(1) Existing law makes it unlawful to engage in specified practices, unfair methods of competition, and unfair or deceptive acts or practices in a transaction intended to result or that results in the sale or lease of goods or services, including making false or misleading statements concerning the existence of price reductions, or the home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for purposes of paying for home improvements. A consumer who suffers damages as a result of the use or employment of the prohibited acts or practices may bring an action to recover civil damages of at least $1,000, and, if the victim is a senior citizen and the trier of fact makes specified findings, including that the consumer has suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct, to recover an additional amount of up to $5,000. This bill would expand that provision to include advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements that does not include a statement that the person disseminating the statement is not authorized to file an initial application for veterans' benefits or that the event is not sponsored by or affiliated with specified veterans' organizations, including the United States Department of Veterans Affairs. The bill would also make a conforming change. (2) Existing law provides that all insurers, brokers, agents, and others engaged in the transaction of insurance owe a prospective insured who is 65 years of age or older, a duty of honesty, good faith, and fair dealing. This duty is in addition to any other duty, whether express or implied, that may exist. This bill would make it unlawful for an insurance agent who is not licensed as an attorney to deliver to a person who is 65 years of age or older, or for an insurance agent who is licensed as an attorney to deliver to a person who is 65 years of age or older, a living trust or other legal document, other than an insurance contract or other insurance product document, except as specified. (3) Existing law requires any person who meets with a senior in the senior's home to deliver a specified notice to the senior in writing and in 14-point type no less than 24 hours prior to that individual's initial meeting in the senior's home. This bill would additionally require the notice to be delivered no more than 14 days prior to the meeting. The bill would also require that the notice be a stand-alone document in 16-point, rather than 14-point, type, that the notice include specified information regarding the agent, including his or her full name and license number, and that the notice include a specified statement. (4) Existing law sets certain standards with regard to any advertisement, as defined, or other device designed to produce leads based on a response from a potential insured that is directed to a person 65 years of age or older, including, but not limited to, disclosing certain information, not using certain language, names, letters, or symbols, and not using specified deceptive or misleading practices and materials. This bill would change the definition of advertisement to also include worksheets, questionnaires, or other materials designed to collect personal or financial information about a prospective insured or annuitant. The bill would also add veterans organizations or agencies and the United States Department of Veterans Affairs to the list of those entities that cannot be used in specified deceptive or misleading advertising practices and materials.
Sponsored bills
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing boards. The existing California Renewables Portfolio Standard Program (RPS program) requires a retail seller of electricity, as defined, and local publicly owned electric utilities to purchase specified minimum quantities of electricity products from eligible renewable energy resources, as defined, for specified compliance periods. The specified minimum quantities of electricity products are based upon a percentage of the utility's total retail sales of electricity in California. Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to (1) certify eligible renewable energy resources, (2) design and implement an accounting system to verify compliance with the renewables portfolio standard by retail sellers, (3) establish a system for tracking and verifying renewable energy credits (RECs) that verifies the generation and delivery of electricity associated with RECs, and (4) certify the eligibility of RECs associated with deliveries of electricity to a local publicly owned electric utility. Under existing law the Energy Commission administers the Renewable Energy Resources Program (RER program) with the near-term objective of increasing the quantity of electricity generated by renewable electrical generation facilities, as defined, while protecting system reliability, fostering resource diversity, and obtaining the greatest environmental benefits for California residents, and with the long-term goal of obtaining a fully competitive and self-sustaining supply of electricity generated from renewable resources. Under existing law, the RPS program's definition of an eligible renewable energy resource incorporates, by reference, the RER program's definition of a renewable electrical generation facility. This bill would amend the RER program's definition of a renewable electrical generation facility to provide that if the RPS program eligibility of a facility is based on the use of landfill gas, digester gas, or another renewable fuel delivered to the facility through a common carrier pipeline, the transaction for the procurement of that fuel, including the source of the fuel and delivery method, shall meet certain conditions, as specified. This bill would impose certain requirements with respect to the eligibility of biomethane under the RPS program. The bill would specify that certain biomethane procurement contracts executed by a retail seller or local publicly owned electric utility prior to March 29, 2012, count in full toward the RPS program's procurement requirements under the rules applicable to eligible renewable energy resources contracts at the time the procurement contracts were executed, if specified conditions are met. The bill would, with respect to contracts executed prior to March 29, 2012, but subsequently extended or modified, as specified, and with respect to contracts executed after that date, impose certain requirements on the RPS eligibility of biomethane, as specified. With respect to biomethane that is used by an onsite generating facility, and biomethane that is used offsite and delivered to the generating facility through a dedicated pipeline, the bill would specify that the use of that biomethane counts towards the RPS program's procurement requirements if that use satisfies all applicable requirements established by the Energy Commission. With respect to biomethane that is delivered to a generating facility through a common carrier pipeline, the bill would, among other things, require: (1) the biomethane to be injected into a common carrier pipeline that physically flows within California or toward the generating facility for which the biomethane was procured under the original contract; (2) that the source of biomethane did not inject biomethane into a common carrier pipeline prior to March 29, 2012, or the source commenced injection of sufficient incremental quantities of biomethane after March 29, 2012, to satisfy the contract requirements; and (3) that the seller or purchaser of the biomethane demonstrates that the capture and injection of biomethane into a common carrier pipeline directly results in at least one of 3 specified environmental benefits to California. The bill would also prohibit specified parties to a biomethane procurement contract from making representations asserting that the procurement contract results in greenhouse gas reductions, as specified, unless the environmental attributes associated with the biomethane are transferred to the purchaser, as specified. This bill would become operative only if this bill and AB 1900 of the 2011–12 Regular Session are both enacted and become effective on or before January 1, 2013.
