This measure would proclaim January 26, 2016, as India Republic Day, and would urge all Californians to join in celebrating India Republic Day.
Existing law provides for the licensure and regulation of health facilities, as defined. A violation of those provisions is a crime. Existing law requires any person or government entity desiring a license for a health facility, approval for a special service, or approval to manage a health facility currently licensed as a general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, or special hospital, that has not filed an application for a license to operate that facility, to file with the department a verified application containing specific information. This bill would require the denial of an application under those provisions if the applicant fails to provide the requisite information or provide it in the form requested. Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to make certain disclosures regarding corporate governance and ownership to the State Department of Public Health. Existing law prohibits certain persons, as defined, from governing or owning a beneficial interest of 5% or more of a skilled nursing facility or intermediate care facility, as specified, without approval of the department. This bill would expand those disclosure requirements and the provisions that prohibit certain persons from governing or owning a beneficial interest in a skilled nursing facility or intermediate care facility, as specified. The bill would establish provisions for the denial of an application under circumstances in which a person named in an application has governed or owned a facility that has violated the law during a certain timeframe, as specified, and would require the department to investigate whether an applicant has been subject to professional discipline. Existing law requires the department to implement a consumer information service system regarding long-term care facilities. This bill would revise the information the system is required to contain and would require it to be available on the Internet by March 1, 2017. Because this bill would require additional disclosures, of which a failure to disclose or a false disclosure 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.
Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law prohibits a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity from filing a claim in the small claims division if the amount of the demand exceeds $5,000. Existing law also provides that a small claims action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity must be transferred out of the small claims division if the opposing party is represented by legal counsel and properly informs the entity of this fact. This bill would give the small claims court jurisdiction over an action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not exceed $10,000. This bill would also eliminate the provision relating to the transfer of small claims actions where the opposing party is represented by counsel.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. A person who violates the act, or who willfully or repeatedly violates any rule or regulation adopted under the act, is guilty of a misdemeanor. Among other things, the act authorizes the department to prohibit a licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client who has engaged in specified behavior, including violating the act or engaging in conduct inimical to the health or safety of a person in a facility. The act requires that the excluded person, the facility, and the licensee be given written notice of the basis of the department's action and of the excluded person's right to an appeal. The act requires a licensed residential care facility for the elderly to provide written notice to a resident, the resident's responsible party, if any, and the local long-term care ombudsman, within 10 days from the occurrence of specified events, including when the department commences proceedings to suspend or revoke the license of the facility. The act also requires a placement agency, as defined, to notify the appropriate licensing agency of any known or suspected incidents that would jeopardize the health or safety of residents in a residential care facility for the elderly and describes reportable incidents for that purpose. The act also authorizes the department to levy a civil penalty for a violation of the act, as specified, and to assess an immediate civil penalty of $150 per day per violation for certain violations that the act deems to be serious violations. This bill would require the department, by January 1, 2017, to prominently display on the left side of its main Internet Web site a link to the comprehensive list of all individuals, and associated information, who have been the subject of an administrative action since January 1, 1990, resulting in a license revocation or denial, or probation, or an individual exclusion or probation, as specified. The list would be known as the Excluded Persons Administrative Action List (EPAAL) and would contain specified information, including the name of the individual and of the associated facility, and the status and effective date of each administrative action taken. The bill would require the list to be updated every 30 days. This bill would require a licensee to provide written notice to a resident, the resident's responsible party, if any, and the local long-term care ombudsman, within 10 days of receiving a served notice from the department identifying an excluded person pursuant to an administrative action, and would make a related change. The bill would provide that the presence of an individual who is listed on the EPAAL is a reportable incident for purposes of the provision requiring a placement agency to notify the appropriate licensing agency of any known or suspected incidents that would jeopardize the health or safety of residents in a residential care facility for the elderly. The bill would require a licensee, within 24 hours after receiving notice of the department's action to exclude a person, to post next to the facility license the department's unredacted letter, and would make a related change. The bill would also provide that the failure of the licensee to check the EPAAL or post the department's served notice of an excluded person would be a serious violation and subject to an immediate civil penalty of $150 per day per violation. By creating new crimes, 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.
