This resolution would recognize the month of January 2013, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2013, and each following February 1, as California's Free From Slavery Day.
(1) Existing law requires the Department of Motor Vehicles to issue driver's licenses to applicants who meet specified criteria and provide the department with the required information. Existing law requires the department to establish that the applicant's presence in the United States is authorized under federal law. Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization. This bill would allow persons who provide satisfactory proof, as described, that their presence in the United States is authorized under federal law, but who are not eligible for a social security account number, to receive an original driver's license from the Department of Motor Vehicles if they meet all other qualifications for licensure. (2) Existing law prohibits a person from renting a motor vehicle to another unless the person to whom the vehicle is rented is a validly licensed driver, as specified, and the person renting to that driver has inspected the person's driver's license and compared the signature on the license with the signature of the driver written in his or her presence. This bill would delete the requirement that the signature of the driver be written in his or her presence and would allow the person renting the vehicle to instead compare the photograph on the driver's license of the person with the person to whom the vehicle is to be rented. The bill would also exempt, a "rental company," as defined, from these requirements if the rental is subject to the terms of a membership agreement that allows the renter to gain physical access to a car without a key through use of a code, key card, or by other means that allow the car to be accessed at a remote location or at a business location of the rental company outside of that location's regular hours of operation.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the 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. Commonly referred to as utilization review, existing law governs the procedures that apply to every health care service plan and health insurer that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based on medical necessity, requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees or insureds, as specified. Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, requiring a health care service plan that provides prescription drug benefits to maintain an expeditious process by which prescribing providers, as described, may obtain authorization for a medically necessary nonformulary prescription drug, according to certain procedures. Existing law also requires every health care service plan that provides prescription drug benefits that maintains one or more drug formularies to provide to members of the public, upon request, a copy of the most current list of prescription drugs on the formulary. This bill would impose specified requirements on health care service plans or health insurers that restrict medications for the treatment of pain pursuant to step therapy or fail first protocol. The bill would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing participating plan provider or prescribing provider, as respectively defined, and would, except under certain conditions, prohibit a health care service plan or health insurer from requiring that a patient try and fail on more than 2 pain medications before allowing the patient access to other pain medication prescribed by the prescribing participating plan provider or prescribing provider, as specified. Because a willful violation of the bill's provisions 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.
(1) Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. This bill would require the educational liaison, if designated by the superintendent of the local educational agency, to notify the foster child's attorney and the appropriate representative of the county child welfare agency of pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, if the foster child is an individual with exceptional needs, pending manifestation determinations, as specified. This bill would authorize the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child. (2) Existing law authorizes the district superintendent of schools or other person designated by the district superintendent of schools in writing to extend the suspension of a pupil until the governing board of the school district has rendered a decision in a case where expulsion from any school or suspension from the balance of the semester from continuation school is being processed by the governing board of the school district. Existing law requires that before such an extension is granted that the district superintendent of schools or the district superintendent's designee determine, following a meeting in which the pupil and the pupil's parent or guardian are invited to participate, that the presence of the pupil at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process. This bill would require, if the pupil is a foster child, as defined, the district superintendent of schools or the district superintendent's designee to invite the pupil's attorney and the appropriate representative of the county child welfare agency to that meeting. (3) Existing law authorizes the suspension or expulsion of an individual with exceptional needs in accordance with specified provisions. This bill would require, if the individual with exceptional needs is a foster child, as defined, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, the attorney for the individual with exceptional needs and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. The bill would authorize that invitation to be made using the most cost-effective method possible. (4) Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils and requires these procedures to include, but not necessarily be limited to, a hearing to determine whether the pupil should be expelled, and a written notice of the hearing forwarded to the pupil at least 10 calendar days prior to the date of the hearing. This bill would require, if the decision to recommend expulsion is a discretionary act and the pupil is a foster child, as defined, the governing board of the school district also to provide notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. The bill would authorize, if a recommendation of expulsion is required and the pupil is a foster child, the governing board of the school district also to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. The bill would authorize these notices to be made using the most cost-effective method possible. (5) Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. Existing law also requires a court to appoint counsel for the child if the child is not represented by counsel, unless the court finds that the child would not benefit from the appointment of counsel. Existing law requires counsel appointed for the child to be charged in general with the representation of the child's interests. This bill would, at least once every year and if the list of educational liaisons is available on the Internet Web site of the State Department of Education, (A) require counsel appointed for the child to provide his or her contact information to the educational liaison of each local educational agency serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorize the firm or organization to provide its contact information in lieu of contact information for the individual counsel. The bill would authorize the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's local educational agency. (6) Existing law requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records of the child. Existing law requires the health and education summary to include, but not be limited to, among other things, the names and addresses of the child's health, dental, and education providers. This bill would authorize the health and education summary also to include the name and contact information for the educational liaison of the child's local educational agency. (7) This bill would also make various nonsubstantive changes to the above provisions. (8) This bill would incorporate additional changes in Section 48853.5 of the Education Code, proposed by SB 1568, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. (9) This bill would incorporate additional changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712, to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.
