(1) Existing law provides that no costs incurred by a qualified health care professional, hospital, or other emergency medical facility for the examination of the victim of a sexual assault for the purposes of gathering evidence for possible prosecution shall be charged directly or indirectly to the victim of the assault. Existing law provides that the law enforcement agency in the jurisdiction in which the alleged sexual assault was committed which requests the examination has the option of determining whether or not the examination will be performed in the office of a physician and surgeon, and bills for those costs shall be submitted to that local jurisdiction and the local jurisdiction shall bear those costs. This bill would delete the provision giving the local law enforcement agency the option of whether or not the examination will be performed in the office of a physician and surgeon. The bill would provide that victims of sexual assault who request a medical evidentiary examination shall be provided with one. The bill would provide that the victim is not required to participate in the criminal justice system, as specified. The bill would provide that the cost of the medical evidentiary examination is not chargeable, directly or indirectly, to the victim. The bill would provide that the cost of that examination is a cost chargeable to the local law enforcement agency in whose jurisdiction the alleged offense occurred, provided however, that the local law enforcement agency may seek reimbursement from the California Emergency Management Agency for the costs of those examinations, as specified, in those cases in which the victim does not participate in the criminal justice system. The bill would provide that the amount that a qualified health care professional, hospital, or other emergency medical facility may charge to perform the medical evidentiary examination portion of a medical examination of a victim of sexual assault may not exceed $300, and would specify certain federal grant moneys to be used by the California Emergency Management Agency for reimbursement to local law enforcement agencies for the cost of medical evidentiary examinations, as specified, in those cases where the victim does not participate in the criminal justice system. The bill would authorize the agency to use those federal funds for that purpose until January 1, 2014. This bill would make related conforming changes. (2) Existing law requires the California Emergency Management Agency to develop a course of training for qualified health care professionals relating to the examination and treatment of victims of sexual assault. Existing law requires that the agency consult with health care professionals and law enforcement agencies in developing the course. This bill would encourage the agency to designate a course of training for qualified health care professionals and require the agency to partner with allied professional training courses, such as sexual assault prosecutor training as administered by the California District Attorneys Association, regarding that course of training, as specified. (3) For purposes of these provisions, existing law defines a qualified health care professional as a licensed physician and surgeon, or a nurse who works in consultation with a physician and surgeon who conducts examinations for victims of sexual abuse. This bill would include a currently licensed nurse practitioner and a currently licensed physician assistant in the definition of a qualified health care professional.
Sponsored bills
Existing law requires persons who are subject to the Sex Offender Registration Act to, upon release from incarceration, placement, commitment, or release on probation, register or reregister with the chief of police of the city in which he or she is residing, or in which he or she is present if a transient, or the sheriff of the county if he or she is residing or is present in an unincorporated area or city that has no police department, as specified. A violation of the registration requirement is an offense that may be punished as a misdemeanor, or as a felony if additional circumstances exist. The bill would provide that if a person fails to so register after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation, or the district attorney in another specified jurisdiction if the person was not released on parole or probation, may request that a warrant be issued for the person's arrest and shall have authority to prosecute that person as specified.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes administrative procedures for the review and certification of the EIR for a project and judicial review procedures for any action or proceeding brought to challenge the lead agency's decision to certify the EIR or to grant project approvals. This bill would establish specified administrative and judicial review procedures for the administrative and judicial review of the EIR and approvals granted for a project related to the development of a specified stadium in the City of Los Angeles. Because the lead agency would be required to use these alternative procedures for administrative review of the EIR if the project applicant so chooses, this bill would impose a state-mandated local program. The bill would require the lead agency and applicant to implement specified measures, as a condition of approval of the project, to minimize traffic congestion and air quality impacts that may result from spectators driving to the stadium. (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 no reimbursement is required by this act for a specified reason. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the development of a stadium in the City of Los Angeles.
(1) Existing law, until January 1, 2012, creates within the Department of Consumer Affairs, the Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law, until January 1, 2012, requires the board to select an executive officer to perform duties delegated by the board. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would extend the operation of those provisions until January 1, 2016, and would specify that the board would be subject to review by the appropriate policy committees of the Legislature. (2) Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California to inspect all schools of vocational nursing and psychiatric technicians for purposes of accreditation or determining compliance with prescribed standards. This bill would instead require the inspection or review of those schools for the purposes described above. (3) Existing law requires an applicant for a vocational nurse license or a psychiatric technician's license to have successfully completed specified courses of studies from a school accredited by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law requires an employer of a licensed vocational nurse or psychiatric technician to report to the board the suspension or termination for cause of the licensed vocational nurse or psychiatric technician. A violation by any person of any of the provisions governing these professions is a misdemeanor. This bill would instead require an applicant for a vocational nurse license or a psychiatric technician's license to have successfully completed specified courses of studies from a school approved by the board. The bill would also require an employer of a licensed vocational nurse or psychiatric technician to report to the board the resignation for cause, as defined, of the licensed vocational nurse or psychiatric technician and would require an employment agency or nursing registry to report to the board the rejection from assignment of the licensed vocational nurse or psychiatric technician. By revising the definition of a crime, 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 provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners. Existing law, the Osteopathic Act, requires the Osteopathic Medical Board of California to regulate osteopathic physicians and surgeons. Existing law generally requires applicants for a license to pass an examination and authorizes boards to take disciplinary action against licensees for violations of law. Existing law establishes standards relating to personal service contracts in state employment. This bill would authorize these boards to enter into an agreement with an expert consultant, subject to the standards regarding personal service contracts described above, to provide enforcement and examination assistance. The bill would require each board to establish policies and procedures for the selection and use of these consultants. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires agents and insurers to fulfill certain requirements with regard to the replacement of existing life insurance policies and annuities. This bill would require insurers and insurance producers, as defined, to comply with specified requirements regarding the purchase, exchange, or replacement of an annuity recommended to a consumer, including, but not limited to, having reasonable grounds for the insurance producer believing the annuity transaction would be suitable for the consumer, as provided. The bill would also prohibit an insurance producer from selling annuities unless he or she has received Insurance Commissioner-approved training, and would authorize the commissioner to require certain actions by, and impose sanctions and penalties on, insurers and their agents for a violation of the bill's provisions. The bill would further provide that sales by a Financial Industry Regulatory Authority (FINRA) broker-dealer that comply with the suitability and supervision requirements of FINRA shall be deemed to satisfy the suitability and supervision requirements of this bill, as specified.
