Existing law establishes various programs for the prevention of disease and the promotion of health to be administered by the State Department of Public Health, including, but not limited to, the licensure and regulation of health facilities, including general acute care hospitals. Violation of these provisions is a crime. This bill would require every licensed general acute care hospital with an emergency department to determine the range of crowding scores, as defined, that constitute each category of the crowding scale, as provided, for its emergency department. The bill would require every licensed general acute care hospital with an emergency department to calculate and record a crowding score every 4 hours, except as specified, to assess the crowding condition of its emergency department. The bill would require, by January 1, 2014, every licensed general acute care hospital with an emergency department to develop and implement a full-capacity protocol for each of the categories of the crowding scale. This bill would require every licensed general acute care hospital with an emergency department to file its full-capacity protocol with the Office of Statewide Health Planning and Development, and to annually report revisions to its protocol. The bill would repeal its provisions on January 1, 2017. By changing the definition of an existing 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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Existing law establishes in state government the Military Department, which includes the office of the Adjutant General, the State Military Reserve, the California Cadet Corps, and the Naval Militia. There is also, within the Military Department, the inspector general, an office that inspects, audits, investigates, trains, and performs various duties necessary to support the mission of the Military Department. This bill would establish specified requirements for the position of California's inspector general, including, among others, a requirement that the Governor appoint the inspector general. This bill would specify the duties of the California Military Department Inspector General, and would require the inspector general to continue to maintain a toll-free public telephone number and Internet Web site to receive complaints and allegations. This bill would authorize the inspector general to investigate specified complaints and allegations of misconduct upon written request of specified persons, and would provide that those requests are not a public record under the California Public Records Act. This bill would establish the California Military Whistleblower Protection Act, which would prohibit a person from restricting a member of the Military Department from making specified communications to a Member of Congress, the Governor, a Member of the Legislature, or any state or federal inspector general, or from taking, or threatening to take, unfavorable personnel actions, or withholding, or threatening to withhold, favorable personnel actions, as a reprisal against a member of the Military Department for making specified communications. This bill would require the California Military Department Inspector General to take specified actions if a member of the Military Department makes allegations that a prohibited personnel action has been taken, or has been threatened to be taken, as provided. This bill would require the Military Department to provide one training per year to the department's civil service employees regarding the role and responsibility of the California Military Department Inspector General and their rights under the California Whistleblower Protection Act, the California Military Whistleblower Protection Act, and any other relevant state or federal law. The California Constitution requires that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a cemetery authority, cemetery corporation or association, or other entity in possession of the cremated remains of a veteran or dependent of a veteran to release the remains to a veterans' remains organization, as defined, for interment after specified conditions are met, including possession of the remains for at least one year. This bill would require the public administrator of a county to make every reasonable effort to determine if the unclaimed remains of a decedent referred to the public administrator belong to a veteran or the dependent of a veteran. The bill would require the public administrator to work with specified entities, including the county veteran service officer, to determine if the remains belong to a veteran or the dependent of a veteran. The bill would require a county veteran service officer who determines that unclaimed remains are those of a veteran or dependent of a veteran, and that the remains meet the criteria for interment by a veterans' remains organization, to report specified information to the Department of Veterans Affairs. This bill would require the department to maintain a list of those unclaimed remains, and make that list available to veterans' remains organizations by phone or in person. By increasing the duties of counties, 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, 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.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing workers' compensation law authorizes the Workers' Compensation Appeals Board to determine and allow specified expenses as liens against any sum to be paid as compensation. Existing law requires, before issuing an award or approval of any compromise of claim, the determination of whether any benefits have been paid or services provided by specified entities. This bill would require the appeals board to allow a lien for loss-of-time benefits paid by a self-insured employee welfare benefit plan, as defined. This bill would incorporate additional changes in Section 4903.1 of the Labor Code proposed by SB 863 that would become operative only if SB 863 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of high-occupancy vehicles (HOV) , which lanes may also be used, until January 1, 2015, by certain eligible low-emission and hybrid vehicles not carrying the requisite number of passengers otherwise required for the use of HOV lanes if the vehicle displays a valid identifier issued by the Department of Motor Vehicles. Existing law provides that a vehicle, eligible under these provisions to use HOV lanes, that meets the California's enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard is not exempt from toll charges imposed on single-occupant vehicles in lanes designated for tolls pursuant to a federally supported value-pricing and transit development program involving high-occupancy toll (HOT) lanes conducted by the Los Angeles County Metropolitan Transportation Authority. This bill would instead exempt, with specified exceptions applicable to passage on designated state highways, all of the low-emission and hybrid vehicles eligible to use HOV lanes under these provisions, including vehicles that meet the enhanced AT PZEV standards, from toll charges imposed on HOT lanes unless prohibited by federal law. The bill would exclude a toll imposed for passage on a toll road or toll highway, that is not an HOT lane, a toll imposed for crossing a state-owned bridge, or, until March 1, 2014, a toll imposed for passage in HOT lanes designated for State Highway Route 10 or 110, from this exemption. The bill would provide that these changes shall be known as the Choose Clean Cars Act of 2012.
