one or more persons seeking to establish the charter school. The act allows such a petition to be submitted to the governing board of a school district for review after the petition has been signed by not less than 50% of the permanent status teachers currently employed at the public school to be converted. This bill, instead, would require the petition to be signed by a number of permanent status nonsupervisorial certificated staff and permanent classified employees that combined is equivalent to at least 12 of the total number of permanent status nonsupervisorial certificated staff and permanent classified employees currently employed at the public school to be converted to a charter school. (3)The bill also would make conforming changes. (4)This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1034 that would become operative if this bill and AB 1034 are enacted, and this bill is enacted last. Hide
AB 889 (2011-2012) AmmianoSupportNo
AB 922 (2011-2012) MonningSupportYes
AB 935 (2011-2012) BlumenfieldSupportNo
AB 999 (2011-2012) YamadaSupportYes
ABX1 26 (2011-2012) BlumenfieldOpposeYes
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 8 Of, and by Adding Section 8.5 To, Article II Thereof, Relating to Initiatives. ACA 12 (2011-2012) GattoSupportNo
Existing provisions of the California Constitution provide that the initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject those… More
Existing provisions of the California Constitution provide that the initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject those proposals. Those provisions require the Secretary of State to submit a certified initiative measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election. The Governor may also call a special statewide election on the measure. This measure would increase that minimum time period for the submission of a certified initiative measure to at least 176 days after it qualifies and would require the Secretary of State to transmit a copy of a certified initiative measure to each house of the Legislature no later than 176 days prior to the election at which the measure is to be voted upon. Within 30 days, the Legislature may propose an amended form of the initiative measure by adopting a concurrent resolution. If the Legislature proposes an amended form of the initiative measure, the measure would provide that if the proponent, or a majority of the proponents if there is more than one proponent, of the initiative measure accepts the proposed amendments, the Legislature’s proposal would be placed on the ballot in place of the certified initiative measure. The measure would provide, if the amended form proposed by the Legislature is not accepted, that this substitution not be made and would require that the certified initiative measure be placed on the ballot. The measure would make conforming election changes. Hide
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 4 Of, and by Adding Section 4.5 To, Article XIIIA Thereof, by Amending Section 2 of Article XIIIC Thereof, and by Amending Section 3 of Article XIIID Thereof, Relating to Taxation. ACA 21 (2011-2012) FeuerSupportNo
The California Constitution generally conditions the imposition of a special tax by a city, county, or special district, including a school district, upon the approval of 23 of the voters of the… More
The California Constitution generally conditions the imposition of a special tax by a city, county, or special district, including a school district, upon the approval of 23 of the voters of the city, county, or special district voting on that tax. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions. Hide
SB 1002 (2011-2012) YeeSplitNo
SB 1003 (2011-2012) YeeSupportYes
An Act to Amend Section 11123 of the Government Code, Relating to State Government. SB 103 (2011-2012) LiuSupportNo
Existing law authorizes a state body to conduct teleconference meetings. This bill would authorize a state body, to the extent practicable, to conduct teleconference meetings. This bill would… More
Existing law authorizes a state body to conduct teleconference meetings. This bill would authorize a state body, to the extent practicable, to conduct teleconference meetings. This bill would require, upon the request of a member of a state body, a state body to hold an open or closed meeting by teleconference, unless the chair of that state body determines that it would be more costly to hold the meeting by teleconference than it would be to hold it in person. This bill would prohibit a member of a state body from requesting a meeting by teleconference solely because it would be more convenient than holding a meeting in person. This bill would require a state body that operates an Internet Web site to provide a supplemental live audio or video broadcast on the Internet Web site of its board meetings that are open to the public, and would specify that a technical failure to provide a live broadcast would not prohibit the body from meeting and taking actions. Hide
SB 104 (2011-2012) SteinbergSupportNo
SB 105 (2011-2012) YeeSupportNo
An Act to Add Section 66408 to the Education Code, Relating to Public Postsecondary Education. SB 1053 (2011-2012) SteinbergSupportYes
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the… More
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Digital Open Source Library, under the administration of the California State University, in coordination with the California Community Colleges, for the purpose of housing open source materials while providing an Internet Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The bill would provide that the California State University would also act in coordination with the University of California in administering the California Digital Open Source Library if the regents act, by appropriate resolution, to authorize the university to participate in the administration of the library. The bill would require that the materials in the library bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts. The bill would provide that the provisions added to the Donahoe Higher Education Act by the bill would become operative only if funding for the purposes of this bill is provided in an appropriation in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds. The bill would become operative only if SB 1052 becomes operative on or before January 1, 2013, and establishes the California Open Education Resources Council. Hide
SB 1055 (2011-2012) LieuSupportYes
SB 1070 (2011-2012) SteinbergSupportYes
SB 115 (2011-2012) StricklandOpposeNo
An Act to Add Part 1.86 (Commencing with Section 34191.10) to Division 24 of the Health and Safety Code, and to Amend Section 21094.5 of the Public Resources Code, Relating to Economic Development, and Making an Appropriation Therefor. SB 1156 (2011-2012) SteinbergSupportNo
The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and… More
The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies. Existing law provides for various economic development programs that foster community sustainability and community and economic development initiatives throughout the state. This bill would authorize certain public entities of a Sustainable Communities Investment Area, as described, to form a Sustainable Communities Investment Authority (authority) to carry out the Community Redevelopment Law in a specified manner. The bill would require the authority to adopt a Sustainable Communities Investment Plan for a Sustainable Communities Investment Area and authorize the authority to include in that plan a provision for the receipt of tax increment funds provided that certain economic development and planning requirements are met. The bill would authorize the legislative body of a city or county forming an authority to dedicate any portion of its net available revenue, as defined, to the authority through its Sustainable Communities Investment Plan. The bill would require the authority to contract for an independent financial and performance audit every 5 years. The bill would establish prequalification requirements for entities that will receive more than $1,000,000 from the Sustainable Communities Investment Authority and would require the Department of Industrial Relations to monitor and enforce compliance with prevailing wage requirements for specified projects within a Sustainable Communities Investment Area. The bill would deposit moneys received by the department from developer charges related to the costs of monitoring and enforcement in the State Public Works Enforcement Fund. By depositing a new source of revenue in the State Public Works Enforcement Fund, a continuously appropriated special fund, the bill would make an appropriation. Hide
An Act to Amend Sections 17062, 23101, 23151, 23153, and 25128 Of, to Amend and Repeal Section 25128.5 Of, to Amend, Repeal, and Add Sections 17073.5 and 25136 Of, and to Add Sections 6377, 17137, 25128.7, and 25136.1 To, the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. SB 116 (2011-2012) De LeonSupportNo
(1)The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other… More
(1)The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. On and after March 1, 2012, this bill would provide partial exemptions equal to specified percentages of state sales and use taxes imposed at a combined rate of 5% for the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as defined, purchased for use by a qualified person, as defined, primarily in any stage of manufacturing, processing, refining, fabricating, or recycling of tangible personal property; in research and development; to maintain, repair, measure, or test specified tangible personal property; and by a contractor for use in a construction contract with a qualified person, as specified. The bill would require the Franchise Tax Board and the State Board of Equalization to provide specified information to the Director of Finance and would require the director to make certain determinations regarding whether this act has caused or will cause a net increase or decrease in the amount of revenues and to correspondingly increase or decrease the exemption to certain taxpayers that received only a limited exemption, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. This bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes. (2)The Personal Income Tax Law imposes taxes based upon taxable income. That law also allows specified credits, exemptions, and exclusions, and imposes an alternative minimum tax with respect to certain items of tax preferences. This bill would, for taxable years beginning on or after January 1, 2012, exclude from taxable income under this law an amount equal to 10% of the business income of a taxpayer, not to exceed $5,000, as specified, but would require the amount excluded to be included as an item of tax preferences for purposes of the alternative minimum tax. (3)The Personal Income Tax Law allows a standard deduction, as defined, in computing the income subject to tax. This bill would, for taxable years beginning on or after January 1, 2012, increase the standard deduction by 27%, as specified. (4)The Corporation Tax Law imposes taxes measured by income at a rate of 8.84%, as specified. The Corporation Tax Law imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and a tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, for taxable years beginning on and after January 1, 2012, reduce that rate to 8.34% on the amount of net income that is less than or equal to $50,000 for the taxable year, except as specified. The bill would reduce the annual minimum franchise tax to $750 for taxable years beginning on or after January 1, 2012. (5)The Corporation Tax Law imposes taxes measured by income and, in the case of a business with income derived from or attributable to sources both within and without this state, apportions the income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to have that income apportioned in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. That law also provides that sales of tangible and intangible personal property are in this state in accordance with specified criteria. This bill would, for taxable years beginning on or after January 1, 2012, revise the rules which determine whether a taxpayer is doing business within this state, revise the provisions which determine whether specific sales occur in this state, and require a taxpayer, except as provided, to apportion its income in accordance with a single sales factor. (6)This bill would include a change in state statute that would result in a taxpayer paying a higher tax the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (7)The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (8)This bill would take effect immediately as a tax levy. Hide
SB 1195 (2011-2012) PriceOpposeYes
An Act to Add and Repeal Chapter 7.5 (Commencing with Section 66015) of Division 1 of Title 7 of the Government Code, Relating to Solar Energy. SB 1222 (2011-2012) LenoSupportYes
Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law provides that the… More
Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law provides that the implementation of consistent statewide standards to achieve timely and cost-effective installation of solar energy systems is not a municipal affair, but is instead a matter of statewide concern. Existing law requires a city or county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Existing law requires fees charged by a local agency for specified purposes, including permits, to not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of this cost is submitted to, and approved by, 23 of the electors. This bill would require permit fees for rooftop solar energy systems, as specified, by a city, county, city or county, or charter city to not exceed the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed $500 plus $15 per kilowatt for each kilowatt above 15kW for residential rooftop solar energy systems, and $1,000 plus $7 per kilowatt for each kilowatt between 51kW and 250kW, plus $5 for every kilowatt above 250kW, for commercial rooftop solar energy systems, unless certain conditions are met. By requiring local agencies to perform additional duties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. The provisions of the bill would remain in effect only until January 1, 2018. Hide
SB 1234 (2011-2012) De LeonSupportYes
An Act Relating to the Payment of Claims Against the State, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 124 (2011-2012) KehoeSupportYes
Existing law authorizes a procedure for the payment of claims against the state. This bill would appropriate $1,422,000 to specified entities to pay for specified settlements of claims against the… More
Existing law authorizes a procedure for the payment of claims against the state. This bill would appropriate $1,422,000 to specified entities to pay for specified settlements of claims against the state. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 17211 and 17251 Of, and to Add Section 17070.31 To, the Education Code, and to Amend Section 13102 of the Government Code, Relating to School Facilities. SB 132 (2011-2012) LowenthalSupportNo
(1)Existing law sets forth state planning priorities that are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state. Those… More
(1)Existing law sets forth state planning priorities that are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state. Those priorities are as follows: (a) to promote infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land, (b) to protect environmental and agricultural resources by protecting, preserving, and enhancing the state’s most valuable natural resources, and (c) to encourage efficient development patterns by ensuring that any infrastructure associated with development, other than infill development, supports new development that meets prescribed criteria. Under the Leroy F. Greene School Facilities Act of 1998 (hereafter the Greene Act), the State Allocation Board is charged with the allocation of state funds to school districts for the acquisition of schoolsites and the construction and modernization of schools. This bill would require the State Allocation Board, on or before July 1, 2012, to review the guidelines, rules, regulations, procedures, and policies for the modernization of school facilities adopted for implementation of the Greene Act to ensure they reflect the state planning priorities referenced above and to revise those guidelines, rules, regulations, procedures, and policies as necessary. (2)Existing law requires the State Department of Education, among other things, to advise the governing board of a school district on the acquisition of new schoolsites, to develop standards for use by a school district in the selection of schoolsites, and to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety. Existing law requires the governing board of a school district, before commencing the acquisition of real property for a new schoolsite or an addition to an existing schoolsite, to evaluate the property using the standards developed by the department. This bill would require the site selection standards and the design and construction standards developed by the department to reflect the state planning priorities and would require the governing board of a school district to consider whether a new schoolsite or addition reflects the state planning priorities. The bill would require the department to consider, among other things, the state planning priorities in prioritizing the list of recommended school locations provided by the department to the school district. (3)Existing law requires the Governor to submit annually a proposed 5-year infrastructure plan to the Legislature in conjunction with the Governor’s Budget. Existing law requires this infrastructure plan to include a proposal for funding the infrastructure that includes criteria and priorities used to identify and select the infrastructure proposed to be funded. This bill would require the infrastructure plan to include information, to be provided to the Governor by the State Department of Education and the State Allocation Board, on the extent to which the department’s site selection standards and design and construction standards and the board adopted guidelines, rules, regulations, procedures, and policies for the modernization of school facilities are consistent with the state planning priorities. Hide
SB 1349 (2011-2012) YeeSupportYes
An Act to Amend Sections 16520, 26835, and 27535 Of, and to Add Division 4.5 (Commencing with Section 25250) to Title 4 of Part 6 Of, the Penal Code, Relating to Firearms. SB 1366 (2011-2012) DeSaulnierSupportNo
(1)Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported… More
(1)Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center. This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would make it a misdemeanor for any person to make a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. By creating new crimes, this bill would impose a state-mandated local program. The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice automated property system for firearms. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified. (2)Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person’s handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase. This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill. (3)This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by AB 1527, that would become operative only if AB 1527 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. (4)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. Hide
SB 1386 (2011-2012) LowenthalSupportYes
An Act to Add Section 18927 to the Welfare and Institutions Code, Relating to Calfresh. SB 1391 (2011-2012) LiuSupportYes
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state… More
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law provides for the collection of fraudulent and nonfraudulent overissuances of SNAP benefits, and authorizes the United States Secretary of Agriculture to delegate this power to the appropriate state agencies. Under existing law, a county administering CalFresh, and operating an early fraud detection and prevention program in accordance with existing law, is required to make a referral for fraud investigation when reasonable grounds for fraud exist, including when an overpayment or overissuance of benefits, or both, may result from an applicant’s failure to report information pertinent to eligibility or benefits. This bill would establish procedures, consistent with federal law, for recovering CalFresh overissuances, including requiring benefits to be reduced when an overissuance is caused by intentional program violation or fraud, inadvertent household error, or when caused by administrative error, under certain circumstances. This bill would authorize the State Department of Social Services to establish a minimum cost-effective threshold for collecting CalFresh overissuances, as specified. The bill would prohibit collection of an overissuance from being attempted, in connection with a household that is no longer receiving CalFresh benefits, when the overissuance is caused by administrative error and is less than $125, or a threshold established by the state pursuant to a specified provision, whichever is greater. This bill would require collection of an overissuance to be attempted, in connection with a household that is no longer receiving CalFresh benefits, when the overissuance is caused by inadvertent household error and is $35 or more. The bill would extend the authority to implement, as specified, these provisions and related provisions until January 1, 2014. Because counties administer the CalFresh program, by requiring that counties perform new duties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Sections 13335.1, 13335.3, 13335.5, and 13335.7 to the Government Code, Relating to the State Budget. SB 14 (2011-2012) WolkSupportNo
(1)The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the… More
(1)The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. This bill would require that the budget submitted by the Governor to the Legislature for the 2013–14 fiscal year and each fiscal year thereafter, as specified in a plan developed by the Department of Finance and distributed to the appropriate committees of the Legislature by August 1, 2012, be developed pursuant to performance-based budgeting, as defined, for each state agency. (2)Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. The bill would require the budget of a state agency, as defined, submitted to the department as specified in the plan developed by the department, to utilize performance-based budgeting for all programs, as defined to include those performed not only by state agencies, but by local agencies, contractors, or others that have a material relationship with the state, or its authorities and activities. For those programs not administered by the state, but which confer a benefit that would not otherwise be conferred but for the action of state government, state departments would be required to develop a process for consulting with responsible local agencies, contractors or other responsible entities, and stakeholders to develop information related to performance standards and program performance. The bill would require the department to include specified performance-based budgeting information in the Governor’s Budget proposal and to post that information on the department’s Internet Web site. Implementation of the requirement to use performance-based budgeting for departments and programs would be contingent on an appropriation of funding for that requirement in the annual Budget Act. Hide
An Act to Amend Section 2932.5 Of, to Amend and Repeal Section 2924 Of, and to Add Sections 2920.5, 2923.7, 2924.17, and 2924.18 To, the Civil Code, Relating to Mortgages. SB 1471 (2011-2012) DeSaulnierSupportNo
(1)Existing law prescribes foreclosure procedures, including, among other things, procedures for recording a notice of default, recording a notice of sale, and conducting a foreclosure sale. This… More
(1)Existing law prescribes foreclosure procedures, including, among other things, procedures for recording a notice of default, recording a notice of sale, and conducting a foreclosure sale. This bill would define a mortgage servicer, and would, commencing July 1, 2013, require a mortgage servicer to establish a single point of contact when a borrower on a residential mortgage or deed of trust is 60 or more days delinquent, has had a notice of default recorded, or is seeking a loan modification or other loss mitigation, as specified. The bill would impose various obligations on the single point of contact in connection with loan modification or other loss mitigation options. (2)Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default. This bill would prohibit an entity from recording a notice of default or otherwise initiating foreclosure procedures unless the entity is the actual holder of the beneficial interest under the deed of trust, and would prohibit an entity acting as agent from doing so without specific direction from the actual owner of the beneficial interest under the deed of trust. The bill would authorize a borrower to seek an injunction of a pending trustee’s sale, if a notice of sale has been recorded and the borrower reasonably believes that the mortgagee, trustee, beneficiary, or authorized agent failed to comply with specified requirements. The bill would authorize the greater of actual damages or $10,000 in statutory damages if there is a failure to comply with specified requirements by the mortgagee, trustee, beneficiary, or authorized agent and the property is sold at a foreclosure sale. The bill would authorize the greater of treble damages or $50,000 in statutory damages if the failure to comply is found to be intentional or reckless or resulted from willful misconduct, as specified. (3)Existing law authorizes the recording by the county recorder of various documents. This bill would provide that a document that contains factual assertions that are not accurate, are incomplete, or are unsupported by competent, reliable evidence, or a document that has not been reviewed by its signer to substantiate the factual assertions contained in the document is a robosigned document. The bill would provide that any entity that records a robosigned document, or files a robosigned document in a court relative to a foreclosure proceeding is liable for a civil penalty of $10,000 for each robosigned document. The bill would authorize specified governmental entities to enforce the civil penalty, and would authorize the Department of Real Estate, the Department of Corporations, and the Department of Financial Institutions to enforce the civil penalty provisions against their respective licensees.(4)Existing law provides that where the power to sell real property is given to a mortgagee or other encumbrancer, in an instrument intended to secure the payment of money, the power is part of the security and vests with any person who by assignment becomes entitled to payment of the money.This bill would expand these provisions to include a power to sell real property given to a trustee or a beneficiary of a deed of trust in an instrument intended to secure the payment of money.(5)The bill would repeal duplicate provisions of law. Hide
An Act to Amend Sections 781 and 923 of the Penal Code, Relating to Grand Jury Proceedings. SB 1474 (2011-2012) HancockSupportYes
Existing law authorizes the Attorney General to convene the grand jury to investigate and consider certain criminal matters. The Attorney General is authorized to take full charge of the presentation… More
