Rep. Mike Eng

(1) Existing law, until January 1, 2013, requires a 30-day notice, as specified, to be given to the borrower of certain home mortgages, as specified, before a mortgagee, trustee, beneficiary, or authorized agent may file a notice of default. Existing law requires the notice of default to include certain information, as specified. Existing law also requires contact with the borrower, as defined, in order to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure. Existing law authorizes a borrower to designate a HUD-certified housing counseling agency, attorney, or other advisor to discuss with the mortgagee, beneficiary, or authorized agent, on the borrower's behalf, options for the borrower to avoid foreclosure. Under existing law, it is a crime to tear down the notice of sale posted on a property within 72 hours of posting. Existing law, until January 1, 2013, requires a legal owner to maintain vacant residential property acquired through foreclosure. Existing law also authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation, after notice and an opportunity to correct the violation is given. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely. Because this bill would change the definition of a crime, it would impose a state-mandated local program. (2) Existing law, until January 1, 2013, requires a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure to be given 60 days' written notice to quit the property before being removed. This bill would delete the repeal clause for this provision and thus extend the operation of this provision indefinitely. (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.

This resolution would recognize the month of January 2012, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2012, and each following February 1, as California's Free From Slavery Day.

Existing law requires the Commissioner of Corporations to submit a report, on or before January 1, 2014, to the Senate Committee on Banking, Finance and Insurance and the Assembly Committee on Banking and Finance summarizing the utilization of the Pilot Program for Affordable Credit-Building Opportunities and including recommendations relative to the continuation of the program. This bill would specify that the report is required to be submitted to the Senate Committee on Banking and Financial Institutions and the Assembly Committee on Banking and Finance.

(1) Existing state and federal laws, including the federal Voting Rights Act of 1965, require elections officials to provide language assistance to voters with limited English proficiency in order to access voting information and cast their votes at the polling place. Existing law also requires elections officials, under specified circumstances, to make reasonable efforts to recruit elections officials who are fluent in a language used by citizens who lack sufficient skill in English to vote without assistance. This bill would revise the recruitment provisions to apply to precincts where the elections official is required to post translated facsimile ballots and would require each county, not later than 60 days before the first statewide election held in every even-numbered year, to submit a specified report to the Secretary of State describing the county's plan for compliance with state and federal laws enacted to assist voters with limited English proficiency. The bill would require that this report be made available to the public upon request and that the Secretary of State issue guidance for a uniform standard report format for this purpose that includes, at a minimum, specified information that sets forth the county's plan for protecting the rights of these voters. By increasing the duties of local elections officials, the bill would impose a state-mandated local program. The bill would also require the elections official to evaluate complaints filed against precinct board members and would require the Secretary of State to select the best practices and resources for precinct board member training. The Secretary of State would also be required to consult with an advisory body composed of specified members for this purpose and to report violations of these provisions pursuant to law. (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, 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.

Existing law, the Small Business Procurement and Contract Act, requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill would, on and after July 1, 2012, authorize the Department of General Services to direct all state agencies, departments, boards, and commissions to establish the goal to achieve not less than 25% participation by small businesses and, to the extent permitted by law, not less than 5% women's business enterprise participation and not less than 15% minority business enterprises participation, and not less than 3% disabled veteran business enterprise participation in state procurements and contracts. The bill also would require the heads of those state agencies, departments, boards, and commissions to implement and administer the state's procurement and contract processes in order to meet or exceed the goals, and to report to the Director of General Services statistics regarding small business, women's business enterprise, minority business enterprise, and disabled veteran business enterprise participation in those agencies' procurements and contracts. The bill would authorize the Department of General Services to establish policies and procedures to monitor the progress of the agencies toward meeting the goal of not less than 25% participation by small businesses and, to the extent permitted by law, not less than 5% women's business enterprise participation and not less than 15% minority business enterprise participation, and not less than 3% disabled veteran business enterprise participation and to provide this information to the Office of Small Business Advocate. The bill would also authorize the Department of General Services to require a state agency, department, board, or commission that has not achieved its fiscal year goals to submit an implementation and corrective action plan, and to submit such a plan every year thereafter, as long as that agency fails to meet or exceed the goals. The bill would also authorize the department to establish criteria for such a plan, as specified. The bill would authorize the department to undertake reasonable means to assist agencies in improving small business, women's business enterprise, minority business enterprise, and disabled veteran business enterprise participation in those agencies' contracting.

