Existing law makes it a misdemeanor for any person to possess nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or to knowingly and with the intent to do so be under the influence of nitrous oxide or any material containing nitrous oxide. This bill would provide, in addition, that it is a misdemeanor to sell or give away a device, canister, tank, or receptacle exclusively containing nitrous oxide, or exclusively containing a chemical compound mixed with nitrous oxide, to a person under 18 years of age, as specified. The bill would require the court to consider ordering a defendant to perform community service as a condition of probation. The bill would specify that it is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age. A defendant who uses this defense would have the burden of proof by a preponderance of the evidence. The bill would further provide that, for the purpose of preventing a violation of the requirement, any person may refuse to sell or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to produce adequate proof of age of majority. The bill would require a court to suspend the business license of a repeat offender under these provisions, except as specified. The bill would provide that its provisions do not apply to the sale of nitrous oxide contained in food products for use as a propellant or to the administration of nitrous oxide by licensed medical and dental practitioners or those they supervise, as specified. By creating a new 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.
Sponsored bills
Existing law contains provisions relating to supervision of continuing care contracts, including requirements governing continuing care communities and contracts. Existing law requires the State Department of Social Services to regulate activity relating to continuing care contracts, and requires that continuing care retirement communities maintain an environment that enhances residents' independence and self-determination and in that regard imposes various requirements on a care provider. Existing law defines various terms for purposes of those contracts and requirements, and imposes specified civil and criminal penalties for violations of those provisions. This bill would define the term "permanent closure" for purposes of those provisions, to mean prescribed events that will cause the relocation of residents. This bill would impose various requirements on a provider with respect to the permanent closure of a continuing care retirement community facility, or a portion thereof, as specified, including providing 120 days' written notice to the department, and affected residents or designated representatives of these residents of the intended date of closure of a facility. The bill would require a provider, no less than 90 days prior to the permanent closure of a continuing care retirement community facility, or a portion thereof, to provide the department, affected residents and their representatives, and the local long-term care ombudsman program, with a written closure and relocation plan for the facility, containing specified information. The bill would require the department to monitor the implementation of the closure and relocation plan, as necessary, to ensure full compliance by the provider, and would prohibit a provider from taking any action to relocate a resident or to close the facility, until the plan has been prepared and submitted to the department by the provider and provided to the affected residents of the facility, the affected residents' designated representatives, and the local long-term care ombudsman program. The bill would also require the provider, in the case of a permanent closure, to offer the resident the choice of replacement housing, monetary compensation equal to the remaining value of the contract, or an alternative arrangement mutually agreed upon by the provider and the resident. Because this bill would change the definition of 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.
(1) Existing law provides for the Controller to offset, among other things, amounts due to various public agencies from a person or entity, against any amount owing that person or entity from state income, franchise, and sales and use tax refunds and winnings in the California State Lottery. This bill would require the Controller, to the extent feasible, to offset amounts overdue and unpaid for nonpayment of a bridge toll or high-occupancy toll lane fee by a person or entity against state income, franchise, and sales and use tax refunds and winnings in the California State Lottery due to that person or entity, as specified. To the extent insufficient funds are available to satisfy offset requests from all agencies, the bill would provide that the toll agency shall rank with cities and counties in priority for payment. (2) Existing law specifies the powers and duties of the Department of Transportation, the Metropolitan Transportation Commission, and the Bay Area Toll Authority with respect to the collection and expenditure of toll revenue from the 7 state-owned toll bridges within the geographic jurisdiction of the commission. Existing law provides a funding plan from various sources, including bridge tolls and