Existing law authorizes the Attorney General to convene the grand jury to investigate and consider certain criminal matters. The Attorney General is authorized to take full charge of the presentation of the matters to the grand jury, issue subpoenas, prepare indictments, and do all other things incident thereto to the same extent as the district attorney may do. Existing law authorizes the Attorney General to impanel a special grand jury to investigate, consider, or issue indictments for specified activities relating to Medi-Cal fraud. This bill also would authorize the Attorney General to convene a special statewide grand jury, as prescribed, for cases involving fraud or theft that occur in more than one county and were conducted by a single defendant or multiple defendants acting in concert. Hide
An Act to Amend Sections 19829.97, 19829.98, 20677.5, 20677.71, 20677.91, 20677.95, 20682, 20683.1, and 22944.3 Of, to Amend and Renumber Section 18929.96 Of, and to Repeal and Amend Sections 20677.6 and 20677.9 Of, the Government Code, Relating to State Employees, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 151 (2011-2012) CorreaSupportYes
Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that… More
Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions of memoranda of understanding entered into between the state employer and State Bargaining Units 2, 6, 7, 9, 10, and 13, and would approve addenda to memoranda of understanding entered into by the state employer and State Bargaining Units 1, 3, 4, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21, that require the expenditure of funds, and would provide that these provisions will become effective even if funds for these provisions are approved by the Legislature in legislation other than the annual Budget Act. The bill would provide that provisions of the memoranda of understanding and addenda to memoranda of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. The annual Budget Act appropriates specified amounts from the General Fund, unallocated special funds, and unallocated nongovernmental cost funds, for state employee compensation. In the event that the annual Budget Act is not enacted prior to July 1 of each year covered by the memoranda of understanding for State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, existing law provides for a continuous appropriation for the amount necessary for the payment of compensation and benefits to members of those bargaining units. This bill would expand that provision to also include members of State Bargaining Units 2, 6, 7, 9, 10, and 13. The Public Employees’ Retirement Law (PERL) prescribes contribution rates for state employees who are state miscellaneous, state industrial, state safety members, patrol members, or state peace officer/firefighter members, among others, in amounts based on percentages of monthly compensation, as specified. Member contributions are deposited into the Public Employees’ Retirement Fund, which is a continuously appropriated trust fund. This bill would increase the contribution rates by 5% for state miscellaneous, state industrial, or state safety members who are represented by State Bargaining Unit 13, by 3% for state miscellaneous, state industrial, or state safety members who are represented by State Bargaining Unit 2, 6, 7, 9, or 10, by 3% for state peace officer/firefighter members who are represented by State Bargaining Unit 6, and by 2% for state peace officer/firefighter members who are represented by State Bargaining Unit 7, beginning on the first day of the pay period following the operative date of the bill. By increasing member contributions into a continuously appropriated fund, this bill would make an appropriation. The bill would reduce the contribution rates by 1% for excluded state miscellaneous or state industrial members related to State Bargaining Unit 2. Existing law requires the state to pay sworn members of the California Highway Patrol who are rank-and-file members of State Bargaining Unit 5 the estimated average total compensation for each corresponding rank in specified local police departments. Existing law requires any increase in total compensation resulting from a survey of the average compensation for those departments to be implemented through a memorandum of understanding negotiated pursuant to the Ralph C. Dills Act. Existing law requires that any amount that would otherwise be used to permanently increase compensation for those members of State Bargaining Unit 5 pursuant to those provisions, effective on July 1, 2009, and on July 1, 2010, to permanently prefund postemployment health care benefits for patrol members, as provided. This bill would authorize the Director of the Department of Personnel Administration to apply the provision directing the use of those amounts to prefund postemployment health care benefits for patrol members to excluded patrol members and an officer or employee of the executive branch who is not a member of civil service. The bill would also delete duplicative provisions of law. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Sections 44932, 44936, 44939, 44940, and 44944 of the Education Code, Relating to School Employees. SB 1530 (2011-2012) PadillaOpposeNo
(1)Under existing law, a permanent school employee is prohibited from being dismissed, except for one or more of certain enumerated causes, including for immoral or unprofessional conduct and… More
(1)Under existing law, a permanent school employee is prohibited from being dismissed, except for one or more of certain enumerated causes, including for immoral or unprofessional conduct and unsatisfactory performance. Upon a charging that there exists cause for the dismissal or suspension of a permanent employee, existing law authorizes the governing board of a school district to give notice to the employee of its intention to dismiss or suspend the employee, as specified. Existing law prohibits the governing board of a school district from giving notice of dismissal or suspension of a permanent employee between May 15 and September 15 of any year. This bill would include serious or egregious unprofessional conduct, as specified, as a ground for dismissal of a permanent school employee, and would except from the prohibition of giving notice to the employee between May 15 and September 15 proceedings where the charges involve specified offenses. (2)Existing law authorizes the governing board of a school district to immediately suspend a permanent employee under specified conditions, including immoral conduct, and give the employee notice of the suspension, as specified. This bill would include serious or egregious unprofessional conduct, as defined, within the conditions that a governing board may immediately suspend a permanent employee. (3)Existing law provides that a certificated employee may be charged with a mandatory leave of absence offense for certain specified sex offenses or controlled substance offenses with the exception of marijuana, mescaline, peyote, or tetrahydrocannabinols. Existing law also provides that a certificated employee may be charged with an optional leave of absence offense for certain offenses, including controlled substance offenses, as specified, with the exception of marijuana, mescaline, peyote, or tetrahydrocannabinols. Existing law requires the governing board of a school district to immediately place a certificated employee on compulsory leave of absence if the employee is charged with a mandatory leave of absence offense. This bill would remove marijuana, mescaline, peyote, and tetrahydrocannabinols as exceptions to the controlled substance offenses for which a certificated employee may be charged with a mandatory leave of absence offense or an optional leave of absence offense. Because this bill would increase the number of employees subject to immediate placement on compulsory leave of absence, thereby increasing the duties of school districts, the bill would impose a state-mandated local program. (4)Existing law requires that a requested hearing on the dismissal or suspension of a permanent employee be conducted by a Commission on Professional Competence, as specified, and provides that the decision of the commission is deemed to be the final decision of the governing board of a school district. Existing law prohibits testimony from being given and evidence from being introduced relating to matters that occurred more than 4 years prior to the filing of the notice, and prohibits a decision relating to the dismissal or suspension of an employee from being made based on charges or evidence relating to matters that occurred more than 4 years before the filing of the notice of charges for the dismissal or suspension of the employee. This bill would, for hearings on the dismissal or suspension of a permanent employee that involve certain sex offenses, controlled substance offenses, or child abuse offenses, as specified, require these hearings to be conducted solely by an administrative law judge of the Office of Administrative Hearings and would provide that the decision of the administrative law judge related to these specified offenses would be advisory, and require the final decision regarding the discipline of the employee to be determined by action of the governing board of the school district, as specified. The bill would require the governing board, before making its final determination, to allow the employee to submit a written statement or response or, at the election of the governing board, an oral statement concerning the disciplinary action, and to only consider the record produced during the hearing conducted by the administrative law judge, and would require the governing board’s final determination to be subject to review and appeal, as specified. The bill also would exempt hearings that involve these specified offenses from the prohibition on giving testimony and introducing evidence relating to matters that occurred more than 4 years before the date of the filing of the notice, and would, for hearings that involve the specified offenses, permit a decision relating to the dismissal or suspension of an employee to be made based on charges or evidence related to matters occurring more than 4 years before the date of the filing of the notice of charges for the dismissal or suspension of the employee. (5)This bill also would make nonsubstantive and conforming changes to these provisions. (6)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add and Repeal Section 123222.3 of the Health and Safety Code, Relating to Mammograms. SB 1538 (2011-2012) SimitianSupportYes
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and… More
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density. Hide
An Act to Add Section 10123.865 to the Insurance Code, Relating to Health Care Coverage. SB 155 (2011-2012) EvansSupportNo
Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital… More
Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital benefits, as specified, and is required to provide notice of the maternity services coverage. This bill, commencing July 1, 2012, would require every individual and group health insurance policy to provide coverage for maternity services for all insureds covered under the policy. Hide
SB 161 (2011-2012) HuffOpposeYes
An Act to Amend Section 66205 of the Education Code, Relating to Public Postsecondary Education. SB 185 (2011-2012) HernandezSupportNo
Existing law, the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education, and their respective… More
Existing law, the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education, and their respective institutions of higher education. Existing law establishes the University of California, under the administration of the Regents of the University of California, and the California State University, under the administration of the Trustees of the California State University, as 2 of the public segments of postsecondary education. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make these provisions applicable. A provision of the act expresses legislative intent with respect to the determination of standards and criteria for admission to the University of California and the California State University. This bill would authorize the University of California and the California State University to consider race, gender, ethnicity, and national origin, along with other relevant factors, in undergraduate and graduate admissions, to the maximum extent permitted by the 14th Amendment to the United States Constitution, Section 31 of Article I of the California Constitution, and relevant case law. The bill would require the trustees, and request the regents, to report in writing to the Legislature and the Governor by November 1, 2013, on the implementation of the bill. The bill would require these reports to include information relative to the number of students admitted, disaggregated by race, gender, ethnicity, national origin, geographic origin, and household income, and compared to the prior 2 years of admissions. Hide
An Act to Validate the Organization, Boundaries, Acts, Proceedings, and Bonds of Public Bodies, and to Provide Limitations of Time in Which Actions May Be Commenced, Relating to Validation. SB 192 (2011-2012) SupportYes
This bill would enact the Validating Act of 2012, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies,… More
This bill would enact the Validating Act of 2012, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. Hide
SB 222 (2011-2012) EvansSupportYes
An Act to Add Part 5.7 (Commencing with Section 11160) to Division 2 of the Revenue and Taxation Code, Relating to Local Government Finance. SB 223 (2011-2012) LenoSupportNo
Existing law authorizes certain counties to impose a local vehicle license fee not exceeding $10 per vehicle, as provided, for the privilege of operating specified vehicles on public roads in the… More
Existing law authorizes certain counties to impose a local vehicle license fee not exceeding $10 per vehicle, as provided, for the privilege of operating specified vehicles on public roads in the county. Existing law requires a county imposing this fee to contract with the Department of Motor Vehicles to collect and administer the fee, as specified. This bill would authorize the City and County of San Francisco to impose a voter-approved local assessment for specified vehicles if certain conditions, including approval by local voters, are met. The bill would require the city and county to contract with the department to collect and administer the assessment, as provided. The Personal Income Tax Law and the Corporation Tax Law authorize various deductions against the income that is otherwise subject to tax under those laws, including a deduction for local taxes that were paid or incurred by a taxpayer. This bill would require the Franchise Tax Board to annually notify the department of estimated revenue losses to the state resulting from taxpayers deducting, for purposes of the Personal Income Tax Law and the Corporation Tax Law, the voter-approved local assessments authorized by this bill, as specified. This bill would require the department to transmit from the assessments collected an amount equal to these reported losses for deposit in the General Fund. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. Hide
An Act to Amend Sections 22112.5, 22119.2, 22461, 22905, 25009, 26302, and 26505 Of, to Amend and Repeal Section 24214.5 Of, to Amend, Repeal, and Add Section 26806 Of, and to Add Sections 24214.6 and 26307 To, the Education Code, and to Amend Sections 20221, 20630, 20636, 20636.1, and 21220 Of, and to Add Section 21220.3 To, the Government Code, Relating to Public Retirement Systems. SB 27 (2011-2012) SimitianSupportNo
(1)The State Teachers’ Retirement Law (STRL) establishes the Defined Benefit Program of the State Teachers’ Retirement System, which provides a defined benefit to members of the system based on… More
(1)The State Teachers’ Retirement Law (STRL) establishes the Defined Benefit Program of the State Teachers’ Retirement System, which provides a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. STRL also establishes the Defined Benefit Supplement Program, which provides supplemental retirement, disability, and other benefits, payable either in a lump-sum payment, an annuity, or both to members of the State Teachers’ Retirement Plan. STRL defines creditable compensation for these purposes as remuneration that is payable in cash to all persons in the same class of employees, as specified, for performing creditable service. This bill would revise the definition of creditable compensation for these purposes and would identify certain payments, reimbursements, and compensation that are creditable compensation to be applied to the Defined Benefit Supplement Program. The bill would prohibit one employee from being considered a class. The bill would revise the definition of compensation with respect to the Defined Benefit Supplement Program to include remuneration earnable within a 5-year period, which includes the last year in which the member’s final compensation is determined, when it is in excess of 125% of that member’s compensation earnable in the year prior to that 5-year period, as specified. The bill would prohibit a member who retires on or after January 1, 2013, who elects to receive his or her retirement benefit under the Defined Benefit Supplement Program as a lump-sum payment from receiving that sum until 180 days have elapsed following the effective date of the member’s retirement. (2)Existing law permits a retired member of STRS to perform specified activities as an employee of an employer in the system, as an employee of a 3rd party, or as an independent contractor within the California public school system, but prohibits the member from making contributions to the retirement fund or accruing service credit based on compensation earned from that service. Existing law conditions this authorization on a variety of factors including limitations on the rate of pay of the member and the total amount of compensation. Existing law prohibits compensation, in this regard, for a member who is below normal retirement age for the first 6 months after retirement for service. This bill would apply the prohibition described above to employees retiring on or after January 1, 2013, for the first 180 days after retirement for service. The bill, beginning January 1, 2013, and until June 30, 2014, would exclude from that postretirement compensation limitation up to $2,500 of compensation earned by a member who retired for service and returned to work during the first 180 days after retirement as a substitute employee, as specified, if other conditions are met. (3)Existing law establishes the Cash Balance Benefit Program, administered by the Teachers’ Retirement Board, as a separate benefit program within the State Teachers’ Retirement Plan in order to provide a retirement plan for persons employed to perform creditable service for less than 50% of full-time service. Existing law provides that the normal form of benefit under the program is a lump-sum payment, after which further benefits are not payable. This bill would permit the board to assess penalties for late and improper adjustments on contributions in connection with the Cash Balance Benefit Program. The bill would prohibit a member who retires on or after January 1, 2013, from receiving the lump-sum payment under the program until 180 days have elapsed following the effective date of the member’s termination of employment. (4)The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System, which is administered by its board of administration, and which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines compensation earnable and other related terms for purposes of calculating a member’s retirement allowance. PERL requires employers and contracting agencies participating in the system to provide notice to the board of the change of status of a member. This bill would require a participating employer and contracting agencies to immediately notify the board of a change that may affect a member’s payrate for purposes of compensation earnable and would authorize the board to assess a reasonable fee upon an employer that fails to do so. The bill would authorize the board to assess a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that an employer knowingly failed to comply with requirements regarding the reporting of compensation. The bill would specify that payrate means, among other things, the member’s monthly base pay, would connect payrate to publicly available pay schedules, and would establish requirements for computation of the payrate of a member for a leave without pay. The bill would prescribe a process for determining if specific compensation items are special compensation. The bill would prohibit a person who retires on or after January 1, 2013, from being employed in any capacity by the state, the University of California, a school employer, or a contracting agency until that person has been separated from service for a period of at least 180 days, subject to existing exceptions, unless the employee is subject to a collectively bargained early retirement plan with the California State University in effect prior to January 1, 2013. The bill also would make additional related changes and would make a statement of legislative findings. This bill would provide that its provisions would become operative on July 1, 2012, except as specified. Hide
An Act to Amend Section 12945 of the Government Code, Relating to Employment. SB 299 (2011-2012) EvansSupportYes
Existing law prohibits employment discrimination based on sex or disability. Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a… More
Existing law prohibits employment discrimination based on sex or disability. Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable time of up to 4 months before returning to work. This bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes that leave, as specified. This bill would incorporate additional changes to Section 12945 of the Government Code proposed by AB 592, to be operative only if AB 592 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. Hide
SB 355 (2011-2012) HuffOpposeNo
SB 364 (2011-2012) YeeSupportNo
SB 386 (2011-2012) HarmanOpposeNo
SB 411 (2011-2012) PriceSupportNo
SB 442 (2011-2012) CalderonSupportNo
An Act to Amend Sections 33080, 33080.1, 33080.2, 33080.8, 33334.2, 33334.3, 33334.4, 33334.12, 33334.16, 33413, 33413.5, 33418, 33487, and 33490 Of, to Add Sections 33080.9, 33080.11, 33080.12, 33506, and 50464.5 To, and to Add Article 13 (Commencing with Section 33460) to Chapter 4 of Part 1 of Division 24 Of, the Health and Safety Code, Relating to Redevelopment. SB 450 (2011-2012) LowenthalSupportNo
(1)The Community Redevelopment Law requires that each redevelopment agency submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative… More
(1)The Community Redevelopment Law requires that each redevelopment agency submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body and to additionally present an annual report to the legislative body containing specified information. This bill would require the agency to include additional information relating to any major audit violations, as defined, any corrections to those violations, and planning and general administrative expenses of the Low and Moderate Income Housing Fund. The bill would authorize the Controller to conduct quality control reviews of independent financial audit reports and require the Controller to publish the results of his or her reviews. The Controller would be required to comply with certain notification and referral provisions in the event that the audit was conducted in a manner that may constitute unprofessional conduct. The bill would require the Department of Housing and Community Development to conduct audits of redevelopment agencies to ensure compliance with the housing provisions of the Community Redevelopment Law. The bill would require each agency to annually deposit 0.05% of any tax increment deposited into the Low and Moderate Income Housing Fund into the Redevelopment Agency Accountability Fund, which the bill would create, to fund the department audits. (2)Existing law requires that funds used for purposes of increasing, improving, and preserving a community’s supply of low- and moderate-income housing be held in a separate Low and Moderate Income Housing Fund until used. Existing law limits the planning and general administrative costs which may be paid with moneys from the Low and Moderate Income Housing Fund. The bill would revise the costs and expenses which may be considered planning and general administrative costs for the purposes of being paid from the Low and Moderate Income Housing Fund. Except as provided, the bill would prohibit an agency from expending more than 15% of the tax increment deposited in the fund for planning and general administrative costs. The bill would impose other reporting and accountability measures on agencies with respect to the use of moneys in the fund for planning and administrative purposes. The bill would revise various provisions governing an action to compel agency compliance with specified provisions. (3)Existing law requires, except as specified, each agency to expend over each 10-year period of the implementation plan, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of moderate, low, and very low income according to specified calculations. The bill would instead require that at least 75% of the agency’s expenditures from the fund directly assist the new construction, acquisition and substantial rehabilitation, or preservation of housing for persons of extremely low, very low, low, or moderate income, with at least 25% of the expenditures required to be directed towards housing for persons of extremely low income and at least 50% of the expenditures required to be directed towards housing for persons of very low income. (4)Existing law authorizes a redevelopment agency to merge project areas under its jurisdiction, and requires that at least 20% of specified taxes allocated to the redevelopment agency be deposited into the Low and Moderate Income Housing Fund to assist in the construction or rehabilitation of housing units for very low, and low- and moderate-income households, as specified. Existing law requires that if those funds have not been committed for that purpose within 6 years, the agency shall offer the funds to the housing authority that operates within the jurisdiction of the agency, as specified. This bill would delete the requirement that the funds be offered to the housing authority. (5)Existing law requires an agency that has failed to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year to disburse the surplus voluntarily to the appropriate county housing authority or another public agency or to expend or encumber the surplus within 2 additional years. The bill would delete these provisions. The bill would modify the definition of the term “excess surplus.” (6)Existing law provides that whenever low- or moderate-income housing dwelling units are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment that is subject to a written agreement with the agency, or where financial assistance has been provided by the agency, the agency is required to provide replacement housing within 4 years of the destruction or removal. The bill would modify the agency’s obligation to provide replacement housing to low- or moderate-income persons and families and would impose new requirements on the agency with respect to the replacement housing plan and housing specifications. If a court has found that an agency has failed to comply with these provisions, the bill would require the court, at a minimum, to issue an order temporarily prohibiting the agency from issuing any debt for any project area, except as specified. Hide
SB 46 (2011-2012) CorreaSupportNo
An Act to Amend Section 65950 Of, and to Add Section 65957.3 To, the Government Code, Relating to Land Use. SB 469 (2011-2012) VargasSupportNo
(1)The Permit Streamlining Act requires the lead agency that has the principal responsibility for approving a development project, as defined, to approve or disapprove the project within 60 days from… More