Existing law, the Song-Beverly Consumer Warranty Act, requires every manufacturer, distributor, or retailer making express warranties with respect to consumer goods to fully set forth those warranties in simple and readily understood language, and to clearly identify the party making the express warranties, as specified. This bill would require every manufacturer, distributor, or retailer making express warranties with respect to a new vehicle also to fully set forth, in simple and readily understood language, a detailed list of items that are not covered under the warranty.

The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control and requires the Department of Alcoholic Beverage Control to deny the issuance of a license if that issuance would result in or add to an undue concentration of licenses, subject to specified exceptions. Existing law also requires the Department of Alcoholic Beverage Control to issue a duplicate license to a winegrower or brandy manufacturer for locations other than his or her wine production or brandy manufacture premises. This bill would provide that where wine by the glass will be sold on the premises of a duplicate license that is located in an area of undue concentration, as defined, the request for the duplicate license is subject to specified provisions before it may be issued by the Department of Alcoholic Beverage Control.

Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi‑Cal program administered by the State Department of Health Care Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. Commencing January 1, 2014, the federal Patient Protection and Affordable Care Act requires every individual to be covered under minimum essential coverage, as specified, and requires every health insurance issuer issuing individual or group health insurance coverage to accept every employer and individual who applies for coverage. Existing law establishes the California Health Benefit Exchange to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. The bill would create the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. The bill would create the Office of Patient Advocacy within the agency to represent the interests of health care consumers relative to the system. The bill would create within the agency the Office of Health Planning to plan for the health care needs of the population, and the Office of Health Care Quality, headed by a chief medical officer, to support the delivery of high-quality care and promote provider and patient satisfaction. The bill would create the Office of Inspector General for the California Healthcare System within the Attorney General's office, which would have various oversight powers. The bill would prohibit health care service plan contracts or health insurance policies from being issued for services covered by the California Healthcare System, subject to appropriation by the Legislature, and would authorize the collection of penalty moneys for deposit into the Healthcare Fund, which the bill would create. The bill would create the Payments Board to administer the finances of the California Healthcare System. The bill would create the California Healthcare Premium Commission (Premium Commission) to determine the cost of the California Healthcare System and to develop a premium structure for the system that complies with specified standards. The bill would require the Premium Commission to recommend a premium structure to the Governor and the Legislature on or before January 1, 2014, and to make a draft recommendation to the Governor, the Legislature, and the public 90 days before submitting its final premium structure recommendation. The bill would specify that only its provisions relating to the Premium Commission would become operative on January 1, 2013, with its remaining provisions becoming operative on the earlier of the date the Secretary of California Health and Human Services notifies the Legislature, as specified, that sufficient funding exists to implement the California Healthcare System and the date the secretary receives the necessary federal waiver under the federal Patient Protection and Affordable Care Act. The bill would extend the application of certain insurance fraud laws to providers of services and products under the system, thereby imposing a state-mandated local program by revising the definition of a crime. The bill would enact other related provisions relative to budgeting, regional entities, federal preemption, subrogation, collective bargaining agreements, compensation of health care providers, conflict of interest, patient grievances, and independent medical review. 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 Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law also provides for the certification and regulation of radiologic technologists by the State Department of Public Health. This bill would requireprohibit a person from holding himself or herself out as a certified radiologist assistant unless he or she meets specified licensure and programmatic requirements, including completion of an approved program that is certified by the American Registry of Radiologic Technologists, as specified. This bill would make it an unfair business practice for any person to use the title of "certified radiologist assistant" or any other term, including "licensed," "registered," or "RA," that implies or suggests that the person is certified as a radiologist assistant, if the person does not meet the requirements described above. This bill would also prescribe the services that may be performed by a certified radiologist assistant under the supervision of a qualified physician and surgeon, including specifying that a certified radiologist assistant would be authorized to make initial observations regarding the images for the qualified physician and surgeon but would be prohibited from providing image interpretation, providing a diagnosis, or prescribing medications or therapies.