Asm. Tom Ammiano

Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act) , requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding and supplemental funding for site development and acquisition. This bill, on and after July 1, 2011, would require all new construction projects submitted to the Division of the State Architect pursuant to the Greene Act to include locks that allow doors to classrooms and rooms with an occupancy of 5 or more persons to be locked from the inside, except as specified.

Existing law authorizes a physician and surgeon to prescribe, dispense, or administer prescription drugs, including prescription-controlled substances, to an addict under his or her treatment, as specified. Existing law prohibits, except in the regular practice of his or her profession, any person from knowingly prescribing, administering, dispensing, or furnishing a controlled substance to or for any person who is not under his or her treatment for a pathology or condition other than an addiction to a controlled substance, except as specified. Existing law authorizes, until January 1, 2011, and only in specified counties, a licensed health care provider, who is already permitted pursuant to existing law to prescribe an opioid antagonist, as defined, if acting with reasonable care, to prescribe and subsequently dispense or distribute an opioid antagonist in conjunction with an opioid overdose prevention and treatment training program, as defined, without being subject to civil liability or criminal prosecution. Existing law requires a local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program to collect prescribed data and report it to the Senate and Assembly Committees on Judiciary by January 1, 2010. This bill would instead require that this report be made by January 1, 2015, and would also extend the repeal date of these provisions to January 1, 2016. The bill would authorize a person who is not otherwise licensed to administer an opioid antagonist in an emergency without fee if the person has received specified training information and believes in good faith that the other person is experiencing a drug overdose. The bill would prohibit that person, as a result of his or her acts or omissions, from being liable for any violation of any professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antagonist.

Existing law generally regulates the granting and conditioning of parole, and places the duty to monitor parolees on the Division of Adult Parole Operations. Existing law, the Victim's Bill of Rights Act of 2008: Marsy's Law, as added by Proposition 9 at the November 4, 2008, statewide general election, provides that the Board of Parole Hearings or its successor in interest shall be the state's parole authority and shall be responsible for protecting victims' rights in the parole process. This bill would provide that, except as specified, any prisoner who the head physician for the institution where the prisoner is located determines, as provided, is permanently medically incapacitated with a medical condition that renders the prisoner permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, shall be granted medical parole, if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. Those provisions would not apply to any prisoner sentenced to death or life in prison without possibility of parole or to any inmate who is serving a sentence for which parole pursuant to this bill is prohibited by any initiative statute. The bill would provide that these provisions shall not be construed to alter or diminish the rights conferred under the Victim's Bill of Rights Act of 2008: Marsy's Law. The bill would require a physician employed by the Department of Corrections and Rehabilitation who is the primary care provider for a prisoner to recommend that the prisoner be referred to the Board of Parole Hearings for consideration for medical parole if the physician believes the prisoner meets the medical criteria for medical parole. The bill would provide that the Board of Parole Hearings or the Division of Adult Parole Operations shall have the authority to impose any reasonable conditions on prisoners subject to parole pursuant to this bill, including, but not limited to, the requirement that parolees submit to electronic monitoring. Existing law generally provides for the duties and functions of the Department of Corrections and Rehabilitation. Existing law provides that the State Department of Health Care Services is designated as the state agency with full power to supervise every phase of the administration of health care services and medical assistance for which grants-in-aid are received from the federal government or made by the state in order to secure full compliance with the applicable provisions of state and federal laws. This bill would require the Department of Corrections and Rehabilitation to, among other things, seek to enter into memoranda of understanding with the Social Security Administration and the State Department of Health Care Services, in addition to certain other entities, to facilitate prerelease agreements to help inmates initiate benefits claims, as specified. The bill would require the department to reimburse county public hospitals on a quarterly basis for the nonfederal share of Medi-Cal costs incurred by the county for individuals who have been granted medical parole and the county costs for providing health care services that are not allowable under Medi-Cal but are required by the state to be furnished to eligible persons who have been granted medical parole, including public guardianship health care services. The bill would require the department to provide, or provide reimbursement for, services associated with public guardianship of medical parolees, as specified. The bill would authorize the department to provide supplemental reimbursements to providers, as specified. The bill would require the department to establish contracts with appropriate medical providers in cases where medical parolees are ineligible for Medi-Cal, as specified.