state funds, for seismic safety improvement projects for certain of the state-owned toll bridges pursuant to a statutory schedule of cost estimates for each toll bridge. Existing law identifies specified cost overruns beyond those cost estimates for bridges in the geographic jurisdiction of the Metropolitan Transportation Commission, provides a funding plan in that regard, and appropriates various revenues for this purpose. Existing law requires the Bay Area Toll Authority to provide the funding for any additional cost overruns beyond the amounts identified in the funding plan, including revenues from increasing the $1 seismic toll surcharge. Existing law provides for revenues identified in the funding plan to be shared between the state and the authority pursuant to a specified formula to the extent the cost overruns are less than estimated. This bill would add seismic safety improvement projects on the Antioch and Dumbarton Bridges to the toll bridge seismic safety program. The bill would provide that surplus cost overrun revenues to be shared between the state and the Bay Area Toll Authority be redirected to the authority for the Antioch and Dumbarton seismic safety projects, and would appropriate those funds for that purpose. The bill would require the authority to provide all other funds necessary to complete those seismic safety projects. The bill would provide for the authority to increase tolls on all Bay Area state-owned toll bridges in that regard. The bill would continuously appropriate to the department all amounts paid to the department by the authority for various purposes relative to the toll bridges. The bill would also authorize the authority to make contributions to the commission in furtherance of the exercise of the authority's powers, as specified. (3) Existing law provides for a cooperative agreement between the Department of Transportation and the Bay Area Toll Authority and imposes other related requirements relative to project oversight and control responsibilities for the Bay Area toll bridge seismic safety projects. This bill would provide that those provisions would also apply to the Antioch and Dumbarton bridge seismic safety projects. (4) Existing law provides for maintenance expenditures on Bay Area state-owned toll bridges to be funded from the State Highway Account or from toll revenues, as specified. This bill would provide that maintenance expenditures that are to be funded from toll revenues shall be funded from toll revenues remaining after payment of all obligations of the Bay Area Toll Authority that are secured by toll revenues. (5) Existing law specifies the basic uniform toll rate for various classes of vehicles for all of the Bay Area state-owned toll bridges, but authorizes the authority to increase tolls as may be necessary to meet bond obligations. This bill, notwithstanding these provisions, would authorize the authority to vary the toll structure on each bridge and to provide discounts for vehicles classified by the authority as high-occupancy vehicles. (6) Existing law provides for the Department of Transportation, in cooperation with various agencies, to develop and adopt functional specifications and standards for an automatic vehicle identification system for toll collection purposes on toll facilities. This bill would require the Bay Area Toll Authority, in its role as the administrator of the automatic vehicle identification system, among other things, to provide a cash-based opportunity for customers to obtain an account for paying tolls that does not require the customer to provide a name or address. (7) Existing law authorizes the Bay Area Toll Authority to reduce the amount of the seismic toll surcharge to encourage electronic toll payment. This bill would delete this provision. (8) This bill would also require the Bay Area Toll Authority to contract with a nationally recognized independent entity with expertise in privacy issues associated with the electronic transmission and storage of data to conduct a review and an analysis of the privacy issues associated with the authority's electronic toll payment collection system, and to report to the Legislature in that regard by January 31, 2011. The bill would thereby impose a state-mandated local program. (9) The bill would enact other related provisions. (10) 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.
Existing law requires the State Department of Public Health to develop information about meningococcal disease, by April 1, 2002, and make it available to each requesting degree-granting public and private postsecondary institution and to each requesting school district. Existing law authorizes the department to design and implement a public awareness campaign to reach members of the population identified as being at high risk for contracting the disease. This bill would, instead, require the department to develop information about meningococcal disease, including information pertaining to children who are between 11 and 18 years of age, by April 1, 2010. The bill would authorize the State Department of Education to add this information to any health education material sent home to parents of students who are at least 11 years of age.
