Sen. Andy Vidak

This measure would recognize "Women Warriors" by proclaiming the week of March 14, 2016, to March 20, 2016, inclusive, as Women's Military History Week in California and would encourage Californians to recognize, among other things, the contributions of women to our military and our freedom and the historic lifting of the ban on women in combat on January 24, 2013.

Existing law prescribes limits on the hours of employment of minors but authorizes the Labor Commissioner to issue an exemption to employers operating agricultural packing plants for the employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. Under existing law, the Labor Commissioner may, under the above-described exemption, authorize the employment of minors 16 or 17 years of age who reside in the County of Lake, and only on days when school is not in session, for up to 10 hours a day, as well as for more than 48 hours but not more than 60 hours in a week, upon prior written approval of the Lake County Office of Education. Existing law also requires the Labor Commissioner, before issuing or renewing a Lake County exemption, to inspect an affected agricultural packing plant and requires the Labor Commissioner to file a written report with the Legislature on or before November 1, 2016, pertaining to the working conditions of minors employed in the agricultural packing industry, as specified. Existing law also requires an affected employer, as a condition of receiving that exemption or renewal of that exemption, to file a written report to the Labor Commissioner, as provided. Under existing law, the provisions pertaining to Lake County expire on January 1, 2017. This bill would apply statewide provisions like those relating to Lake County and would require the Labor Commissioner to report to the Legislature on or before November 1, 2025. These provisions would be repealed on January 1, 2027.

The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law establishes specified rates to be paid to certain service providers and the rates to be paid for certain developmental services. Existing law requires that rates to be paid to other developmental service providers either be set by the department or negotiated between the regional center and the service provider. Existing law prohibits certain provider rate increases, but authorizes increases to those rates as necessary to adjust employee wages to meet the state minimum wage law and to provide paid sick leave. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced, as specified. This bill would, to the extent that General Fund revenues for the 2014–15 fiscal year exceed the revenues estimated for that fiscal year in the Budget Act of 2015 and that General Fund revenues for the 2015–16 fiscal year are expected to exceed the revenues estimated for that fiscal year in the Budget Act of 2015, appropriate certain sums to the State Department of Developmental Services to increase rates for certain developmental service providers and to increase regional center operating budgets, and appropriate certain sums to the State Department of Health Care Services for the purpose of increasing Medi-Cal provider rates for providers whose rates were reduced. The bill would require the Director of Finance to determine the percentage increases to be provided to developmental service providers, regional center operating budgets, and Medi-Cal providers based on the amount by which General Fund revenues exceed, or are expected to exceed, the revenues budgeted for the 2014–15 and 2015–16 fiscal years. The bill would make the rate increases, if any, retroactive to July 1, 2015.

This measure would proclaim January 13, 2016, as Korean American Day.

The California Constitution prohibits a committee or either house of the Legislature from hearing or acting upon a bill until 31 days after it has been introduced, unless the house dispenses with this requirement by a rollcall vote with ¾ of the membership concurring. The California Constitution also prohibits either house from passing a bill until the bill with amendments has been printed and distributed to the Members of the Legislature. This measure would authorize a committee to hear or act upon a bill before 31 days have passed following the bill's introduction if the bill, in the form to be considered by the committee, has been in print and published on the Internet for at least 15 days. This measure would also prohibit either house of the Legislature from passing a bill until it has been made available to the public, in print and on the Internet, for at least 72 hours before a vote on the measure, except for certain bills that address a state of emergency declared by the Governor. The California Constitution provides that the Budget Bill and other bills providing for appropriations related to the Budget Bill may be passed by a majority vote in each house of the Legislature and shall take immediate effect upon being signed by the Governor. The California Constitution defines "other bills providing for appropriations related to the budget bill" to mean bills identified as related to the budget in the Budget Bill passed by the Legislature. The California Constitution requires that the Legislature pass the Budget Bill by midnight on June 15 of each year. If the Budget Bill is not passed by the deadline, the California Constitution prohibits an appropriation from the current budget or future budget to pay any salary or reimbursement for travel or living expenses for Members of the Legislature during any regular or special session for the period from midnight on June 15 until the day that the Budget Bill is presented to the Governor. This measure would require that the Budget Bill be enacted by midnight on June 15. The measure would require that other bills that provide for appropriations relating to the Budget Bill be necessary to implement the budget. The measure would provide that a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is passed in each house by a majority vote shall not take effect if it is not enacted by midnight on June 15, thereby requiring a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is enacted after midnight on June 15 to be passed by a 23 vote. The measure would prohibit an appropriation to pay any salary or reimbursement for travel or living expenses for Members of the Legislature and the Governor from midnight on June 15 until the Budget Bill and all other bills providing for appropriations related to the Budget Bill are enacted.

Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to individuals with developmental disabilities. Existing law requires the department to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Under existing law, the department allocates funds to private nonprofit entities known as regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. This bill would require the Department of Finance, upon the closure of the Sonoma Developmental Center, Fairview Developmental Center, or the nonsecured portion of the Porterville Developmental Center, to deposit the net savings from the closure of each center, as defined, into the Lanterman Act Community-Based Services Fund, s newly created fund. The bill would make the moneys in the fund available to the department, upon appropriation, to be used to supplement existing purchase-of-service funds used by regional centers to purchase services and supports for persons with developmental disabilities.

Existing law, the California Finance Lenders Law (CFLL) , provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. The CFLL defines charges for its purposes to include aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by a licensee or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, and enforcing of a loan or forbearance of money, credit, goods, or things in action, or any other service rendered. The CFLL also specifies that charges do not include, among other things, fees paid to a licensee for the privilege of participating in an open-end-credit program, as provided. This bill would make nonsubstantive changes to that provision specifying items that are not charges for purposes of the CFLL.

(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica's Law) , approved by the voters at the November 7, 2006, statewide general election, makes a defendant punisable by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law also makes a defendant punishable by imprisonment in the state prison for 15 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house of the Legislature. This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. (2) Existing law makes a defendant punishable by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, spousal rape or sexual penetration in concert, sexual penetration, sodomy, or oral copulation if certain circumstances were present, including, among other things, in the commission of that offense any person kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances, and the crime was committed against a minor 14 years of age or older. This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. (3) Existing law requires that a person who commits certain enumerated crimes, including rape, sodomy, oral copulation, and sexual penetration, against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, receive a one-year sentence enhancement and requires that any person having a prior conviction for any of the enumerated offenses receive a 2-year sentence enhancement. This bill would add to the enumerated list of crimes rape, sodomy, oral copulation, and sexual penetration, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. (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, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica's Law) , approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, if the defendant has been previously convicted of a specified offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house. This bill would specify that the prison term of 25 years to life applies if the defendant has been convicted of more than one specified offense on charges brought and tried separately, irrespective of the order in which the offenses were committed or the convictions obtained.