(1) Existing law, the California Public Records Act, requires any public record of a state or local agency to be open to inspection at all times during office hours of the agency and, upon request, a copy shall be made promptly available to any person upon payment of copying costs. The act makes certain records exempt from disclosure. Existing law provides the Public Utilities Commission with regulatory authority over public utilities and authorizes it to establish its own procedures, subject to statutory limitations and constitutional requirements of due process. The Public Utilities Act requires the commission to investigate the cause of all accidents occurring upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. This bill would subject to the California Public Records Act, except as specified, an order or recommendation made by the commission and any accident report filed with the commission pursuant to these requirements. (2) The Public Utilities Act prohibits the commission or an officer or employee of the commission from disclosing any information furnished to the commission by a public utility, a subsidiary, an affiliate, or corporation holding a controlling interest in a public utility, unless the information is specifically required to be open to public inspection under the act, except on order of the commission or a commissioner in the course of a hearing or proceeding. A violation of that provision is a crime. This bill would repeal that provision and instead provide that all records of, or information furnished to, the commission are public records that shall be subject to the California Public Records Act, unless exempted from disclosure by that act. The bill would provide that any present or former officer or employee of the commission who divulges any information the disclosure of which is exempted or prohibited pursuant to federal or state law is guilty of a misdemeanor. By expanding the scope of a crime, the 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 no reimbursement is required by this act for a specified reason.
Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. The California Health Benefit Exchange is established in state government to facilitate enrollment of qualified individuals in qualified health plans. The State Department of Public Health is authorized to perform specified activities relating to the protection, preservation, and advancement of public health. This bill would require the Department of Managed Health Care, in collaboration with the Department of Insurance, the California Health Benefit Exchange, and the State Department of Public Health, to convene a special committee consisting of specified members to review and evaluate health and wellness incentive and rewards programs offered by health care service plans, health insurers, and employers. The bill would require the committee to evaluate these programs for effectiveness based upon scientific evidence and to examine the extent to which these programs may result in specified discrimination and would require the committee to discuss its findings in a final report submitted to the Assembly and Senate Committees on Health by March 30, 2014, as specified. The bill would require the committee to meet publicly and would require the first meeting to be conducted no later than March 30, 2013.
The Leroy Greene California Assessment of Academic Achievement Act states the intent of the Legislature to provide a system of individual assessment of pupils that has the primary purpose of assisting teachers, administrators, and pupils and their parents to improve teaching and learning. Existing law establishes the Standardized Testing and Reporting Program pursuant to which each school district, charter school, and county office of education is required to administer to each of its pupils in grades 2 to 11, inclusive, the standards-based achievement tests. These provisions are inoperative on July 1, 2014, and as of January 1, 2015, are repealed. This bill would state the intent of the Legislature that the reauthorization of the statewide pupil assessment program include specified plans to reform that program as it relates to grades 7 to 12, inclusive. The bill would require the Superintendent of Public Instruction, in consultation with various groups of individuals and entities, to develop and present to the State Board of Education, by May 30, 2014, recommendations to effectuate those reforms. The bill would require the state board to adopt, or modify and adopt, the recommendations by September 30, 2014. The bill would require the Superintendent and the state board to present to the Governor and the appropriate policy and fiscal committees of the Legislature a schedule and implementation plan. The bill would require the State Department of Education to use specified federal funds or any other available and appropriate state and federal funds to implement these provisions.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and requires a licensed facility that maintains and operates an emergency department to provide emergency services and care to any person requesting the services or care for any condition in which the person is in danger of loss of life or serious injury or illness, as specified. Existing law requires hospitals to maintain a written policy regarding discount payments for financially qualified patients as well as a written charity care policy. Existing law requires a hospital to limit the expected payment for services it provides to certain low-income patients to the highest amount the hospital would expect to receive for providing services from a government-sponsored program of health benefits in which the hospital participates. 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 health care service plans, or their contracting medical providers, to reimburse providers for emergency services and care provided to their enrollees until the care results in stabilization of the enrollee. This bill would require a hospital with an out-of-network emergency utilization rate, as defined, of 50% or more to adjust its total billed charges for emergency services and care provided to a patient prior to stabilization to an amount no greater than 150% of the amount the hospital could expect to receive from Medicare for the services and care. The bill would specify that this provision does not apply to charges billed by emergency physicians, as defined, or to charges provided as treatment for an injury that is compensable for purposes of workers' compensation. The bill would also specify that its provisions do not apply if any other law requires the hospital to limit expected payment for the emergency services and care to a lesser amount, if a contract governs the total billed charges for the emergency services and care, or if a government program of health benefits, as specified, is the primary payer for the emergency services and care. The bill would require health care service plans or their contracting medical providers to reimburse hospitals in accordance with these provisions. Because a willful violation of that reimbursement requirement by a health care service plan or its contracting medical providers 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.
