Existing law, the California Public Records Act, provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and every person has a right to inspect any public record, except as provided. However, existing law provides that nothing in the act shall be construed to require disclosure of information contained in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant's medical or psychological history or that of members of his or her family. Existing law also provides that the provisions shall not be construed to require disclosure of the home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses or in licenses to carry firearms, as specified. This bill would instead provide that the California Public Records Act shall not be construed to require the disclosure of the home addresses and telephone numbers of applicants that are set forth in applications to carry firearms or of licensees that are set forth in licenses to carry firearms, as specified. This bill would also prohibit this provision from being construed as prohibiting the disclosure of public records relating to the reason an application for a license to carry a firearm was granted or denied, as specified. Because this bill would increase the duties of county sheriffs and the chiefs or other heads of police departments that issue firearms license applications, this bill would impose a state-mandated local program. This bill would also make technical, nonsubstantive changes to these provisions. Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.
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Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Existing law requires boards within the department to adopt rules and regulations to provide for methods of evaluating education, training, and experience obtained in the armed services, if applicable to the requirements of the business, occupation, or profession regulated, and to specify how this education, training, and experience may be used to meet the licensure requirements for the particular business, occupation, or profession regulated. Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses by the Board of Registered Nursing. Existing law requires applicants for licensure as a registered nurse to meet certain educational requirements, to have completed specified courses of instruction, and to not be subject to denial of licensure under specified circumstances. Existing law authorizes applicants who have served on active duty in the medical corps in the United States Armed Forces to submit a record of specified training to the board for evaluation in order to satisfy the courses of instruction requirement. Under existing law, if the applicant satisfies the other general licensure requirements and if the board determines that his or her education establishes competency to practice registered nursing, the applicant shall be granted a license upon passing a certain examination. This bill would provide that this act shall be known, and may be cited, as the Combat to Care Act and would make various legislative findings and declarations, including that California recognizes that military service members gain skill and experience while serving the country that, upon discharge, can be translated to the civilian world. The bill would require the Board of Registered Nursing, by regulation and in conjunction with the Military Department, to identify the Armed Forces education, training, or experience that is equivalent or transferable to the curriculum required for licensure by the board. The bill would require the board, after evaluating a military applicant's education, training, or experience, to provide the applicant with a list of the coursework, if any, he or she must still complete to be eligible for licensure and to grant the applicant, if he or she meets specified criteria, a license upon passing the standard examination. The bill would require the board to attempt to contact military service members who may meet the bill's criteria and would authorize the board to enter into an agreement with the federal government in that regard. The bill would require the board to maintain records of applicants, as specified.
Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collection of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available to the board and the Department of Forestry and Fire Protection for certain specified fire prevention activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would repeal these provisions.
Existing law provides for the Director of the Department of Industrial Relations within the Labor and Workforce Development Agency to oversee and assist the divisions under its jurisdiction with the enforcement of provisions of law related to private employment, including claims for wage and hour violations and occupational safety violations. Under existing law, the Labor Commissioner or his or her representatives are authorized to take assignments of certain claims for enforcement, including claims for an employee's loss of wages due to demotion, suspension, or discharge by the employer for lawful conduct occurring during nonworking hours away from the employer's premises. This bill would authorize both the director and the commissioner, or their deputies, to waive any penalties against an employer if the employer resolves the claim within 30 days of receiving a notice, as specified, from the commissioner. The bill would not apply to violations of minimum wage requirements.
Existing law, the Financial Integrity and State Manager's Accountability Act of 1983 (FISMA) , provides that state agency heads are responsible for the establishment and maintenance of a system or systems of internal accounting and administrative control within their agencies, as specified. Existing law requires that state agency heads covered by FISMA shall, biennially, conduct an internal review and prepare a report on the adequacy of the agency's systems of internal accounting, administrative control, and monitoring practices. Copies of the reports are required to be submitted to the Legislature, the California State Auditor, the Controller, the Treasurer, the Attorney General, the Governor, the director, and to the State Library where the copies are required to be available for public inspection. This bill would also require the report to be posted on the agency's Internet Web site within 5 days of finalization and would require the report to be signed by the head of the agency under penalty of perjury. By requiring the head of an agency to sign the report under penalty of perjury, this bill would expand circumstances under which a person may be convicted of a crime and, thereby, would impose a state-mandated local program. This bill would provide that the head of an agency that fails to submit the report within 30 days of its deadline shall be suspended without pay until the agency comes into compliance with the reporting requirements. This bill would require the framework for conducting an internal review of an agency's systems of internal accounting and administrative control to include Protocols for auditing and monitoring of the agency's assets, liabilities, revenues, and expenditures, as well as reconciliation of accounting and budget documents reported to the Department of Finance and the Office of the Controller. Existing law requires the head of an internal audit staff of a state agency to investigate any allegation that an employee of the agency provided false or misleading information in connection with the review of the agency's systems of internal accounting and administrative control or in connection with the preparation of the biennial report on the systems of internal accounting, administrative control, and monitoring practices. Existing law requires the head of an internal audit staff or designated internal control person to report in writing to the head of the agency or the division if there is reasonable cause to believe that false or misleading information was provided. This bill would require the report to also be submitted to the Department of Finance and the Joint Legislative Audit Committee. 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 requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. Under the federal Patient Protection and Affordable Care Act (PPACA) , each state is required to, by January 1, 2014, establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange (Exchange) within state government, specifies the powers and duties of the board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. The bill would require the Exchange to submit to the department and the Legislative Analyst's Office a complete and detailed budget utilizing performance-based budgeting, as defined, that sets forth all proposed expenditures and estimated revenues for the ensuing fiscal year. The bill would require the Exchange to, if necessary, develop a process for consulting with contractors or other responsible entities and stakeholders to develop information related to performance standards and program performance. The bill would require the department to include specified performance-based budgeting information for the Exchange in the Governor's Budget proposal and to post that information on the department's Internet Web site. The bill would also require the Legislative Analyst's Office to review the adequacy of performance metrics and progress toward targeted outcomes in preparing its review of the Governor's Budget proposal as it relates to the Exchange.