(1)The Permit Streamlining Act requires the lead agency that has the principal responsibility for approving a development project, as defined, to approve or disapprove the project within 60 days from the date of adoption of a negative declaration or the determination by the lead agency that the project is exempt from the California Environmental Quality Act, unless the project proponent requests an extension of time. This bill would, in addition, require a city, county, or city and county, including a charter city, prior to approving or disapproving a proposed development project that would permit the construction of a superstore retailer, as defined, to cause an economic impact report to be prepared, as specified, to be paid for by the project applicant, and that includes specified assessments and projections including, among other things, an assessment of the effect that the construction and operation of the proposed superstore retailer will have on retail operations and employment in the same market area. The bill would also require the governing body to provide an opportunity for public comment on the economic impact report. By increasing the duties of local public officials, the bill would impose a state-mandated local program. The bill would also require the lead agency to approve or disapprove the project within 180 days from the date of certification of an environmental impact report and approval of an economic impact report, or within 60 days from the date of adoption of a negative declaration and approval of an economic impact report or the determination by the lead agency that the project is exempt from the California Environmental Quality Act and approval of an economic impact report. (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. Hide
SB 475 (2011-2012) WrightOpposeYes
An Act to Amend Sections 51204.5, 51500, 51501, 60040, and 60044 of the Education Code, Relating to Instruction. SB 48 (2011-2012) LenoSupportYes
Existing law requires instruction in social sciences to include a study of the role and contributions of both men and women and specified categories of persons to the development of California and… More
Existing law requires instruction in social sciences to include a study of the role and contributions of both men and women and specified categories of persons to the development of California and the United States. This bill would update references to certain categories of persons and additionally would require instruction in social sciences to include a study of the role and contributions of lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other cultural groups, to the development of California and the United States. Existing law prohibits instruction or school sponsored activities that promote a discriminatory bias because of race, sex, color, creed, handicap, national origin, or ancestry. Existing law prohibits the State Board of Education and the governing board of any school district from adopting textbooks or other instructional materials that contain any matter that reflects adversely upon persons because of their race, sex, color, creed, handicap, national origin, or ancestry. This bill would revise the list of characteristics included in these provisions by referring to race or ethnicity, gender, religion, disability, nationality, and sexual orientation, or other characteristic listed as specified. Existing law prohibits a governing board of a school district from adopting instructional materials that contain any matter reflecting adversely upon persons because of their race, color, creed, national origin, ancestry, sex, handicap, or occupation, or that contain any sectarian or denominational doctrine or propaganda contrary to law. This bill would revise the list of characteristics included in this provision to include race or ethnicity, gender, religion, disability, nationality, sexual orientation, and occupation, or other characteristic listed as specified. Existing law requires that when adopting instructional materials for use in the schools, governing boards of school districts shall include materials that accurately portray the role and contributions of culturally and racially diverse groups including Native Americans, African Americans, Mexican Americans, Asian Americans, European Americans, and members of other ethnic and cultural groups to the total development of California and the United States. This bill would revise the list of culturally and racially diverse groups to also include Pacific Islanders, lesbian, gay, bisexual, and transgender Americans, and persons with disabilities. Existing law provides that there shall be no discrimination on the basis of specified characteristics in any operation of alternative schools or charter schools. This bill would state the intent of the Legislature that alternative and charter schools take notice of the provisions of this bill in light of provisions of existing law that prohibit discrimination in any aspect of their operation. This bill also would make other technical, nonsubstantive changes. Hide
An Act to Add Section 84305.7 to the Government Code, Relating to the Political Reform Act of 1974. SB 488 (2011-2012) CorreaSupportYes
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate… More
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization that is sending the slate mailer and make other specified disclosures, and further requires the slate mailer organization to file periodic statements reporting payments received and expenditures made to produce slate mailers. This bill would provide that, if a slate mailer organization sends a slate mailer or other mass mailing that displays a logo, insignia, emblem, or trademark that is identical or substantially similar to the logo, insignia, emblem, or trademark of a governmental agency or a nongovernmental organization that represents law enforcement, firefighting, emergency medical, or other public safety personnel, and that would reasonably be understood to imply the participation or endorsement of that governmental agency or nongovernmental organization, the slate mailer organization would be required to obtain the express written consent of the governmental agency or nongovernmental organization associated with the logo, insignia, emblem, or trademark prior to using the logo, insignia, emblem, or trademark in the slate mailer or other mass mailing. This bill would also provide that, if a slate mailer organization sends a slate mailer or other mass mailing that identifies itself or its source material as representing a nongovernmental organization with a name that would reasonably be understood to imply that the organization is composed of, or affiliated with, law enforcement, firefighting, emergency medical, or other public safety personnel, the slate mailer or mass mailing would be required to disclose the total number of members in the organization identified in the slate mailer or mass mailing. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. Hide
SB 558 (2011-2012) SimitianSupportNo
SB 568 (2011-2012) LowenthalSupportNo
An Act to Amend Section 6404.5 of the Labor Code, Relating to Employment. SB 575 (2011-2012) DeSaulnierSupportNo
Existing law prohibits smoking of tobacco products inside an enclosed space, as defined, at a place of employment. The violation of the prohibition against smoking in enclosed spaces of places of… More
Existing law prohibits smoking of tobacco products inside an enclosed space, as defined, at a place of employment. The violation of the prohibition against smoking in enclosed spaces of places of employment is an infraction punishable by a specified fine. This bill would expand the prohibition on smoking in a place of employment to include an owner-operated business, as defined. This bill would also eliminate most of the specified exemptions that permit smoking in certain work environments, such as hotel lobbies, bars and taverns, banquet rooms, warehouse facilities, private residences used as family day care homes, and employee break rooms. By expanding the scope of an infraction, 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. Hide
SB 576 (2011-2012) CalderonSupportYes
An Act to Add Sections 953.5 and 14409.5 to the Financial Code, and to Amend Section 368 of the Penal Code, Relating to Banks and Credit Unions. SB 586 (2011-2012) PavleySupportNo
Existing law, the Banking Law, regulates the organization and operations of state-organized banks, and the California Credit Union Law regulates the organization and operation of credit unions, the… More
Existing law, the Banking Law, regulates the organization and operations of state-organized banks, and the California Credit Union Law regulates the organization and operation of credit unions, the willful violation of which is a crime. Existing law does not regulate the issuance or use of a signature stamp in financial transactions. This bill would define “signature stamp” and regulate the issuance of a signature stamp by a state-organized bank or credit union to an accountholder and the use of the signature stamp by the accountholder in financial transactions with a bank or credit union. The bill would require a stampholder to report a lost or stolen signature stamp to the bank or credit union, as specified. Existing law prohibits various types of elder abuse, punishable by incarceration, fines, or both incarceration and fines, including imprisonment in the county jail not exceeding one year, or by a fine not to exceed $1,000, for specified types of abuse involving theft, embezzlement, forgery, fraud, or identity theft. This bill would increase the amount of each of the fines otherwise imposed for the existing law offenses, and would provide that the additional fine amount be allocated to the adult protective services agency, or equivalent elder abuse prevention agency, of the county prosecuting the offense. The bill would make changes to conform those provisions to changes made in AB 109 of the 2011–12 Regular Session. The bill would provide for restitution for a violation of these provisions committed through use of a signature stamp. The bill would additionally incorporate changes to Section 368 of the Penal Code proposed by AB 332, to be operative if both bills are enacted and become operative, as specified.Because this bill would create new crimes, the bill would create 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. Hide
An Act to Amend Section 742.40 of the Insurance Code, Relating to Insurance. SB 615 (2011-2012) CalderonOpposeYes
Commencing January 1, 2014, existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a health insurance issuer that offers coverage in the small group or individual… More
Commencing January 1, 2014, existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a health insurance issuer that offers coverage in the small group or individual market to ensure that such coverage includes the essential health benefits package, as defined. Under existing federal law, a health insurance issuer, defined to include an insurance company, insurance service, or insurance organization including a health maintenance organization and excluding a group health plan, that offers health insurance coverage in the individual or small group market is required to ensure that such coverage includes the essential health benefits package. Commencing January 1, 2014, existing law requires specified individuals to ensure that they are covered under minimum essential coverage and a penalty is required to be imposed for failure to comply with that requirement. Existing law prohibits a self-funded or partially self-funded multiple employer welfare arrangement (MEWA) from providing any benefits for any resident of this state without obtaining a certificate of compliance from the Insurance Commissioner. Existing law imposes various eligibility requirements on a self-funded or partially self-funded MEWA in order to obtain a certificate of compliance, including, among other things, that it be a nonprofit corporation, that it be established and maintained by a specified association with at least 200 paid members, and that benefits be offered only to association members. Under existing law, a self-funded or partially self-funded MEWA is limited to providing certain benefits that include, among other things, medical, dental, and surgical benefits. Under existing law, a MEWA is required to offer health care coverage benefits to any newly eligible person and his or her dependents under terms and conditions no less favorable than those offered to the MEWA employers’ existing employees and their dependents under specified circumstances. This bill would, commencing January 1, 2014, prohibit a MEWA from offering, marketing, representing, or selling any product, contract, or discount arrangement as minimum essential coverage or as compliant with the essential health benefits requirement under the federal Patient Protection and Affordable Care Act, unless it meets the applicable requirements under that act. Hide
SB 653 (2011-2012) SteinbergSupportNo
An Act to Add Section 594.37 to the Penal Code, Relating to Picketing. SB 661 (2011-2012) LieuSupportYes
Existing law makes it a crime for a person to disturb, obstruct, detain, or interfere with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a… More
Existing law makes it a crime for a person to disturb, obstruct, detain, or interfere with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service or an interment. This bill would make it a crime, punishable by a fine not exceeding $1,000, imprisonment in a county jail not exceeding 6 months, or by both, for a person to engage in picketing, as defined, except upon private property, which is targeted at a funeral, as defined, during the time period beginning one hour prior to the funeral and ending one hour after the conclusion of the funeral. The bill would set forth related findings and declarations. Because this bill would create a new 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. Hide
An Act to Add Article 22 (Commencing with Section 94951) to Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code, Relating to Private Postsecondary Education. SB 675 (2011-2012) WrightSupportNo
Existing law, the California Private Postsecondary Education Act of 2009 (act) provides, among other things, for student protections and regulatory oversight of private postsecondary schools… More
Existing law, the California Private Postsecondary Education Act of 2009 (act) provides, among other things, for student protections and regulatory oversight of private postsecondary schools (institutions) in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. This bill would provide that an institution is prohibited from entering into an agreement for a program or course of instruction given in English with a nonnative speaker of English, as defined, unless the prospective student first takes and passes an English proficiency test, as specified. The bill would require that English proficiency tests be given to prospective students at a place off campus by an independent test administrator without charge to the student and in accordance with all procedures and requirements specified by the test publisher. The bill would require that the tests be paid for by the institution and graded off campus by an independent test administrator. The bill would prohibit employees or representatives of the school from influencing the giving, monitoring, or scoring of the tests. The bill would provide, if a prospective student is unable to pass the tests, that it may be readministered only as specified. The bill would prohibit a student from waiving any requirement of the act, and provides that if an institution violates any provision of the act, the enrollment agreement and any other contract with the institution is unenforceable. The bill would specify further remedies and damage provisions. The bill would specify the bureau’s authority and powers to enforce the act. This bill would require any written contract or agreement for educational services signed by a nonnative speaker of English with an institution to include an enrollment agreement containing specified information. The bill would require that the test and the score be placed in the student’s file after enrollment. The bill would declare that its provisions are severable, and make legislative declarations and findings. Hide
SB 689 (2011-2012) HarmanOpposeNo
SB 703 (2011-2012) HernandezOpposeNo
SB 729 (2011-2012) LenoSupportNo
An Act to Add Section 50406.7 to the Health and Safety Code, Relating to Housing. SB 77 (2011-2012) LenoSplitNo
Existing law authorizes the Department of Housing and Community Development to make advance payments to eligible borrowers and grantees under certain loan or grant programs for housing, if the… More
Existing law authorizes the Department of Housing and Community Development to make advance payments to eligible borrowers and grantees under certain loan or grant programs for housing, if the department makes specified determinations. This bill would additionally authorize the department to reduce the interest rate on any loan issued by the department to a rental housing development to as low as 0% if the development meets specified requirements. Hide
SB 790 (2011-2012) LenoOpposeYes
SB 8 (2011-2012) YeeSupportYes
An Act to Add Article 9.5 (Commencing with Section 33425) to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, and to Add and Repeal Article 4.5 (Commencing with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, Relating to Youth Education. SB 803 (2011-2012) DeSaulnierSupportYes
Existing law establishes the State Department of Education under the administration of the Superintendent of Public Instruction, and provides for numerous duties of the department with respect to the… More
Existing law establishes the State Department of Education under the administration of the Superintendent of Public Instruction, and provides for numerous duties of the department with respect to the education of youth. This bill would establish the California Youth Leadership Project under the department for the purpose of supporting and promoting youth civic engagement by awarding scholarships to youth from 14 to 18 years of age, in accordance with specified criteria, for youth and civic engagement programs that would improve the quality of life for California’s disconnected and disadvantaged youth, as specified. The bill would create the California Youth Leadership Project Committee, which would be chaired by the Superintendent and be composed of specified appointed members. The bill would authorize the committee to enter into an interagency agreement with the department to carry out necessary administrative functions. The committee also would be charged with determining when there are sufficient funds to support the program, and if it determines that there are insufficient funds to cover all costs, the activities of the project would cease. The Personal Income Tax Law authorizes taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would create in the State Treasury the California Youth Leadership Fund to receive contributions from tax return designations to support the California Youth Leadership Project. The bill would allocate all moneys transferred to the California Youth Leadership Fund, upon appropriation by the Legislature, to the Franchise Tax Board and the Controller for the reimbursement of costs incurred, and to the department to provide for the California Youth Leadership Project. The bill would provide for the repeal of this contribution provision for this fund on January 1 of the 5th taxable year following the first appearance of the California Youth Leadership Fund on the tax return or on January 1 of an earlier calendar year, if the Franchise Tax Board estimates that the annual contribution amount will be less than $250,000, or an adjusted amount, as specified, for subsequent taxable years. The bill also would authorize the California Youth Leadership Project Committee to accept gifts and grants from any source to help perform its functions. Hide
An Act to Add Division 115.5 (Commencing with Section 140000) to the Health and Safety Code, Relating to Health Care Coverage. SB 810 (2011-2012) LenoSupportNo
Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the… More
Existing law provides for the creation of 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 the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. Commencing January 1, 2014, the federal Patient Protection and Affordable Care Act requires every individual to be covered under minimum essential coverage, as specified, and requires every health insurance issuer issuing individual or group health insurance coverage to accept every employer and individual who applies for coverage. Existing law establishes the California Health Benefit Exchange to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. The bill would create the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. The bill would create the Office of Patient Advocacy within the agency to represent the interests of health care consumers relative to the system. The bill would create within the agency the Office of Health Planning to plan for the health care needs of the population, and the Office of Health Care Quality, headed by a chief medical officer, to support the delivery of high-quality care and promote provider and patient satisfaction. The bill would create the Office of Inspector General for the California Healthcare System within the Attorney General’s office, which would have various oversight powers. The bill would prohibit health care service plan contracts or health insurance policies from being issued for services covered by the California Healthcare System, subject to appropriation by the Legislature, and would authorize the collection of penalty moneys for deposit into the Healthcare Fund, which the bill would create. The bill would create the Payments Board to administer the finances of the California Healthcare System. The bill would create the California Healthcare Premium Commission (Premium Commission) to determine the cost of the California Healthcare System and to develop a premium structure for the system that complies with specified standards. The bill would require the Premium Commission to recommend a premium structure to the Governor and the Legislature on or before January 1, 2014, and to make a draft recommendation to the Governor, the Legislature, and the public 90 days before submitting its final premium structure recommendation. The bill would specify that only its provisions relating to the Premium Commission would become operative on January 1, 2013, with its remaining provisions becoming operative on the earlier of the date the Secretary of California Health and Human Services notifies the Legislature, as specified, that sufficient funding exists to implement the California Healthcare System and the date the secretary receives the necessary federal waiver under the federal Patient Protection and Affordable Care Act. The bill would extend the application of certain insurance fraud laws to providers of services and products under the system, thereby imposing a state-mandated local program by revising the definition of a crime. The bill would enact other related provisions relative to budgeting, regional entities, federal preemption, subrogation, collective bargaining agreements, compensation of health care providers, conflict of interest, patient grievances, and independent medical review. 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. Hide
SB 863 (2011-2012) De LeonSupportYes
An Act to Add Section 13211.7 to the Elections Code, Relating to Elections. SB 88 (2011-2012) YeeSupportNo
Existing law requires the translation of ballots and ballot materials into languages other than English when specified circumstances exist. This bill would require that, if a jurisdiction provides a… More
Existing law requires the translation of ballots and ballot materials into languages other than English when specified circumstances exist. This bill would require that, if a jurisdiction provides a translation of the candidates’ alphabet-based names into a character-based language, such as Chinese, Japanese, or Korean, phonetic transliterations of the alphabet-based names of candidates be provided. The bill would also require that if a candidate’s name is to appear on the ballot in more than one jurisdiction in an election then all of those jurisdictions must use the same phonetic transliteration or character-based translation of the name. This bill would provide an exception for a candidate who has a character-based name by birth or has verifiably been known by a character-based name for at least 2 years to permit him or her to use that name on the ballot instead of a phonetic transliteration. This bill would require that, if a jurisdiction provides separate ballots containing translations of the candidates’ names in different languages, both the alphabet-based names and the translations of the candidates’ names appear on the translated ballot. This bill would also require a county to purchase voting equipment that permits compliance with this section as a part of any new purchase of voting equipment. Because the bill would impose additional duties on local elections officials, it 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Add Title 1.6C.5 (Commencing with Section 1788.50) to Part 4 of Division 3 of the Civil Code, and to Amend Sections 700.010, 706.103, 706.104, 706.108, and 706.122 Of, and to Add Section 581.5 To, the Code of Civil Procedure, Relating to Debt Buyers. SB 890 (2011-2012) LenoSupportNo
(1)Existing state and federal law regulate the practice of debt collection. Existing state law prohibits a debt collector from engaging in specified conduct, including the use of threats or causing a… More
(1)Existing state and federal law regulate the practice of debt collection. Existing state law prohibits a debt collector from engaging in specified conduct, including the use of threats or causing a telephone to ring repeatedly to annoy the person called. Existing law prohibits a debt collector from obtaining an affirmation from a debtor of a consumer debt that has been discharged in bankruptcy, without clearly and conspicuously disclosing to the debtor, in writing, the fact that the debtor is not legally obligated to make such affirmation. This bill would enact the Fair Debt Buyers Practices Act, which would regulate the activities of a person or entity that has bought consumer debt and the circumstances in which the person may bring suit. The bill would prohibit a debt buyer, as defined, from making any written statement in an attempt to collect a consumer debt unless the debt buyer possesses information that the debt buyer is the sole owner of the specific debt at issue, the debt balance, as specified, and the name and address of the creditor at the time the debt was charged off, among other things. The bill would require the debt buyer to make certain documents available to the debtor, without charge, upon receipt of a request, within 15 days. The bill would require that a specified notice be included with the debt buyer’s first written communication with the debtor. The bill would require all settlement agreements between a debt buyer and a debtor to be documented in open court or otherwise in writing and would require a debt buyer who receives a payment on a debt to provide a receipt or statement containing certain information. The bill would prohibit a debt buyer from initiating a suit to collect a debt if the statute of limitations on the cause of action has expired. The bill would prescribe penalties for each violation of the act and would provide that its provisions may not be waived. The bill would require a debt buyer bringing an action on consumer debt to include certain information in his or her complaint. The bill would prohibit an entry of judgment in favor of a plaintiff debt buyer unless business records authenticated through a sworn declaration and relating to the debt and ownership of it, among other things, are submitted by the debt buyer to the court, and would permit a court to dismiss a debt buyer’s action to collect with prejudice if this information is not provided or if the debt buyer fails to appear or is not prepared on the date scheduled for trial. (2)Existing law establishes a process for the enforcement of money judgments and requires a levying officer to provide certain documents and information to a judgment debtor and to a designated employer in connection with wage garnishment. Existing law permits a process server also to serve an earnings withholding order on an employer and requires that the process server also serve certain documents at this time. Existing law requires an employer who is served with an earnings withholding order to provide certain documents to an employee who is a judgment debtor. This bill would require, in the circumstances described above, that a copy of the form that the judgment debtor may use to make a claim of exemption and a copy of the form used to provide a financial statement also be provided. Hide
