Photo of Ed Hernandez
D California Senate · District 22

Sen. Ed Hernandez

Compare
Total votes
26,650
all sessions
Attendance
96%
959 missed
Near the chamber average
With party
99%
of cast votes
Higher than 88% of chamber peers
Bipartisan score
0%
crosses aisle rarely
Lower than 89% of chamber peers
Sponsored
618
bills & resolutions
Lower than 89% of chamber peers
Committees
0
assignments
618 bills and resolutions

Sponsored bills

Total
618
Primary
247
Co-sponsor
371
This page
618
matching current filters
Primary SB 1301
Signed into law · California Senate · Lead sponsor
Prescription drugs: 90-day supply.

Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law prohibits a person from furnishing a dangerous drug except upon the prescription of specified practitioners, except as specified. Existing law authorizes a pharmacist filling a prescription order for a drug product to substitute a generic drug product or a drug product with a different form of medication having the same active chemical ingredients of equivalent strength and duration of therapy as the prescribed drug product, subject to specified requirements. Existing law also authorizes a pharmacist to refill a prescription for a dangerous drug without the prescriber's authorization under specified circumstances. This bill would authorize a pharmacist to dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription if the patient has completed an initial 30-day supply of the drug, except as specified, the pharmacist is exercising his or her professional judgment, the pharmacist dispenses no more than the total amount prescribed, including refills, and the prescriber has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary. The bill would prohibit a pharmacist from dispensing a dangerous drug pursuant to these provisions if the prescriber indicates "No change to quantity" or words of similar meaning, as specified. The bill would require a pharmacist dispensing an increased supply of a dangerous drug pursuant to these provisions to notify the prescriber of the increase in the quantity of dosage units dispensed. The bill would provide that these provisions are not applicable to psychotropic medication or psychotropic drugs, as described.

Signed into law Sep 22, 2012 0 co-sponsors
Primary SB 289
Signed into law · California Senate · Lead sponsor
Clinical laboratory techniques: training and instruction.

Existing law provides for the licensure and regulation of clinical laboratories and various clinical laboratory health care professionals by the State Department of Public Health. Existing law authorizes the department to approve schools seeking to provide instruction in clinical laboratory techniques, as specified. This bill would authorize the department to approve specified institutions seeking to provide clinical laboratory scientist programs for instruction in clinical laboratory techniques, as specified, including, among others, a California licensed clinical laboratory and an accredited college or university in the United States. The bill would also specify that, upon approval by the department, clinical laboratory scientist programs may use multiple clinical laboratories apportioned in any percentage to provide training in clinical laboratory techniques, if specified conditions are met. The bill would also make technical, nonsubstantive changes to these provisions.

Signed into law Sep 17, 2012 0 co-sponsors
Primary SB 1544
Signed into law · California Senate · Lead sponsor
Income taxes: disaster losses: Counties of Los Angeles and San Bernardino.

The Personal Income Tax Law and the Corporation Tax Law allow individual and corporate taxpayers to utilize net operating losses and carryovers and carrybacks of those losses for purposes of offsetting their individual and corporate tax liabilities. Existing law, for net operating losses incurred in taxable years beginning on or after January 1, 2008, provides a carryover period of 20 years and allows net operating losses attributable to taxable years beginning on or after January 1, 2013, to be carrybacks to each of the preceding 2 taxable years, as provided. Existing law disallows the deduction for net operating losses and net operating loss carryovers in the 2008 to 2011, inclusive, taxable years for a taxpayer with over a specified amount of business income and extends the carryover period for those net operating losses, thus allowing the taxpayer to have the same number of years to utilize the deduction as the taxpayer would have had if the disallowance for those taxable years had not occurred. Existing law disallows net operating loss carrybacks for any net operating losses attributable to taxable years beginning before January 1, 2013, but would allow net operating losses attributable to taxable years beginning on or after January 1, 2013, to be carrybacks to each of the preceding 2 taxable years, as provided. This bill would conform to a specified section of the Internal Revenue Code regarding disaster losses, which would authorize a taxpayer to make an election to claim a deduction for any losses sustained in the Counties of Los Angeles and San Bernardino as a result of the severe winds that occurred in November 2011 on the tax return for the preceding year, as provided. This bill would provide that any provision of law that suspends, defers, reduces, or otherwise diminishes the deduction of a net operating loss does not apply to a net operating loss attributable to those severe winds that occurred in November 2011 in the Counties of Los Angeles and San Bernardino. This bill would make a legislative finding and declaration relating to the statewide public purpose served by the bill. This bill would take effect immediately as a tax levy.

Signed into law Sep 7, 2012 0 co-sponsors
Co-sponsor SCR 79
Signed into law · California Senate · Co-sponsor
Relative to the Honorable Jenny Oropeza Memorial Highway.

This measure would designate a specified portion of State Highway Route 1 in the County of Los Angeles as the Honorable Jenny Oropeza Memorial Overcrossing. This measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, to erect those signs.