(1) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. On and after March 1, 2012, this bill would provide partial exemptions equal to specified percentages of state sales and use taxes imposed at a combined rate of 5% for the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as defined, purchased for use by a qualified person, as defined, primarily in any stage of manufacturing, processing, refining, fabricating, or recycling of tangible personal property; in research and development; to maintain, repair, measure, or test specified tangible personal property; and by a contractor for use in a construction contract with a qualified person, as specified. The bill would require the Franchise Tax Board and the State Board of Equalization to provide specified information to the Director of Finance and would require the director to make certain determinations regarding whether this act has caused or will cause a net increase or decrease in the amount of revenues and to correspondingly increase or decrease the exemption to certain taxpayers that received only a limited exemption, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. This bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes. (2) The Personal Income Tax Law imposes taxes based upon taxable income. That law also allows specified credits, exemptions, and exclusions, and imposes an alternative minimum tax with respect to certain items of tax preferences. This bill would, for taxable years beginning on or after January 1, 2012, exclude from taxable income under this law an amount equal to 10% of the business income of a taxpayer, not to exceed $5,000, as specified, but would require the amount excluded to be included as an item of tax preferences for purposes of the alternative minimum tax. (3) The Personal Income Tax Law allows a standard deduction, as defined, in computing the income subject to tax. This bill would, for taxable years beginning on or after January 1, 2012, increase the standard deduction by 27%, as specified. (4) The Corporation Tax Law imposes taxes measured by income at a rate of 8.84%, as specified. The Corporation Tax Law imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and a tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, for taxable years beginning on and after January 1, 2012, reduce that rate to 8.34% on the amount of net income that is less than or equal to $50,000 for the taxable year, except as specified. The bill would reduce the annual minimum franchise tax to $750 for taxable years beginning on or after January 1, 2012. (5) The Corporation Tax Law imposes taxes measured by income and, in the case of a business with income derived from or attributable to sources both within and without this state, apportions the income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to have that income apportioned in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. That law also provides that sales of tangible and intangible personal property are in this state in accordance with specified criteria. This bill would, for taxable years beginning on or after January 1, 2012, revise the rules which determine whether a taxpayer is doing business within this state, revise the provisions which determine whether specific sales occur in this state, and require a taxpayer, except as provided, to apportion its income in accordance with a single sales factor. (6) This bill would include a change in state statute that would result in a taxpayer paying a higher tax the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (7) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (8) This bill would take effect immediately as a tax levy.
This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.
(1) Existing law contains legislative findings and declarations stating that advanced placement courses, among other things, help to improve the overall curriculum at schools where they are provided and provide a cost-effective means for high school pupils to obtain college-level coursework experience. This bill would require the Superintendent of Public Instruction to annually update the information on advanced placement available on the Internet Web site of the State Department of Education to include current information on the various means available to school districts to offer or access advanced placement courses, including online courses, and to annually communicate with high schools that offer advanced placement courses in fewer than 5 subjects and inform them of the various options for making advanced placement courses and other rigorous courses available to pupils who may benefit from them. (2) Existing law authorizes a system of incentives to encourage high schools to operate International Baccalaureate Diploma Programs, and to encourage pupils in these schools to enroll in, attempt, and pass the International Baccalaureate course of study and examinations that lead to the International Baccalaureate Diploma. This bill would require the Superintendent to annually update information on the International Baccalaureate Diploma Program available on the department's Internet Web site and to provide support to high schools that offer International Baccalaureate courses, as specified. The bill would encourage the Academic Senate for the California Community Colleges, the Academic Senate of the California State University, and the Academic Senate of the University of California to continue their efforts to adopt consistent systemwide guidelines for the acceptance and granting of credit for International Baccalaureate Diploma Program courses taken by students while they are in high school.
Existing law describes the California Interscholastic Federation, provides the intent of the Legislature regarding its policies, and requires it to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2010. Existing law repeals these provisions on January 1, 2012. This bill would extend the operation of these provisions to January 1, 2017, and would require the California Interscholastic Federation to report to the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2016.