Existing law establishes the State Coastal Conservancy, which serves as a repository for coastal lands. Existing law authorizes the conservancy to, among other things, undertake projects and award grants for the purposes of restoration of areas of the coastal zone that are adversely affecting the coastal environment or are impeding orderly development. This bill would authorize the conservancy to address the impacts and potential impacts of climate change on resources within its jurisdiction, giving priority to projects that maximize public benefits.
Existing law establishes the Office of Planning and Research (OPR) in state government in the Governor's office and requires OPR to, among other things, coordinate the development of policies and criteria to ensure the federal grants-in-aid administered or directly expended by state government advance statewide environmental goals and objectives and to coordinate research activities of state government directed to the growth and development of the state and the preservation of environmental quality, and render advice to the Governor, his or her cabinet, to the Legislature, and any agency or department of state government, and provide information to, and cooperate with, the Legislature or any of its committees. Existing law declares the state policy to promote all feasible means of energy and water conservation and all feasible use of alternative energy and water supply sources. Existing law establishes various programs to provide to specified entities financial assistance for the installation of energy efficiency measures and renewable energy resources. This bill would require OPR to identify those state agencies that develop and implement state energy and environmental policies that directly impact on the United States Department of Defense's energy security and military mission goals. The bill would require those identified state agencies, when developing or implementing those state policies, to consider those direct impacts. The bill would require OPR to serve as a liaison to coordinate effective inclusion of the United States Department of Defense in the development and implementation of state energy and environmental policy.
(1) Existing law makes it unlawful to engage in specified practices, unfair methods of competition, and unfair or deceptive acts or practices in a transaction intended to result or that results in the sale or lease of goods or services, including making false or misleading statements concerning the existence of price reductions, or the home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for purposes of paying for home improvements. A consumer who suffers damages as a result of the use or employment of the prohibited acts or practices may bring an action to recover civil damages of at least $1,000, and, if the victim is a senior citizen and the trier of fact makes specified findings, including that the consumer has suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct, to recover an additional amount of up to $5,000. This bill would expand that provision to include advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements that does not include a statement that the person disseminating the statement is not authorized to file an initial application for veterans' benefits or that the event is not sponsored by or affiliated with specified veterans' organizations, including the United States Department of Veterans Affairs. The bill would also make a conforming change. (2) Existing law provides that all insurers, brokers, agents, and others engaged in the transaction of insurance owe a prospective insured who is 65 years of age or older, a duty of honesty, good faith, and fair dealing. This duty is in addition to any other duty, whether express or implied, that may exist. This bill would make it unlawful for an insurance agent who is not licensed as an attorney to deliver to a person who is 65 years of age or older, or for an insurance agent who is licensed as an attorney to deliver to a person who is 65 years of age or older, a living trust or other legal document, other than an insurance contract or other insurance product document, except as specified. (3) Existing law requires any person who meets with a senior in the senior's home to deliver a specified notice to the senior in writing and in 14-point type no less than 24 hours prior to that individual's initial meeting in the senior's home. This bill would additionally require the notice to be delivered no more than 14 days prior to the meeting. The bill would also require that the notice be a stand-alone document in 16-point, rather than 14-point, type, that the notice include specified information regarding the agent, including his or her full name and license number, and that the notice include a specified statement. (4) Existing law sets certain standards with regard to any advertisement, as defined, or other device designed to produce leads based on a response from a potential insured that is directed to a person 65 years of age or older, including, but not limited to, disclosing certain information, not using certain language, names, letters, or symbols, and not using specified deceptive or misleading practices and materials. This bill would change the definition of advertisement to also include worksheets, questionnaires, or other materials designed to collect personal or financial information about a prospective insured or annuitant. The bill would also add veterans organizations or agencies and the United States Department of Veterans Affairs to the list of those entities that cannot be used in specified deceptive or misleading advertising practices and materials.
Existing law requires the Board of Governors of the California Community Colleges, the Trustees of the California State University, the California Postsecondary Education Commission, and the Student Aid Commission, including a specified auxiliary organization, and requests the Regents of the University of California, to provide for live audio transmission of all meetings, which are open to the public pursuant to specified law, through a technology that is accessible to as large a segment of the public as possible, including, but not necessarily limited to, the use of cable, satellite, over-the-air, or any other type of transmission that can be accessed though a television. This bill would require those entities, other than the California Postsecondary Education Commission, which would be deleted from this provision, and request the regents, also to provide for live video transmissions, as specified, and to archive and post the video and audio transmissions on the entity's Internet Web site for at least 12 months and within 48 hours following the initial transmission. The bill would remove over-the-air transmissions from the list of transmissions that can be accessed through a television.
Existing law requires the Instructional Quality Commission to recommend curriculum frameworks for adoption by the State Board of Education in accordance with regulations. Existing law defines "curriculum framework" as an outline of the components of a given course of study designed to provide state direction to school districts in the provision of instructional programs. This bill would require the commission and the state board to ensure that the health and science curriculum frameworks adopted in the course of the next submission cycle, as specified, include the subject of organ procurement and tissue donation, as appropriate.