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. Existing law requires that every health care service plan contract or group health insurance policy that provides for termination of coverage of a dependent child upon attainment of the limiting age for dependent children shall also provide that attainment of the limiting age shall not terminate the coverage of a child under certain conditions. This bill would prohibit, with a specified exception, the limiting age for dependent children covered by these health care service plan contracts and group health insurance policies from being less than 27 years of age. The bill would also provide that no employer is required to pay the cost of coverage for dependents who are at least 23 years of age, but less than 27 years of age. The bill instead would authorize subscribers and insureds to elect to provide coverage to those dependents by contributing the premium for that coverage. Because this bill would specify additional requirements under the Knox-Keene Act, the willful 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.
Sponsored bills
Existing law, the Leroy Greene California Assessment of Academic Achievement Act, requires each school district, charter school, and county office of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests. This bill would, commencing July 1, 2010, exclude pupils in grade 2 from the standards-based achievement test requirement and make conforming changes.
Existing law requires the Department of Justice to maintain certain information related to firearms transactions. This bill would extend those provisions to information concerning the registration of large-capacity magazines, as specified. Existing provides that commencing January 1, 2000, and subject to exceptions, any person who manufacturers or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends any large-capacity magazine is guilty of an offense. This bill would, commencing January 1, 2011, and subject to specified exceptions, prohibit the possession of large-capacity magazines. Violation of these provisions would be punishable by imprisonment in a county jail not exceeding one year. By creating a new crime, this bill would impose a state-mandated local program. This bill would, commencing January 1, 2011, and subject to exceptions, require registration of large-capacity magazines with the Department of Justice. The bill would require registration of large-capacity magazines no later than January 1, 2011, for magazines that are already possessed, as specified, and would provide that large-capacity magazines acquired after January 1, 2011, be registered within 30 days of taking possession. The bill would establish exceptions to these provisions. The bill would require local and state entities to register their large-capacity magazines as institutionally owned, as specified, and would require those entities to report to the department the disposition of large-capacity magazines by those entities that constitute a nuisance, as specified. The bill would authorize the Department of Justice to charge a fee, not to exceed $20, for registration of large-capacity magazines, and would authorize increases in that fee, as specified. The bill would exempt local and state entities from that registration fee. By imposing additional duties on local governments in connection with the registration of large-capacity magazines and the disposition of large-capacity magazines that are a nuisance, this bill would impose a state-mandated local program. Existing law authorizes the Department of Justice to issue a permit to a licensed firearms dealer for the purpose of transporting, possessing, and selling a large-capacity magazine to an out-of-state purchaser. This bill would require the registration of large-capacity magazines that are subject to those provisions, and notification to the department of the identity of the purchaser, 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 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.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes and avoid institutionalization. Existing law permits 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 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. Existing law, enacted in 2009, makes various statutory changes with respect to the provision of in-home supportive services, relating to matters, including, but not limited to, provider enrollment procedures, criminal background checks, orientation, and duties, as well as eligibility standards for recipients, unannounced home visits, and program integrity and fraud prevention. This bill would make the operation of the statutory changes described above subject to a stakeholder process, to be conducted, as specified, by the State Department of Social Services, prior to the implementation of those changes. The bill would require implementation of any of the statutory changes described in the bill to occur either on the date specified in an applicable statute, or 60 days after the department notifies the Joint Legislative Budget Committee that the changes may be implemented, whichever is later. This bill would prohibit information notices relating to the implementation of these statutory changes from being sent to recipients or providers until the stakeholder process is completed. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, until July 1, 2012, requires every health studio, as defined, to acquire an automatic external defibrillator, provides immunity for use or nonuse of the devices, except as specified, and establishes standards for the devices, including, but not limited to, maintenance and staff training regarding proper use. This bill would extend the requirements to acquire an automatic external defibrillator to July 1, 2014, however, the immunity provisions and the standards governing the maintenance of the device and the training of personnel in the use of the device would remain in effect after that date if the entities that are subject to the bill elect to continue the installation of the device, as specified. The bill would require that records of a readiness check on a defibrillator be maintained for 2 years after the check. The bill would also, beginning July 1, 2010, apply these requirements and this immunity to golf courses and amusement parks, as defined.
