Existing law establishes the "Sexual Assault Victims' DNA Bill of Rights," which, among other things, encourages a law enforcement agency assigned to investigate specified sexual assault offenses to perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner to assure the longest possible statute of limitations. Existing law also requires a law enforcement agency to inform victims of certain sexual assault offenses, if the identity of the perpetrator is in issue, if the law enforcement agency elects not to analyze DNA evidence within certain time limits. This bill instead would, with respect to specific sex offenses, encourage a law enforcement agency in whose jurisdiction the sexual assault offense occurred to submit sexual assault forensic evidence received by the agency on or after January 1, 2016, to the crime lab within 20 days after it is booked into evidence, and ensure that a rapid turnaround DNA program, as defined, is in place to submit forensic evidence collected from the victim of a sexual assault to the crime lab within 5 days after the evidence is obtained from the victim. The bill would also encourage the crime lab, with respect to sexual assault forensic evidence received by the lab on or after January 1, 2016, to process that evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System as soon as practically possible, but no later than 120 days after initially receiving the evidence, or to transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after initially receiving the evidence, as specified. The bill would also revise the provisions requiring a law enforcement agency to inform victims of certain sexual assault offenses, to make the requirement applicable without regard to whether the identity of the perpetrator is in issue, if the law enforcement agency does not analyze DNA evidence, and to require those entities to notify the victims within 6 months of the time limits established under existing law. By imposing a higher level of service on local law enforcement agencies, 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.
Sponsored bills
(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. Existing law authorizes the commission to acquire a right-of-way or easement across private land in certain circumstances by purchase, lease, gift, exchange, or condemnation. This bill would require the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the Martins Beach property, as described, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement for the creation of a specified public access route to and along the shoreline, including the sandy beach. If the commission is unable to reach an agreement to acquire that right-of-way or easement or the owners do not voluntarily provide public access by January 1, 2016, the bill would authorize the commission to acquire a right-of-way or easement for the creation of that public access route to and along the shoreline, including the sandy beach, at Martins Beach, as prescribed. The bill would require the commission to consult and enter into negotiations with local stakeholders, as described, to address the ongoing management and operation of any property acquired pursuant to these provisions. (2) The bill would declare that due to the unique circumstances and features of the Martins Beach property, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. "Contribution" is defined for purposes of the act as a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. The definition does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are $500 or less. The act prohibits a lobbyist from making, and an elected state officer or candidate for elective state office from accepting, a contribution if the lobbyist is registered to lobby the governmental agency for which the candidate is seeking election or the governmental agency of the elected state officer. This bill would revise the definition of "contribution" to include a payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, as specified. The bill would make these payments attributable to the lobbyist for purposes of the prohibition against a lobbyist making a contribution to specified candidates and elected officers. The bill would also revise the definition of "contribution" to include a payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm. A violation of the act's provisions is punishable as a misdemeanor. By expanding the scope of an existing 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 Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
(1) The Passenger Charter-party Carriers' Act places charter-party carriers of passengers, as defined, under the jurisdiction and control of the Public Utilities Commission. The act defines a charter-party carrier of passengers to mean every person that is engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway, subject to certain exceptions, including common carrier passenger stage corporations. Existing law requires the Department of the California Highway Patrol to regulate the safe operation of motor vehicles engaged in transportation for hire or compensation and to inspect those vehicles to ensure that they have the required safety equipment. A violation of these provisions is a crime. This bill would require a modified limousine, as defined, to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would require one fire extinguisher to be securely mounted in the driver's compartment and at least one to be accessible to the passengers. The bill would require the driver or operator of the modified limousine to notify the passengers of the location of each fire extinguisher prior to the commencement of any trip. The bill would require the department, not later than July 1, 2016, to implement a safety inspection program, as specified, of the terminals of charter-party carriers of passengers and passenger stage corporations that operate modified limousines. The bill would require the department to adopt emergency regulations for this purpose. The bill would require the department to transmit to the Public Utilities Commission inspection data of modified limousines inspected pursuant to this program. The bill would also require the department to adopt regulations to establish an inspection fee to be paid by a charter-party carrier or passenger stage corporation, as specified. The bill would require the inspection fee to be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department. (2) Existing law requires that the Department of the California Highway Patrol, upon determining that a tour bus operator has failed, as provided, to comply with certain Vehicle Code provisions or related regulations, recommend to the Public Utilities Commission and other authorities that certain actions be taken against the carrier. This bill would also apply these requirements to modified limousine carriers and correct obsolete references. (3) Existing law requires every passenger stage corporation to furnish the Public Utilities Commission annually a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year and requires the commission to furnish a copy of this list to the Department of the California Highway Patrol. This bill would apply these requirements to charter-party carriers of passengers and would require that the list identify each modified limousine and its terminal location. The bill would prohibit the commission from issuing or continuing in effect, any permit, certificate, or authority of a passenger stage corporation or charter-party carrier of passengers that has not submitted the required fee for inspection pursuant to the inspection program. The bill would require the commission, not later than January 1, 2015, to provide the Department of the California Highway Patrol a list of each modified limousine and its terminal location in order for the department to promulgate regulations pursuant to these provisions. (4) Existing law requires a limousine operated by a charter-party carrier to display a special identification license plate, containing the word "livery." The special license plate is issued by the Department of Motor Vehicles, and the cost of the special license plate program is funded by the Public Utilities Commission from the Transportation Reimbursement Account. This bill would repeal these and various other related provisions. (5) The bill would make other conforming and technical changes. (6) Because a violation of the bill's requirements would be a crime, this bill would impose a state-mandated local program. (7) This bill would incorporate additional changes to Section 34500 of the Vehicle Code made by this bill and AB 2752, to take effect if both bills are chaptered and this bill is chaptered last. (8) 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. (9) This bill would declare that it is to take effect immediately as an urgency statute.