An Act to Amend Section 1170 of the Penal Code, Relating to Sentencing. SB 9 (2011-2012) YeeSupportYes
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, or both, may, for specified reasons, recommend to the court that a… More
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, or both, may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence. This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would prohibit a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. The bill would require the petition to include a statement from the defendant that includes, among other things, his or her remorse and work towards rehabilitation. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the statements in the defendant’s petition are true, as specified. The bill would apply retroactively, as specified. Hide
An Act to Amend and Add Sections 2923.5 and 2923.6 Of, to Amend and Repeal Section 2924 Of, to Add Sections 2920.5, 2923.4, 2923.7, 2924.17, and 2924.20 To, to Add and Repeal Sections 2923.55, 2924.9, 2924.10, 2924.18, and 2924.19 Of, and to Add, Repeal, and Add Sections 2924.11, 2924.12, and 2924.15 Of, the Civil Code, Relating to Mortgages. SB 900 (2011-2012) LenoSupportYes
(1)Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower… More
(1)Existing law, until January 1, 2013, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law requires a notice of default or, in certain circumstances, a notice of sale, to include a declaration stating that the mortgagee, trustee, beneficiary, or authorized agent has contacted the borrower, has tried with due diligence to contact the borrower, or that no contact was required for a specified reason. This bill would add mortgage servicers, as defined, to these provisions and would extend the operation of these provisions indefinitely, except that it would delete the requirement with respect to a notice of sale. The bill would, until January 1, 2018, additionally require the borrower, as defined, to be provided with specified information in writing prior to recordation of a notice of default and, in certain circumstances, within 5 business days after recordation. The bill would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default or, until January 1, 2018, recording a notice of sale or conducting a trustee’s sale while a complete first lien loan modification application is pending, under specified conditions. The bill would, until January 1, 2018, establish additional procedures to be followed regarding a first lien loan modification application, the denial of an application, and a borrower’s right to appeal a denial. (2)Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale. The bill would, until January 1, 2018, require a written notice to the borrower after the postponement of a foreclosure sale in order to advise the borrower of any new sale date and time, as specified. The bill would provide that an entity shall not record a notice of default or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the deed of trust, the original or substituted trustee, or the designated agent of the holder of the beneficial interest, as specified. The bill would prohibit recordation of a notice of default or a notice of sale or the conduct of a trustee’s sale if a foreclosure prevention alternative has been approved and certain conditions exist and would, until January 1, 2018, require recordation of a rescission of those notices upon execution of a permanent foreclosure prevention alternative. The bill would until January 1, 2018, prohibit the collection of application fees and the collection of late fees while a foreclosure prevention alternative is being considered, if certain criteria are met, and would require a subsequent mortgage servicer to honor any previously approved foreclosure prevention alternative. The bill would authorize a borrower to seek an injunction and damages for violations of certain of the provisions described above, except as specified. The bill would authorize the greater of treble actual damages or $50,000 in statutory damages if a violation of certain provisions is found to be intentional or reckless or resulted from willful misconduct, as specified. The bill would authorize the awarding of attorneys’ fees for prevailing borrowers, as specified. Violations of these provisions by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be violations of those respective licensing laws. Because a violation of certain of those licensing laws is a crime, the bill would impose a state-mandated local program. The bill would provide that the requirements imposed on mortgage servicers, and mortgagees, trustees, beneficiaries, and authorized agents, described above are applicable only to mortgages or deeds of trust secured by residential real property not exceeding 4 dwelling units that is owner-occupied, as defined, and, until January 1, 2018, only to those entities who conduct more than 175 foreclosure sales per year or annual reporting period, except as specified. The bill would require, upon request from a borrower who requests a foreclosure prevention alternative, a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact and provide the borrower with one or more direct means of communication with the single point of contact. The bill would specify various responsibilities of the single point of contact. The bill would define single point of contact for these purposes. (3)Existing law prescribes documents that may be recorded or filed in court. This bill would require that a specified declaration, notice of default, notice of sale, deed of trust, assignment of a deed of trust, substitution of trustee, or declaration or affidavit filed in any court relative to a foreclosure proceeding or recorded by or on behalf of a mortgage servicer shall be accurate and complete and supported by competent and reliable evidence. The bill would require that, before recording or filing any of those documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information. The bill would, until January 1, 2018, provide that any mortgage servicer that engages in multiple and repeated violations of these requirements shall be liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate. The bill would authorize the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate to adopt regulations applicable to persons and entities under their respective jurisdictions for purposes of the provisions described above. The bill would provide that a violation of those regulations would be enforceable only by the regulating agency. (4)The bill would state findings and declarations of the Legislature in relation to foreclosures in the state generally, and would state the purposes of the bill. (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. Hide
An Act to Amend Sections 12301.25, 12301.6, and 12305.86 Of, and to Repeal Sections 12305.73 and 12305.85 Of, the Welfare and Institutions Code, Relating to Public Social Services. SB 930 (2011-2012) EvansSupportYes
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit… More
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law authorizes services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law requires a county, public authority, or nonprofit consortium, as applicable, to conduct an investigation of the qualifications and background of an IHSS provider applicant, including specified criminal background checks. This bill would require the county, public authority, or nonprofit consortium to send the State Department of Social Services a copy of the state-level criminal offender record information search response that is provided to that entity by the Department of Justice for any individual who has requested an appeal of a denial of placement on the registry of IHSS personnel or denial of eligibility to provide supportive services to an IHSS recipient. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. Under existing law, IHSS recipients who are eligible for the Medi-Cal program, are provided with personal care option services, as defined, in lieu of receiving these services under the IHSS program. Under existing law, the State Department of Social Services, in consultation with the county welfare departments, is required to develop protocols and procedures for obtaining fingerprint images of all individuals who are being assessed or reassessed to receive supportive services, as specified. Existing law also requires the standardized time provider timesheet used to track the work performed by providers of in-home supportive services to contain specified information, including, effective July 1, 2011, designated spaces for the index fingerprints of the provider and recipient. This bill would delete the requirements pertaining to obtaining fingerprint images of IHSS recipients, and the requirement that the provider timesheet include spaces for provider and recipient fingerprints. Existing law requires an IHSS provider enrollment form to be completed using the provider’s physical residence address, and prohibits the use of a post office box address. Existing law also prohibits a county from mailing a provider’s paycheck to a post office box address, unless the county approves a provider request to do so, as specified. This bill would delete these requirements, and the prohibitions relating to the use of a post office box address by an IHSS provider. Hide
An Act to Amend Sections 215 and 225.5 Of, and to Add Section 213.5 To, the Labor Code, Relating to Employment. SB 931 (2011-2012) EvansSupportNo
Existing law prohibits an employer from issuing in payment of wages due certain instruments, including an order, check, draft, note, memorandum, scrip, coupon, card, or other acknowledgment of… More
Existing law prohibits an employer from issuing in payment of wages due certain instruments, including an order, check, draft, note, memorandum, scrip, coupon, card, or other acknowledgment of indebtedness or redeemable instrument, unless specified requirements are satisfied. This bill would authorize an employer to pay an employee’s wages by means of a payroll card, as defined, provided that specified requirements are satisfied. In addition, the bill would make a violation of its provisions a misdemeanor and would subject a violator to specified civil penalties. By creating new crimes, 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. Hide
An Act to Add and Repeal Chapter 8.2 (Commencing with Section 11820) of Part 1 of Division 3 of Title 2 of the Government Code, Relating to Government Reorganization. SB 953 (2011-2012) StricklandOpposeNo
The State Government Strategic Planning and Performance and Review Act requires each state agency, department, office, and commission for which strategic planning efforts are recommended to develop a… More
The State Government Strategic Planning and Performance and Review Act requires each state agency, department, office, and commission for which strategic planning efforts are recommended to develop a strategic plan, as specified, that identifies, among other things, the steps being taken to develop performance measures to implement a performance budgeting system or a performance review. The act also requires that these entities report to the Governor and the Joint Legislative Budget Committee by April 1 of each year on the steps being taken to develop and adopt a strategic plan. Existing law sets forth specified procedures for the preparation, submission, and implementation of the Governor’s reorganization plans. This bill would enact the Bureaucracy Realignment and Closure Act of 2013. It would establish the Bureaucracy Realignment and Closure Commission in state government with a specified membership. Beginning on January 1, 2013, the Controller, the Director of Finance, the Legislative Analyst, the Legislative Counsel, and the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy would be required to develop recommendations for the closure or realignment of state bureaucracies for consideration by the commission. It would require the commission to independently evaluate the recommendations, conduct 3 public hearings, and, by January 1, 2014, have at least one member of the commission visit each state bureaucracy considered for realignment or closure. This bill would require the commission, before July 16, 2014, to submit a report of its final recommendations to the Governor and the Legislature that establishes a list of state bureaucracies that are proposed to be realigned or abolished. It would require the Governor, upon approval of the list of recommendations, to prepare the list as a reorganization plan and to submit the plan to the Legislature under the provisions relating to the Governor’s reorganization plans. This bill would repeal the act on June 30, 2015. Hide
An Act to Add Chapter 1b (Commencing with Section 18500) to Division 8 of the Business and Professions Code, to Amend Section 22054 of the Financial Code, and to Add Sections 241 and 241.1 to the Vehicle Code, Relating to Automobile Sellers and Lenders. SB 956 (2011-2012) LieuSupportNo
(1)Existing law prohibits a person from acting as a dealer in vehicles, as specified, without a license issued by the Department of Motor Vehicles. Existing law governs conditional sale contracts, as… More
(1)Existing law prohibits a person from acting as a dealer in vehicles, as specified, without a license issued by the Department of Motor Vehicles. Existing law governs conditional sale contracts, as defined, for the purchase of motor vehicles, including the enforceability of those contracts. Existing law also governs lease contracts, as defined, for the lease of motor vehicles, including the enforceability of those contracts. Existing law, the California Finance Lenders Law, the violation of which is a crime, provides for the licensure and regulation of finance lenders by the Commissioner of Corporations, but exempts from its provisions a bona fide conditional contract of sale involving the disposition of personal property when that form of agreement is not used for the purpose of evading provisions of that law. This bill would enact the Buy-Here-Pay-Here Automobile Dealers Act. The bill would define a “buy-here-pay-here” dealer as a dealer, as defined, who enters into conditional sale contracts, as defined, or lease contracts, as defined, and assigns less than 90% of all unrescinded contracts to an unaffiliated 3rd-party finance or leasing source, within 45 days of the consummation of those contracts. The bill would exclude from this definition automobile sellers who meet specified requirements. This bill would require those dealers to obtain a finance lender license and subject them to specified other provisions of the California Finance Lenders Law. The bill would also define a “buyer-borrower” as a person who enters into a conditional sale contract or lease contract with a buy-here-pay-here automobile dealer. The bill would provide that the Department of Corporations would have regulatory jurisdiction over the lending and repossessing activities of buy-here-pay-here automobile dealers, as specified. This bill would govern the terms and conditions of contracts entered into by a buy-here-pay-here automobile dealer and the rights of the parties, including, but not limited to, requiring a notice to a buyer-borrower of specified rights under the contract. (2)Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies, as defined, and their employees by the Bureau of Security and Investigative Services within the Department of Consumer Affairs. This bill would impose additional requirements on a buy-here-pay-here automobile dealer seeking to repossess a vehicle, including, but not limited to, prohibiting a dealer from commencing repossession proceedings due to failure to make a scheduled loan payment prior to the 16th day following the day on which that payment was due, requiring a dealer to hire a licensed repossession agency to repossess the vehicle on the dealer’s behalf, and prohibiting the dealer from charging the buyer-borrower a fee exceeding $500 for the dealer’s costs in connection with the repossession. The bill would also establish a cap on interest rates that could be charged under a conditional sale or lease contract and require a buy-here-pay-here automobile dealer to allow a buyer-borrower 45 days to repay any penalties, fees, and other charges imposed by the dealer on the buyer-borrower in connection with past due payments that have been brought current. (3)The bill would state findings and declarations of the Legislature with regard to buy-here-pay-here automobile dealers. (4)Because this bill would expand the scope of a crime, the bill would create 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. Hide
An Act to Repeal Section 5318 of the Labor Code, Relating to Workers’ Compensation. SB 959 (2011-2012) LieuSupportNo
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in… More
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director, after public hearings, to adopt and revise periodically an official medical fee schedule to establish reasonable maximum fees paid for medical services, drugs and pharmacy services, health care facility fees, home health care, and all other treatment, care, services, and goods, other than physician services. Existing law separately requires reimbursement for certain implantable medical devices, hardware, and instrumentation, at the provider’s documented paid cost, plus an additional 10%, plus sales tax, as specified. Under existing law, this reimbursement formula is operative only until the administrative director adopts a regulation specifying reimbursement for the designated items, as prescribed. This bill would delete the above-described reimbursement specifications relating to implantable medical devices, hardware, and instrumentation. Hide
An Act to Amend Section 10954 Of, to Amend the Heading of Chapter 9.7 (Commencing with Section 10950) of Part 2 of Division 2 Of, to Add Section 10960.5 To, to Add Chapter 9.9 (Commencing with Section 10965) to Part 2 of Division 2 Of, and to Repeal Section 10902.4 Of, the Insurance Code, Relating to Health Care Coverage. SB 961 (2011-2012) HernandezSupportNo
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… More
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 requires each health insurance issuer that offers health insurance coverage in the individual or group market in a state to accept every employer and individual in the state that applies for that coverage and to renew that coverage at the option of the plan sponsor or the individual. PPACA prohibits a group health plan and a health insurance issuer offering group or individual health insurance coverage from imposing any preexisting condition exclusion with respect to that plan or coverage. PPACA allows the premium rate charge by a health insurance issuer offering small group or individual coverage to vary only by family composition, rating area, age, and tobacco use, as specified, and prohibits discrimination against individuals based on health status. Existing law provides for the regulation of health insurers by the Insurance Commissioner and requires insurers offering coverage in the individual market to offer coverage for a child subject to specified requirements. This bill would require a health insurer, on and after October 1, 2013, to offer, market, and sell all of the insurer’s health benefit plans that are sold in the individual market to all individuals and dependents in each service area in which the insurer provides or arranges for the provision of health care services, with coverage effective on or after January 1, 2014, as specified, but would require insurers to limit enrollment in individual health benefit plans to specified open enrollment and special enrollment periods. The bill would prohibit these health benefit plans from imposing any preexisting condition upon any individual. Commencing January 1, 2014, the bill would prohibit a health insurer from establishing rules of eligibility for individual health benefit plans on any health status-related factor, as specified, and would authorize insurers to use only age, geographic region, and whether the plan covers an individual or family for purposes of establishing rates for individual health benefit plans, as specified. The bill would require a health insurer to issue a specified notice at least 60 days prior to the renewal date of an individual grandfathered health plan to all subscribers and policyholders of the plan. The bill would make certain of these provisions inoperative if the corresponding provisions of PPACA are repealed and would make other conforming changes. The bill would provide that it shall become operative only if AB 1461 is also enacted. Hide
SB 967 (2011-2012) YeeSupportNo
An Act to Add and Repeal Section 15927 of the Welfare and Institutions Code, Relating to Health and Human Services. SB 970 (2011-2012) De LeonSupportNo
Existing law, the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, requires the State Department of Health Care Services, in consultation with specified entities, to establish… More
Existing law, the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, requires the State Department of Health Care Services, in consultation with specified entities, to establish standardized single, accessible application forms and related renewal procedures for state health subsidy programs, as defined, in accordance with specified requirements. This bill would provide for the transmittal to a county human services department of information about an applicant initially applying for, or renewing, health care coverage using the single state application developed pursuant to the act, if the applicant consents to have his or her application information used to simultaneously initiate applications for CalWORKs and CalFresh, for initiation of the application. This bill would authorize the Secretary of California Health and Human Services to phase in implementation of these provisions under certain circumstances. The bill would require the California Health and Human Services Agency to convene a workgroup of human services and health care advocates, legislative staff, and other specified representatives, to consider the feasibility, costs, and benefits of integrating application and renewal processes for additional human services and work support programs with the single state application described in the bill, and to provide, by July 1, 2013, specified details regarding the workgroup to the appropriate fiscal and policy committees of the Legislature. This bill would require that the functionality necessary to implement the cross-application process be achieved by the expiration of a specified federal waiver. This bill would provide that those provisions would become inoperative under certain circumstances. By imposing new duties on counties, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
SB 979 (2011-2012) VargasSupportYes
SB 980 (2011-2012) VargasSupportYes
An Act to Amend Section 301 Of, and to Add Section 303.5 To, the Public Utilities Code, Relating to the Public Utilities Commission. SB 981 (2011-2012) YeeSupportNo
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. The qualifications and tenure of members of the commission are set forth in the… More
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. The qualifications and tenure of members of the commission are set forth in the California Constitution. Existing law prohibits a commissioner from holding an official relation to or having a financial interest in a person or corporation subject to regulation by the commission and requires the commission to adopt an updated Conflict of Interest Code and State of Incompatible Activities. Existing law authorizes the commission to appoint an attorney to the commission to hold office during the pleasure of the commission. Existing law provides for the comprehensive regulation of campaign financing, conflicts of interests of public officials, and lobbying. Existing law prohibits a designated employee of a state administrative agency, any officer, employee, or consultant of a state administrative agency holding a position that entails the making, or participation in making, of decisions that may foreseeably have a material effect on any financial interest, and a member of a state administrative agency, for a period of one year after leaving office of employment, to act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or officer or employee thereof, for which he or she worked or represented during the 12 months before leaving office of employment, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. This bill would prospectively prohibit a commissioner, executive employee of the commission, as defined, or the attorney appointed by the commission, for a period of 2 years after leaving the employment of the commission, from representing, for compensation, any public utility, affiliate of a public utility, or other entity or person regulated by the commission by making any formal or informal appearance, or by making any oral or written communication, before the commission, or officer or employee thereof, if the appearance or communication is made for the purpose of influencing commission action. The bill would prospectively prohibit the commission from hiring, as an executive employee of the commission, or appointing as the attorney for the commission, any person who, in the previous 2 years, was an executive officer, as defined, of a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act. The bill would prospectively prohibit any person from holding the office of commissioner who, in the previous 2 years, was an executive officer of a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act.Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.Because the provisions of this bill would be a part of the act, the bill’s restrictions on actions that may be undertaken upon leaving the commission would impose a state-mandated local program by creating a new crime.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. Hide
SB 982 (2011-2012) EvansSupportNo
An Act to Amend Section 51221.3 of the Education Code, Relating to School Curriculum. SB 993 (2011-2012) De LeonSupportYes
Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include instruction in social sciences, and authorizes that instruction to include instruction on World War II and… More
Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include instruction in social sciences, and authorizes that instruction to include instruction on World War II and the roles of Americans and Filipinos in that war. This bill would authorize instruction in social sciences for grades 7 to 12, inclusive, to include instruction on the Bracero program, and would authorize that instruction to include a component drawn from personal testimony, as provided. The bill would specify that this instruction shall be carried out in a manner that does not result in new duties or programs being imposed on school districts. Hide
