Existing law, with regard to the cancellation or failure to renew a motor vehicle insurance contract, requires an insurer, before policy expiration to, among other things, deliver to or mail to the named insured, at the address shown on the policy, one of the following: (1) at least 20 days before expiration, a written or verbal offer of renewal of the policy, contingent upon payment of premium as stated in the offer, or (2) at least 30 days before expiration, a written notice of nonrenewal of the policy, including a required statement. A wilful violation of these provisions is a misdemeanor, punishable by a fine not exceeding $1,000 per violation. This bill would instead make a wilful violation of the above provisions subject to an administrative penalty, enforceable by the Insurance Commissioner, not to exceed $1,000.
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Existing law, known as the Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board. Under the act, an "employee" or "higher education employee" is defined as any employee of the Regents of the University of California, the Directors of the Hastings College of the Law, or the Trustees of the California State University. The act further provides that the board may find student employees whose employment is contingent on their status as students are employees only if the services they provide are unrelated to their educational objectives, or that those educational objectives are subordinate to the services they perform and that coverage under this act would further the purposes of the act. This bill would provide that student employees whose employment is contingent upon their status as students are employees or higher education employees for purposes of the act. The act prohibits "scope of representation," for purposes of the University of California only, from including, among other things, conditions for the award of certificates and degrees to students. This bill would provide that the conditions for the award of certificates and degrees to students that are outside of the scope of representation include what is required for students to achieve satisfactory progress toward their degrees.
Existing law, the California Farmland Conservancy Program Act, prescribes procedures for the establishment of agricultural conservation easements intended to preserve and protect certain agricultural lands in the state. Existing law specifies that an agricultural conservation easement shall not prevent, among other things, the granting of leases, assignments, or other conveyances, or the issuing of permits, licenses, or other authorization, for the exploration, development, storage, or removal of oil and gas by the owner of the subject land, or for the development of related facilities or for the conduct of incidental activities, as long as the agricultural productivity of the subject land and any multiple uses that made the acquisition a priority for selection under the agricultural conservation easement program, are not thereby significantly impaired. This bill would make a technical, nonsubstantive change to those provisions.
Existing law provides for the licensing and regulation of various community care facilities by the State Department of Social Services. This bill would enact the Home Care Services Act of 2013 and would provide for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services. The bill would establish home care organizations as being recognized in the health care industry. The bill would prohibit, after January 1, 2016, an individual or entity from arranging for the provision of home care services, as defined, by a home care aide without first obtaining a license and would authorize a district attorney, the Attorney General, or the department to impose a civil penalty on an individual or entity that operates a home care organization without a license. The bill would also impose various licensure requirements on a home care organization. The bill would require a home care organization to provide a client with specified information before arranging for the provision of home care services to that client, including, but not limited to, the types and hours of available home care services and the extent to which payment may be expected from specified sources. In addition, the home care organization would be required to, among other things, distribute to the client a written notice of certain enumerated rights. This bill would prohibit a home care organization from hiring an individual as a home care aide unless that individual meets certain requirements, including, but not limited to, demonstrating that he or she has specified language skills. The bill would require a home care organization to conduct background clearances on home care aides, as specified, and to require home care aides to demonstrate they are free of active tuberculosis. The bill would also require a home care organization to conduct regular evaluations of its home care aides, as specified, and to ensure that home care aides demonstrate basic competency in certain areas. The bill would establish the Home Care Organization Fund, would authorize the department to impose various fees to be deposited in that fund, and would make a continuous appropriation from that fund to the department to carry out the provisions of the act. The bill, in addition, would prescribe enforcement procedures and penalties for violations of the act.
Existing law, the State Aeronautics Act, governs aeronautics in this state. The act, until January 1, 2018, requires a meteorological tower, as defined, to be marked as prescribed if the tower is located on prime agricultural land, as defined, or is within one mile of prime agricultural land, and erected after January 1, 2013. This bill would instead apply these marking requirements to a meteorological tower that is located outside the boundaries of an incorporated city, on prime agricultural land, or within one mile of prime agricultural land, and would also require a meteorological tower to be marked with a flashing light, as prescribed. For a meteorological tower erected before January 1, 2013, this bill would require the tower to comply with these marking requirements by January 1, 2015, or when the tower is lowered and then raised for maintenance or other purposes, whichever is sooner. For a meteorological tower erected between January 1, 2013, and December 31, 2013, that is located on prime agricultural land or within one mile of prime agricultural land, this bill would require the tower to be marked according to existing requirements and would require the tower to also be marked with a flashing light by January 1, 2015, or when the tower is lowered and then raised for maintenance or other purposes, whichever is sooner. This bill would expand the marking requirements for meteorological towers erected between January 1, 2013, and December 13, 2013, to encompass towers located outside the boundaries of an incorporated city. Because any violation of the State Aeronautics Act is a crime and the provisions of the bill would be within the act, this bill 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.
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 provides for the regulation of licensed clinical social workers. Existing law makes an individual who styles himself or herself as a licensed clinical social worker, without holding a license in good standing, guilty of a misdemeanor. Existing law exempts an individual employed by a government entity, certain academic institutions, an institution that is both nonprofit and charitable, and other specified individuals from that prohibition. Existing law defines an approved school of social work to mean a school that is accredited by the Commission on Accreditation of the Council on Social Work Education. This bill would prohibit an individual from representing himself or herself as a social worker, unless he or she possesses certain academic qualifications from an accredited school, as specified. This bill would prohibit an employer from representing his or her employee as a social worker, unless that employee possesses certain academic qualifications. This bill would apply those prohibitions to an individual employed by a governmental entity, certain academic institutions, an institution that is both nonprofit and charitable, and other individuals. Because a violation of the bill would be a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the payment of unemployment compensation benefits during the period that a person is unemployed. Existing law imposes various requirements on the payments of benefits, including work search requirements. Existing law also establishes retraining programs for unemployed workers. Prior law, enacted in 1994 and repealed in 2005, established the Self-Employment Assistance Program for displaced workers. This bill would establish a similar Self-Employment Assistance Program, to be administered by the Director of the Employment Development. The bill would provide for a weekly allowance for participants equal to regular unemployment benefits, subject to various limits, and would impose various eligibility requirements upon participants, and would waive requirements relating to job search and self-employment, as specified. Since the benefits would be payable from the continuously appropriated Unemployment Fund, the bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would designate that January 20, 2014, be observed as the official memorial of the late Dr. Martin Luther King, Jr.'s birth and commemorate Martin Luther King, Jr. Day and the work of Dr. Martin Luther King, Jr. and the Civil Rights Movement in changing public policy in California and in the United States of America. This measure would also recognize the anniversaries of the Emancipation Proclamation and the March on Washington in connection with the advancement of civil rights.