This measure would urge the President and Congress of the United States to take specified action and adopt specified policies designed to protect unaccompanied minors immigrating to the United States.
Existing law requires a local government agency to give a 10% preference to any bidder on a service contract to provide public transit services who agrees to retain employees of the prior contractor or subcontractor for a period of not less than 90 days, as specified. This bill would expand these provisions to require a state agency to also give a 10% preference to any bidder under these provisions.
(1) Existing federal law, the Federal Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the Federal Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, or a multipack of sugar-sweetened beverages, in this state unless the beverage container or multipack bears a specified safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container to place a specified safety warning in certain locations, including, on the exterior of any vending machine that includes a sugar-sweetened beverage for sale. (2) Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2015, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. By imposing additional enforcement duties on local agencies, this bill would impose a state-mandated local program. This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the local enforcement agencies for the purpose of enforcing those provisions. The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease. (3) 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.
(1) The Hazardous Waste Control Law, among other things, vests the Department of Toxic Substances Control with the authority to regulate the generation and disposal of hazardous waste. Existing law authorizes the Department of Toxic Substances Control to exempt, by regulations adopted until January 1, 2008, a hazardous waste management activity from certain statutory requirements related to hazardous waste management if specified conditions for exemption are met, including that the regulations identify the waste as a universal waste. A violation of the Hazardous Waste Control Law, including a regulation adopted pursuant to that law, is a crime. This bill would require a photovoltaic panel that is classified as hazardous waste solely because it exhibits the characteristic of toxicity to be considered a universal waste. The bill would require the department to adopt regulations by January 1, 2016, to allow photovoltaic panels to be managed as universal waste and would require the standards for the management of universal waste photovoltaic panels to be identical to the standards for the management of universal waste electronic devices, except as specified. Because a violation of these regulations would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires a retailer of various specified products, such as rechargeable batteries and cell phones, sold in the state to have in place a system for the acceptance and collection of those products for reuse, recycling, or proper disposal. This bill would establish the California Photovoltaic Panel Collection and Recycling Act of 2014, and would require a producer of photovoltaic panels, on or before July 1, 2016, to establish and operate a take-back program to provide for the collection, transportation, recovery, and recycling of end-of-life photovoltaic panels, or to participate as a member in a take-back program operated by, or on behalf of, 2 or more producers. The bill would allow a producer to enter an agreement with a business consumer to establish an alternative contractual arrangement with regard to the end-of-life photovoltaic panels that are sold by the producer to the business consumer. The bill would require the Department of Resources Recycling and Recovery to adopt regulations, by January 1, 2016, to set reasonably achievable collection targets for take-back programs and to establish a high-value recycling rate and a bulk recycling rate that take-back programs would be required to meet. The bill would also require the department to set the amount of the fee that a consumer submitting an end-of-life historic or orphan photovoltaic panel, as defined, to a take-back program would be required to pay to the program, based upon the reasonable costs of the program to handle, transport, and recycle the end-of-life photovoltaic panel. The bill would require the operator of a take-back program to submit to the department for approval a proposal to establish a take-back program containing specified elements no less than 60 days before beginning operation of the program. The operator would be required to submit an annual report to the department and pay an annual administrative fee to the department, which the department would be required to set at an amount to cover the department's reasonable costs of implementing and enforcing the act. The department would be required to deposit the fee revenues in the Photovoltaic Panel Collection Administration Fund, which the bill would establish in the State Treasury. The department would be authorized to expend the funds in the Photovoltaic Panel Collection Administration Fund, upon appropriation by the Legislature, to implement and enforce the act. The bill would require a person that removes an end-of-life photovoltaic panel from a building or structure, other than the take-back program operator or the operator's employee, contractor, or representative, to contact the take-back program operator and follow all instructions received from the operator for participation in the take-back program. The bill would require a person removing an end-of life historic or orphan photovoltaic panel to submit the photovoltaic panel to a take-back program and pay the fee established by the department. The bill would provide for the imposition of civil penalties and administrative penalties upon a person who intentionally violates the act or a regulation adopted pursuant to the act, or who knowingly makes a false statement or representation in an application, record, report, or other document filed, maintained, or used for purposes of compliance with the act. The department would be required to deposit the penalties in the Photovoltaic Panel Penalty Fund, which the bill would establish in the State Treasury. The bill would authorize the department to expend the funds in the Photovoltaic Panel Penalty Fund, upon appropriation by the Legislature, to implement and enforce the act. (3) 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 certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. This bill would, among other things, require a ski resort, as defined, to submit a monthly summary accident report, as defined, to the State Department of Public Health, as provided. The bill would require the department to post the reports and other information onto its publicly accessible Internet Web site.
