Asm. Donald Wagner

Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies. This bill would require each agency to review each regulation adopted prior to January 1, 2011, and to develop a report with prescribed information that shall be submitted to the Legislature on or before January 1, 2013. The bill would also require each agency, on or before January 1, 2018, and at least every 5 years thereafter, to conduct additional reviews of regulations that have been in effect for at least 20 years, as specified, and to submit an annual report to the Legislature that identifies the regulations reviewed during that year and the associated findings.

Existing law authorizes public agencies, as defined, to hold liable any person who is under the influence of an alcoholic beverage, any drug, or the combination of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle, a boat or vessel, or a civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes an incident resulting in an appropriate emergency response, for the expense of that emergency response. This bill would prohibit a city, including a charter city, county, district, municipal corporation, or public authority from charging a fee to any person, regardless of residency, for the expense of an emergency response, as specified, except where a fee is otherwise authorized. This bill would provide that its provisions do not apply to a special district unless that special district receives revenue from transaction and use taxes, as specified. The bill would also express a legislative finding and declaration that the availability and use of emergency response resources throughout the state is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill.

This bill would urge the United States Patent and Trademark Office to place a satellite office in California.

Existing law, as amended by Proposition 21, adopted March 7, 2000, and by Proposition 83, adopted November 7, 2006, provides for a list of crimes called "violent felonies" and "serious felonies." Other existing law provides specified enhancements to the punishments of certain repeat, state-prison bound offenders with prior violent or serious felony convictions. The initiative statutes provide that any amendment of these provisions by the Legislature shall require a 23 vote of the membership of each house. Existing law defines battery as any willful or unlawful use of force or violence upon the person of another. Existing law provides that battery committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, as specified, is punishable as a misdemeanor or a felony. Existing law provides that battery against a peace officer, as specified, is punishable as a misdemeanor or a felony. This bill would add felony battery against the above-named persons to the list of "serious felonies" and to the list of "violent felonies." Existing law specifies, for purposes of the sentence enhancements specified above, that the statutes comprising the lists of violent and serious felonies be interpreted as they existed at the time the provisions were enacted, including amendments made to those statutes during the 2005–06 Regular Session of the Legislature, as specified. This bill would likewise require those statutes to be interpreted as they would be amended following the enactment of this bill for purposes of sentence enhancements. By expanding the punishments for existing crimes, 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 no reimbursement is required by this act for a specified reason.

This measure would designate that January 16, 2012, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, 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.

The California Constitution gives workers the right to a mechanics lien for the value of labor and materials provided for the improvement of real property, and authorizes the Legislature to provide for the speedy and efficient enforcement of these liens. Existing law requires a claim of mechanics lien to be served on the owner or reputed owner of the property in order to be valid, and requires a proof of service affidavit to show the name of the person upon whom the mechanics lien was served. This bill would clarify that the affidavit is required to show the name of the owner or reputed owner of the property, and the title or capacity in which the person or entity was served.

Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , on a biennial basis beginning in 2003, to adopt an integrated energy policy report providing information on specified subjects related to energy. Existing law establishes the Renewable Resource Trust Fund, a continuously appropriated fund appropriated to the Energy Commission, for the purposes of funding programs designed to foster the development of new in-state renewable electricity generation technology facilities. This bill would require the Energy Commission to conduct research on generating electricity using piezoelectric transducers under roadways or railways. The bill would require the Energy Commission to establish pilot projects that would employ piezoelectric-based energy-harvesting technology, if the Energy Commission determines that the technology has the potential to generate electricity with performance, reliability, and cost projections that are comparable to existing or emerging renewable energy sources. The bill would require the Energy Commission to collaborate with the Department of Transportation and would require the department to conduct research on the piezoelectric-based energy-harvesting technology according to the department's usual research protocol if the pilot project is conducted in a facility that is part of the state highway or rail system under the department's jurisdiction. The bill would authorize the Energy Commission to expend the moneys in the Renewable Resource Trust Fund, upon appropriation by the Legislature, to implement this research. The Energy Commission would be required to report its findings in the integrated energy policy report adopted in 2013. These provisions would be repealed on January 1, 2015.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. Existing law requires a regional center to include specified information on its Internet Web site for the purpose of promoting transparency and access to public information that includes specified information. This bill would add prescribed information to this requirement.

Existing law provides for the confidentiality of financial records but does not prohibit various state and local officers and agencies from requesting information from an office or branch of a financial institution and the office or branch from responding to the request, as to whether a person has an account or accounts at that office or branch and, if so, any identifying numbers of the account or accounts. Existing law provides that a county adult protective services office and a long-term care ombudsman when investigating the financial abuse of an elder or dependent adult is similarly not prohibited from requesting financial information and the office or branch is not prohibited from responding to the request. The Elder Abuse and Dependent Adult Civil Protection Act establishes procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires persons, defined as mandated reporters, to report known or suspected instances of elder or dependent adult abuse. Under the act, care custodians of elder or dependent adults and local law enforcement agencies are mandated reporters. A violation of the reporting requirements by a mandated reporter is a misdemeanor. Existing law, until January 1, 2013, includes within these reporting requirements mandated reporters of suspected financial abuse, as defined, and, with certain exceptions, makes failure to comply with these requirements subject to a civil penalty. This bill would delete the January 1, 2013, repeal date. This bill would incorporate additional changes in Section 15630.1 of the Welfare and Institutions Code, proposed by SB 718, to be operative only if SB 718 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

This measure would recognize October 2011 as Domestic Violence Awareness Month and urge all Californians to take a stand against domestic violence.