Signed into law Aug 29, 2012 1 co-sponsor
Primary SB 677
Passed · California Senate · Lead sponsor
Medi-Cal: eligibility.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. This bill would, commencing January 1, 2014, implement various provisions of the federal Patient Protection and Affordable Care Act (Affordable Care Act) (Public Law 111-148) , as amended, by, among other things, modifying provisions relating to determining eligibility for certain eligibility groups. The bill would, in this regard, extend Medi-Cal eligibility to specified adults and would require that income eligibility be determined based on modified adjusted gross income (MAGI) , as prescribed. The bill would prohibit the use of an asset or resources test for individuals whose financial eligibility for Medi-Cal is determined based on the application of MAGI. The bill would also add, commencing January 1, 2014, benefits, services, and coverage included in the essential health benefits package, as adopted by the state and approved by the United States Secretary of Health and Human Services, to the schedule of Medi-Cal benefits. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, 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, 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.

Passed Aug 29, 2012 0 co-sponsors
Primary SB 1257
Signed into law · California Senate · Lead sponsor
Utility user tax: exemption: public transit vehicles.

Existing law generally provides that the legislative body of any city and any charter city may make and enforce all ordinances and regulations with respect to municipal affairs, as provided, including, but not limited to, a utility user tax on the consumption of gas and electricity. Existing law provides that the board of supervisors of any county may levy a utility user tax on the consumption of, among other things, gas and electricity, in the unincorporated area of the county. This bill would provide that a local jurisdiction, as defined, may not impose a utility user tax, as specified, upon either the consumption of compressed natural gas dispensed by a gas compressor, within a local jurisdiction, that is separately metered and is dedicated to providing compressed natural gas as a motor vehicle fuel for use by the local agency or public transit operator or the consumption of electricity used to charge electric bus propulsion batteries, within a local jurisdiction, that is separately metered and is dedicated to providing electricity as fuel for an electric public transit bus.

Signed into law Aug 28, 2012 0 co-sponsors
Co-sponsor AB 1600
Signed into law · California Assembly · Co-sponsor
Metro Gold Line Foothill Extension Construction Authority.

Existing law creates the Metro Gold Line Foothill Extension Construction Authority, governed by a board of 5 voting members and 3 nonvoting members, appointed as specified, for purposes relating to the development of a light rail project extending from the City of Los Angeles to the Cities of Pasadena and Claremont, and authorizes the authority to accept grants, fees, and allocations from the state, local agencies, and private entities. This bill would provide for the extension of the project to the City of Montclair, instead of the City of Claremont. The bill would authorize the authority to also accept grants, fees, and allocations from federal agencies, and to accept transfers of funds from federal, state, and local agencies. Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA) and specifies that the LACMTA shall assume responsibility for operating the project upon dissolution of the authority. Existing law creates the San Bernardino County Transportation Commission and requires the San Bernardino Associated Governments (SANBAG) to function in that capacity. This bill would require the LACMTA to assume responsibility for operating all completed phases of the project. The bill would require the authority to enter into a construction agreement with SANBAG prior to commencing construction of the portion of the project in the County of San Bernardino. The bill would grant LACMTA authority to operate the portion of the project located in the County of San Bernardino, subject to approval by SANBAG through approval of an operations and maintenance agreement, as specified, with respect to the portion of the project on the right-of-way owned by SANBAG. The bill would expand the board of the authority by one nonvoting member to be appointed by the president of the board of directors of SANBAG. Existing law authorizes the governing board of the authority to appoint an executive director to carry out the duties of the authority, including awarding and approving contracts. This bill would require that contracts awarded by the executive director comply with laws generally applicable to local agency procurements, as specified. Because this bill would require a local authority to assume additional responsibilities, it would create 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.

Signed into law Aug 27, 2012 1 co-sponsor
Co-sponsor AB 391
Signed into law · California Assembly · Co-sponsor
Secondhand dealers and pawnbrokers: electronic reporting.