Existing law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow individual taxpayers to designate on their tax returns, that a specified amount in excess of their tax liability be transferred to the Safely Surrendered Baby Fund, which would be created by this bill. This bill would provide that all moneys contributed to the fund, upon appropriation by the Legislature, be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the State Department of Social Services for programs to increase public awareness and outreach regarding the Safely Surrendered Baby Law, as specified. This bill would provide that these voluntary contribution provisions are repealed on either January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income 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 existing California Occupational Safety and Health Act of 1973 was enacted to assure safe and healthful working conditions by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. The Occupational Safety and Health Board, an independent entity within the Department of Industrial Relations, has exclusive authority to adopt occupational safety and health standards within the state. This bill would require the Occupational Safety and Health Standards Board, by July 1, 2011, to adopt a standard for controlling the risk of occurrence of heat illness where employees work indoors.
Under existing law, unemployment compensation benefits are based on wages paid in a base period that is calculated according to the month within which the benefit year begins. This bill would, for new claims filed on or after January 1, 2010, for which a valid claim or benefit year cannot be established under the currently defined base periods, establish alternative base periods, as provided. This bill would also require a claimant to submit specified information regarding wages to the Employment Development Department via an affidavit, under specified conditions. Because this measure would increase the amount of unemployment compensation paid, it would make an additional amount payable from the Unemployment Fund, a continuously appropriated special fund, and thereby would make an appropriation. Because this measure would require specified information to be submitted to the Employment Development Department on an affidavit, the submission of which, if false, is a misdemeanor under existing law, it would impose a state-mandated 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 California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property acquired through a pattern of criminal profiteering activity and for the forfeiture of the proceeds of a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes. This bill would include abduction or procurement by fraudulent inducement for prostitution within the definition of criminal profiteering activity, as specified. Under the California Control of Profits of Organized Crime Act, in all cases where property is forfeited and, if necessary, sold by the Department of General Services or a local governmental entity, the money forfeited or the proceeds of sale are required to be distributed by the state or local governmental entity in accordance with certain procedures, including to the general fund of the state or local governmental entity, whichever prosecutes. The bill would specify that in any case involving human trafficking of minors for purposes of prostitution or lewd conduct, or in any case involving abduction or procurement by fraudulent inducement for prostitution, in lieu of the distribution procedure described above, the proceeds shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs. The bill would also require 50% of the funds deposited in the Victim-Witness Assistance Fund pursuant to this new requirement to be granted to community-based organizations that serve minor victims of human trafficking. Existing law authorizes the sentencing court to impose an additional fine of up to $5,000 on any person convicted of pimping, pandering, or procurement of a child under 16 years of age, as specified. Existing law provides that every fine imposed and collected for a person convicted of pimping, pandering, or procurement of a child under 16 years of age be deposited in the Victim-Witness Assistance Fund to be available for appropriation to the California Emergency Management Agency for grants to child exploitation and child sexual abuse victim counseling centers and prevention programs. This bill would increase the maximum amount of additional authorized fine to $20,000 for any person convicted of procurement of a child under 16 years of age, as specified. The bill would also authorize the court to order a defendant convicted of abducting a person under 18 years of age for the purpose of prostitution to pay an additional fine of $20,000. The bill would require that 50% of those fines collected and deposited in the Victim-Witness Assistance Fund pursuant to these provisions, including the fine authorized in the bill for abducting a minor for the purpose of prostitution, be granted to community-based organizations that serve minor victims of human trafficking. Because this bill would increase the penalty for an existing 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires that a provisional ballot be issued to a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the index of registration or records on file with the county elections official. This bill would require a county elections official to issue a provisional ballot, including any materials necessary to process the ballot, to an emergency worker, as defined. The bill would require the county elections official to transmit the ballot to the county where the voter is registered and would specify requirements for the ballot to be counted and the ballot materials to be preserved. Because the bill would increase duties of 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.