SBX1 2 (2011-2012) SimitianSupportYes
SBX1 23 (2011-2012) SupportNo
A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 4 Of, and by Adding Section 4.5 To, Article XIIIA Thereof, by Amending Section 2 of Article XIIIC Thereof, and by Amending Section 3 of Article XIIID Thereof, Relating to Taxation. SCA 5 (2011-2012) SimitianSupportNo
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on… More
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions. Hide
An Act to Amend Sections 226, 233, and 234 Of, and to Add Article 1.5 (Commencing with Section 245) to Chapter 1 of Part 1 of Division 2 Of, the Labor Code, Relating to Employment. AB 1000 (2009-2010) MaSupportNo
Existing law authorizes employers to provide their employees paid sick leave. This bill would provide that an employee who works in California for 7 or more days in a calendar year is entitled to… More
Existing law authorizes employers to provide their employees paid sick leave. This bill would provide that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick days, as defined, which shall be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th calendar day of employment. The bill would require employers to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee’s family member, or for leave related to domestic violence or sexual assault. An employer would be prohibited from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements. The bill would also make conforming changes. This bill would require the Labor Commissioner to administer and enforce these requirements, including the promulgation of regulations, investigation, mitigation, and relief of violations of these requirements. This bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize an aggrieved person, the commissioner, the Attorney General, or an entity a member of which is aggrieved to bring an action to recover specified civil penalties against an offender, as well as attorney’s fees, costs, and interest. The bill would specify that it does not apply to employees covered by a collective bargaining agreement that provides for paid sick days, nor does it lessen any other obligations of the employer to employees. This bill would further specify that it does not apply to employees in the construction industry covered by a collective bargaining agreement if the agreement expressly waives the requirements of this article in clear and unambiguous terms. However, the bill would specify that it applies to certain public authorities, established to deliver in-home supportive services, except where a collective bargaining agreement provides for an incremental wage increase sufficient to satisfy the bill’s requirements for accrual of sick days. Hide
An Act to Add and Repeal Section 6398 to the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 1028 (2009-2010) BlumenfieldOpposeNo
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other… More
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal purchased from a retailer for storage, use, or other consumption in this state. State sales and use tax revenues are transferred to the General Fund and to various special funds. Existing law provides various exemptions from those taxes. This bill would also exempt from those taxes from April 1 to and including April 30 of each year from 2010 to 2020, inclusive, the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, qualified renewable energy systems, as specified. The bill would make its operation contingent upon the adoption of greenhouse gas emission fees under the California Global Warming Solutions Act of 2006 and the appropriation by the Legislature of revenue from the fees sufficient to fully offset the revenue loss to the General Fund due to the exemption. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes enacted by the Legislature are incorporated into the those taxes. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy. Hide
An Act to Amend Section 17085 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 104 (2009-2010) CalderonSupportNo
The Personal Income Tax Law, in modified conformity to federal income tax laws, provides for specified tax treatment with respect to certain annuities and proceeds of life insurance. This bill would… More
The Personal Income Tax Law, in modified conformity to federal income tax laws, provides for specified tax treatment with respect to certain annuities and proceeds of life insurance. This bill would provide further conformity to federal income tax laws by conforming to provisions of the federal Pension Protection Act of 2006 relating to waiver of the 10% early withdrawal penalty tax on certain distributions of pension plans for public safety employees. This bill would take effect immediately as a tax levy. Hide
An Act to Add Section 1389.21 to the Health and Safety Code, and to Add Section 10384.17 to the Insurance Code, Relating to Health Care Coverage. AB 108 (2009-2010) HayashiSupportYes
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… More
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 its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits the cancellation or nonrenewal of an enrollment or subscription by a health care service plan except in specified circumstances. Existing law prohibits the nonrenewal of individual health benefit plans by a health insurer except in specified circumstances. This bill would prohibit a health care service plan or health insurer from rescinding an individual health care service plan contract or individual health insurance policy for any reason, or from canceling, limiting, or raising the premiums of the plan contract or policy due to any omission, misrepresentation, or inaccuracy in the application form, after 24 months following the issuance of the plan contract or policy, except as specified. Because this bill would impose additional requirements on health care service plans, the willful violation of which would be a crime, it 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. Hide
An Act to Amend Section 5068.5 of the Penal Code, Relating to Prisoners. AB 1113 (2009-2010) LowenthalOpposeYes
Existing law requires any person employed or under contract to provide mental health diagnostic or treatment or other mental health services in the state correctional system to be a physician and… More
Existing law requires any person employed or under contract to provide mental health diagnostic or treatment or other mental health services in the state correctional system to be a physician and surgeon, psychologist, or other health professional, licensed to practice in this state, except as specified. This licensure requirement may be waived in order for a person to gain qualifying experience for licensure as a psychologist or clinical social worker in this state. This bill would also authorize the waiver for a person to gain qualifying experience for licensure as a marriage and family therapist. The bill would provide that a person gaining qualifying experience for licensure as a marriage and family therapist is limited to working within his or her scope of practice. Hide
An Act to Amend Section 1790 of the Health and Safety Code, Relating to Continuing Care Contracts. AB 1169 (2009-2010) RuskinSupportYes
Existing law establishes the State Department of Social Services and sets forth its various powers and duties, including, but not limited to, its licensure and regulation of community care… More
Existing law establishes the State Department of Social Services and sets forth its various powers and duties, including, but not limited to, its licensure and regulation of community care facilities, including, but not limited to, residential care facilities for the elderly. Existing law provides for the regulation by the department of continuing care contracts and providers of continuing care and requires providers to submit an annual report of their financial condition. Existing law requires the report to include, among other things, a disclosure of funds accumulated for identified projects or purposes, and any funds maintained or designated for specific contingencies. Violation of certain of these provisions is a crime. This bill would require that the report also disclose funds that are expended for identified projects or purposes. The bill would also specify that the disclosure requirement includes, but is not limited to, projects designated to meet the needs of the continuing care retirement community as permitted by a provider’s nonprofit status. This bill would require a disclosure made by a nonprofit provider to state how the project or purpose is consistent with the provider’s tax-exempt status. The bill would also require a disclosure made by a for-profit provider to identify amounts accumulated for specific projects or purposes and amounts maintained for contingencies. By expanding the scope of an existing 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. Hide
An Act to Amend Sections 12650, 12651, 12652, and 12654 of the Government Code, Relating to the False Claims Act. AB 1196 (2009-2010) BlumenfieldSupportYes
Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim… More
Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law requires the Attorney General and a prosecuting authority of a political subdivision of the state to diligently investigate specific violations of the act. Existing law also authorizes the Attorney General or the prosecuting authority of a political subdivision of the state to intervene in an action filed by a qui tam plaintiff under these provisions. Existing law authorizes a court to award a defendant its reasonable attorney’s fees and expenses under certain circumstances that include when the court finds the claim was brought solely for purposes of harassment. This bill would define terms for purposes of these provisions, expand the definition of a claim, and require the imposition of a civil penalty on a person found liable for a violation. This bill would exclude from these provisions specified claims to the Commissioner of Insurance. This bill would require the written consent of the Attorney General or prosecuting authority of a political subdivision, or both, as appropriate under the allegations of the civil action, to dismiss an action filed by a qui tam plaintiff, and would prohibit the waiver or release of specified claims except as part of a settlement of a civil action filed under these provisions. The bill would also modify the statute of limitations to commence on the date of discovery by the Attorney General or prosecuting authority of a political subdivision. This bill would modify when a court is authorized to award a defendant reasonable attorney’s fees and expenses to when the court finds the claim was brought primarily, rather than solely, for purposes of harassment. This bill would state that the Attorney General or prosecuting authority of a political subdivision has a duty to investigate specific violations of the act. Hide
An Act to Amend Section 1386 Of, and to Add Article 6.2 (Commencing with Section 1385.01) to Chapter 2.2 of Division 2 Of, the Health and Safety Code, and to Add Article 4.5 (Commencing with Section 10181) to Chapter 1 of Part 2 of Division 2 of the Insurance Code, Relating to Health Care Coverage, and Making an Appropriation Therefor. AB 1218 (2009-2010) JonesSupportNo
Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act), provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and… More
Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act), 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 and makes the violation of a final order by the Insurance Commissioner relating to rates subject to assessment of a civil penalty and makes the willful violation of specified rate provisions a misdemeanor. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a plan and insurer during the term of a plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. This bill would, subject to specified exceptions, require approval by the Department of Managed Health Care or the Department of Insurance of an increase in the amount of the premium, copayment, coinsurance obligation, deductible, and other charges under a health care service plan or health insurance policy. The bill would require a plan or insurer to submit to the Department of Managed Health Care or the Department of Insurance, respectively, an application for a rate increase that would be effective on or after January 1, 2011, and would require review of the application in accordance with regulations that each department would be required to adopt no later than January 1, 2011. The bill would subject a rate increase that became effective January 1, 2009, to December 31, 2010, inclusive, to review by the appropriate department. This bill would require each department to notify the public of a rate application and would deem the application approved within 60 days of the date of that notice unless certain conditions exist and the department holds a hearing on the application, as specified. The bill would authorize the initiation of, and intervention in, proceedings relating to rate approvals and the award of advocacy fees and costs in those proceedings in specified circumstances. The bill would require the departments to work together in implementation of these provisions, and to take specified actions in order to ensure coordination and consistency in implementation. This bill would authorize each department to assess a charge in connection with its costs associated with a rate application. The bill would direct the deposit of these fees into the respective department’s Health Rate Approval Fund, which would be created by the bill, and would continuously appropriate that revenue to each department, thereby making an appropriation. Because this bill would specify that its violation is punishable by criminal sanctions under the Knox-Keene Act and under provisions applicable to insurers, 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. Hide
An Act to Add Section 1797.259 to the Health and Safety Code, Relating to Public Health. AB 1272 (2009-2010) HillSupportNo
Existing law, the Emergency Medical Services System and Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority within the California Health and Human… More
Existing law, the Emergency Medical Services System and Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority within the California Health and Human Services Agency to, among other things, provide statewide coordination of county emergency medical service programs, including, but not limited to, designated trauma centers, and to administer the Trauma Care Fund. Existing law, the Planning and Zoning Law, among other things, authorizes the legislative body of a city or county to adopt zoning ordinances regulating, among other things, the use of buildings, structures, and land as between industry, business, residences, open space, and other uses. Existing law sets forth related public hearing requirements. This bill would permit an EMS agency to submit a request of notification to a city, county, or city and county for notice of any zoning variance, permit, amendment, or entitlement for use that would permit the construction or operation of a heliport or helipad on the property of a general acute care hospital. The bill would also permit the local EMS agency, or an EMS agency from a county adjacent to the proposed heliport or helipad, after receiving the notice, to prepare a report, as specified, to consult with representatives of the city, county, or city and county regarding that report, and to provide written comments and appear at a hearing regarding the proposed construction or operation of a heliport or helipad. By increasing the duties of local officials, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Section 125001 of the Health and Safety Code, Relating to Newborn Screening, and Making an Appropriation Thereof. AB 1307 (2009-2010) BuchananSupportNo
Existing law requires that the State Department of Public Health establish a statewide program for the screening of newborns for specified genetic disorders, including tandem mass spectrometry… More
Existing law requires that the State Department of Public Health establish a statewide program for the screening of newborns for specified genetic disorders, including tandem mass spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders and congenital adrenal hyperplasia. Existing law creates the Genetic Disease Testing Fund in the State Treasury, which is used to fund the newborn screening program. This bill would require the department to consider inclusion in the statewide screening program of conditions recommended by the American College of Medical Genetics (ACMG) or other specified entities. The department would be required to adopt the recommendations within one year of their publication unless the department determines that screening for the recommended conditions is not necessary for advancing newborn health and notifies appropriate committees of the Legislature of that determination. Because this bill would expand the purposes of the screening program it constitutes an appropriation. Hide
An Act to Amend Section 60061.5 of the Education Code, Relating to Instructional Materials. AB 146 (2009-2010) MendozaSupportNo
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional… More
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district. This bill would require a publisher or manufacturer of instructional materials offered for adoption or sale in California to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer that fails to deliver instructional materials within 60 days of the receipt of a purchase order from a school district liable for damages in the amount of $500 for each working day that the order is delayed beyond 60 calendar days unless there is a natural disaster, terrorist attack, act of war, or worker strike that prevents the normal transit of instructional materials, resulting in their late delivery, or if there is a delay in implementation of governing board requirements, as specified. This requirement would apply only to contracts with districts enrolling 25,000 or fewer pupils. Hide
An Act to Add and Repeal Section 6376.4 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 1474 (2009-2010) CookOpposeNo
The Sales and Use Tax Law imposes a sales tax on a retailer measured by the gross receipts from the retail sale in this state of tangible personal property and a use tax on the storage, use, or other… More
The Sales and Use Tax Law imposes a sales tax on a retailer measured by the gross receipts from the retail sale in this state of tangible personal property and a use tax on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state measured by sales price. Existing law increases the state sales and use tax rate on the sale of, and on the storage, use, or other consumption of, tangible personal property, by 1% to a rate of 714% from April 1, 2009, until July 1, 2011, as provided. The Sales and Use Tax law also provides that a person who is a retailer of mobilehomes, including manufactured homes, who sells a new mobilehome to a purchaser for occupancy as a residence shall pay use tax at the time of its sale to the purchaser, measured by an amount equal to 75% of the price the retailer paid for the new mobilehome. This bill would provide that the 1% rate of tax increase does not apply to the gross receipts from the sale of a new mobilehome, or the sales price of a new mobilehome sold or stored, used, or otherwise consumed in this state, if specified conditions are met.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 take effect immediately as a tax levy. Hide
An Act to Add Chapter 3.5 (Commencing with Section 110286) to Part 5 of Division 104 of the Health and Safety Code, Relating to Food and Drug Safety. AB 1512 (2009-2010) LieuSupportNo
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of… More
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. A violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a retailer from selling or permitting to be sold after the “use by” date infant formula, as defined, or baby food, as defined, that is required to have this date on its packaging pursuant to federal law. It would also prohibit a retailer from selling or permitting to be sold after the expiration date an over the counter drug, as defined, that is required to have this expiration date on its packaging pursuant to that federal law. A violation of these provisions would, notwithstanding the above-described penalty, be punishable as an infraction with a specified fine. By creating a new crime, this bill would create a state-mandated local program. This bill would state the intent of the Legislature that local and state authorities should make reasonable efforts to notify the public about potential threats to public safety resulting from the sale of expired products and, for public purchasers of expired products, to contact their respective state or local authorities. 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. Hide
An Act to Amend Sections 19999.3, 21353, 21354.1, 21363.1, 21363.4, and 21369.1 Of, and to Add Sections 19829.7, 19829.8, 19829.9, 19829.95, 20037.14, 20677.6, 20677.7, 20677.9, 20677.95, and 21369.2 To, the Government Code, Relating to State Employees, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. AB 1592 (2009-2010) BuchananSupportYes
(1)Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees… More
(1)Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds for memoranda of understanding entered into between the state employer and State Bargaining Units 8, 16, and 19 and would provide that the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act. The bill would provide that provisions of the memoranda of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would authorize the state employer and the affected employee organizations to reopen negotiations on all or part of the memorandum of understanding if the memorandum of understanding that requires the expenditure of funds is not approved by the Legislature. This bill would, with respect to salaries that are continuously appropriated prior to the enactment of the annual Budget Act, require the Director of Finance to reduce the necessary items for the payment of salaries from specified funds scheduled in that Budget Act to reflect the salaries paid prior to the enactment of the annual Budget Act. (2)Existing law establishes an alternate retirement program and provides that state employees, as defined, who become new members of the Public Employees’ Retirement System (PERS) during their first 24 months of employment, do not make contributions to the system or receive service credit for their service, and the state employer shall not make contributions on their behalf. These members are instead required to contribute either 5% or 6% of their monthly compensation, as specified, to the alternate retirement program, administered by the Department of Personnel Administration, and these contributions cease when the state employees begin making their own contributions to PERS. This bill would require all state employees participating in the alternate retirement system to contribute an amount equal to the same amount that employees in the same employment classifications in the same state bargaining units are required to contribute to PERS. (3)The Public Employees’ Retirement Law (PERL) provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation. Existing law defines final compensation variously for different member classifications and bargaining units and, in this regard, defines final compensation for a state member for the purpose of calculating retirement benefits as the highest annual average compensation earnable by the member during a designated 12-month or 36-month period, depending upon the bargaining unit and classification of that employee. Currently the final compensation for members hired on or after July 1, 2006, who are represented by State Bargaining Units 12, 16, 18, and 19, means the final compensation earnable by the member during a designated 36-month period. This bill would provide that final compensation for a person who becomes a state member, as specified, on or after October 31, 2010, and who is represented by State Bargaining Units 5 and 8, means the highest annual average compensation earnable by the member during a designated 36-month period. (4)PERL provides that the contribution rate for state miscellaneous members and specified state safety members is 5% or 6% of the compensation in excess of $513. Existing law provides that the contribution rate for specified state firefighters is 8% of compensation in excess of $238 per month. Existing law provides that the contribution rate for specified state safety patrol members is 8% of the compensation in excess of $863 per month. This bill would increase the contributions rates by 5% for state miscellaneous members of State Bargaining Units 5, 8, 12, 16, 18, and 19 and state safety members of State Bargaining Units 12, 16, 18, and 19, and by 2% for state firefighter members of State Bargaining Unit 8 and state patrol members of State Bargaining Unit 5. By increasing member contributions into a continuously appropriated fund, this bill would make an appropriation. (5)PERL establishes various retirement formulas that apply to specified membership categories. Under PERL, state miscellaneous members are generally subject to a retirement formula commonly known as 2% at 55, which, if the member retires at 55 years of age, yields a benefit equal to 2% of the member’s final compensation multiplied by the member’s years of service credit, as specified. Under PERL, patrol members and specified state peace officer/firefighter members are generally subject to a 3% at 50 retirement formula. Under PERL, state safety members are generally subject to a 2.5% at 55 retirement formula. This bill would provide that state miscellaneous members who are first employed on and after the date the act takes effect, are subject to a 2% at 60 retirement formula. The bill would also provide that patrol members and firefighter members in State Bargaining Units 5 and 8 who are first employed on and after October 31, 2010, are subject to a 3% at 55 retirement formula. (6)The annual Budget Act appropriates specified amounts from the General Fund, unallocated special funds, and unallocated nongovernmental cost funds, for state employee compensation. This bill would, in the event that the annual Budget Act is not enacted prior to July 1 of each year covered by the memoranda of understanding for State Bargaining Units 5, 8, 12, 16, 18, and 19, provide for a continuous appropriation for the amount necessary for the payment of compensation and benefits to members of those bargaining units. (7)This bill would provide that its provisions would not become operative unless SB 846 of the 2009–10 Regular Session is enacted and takes effect on or before January 1, 2011. (8)This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Add Section 22856 to the Government Code, to Add Section 1374.74 to the Health and Safety Code, and to Add Section 10144.8 to the Insurance Code, Relating to Health Care Coverage. AB 1600 (2009-2010) BeallSupportNo
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… More
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. Under existing law, a health care service plan contract and a health insurance policy are required to provide coverage for the diagnosis and treatment of severe mental illnesses of a person of any age. Existing law does not define “severe mental illnesses” for this purpose but describes it as including several conditions. This bill would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2011, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders IV, including substance abuse but excluding nicotine dependence and specified diagnoses defined in the manual, subject to regulatory revision, as specified. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees’ Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. Because this bill would expand coverage requirements for health care service plans, the willful violation of which would be a crime, it 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. Hide
