The California Beverage Container Recycling and Litter Reduction Act requires a distributor of specified beverage containers to pay a redemption payment to the Department of Resources Recycling and Recovery, for each beverage container, as defined, sold or transferred. Existing law prohibits any person from paying, claiming, or receiving any refund value, processing payment, handling fee, or administrative fee for imported beverage container material, previously redeemed containers, rejected containers, line breakage, or other ineligible material. Existing law also prohibits any person from redeeming or attempting to redeem those containers or materials, returning previously redeemed containers to the marketplace for redemption, or bringing those containers or materials to the marketplace for redemption, as specified. Existing law provides that, for purposes of implementing those provisions, the department shall take all reasonable steps to exclude those items, when conducting surveys to determine a commingled rate for payment on beverage containers. This bill would also require the department, when conducting those surveys, to exclude other ineligible material.
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(1) Existing law authorizes, until January 1, 2014, a school district governing board or community college district governing board to enter into a design-build contract for both the design and construction of a school facility or community college facility, respectively, if specified requirements are met. This bill would extend this design-build authority until January 1, 2020. (2) Existing law states the intent of the Legislature that design-build procurement by a school district or community college district not be construed to extend, limit, or change in any manner the legal responsibility of public agencies and contractors to comply with existing law. This bill would also state the intent of the Legislature that design-build procurement does not replace or eliminate competitive bidding. (3) Existing law requires design-build projects by a school district or community college district to progress in a specified manner, including, among other things, requiring the school district governing board or community college district governing board to prepare a request for proposal setting forth the scope of the project and authorizing the request for proposal to include, but not be limited to, specified information. This bill would require the request for proposal not to include a design-build-operate contract for educational facilities.
Existing law requires a pharmaceutical manufacturer selling or distributing medication that is intended to be self-injected at home to submit, on an annual basis, to the Department of Resources Recycling and Recovery a plan supporting the safe collection and proper disposal of specified waste devices. The manufacturer is required to post and maintain a copy of the plan on its Internet Web site. This bill would require the above plan to be submitted in an electronic format as prescribed by the department. The bill would require the manufacturer to post and maintain a copy of the plan in a readily accessible location on its Internet Web site.
Existing law authorizes a county to establish, by ordinance, a repository and distribution program under which a pharmacy that is owned by or contracts with the county may distribute surplus unused medications, as defined, to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Existing law requires a county that has established a program to establish procedures to, among other things, ensure proper safety and management of any medications collected and maintained by a participating pharmacy. Existing law authorizes a skilled nursing facility, specified drug manufacturer, or pharmacy wholesaler to donate medications to the program. Existing law requires medication under the program to be dispensed to an eligible patient, destroyed, or returned to a reverse distributor, as specified. Except in cases of noncompliance, bad faith, or gross negligence, existing law prohibits certain people and entities from being subject to criminal or civil liability for injury caused when donating, accepting, or dispensing prescription drugs in compliance with the program's provisions. This bill would authorize a county to establish the program by action of the county board of supervisors or by action of a public health officer of the county, as prescribed. This bill would also authorize specified primary care clinics and pharmacies to participate in the program. This bill would require a pharmacy or clinic seeking to participate in the program to inform the county health department in writing of its intent and prohibit the pharmacy or clinic from participating until the county health department has confirmed that it has received this notice. This bill would require participating pharmacies and clinics to disclose specified information to the county health department and require the county board of supervisors or public health officer to make this information available upon request to the California State Board of Pharmacy. This bill would authorize the county board of supervisors, public health officer, and California State Board of Pharmacy to prohibit a pharmacy or clinic from participating in the program, under certain circumstances, and require written notice to be provided to prohibited pharmacies or clinics. This bill would authorize certain licensed health and care facilities and certain pharmacies, as specified, to donate unused medications to the program, in accordance with prescribed conditions. This bill would also make other conforming changes to those provisions.
