The Budget Act of 2008 appropriates $136,000,000 for construction of the Condemned Inmate Complex at San Quentin State Prison. A prior appropriation in the Budget Act of 2003 appropriated $220,000,000 for this construction and was reappropriated in the Budget Act of 2008. This bill would eliminate both appropriations and the reappropriation, to the extent the appropriated funds have not been expended. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
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Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Committee of the Medical Board of California. Existing law prescribes the medical services that may be performed by a physician assistant under the supervision of a licensed physician and surgeon. Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of respiratory professionals by the Respiratory Care Board of California. Existing law defines the practice of respiratory therapy and prohibits its practice without a license issued by the board, subject to certain exceptions. This bill would require the Medical Board of California to adopt regulations within one year after the effective date of this act relative to the qualifications for certified polysomnographic technologists, including requiring those technologists to be credentialed by a board-approved national accrediting agency, to have graduated from a board-approved educational program, and to have passed a board-approved national certifying examination, with a specified exception for that examination requirement for a 3-year period. The bill would prohibit a person from using the title "certified polysomnographic technologist" or engaging in the practice of polysomnography unless he or she undergoes a Department of Justice background check, as specified, is registered as a certified polysomnographic technologist, is supervised and directed by a licensed physician and surgeon, and meets certain other requirements. The bill would define polysomnography to mean the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders, as specified. The bill would further require the board, within one year after the effective date of this act, to adopt regulations related to the employment of polysomnographic technicians and trainees. This bill would require polysomnographic technologists to apply to and register with the Medical Board of California for fees to be fixed by the board at no more than $100 each, and to renew their registration biennially for a fee of no more than $150. The bill would require the deposit of those fees in the Contingent Fund of the Medical Board of California, a continuously appropriated fund, thereby making an appropriation. The bill would further set forth specified disciplinary standards and procedures. The bill would specify that these provisions do not apply to diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the State Board of Education for the purpose of, among other things, studying the educational conditions and needs of the state and making plans for the improvement of the administration and efficiency of the public schools of the state. Existing law requires that the State Board of Education adhere to specified requirements relating to meetings and hearings. Existing law establishes the State Allocation Board, consisting of specified members and charged with specified duties, including, but not limited to, determining how bond funds are allocated for public school construction and modernization projects. Existing law requires the State Allocation Board to adhere to specified requirements relating to meetings and hearings. This bill would require the State Board of Education and the State Allocation Board to provide for live video and audio transmission of all meetings and hearings that are open to the public through a technology that is accessible to as large a segment of the public as possible. The technologies to be used would include, but not be limited to, cable, satellite, over-the-air, or any other type of transmission that can be accessed through a television, and Web cast. The State Board of Education and the State Allocation Board would be required to ensure that any Web cast transmission implemented pursuant to these provisions be transmitted over and accessed through the K-12 High-Speed Network. The State Board of Education and the State Allocation Board also would be required to consult with the State Chief Information Officer for the purposes of implementing the provisions of the bill.
Existing law authorizes the Director of General Services to acquire and dispose of state real property under specified conditions. This bill would authorize the department to dispose of 3 specified parcels of real property pursuant to certain provisions.
Existing civil service law requires that veterans be allowed preference points for civil service employment, as specified. Existing law provides that disabled veterans who become eligible for certification from eligible lists by attaining the passing mark established for an entrance examination held on an open, nonpromotional basis are allowed 10 additional points. Other veterans are allowed 5 additional points. This bill would instead provide that disabled veterans shall be allowed 15 additional points and other veterans shall be allowed 10 additional points.
(1) The Small Business Procurement and Contract Act permits a state agency to award a contract for goods, services, or information technology with a value of between $5,000 and $100,000 to a certified small business, including a microbusiness and a disabled veteran business enterprise, without complying with specified competitive bidding requirements. This bill would increase the maximum amount of the contract from $100,000 to $250,000. (2) Existing law encourages state agencies that enter into contracts to establish goals to facilitate the participation of small businesses and disabled veteran business enterprises. This bill also would require the contractor, upon completion of a public contract for which a commitment to achieve small business or disabled veteran business enterprise participation goals was made, to report the actual percentage of small business and disabled veteran business enterprise participation that was achieved. (3) The State Contract Act governs contracting between state agencies and private contractors, and sets forth requirements for the bidding, awarding, and overseeing of contracts for projects, which it defines to include the construction or other improvement to a state structure or building with a total cost threshold equal to $100,000 for calendar year 1993, as adjusted every 2 years. This bill would instead establish a 2010 cost threshold at $250,000, which would be adjusted every 2 years.
Existing law defines specified terms used in provisions of law related to instructional materials, including technology-based materials. Existing law defines technology-based materials as basic or supplemental instructional materials that are designed as learning resources and that require the availability of electronic equipment in order to be used. However, the technology-based materials do not include the electronic equipment required to make use of those materials. This bill would revise the definition of technology-based materials to specify that they may include the electronic equipment required in order to use them if that equipment is to be used by pupils and teachers as a learning resource. This bill would provide that its provisions not be construed to relieve a school district of the obligation to provide pupils with sufficient textbooks or instructional materials, as specified. The bill would prohibit a school district from procuring this electronic equipment pursuant to the bill if a county office of education determines that the district is out of compliance with this obligation.
Existing law requires the Governor to proclaim various days as holidays and days of remembrance. Existing law also designates certain days in each year as having special significance for purposes of encouraging schools to observe those days and conduct suitable commemorative exercises. This bill would require the Governor to annually proclaim March 30 of each year as "Welcome Home Vietnam Veterans Day." The bill would additionally encourage schools to conduct exercises on March 30 of each year to recognize the contributions of those involved in the Vietnam conflict.
Existing law, the Cemetery Act, provides for the licensing and regulation of certain private cemeteries by the Cemetery and Funeral Bureau. Existing law requires all cemeteries for which a certificate of authority is required to be supervised by a licensed cemetery manager, and prohibits a person from engaging in the business of, acting as, or advertising as, a cemetery manager without a license from the bureau and without being employed by, or a corporate officer of, a licensed cemetery. This bill would, notwithstanding any other provision of law, authorize a court of competent jurisdiction, based upon the court's finding that a cemetery manager of a private cemetery has ceased to perform his or her duties due to a lapse, suspension, surrender, abandonment, or revocation of his or her license, to appoint a temporary manager to manage the property of, and certain services provided by, the private cemetery, as provided, for a limited term of 6 months or until a new licensed cemetery manager is hired. The bill would permit the court to authorize the payment of reasonable compensation for the temporary manager's services, to be paid by the trustees from available income from the cemetery, as provided. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides that no disaster worker who is performing disaster services during a state of war emergency, a state of emergency, or a local emergency shall be liable for civil damages on account of personal injury to or death of any person or property, as provided. This bill would provide that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of the governmental emergency organization, as provided. This bill would provide that these provisions apply exclusively to any legal action filed on or after the effective date of this bill. This bill would declare that it is to take effect immediately as an urgency statute.