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.
Existing law regulates the voting procedures for special absentee voters, defined as members of the Armed Forces, citizens of the United States temporarily living outside of the territorial limits of the United States or District of Columbia, persons serving on a merchant vessel, and a spouse or dependent of a member of the Armed Forces. Existing law also regulates the voting procedures in federal elections with respect to a citizen of the United States residing outside of the territorial limits of the United States who was domiciled in California immediately prior to leaving the territorial limits of the United States. This bill would revise and recast those provisions, replacing the term "special absentee voter" with the term "military or overseas voter." Under the bill, the term "military or overseas voter" would apply to electors absent from the county in which he or she is otherwise eligible to vote. The term would include a citizen of the United States living outside of the territorial limits of the United States, whether temporarily or permanently, if the citizen was a resident of this state when he or she was last living within the territorial limits of the United States. The bill would also specify that a citizen of the United States born outside of the territorial limits of the United States whose parent or legal guardian was a resident of California when last living within the territorial limits of the United States, provided that the voter has never been registered to vote in another state, is an elector and therefore a resident for purposes of the constitution and other provisions of the Elections Code. This bill would apply the voting procedures for citizens of the United States living outside of the territorial limits of the United States in federal elections to military or overseas voters in all elections, including state and local elections. This bill would also state that it is the intent of the Legislature in enacting this bill to implement the policies of the Uniform Military and Overseas Voters Act, as adopted by the National Conference of Commissioners on Uniform State Laws. This bill would provide new procedures for military or overseas voters to register to vote, to apply for voting ballots, and to vote. Specifically, this bill would, among other things, require unvoted voting materials to be electronically transmitted to a military or overseas voter, and would expand the use of the federal post card application and federal write-in absentee ballot in the state. Because this 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.
(1) Under existing law, a driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction is required to pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle, subject to certain limitations and exceptions. A violation of this provision is an infraction punishable by a fine not exceeding $100 for a first conviction, and up to a $250 fine for a 3rd and subsequent conviction occurring within one year of 2 or more prior infractions. This bill would recast this provision as to overtaking and passing a bicycle by requiring, with specified exceptions, the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. The bill would prohibit, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. The bill would make a violation of these provisions an infraction punishable by a $35 fine. The bill would also require the imposition of a $220 fine on a driver if a collision occurs between a motor vehicle and a bicyclist causing bodily harm to the bicyclist, and the driver is found to be in violation of the above provisions. (2) Existing law prohibits a person from driving a vehicle to the left of double parallel solid lines, or double parallel lines, one of which is broken, except as provided. Notwithstanding that prohibition, existing law permits a driver to cross those double parallel lines if the driver is turning to the left at any intersection or into or out of a driveway or private road or making a U-turn under the rules governing that turn. This bill would prohibit a person driving a vehicle from crossing over any part of any double parallel solid white lines except in the above situations or when entering or exiting designated areas of exclusive or preferential use lanes, as provided. The bill would permit a driver of a motor vehicle to cross double parallel lines to pass a person operating a bicycle in the same direction, if in compliance with a specified provision. Because this bill would create a new crime and would expand the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate community care facilities, including foster family agencies and other facilities that provide foster care services for children. A violation of community care facility provisions is a misdemeanor. Existing law requires the department to develop, and an administrator of a group home facility to complete, a certification program that includes training in various areas, including the rights of foster children. Existing law requires a foster family agency to provide, and a licensed foster parent to complete, preplacement training and additional annual training in various areas, including the rights of foster children. Existing law also requires a community college district with a foster care education program to make orientation and training available to a relative or nonrelative extended family member caregiver, as specified. The bill would require the training for an administrator of a group home facility, licensed foster parent, and relative or nonrelative extended family member caregiver to also include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender (LGBT) youth in out-of-home care. Existing law provides that it is the policy of the state that foster children have specified rights. This bill would provide that foster children also have the right to have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care.