(1) Existing law prohibits a person, including the owner in lawful possession of the land and a person obtaining permission from the owner or person in lawful possession of the land, from taking any protected mammal or bird or discharging any firearm upon any land where signs with specified wording and size requirements are displayed at specified intervals along all exterior boundaries and at all roads and trails entering the land. Other existing law makes it unlawful to enter any lands under cultivation or enclosed by a fence belonging to, or occupied by, another, or to enter any uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than 3 to the mile along all exterior boundaries and at all roads and trails entering those lands, for the purpose of discharging any firearm or taking or destroying any mammal or bird, including any waterfowl, on those lands without having first obtained written permission from the owner of those lands, or his or her agent, or the person in lawful possession of those lands. This bill would repeal the provision relating to signage and the taking of protected mammals and birds. The bill would expand the trespass sign provision to encompass signs forbidding trespass or hunting, or both. (2) Existing law provides that any person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges any amphibian, bird, fish, mammal, or reptile, or part thereof, for profit or personal gain, is guilty of a misdemeanor punishable by a fine of not less than $5,000, nor more than $40,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. Existing law authorizes the Department of Fish and Game, upon a conviction of certain violations, to suspend or permanently revoke a person's hunting or sport fishing license or permit privileges and authorizes the seizure or forfeiture of any device or apparatus used in the commission of specified offenses. The bill authorizes the person whose privileges are suspended or revoked to appeal the suspension or revocation to the Fish and Game Commission, and authorizes the commission to restore those privileges. This bill would subject any person who knowingly violated and was convicted of violating certain provisions relating to a trophy deer, elk, antelope, wild turkey, or bighorn sheep in specified ways to a fine of not less than $5,000, nor more than $40,000, for deer, elk, antelope, and bighorn sheep violations, and a fine of not less than $2,000, nor more than $5,000, for wild turkey violations, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The bill would require the commission to adopt regulations to implement this provision. The bill would subject any person convicted of certain violations while using a signal-emitting device, as defined, in conjunction with the take of bear for the purpose of selling or trafficking in bear parts, to a fine of $10,000 per bear part. The bill would require all revenue from fines imposed pursuant to these provisions to be deposited in the Big Game Management Account or the Upland Game Bird Account, based on the violation. The bill would include those offenses in those suspension, revocation, and forfeiture provisions. The bill would require the commission, upon the appeal of a suspended or revoked license, to consider specified factors. By creating new crimes, 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.