An Act to Amend Sections 15438 and 15439 Of, and to Add Sections 100501, 100502, 100503, 100504, 100505, 100506, 100507, 100508, 100520, and 100521 To, the Government Code, to Add Section 1366.6 to the Health and Safety Code, and to Add Section 10112.3 to the Insurance Code, Relating to Health Care Coverage, and Making an Appropriation Therefor. AB 1602 (2009-2010) PerezSupportYes
Existing law provides various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the Healthy Families Program. Existing law… More
Existing law provides various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the Healthy Families Program. Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers, as specified, and meets certain other requirements. This bill would enact the California Patient Protection and Affordable Care Act, and would, contingent on the enactment of SB 900, which would create the California Health Benefit Exchange (the Exchange), specify the powers and duties of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans, and would require the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and qualified small employers by January 1, 2014. The bill would create the California Health Trust Fund as a continuously appropriated fund and would make the implementation of these provisions contingent on a determination by the board that sufficient financial resources exist or will exist in the fund, as specified. The bill would enact other related provisions. The bill would impose various requirements on participating plans and insurers and, commencing January 1, 2014, on nonparticipating plans and insurers, as specified. Because a willful violation of these requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. Under existing law, the California Health Facilities Financing Authority Act, the California Health Facilities Authority is empowered to make loans under certain conditions from the continuously appropriated California Health Facilities Financing Authority Fund to nonprofit corporations or associations for financing or refinancing the acquisition, construction, or remodeling of health facilities. This bill would authorize the authority to provide a working capital loan of up to $5 million to assist in the establishment and operation of the California Health Benefit Exchange. The bill would require that loans awarded under the bill be made from the California Health Facilities Authority Fund and would require repayment of the loan by a specified date. Because the bill would expand the purposes for which a continuously appropriated fund may be used, it would make an appropriation. 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. Hide
An Act to Add and Repeal Section 17303.5 of the Education Code, Relating to School Facilities. AB 1605 (2009-2010) CotoSupportNo
The Department of General Services is required to supervise the design and construction of school buildings to ensure that plans and specifications comply with various structural safety standards,… More
The Department of General Services is required to supervise the design and construction of school buildings to ensure that plans and specifications comply with various structural safety standards, and requires the department to pass upon and approve or reject all plans for the construction or modernization of any school building. A local educational agency that submits a plan is required to pay a filing fee to the department, which is paid into the State Treasury and credited to the Public School Planning, Design, and Construction Review Revolving Fund, a continuously appropriated fund. This bill would specify that an employee funded by those fees is exempt from any furlough implemented by any state agency, board, or commission. The bill would require the department to complete and return its initial review of a school construction or modernization plan within a specified number of days, depending on the estimated cost of the project, from the date the local educational agency submitted the plan.The bill would require the department to submit a report containing specified information to the Senate and Assembly Committees on Education by January 1, 2016. The bill would repeal those provisions on January 1, 2017. Hide
An Act to Add Division 10.56 (Commencing with Section 11972.10) to the Health and Safety Code, Relating to Alcohol Abuse Programs, and Making an Appropriation Therefor. AB 1694 (2009-2010) BeallSupportNo
Existing law requires the State Department of Alcohol and Drug Programs to perform various functions and duties with respect to the development and implementation of state and local substance abuse… More
Existing law requires the State Department of Alcohol and Drug Programs to perform various functions and duties with respect to the development and implementation of state and local substance abuse treatment programs. This bill would, in addition, establish the Alcohol-Related Services Program and the Alcohol-Related Services Program Fund and would authorize the State Board of Equalization to assess and collect specified fees from every person who is engaged in business in this state and sells alcoholic beverages for resale, as prescribed. The bill would require the fees to be deposited into the fund and would continuously appropriate those moneys exclusively for the alcohol-related services programs established pursuant to this bill. The bill would authorize the State Department of Alcohol and Drug Programs to establish, contract for, or provide grants for the establishment of component services under the 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. Hide
An Act to Amend Sections 7513.8, 82002, and 82039 Of, and to Add Sections 7513.86, 7513.87, 82025.3, 82047.3, and 86206 To, the Government Code, Relating to the Political Reform Act of 1974. AB 1743 (2009-2010) HernandezSupportYes
Existing law regulates investments made by public pension and retirement systems and defines the term “placement agent” to mean a person or entity hired, engaged, or retained by an external… More
Existing law regulates investments made by public pension and retirement systems and defines the term “placement agent” to mean a person or entity hired, engaged, or retained by an external manager, as defined, to raise money or investment from a public retirement system in California. Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of the lobbying industry, including defining the term “lobbyist” and regulating the conduct of lobbyists. Among its provisions, the act requires lobbyists to register with the Secretary of State and to file periodic disclosure reports, and it prohibits lobbyists from engaging in certain activities, including accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action, as defined. This bill would amend the existing definition of “placement agent” to mean a person, as defined, hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager, as defined, to act as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale of the securities, assets, or services of an external manager to a public retirement system in California for compensation, and would exclude from that definition an employee, officer, director, equityholder, partner, member, or trustee of an external manager who spends 13 or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager. The bill would define “placement agent” in a similar way for purposes of the Political Reform Act of 1974, except that the definition would be limited to an individual acting in connection with the offer or sale of the securities, assets, or services of an external manager to a state public retirement system in California and would not include employees, officers, or directors of specified external managers or of affiliates of those external managers. In addition, the bill would prohibit a person from acting as a placement agent in connection with any potential system investment made by a state public retirement system unless that person is registered as a lobbyist and is in full compliance with the Political Reform Act of 1974 as that act applies to lobbyists. The bill would also require a person acting as a placement agent in connection with any potential system investment made by a local public retirement system to file any applicable reports with a local government agency that requires lobbyists to register and file reports and to comply with any applicable requirements imposed by a local government agency. The bill would provide that an individual acting as a placement agent is a lobbyist for purposes of the Political Reform Act of 1974 and is thereby required to comply with all regulations and restrictions imposed on lobbyists by the act, and the bill would further expand the definition of “administrative action” for purposes of the act to include, with regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. The bill would specify that a placement agent who is registered with the Securities and Exchange Commission and regulated by the Financial Industry Regulatory Authority is permitted to receive a payment of fees for contractual services provided to an investment manager, except to the extent that payment of fees is prohibited by the proscription on contingency payments to placement agents. Additionally, the bill would require the Public Employees’ Retirement System and the State Teachers’ Retirement System to each provide to the Legislature, not later than August 1, 2012, a report on the use of placement agents in connection with investments made by those retirement systems. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. Hide
An Act to Amend Section 6203 of the Revenue and Taxation Code, Relating to Taxation. AB 178 (2009-2010) SkinnerSupportNo
The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. That law imposes… More
The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. That law imposes the sales tax upon “retailers,” and defines a “retailer engaged in business in this state” to include specified entities. Existing law also provides that every retailer engaged in business in this state and making sales of tangible personal property for storage, use, or other consumption in this state, that engages in specified activities in this state shall, at the time of sale or at the time the storage, use, or other consumption becomes taxable, collect the tax from the purchaser. This bill would include in the definition of a “retailer engaging in business in this state” a retailer entering into an agreement with a resident of this state under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link or an Internet Web site or otherwise, to the retailer, if the cumulative gross receipts or sales price from sales by the retailer to customers in this state who are referred pursuant to these agreements is in excess of $10,000 during the preceding 4 calendar quarterly periods, except as specified. Hide
An Act to Add Section 10123.865 To, and to Add and Repeal Section 10123.866 Of, the Insurance Code, Relating to Health Care Coverage. AB 1825 (2009-2010) De La TorreSupportNo
Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital… More
Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital benefits, as specified, and is required to provide notice of the maternity services coverage. This bill would require health insurance policies issued, amended, or renewed on or after July 1, 2011, and prior to January 1, 2014, to provide coverage for maternity services, as defined and would require health insurance policies issued, amended, or renewed on or after January 1, 2014, to provide coverage for maternity services consistent with the federal Patient Protection and Affordable Care Act, as specified. The bill would also, until January 1, 2014, to the extent permitted under federal law, authorize certain individual health insurance policies to include an exclusionary period of up to 12 months on maternity services, as specified, and would require the insurer to provide a specified notice regarding that exclusionary period at the time of solicitation for the policy. Hide
An Act to Amend Section 7027.5 of the Business and Professions Code, and to Add Part 2.4 (Commencing with Section 10570) to Division 6 of the Water Code, Relating to Water. AB 1834 (2009-2010) SolorioSupportNo
(1)Under existing law, the State Water Resources Control Board (state board) and the California regional water quality control boards prescribe waste discharge requirements for the discharge of… More
(1)Under existing law, the State Water Resources Control Board (state board) and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the national pollutant discharge elimination system (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law authorizes a regional water management group, as defined, to adopt an integrated regional water management plan that addresses specified matters. Existing law authorizes a city, county, or special district to develop, jointly or individually, stormwater resource plans that meet certain standards. This bill would enact the Rainwater Capture Act of 2010, which would authorize a landowner to install, maintain, and operate, on the landowner’s property, a rainwater capture system meeting specified requirements. The bill would authorize a public agency to lead a statewide stakeholder process to consider and address issues arising out of expansion of rainwater and stormwater capture. The bill would require participants in the stakeholder process to be responsible for costs incurred as a result of their participation and would require the initiating public agency to be responsible for specified costs. (2)Existing law, the Contractors’ State License Law, creates the Contractors’ State License Board within the Department of Consumer Affairs and provides for the licensing and regulation of contractors. Existing law authorizes a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a swimming pool, spa, or hot tub, an outdoor cooking center, or an outdoor fireplace, if certain conditions are met. Under existing law, a violation of these provisions and related provisions of existing law is grounds for disciplinary action. This bill would additionally authorize a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a rainwater capture system, as defined, if the system is used for landscape irrigation. The bill would authorize a landscape contractor holding a specified classification to design and install all exterior components of a rainwater capture system that are not a part of, or attached to, a structure. Hide
An Act to Add Division 27.5 (Commencing with Section 44570) to the Health and Safety Code, Relating to Product Labeling. AB 19 (2009-2010) RuskinSupportNo
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases that… More
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases that cause global warming in order to reduce emissions of greenhouse gases. This bill would enact the Carbon Labeling Act of 2009. The act would require the state board to develop and implement a program for the voluntary assessment, verification, and standardized labeling of the carbon footprint, as defined, of consumer products sold in this state. Hide
An Act to Amend Sections 31460 and 31461 Of, to Add Sections 7500.5, 31460.2, 31461.8, 31539.5, 31540, 31541, 31569, 31680.10, 45309.6, 45309.7, 50871.6, and 50871.7 To, and to Repeal and Add Section 31539 Of, the Government Code, Relating to Public Retirement Systems. AB 1987 (2009-2010) MaSupportNo
(1)The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit,… More
(1)The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines “final compensation” for purposes of calculating a member’s retirement allowance. The State Teachers’ Retirement Law, which applies to specified school employees, and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill would generally provide, effective July 1, 2011, that any change in salary, compensation, or remuneration principally for the purpose of enhancing a member’s benefits would not be included in the calculation of a member’s final compensation for purposes of determining that member’s defined benefit. The bill would require the board of each state and local public retirement system to establish, by regulation, accountability provisions that would include an ongoing audit process to ensure that a change in a member’s salary, compensation, or remuneration is not made principally for the purpose of enhancing a member’s retirement benefits. This bill would limit the calculation of a member’s final compensation to an amount not to exceed the average increase in compensation received within the final compensation period and the 2 preceding years by employees in the same or a related group as that member. This bill would also provide that a person who retires on or after January 1, 2012, may not perform services for any employer covered by a state or local retirement system until that person has been separated from service for a period of at least 180 days. This bill would provide for the implementation of the changes under the applicable retirement laws that apply to counties and cities. This bill includes legislative findings expressing the public purpose that would be served by the enactment of this bill. (2)This bill would, except as otherwise specified, provide that its provisions would become operative on July 1, 2011. This bill would further provide that its provisions would not become operative unless SB 1425 of the 2009–10 Regular Session is also enacted and takes effect on or before January 1, 2011. Hide
An Act to Amend Section 42257 Of, to Add Chapter 5.3 (Commencing with Section 42280) to Part 3 of Division 30 Of, and to Repeal Sections 42254 and 42285 Of, the Public Resources Code, Relating to Solid Waste, and Making an Appropriation Therefor. AB 1998 (2009-2010) BrownleySupportNo
(1)Existing law requires an operator of a store, as defined, to establish an at-store recycling program that provides to customers the opportunity to return clean plastic carryout bags to that store.… More
(1)Existing law requires an operator of a store, as defined, to establish an at-store recycling program that provides to customers the opportunity to return clean plastic carryout bags to that store. This requirement is repealed on January 1, 2013. Existing law prohibits a city, county, or other local public agency from taking specified regulatory actions with regard to the recycling of plastic carryout bags. This bill would repeal those at-store recycling program requirements on January 1, 2012, and would repeal, on January 1, 2011, the provision preempting local regulatory action. The bill would, as of January 1, 2012, prohibit stores that have a specified amount of sales or retail floor space from providing a single-use carryout bag to a customer. The bill would require these stores, from January 1, 2012, until June 30, 2013, to provide a specified type of reusable bag and after July 1, 2013, to only provide reusable bags that meet certain criteria. The bill would require these stores to make reusable bags available for purchase. The bill would allow a store, on and after January 1, 2013, to provide reusable bags to customers at no cost only when combined with a time limited store promotional program. The bill also would authorize a store, as of January 1, 2011, to provide recycled paper bags, but would require the store to charge the consumer, on and after January 1, 2012, the actual average cost of the recycled paper bag.The bill would require these stores, on and after January 1, 2012, to provide a plastic collection bin for its customers, for the purpose of collecting and recycling single-use plastic bags and reusable bags.The bill would, on and after July 1, 2013, additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and certain other specified stores. The bill would, beginning January 1, 2013, require a reusable grocery bag producer to submit to the Department of Resources Recycling and Recovery a biennial certification, including a certification fee established by the department, that certifies that each type of reusable grocery bag that is imported, manufactured, sold or distributed in the state and provided to a store for sale or distribution meets specified requirements. The bill would require the department to deposit the certification fees into the Reusable Bag Account, which would be established by the bill in the Integrated Waste Management Fund. The bill would require that moneys in the account be expended by the department, upon appropriation by the Legislature, to implement the certification requirements. A violation of these certification requirements would be subject to an administrative civil penalty assessed by the department. The department would be required to deposit these penalties into the Penalty Subaccount, which the bill would create in the Reusable Bag Account, for expenditure by the department, upon appropriation by the Legislature, to implement the certification requirements.The bill would require the department, by January 1, 2015, to submit a report to the Legislature regarding the implementation of the bill’s provisions. The bill would repeal this report requirement on January 1, 2016.This bill would, as of January 1, 2011, preempt local regulations on the use and sales of reusable bags, single-use carryout bags, recycled paper bags, or other specified bags at stores, as defined.The bill would allow a city, county, city and county or the state to impose civil penalties for a violation of the bill’s requirements, except for the certification requirements. The bill would require these civil penalties to be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action, and would allow the penalties collected by the Attorney General to be expended by the Attorney General, upon appropriation by the Legislature, to enforce the bill’s provisions. (2)The California Integrated Waste Management Act of 1989 creates the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account and continuously appropriates the funds deposited in the subaccount to the department for making loans for the purposes of the Recycling Market Development Revolving Loan Program. Existing law makes the provisions regarding the loan program, the creation of the subaccount, and expenditures therefrom inoperative on July 1, 2011, and repeals them as of January 1, 2012.This bill would appropriate $2,000,000 from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans and grants for the creation and retention of jobs and economic activity in the manufacture and recycling of plastic bags that use recycled content. Hide
An Act to Add Section 1374.255 to the Health and Safety Code, and to Add Section 10199.49 to the Insurance Code, Relating to Health Care Coverage. AB 2042 (2009-2010) FeuerSupportNo
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… More
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. Under existing law, no change in premium rates or coverage in a health care service plan contract or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a plan or insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. This bill would prohibit a health care service plan or health insurer from altering the rates, as defined, that apply to individual health care service plan contracts or individual health insurance policies, or altering any benefits included in individual contracts or policies, more than once each calendar year, except as specified. Among those exceptions, the bill would provide that, if a brand name drug becomes available as a generic drug, the application of a lower cost-sharing rate for the generic drug would not constitute an alteration of benefits. The bill’s provisions would apply to a new individual plan contract or policy issued to an enrollee or insured who transfers from another plan or policy, as specified, and would prohibit the issuance of new plan contracts or policies more often than annually. Because a willful violation of these requirements by a health care service plan 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. Hide
An Act to Amend Sections 1266, 1267, 1269, 1271.5, and 1272 Of, to Amend the Heading of Article 1.5 (Commencing with Section 1266) of Chapter 5 of Part 1 of Division 1 Of, and to Add Sections 1266.1, 1269.1, 1274.5, and 1274.20 To, the Unemployment Insurance Code, Relating to Unemployment Insurance, and Making an Appropriation Therefor. AB 2058 (2009-2010) BlockSupportYes
Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, until January 1, 2015, provides for retraining benefits to… More
Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, until January 1, 2015, provides for retraining benefits to eligible individuals pursuant to the federal Trade Act of 1974, as amended by the federal Trade Act of 2002. Existing law authorizes an unemployed individual who files a claim for unemployment compensation benefits or extended duration benefits, or an application for federal-state extended benefits or any federally funded unemployment compensation benefits, to apply to the Employment Development Department for benefits during a period of training or retraining. Existing law also requires that a determination of potential eligibility for specified training and retraining benefits be issued to an unemployed individual if the Director of Employment Development finds that specified conditions apply. This bill would establish the California Training Benefits Program, which, among other things, would revise those eligibility requirements to, instead, specify that an unemployed individual who qualifies for unemployment compensation benefits, extended duration benefits, or federal-state extended benefits or any federally funded unemployment compensation benefits, and applies for the program shall be deemed to automatically be eligible for the program during a period of training or retraining. Existing law requires that a determination of potential eligibility for training or retraining benefits be issued to an unemployed individual if the director makes a specified finding. This bill would, instead, require that a determination of automatic eligibility for training or retraining be issued to an unemployed individual if any of specified conditions apply. The bill would also require that, if training or retraining is not authorized under those provisions governing automatic eligibility for those benefits, a determination of potential eligibility for benefits be issued to the unemployed individual if the director finds that specified criteria apply. Existing law requires the department to inform all individuals who claim unemployment compensation benefits in this state of the benefits potentially available, and permits the department to convey this information verbally or in written form, as provided. This bill would, instead, require the department to convey that information verbally, in written form, or online, and would require that the information be made available on the department’s Internet Web site in close proximity to information on unemployment compensation claim forms. This bill would provide that these changes are effective on January 1, 2011, unless the department determines that implementation by that date is not feasible, in which case it would require the department to implement the changes no later than July 1, 2011. Because the bill would make various changes to existing eligibility requirements for training and retraining benefits, which would result in additional amounts being payable from the Unemployment Fund for those benefits, the bill would make an appropriation. The bill would require the department, not later than September 1, 2016, to prepare and submit to the Governor and the Legislature a report evaluating the effectiveness of the program, containing data and information as prescribed. Hide