Existing law requires a corporation, a nonprofit public benefit corporation, a nonprofit mutual benefit corporation, a nonprofit religious corporation, a consumer cooperative corporation, and a limited liability company to file annually or biennially, as provided, a statement with the Secretary of State containing specified information during the calendar month during which the organization's original articles were filed or during the immediately preceding 5 calendar months. Existing law requires the Secretary of State to provide notice to each organization to comply with this provision approximately 3 months prior to the close of the applicable filing period. This bill would instead require all corporations to file their statement of information forms by March 15th all limited liability companies to file by April 15th and all nonprofit corporations to file by May 15th of each year.
Existing law, the Small Business Procurement and Contract Act, provides for various programs to encourage the participation of small businesses, as certified by the Department of General Services, in state agency contracts, including a microbusiness and a disabled veteran business enterprise. Existing law requires directors of state agencies, in awarding prescribed contracts, to provide a 5% preference to small businesses and microbusinesses, and a preference of up to 5% to a nonsmall business that provides for small business or microbusiness subcontractor participation, not to exceed prescribed amounts. Existing law provides, in solicitations where an award is made to the lowest responsible bidder, that the preferences shall not exceed $50,000 for any bid and that the combined cost of preferences granted shall not exceed $100,000. Existing law provides that, in bids in which the state has reserved the right to make multiple awards, the $50,000 maximum preference cost shall be applied. This bill would provide, in solicitations where an award is made to the lowest responsible bidder, that the preference to small business and microbusiness be 5% of the lowest responsible nonsmall business bidder meeting specifications and that the preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation be up to a maximum of 5% of the lowest responsible nonsmall business bidder. This bill also would provide that the preference not exceed $100,000 for any contract award and that the combined cost of preferences granted not exceed $150,000. This bill would require that the $100,000 maximum preference cost be applied in multiple contract awards. Existing law, the Target Area Contract Preference Act, requires, if the contract is for goods or services in excess of $100,000, except as specified, the state to award preferences to California-based companies submitting bids or proposals for state contracts who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least a specified percentage of the hours will be accomplished at an identified worksite or worksites located in a distressed area by persons with a high risk of unemployment. Existing law also provides that the maximum preference and incentive a bidder may be awarded pursuant to this act is $50,000 for any bid, and $100,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. This bill would instead provide, if the bid includes preferences or incentives provided under the Target Area Contract Preference Act and the Small Business Procurement and Contract Act, that the maximum preference and incentive a bidder may be awarded pursuant to these provisions shall not exceed $150,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. Existing law, the California Tire Recycling Act, provides, on state purchases of products that are made of, or contains components that can be derived from the recycling of used tires, to suppliers of recycled tire products, a bid preference of 5% of the lowest bid or price quoted by suppliers offering similar products made from nonrecycled components. That law limits the preference to $100,000 each year, or $50,000 if the preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with the Small Business Procurement and Contract Act. This bill would provide, notwithstanding those limitations, if the bid includes the preference authorized in the California Tire Recycling Act and the Small Business Procurement and Contract Act, the combined cost of preferences and incentives granted pursuant to California Tire Recycling Act and any other law is not to exceed $150,000.