(1) Existing law authorizes the limit line, intersection, or other places where a driver is required to stop to be equipped with an automated enforcement system, as defined, if the system meets certain requirements. Existing law authorizes a governmental agency to contract out the operation of the system under certain circumstances, except for specified activities, that include, among other things, establishing guidelines for selection of location. A violation of the Vehicle Code is a crime. This bill would require that those requirements include identifying the system by signs posted within 200 feet of an intersection where a system is operating. The bill would require that automated traffic enforcement systems installed as of January 1, 2013, be identified no later than January 1, 2014. The bill would require the governmental agency that operates an automated traffic enforcement system to develop uniform guidelines for specified purposes and to establish procedures to ensure compliance with those guidelines. The bill would require, for systems installed as of January 1, 2013, that a governmental agency that operates an automated traffic enforcement system establish those guidelines by January 1, 2014. The bill would require the governmental agency to adopt a finding of fact establishing the need for the system at a specific location for reasons related to safety for those systems installed after January 1, 2013. The bill would prohibit a governmental agency that proposes to install or operate an automated traffic enforcement system from considering revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction. The bill would require the manufacturer or supplier that operates an automated traffic enforcement system, in cooperation with the governmental agency, to submit an annual report to the Judicial Council that includes specified information. The bill would prohibit a governmental agency that utilizes an automated traffic enforcement system and that had signs posted on or before January 1, 2013, that met the requirements in effect on January 1, 2012, from removing those signs until the governmental agency posts signs that meet the requirements imposed by the bill. (2) Existing law provides special written, mailed notice to appear procedures in connection with certain alleged violations recorded by an automated traffic enforcement system. Existing law provides whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged traffic violation recorded by an automated traffic enforcement system, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the Department of Motor Vehicles, with a certificate of mailing obtained as evidence of service, that an exact and legible duplicate copy of the notice when filed with the magistrate constitutes a complaint to which the defendant may enter a plea. This bill would expand the information that must be included on a notice to appear. The bill would authorize the mailing of a notice of nonliability by the issuing agency, manufacturer, or supplier of the automated traffic enforcement system to the registered owner or the alleged violator prior to issuing a notice to appear. The bill would require that this notice be substantively identical to the form set forth in the bill. The bill would prohibit a manufacturer or supplier of an automated traffic enforcement system or the governmental agency operating the system from altering the notice to appear or notice of nonliability. If a form is found to have been materially altered, the bill would authorize that the citation, based on the altered form, be dismissed. The bill would also require that the citation be dismissed if a magistrate or judge makes a finding that there are grounds for dismissal, in certain circumstances. (3) Existing law, known as the hearsay rule, provides that, at a hearing, evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated is inadmissible, subject to specified exceptions. Existing law provides that a printed representation of computer information, a computer program, or images stored on a video or digital medium is presumed to be an accurate representation of the computer information, computer program, or images that it purports to represent. This bill would provide that this presumption applies to the printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system. The bill would expressly state that the printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant. (4) Because it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of the Vehicle Code, this bill would impose a state-mandated local program by creating a new crime. (5) 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.
(1) Existing law requires the Department of Motor Vehicles to examine applicants for specific driver's licenses and requires that the examination include, among other things, a test of the applicant's knowledge and understanding of the provisions of the Vehicle Code governing the operation of vehicles upon the highways. This bill would require the department to include a test of the applicant's understanding of the distractions and dangers of handheld cellular phone use and text messaging while operating a motor vehicle. (2) Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver's record for purposes of the suspension or revocation of the privilege to drive. Under existing law, it is an infraction for any person to drive a motor vehicle while using a wireless telephone, unless that telephone is designed and configured to allow hands-free listening and talking operation, and is used in that manner while driving, except as otherwise provided. A person under 18 years of age is prohibited from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. A point is not given for a violation of these provisions. This bill would assess a violation point on a 2nd or subsequent violation of these provisions. (3) Under existing law, a person is prohibited from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, except as specified. This bill would increase the base fines for a violation of any of the above-described prohibitions involving driving a motor vehicle while using a wireless telephone or electronic wireless communications device from $20 to $30 and the fine for a 2nd or subsequent offense from $50 to $60. (4) This bill would incorporate additional changes to Section 12804.9 of the Vehicle Code proposed by AB 2188, to become operative only if AB 2188 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (5) This bill would incorporate additional changes to Section 23123.5 of the Vehicle Code proposed by AB 1536, to become operative only if AB 1536 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Existing law requires the Instructional Quality Commission to recommend curriculum frameworks for adoption by the State Board of Education in accordance with regulations. Existing law defines "curriculum framework" as an outline of the components of a given course of study designed to provide state direction to school districts in the provision of instructional programs. This bill would require the commission and the state board to ensure that the health and science curriculum frameworks adopted in the course of the next submission cycle, as specified, include the subject of organ procurement and tissue donation, as appropriate.