The Local Agency Public Construction Act until January 1, 2015, authorizes a transit operator, as defined, to enter into a design-build contract, as specified. Existing law requires certain information submitted in this regard to be provided under penalty of perjury. This bill would extend the authorization for a transit operator to enter into a design-build contract until January 1, 2017. Because the bill would expand the crime of perjury, it 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, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law requires that, after January 1, 2008, any general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life be used only for nonacute care hospital purposes, except that the office may grant a 5-year extension under prescribed circumstances. Existing law also allows the office to grant an additional 2-year extension in specified circumstances. This bill would clarify that a general acute care hospital building described above may be used for purposes other than nonacute care hospital purposes if an extension of the January 1, 2008, deadline has been granted and, before the end of the extension, a replacement building has been constructed or a retrofit has been performed, as specified. The bill would authorize a hospital located in the County of Sacramento, San Mateo, or Santa Barbara or the City of San Jose that has received the additional 2-year extension to the January 2008 deadline pursuant to specified provisions to request an additional extension until September 1, 2015, to obtain either a certificate of occupancy for a replacement building or a construction final for a building on which a retrofit has been performed. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento, San Mateo, and Santa Barbara and the City of San Jose. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the Department of General Services to carry out various powers and duties relating to assisting a state agency in the management and development of intellectual property developed by state employees or with state funding, including, among other duties, developing a database of state-owned intellectual property using specified data. Existing law authorizes state agencies and departments to, upon request, share records and information related to intellectual property generated by state employees or with state funding with the department. Existing law also imposes certain restrictions on employees and former employees of the department with respect to divulging certain information provided by state agencies and departments regarding intellectual property. Existing law requires the State Department of Public Health to issue research grants for various purposes, including cancer research, vaccines, and spinal cord injuries. This bill would enact, until January 1, 2020, the California Taxpayer Access to Publicly Funded Research Act. The bill would establish publication requirements for a grantee receiving funding, in whole or in part, in the form of a research grant from the State Department of Public Health. The bill would require the department to include specified terms and conditions in a research grant that are required to be adhered to as a condition of the grantee receiving the research grant. The bill would require the grantee to provide for public access to any publication of a department-funded invention or department-funded technology, as specified, including ensuring that electronic version of the peer-reviewed manuscript is available to the department on an appropriate publicly accessible database approved by the department, to be made publicly available not later than 12 months after the official date of publication. The bill would provide that this act does not apply to a grantee that receives funding from the department if there is an existing publication requirement that meets or exceeds the requirements of this bill and that the provisions do not apply to research grants issued prior to January 1, 2015.
Existing law provides for the licensure and inspection of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law requires a general acute care hospital to develop a process for evaluating the judicious use of antibiotics, the result of which is required to be monitored by appropriate representatives and committees involved in quality improvement activities. Under existing law, a violation of the provisions governing health facilities constitutes a misdemeanor punishable by a fine not to exceed $1,000, by imprisonment in a county jail, or by both that fine and imprisonment. This bill would require all general acute care hospitals, as defined, to adopt and implement, by July 1, 2015, an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations and that includes a process to evaluate the judicious use of antibiotics, as specified. The bill would require a general acute care hospital to develop a physician supervised multidisciplinary antimicrobial stewardship committee, subcommittee, or workgroup, and to appoint at least one physician or pharmacist to that committee, subcommittee, or workgroup who is knowledgeable about antimicrobial stewardship through prior training or attendance at continuing education programs. The bill would also require a general acute care hospital to report antimicrobial stewardship program activities to each appropriate hospital committee undertaking clinical quality improvement activities. By expanding the scope of an existing 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.