(1) Existing law authorizes the establishment of county and local school attendance review boards, and provides that any minor pupil who is a habitual truant, is irregular in attendance at school, or is habitually insubordinate or disorderly during attendance at school may be referred to a school attendance review board. Existing law requires the governing board of a school district to adopt rules and regulations to require the appropriate officers and employees of the district to gather and transmit to the county superintendent of schools the number and types of referrals to school attendance review boards and of requests for petitions to the juvenile court. This bill would, subject to available funding, on or before September 30, 2015, and annually thereafter, require the Attorney General and the State Department of Education to jointly submit a report on elementary school truancy and chronic absenteeism in California public schools to the Governor, the Legislature, and to the State Board of Education, as specified. The bill would require the report to include information on pupils in kindergarten and grades 1 to 5, inclusive, including, among other things, attendance-related data and information regarding truancy prevention and intervention efforts by local educational agencies, as defined, or county or local prosecuting authorities, as specified. The bill would, upon the request of the Attorney General or the department, require county and local prosecuting authorities or local educational agencies, respectively, to provide the Attorney General or the department with specified information in anonymized format. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. (2) Existing law requires the Superintendent of Public Instruction to coordinate and administer a state school attendance review board, as provided. Existing law requires the Superintendent to convene the state school attendance review board at least 4 times during the year. Existing law requires the state school attendance review board to, among other things, make recommendations annually to the Superintendent, and to other state agencies as deemed appropriate, regarding the needs and services provided to high-risk youth, including youth with school attendance or behavioral problems, in the state public schools. This bill would require the state school attendance review board to annually discuss the report jointly submitted by the Attorney General and the department at a regularly scheduled meeting. The bill would authorize the state school attendance review board to provide recommendations based on the report. (3) 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. (4) This bill would specify the intent of the Legislature in enacting these provisions.
Existing law includes provisions that govern arbitration and conciliation proceedings for international commercial disputes. Existing law authorizes the parties in a conciliation proceeding to appear in person or be represented or assisted by any person of their choice, and provides that a person representing or assisting a party is not required to be a member of the legal profession or licensed to practice law in California. This bill would recast the provision regarding representation and assistance of parties, thus making the provision applicable to any arbitration or conciliation proceeding conducted pursuant to the statutory provisions that govern arbitration and conciliation of international commercial disputes. The bill would also express the intent of the Legislature that those statutory provisions be broadly construed so as to promote California's interest in becoming a major center for international commercial arbitration.
The Political Reform Act of 1974 provides for the comprehensive regulation of the lobbying industry and imposes various restrictions on public officials for the purpose of avoiding conflicts of interests. The act prohibits a lobbyist or lobbying firm from making gifts to any person aggregating more than $10 in a calendar month and prohibits an elected state officer, elected officer of a local government agency, or other designated individual from accepting gifts from any single source in any calendar year with a total value of more than $250. Existing law requires the Fair Political Practices Commission to adjust the gift limitation amount on January 1 of each odd-numbered year to reflect changes in the Consumer Price Index. This bill would prohibit a lobbyist or lobbying firm from making a gift of any amount. The bill would prohibit an elected state officer, elected officer of a local government agency, or other designated individual from accepting gifts from a single source in a calendar year with a total value of more than $200 and would authorize the Fair Political Practices Commission to increase the gift limitation amount each odd-numbered year based upon changes in the Consumer Price Index. The bill would further prohibit a candidate for elective state office, elected state officer, or legislative official from receiving a gift of tickets to specified venues and events or a gift comprised of specified recreational activities. The act prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use the official's position to influence a governmental decision in which the official knows or has reason to know that he or she has a financial interest. The act provides that the public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on the official, the official's immediate family, or other prescribed persons, including a donor of a gift or gifts aggregating $250 or more in value within the 12 months preceding the decision. The act requires the Commission to adjust the gift value amount that creates a financial interest in the donor to equal the above-described limitation amount on the value of gifts from a single source in a calendar year. This bill would reduce to $200 the aggregate value of gifts that create a financial interest for a public official in the gift's donor. The bill would also require the Commission to adjust this amount to equal the amount of any adjustment made by the Commission to the above-described gift limitation on the value of gifts from a single source in a calendar year. Violation of the act is punishable as a misdemeanor. By creating additional crimes, the 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.
Existing law provides for the regulation of insurers by the Department of Insurance. Existing law directs the Insurance Commissioner to enforce the execution of laws regulating the business of insurance. The existing Insurance Code requires various entities to submit certain reports to specified committees of the Legislature. This bill would authorize certain reports required to be submitted to a committee of the Legislature pursuant to the Insurance Code to be submitted electronically, as specified. The bill would also require any report that is required under the Insurance Code to be submitted to a committee of the Legislature to also be submitted as an electronic or printed copy to the Legislative Counsel.
Existing law prohibits a licensed dealer from engaging in certain practices, including, among others, making an untrue or misleading statement indicating that a vehicle is equipped with all the factory-installed optional equipment the manufacturer offers. Under existing law, a violation of these provisions is a crime. This bill would, subject to exceptions, additionally prohibit a dealer from selling or otherwise transferring ownership at retail of a used vehicle, as specified, if the dealer knows or should have known that the vehicle is subject to a manufacturer's safety recall, unless the repairs required to correct the defect have been performed on the vehicle. The bill would define the term "manufacturer's safety recall." Because a violation of these provisions would be a crime under other provisions of existing law, the bill would impose a state-mandated local program. The bill would also make a violation of these provisions actionable under the Consumers Legal Remedies Act and the Unfair Competition Law, and as false advertising. 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.