The State Teachers' Retirement Law, which is administered by the Teachers' Retirement Board, prescribes a comprehensive system of rights and benefits for its members, including disability benefits, retirement benefits, and death benefits. Existing law requires the Teachers' Retirement Board to fix the compensation of specified executive and managerial positions, including that of the chief executive officer, system actuary, general counsel, chief investment officer, and other investment officers and portfolio managers whose positions are designated as managerial, and to whom specified procedures and conflict-of-interest provisions apply. This bill would add the positions of chief operating officer and chief financial officer to those positions for which the board is required to fix the compensation and would make the individuals holding those positions subject to those conflict-of-interest provisions. The bill would also prohibit the salaries of the chief operating officer and chief financial officer from exceeding 150 percent of the prevailing salary for the Governor, as specified. The bill would additionally remove the position of chief of staff from those positions that are subject to conflict-of-interest provisions that limit postemployment appearances before, or communication to, the board.
Existing law establishes the Department of Fish and Game and sets forth the duties of that department. This bill would rename the Department of Fish and Game the Department of Fish and Wildlife, and would make related changes. The bill would prohibit existing supplies, forms, insignias, signs, logos, uniforms, or emblems from being destroyed or changed as a result of changing the name of the Department of Fish and Game to the Department of Fish and Wildlife, and would require their continued use until exhausted or unserviceable. The bill would prohibit the department from revising information technology systems or programs sooner than otherwise planned as a result of the change in the name of the department. This bill would also provide that, on or after January 1, 2013, the Department of Fish and Wildlife may be referred to, where appropriate and as deemed by the Director of Fish and Wildlife, as CAL WILD. This bill would prohibit existing supplies, forms, insignias, signs, or logos from being destroyed or changed as a result of authorization to use CAL WILD, where appropriate, to refer to the Department of Fish and Wildlife, and would require their continued use until exhausted or unserviceable.
Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems, and requires the State Department of Public Health to adopt regulations for these purposes. Under existing law, regulations adopted by the department are required to include requirements governing the use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment, where feasible. Existing law requires the department to adopt emergency regulations governing the permitted use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment and requires that these emergency regulations remain in effect until the earlier of January 1, 2014, or the effective date of the required nonemergency regulations. Existing law limits these regulations to public water systems with less than 200 service connections. This bill would, instead, limit these regulations to public water systems with less than 500 service connections, and would require the emergency regulations to remain in effect until the earlier of January 1, 2016, or the effective date of the required nonemergency regulations. Existing law prohibits the department from issuing a permit to a public water system to allow the use of point-of-use treatment, unless the department makes specified determinations. This bill would additionally prohibit the department from issuing a permit to a public water system to allow the use of point-of-entry treatment, unless the department makes specified determinations. The bill would require that prior to the approval of a permit allowing installation of point-of-use or point-of-entry treatment devices, that a water system submit a capital outlay plan outlining the plan for construction of centralized treatment, as specified. The bill also would require the department to conduct a full audit of the water system's finances. The bill would require the department to charge a fee to a public water system that is seeking a permit or an amendment to a permit for purposes of conducting these administrative and regulatory activities.
Existing law provides that in all cases where property used or intended to be used to facilitate any violation of specified controlled substance offenses is seized and forfeited to a state or local governmental entity and, where necessary, sold, the moneys forfeited or the proceeds of sale shall be distributed by the state or local governmental entity to specified persons or entities for specified purposes, including for the purpose of combating drug abuse. Existing law, the Uniform Controlled Substances Act, includes provisions authorizing the seizure and forfeiture of property involved in, or purchased with the proceeds from, a controlled substance offense. This bill would provide that property is deemed to be seized whenever any agency takes possession or control of it. The bill would add provisions that provide that seizing agencies or prosecuting attorneys authorized to bring civil forfeiture proceedings shall not directly or indirectly transfer seized property, including any property seized by state or local law enforcement officers who are detached to, deputized or commissioned by, or working in conjunction with, a federal agency to any federal agency or any governmental entity not created under and subject to state law, unless the court enters an order, as specified, authorizing the property to be transferred. The bill would provide that, where a state or local agency transfers seized property to any federal agency for forfeiture in violation of these provisions, the state or local agency shall be liable to the state in an action brought by the Attorney General or a private attorney for 24% of the proceeds received by the state or local agency from the federal government, to be deposited in the General Fund for expenditure, upon appropriation by the Legislature, for drug prevention and treatment services, and would authorize the recovery of the costs of the suit by the Attorney General or the private attorney.