Existing law requires the Governor to proclaim certain days each year for specified reasons. Existing law also designates particular days each year as having special significance in public schools and educational institutions and encourages those entities to conduct suitable commemorative exercises on those dates. This bill would require the Governor annually to proclaim January 30 as Fred Korematsu Day of Civil Liberties and the Constitution, would designate that date of each year as having special significance in public schools and educational institutions, and would encourage those entities to observe that date by conducting exercises remembering the life of Fred Korematsu and recognizing the importance of preserving civil liberties.

Existing law provides for the regulation of various professions and vocations, including those of an athlete agent. This bill would make it unlawful for any person to hold himself or herself out as a certified athletic trainer unless he or she has been certified by the Board of Certification, Inc., and has either graduated from a college or university, after completing an accredited athletic training education program, as specified, or completed requirements for certification by the Board of Certification, Inc., prior to January 1, 2004. The bill would make it an unfair business practice to violate these provisions.

Existing law requires the Department of Corrections and Rehabilitation to classify inmates and wards in order to prevent inmate and ward sexual violence and to promote inmate and ward safety, as specified. Existing law also requires the department to consider specified risk factors when classifying and housing inmates. This bill would instead require the department to classify inmates and wards in order to prevent violence and would revise the risk factors, as specified, for assessing inmates or wards for risk of victimization or risk of being abusive, providing different factors based on whether the inmate or ward is being assessed for risk of victimization or of abusive behavior, and based on whether the inmate or ward is in a facility for male or female inmates. The bill would also provide directions to the department related to those risk factors and the placement of inmates and wards. The bill would prohibit the department from requiring an inmate or ward to disclose or report his or her sexual orientation or gender identity and from disciplining or punishing an inmate or ward for failing to disclose or report his or her sexual orientation or gender identity, as provided. The bill would prohibit the above provisions from being construed to require or justify expansion or construction of department facilities.

(1) The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education, with specified exceptions. The act requires private postsecondary educational institutions to comply with various fair business practices, as specified. The act includes transition provisions from the former Private Postsecondary and Vocational Education Reform Act of 1989, which, among other things, provide for the preservation of certain claims and remedies under the former act. This bill would require a remedy that could have been ordered to redress a violation of the former act to remain available for certain actions that were commenced after June 30, 2007, and before January 1, 2010. (2) The act requires private postsecondary educational institutions to annually report to the bureau, and publish various statistics including job placement rates. The act requires job placement rates to be calculated by dividing the number of graduates employed in the field by the number of graduates available for employment for specified programs. The act defines "graduates employed in the field" for the purposes of these provisions. This bill, with respect to occupations or jobs in an apprenticeship program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations or a position for which the Board of Registered Nursing has established licensure requirements, would separately define "graduates employed in the field" for purposes of the reporting requirements.

Existing law requires a person between 6 and 18 years of age not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district where the person's parent or legal guardian is located. Existing law provides various exceptions to this residency requirement, including, but not limited to, authorizing a pupil to attend school in a school district in which his or her parent or guardian is employed. This bill would require a school district to accept a wide range of documents and representations from the parent or guardian of a pupil as reasonable evidence that the pupil meets those residency requirements, including, but not limited to, property tax payment receipts, rental property contract, lease, or payment receipts, utility service contract, lease, or payment receipts, pay stubs, voter registration, correspondence from a government agency, and a declaration of residency executed by the parent or guardian of a pupil who is a homeless child or youth, as defined. The bill, if an employee of a school district reasonably believes that the parent or guardian of a pupil has provided false or unreliable evidence of residency, would authorize a school district to make reasonable efforts to determine whether the pupil actually meets the residency requirements.

Existing law authorizes the Department of Motor Vehicles to issue an identification card to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant for the identification card, and authorizes the department to refuse to issue an identification card under certain circumstances. This bill would establish the Local Government Identification Act, which would authorize county governments to issue identification cards to persons who can provide proof of identity and proof of residency, as specified.

This measure would recognize March 31, 2010, as the anniversary of the birth of César Chávez, and would call upon all Californians to participate in appropriate observances to remember César Chávez as a symbol of hope and justice to all persons.