An Act to Add Sections 124121 and 124122 to the Health and Safety Code, Relating to Public Health. AB 2072 (2009-2010) MendozaSupportNo
Existing law, the Newborn and Infant Hearing Screening, Tracking, and Intervention Act, requires every general acute care hospital with licensed perinatal services to offer every newborn a hearing… More
Existing law, the Newborn and Infant Hearing Screening, Tracking, and Intervention Act, requires every general acute care hospital with licensed perinatal services to offer every newborn a hearing screening test for the identification of hearing loss, as specified, and provide written information on the availability of community resources and services for children with hearing loss to the parents of those who are diagnosed with a hearing loss. Existing law, the California Early Intervention Services Act, commonly known as the Early Start Program, provides various early intervention services for infants and toddlers who have disabilities to enhance their development and to minimize the potential for developmental delays. This bill would also require that the State Department of Education develop an informational pamphlet, as specified, for newborns and infants identified as deaf or hard of hearing, that is about visual and auditory communication and language options and that would help a parent make informed decisions for his or her child. This bill would require the department to convene an advisory stakeholder panel, composed as prescribed, to develop and revise the informational pamphlet, as specified, until January 1, 2017. This bill would require that the informational pamphlet be provided to parents of all newborns and infants identified as deaf or hard of hearing by an audiologist immediately upon identification of a newborn or infant as deaf or hard of hearing, and by a local provider for the Early Start Program upon initial contact with the parents of a newborn or infant newly identified as deaf or hard of hearing. This bill would require the audiologist to note in the newborn’s or infant’s record that the parent has received the informational pamphlet and, during the course of evaluation and treatment, to inform and counsel the parent of all available communication options. This bill would require the informational pamphlet to be made available in Cantonese, English, Spanish, and Vietnamese, and be made available on the department’s Internet Web site, as prescribed. This bill would provide that these provisions would be implemented only upon determination by the Director of Finance that sufficient donations have been collected and deposited into the Language and Communication for Deaf and Hard of Hearing Children Fund, which this bill would create in the State Treasury, and upon the appropriation of that fund. This bill would provide that no state funds shall be used to implement these provisions. This bill would also state the intent of the Legislature that every newborn or infant who does not pass his or her preliminary hearing screening test receive a followup hearing screening no later than 3 months of age, and that the Legislature strongly encourages the State Department of Health Care Services to work toward this goal. Hide
An Act to Amend Section 6203 Of, and to Add Section 6208 To, the Revenue and Taxation Code, Relating to Taxation. AB 2078 (2009-2010) CalderonSupportNo
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state of, or, and on the storage, use, or other… More
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state of, or, and on the storage, use, or other consumption in this state of, tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law requires every retailer engaged in business in this state, as specified, and making sales of tangible personal property for storage, use, or other consumption in this state to, at the time of making the sales or, if the storage, use, or other consumption of the tangible personal property is not then taxable, at the time the storage, use, or other consumption becomes taxable, collect the tax from the purchaser.This bill would provide a rebuttable presumption that any retailer that is part of a controlled group of corporations, and that controlled group of corporations has a component member that is a retailer engaged in business in this state, as described, is presumed to be a retailer engaged in business in this state. This bill would require each retailer that is not required to collect use tax to provide notification on its retail Internet Web site or catalogue that tax is imposed on the storage, use, or other consumption in this state of the tangible personal property purchased from the retailer that is not exempt, and is required to be paid by the purchaser, as provided.This bill would provide that its provisions are severable. Hide
An Act to Amend Section 1371.8 of the Health and Safety Code, and to Amend Section 796.04 of the Insurance Code, Relating to Health Care Coverage. AB 2110 (2009-2010) De La TorreSupportNo
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… More
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 disability insurers by the Department of Insurance and requires disability insurance policies to include a provision setting forth a grace period for making premium payments. Under existing law, that grace period must equal no less than 7 days for weekly premium policies, no less than 10 days for monthly premium policies, and no less than 31 days for all other policies. Existing law prohibits the Insurance Commissioner from approving a policy for issuance or delivery, and authorizes the commissioner to withdraw approval of the policy, if it fails to meet these requirements. This bill would require individual health care service plan contracts and individual health insurance policies issued, amended, or renewed on or after January 1, 2011, to provide a grace period of 50 days for the payment of premiums and would make an enrollee or insured who fails to pay the premium during that period liable for any medical costs incurred during the period, except as specified. The bill would require plans and insurers to provide specified notice of this grace period upon issuance, amendment, or renewal of an individual contract or policy.Because a willful violation of the bill’s 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. Hide
An Act to Add Part 2.7 (Commencing with Section 60) to Division 1 of the Civil Code, and to Amend Section 130202 of the Health and Safety Code, Relating to Privacy. AB 2112 (2009-2010) MonningSupportNo
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… More
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, unless a specified exception applies. This bill would enact the Prescription Record Privacy Act, prohibiting a person or entity, including a pharmacist, from selling or releasing to a 3rd party any physician prescribing data for marketing purposes, as defined, except when the data is necessary for any local, state, or federal governmental or oversight activity, as provided, or is necessary for the processing of a health care claim. The bill also would permit the release of physician prescribing data to a licensed health care professional, service plan, contractor, or facility, as provided, a health insurer or disability insurer, or an authorized operator of a program related to the treatment of chronic and seriously debilitating or life-threatening conditions. The bill would also permit the release of data for clinical trials or established research projects, as provided. This bill would also require that any person that knowingly fails to comply with these provisions be subject to an administrative penalty of at least $10,000 and not more than $50,000 per violation. This bill would authorize the Secretary of California Health and Human Services to adopt regulations to implement these provisions. This bill would require the office of the Attorney General to enforce payment of penalties for violations of these provisions, as provided. This bill would also authorize the Office of Health Information Integrity, upon receipt of a complaint of a violation of these provisions, to conduct an administrative hearing, in accordance with the administrative adjudication provisions set forth in the Administrative Procedure Act, and to assess an administrative fine against a person or entity found to have committed a violation of these provisions. Hide
An Act to Add and Repeal Article 3.7 (Commencing with Section 78265) of Chapter 2 of Part 48 of Division 7 of Title 3 of the Education Code, Relating to Public Postsecondary Education. AB 2385 (2009-2010) PerezSupportYes
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary… More
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, each of which is administered by a governing board, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. The bill would establish the Pilot Program for Innovative Nursing and Allied Health Care Profession Education at the California Community Colleges under the administration of the Office of the Chancellor of the California Community Colleges to facilitate the graduation of community college nursing and allied health students by piloting innovative models to expand the state’s capacity to prepare a qualified health care workforce. The bill would require the chancellor’s office to establish the pilot program at up to 5 campuses throughout the state according to specified requirements. The bill would express legislative intent that the pilot program be funded with a combination of state apportionment funding, federal grants, employer-based partnerships, and private philanthropic resources. The bill would require the chancellor’s office to collect appropriate data for the purpose of evaluating the effectiveness of the pilot program. The bill would require the chancellor’s office to analyze this data, and contract with an external evaluator to conduct an independent evaluation, with findings and recommendations with respect to the pilot program to be reported to the Legislature on or before January 1, 2017. The bill would provide that its provisions would be implemented in any fiscal year only to the extent that the chancellor’s office determines that sufficient moneys are available to administer the program. The bill would provide that the pilot program would become inoperative on July 1, 2017, and as of January 1, 2018, would be repealed. Hide
An Act to Amend Section 9620 Of, and to Add Chapter 7.7 (Commencing with Section 2835) to Part 2 of Division 1 Of, the Public Utilities Code, Relating to Energy. AB 2514 (2009-2010) SkinnerSupportYes
Under existing law, the Public Utilities Commission (CPUC) has regulatory authority over public utilities, including electrical corporations, as defined. The existing Public Utilities Act requires… More
Under existing law, the Public Utilities Commission (CPUC) has regulatory authority over public utilities, including electrical corporations, as defined. The existing Public Utilities Act requires the CPUC to review and adopt a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. The existing California Renewables Portfolio Standard Program (RPS program) requires the CPUC to implement annual procurement targets for the procurement of eligible renewable energy resources, as defined, for all retail sellers, including electrical corporations, community choice aggregators, and electric service providers, but not including local publicly owned electric utilities, to achieve the targets and goals of the program. The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission), and requires it to undertake a continuing assessment of trends in the consumption of electricity and other forms of energy and to analyze the social, economic, and environmental consequences of those trends and to collect from electric utilities, gas utilities, and fuel producers and wholesalers and other sources, forecasts of future supplies and consumption of all forms of energy. Existing law requires the CPUC, in consultation with the Independent System Operator (ISO), to establish resource adequacy requirements for all load-serving entities, as defined, in accordance with specified objectives. The definition of a “load-serving entity” excludes a local publicly owned electric utility. That law further requires each load-serving entity to maintain physical generating capacity adequate to meet its load requirements, including peak demand and planning and operating reserves, deliverable to locations and at times as may be necessary to provide reliable electric service. Other existing law requires that each local publicly owned electric utility serving end-use customers to prudently plan for and procure resources that are adequate to meet its planning reserve margin and peak demand and operating reserves, sufficient to provide reliable electric service to its customers. That law additionally requires the utility, upon request, to provide the Energy Commission with any information the Energy Commission determines is necessary to evaluate the progress made by the local publicly owned electric utility in meeting those planning requirements, and requires the Energy Commission to report the progress made by each utility to the Legislature, to be included in the integrated energy policy reports. Under existing law, the governing body of a local publicly owned electric utility is responsible for implementing and enforcing a renewables portfolio standard for the utility that recognizes the intent of the Legislature to encourage renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. This bill would require the CPUC, by March 1, 2012, to open a proceeding to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems and, by October 1, 2013, to adopt an energy storage system procurement target, if determined to be appropriate, to be achieved by each load-serving entity by December 31, 2015, and a 2nd target to be achieved by December 31, 2020. The bill would require the governing board of a local publicly owned electric utility, by March 1, 2012, to open a proceeding to determine appropriate targets, if any, for the utility to procure viable and cost-effective energy storage systems and, by October 1, 2014, to adopt an energy storage system procurement target, if determined to be appropriate, to be achieved by the utility by December 31, 2016, and a 2nd target to be achieved by December 31, 2021. The bill would require each load-serving entity and local publicly owned electric utility to report certain information to the CPUC, for a load-serving entity, or to the Energy Commission, for a local publicly owned electric utility. The bill would make other technical, nonsubstantive revisions to existing law. The bill would exempt from these requirements an electrical corporation that has 60,000 or fewer customers within California and a public utility district that receives all of its electricity pursuant to a preference right adopted and authorized by the United States Congress pursuant to a specified law. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the CPUC is a crime. Because certain of the provisions of this bill require action by the CPUC to implement, a violation of these provisions would impose a state-mandated local program by creating a new crime. Because certain of the bill’s requirements are applicable to local publicly owned electric utilities, 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 specified reasons. Hide
An Act to Amend Section 1386 Of, and to Add Article 6.2 (Commencing with Section 1385.01) to Chapter 2.2 of Division 2 Of, the Health and Safety Code, and to Add Article 4.5 (Commencing with Section 10181) to Chapter 1 of Part 2 of Division 2 of the Insurance Code, Relating to Health Care Coverage. AB 2578 (2009-2010) JonesSupportNo
Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act), provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and… More
Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act), 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 insurers by the Department of Insurance, including health insurers. Existing law makes the violation of a final order by the Insurance Commissioner relating to rates imposed by certain insurers, other than health insurers, subject to assessment of a civil penalty and makes the willful violation by those insurers of specified rate provisions a misdemeanor. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a plan and insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. This bill would require approval by the Department of Managed Health Care or the Department of Insurance of an increase in the amount of the premium, copayment, coinsurance obligation, deductible, and other charges under health care service plan contracts or health insurance policies, other than Medicare supplement, dental-only, or vision-only contracts or policies. The bill would require a plan or insurer to submit to the Department of Managed Health Care or the Department of Insurance, respectively, an application for a rate increase that would be effective on or after January 1, 2012, and would require review of the application in accordance with regulations that each department would be required to adopt no later than January 1, 2012. The bill would subject a rate increase that became effective January 1, 2010, to December 31, 2011, inclusive, to review by the appropriate department. The bill would require each department to notify the public of a rate application and would deem the application approved within 60 days of the date of that notice unless the department holds a hearing on the application, as specified. The bill would authorize the initiation of, and intervention in, proceedings relating to rate approvals and the award of advocacy fees and costs in those proceedings in specified circumstances. The bill would require the departments to work together in implementation of these provisions and to take specified actions in order to ensure coordination and consistency in implementation. The bill would authorize each department to assess a charge in connection with its costs associated with a rate application. The bill would direct the deposit of these fees into the respective department’s Health Rate Approval Fund, which would be created by the bill, and would make those funds available to each department for those purposes, upon appropriation. The bill would specify that a violation of its provisions is punishable by criminal sanctions under the Knox-Keene Act and under provisions applicable to insurers and, therefore, 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. Hide
An Act to Add Section 19571 to the Revenue and Taxation Code, Relating to Taxation. AB 2666 (2009-2010) SkinnerSupportNo
The Corporation Tax Law, which is administered by the Franchise Tax Board, authorizes various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by… More
The Corporation Tax Law, which is administered by the Franchise Tax Board, authorizes various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by that law. This bill would, for each taxable year on or after January 1, 2010, require the board to compile information on any tax expenditure claimed and reported by a taxpayer that is a publicly traded company, and would require, beginning on June 30, 2013, and by June 30 of each year thereafter, the board to submit the information to the State Chief Information Officer for publication on the Reporting Transparency in Government Internet Web site. This bill would require the State Chief Information Officer to develop on the Reporting Transparency in Government Internet Web site a searchable database of that information, as specified. Hide
An Act to Repeal and Add Section 6432 of the Labor Code, Relating to Employment. AB 2774 (2009-2010) SwansonSupportYes
Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce… More
Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce health and safety standards in places of employment and to investigate and to issue a citation and impose civil penalties when an employer commits a serious violation that causes an employee to suffer or potentially suffer, among other things, “serious injury or illness” or “serious physical harm.” This bill would establish a rebuttable presumption as to when an employer commits a serious violation of these provisions and would define serious physical harm, as specified. The bill would also establish new procedures and standards for an investigation and the determination by the division of a serious violation by an employer which causes harm or exposes an employee to the risk of harm. Hide
An Act to Add Section 23394.1 To, and to Add Chapter 19 (Commencing with Section 26000) to Division 9 Of, the Business and Professions Code, to Amend Sections 7597 and 68152 of the Government Code, to Amend Sections 1596.795, 11014.5, 11054, 11357, 11364.5, 11370, 11470, 11488, 11532, 11703, 11705, 118880, 118885, 118890, 118895, 118900, 118905, 118915, 118925, and 118935 Of, and to Add Division 10.3 (Commencing with Section 11720) To, and to Repeal Sections 11358, 11359, 11360, and 11485 Of, the Health and Safety Code, to Amend Section 6404.5 of the Labor Code, to Amend Section 561 of the Public Utilities Code, to Add Part 14.6 (Commencing with Section 34001) to Division 2 of the Revenue and Taxation Code, to Amend Sections 23222 and 40000.15 of the Vehicle Code, and to Amend Sections 4138 and 18901.3 of the Welfare and Institutions Code, Relating to Marijuana. AB 390 (2009-2010) AmmianoSupportNo
Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of… More
Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes. This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. It would instead provide for regulation by the Department of Alcoholic Beverages of the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives, not including medical marijuana, by persons 21 years of age and older, for specified purposes. It would set up a wholesale and retail marijuana sales regulation program to be administered and enforced by the department, that imposes special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued by the department. It would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana, and would provide specified infraction penalties for violations of these new marijuana laws and regulations, as specified. The bill would make existing prohibitions against the smoking of tobacco products in specified areas, including public offices and restaurants, applicable to the smoking of marijuana products. It would make other conforming changes. By creating various crimes for violations of regulations and laws created by this act, 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. Hide
An Act to Amend Section 3072 of the Labor Code, Relating to Employment. AB 395 (2009-2010) FuentesSupportYes
Under existing law, the Director of Industrial Relations is the Administrator of Apprenticeship and is authorized to appoint assistants necessary to effectuate the purposes of state law governing… More
Under existing law, the Director of Industrial Relations is the Administrator of Apprenticeship and is authorized to appoint assistants necessary to effectuate the purposes of state law governing apprenticeships. Existing law requires, with certain exceptions, that all workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed and establishes prevailing wage requirements with regard to holiday and overtime work. Existing law requires that every apprentice employed on public works projects be paid the prevailing rate of per diem wages for apprentices in the trade for which he or she is registered and that employers who employ apprentices on public works projects comply with other specified provisions. Existing law exempts certain public works projects from the prevailing wage requirements applicable to workers if the awarding body contracting for public work initiates and enforces a labor compliance program that meets specific statutory and regulatory requirements and ensures compliance with prevailing rate wage laws. Existing law requires that all labor compliance programs obtain the approval of the director. This bill would provide that an awarding body that implements an approved labor compliance program may, upon mutual agreement with the Chief of the Division of Apprenticeship Standards and at his or her discretion, assist the director in the enforcement of prevailing rate wage laws and other requirements that apply to apprenticeships in public works projects through the operation of that approved labor compliance program under terms and conditions prescribed by the Chief of the Division of Apprenticeship Standards. The bill would allow a contractor to appeal the result of a labor compliance program enforcement action related to apprenticeships in public works projects through specified procedures. The bill would provide that, if the involvement of the Chief of the Division of Apprenticeship Standards in a labor compliance program enforcement action is limited to a review of an assessment and the matter is resolved without litigation, the awarding body that has implemented the labor compliance program shall enforce any applicable penalties and shall deposit any penalties and forfeitures collected in its general fund. Hide
An Act to Amend Sections 27, 101, 146, 149, and 473.1 of the Business and Professions Code, to Add Chapter 8.5 (Commencing with Section 95000) To, and to Add and Repeal Chapter 8 (Commencing with Section 94800) Of, Part 59 of Division 10 of Title 3 of the Education Code, Relating to Private Postsecondary Education, and Making an Appropriation Therefor. AB 48 (2009-2010) PortantinoSupportYes
(1)The former Private Postsecondary and Vocational Education Reform Act of 1989, which became inoperative on July 1, 2007, and was repealed on January 1, 2008, was administered by the Bureau for… More
(1)The former Private Postsecondary and Vocational Education Reform Act of 1989, which became inoperative on July 1, 2007, and was repealed on January 1, 2008, was administered by the Bureau for Private Postsecondary and Vocational Education in the Department of Consumer Affairs. The former act generally effectuated legislative intent to ensure minimum standards of instructional quality and institutional stability in private postsecondary educational institutions and required the bureau, among other things, to review and investigate all institutions, programs, and courses of instruction approved under the act. The former act also established the Private Postsecondary and Vocational Education Administration Fund and the continuously appropriated Student Tuition Recovery Fund, both of which were repealed on July 1, 2008. The former act specified that certain violations of its provisions were subject to civil penalties and that certain willful violations of the act were punishable as crimes. This bill would recast and revise the former act as the California Private Postsecondary Education Act of 2009. The bill would establish the Bureau for Private Postsecondary Education in the Department of Consumer Affairs as a successor agency to the former bureau. The bill would appropriate the sum of $580,000 from the Private Postsecondary and Vocational Education Administration Fund to the bureau for the purpose of funding 5 education administration positions, and would continue that fund in existence and rename it as the Private Postsecondary Education Administration Fund. The bill also would continue the existence of the continuously appropriated Student Tuition Recovery Fund, would provide that certain violations of the new act are punishable as infractions, and would provide procedures for the resolution of student claims under the former act. The bill would impose reporting requirements on the bureau, the Bureau of State Audits, and the Legislative Analyst’s Office regarding compliance with the act. The bill would appropriate $270,000 from the Private Postsecondary Education Administration Fund to the Bureau of State Audits to cover its costs of implementing the reporting requirements. The bill would impose various fees in connection with a private postsecondary institution’s approval to operate under the act and would require those fees to be deposited in the Private Postsecondary Education Administration Fund, for expenditure, upon appropriation by the Legislature, by the bureau for the purposes of the act. The bill would exempt various institutions from most of the provisions of the act, including an exemption for an institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges and, until January 1, 2016, an institution that is accredited by a regional accrediting agency recognized by the United States Department of Education. The bill would repeal the California Private Postsecondary Education Act of 2009 on January 1, 2016. The bill would, upon the repeal of the act, continue the Student Tuition Recovery Fund in existence under the administration of the Department of Consumer Affairs and would continuously appropriate the moneys remaining in that fund to the Department of Consumer Affairs for specified purposes. Because this bill would establish new infractions, the bill would impose a state-mandated local program. (2)This bill would incorporate additional changes to Sections 27 and 146 of the Business and Professions Code proposed by SB 819, to be operative only if SB 819 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill also would incorporate additional changes in Sections 101 and 149 of the Business and Professions Code proposed by AB 1535 and SB 819, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (3)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. Hide