(1) Existing law authorizes the Director of the Department of Fish and Game to authorize one or more operators of commercial fishing vessels to take and land a limited number of Dungeness crab for the purpose of quality testing, as provided. Existing law prohibits the department from approving a testing program unless it is funded by the entity authorized to conduct the testing program and prohibits the sale of the crab taken for testing. Those provisions become inoperative on April 1, 2019, and are repealed on January 1, 2020. This bill would delete the above prohibitions, and, instead, would specifically authorize the sale of tested crab meat and the use of sale revenues for purposes of managing the testing program. The bill would require that the sale revenues be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission. The bill would require the department, in consultation with specified entities, to develop suggested guidelines for the management of the funds from the sale, among other guidelines. (2) Existing law requires the director to adopt a program, as provided, for Dungeness crab trap limits for all California permits, that includes 7 tiers of Dungeness crab trap limits based on all California landings receipts under California permits, as specified. Existing law authorizes an individual to submit an appeal of a trap tag allocation by March 31, 2014, as provided. Existing law requires the individual requesting the appeal to pay all expenses, including a nonrefundable filing fee, as determined by the department, to pay for the department's reasonable costs associated with the appeal that is heard and decided by an administrative law judge. Those provisions become inoperative on April 1, 2019, and are repealed on January 1, 2020. This bill would authorize any Dungeness crab permitholder to apply to the administrative law judge for a waiver of these appeal fees. The bill would authorize the administrative law judge to consider certain factors when making this determination, including medical hardship. This bill would require the department to decide an appeal to revise downward a trap tag allocation. (3) Existing law regulating the Dungeness crab fishery permits the owner of a vessel to whom a Dungeness crab vessel permit has been issued, upon the written approval of the department, to temporarily transfer the permit to another replacement vessel for which use in the Dungeness crab fishery is not permitted, for a period of not more than 6 months during the current permit year, under specified circumstances. Existing law also permits the transfer of a permit to another vessel in the event of loss or destruction of a permitted vessel, within 2 years after the loss or damage of the original vessel. This bill would require the owner of a vessel to whom a Dungeness crab vessel permit has been issued to have had California Dungeness crab landings made with trap gear documented on department landing receipts and to have had California Dungeness crab landings of not less than 5,000 pounds cumulative for the past 2 Dungeness crab seasons to translate the permit. The bill also would require the replacement vessel to be equivalent in size and capacity, as specified, to the vessel from which the permit is transferred. The bill would require specified proof of loss, theft, damage, mechanical breakdown, or destruction to be submitted for a vessel permit to be transferred. This bill would require a vessel owner to sign an application for transfer and certify that the information included is true to the best of his or her information and belief. By expanding the definition of the crime of perjury, this bill would impose a state-mandated local program. (4) Existing law regulating commercial fishing traps makes it unlawful, except as specified, to willfully or recklessly disturb, move, or damage any trap that belongs to another person and that is marked with a buoy identification number. This bill would authorize the department, in consultation with the Dungeness Crab Task Force, to develop regulations as necessary to provide for the retrieval of lost or abandoned commercial crab traps. Those provisions would become inoperative on April 1, 2019, and would be repealed on January 1, 2020. (5) Existing law authorizes expenditures from the fish and wildlife propagation fund of any county to be made for specified purposes, including for reasonable administrative costs, as provided. Existing law defines "reasonable cost" as an amount that does not exceed 3% of the average amount received by the fund during the previous 3-year period, or $3,000 annually, whichever is greater, as provided. This bill would instead define "reasonable cost" as an amount that does not exceed 15% of the average amount received by the fund during the previous 3-year period, or $10,000 annually, whichever is greater. (6) Existing law requires the department to charge a specified fee for each Dungeness crab vessel permit and for certain transfers of permits for the reasonable regulatory costs of the department. This bill would provide for these fees for each transfer of a permit. (7) 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Fish and Game to develop and implement a recovery strategy pilot program for the coho salmon and repeals that authority on January 1, 2014, but requires any recovery strategy that has been approved or implemented prior to that date to remain in effect. Existing law also establishes the Salmon, Steelhead Trout, and Anadromous Fisheries Program Act to protect and increase the naturally spawning salmon, steelhead trout, and anadromous, as defined, fishery resources of the state. This bill, until January 1, 2018, would enact the Coho Salmon Habitat Enhancement Leading to Preservation Act (Coho HELP Act) and require the Director of Fish and Game to approve a coho salmon habitat enhancement project, as defined, if specified conditions are met as determined by the director, as prescribed. The act would create the Coho Salmon Recovery Account within the Fish and Game Preservation Fund and authorize the department to enter into an agreement to accept funds to achieve the purposes of the Coho HELP Act and deposit those funds into that account. The act would authorize the department to impose a schedule of fees for projects, based on the cost of a project, sufficient to recover all reasonable administrative and implementation costs of the department relating to the project, but not to exceed fees adopted by the department for standard lake or streambed alteration agreements for projects of comparable cost. The act would require the department to deposit fee revenues in the account. Moneys in the account would be available to the department, upon appropriation, for the purposes of administering and implementing the Coho HELP Act. The act would authorize the department to adopt emergency regulations for the implementation of the Coho HELP Act. The bill would appropriate $37,500 from the Hatchery and Inland Fisheries Fund to the department to fund an engineer position employed on a half-time basis for the remainder of the 2012–13 fiscal year to review projects under the act.
