Asm. Brian Maienschein

Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism and requires an officer, including a county public guardian or a county mental health program, to conduct a conservatorship investigation. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment for a gravely disabled person may recommend a conservatorship for that person. Existing law requires the officer providing conservatorship investigation, when he or she concurs with the recommendation, to petition the superior court in the patient's county of residence for a conservatorship. This bill would instead require the officer providing conservatorship investigation to petition the superior court for a conservatorship for a gravely disabled person whenever the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment recommends conservatorship for a gravely disabled person. By expanding the duties of the county officer providing conservatorship investigation, 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, 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 permits, and with respect to certain sex offenders requires, the use of electronic monitoring by county probation departments and the Department of Corrections and Rehabilitation to electronically monitor the whereabouts of persons on postrelease community supervision and parole, respectively. Under existing law, a person on postrelease community supervision parole, or mandatory supervision who fails to comply with the rules or conditions for the use of electronic monitoring as a supervision tool may be found to have violated the terms of his or her postrelease community supervision parole, or mandatory supervision, respectively, and may be required to serve a term of imprisonment in the county jail. This bill would provide that unauthorized removal, as specified, of an electronic, global positioning system (GPS) , or other monitoring device affixed as a condition of postrelease community supervision parole, or mandatory supervision is an offense punishable by imprisonment in the county jail for not more than one year, or in the state prison for 16 months, 2 years, or 3 years. This bill would also provide that a person on postrelease community supervision parole, or mandatory supervision who is ordered pursuant to a revocation hearing to serve a term of imprisonment, incarceration, or confinement for violating the conditions of release, when the violation was based on the removal or disabling of an electronic, GPS, or other monitoring device affixed as a condition of release, and the person has not been prosecuted for that conduct, shall serve that term in the state prison. This bill would also make related, conforming changes. By creating a new 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.

Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes, among other programs, the Cal Grant A Entitlement Program, the Cal Grant B Entitlement Program, the California Community College Transfer Cal Grant Entitlement Program, and the Competitive Cal Grant A and B award program, under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs. This bill would, commencing with the 2014–15 academic year, entitle an otherwise eligible student who is a member or former member of the Armed Forces of the United States, as defined, who meets prescribed requirements, including, but not limited to, enrollment in a qualifying undergraduate certificate or degree program, to a Cal Grant A Entitlement Award or a Cal Grant B Entitlement Award. The bill also would require the commission to make preliminary awards to all applicants currently eligible for an award under the program, and would require each person who receives a preliminary award to affirm, in writing, that he or she meets specified requirements for eligibility in the program. The bill would require the commission to randomly select at least 10% of the new and renewal awards made under the program and verify that the student meets specified requirements for eligibility. The bill would require the commission to seek repayment of any funds found to be improperly disbursed under the program, and would require the commission to submit an annual report to the Legislature and the Governor regarding, among other things, the number of awards made under this program.

Existing law establishes a variety of offenses relating to cruelty to animals. Existing law generally provides that a person that violates certain animal at-large provisions is guilty of a misdemeanor and upon conviction is required to be punished by a fine of not less than $100 nor more than $1,000, by imprisonment of not less than 10 days nor more than 1 year, or by both the fine and imprisonment, as prescribed. This bill would require any person, with certain exceptions, who willfully or knowingly documents evidence of animal cruelty to provide a copy of the documentary evidence obtained to local law enforcement within 120 hours of documentation, and would make a violation of this requirement an infraction punishable by a fine of $250. The bill would provide that a person shall not be civilly or criminally liable for providing documentary evidence of suspected animal cruelty as required by the bill, or for providing a law enforcement agency with information about the person or employer suspected of animal cruelty. The bill would define animal cruelty for its purposes as any act involving an animal, as defined, or poultry, as defined, described in prescribed criminal offenses. The bill would enact other related provisions. Because a violation of the requirement to provide a copy of documentary evidence of animal cruelty to local law enforcement, as prescribed, would be an infraction, this bill would impose a state-mandated local program by creating a new crime. 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 provides that an adult who receives services for the developmentally disabled must be provided habilitation services, which include services provided under the Supported Employment Program, when he or she satisfies specified eligibility requirements. Existing law provides that, if a consumer is referred for vocational rehabilitation services and is placed on a waiting list for certain reasons, the regional renter must authorize appropriate services for the consumer until services can be provided by the vocational rehabilitation program. Existing law requires the interim program provider to be paid a fee of $360 or $720, as specified, to provide these interim services. This bill would increase the hourly rate paid to providers of individualized and group-supported employment services to $34.24 and increase the fees paid to the interim program providers to $400 and $800, respectively.

The Moscone-Knox Professional Corporation Act provides for the organization of a corporation under certain existing law for the purposes of qualifying as a professional corporation under that act and rendering professional services. The act defines a professional corporation as a corporation organized under the General Corporation Law or pursuant to specified law that is engaged in rendering professional services in a single profession, except as otherwise authorized in the act, pursuant to a certificate of registration issued by the governmental agency regulating the profession and that in its practice or business designates itself as a professional or other corporation as may be required by statute. The act authorizes specified listed types of healing arts practitioners to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares. This bill would specify that those provisions do not limit the employment by a professional corporation to only those specified licensed professionals. The bill would authorize any person duly licensed under the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to be employed to render professional services by a professional corporation.

Existing law requires each county and city and county receiving specified funds to establish and maintain a local health and welfare fund comprised of several accounts, including a mental health account, a social services account, and a health account. This bill would authorize a county or city and county to reallocate up to 10% of the amount deposited each fiscal year in the local health account, or local social services account, or both, to the local mental health account, as specified.

Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. The bill would exempt from those taxes, on and after January 1, 2014, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of property, as specified, qualified tangible personal property purchased for use by a contractor for specified purposes, as provided, and tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, and the Local Revenue Fund. This bill would take effect immediately as a tax levy.

Under existing law, it is the policy of the state that all children in foster care have specified rights, including the right to live in a safe, healthy, and comfortable home where they are treated with respect, the right to be free from physical, sexual, emotional, or other abuse, or corporal punishment, and the right to receive adequate and healthy food, adequate clothing, and medical, dental, vision, and mental health services. This bill would require the State Department of Social Services, in consultation with the County Welfare Directors Association, foster parents, caregivers, and current and former foster youth, to develop and implement a foster parent evaluation process. The bill would require that evaluation process to include a process to allow foster youth over 10 years of age and nonminor dependents to provide feedback on the quality of care received in licensed or certified foster homes and group homes at least every 6 months and upon any exit from those homes. The bill would also require the evaluation process to include the development of an evaluation tool in partnership with current and former foster youth and caregivers that allows youth to provide feedback on the quality of care received, as specified, including feedback on the caregivers' honoring of the rights of foster youth. The bill would require the department to implement the foster parent evaluation process and promulgate all necessary regulations pursuant to this provision on or before January 1, 2015.