An Act to Add Chapter 3.6 (Commencing with Section 1024.5) to Part 3 of Division 2 of the Labor Code, Relating to Employment. AB 482 (2009-2010) MendozaSupportNo
The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for… More
The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for employment purposes, pursuant to specified requirements. The FCRA provides that it does not preempt state law, except as specifically provided or to the extent that state laws are inconsistent with its provisions. Existing federal and state law specify the procedures that an employer is required to follow before requesting a report and if adverse action is taken based on the report. Under existing law, an employer may request a credit report for employment purposes so long as he or she provides written notice of the request to the person for whom the report is sought. Existing law requires that the written notice inform the person for whom the consumer credit report was sought of the source of the report and contain space for the person to request a copy of the report. Existing law further requires an employer, whenever he or she bases an adverse employment decision on information contained in a consumer credit report, to advise the person for whom the report was sought that an adverse action was taken based upon information contained in the report and provide the person with the name and address of the consumer credit agency making the report. This bill would prohibit an employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the information is (1) substantially job-related, meaning that the position of the person for whom the report is sought has access to money, other assets, or trade secrets or other confidential information, and (2) the position of the person for whom the report is sought is a position in the state Department of Justice, a managerial position, that of a sworn peace officer or other law enforcement position, or a position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer. Hide
An Act to Add Section 1279.4 to the Health and Safety Code, to Add Sections 12693.56, 12699.06, and 12713.5 to the Insurance Code, and to Add Article 5.5 (Commencing with Section 14183) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, Relating to Public Health. AB 542 (2009-2010) FeuerSupportNo
Existing law establishes various programs for the prevention of disease and the promotion of health, including, but not limited to, the licensing and regulation of health facilities to be… More
Existing law establishes various programs for the prevention of disease and the promotion of health, including, but not limited to, the licensing and regulation of health facilities to be administered by the State Department of Public Health. Existing law requires specified health facilities to report patient adverse events to the department within 5 days. A violation of these provisions is a misdemeanor. This bill would require the medical director and the director of nursing of a hospital to annually report adverse events and hospital acquired conditions to its governing board. By changing the definition of an existing crime, this bill would impose a state-mandated local program. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. This bill would require the State Department of Health Care Services to convene a technical working group to evaluate options for implementing nonpayment policies and practices for hospital acquired conditions for the Medi-Cal program, as specified. This bill would require the technical working group to provide the best options to the Director of Health Care Services, the Secretary of California Health and Human Services, and the Legislature by February 1, 2011. This bill would also require the department to implement nonpayment policies and procedures for hospital acquired conditions for the Medi-Cal program, as specified. Existing law imposes various functions and duties on the Managed Risk Medical Insurance Board with respect to the regulation and administration of various insurance programs, including the Healthy Families Program. This bill would require certain managed care plans contracting with the board to implement nonpayment policies and practices for hospital acquired conditions that are consistent with those adopted by the Medi-Cal program through their contracts with health care facilities, as defined. 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. Hide
An Act to Amend Section 5387 Of, and to Add Section 5387.3 To, the Public Utilities Code, and to Amend Sections 1803 and 13369 Of, and to Add Section 14602.9 To, the Vehicle Code, Relating to Charter-Party Carriers. AB 636 (2009-2010) JonesSupportYes
(1)The Passenger Charter-Party Carriers Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public… More
(1)The Passenger Charter-Party Carriers Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission. The act makes it unlawful, among other things, for the owner of a charter-party carrier of passengers to permit the operation of any vehicle upon any public highway for compensation without having obtained from the commission a certificate or permit, as specified, pursuant to the act. This bill would require the commission to permanently revoke the authority to operate a charter-party carrier or to permanently bar from receiving a permit or certificate from the commission a charter-party carrier that, among other things, operates a bus without having been issued a permit from the commission, operates a bus with a permit that was suspended by the commission for specified reasons, has one or more buses improperly registered with the Department of Motor Vehicles, or knowingly employs a busdriver who has not been issued the required driver’s license of the proper class, a passenger vehicle endorsement, or the required certificate to drive a bus. The bill also would suspend for a period of 5 years a person who drives a bus for a charter-party carrier without having been issued the proper driver’s license of the proper class, passenger vehicle endorsement, or the required certificate from driving a bus of any kind. The bill would require the Department of Motor Vehicles to refuse to issue or renew, or to suspend or revoke, that person’s passenger vehicle endorsement and would provide that such a person would be ineligible for a passenger vehicle endorsement that would permit him or her to drive a bus, as defined, for 5 years. The bill would also authorize a charter-party carrier subject to the bar described above, that has received a notice of refusal or revocation of its permit to operate pursuant to these provisions, to submit a written request for a specified hearing within 15 days after the mailing of the notice. The bill would authorize an officer of the Department of the California Highway Patrol to impound a bus of a charter-party carrier that is operating a bus without having been issued a permit or certificate from the commission, operates a bus with a suspended permit or certificate from the commission, or is operating a bus that is being driven by a driver to whom the appropriate driver’s license of the proper class, a passenger vehicle endorsement, or the required certificate has not been issued. The bill would also prohibit the commission from issuing a new permit or certificate to operate a charter-party carrier if an officer, director, or owner of that charter-party carrier was an officer, director, or owner of a charter-party carrier that had its authority to operate as a charter-party carrier permanently revoked by the commission or was permanently barred from receiving a permit or certificate from the commission pursuant to these provisions. (2)Under existing law, a violation of the Passenger Charter-Party Carriers Act, or a violation of an order or direction of the commission issued pursuant to the act, is a crime. Because the provisions of this bill would be a part of the act and because a violation of those provisions or of an order or decision of the commission implementing those provisions would be a crime, the bill would impose a state-mandated local program by creating new crimes. (3)Existing law requires the clerk of a court in which a person was convicted of a violation of the Vehicle Code to prepare within 5 days after conviction and immediately forward to the Department of Motor Vehicles an abstract of the record of the court covering the case in which the person was so convicted. This bill would expand the Vehicle Code violations that the clerk of a court is required to report to the department to include violations of specified provisions of the Public Utilities Code, which include driving a bus for a charter-party carrier without having a current and valid driver’s license of the proper class, a passenger vehicle endorsement, or the required certificate, as specified. (4)This bill would incorporate additional changes in Section 1803 of the Vehicle Code proposed by AB 134, that would become operative only if AB 134 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (5)This bill would become operative only if AB 951 of the 2009–10 Regular Session is enacted and becomes operative on or before January 1, 2010. (6)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. Hide
An Act to Amend Sections 17024.5 and 23051.5 of the Revenue and Taxation Code, Relating to Taxation. AB 692 (2009-2010) CalderonSupportNo
The Personal Income Tax Law and the Corporation Tax Law impose income and corporation taxes in specified conformity to federal income tax laws. This bill would clarify the applicability of specified… More
The Personal Income Tax Law and the Corporation Tax Law impose income and corporation taxes in specified conformity to federal income tax laws. This bill would clarify the applicability of specified federal income tax interpretations. This bill would incorporate changes proposed to 2 statutes by this bill and AB 1580 if both bills are chaptered and this bill is chaptered last. Hide
An Act to Amend Section 19050.8 of the Government Code, Relating to Civil Service Appointments. AB 755 (2009-2010) BrownleySupportNo
Existing law authorizes the State Personnel Board to prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies or between jurisdictions for… More
Existing law authorizes the State Personnel Board to prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies or between jurisdictions for specified time limits, for the purpose of providing training to employees, enabling an agency to obtain expertise needed to meet a compelling program or management need, or facilitating the return of injured employees to work. This bill would provide that a temporary assignment or loan shall not exceed 4 years, as specified. Existing law also requires a temporary assignment or loan between educational agencies or jurisdictions to be extended for up to 2 additional years upon a finding that the extension is necessary to substantially complete work on an educational improvement project. This bill would delete that provision and would instead prohibit a temporary assignment or loan between educational agencies or jurisdictions from exceeding 4 years of total time per individual performing the duties of a represented classification in any combination of assignments or loans. Hide
Relative to the Colombia-United States Free Trade Agreement. AJR 27 (2009-2010) TorricoSupportYes
This measure would urge the United States Congress to oppose a free trade agreement between the United States and Colombia.
An Act to Amend Section 32126 Of, and to Add Section 32121.6 To, the Health and Safety Code, Relating to Local Health Care Districts. SB 1240 (2009-2010) CorbettSupportNo
Existing law, the Local Health Care District Law, provides for the formation of local health care districts and, until January 1, 2011, authorizes each local district to transfer, at fair market… More
Existing law, the Local Health Care District Law, provides for the formation of local health care districts and, until January 1, 2011, authorizes each local district to transfer, at fair market value, any part of its assets to one or more corporations to operate and maintain the assets. Commencing January 1, 2011, existing law, instead, restricts these transfers only to nonprofit corporations. This bill would, notwithstanding any provision of law, require, with certain exceptions, when a district is under contract with a public or private entity to operate a district facility, the district and the public or private entity that operates the district facility to (1) require that assets of any facility within the geographic boundaries of the district and owned by the district be used exclusively for the benefit of a facility owned by the district, except as specified, (2) require the hospital and the operating entity to annually undergo an independent financial audit and that the resulting report be made public, and (3) preclude, in the case of a subsequent sale of the facility or any assets of the district to the operating entity, any losses incurred by the entity in the operation of the facility from being used as a credit against the purchase price of the facility or other district assets. Existing law permits a health care district board of directors to provide for the operation and maintenance through tenants of the whole or any part of a hospital acquired or constructed by it, and for that purpose may enter into a lease agreement that it believes will best serve the interest of the district. This bill would, instead, permit those lease agreements only to the extent that the agreement does not provide benefits to the tenants beyond those reasonably necessary to ensure the operation of the hospital for the benefit of the district and allow the tenant to recoup its capital investments made during the lease agreement. By requiring that districts comply with these requirements, 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. This bill would incorporate additional changes in Section 32126 of the Health and Safety Code, proposed by S.B. 894, to be operative only if S.B. 894 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. Hide
An Act to Add Sections 17060 and 23603 to the Revenue and Taxation Code, Relating to Taxation. SB 1391 (2009-2010) YeeSupportNo
The Personal Income Tax Law and the Corporation Tax Law authorize various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by those laws. This… More
The Personal Income Tax Law and the Corporation Tax Law authorize various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by those laws. This bill would require a taxpayer, as described, doing business in California that claims a business tax incentive, as provided, to submit to the Franchise Tax Board on the original return specified information, including the number of employees employed by the taxpayer in the state. The bill would also require, in cases in which a taxpayer has a disqualifying event resulting in a net decrease in the number of full-time employees for a business tax incentive added by statute on or after January 1, 2011, the business tax incentive to be recaptured, and the taxable amount computed in accordance with specified procedures. Hide
An Act to Amend Sections 25740 and 25741 Of, and to Add Section 25741.5 To, the Public Resources Code, and to Amend Sections 399.11, 399.12, and 399.17 Of, to Amend and Renumber Sections 399.13 and 399.16 Of, to Add Sections 399.18, 399.30, and 399.31 To, to Add Article 11 (Commencing with Section 910) to Chapter 4 of Part 1 of Division 1 Of, to Repeal Section 387 Of, and to Repeal and Add Section 399.15 Of, the Public Utilities Code, Relating to Energy, and Making an Appropriation Therefor. SB 14 (2009-2010) SimitianSupportNo
(1)Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. Existing law requires the PUC to require… More
(1)Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. Existing law requires the PUC to require the state’s 3 largest electrical corporations, Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern California Edison, to identify a separate electrical rate component to fund programs that enhance system reliability and provide in-state benefits. This rate component is a nonbypassable element of local distribution and collected on the basis of usage. Existing PUC resolutions refer to the nonbypassable rate component as a “public goods charge.” The public goods charge moneys are collected to support cost-effective energy efficiency and conservation activities, public interest research and development not adequately provided by competitive and regulated markets, and renewable energy resources. The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission). Existing law establishes the Renewable Resource Trust Fund as a fund that is continuously appropriated, with certain exceptions for administrative expenses, in the State Treasury and requires that certain moneys collected to support renewable energy resources through the public goods charge are deposited into the fund and authorizes the Energy Commission to expend the moneys pursuant to the Renewable Energy Resources Program. The program states the intent of the Legislature to increase the amount of electricity generated from eligible renewable energy resources per year so that amount equals at least 20% of total retail sales of electricity in California per year by December 31, 2010. This bill would revise the Renewable Energy Resources Program to state the intent of the Legislature to increase the amount of electricity generated from eligible renewable energy resources per year, so that amount equals at least 33% of total retail sales of electricity in California per year by December 31, 2020. The bill would revise certain terms used in the program and revise certain eligibility criteria for a renewable electrical generation facility, as defined, pursuant to the program. The bill would require the Energy Commission, by May 31, 2010, to report to the Legislature whether out-of-state, run-of-river hydroelectric generating facilities should be considered renewable electric generating facilities, as defined. (2)Existing law expresses the intent of the Legislature, in establishing the California Renewables Portfolio Standard Program (RPS program), to increase the amount of electricity generated per year from eligible renewable energy resources, as defined, to an amount that equals at least 20% of the total electricity sold to retail customers in California per year by December 31, 2010. This bill would express the intent that the amount of electricity generated per year from eligible renewable energy resources be increased to an amount that equals at least 20% of the total electricity sold to retail customers in California per year by December 31, 2013, and 33% by December 31, 2020. (3)The Public Utilities Act imposes various duties and responsibilities on the PUC with respect to the purchase of electricity and requires the PUC to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation, as defined, pursuant to the RPS program. The RPS program requires that a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, but not including local publicly owned electric utilities, purchase a specified minimum percentage of electricity generated by eligible renewable energy resources in any given year as a specified percentage of total kilowatthours sold to retail end-use customers each calendar year. The RPS program requires the PUC to implement annual procurement targets for each retail seller to increase its total procurement of electricity generated by eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales of electricity are procured from eligible renewable energy resources no later than December 31, 2010. Existing law requires the PUC to make a determination of the existing market cost for electricity, which PUC decisions call the market price referent, and to limit an electrical corporation’s obligation to procure electricity from eligible renewable energy resources, that exceeds the market price referent, to an amount collected through the renewable energy public goods charge. This bill would instead require the PUC to require that a retail seller procure the following percentages of electricity from eligible renewable energy resources by the following dates: (A) Until December 31, 2012, the same percentage as actually achieved by the retail seller during 2009; (B) 20% by December 31, 2013; (C) 25% by December 31, 2016; and (D) 33% by December 31, 2020. The bill would authorize the PUC to permit a retail seller to delay compliance with (B) or (C) procurement levels when specified circumstances are present, but would not authorize the PUC to permit a retail seller to delay compliance with the (D) procurement level. The bill would delete the existing market price referent provisions and instead require the PUC to establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with eligible renewable energy resources, in consideration of, and reflecting, certain matters. The bill would require the PUC to establish a limitation on the annual expenditures made above the market price, by an electrical corporation, in order to achieve the procurement levels established by the PUC. The bill would require the PUC to permit an electrical corporation to limit its procurement of electricity from eligible renewable energy resources to that quantity that can be procured at or below the market prices established by the PUC, up to the limitation. The bill would delete an existing requirement that the PUC adopt flexible rules for compliance for retail sellers. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the provisions of this bill are within the act and require action by the PUC to implement its requirements, a violation of these provisions would impose a state-mandated local program by expanding the definition of a crime. (4)Under existing law, the governing board of a local publicly owned electric utility is responsible for implementing and enforcing a renewables portfolio standard for the utility that recognizes the intent of the Legislature to encourage renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. This bill would repeal this provision and instead make certain of the requirements of the RPS program, as discussed below, applicable to local publicly owned electric utilities. By placing additional requirements upon local publicly owned electric utilities, the bill would impose a state-mandated local program. (5)Existing law requires the Energy Commission to certify eligible renewable energy resources, to design and implement an accounting system to verify compliance with the RPS requirements by retail sellers, and to develop tracking, accounting, verification, and enforcement mechanisms for renewable energy credits, as defined. This bill would require the Energy Commission to design and implement an accounting system to verify compliance with the RPS requirements by retail sellers and local publicly owned electric utilities. The bill would require the Energy Commission, among other things, to adopt regulations specifying procedures for enforcement of the RPS requirements that include a public process under which the Energy Commission is authorized to issue a notice of violation and correction with respect to a local publicly owned electric utility and for referral to the State Air Resources Board for penalties imposed pursuant to the California Global Warming Solutions Act of 2006. The bill would require that the RPS established for a local publicly owned electric utility require it to procure the following percentages of electricity from eligible renewable energy resources by the following dates: (A) Until December 31, 2012, the same percentage as actually achieved by the utility during 2009; (B) 20% by December 31, 2013; (C) 25% by December 31, 2016; and (D) 33% by December 31, 2020. The bill would provide that the local publicly owned electric utility retains discretion with respect to certain matters in complying with the RPS, would require that certain notices be given by the utility when adopting and periodically revising its procurement plan, and would require the utility to report certain information relative to RPS compliance to the Energy Commission and its customers. (6)Existing law requires the PUC to prepare and submit to the Governor and the Legislature a written report annually before February 1 of each year on the costs of programs and activities conducted by an electrical corporation or gas corporation that have more than a specified number of customers in California. The bill would require the PUC to prepare and submit to the policy and fiscal committees of the Legislature, annually before February 1 of each year, a report on (A) all electrical corporation revenue requirement increases associated with meeting the renewables portfolio standard, (B) all cost savings experienced, or costs avoided, by electrical corporations as a result of meeting the renewables portfolio standard, (C) all costs incurred by electrical corporations for incentives for distributed and renewable generation, (D) all cost savings experienced, or costs avoided, by electrical corporations as a result of incentives for distributed generation and renewable generation, (E) specified costs for which an electrical corporation is seeking recovery in rates that are pending determination or approval by the PUC, (F) the decision number of each PUC decision in the prior year authorizing an electrical corporation to recover costs incurred in rates, and (G) any changes in the prior year in load serviced by an electrical corporation. (7)This bill would appropriate $322,000 from the Public Utilities Commission Utilities Reimbursement Account to the PUC for additional staffing to identify, review, and approve transmission lines reasonably necessary or appropriate to facilitate achievement of the renewables portfolio standard. (8)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 specified reasons. Hide
An Act to Amend Section 1156.3 of the Labor Code, Relating to Employment. SB 1474 (2009-2010) SteinbergSupportNo
Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining… More
Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law provides for a secret ballot election for employees in agricultural bargaining units, as defined, to select labor organizations to represent them