Existing law establishes a system of public education in this state. This system includes public elementary and secondary schools, which provide instruction to pupils from preschool through grade 12, as well as the institutions that comprise the 3 segments of higher education, which are the California Community Colleges, the California State University, and the University of California. Existing law expresses the intent of the Legislature that the design and implementation of a high-quality, comprehensive, and longitudinal education data system for California should meet specified goals. Existing law authorizes the State Department of Education, the University of California, the California State University, the Chancellor of the California Community Colleges, the Commission on Teacher Credentialing, the Employment Development Department, and the California School Information Services to enter into interagency agreements to facilitate the implementation of a comprehensive longitudinal education data system for California, the transfer of data from one educational segment to another, and the transfer of workforce data to the educational segments. This bill would amend the expression of intent of the Legislature referenced above to state that the design and implementation of a high-quality, comprehensive, and longitudinal preschool through higher education (P-20) statewide data system should meet specified goals. The bill would also authorize the State Board of Education, in addition to the entities referenced above, to enter into a joint powers agreement, rather than interagency agreements, to facilitate the implementation of the comprehensive longitudinal preschool through higher education (P-20) statewide data system referenced by the bill.
(1) Existing law establishes, in the Department of Parks and Recreation, the State Park and Recreation Commission consisting of 9 members appointed by the Governor, subject to confirmation by the Senate. Existing law requires the commission, among other things, to establish general policies for the guidance of the Director of Parks and Recreation in the administration, protection, and development of the state park system. This bill would establish qualification criteria for the members of the commission, including requiring one member to have demonstrated expertise in cultural or historical resources management. The bill would require the Speaker of the Assembly and the Senate Committee on Rules to each appoint one ex officio legislative member. The bill would require the commission to evaluate and assess the department's deferred obligations. The bill would also authorize the commission to, among other things, conduct an annual workshop to review the department's annual operating budget and proposed capital improvement projects. The bill would appropriate $120,000 annually in the 2012–13 and 2013–14 fiscal years from the State Parks and Recreation Fund to the commission to perform these activities. The bill would appropriate $20,500,000 from the State Parks and Recreation Fund to the department for expenditure as specified. The bill would prohibit the department from closing or proposing the closure of a state park in the 2012–13 and 2013–14 fiscal years. The bill would also appropriate $10,000,000 from the Safe Drinking Water, Water Quality and Water Supply, Flood Control, River and Coastal Protection Bond Act of 2006, to be expended as specified, including for purposes of capital outlay and support for capital outlay projects of a state park. (2) Existing law requires the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law requires all revenues generated by the program to be deposited into the California State Park Enterprise Fund, as provided, and spent in a specified way, including allocating 40% of the total amount of revenues generated by a park district to that district, as specified. Existing law requires the department to provide an annual accounting to the Department of Finance and relevant legislative committees of the use of funds from a revolving loan program established by the department. Existing law requires the department to rank proposals and awards for loans based on specified criteria. This bill would require the program revenue to be available for encumbrance and expenditure until June 30, 2014, and for liquidation until June 30, 2016. The bill would require the incremental revenue generated by the program to be deposited into the State Parks and Recreation Fund, and revenue identified as being in excess of revenue targets established by the department shall be transferred to the California State Park Enterprise Fund, as provided. Among other things, this bill would require that 50% of the total amount of revenues deposited into the California State Park Enterprise Fund generated by a park district be allocated to that district, as specified. This bill would require the department to provide the annual accounting to the Department of Finance and the relevant legislative committees of the use of the revolving loan funds in accordance with the purpose outlined in specified voter-approved bond acts. This bill would include capacity of a project to improve services, park experiences, or both, for park visitors as one of the criteria for ranking a proposal or award of a loan. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law generally regulates the hiring of real property, including, among other things, specifying certain obligations imposed on landlords and obligations imposed on tenants. Existing law, until January 1, 2013, requires a tenant of property upon which a notice of sale has been posted to be provided a specified notice advising the tenant that, among other things, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 60-day eviction notice, and that other laws may prohibit the eviction or provide the tenant with a longer notice before eviction. This bill would, until January 1, 2018, require every landlord who offers for rent a single-family dwelling, or a multifamily dwelling not exceeding 4 units, and who has received a notice of default that has not been rescinded with respect to a mortgage or deed of trust secured by that property to disclose the notice of default in writing to any prospective tenant prior to executing a lease agreement for the property. The bill would provide that a violation of those provisions would allow the tenant to void the lease and entitle the tenant to recovery of one month's rent or twice the amount of actual damages from the landlord, and all prepaid rent, if the tenant voids the lease and vacates the property in addition to any other remedies that are available. The bill would also provide that if the tenant elects not to void the lease and the foreclosure sale has not yet occurred, the tenant may deduct a total amount equal to one month's rent from future rent obligations owed the landlord who received the notice of default. The bill would specify the content of the written disclosure notice, and would require the notice to be provided in English and other languages, as specified. The bill would exempt a property manager from liability for failing to provide the written disclosure notice unless the landlord notified the property manager of the notice of default and directed him or her in writing to deliver the written disclosure.