Existing law provides that any person convicted of the unlawful sale of cocaine or heroin who is eligible for and granted probation shall, as a condition of that probation, be confined in a county jail for at least 180 days, except as provided. This bill would also provide that any person convicted of selling methamphetamine who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation, except as provided. By requiring confinement in a county jail as a condition of probation, 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.
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Existing federal law requires that fur products be labeled with the names of any animals used, manufacturer, country of origin, and other specified information. Fur products with a relatively small quantity or value of fur that is worth $150 or less are exempt from these labeling requirements. This bill, commencing September 1, 2011, would prohibit the sale or display for sale of any coat, jacket, garment, or other clothing apparel made wholly or partially of fur, regardless of the price of the apparel or the amount or value of the fur contained therein, without having attached thereto and conspicuously displayed a tag or label including the names of the animals from which the fur was acquired and the country of origin of any imported furs. Used articles of clothing would be exempt from these labeling requirements. The bill would provide that any violation of the labeling requirements is subject to a civil penalty of not more than $500 for the first violation, and not more than $1,000 for each subsequent violation, except as specified.
Existing law requires that application for a vote by mail voter's ballot be made in writing to the elections official having jurisdiction over the election during a specified period prior to the election, except as specified. This bill would allow a local elections official to offer a voter the ability to apply for a vote by mail voter's ballot by telephone. The bill would require a telephone applicant for a vote by mail voter's ballot to provide specified information to the elections official.
Existing law, until January 1, 2014, allows certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for contracting on transportation projects, as specified. This bill would authorize the Riverside County Transportation Commission, if authorized by the commission, to utilize this design-build procurement process for the State Route 91 Corridor Improvements Project on the state highway system. The bill would make the Department of Transportation responsible for the performance of construction inspection services for the project, as specified, and would require the commission to report on the progress of the project and related matters to specified legislative committees. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as defined, that includes the provision of specified services and activities. Under existing law, a child may be deemed a "migrant child" for a period not to exceed 5 years during which the child resides in an area where programs are provided for migrant children. Existing law requires priority to be given to programs and activities for migrant children and prohibits migrant programs from being provided solely for children who have ceased to migrate. This bill would reduce the number of years a child may be deemed a migrant child from 5 years to 3 years. The bill would delete the provisions above regarding priority and the prohibition against programs solely for children who have ceased to migrate, and would instead specify that priority for services shall be consistent with federal law. (2) Existing law requires the Superintendent of Public Instruction to establish the service regional system as the primary method for the delivery of services to migrant children and requires that regions be contiguous, with no less than 1,500, and no more than 8,000, migratory children. The bill would delete the cap on the number of migratory children that may be served in a region. (3) Existing law requires the Superintendent of Public Instruction to sponsor an annual State Parent Advisory Council Conference, and requires the council to prepare and submit a report to the Legislature, the State Board of Education, and the Governor regarding the status of the migrant education program. Existing law also requires the Superintendent and each operating agency to establish and implement training programs for members of the statewide and operating agency parent advisory councils to enable them to carry out their responsibilities. The bill would require the report to include an evaluation of the program, a review of annual needs, a year-end assessment, policy recommendations, and the data collected regarding the program. The bill would require the council to submit the report within 120 days from the conclusion of a training program on preparing the report provided by the Superintendent. (4) The bill also would make clarifying and nonsubstantive changes.
Existing law provides for the regulation of various types of insurance by the Department of Insurance. This bill would provide for the regulation of pet insurance, as defined. The bill would, in connection with the sale of a new, amended, or renewed pet insurance policy on or after July 1, 2011, require pet insurers to reasonably disclose to the consumer (1) if the policy excludes coverage on the basis of a preexisting condition or other disorder, as specified, (2) any policy provision that limits coverage in a specified manner, and (3) whether the insurer reduces coverage or increases premiums based on claims experience in any preceding policy period. The bill would also, with respect to pet insurance policies marketed, issued, amended, renewed, or delivered on or after July 1, 2011, require pet insurers that determine claim payments on any basis or that use a benefit schedule to clearly disclose that basis or schedule in the policy and through a link on the insurer's Internet Web site, as specified. The bill would enact other related provisions. The bill would require the department to post on its Internet Web site a list of the insurers that offer, issue, or underwrite pet insurance in the state; the names of the products that those insurers offer, issue, or underwrite; the names of their general agents with authority to offer, issue, or underwrite pet insurance; and a link to insurers' company profiles maintained by the department.
Existing law provides for the regulation of various professions and vocations, including those of an athlete agent. This bill would make it unlawful for any person to hold himself or herself out as a certified athletic trainer unless he or she has been certified by the Board of Certification, Inc., and has either graduated from a college or university, after completing an accredited athletic training education program, as specified, or completed requirements for certification by the Board of Certification, Inc., prior to January 1, 2004. The bill would make it an unfair business practice to violate these provisions.
Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a violation of this requirement. Existing law provides that for the purposes of provisions of law relating to the payment of prevailing wages, "public works" includes specified types of construction, alteration, demolition, installation, and repair work. This bill would revise the definition of "public works" for these purposes to include the construction, alteration, demolition, installation, and repair work done under private contract when specified conditions are met, including the requirement that the work is performed in connection with the construction or maintenance of renewable energy generation capacity, located on property wholly or partially owned by a school district or community college district, or on public property, specifically to serve a school district or community college district. Because the violation of prevailing wage requirements by local public entities when engaged in these public works projects would result in the imposition of misdemeanor penalties, 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.
Existing law sets forth the general policy that the workweek of a state employee shall be 40 hours and authorizes workweeks of different hours to be established in order to meet varying needs of different state agencies. Existing law also authorizes the Governor to require that the 40-hour workweek be worked in 4 days in any state agency or part thereof when the Governor determines that the best interests of the state would be served thereby. Existing law vests the Department of Personnel Administration with the duties and responsibilities exercised by the State Personnel Board with respect to the administration of salaries, hours, and other personnel-related matters. This bill would, except as otherwise specifically authorized by the Legislature, provide that employees of the Franchise Tax Board and the State Board of Equalization would not be subject to furloughs implemented by any Executive order or by any other action of a state agency, board, or commission. The bill would also prohibit a state agency, board, or commission from directly or indirectly implementing, or assisting in implementing, a furlough of those employees. The bill would define "employee" for the purpose of those provisions and would also specify that nothing in the bill shall be construed as legal authorization for the imposition of furloughs on employees through an Executive order.
Existing law states that it is the policy of the state that the workweek of the state employee shall be 40 hours, and the workday of state employees 8 hours, except that workweeks and workdays of a different number of hours may be established in order to meet the varying needs of the different state agencies. Executive Order Nos. S-16-08 and S-13-09 imposed 3 unpaid furlough days on state employees. This bill would prohibit a state employee from being furloughed when the unemployment rate in California during the previous month reached or exceeded 8.5%, and the employee's position is at least 95% funded by the federal government, performs services that combat the state's recession, and works for the California Unemployment Insurance Appeals Board or the Employment Development Department. The bill would also make related findings and declarations.