Existing law authorizes the California Infrastructure and Economic Development Bank to enter into loan agreements with a sponsor or a participating party in order to finance a project related to infrastructure or economic development. Existing law requires the bank to submit an annual report to the Governor and the Joint Legislative Audit Committee on various topics related to the operation of the bank's projects. This bill would authorize the bank, upon appropriation by the Legislature, to enter into participation loan agreements, as defined, with financial institutions for the bank to purchase interests in loans made or held by financial institutions to small businesses. The bill would require the bank, if an appropriation is made to finance the participation loan program, to include in its annual report a summary of the participation loan agreement program, and would require the bank to also submit that portion of the report to the appropriate policy and fiscal committees of the Legislature. The bill would authorize the bank, upon appropriation by the Legislature, to enter into syndicated loan agreements, as defined.
Existing law establishes several developmental centers within the jurisdiction of the State Department of Developmental Services. This bill would permit the real property within the grounds of a developmental center, as specified, that is determined to no longer meet the needs of the state for directly serving persons with developmental disabilities to be made available for lease and be leased, to generate revenue for deposit into the Californians with Developmental Disabilities Fund, which the bill would create. The bill would require moneys in this fund to be made available, upon appropriation by the Legislature, to the department for purposes of serving persons with developmental disabilities.
The Political Reform Act of 1974 regulates the receipt of gifts by public officials and also regulates the activities of members of the lobbying industry, including lobbyist employers. Under existing law, public officials are prohibited from accepting gifts from any single source in any calendar year with a total value of more than $250, as adjusted biennially by the Fair Political Practices Commission. Existing law also prohibits a lobbyist or lobbying firm from giving gifts to a public official aggregating more than $10 in a calendar month or from acting as an agent or intermediary in the making of any gift or arranging for the making of any gift by any other person. This bill would prohibit a lobbyist, lobbying firm, or lobbyist employer from giving to an elected state officer or a member of that officer's immediate family, and would prohibit an elected state officer from accepting from a lobbyist, lobbying firm, or lobbyist employer, certain gifts, including spa treatments, recreational trips, and gift cards. However, under the bill, these prohibitions would not apply to a fundraising event for a bona fide charitable organization. This bill would also prohibit a lobbyist employer from giving to an elected state officer, or a lobbyist, lobbying firm, or lobbyist employer from giving to a member of that officer's immediate family, specified entertainment tickets with face values exceeding $25, including theater, concert, and amateur sporting event tickets. Existing law makes a violation of the Political Reform Act of 1974 subject to administrative, civil, and 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.
(1) Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The existing act makes 1.5% of the funds appropriated for purposes of that program available to the State Department of Education for specified purposes. This bill, for the 2013–14 fiscal year to the 2019–20 fiscal year, inclusive, would require the department to annually transfer $150,000 of those funds to the Commission on Teacher Credentialing through an interagency agreement for purposes of implementing the California After School Teacher Pipeline Program. The bill would state the intent of the Legislature that the Commission on Teacher Credentialing and school districts or county offices of education receiving program funds, as described in (2) , minimize administrative costs to ensure the greatest number of pilot participant grants. (2) Existing law establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. This bill would establish the California After School Teacher Pipeline Program, a pilot program, for purposes of improving the quality and retention of after school personnel and recruiting qualified after school instructors to participate on a pilot basis in the California School Paraprofessional Teacher Training Program. The bill would require the Commission on Teacher Credentialing, in consultation with the State Department of Education, to select up to 4 school districts or county offices of education receiving program funds under the California School Paraprofessional Teacher Training Program to apply for pilot program funds. The bill would require the commission to use the $150,000 annually transferred by the department, as described in (1) above, to award a grant to each selected applicant, not to exceed $3,500 per pilot participant per year. The bill would require the commission, before January 1, 2017, to report to the Legislature and the Superintendent of Public Instruction regarding the pilot program, as specified. The bill would make these provisions inoperative on July 1, 2020, and repeal them on January 1, 2021. (3) The After School Education and Safety Program Act of 2002 authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house. This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.