(1) Existing law vests with the Department of Parks and Recreation control of the state park system. Existing law requires the department to achieve any required budget reductions, as defined, by closing, partially closing, and reducing services at selected units of the state park system, based on specified factors. This bill would enact the California State Park Stewardship Act of 2012, which would require the department to develop a prioritized action plan to increase revenues and the collection of user fees at state parks. The bill would require the department to report to the Legislature and the Governor on the prioritized action plan by July 1, 2013. (2) Existing law authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as identified by the Director of Parks and Recreation, as provided. Existing property tax law requires that all property subject to tax be assessed at its full value, and includes certain possessory interests among those property interests subject to tax. The California Constitution exempts certain property from property taxation, including property owned by the state. This bill would provide that a qualified nonprofit corporation that has entered into an agreement with the Department of Parks and Recreation is deemed to be an agent of the state for purposes of property taxation, and that any state-owned property, including possessory interests in that property, used or possessed by the qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system would be exempt from taxation under the exemption for property owned by the state. (3) Provisions relating to the administration of personal income taxes allow individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds to be used for specified purposes. This bill would, for each taxable year beginning on or after January 1, 2012, require the Franchise Tax Board to revise the individual taxpayer return form, as specified, to allow a taxpayer to designate an otherwise refundable amount in excess of tax liability to be deposited to the State Parks Protection Fund, which the bill would create. This bill would entitle a taxpayer making a contribution to receive a single state parks day use annual pass from the Department of Parks and Recreation if the price of the pass, as determined by the department, is less than or equal to the amount of the taxpayer's contribution. This bill would require moneys transferred to the State Parks Protection Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and Controller, as provided, and to the Department of Parks and Recreation to cover the costs of the issuance of the passes to taxpayers, and for purposes related to the protection and preservation of state parks. This bill would also allow a deduction under the Personal Income Tax Law for any contribution amount in excess of the price of the pass received, if any. This bill would repeal these voluntary contribution provisions if contributions made on returns would be less than a specified amount, as provided. (4) Existing law provides that it is a misdemeanor for any officer or employee of the state to disclose certain tax information. This bill would require the Franchise Tax Board to provide necessary information, as provided, to the Department of Parks and Recreation so that individuals who deposited amounts equal to or in excess of the price of a state parks day use annual pass can be contacted. By changing the scope of an existing crime, this bill would impose a state-mandated local program. (5) 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 requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.
Existing law, the Nursing Practice Act, authorizes a registered nurse to dispense drugs or devices upon an order by a licensed physician and surgeon if the nurse is functioning within a specified clinic. This bill would, in addition, authorize a registered nurse to dispense specified drugs or devices upon an order issued by a certified nurse-midwife, nurse practitioner, or physician assistant if the nurse is functioning within a specified clinic. The bill would also authorize a registered nurse to dispense or administer hormonal contraceptives in strict adherence to specified standardized procedures.
Existing law refers to mental retardation or a mentally retarded person in provisions relating to, among other things, educational and social services, commitment to state facilities, and criminal punishment. This bill would revise these provisions to refer instead to intellectual disability or a person with an intellectual disability. This bill would provide that it is the intent of the Legislature that the bill not be construed to change the coverage, eligibility, rights, responsibilities, or substantive definitions referred to in the amended provisions of the bill. This bill would make related and technical changes.
(1) Existing law establishes fines and penalties for a violation of the Fish and Game Code. This bill would impose additional civil penalties for a violation of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance, as defined, on land within the jurisdiction of specified state and federal agencies or within the ownership of a timberland production zone as prescribed. (2) Existing law authorizes a member of the Department of the California Highway Patrol to stop any vehicle transporting any timber products, livestock, poultry, farm products, crude oil, petroleum products, or inedible kitchen grease, and inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, and, upon reasonable belief that the driver of the vehicle is not in legal possession, to take custody of the vehicle and load and turn them over to the custody of the sheriff of the county in which any of those items are apprehended. Existing law also generally prohibits a person from driving a motor vehicle upon a highway, unless the person then holds a valid driver's license. This bill would authorize a peace officer, as described, to stop a vehicle transporting agricultural irrigation supplies, as defined, that are in plain view on a rock or unpaved road that is located in a county that elects to implement these provisions, and within the jurisdiction of specified state or federal agencies or within the ownership of a timberland production zone and to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, and, upon reasonable belief that the driver of the vehicle is not in legal possession, to take custody of the vehicle and load and turn them over to the custody of the sheriff of the county in which any of those items are apprehended. The bill would, except as specified, prohibit a peace officer from impounding a vehicle at a traffic stop made pursuant to this authorization if the driver's only offense is a violation of the prohibition against driving a motor vehicle upon a highway without holding a valid driver's license. The bill would require a peace officer making the stop who encounters a driver in violation of this prohibition to take certain actions with regard to obtaining from the registered owner of the vehicle authorization to release the vehicle to a licensed driver. The bill would authorize the board of supervisors of a county to adopt a resolution to elect to implement these provisions. (3) The bill would declare the intent of the Legislature that the implementation of the bill's provisions not contradict the purposes or application of the Compassionate Use Act of 1996 and the Medical Marijuana Program.