Existing law authorizes the Commissioner of Business Oversight to require certain financial service providers that are licensed and regulated by the Department of Business Oversight, including, among others, check sellers, proraters, escrow agents, finance lenders and brokers, residential mortgage lenders or servicers, and businesses making deferred deposit transactions, to pay their pro rata share of the costs and expenses of the department's licensing and regulating activities. A violation of the licensing laws applicable to these financial service providers is a crime. This bill would revise these provisions to require a licensee under the supervision of the department to pay to the commissioner its pro rata share of all costs and expenses in an amount sufficient, in the commissioner's judgment, to meet the expenses of the department in administering the applicable licensing law for the next year that includes, but shall not be limited to, the cost of routine examinations and the provision of a reasonable reserve for contingencies, with a consideration of any deficit or less any surplus actually incurred in the prior fiscal year, as specified. The bill would make May 31 the uniform date for the commissioner to notify these licensees of the amount assessed for the next year, and generally give 30 days to all of these licensees to pay the assessment. The bill would authorize the commissioner, whenever he or she found it is necessary or advisable, to conduct a nonroutine examination of, or to devote any extraordinary attention to, any licensee and charge and collect from that licensee the department's expenses, including, but not limited to, hourly wages and travel costs, for doing so. The bill would authorize the commissioner to maintain an action for the recovery of these costs in any court of competent jurisdiction. This bill would raise the minimum assessment for a licensee under the Check Sellers, Bill Payers and Proraters Law from $150 to $1,000, and the California Finance Lenders Law from $250 to $800. The bill would modify the minimum calculation of an assessment for a licensee under the Escrow Law based on $5,000 per main office and $3,500 per each branch location, and the California Residential Mortgage Lending Act, based on mortgages loan originated by the licensee.
(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. This bill would appropriate, for the 2015–16 fiscal year, $1,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to applicant local educational agencies for the purpose of implementing a pilot program to train kindergarten and grades 1 to 12, inclusive, teachers to more effectively utilize technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California's next-generation online assessments, as well as to prepare pupils for college and career objectives, thereby making an appropriation. The bill would require the Superintendent to develop an application process for the allocation of funds appropriated for the implementation of the pilot program that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals. The bill would authorize any local educational agency in the state to apply to the Superintendent for funding to implement the pilot program, as specified. The bill would repeal these provisions on January 1, 2020. (2) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as "GO-Biz," to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the Infrastructure and Economic Development Bank within GO-Biz to, among other things, assist in the promotion of economic development throughout the state. This bill would enact the Small Business Technical Assistance Act of 2015, within the bank under the direction of GO-Biz to, among other things, serve as the lead state entity for overseeing the state's participation with the federal California Small Business Development Center Program, the Women's Business Center program, the Veteran Business Outreach Center program, the Service Corps of Retired Executives (SCORE) , and the Procurement Technical Assistance Cooperative Agreement program. The bill would also recognize those federal programs, and would authorize GO-Biz or any other state entity to contract with a federal small business technical assistance center. The bill would require the State Chair of the California Small Business Development Center Leadership Council, or the contract lead for any of the other federal small business technical assistance centers, to report specific information to GO-Biz relating to any year that state funds are appropriated to support the California Small Business Development Center Program or any of the other federal small business technical assistance center programs, and would, in turn, require the director of GO-Biz or the contract lead for any of the other small business technical assistance centers to provide that report to the Legislature and post the report on the GO-Biz's Internet Web site. The bill would also require the state chair, as a condition of accepting state funds, to allow access to other information about those federal programs under certain conditions. The bill would make legislative findings and declarations in this regard.
Existing law establishes the Department of Veterans Affairs and designates the Secretary of Veterans Affairs as the chief administrative officer of the department. Existing law also establishes the California Veterans Board, and requires the board to advise the department and secretary on policies for operations of the department. Existing law provides for veterans programs, including the veterans farm and home purchase programs, and provides for veterans homes. This bill would create the office of Internal Audits for Veterans Affairs, the chief auditor of which would be subject to the direction of the secretary within the department. The bill would require the chief auditor to be appointed by the Governor, subject to Senate confirmation. The chief auditor would be responsible for reviewing and investigating, at the request of the secretary or other members of senior management of the department, the operations and financial condition of each California veterans home, each veterans farm and home purchase program, and other department programs and functions. Beginning January 1, 2017, and each year thereafter, the bill would require the chief auditor to submit a summary report to the board and the appropriate committees of the Legislature providing information about the office's activities and recommendations that lead to departmental efficiencies and improvements. The bill would authorize the chief auditor to receive communications from any individual who believes he or she may have information that warrants a review or investigation of a veterans program. The bill would require the chief auditor to establish a toll-free telephone number to report alleged wrongdoing regarding veterans programs. The bill would repeal the provisions described above on January 1, 2020. Existing constitutional provisions require that a statute that limits the right of access to the meetings of 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.