(1) Existing law provides for the regulation and licensing of pilots for the Bays of San Francisco, San Pablo, Suisun, and Monterey by the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. Existing law requires the board to adopt standards and a training program for pilots, inland pilots, and pilot trainees. This bill would instead require the board to adopt training standards and a training program for pilot trainees, and continuing education standards and a continuing education program for pilots and inland pilots. The bill would require that fees from the surcharge for each movement of a vessel using pilot services used for a training program for pilots and inland pilots be used instead to fund a pilot and inland pilot continuing education program. (2) Existing law provides that all records of the board relating to the personal information of a pilot are confidential and shall not be open to public inspection. This bill would include within that provision personal information of an inland pilot, a pilot trainee, and an applicant to the pilot training program. The bill would also revise the information that is required to be in a pilot's or inland pilot's record of account to exclude the name of the vessel's master and where the vessel is registered. (3) Existing law specifies the rates of pilotage for vessels entering or leaving Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun through the Golden Gate Bridge. Existing law establishes the mill rate chargeable to those vessels and authorizes that rate to be changed under certain circumstances, including when the number of licensed pilots is reduced to 60 pilots or falls below 60 pilots. This bill would eliminate the general requirement to change the rate under certain circumstances and instead require that the mill rate in effect on January 1, 2006, be changed, as provided, if the number of pilots licensed by the board is fewer than 60. The bill would also provide that these new requirements would become inoperative if on or after January 1, 2010, the number of pilots licensed by the board is equal to or greater than 60. (4) Existing law also imposes an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the Board of Pilot Commissioners to recover the pilots' costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. This bill would also require, until January 1, 2011, a movement fee as is necessary and authorized by the board to be paid as a navigation technology surcharge in order to recover the pilots' costs for the purchase, lease, or maintenance of navigation software, hardware, and ancillary equipment purchased after November 5, 2008, and before January 1, 2011. Existing law requires that all moneys received by the Board of Pilot Commissioners pursuant to the provisions of any law shall be paid into the State Treasury to the credit of the Board of Pilot Commissioners' Special Fund and are continuously appropriated to the board for the payment of the compensation and expenses of the board and its officers and employees. By increasing the amount of revenue deposited into a continuously appropriated fund and by authorizing the expenditure of money in that fund for a new purpose, the bill would make an appropriation. (5) The bill would also make technical changes.
Existing law establishes the University of California (UC) as a public trust administered by the Regents of the University of California. Employees of the UC provide instruction to students and conduct research at each of the 10 campuses of the UC, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. Existing law establishes the California State University (CSU) , under the administration of the Trustees of the California State University, as one of the other segments of public postsecondary education in this state. This bill would require the Department of General Services, to negotiate and establish a model contract with standard contract provisions with both the regents and the trustees by July 1, 2010. The trustees would be required to, and the regents would be urged to, negotiate and establish with the Department of General Services the model contract applicable to their university by July 1, 2010. The bill would define the term contract to mean a research, training, or service agreement between the state and the UC or CSU, or a grant from the state to the UC or CSU for research, training, or service. The bill would require that, to the extent feasible, these standard contract provisions include, but not necessarily be limited to, provisions relating to specified legal issues. The bill would require that the standard provisions in a model contract agreed upon under the bill be used in contracts entered into between the UC or CSU and the state, unless both contracting parties mutually determine that a specific standard contract provision is inappropriate or inadequate for a specific contract. The bill would authorize the Department of General Services to use the services of any state agency, defined to include every state office, officer, department, division, bureau, board, and commission, in implementing the bill. The bill would make the CSU and UC responsible for the Department of General Services' facilitation and associated support costs required to implement the bill.
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 every employer to establish a medical treatment utilization review process, in compliance with specified requirements, either directly or through its insurer or an entity with which the employer or insurer contracts for these services. Existing law authorizes an employer or insurer to establish or modify a medical provider network for the provision of medical treatment to injured employees, and to submit a medical provider network plan to the administrative director for approval. Existing law permits employers to enter into contracts for the provision of medical services to injured employees with a health care organization that has been certified by the administrative director for this purpose. This bill provides that, regardless of whether an employer has established a medical provider network or entered into a contract with a health care organization, an employer that authorizes medical treatment shall not rescind or modify the authorization for the portion of the medical treatment that has been provided after that treatment has been provided for any reason, including, but not limited to, the employer's subsequent determination that the physician who treated the employee was not eligible to treat that injured employee. This bill provides that its provisions shall not be construed to expand or alter the benefits available under, or the terms and conditions of, any contract, including, but not limited to, existing medical provider network and health care organization contracts. The bill would also provide that its provisions shall not be construed to impact the ability of the employer to transfer treatment of an injured employee into a medical provider network or health care organization. The bill would further provide that its provisions shall not be construed to establish that a provider of authorized medical treatment is the primary care physician for specified purposes.
This measure would recognize the pioneering work of promotores and community health workers in delivering vital and cost-effective health care services in communities throughout California and declare October 2009 as California Promotores Month.
This measure would designate the month of October 2009 as Extended Opportunity Programs and Services Month to honor the mission and purposes of the Extended Opportunity Programs and Services.
This measure would make various statements regarding the importance of New United Motor Manufacturing, Inc. (NUMMI) to the California economy and would declare the necessity for the Legislature to utilize its vested powers to keep NUMMI in California.