Existing law establishes various offenses relating to the unauthorized provision of specified items to persons confined in local and state correctional facilities. This bill would provide, subject to exceptions, that any inmate or ward who possesses any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module (SIM card) or memory storage device, or any person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the Department of Corrections and Rehabilitation any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module (SIM card) or memory storage device, is guilty of a misdemeanor, punishable by a fine not exceeding $5,000. The bill would also provide that if a person visiting an inmate or ward is found to be in possession of a cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module (SIM card) or memory storage device, when searched or subjected to a metal detector, as specified, that cellular telephone or wireless communication device or component shall be subject to confiscation. The bill would require posted notices regarding those search and confiscation provisions, as specified. 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.
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(1) Existing law requires persons convicted of arson and sex crimes to register with local law enforcement, as provided. The Department of Justice is required to make specified information about certain sex offenders available to the public via an Internet Web site and to update that information on an ongoing basis. This bill would require any person over 18 years of age who is convicted of felony animal abuse, as defined, to register with the appropriate law enforcement agency, as provided, for a period of 10 years from the date of conviction. The bill would require that the registration consist of a signed written statement of specified information, including, but not limited to, legal name and aliases, date of birth, address or current location, name and address of employer, and the specific felony animal abuse conviction for which the person is required to register. The registration would also consist of a photograph of the person, a complete set of fingerprints, and a description of any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. The bill would require that, within 3 days after the registration, the registering law enforcement agency electronically forward the statement, fingerprints, and photograph of the registrant to the Department of Justice. Because the bill would require local law enforcement agencies to provide this new service, it would impose a state-mandated local program. The bill would specify that any person required to register who violates any of those provisions would be guilty of a misdemeanor, and if the person willfully fails to register, he or she would be guilty of a misdemeanor punishable by not less than 90 days and not more than one year in a county jail. A person could be relieved of the duty to register only as specified. The bill, on or before January 1, 2012, would require the department to make available information concerning persons who are required to register as a result of felony animal abuse convictions to the public via an Internet Web site, as specified. The department would be required to update the Internet Web site on an ongoing basis. The name or address of the person's employer and the listed person's criminal history other than the specific crimes for which the person is required to register would be prohibited from being included on the Internet Web site. The registration information that would be required to be published on the Internet Web site would include, but not be limited to, his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the address at which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant. The bill would require that the department make a reasonable effort to provide notice to affected offenders that the department is required to make information about those people available to the public. A person would be removed from the Internet Web site if he or she were relieved of the duty to register, as specified. The bill would also (1) provide that any person who uses information disclosed pursuant to the Internet Web site to commit a crime is punishable by a fine of not less than $10,000, nor more than $50,000; (2) make it a misdemeanor for an offender who is required to register to enter the Internet Web site; and (3) provide for civil liability for the misuse of the information from the Internet Web site. Because this bill would create these and other new crimes as specified above, it would impose a state-mandated local program. This bill would require a person who has been convicted of a specified offense against an animal to, in addition to any other fine imposed, pay a penalty of $200 for a misdemeanor conviction and $500 for a felony conviction. This bill would establish the Animal Protection Fund in the State Treasury and would require the moneys from the above fines be deposited into the fund, to be available, upon appropriation by the Legislature, for creating, administering, and updating the Internet Web site as required by the act, and to local governments for spay and neuter programs. (2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision. (2) The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. In any action in which a state court finds that a specified law, or any similar provision adopted by the regents, is unlawful, existing law authorizes the court to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action, as equitable relief, prohibits the award of money damages, tuition refund or waiver, or other retroactive relief, and provides that the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit. This bill would amend the Donahoe Higher Education Act, as of July 1, 2011, to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the regents, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described in (1) above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. If a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, this bill would provide that the same limitations described above would apply. This bill would further provide that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. Existing federal law requires that a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility. This bill would find and declare that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision. (3) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction, for prescribed fees, at community college campuses throughout the state. Existing law authorizes the waiver of these fees for, among others, students who are eligible under income standards established by the board of governors. This bill, as of July 1, 2011, would require community college districts to waive the fees of persons who are exempt from nonresident tuition under the provision described in (1) above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill would impose new duties on community college districts with respect to determining eligibility for fee waivers, the bill would constitute 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, 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.
This measure would recognize the importance of celebrating the birth and independence of Mexico and honoring and invigorating the spirit of friendship, understanding, and cooperation that characterizes the California-Mexico relationship.
