Asm. Tom Daly

Existing law makes mail theft, as defined, a public offense punishable by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. This bill would make that crime punishable by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, as specified. By increasing the penalty for an existing 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 requires the State Department of Public Health to submit a report to the Legislature, on or before January 1, 2019, that includes, among other things, a summary and compilation of recommendations on diabetes prevention and management from specified sources and policy recommendations for the prevention and management of diabetes. Existing law requires the department to annually post certain information relating to preventing or managing diabetes on its Internet Web site. This bill would require the State Department of Public Health and the State Department of Health Care Services to jointly develop a strategy for diabetes awareness and prevention, and to report that strategy and related findings to the Legislature and the Governor on or before July 1, 2018.

Existing law makes it an infraction to throw an object on or across the court or field of play with the intent to interfere with play or distract a player or to enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until the participants of play have completed the playing time of the sporting event. This bill would make the above crime an infraction, punishable by a fine not to exceed $1,000, or a misdemeanor, punishable by imprisonment in a county jail not to exceed 10 days, by a fine not exceeding $2,500, or by both that fine and imprisonment. The bill would make a 2nd or subsequent violation within 5 years of a prior violation of that prohibition a misdemeanor, punishable by imprisonment in a county jail for not more than 60 days, by a fine not exceeding $5,000, or by both that fine and imprisonment. By increasing the punishment for a crime, 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.

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 or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA. CEQA requires the office to develop criteria for determining the significance of transportation impacts of project within transit priority areas that promote, among other things, the reduction of greenhouse gas emissions. CEQA requires the office, in developing the criteria, to recommend potential metrics to measure transportation impacts of projects that may include, among other things, vehicle miles traveled. CEQA authorizes the office to establish criteria for models used to analyze transportation impacts. CEQA authorizes the office to adopt those criteria for determining the significance of transportation impacts of projects outside transit priority areas. This bill would require the office to establish and maintain a vehicle-miles-traveled database containing methodological guidance on which models should be used for particular types of projects and the best sources of trip-length data for various land-use types.

(1) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. Existing law, the Coordinated Care Initiative (CCI) , requires the department to seek federal approval pursuant to a Medicare or Medicaid demonstration project or waiver, or a combination thereof, to establish a demonstration project that enables beneficiaries who are dually eligible for the Medi-Cal program and the Medicare Program to receive a continuum of services that maximizes access to, and coordination of, benefits between these programs. Existing law requires, with some exceptions, Medi-Cal beneficiaries who have dual eligibility in the Medi-Cal program and the Medicare Program to be assigned as mandatory enrollees into Medi-Cal managed care health plans for their Medi-Cal benefits in counties participating in the CCI. Existing law conditions implementation of the CCI on whether the Director of Finance estimates that the CCI will generate net General Fund savings, as specified. Existing law, with certain exceptions, specifies those provisions of law that are within the scope of the CCI, including those relating to the demonstration project described above, to become inoperative if this condition is not met. Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires, as part of the CCI, Medi-Cal long-term services and supports, including IHSS, to be covered services under managed care health plan contracts and to be available only through managed care health plans to beneficiaries residing in the CCI counties, except as specified. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the requirement that IHSS be a covered service available through managed care health plans in CCI counties, and would continue IHSS as a covered service available through Medi-Cal managed care health plans in those counties. The bill would make conforming changes to related provisions. (2) Existing law permits services to be provided under the IHSS program through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, any public authority created under the IHSS program is deemed to be the employer of in-home support services personnel within the meaning of the Meyers-Milias-Brown Act, which governs local employer-employee relations. Existing law also provides that any nonprofit consortium contracting with a county is deemed the employer of in-home supportive services personnel for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law, as part of the CCI, establishes the California In-Home Supportive Services Authority, referred to as the Statewide Authority, and requires the authority to be the entity authorized to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for any individual provider who is employed by a recipient of supportive services, as specified. Existing law establishes the In-Home Supportive Services Fund within the State Treasury. Existing law requires that moneys in the fund be made available, upon appropriation by the Legislature, to the Statewide Authority for the purposes of funding its functions. Existing law establishes, as part of the CCI, the In-Home Supportive Services Employer-Employee Relations Act, which serves to resolve disputes regarding wages, benefits, and other terms and conditions of employment between the Statewide Authority and recognized employee organizations providing in-home supportive services. Under the act, the Statewide Authority is deemed to be the employer of record, for purposes of collective bargaining, of individual providers of in-home supportive services in each county, as specified. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the provisions establishing the Statewide Authority, the provisions establishing the In-Home Supportive Services Fund, and the IHSS Employer-Employee Relations Act. (3) Existing law requires the state and counties to share the annual cost of providing in-home supportive services, with the state paying to the county 65% of the nonfederal cost and each county paying 35% of the nonfederal cost. Notwithstanding that provision, existing law requires all counties to have a County IHSS Maintenance of Effort (MOE) and requires counties to pay the County IHSS MOE instead of paying the nonfederal share of IHSS costs, as specified. Existing law provides that the County IHSS MOE base year is the 2011–12 state fiscal year and requires the County IHSS MOE from the previous year to be annually adjusted by an inflation factor of 3.5%. Existing law conditions the IHSS MOE requirement on the above-described determination by the Director of Finance. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the IHSS MOE requirement. The bill would make conforming changes in related provisions. This bill would appropriate $650,000,000 from the General Fund to the department for the purpose of continuing to make IHSS available to Medi-Cal beneficiaries pursuant to these provisions.

Existing law establishes the Housing-Related Parks Program, administered by the Department of Housing and Community Development, which provides grants for the creation, development, or rehabilitation of park and recreation facilities to cities, counties, and cities and counties. Existing law requires the department, to the extent that funds are available, to determine the base grant amount to be provided to any city, county, or city and county that meets specified criteria. Existing law establishes the Housing Urban-Suburban-and-Rural Parks Account within the Housing and Emergency Shelter Trust Fund of 2006 to receive funds for the program. This bill would appropriate $50,000,000 from the General Fund to the Urban-Suburban-and-Rural Parks Account for these purposes.

Existing law makes it a misdemeanor, punishable by a fine of not less that $100 nor more than $400, for a person not authorized by the Insurance Commissioner to solicit members for the purpose of completing the organization of a fraternal benefit society to solicit membership for, or assisting in procuring membership for, a nonadmitted fraternal benefit society. This bill would increase the amount of the fine described above to not less than $200 nor more than $500.

This measure would proclaim the period of October 23, 2017, to October 31, 2017, inclusive, as Red Ribbon Week and would encourage all Californians to help build drug-free communities and to participate in drug prevention activities.