(1) The California Integrated Waste Management Act of 1989 requires materials that require special handling, as defined, to be removed from major appliances and vehicles in which they are contained before crushing for transport or transferring to a baler or shredder for recycling. The hazardous waste control laws prohibit a person who is not a certified appliance recycler from removing materials that require special handling from major appliances and imposes specified requirements regarding transporting, delivering, or selling discarded major appliances to a scrap recycling facility. The Department of Toxic Substances Control is authorized to grant a variance from the requirements of the hazardous waste control laws, under specified conditions and if the department makes one of specified findings. A violation of the hazardous waste control laws is a crime. This bill would authorize, until January 1, 2018, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations establishing alternative management standards for metal shredding facilities for hazardous waste management activities within the jurisdiction of the Department of Toxic Substances Control, that would apply in lieu of the hazardous waste management standards if the department performs specified actions. The bill would include among those department actions preparing a preliminary analysis and a final analysis evaluating the hazardous waste management activities to which the alternative management standards would apply. The bill would require the department to provide notice that it proposes to adopt alternative management standards. The bill would prohibit the department from adopting alternative management standards that are less stringent than applicable standards under federal law. The bill would require the disposal of treated metal shredder waste to be regulated pursuant to the hazardous waste control laws, unless the department adopts those alternative management standards, and would authorize treated metal shredder waste to be used at a specified type of disposal unit as alternative daily cover or for beneficial reuse or placed in that specified type of disposal unit, if the alternative management standards result in the treated metal shredder waste being classified as nonhazardous waste. The bill would require the department to complete the analysis of the hazardous waste management activities and the subsequent regulatory action before January 1, 2018, and would make all hazardous waste classifications and policies, procedures, or guidance issued by the department before January 1, 2014, relating to metal shredder waste or treated metal shredder waste inoperative on January 1, 2018, if the department has completed that analysis and either rescinds the conditional nonhazardous waste classification of that waste or adopts alternative management standards pursuant to this bill. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program. The bill would authorize the department to collect an annual fee from metal shredding facilities and would require the department to establish and adopt regulations necessary to administer the fee and to establish a fee schedule at a rate sufficient to cover the costs of the department to implement these provisions. The bill would establish a separate subaccount in the Hazardous Waste Control Account, and would require that the fees be deposited into the subaccount, to be available upon appropriation by the Legislature. The bill would exempt a metal shredder facility which pays this annual fee from certain hazardous waste control law fees as those fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste. (2) Existing law provides that, in general, regulations shall be adopted pursuant to the Administrative Procedure Act. Existing law requires emergency regulations be approved by the Office of Administrative Law and prohibits an emergency regulation from being in effect more than 180 days unless certain procedures are followed. The bill would authorize a regulation adopted pursuant to the above-described fee provisions to be adopted as an emergency regulation, as specified. The bill would require that such an emergency regulation be filed with, but not be repealed by, the Office of Administrative Law, and would require that the regulation remain in effect for 2 years or until revised by the department, whichever occurs sooner. (3) Existing law, on or before February 15, 1988, required specified regional water quality control boards to prepare a list of specified types of landfills that are authorized to accept and dispose of shredder waste. This bill would repeal this provision. (4) 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 establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law requires community colleges to offer instruction through, but not beyond, the 2nd year of college and authorizes community colleges to grant associate degrees in arts and science. This bill would, commencing January 1, 2015, authorize the board of governors, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree pilot program at not more than 15 community college districts, with one baccalaureate degree program each, to be determined by the chancellor and approved by the board of governors. The bill would prohibit each participating district from offering more than one baccalaureate degree program within the district, as specified. The bill would require a district baccalaureate degree pilot program to commence by the beginning of the 2017–18 academic year, and would require a student participating in a baccalaureate degree pilot program to complete his or her degree by the end of the 2022–23 academic year. The bill would require participating community college districts to meet specified requirements, including, but not limited to, offering baccalaureate degree programs and program curricula not offered by the California State University or the University of California, and in subject areas with unmet workforce needs, as specified. This bill would also require the governing board of a participating community college district to submit certain items for review by the chancellor and approval by the board of governors, including, among other things, the administrative plan for the baccalaureate degree pilot program and documentation of consultation with the California State University and the University of California. The bill would provide that the Legislative Analyst's Office shall conduct both a statewide interim evaluation and a statewide final evaluation of the statewide baccalaureate degree pilot program implemented under this article, as specified, and report to the Legislature and Governor, in writing, the results of the interim evaluation on or before July 1, 2018, and the results of the final evaluation on or before July 1, 2022. The bill would provide that on or before March 31, 2015, the board of governors shall develop, and adopt by regulation, a funding model for the support of the statewide baccalaureate degree pilot program, as specified. This bill would make these provisions inoperative on July 1, 2023, and would repeal the provisions on January 1, 2024.