(1) Existing law requires the Public Utilities Commission (PUC) to specify the maximum amount of vinyl chloride that may be found in landfill gas. Existing law prohibits a gas producer from knowingly selling, supplying, or transporting to a gas corporation, and a gas corporation from knowingly purchasing, landfill gas containing vinyl chloride in a concentration exceeding the maximum amount determined by the PUC. Existing law requires a person who produces, sells, supplies, or releases landfill gas for sale offsite to a gas corporation to sample and test, bimonthly, the gas at the point of distribution for chemicals known to the state to cause cancer or reproductive toxicity. Existing law requires the Office of Environmental Health Hazard Assessment (OEHHA) to evaluate the environmental and health risks posed by various hazardous substances. This bill would require OEHHA, in consultation with the State Air Resources Board, the Department of Toxic Substances Control, the Department of Resources Recycling and Recovery, and the California Environmental Protection Agency, to compile a list of constituents of concern that could pose risks to human health and that are found in biogas, as defined, at concentrations that significantly exceed the concentrations of those constituents in natural gas. The bill would require OEHHA to determine the health protective levels for that list, as specified, and would require the state board to identify realistic exposure scenarios and the health risks associated with those scenarios, as specified. The bill would require the state board to determine the appropriate concentrations of those constituents, as specified. The bill would also provide that actions taken pursuant to the above-described requirements do not constitute regulations and are exempt from the Administrative Procedure Act. The bill would further require the PUC to adopt, by rule or order, (1) standards for biomethane that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and (2) requirements for monitoring, testing, reporting, and recordkeeping, as specified. The bill would require a gas corporation, as defined, to comply with those standards and requirements. The bill would require the PUC to require gas corporation tariffs to condition access to common carrier pipelines on the applicable customer meeting those standards and requirements. The bill would also prohibit a person and a gas corporation from knowingly engaging in specified transactions involving common carrier pipelines and biogas collected from a hazardous waste landfill, as defined. (2) The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires it to prepare an integrated energy policy report on or before November 1, 2003, and every 2 years thereafter. The act requires the report to contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. This bill would require the Energy Commission to hold public hearings to identify impediments that limit procurement of biomethane in California, including, but not limited to, impediments to interconnection. The bill would require the Energy Commission to offer solutions to those impediments as part of the above-mentioned report. (3) This bill would require the PUC to adopt policies and programs that promote the in-state production and distribution of biomethane. (4) Existing law allows the PUC to set heating and purity requirements for biomethane injected into a gas pipeline. Existing law allows gas corporations to impose tariffs on biomethane injected into their pipelines. This bill would require the PUC to adopt pipeline access rules that ensure that each gas corporation provides nondiscriminatory open access to its gas pipeline system to any party for the purposes of physically interconnecting with the gas pipeline system and effectuating the delivery of gas. (5) This bill would become operative only if this bill and AB 2196 of the 2011–12 Regular Session are both enacted and become effective on or before January 1, 2013. (6) 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 this bill would require action by the PUC to implement certain of its requirements, a violation of which would be a crime, these provisions 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.