(1) Existing law generally requires secondhand dealers and coin dealers, as defined, to report specified transactions involving tangible personal property, on forms provided or approved by the Department of Justice, to the local law enforcement agency where their businesses are located. Existing law defines "tangible personal property" for these purposes, and excludes from that definition, among other items, commercial grade ingots defined to include, among other items, 0.99 fine ingots of gold, silver, or platinum. This bill would revise the definition of commercial grade ingots to include 0.99 fine or finer ingots of gold, silver, palladium, or platinum. Under existing law, secondhand dealers and coin dealers are required to report the information described above using an electronic reporting system 12 months after the Department of Justice develops that system. This bill would eliminate the electronic filing requirements for coin dealers, and would instead require that secondhand dealers report this information using the single, statewide, uniform electronic reporting system on and after the date that the system is implemented, as specified. (2) Existing law requires a local law enforcement agency to issue a license to engage in the business of a secondhand dealer or pawnbroker to an applicant who meets designated criteria. Existing law authorizes the local licensing authority and the Department of Justice to charge an initial licensure fee and a renewal fee, as specified. This bill would require the Department of Justice to charge a licensure fee and a renewal fee of no more than $300, as specified. The bill would also require licensees issued a license before the effective date of this bill to pay an additional fee of no more than $288 for the purpose of funding the single, statewide, uniform electronic reporting system, with payment due within 120 days of the enactment of this bill. The bill would require that the fees assessed by the department be deposited in the Secondhand Dealer and Pawnbroker Fund, which the bill would create in the State Treasury. The bill would require that the money in the fund be used by the department, upon appropriation by the Legislature, for the purpose of paying for specified regulatory costs, including the cost of implementing, operating, and maintaining the single, statewide, uniform electronic reporting system. The bill would also require applicants for a license to submit fingerprint images relative to a required criminal background check, with associated fee revenue to be deposited in the Fingerprint Fee Account, and would make those revenues available to the Department of Justice, upon appropriation by the Legislature, for these purposes. This bill would make findings and declarations of the Legislature, and state the intent of the Legislature, with regard to these matters. The bill would make other related conforming changes. The bill would declare that it is to take effect immediately as an urgency statute.

Signed into law Aug 17, 2012 1 co-sponsor
Co-sponsor SB 1416
Passed · California Senate · Co-sponsor
Medical residency training program grants: grants.

Existing law, the Song-Brown Family Physician Training Act, declares the intent of the Legislature to increase the number of students and residents receiving quality education and training in the specialty of family practice and as primary care physician's assistants and primary care nurse practitioners. Existing law establishes, for this purpose, a state medical contract program with accredited medical schools, programs that train primary care physician's assistants, programs that train primary care nurse practitioners, registered nurses, hospitals, and other health care delivery systems. Existing law establishes the California Healthcare Workforce Policy Commission and requires the commission to, among other things, identify specific areas of the state where unmet priority needs for primary care family physicians and registered nurses exist, establish standards for family practice training programs, family practice residency programs, primary care physician assistants programs, and programs that train primary care nurse practitioners, and review and make recommendations to the Director of the Office of Statewide Health Planning and Development concerning the funding of those programs that are submitted to the Health Professions Development Program for participation in the state medical contract program. The bill would create the Graduate Medical Education Trust Fund in the State Treasury to consist of private moneys donated to the commission for deposit into the fund and any interest that accrues on those moneys, and would require that moneys in the fund be used, upon appropriation by the Legislature, to fund grants to graduate medical residency training programs, as specified. The bill would require the Office of Statewide Health Planning and Development, in consultation with the California Healthcare Workforce Policy Commission, to develop criteria, upon receipt of private donations of sufficient moneys to develop the criteria, for distribution of available funds. The bill would state that no General Fund moneys shall be used to implement the provisions of the bill.

Passed Aug 16, 2012 1 co-sponsor
Primary SB 703
Passed · California Senate · Lead sponsor
Health care coverage: Basic Health Program.

Existing law, the federal Patient Protection and Affordable Care Act, requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange within state government to facilitate enrollment of qualified individuals in qualified health plans and to assist qualified employers in facilitating the enrollment of their employees in qualified health plans. The federal Patient Protection and Affordable Care Act also authorizes the establishment of a basic health program under which a state may enter into contracts to offer one or more standard health plans providing a minimum level of essential benefits to eligible individuals instead of offering those individuals coverage through an Exchange, if specified criteria are met. Under existing law, the State Department of Health Care Services (department) administers various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program. This bill would establish in state government a Basic Health Program, to be administered by the department. The bill would require the department to enter into a contract with the United States Secretary of Health and Human Services to implement the Basic Health Program, and would set forth the powers and the duties of the department relative to determining eligibility for enrollment, setting premiums for coverage, and selecting participating health plans under the Basic Health Program, subject to requirements under federal law. The bill would require the department to permit enrollment in the Basic Health Program on January 1, 2014. The bill would create the Basic Health Program Trust Fund for those purposes and would make moneys in the fund subject to appropriation by the Legislature, except that if the annual Budget Act is not enacted by a certain date, the bill would authorize the department to transfer specified funds from the trust fund to health plans in order to comply with certain requirements, thereby making an appropriation. The bill would require the Basic Health Program to be funded by federal funds, private donations, premiums paid by eligible individuals, and other non-General Fund moneys available for that purpose. Notwithstanding those provisions, the bill would authorize the department to obtain loans from the General Fund for initial startup expenses, to be repaid by July 1, 2016, and would establish a procedure for continued coverage of individuals under the California Health Benefit Exchange if costs of the Basic Health Program exceed moneys available from specified sources. The bill would require the department to request an evaluation of the Basic Health Program and to seek funding for the evaluation from an unspecified independent nonprofit private foundation.

Passed Aug 16, 2012 0 co-sponsors
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