Existing law, amended by Proposition 21, an initiative measure enacted by voters at the March 7, 2000, statewide primary election, and requiring a 23 vote of the Legislature to amend, makes a person who maliciously commits specified destructive acts with respect to another's property guilty of vandalism. Existing law requires the court, when appropriate and feasible, to order a defendant who is convicted of violating this provision, or to order the defendant and his or her parents, if the defendant is a minor, to clean up, repair, or replace the damaged property or keep the damaged property or another specified property in the community free of graffiti for up to one year. This bill would provide that if the defacement, damage, or destruction is determined by the finder of fact to further criminal gang activity, the act of vandalism is punishable by imprisonment in a state prison or in the county jail not exceeding one year, or by a fine of not more than $10,000, or by both that fine and imprisonment. The bill would also authorize a court to grant probation and, as a condition of probation, order the defendant to participate in a local intervention program and also order gang terms. By increasing the penalties for 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.
Sponsored bills
Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws. This bill would establish in the division the Labor Standards Consultation Unit for the purpose of providing consulting services to an employer or employee regarding compliance with labor standards. The bill would authorize the unit to charge a requester a fee for consulting services provided, not to exceed the actual cost to the unit, and to fund its operation from grants obtained from for-profit or not-for-profit nongovernmental entities. The bill would prohibit the division from citing an employer for a violation of any labor standard, order, or regulation discovered as a result of an employer requesting or accepting services from the unit pursuant to the bill if the employer remedies the violation within 30 days.
Existing law exempts from limitations as to length of vehicles and loads, the transportation of poles and the tools and materials incidental to the work to be performed when transported on a pole or pipe dolly or otherwise lawful semitrailer used as a pole or pipe dolly under specified circumstances. This bill would apply this exemption to the vehicle combination when it returns to its original storage yard or point of origin.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law, the federal Health Insurance Portability and Accountability Act of 1996, establishes certain requirements relating to the provision of health insurance and the protection of privacy of individually identifiable health information. The act authorizes group health plans to permit health insurance issuers, as defined, to disclose protected health information to plan sponsors if specified requirements are met. This bill would, on and after July 1, 2010, require a health insurance issuer that receives a written request for a written report of claim information from a plan, plan sponsor, or plan administrator with respect to a group health plan issued by the issuer, to provide that report to the requesting party no later than 30 days after receipt of the request. The bill would require the report to be provided in a specified manner and to include specified information. The bill would prohibit the health insurance issuer from disclosing any information protected under federal or state law. The bill would make a health insurance issuer that fails to comply with these requirements subject to administrative penalties. The bill would define various terms and enact related provisions.
Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. Regulations adopted by the state board require an Enhanced Vapor Recovery Phase II upgrade by April 1, 2009, as provided. This bill would prohibit the state board from requiring a gasoline dispensing facility owned or operated by a local government that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Governor to proclaim various days as holidays and days of remembrance. Existing law also designates certain days in each year as having special significance for purposes of encouraging schools to observe those days and conduct suitable commemorative exercises. This bill would require the Governor to annually proclaim March 30 of each year as "Welcome Home Vietnam Veterans Day." The bill would also encourage schools to conduct exercises on March 30 of each year to recognize the contributions of those involved in the Vietnam conflict.
(1) Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill would exempt a gasoline dispensing facility that does not meet these requirements from penalties for failing to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
(1) Existing law requires that, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given, in a prescribed manner, before May 15. This bill would express findings and declarations of the Legislature relating to the effect of the outcome of the May 19, 2009, special election on school district budgets. The bill would require that, in 2009 only, the deadline for the notice of termination of services be changed to June 15. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act. CEQA provides for various exemptions from its requirements. Existing law requires cities and counties to prepare, adopt, and amend general plans containing specified elements. This bill would exempt from CEQA any activity or approval, necessary or incidental to, the development, planning, design, site acquisition, subdivision, financing, leasing, construction, operation, or maintenance of a stadium complex and associated development included in the same project or approval together with any accessory roadway, utility, or other infrastructure improvement to that stadium complex and associated development, for which an application for the project or approval was submitted on or before January 31, 2009, to the City of Industry, if specified requirements are met. The bill would require the city to require the stadium complex and associated development to comply with those mitigation measures that are contained in a mitigation monitoring and reporting program that is adopted by the City of Industry in connection with the stadium complex and associated development. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program. The bill also would exempt from any legal requirement concerning the content of a general plan or consistency with a general plan, and prohibit those requirements from resulting in the invalidation of, the city's approval of, and decisions regarding, specified actions taken with respect to the stadium complex and associated development included in the same project or approval and any accessory improvements to that stadium complex and associated development. The bill additionally would provide that a consistency determination is not required by the city for any decision with respect to those actions. (2) The bill would have retroactive application. (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. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
Under existing law, the Department of General Services, except in the case of contracts for professional bond services, is the administering agency of the California Disabled Veteran Business Enterprise Program, which requires state agencies and all other state entities contracting for materials, supplies, equipment, alteration, repair, or improvement to have at least 3% participation goals for disabled veteran business enterprises. Existing law specifies the duties of the Department of General Services and the Department of Veterans Affairs in meeting that requirement, and sets standards for meeting the program's participation goals, as provided. This bill would require an awarding department, upon completion of an awarded contract for which a commitment to achieve a disabled veteran business enterprise goal was made, to require the prime contractor that entered into a subcontract with a disabled veteran business enterprise to certify to the awarding department certain information pertaining to the contract, and that all payments under the contract have been made to the disabled veteran business enterprise. This bill would also require an awarding department to keep that certification on file. This bill would specify that a person or entity that knowingly provides false information is subject to a civil penalty, as specified, and that an action for a civil penalty may be brought by any public prosecutor in the name of the people of the State of California. The bill would authorize a prime contractor, subject to the approval of the Department of General Services, to replace a disabled veteran business enterprise identified by the prime contractor in its bid or offer, as provided, with another disabled veteran business enterprise.