Existing law authorizes the Franchise Tax Board, as part of its administrative duties with respect to the collection of taxes, to furnish specified taxpayer information. Existing law generally provides that all taxpayer information obtained by the board is to remain confidential. Existing law provides exceptions to this general requirement. This bill would, notwithstanding existing law, require the Franchise Tax Board to annually compile specified information relating to a business entity, as defined, receiving credits of $1,000 or more allowed from corporate tax expenditures, as provided. The bill would require the board to include the information on the state transparency Internet Web site.
The California Constitution provides that the electors may propose statutes or amendments to the state constitution through the initiative process by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by a certain number of electors. This measure would prohibit an initiative measure that would result in a net increase in state or local government costs other than costs attributable to the issuance, sale, or repayment of bonds, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs.
Existing law does not provide a system of universal health care coverage for California residents. Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi‑Cal program administered by the State Department of Health Care Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would provide that a resident of the state with a household income, as specified, at or below 200% of the federal poverty level would be eligible for the type of benefits provided under the Medi-Cal program. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. The bill would create the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. The bill would create the Office of Patient Advocacy within the agency to represent the interests of health care consumers relative to the system. The bill would create within the agency the Office of Health Planning to plan for the health care needs of the population, and the Office of Health Care Quality, headed by a chief medical officer, to support the delivery of high quality care and promote provider and patient satisfaction. The bill would create the Office of Inspector General for the California Healthcare System within the Attorney General's office, which would have various oversight powers. The bill would prohibit health care service plan contracts or health insurance policies from being issued for services covered by the California Healthcare System. The bill would create the Healthcare Fund and the Payments Board to administer the finances of the California Healthcare System. The bill would create the California Healthcare Premium Commission (Premium Commission) to determine the cost of the California Healthcare System and to develop a premium structure for the system that complies with specified standards. The bill would require the Premium Commission to recommend a premium structure to the Governor and the Legislature on or before January 1, 2013, and to make a draft recommendation to the Governor, the Legislature, and the public 90 days before submitting its final premium structure recommendation. The bill would specify that only its provisions relating to the Premium Commission would become operative on January 1, 2011, with its remaining provisions becoming operative on the date the Secretary of California Health and Human Services notifies the Legislature, as specified, that sufficient funding exists to implement the California Healthcare System. The bill would require that system to be operative within 2 years of that date and would provide for various transition processes for that period. The bill would extend the application of certain insurance fraud laws to providers of services and products under the system, thereby imposing a state-mandated local program by revising the definition of a crime. The bill would enact other related provisions relative to budgeting, regional entities, federal preemption, subrogation, collective bargaining agreements, compensation of health care providers, conflict of interest, patient grievances, independent medical review, and associated matters. 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 regulates oil and gas activities. This bill would, commencing January 1, 2012, require the operator of an oil and gas well to provide to the surface owner a 10-day written notice of the intent to enter the surface owner's property for the purpose of the extraction of underlying oil, gas, or minerals. The operator would also be required to provide to the surface owner a copy of the applicable recorded short form or memorandum of oil, gas, or minerals lease within 10 days prior to entering the property.
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose a tax on every distributor, as defined, at the rate of $0.01 per teaspoon of added caloric sweetener in bottled sweetened beverages or concentrate sold or offered for sale to a retailer in this state, or on a retailer who sells bottled sweetened beverages or concentrate in this state to consumers on which the tax has not been paid by a distributor. This bill would exempt from the tax the sale, use, or consumption in this state of bottled sweetened beverages or concentrate that the state is prohibited from taxing, as provided. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all taxes, penalties, and interest collected, less refund and administrative costs, in the Children's Health Promotion Fund, which this bill would create. This bill would require all moneys in the fund, upon appropriation by the Legislature, to be allocated to the State Department of Public Health for distribution of grants to eligible school districts for the purposes of statewide childhood obesity prevention activities and programs. Because this bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, childhood obesity, and dental disease. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
(1) The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law provides for the enforcement of those activities by the Department of Justice. Existing law permits the commission to adopt regulations related to the operation of a gambling establishment, as provided. This bill would provide that jackpot funds, to which players have made contributions, are held for the benefit of the players and are not the property of the gambling establishment. (2) Existing law requires the department to approve the play of any controlled game, including, but not limited to, placing restrictions and limitations on how a controlled game is played. This bill would provide that a gambling establishment that conducts play of a controlled game that has been approved by the department, but is later found to be unlawful, has an absolute defense to any criminal, administrative, or civil action, so long as the game was being played in the manner approved and during the time for which it was approved.