The Medi-Cal Act establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. This bill would instead require that, to the extent permitted by federal law, this payment reduction not apply to skilled nursing facilities or subacute care units that are a distinct part of a general acute care hospital, intermediate care or other specified facilities serving developmentally disabled individuals, or specified Medi-Cal provider payments for fee-for-service benefits, including payments to pharmacies, for dates of service on or after June 1, 2011. The bill would also provide that this payment reduction shall not apply to managed health care plans for dates of service after the effective date of the bill. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law specifies procedures applicable to the preparation, submittal, and printing of arguments for and against a county or city ballot measure that qualifies for a place on the ballot. Existing law requires the county or city elections official to fix a date, as specified, as a deadline for submission of arguments for and against a ballot measure. This bill would require the county or city elections official to extend the deadline for submission of arguments relating to a ballot measure by one calendar day if an argument in favor of or against a measure is not submitted by the deadline fixed by the official. In doing so, this bill would require the county or city elections official to immediately issue a press release requesting that arguments for or against the measure, or both, as applicable, be submitted by the extended deadline. By imposing additional duties on local elections officials, 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, 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) Existing law establishes a system of public elementary and secondary schools operated by local educational agencies throughout the state. Existing law also establishes a system of public postsecondary education in this state that includes 3 segments: the California Community Colleges, the California State University, and the University of California. This bill would express the intent of the Legislature to establish a pilot program with the goal of creating a model of articulation and coordination among K–12 schools, community colleges, and campuses of the California State University that will allow students, including, but not necessarily limited to, students who have earned college course credit through concurrent enrollment in high school and community college, to earn a baccalaureate degree for a total cost not exceeding $10,000, including textbooks. The bill would establish a Baccalaureate Degree Pilot Program that would include campuses of the California State University, community college districts, and county offices of education in up to 7 areas of the state, but would only include institutions that explicitly request inclusion in the program. The bill would require the public postsecondary educational institutions and local educational agencies participating in the pilot program to coordinate their efforts to expedite the progress of participating students from high school to community college to California State University. Because the bill would impose new duties on community college districts and county offices of education, it would constitute a state-mandated local program. The bill would authorize participating high school students to earn an unlimited number of Advanced Placement course credits, and provide these students with priority enrollment at participating community colleges. The bill would impose grade point average and time requirements on participating students at the community college stage of the pilot program. The bill would require a participating California State University campus to accept a minimum of 60 semester units earned by a participating student at a high school or community college. The bill would require a participating student to receive priority enrollment status at a participating California State University, and would require the participating student to be required to enroll at that California State University either in the summer term or the fall semester immediately succeeding the pupil's completion of the required community college coursework. This bill would limit bachelor's degrees awarded at the participating California State University to a participating student to baccalaureate degrees in one or more of specified fields of study. The bill would prohibit the mandatory systemwide fees and tuition and mandatory campus-based fees charged to a participating student from being increased during the first 2 academic years of his or her attendance at a California State University campus under the pilot program. The bill would authorize the institutions participating in the pilot program, in consultation with the appropriate private entities, to develop summer internships for participating students relating to their fields of study for academic credit. (2) 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 establishes conditional voter registration, using an affidavit of registration, whereby a person is permitted to register to vote after the 15th day prior to an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. Existing law establishes the procedures and requirements for determining whether a conditional voter registration is deemed effective and requires the county elections official to offer conditional voter registration and provisional voting at its permanent offices and authorizes the official to offer this registration and voting at satellite offices on election day. Under existing law, conditional voter registration becomes operative on January 1 of the year following the year in which the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. This bill would additionally require that a registrant provide proof of residency in order for a conditional voter registration to be deemed effective. If a conditional voter registration is not deemed effective, the bill would require the elections official to process the affidavit of registration pursuant to existing law, and provided that all other eligibility requirements are met, the bill would deem the registration effective in forthcoming elections. Existing federal law, the Help America Vote Act of 2002, requires under certain circumstances that a voter who registers to vote by mail present or submit either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter the first time the voter votes in a federal election. A person who does not present or submit the appropriate records is allowed to vote by provisional ballot, which is required to be counted if the elections official determines in accordance with state law that the individual is eligible to vote. Existing state law entitles a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established to vote a provisional ballot. Under existing law, it is determined whether a provisional ballot is counted by comparing the signature on each provisional ballot envelope with the signature on the voter's affidavit of registration. This bill would allow a provisional ballot submitted by a person who was not allowed to cast a regular ballot because the person failed to submit or present identification records required by the federal law described above to be counted only if the person presents or submits the required identification records within 10 days after the election. Existing state law provides that an affidavit of voter registration may be submitted to a county elections official by mail, may be submitted to the Department of Motor Vehicles or another voter registration agency, or may be delivered to a county elections official by other means. This bill would provide that if an affidavit of voter registration is delivered to a county elections official by means other than by mail or by means other than submitting the affidavit to the Department of Motor Vehicles or another voter registration agency, the voter shall be deemed to have registered by mail for purposes of the federal law described above. By imposing new duties on local elections officials, 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, 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.