Under existing law, if a crime is punishable, in the discretion of the court, either as a misdemeanor or a felony, the crime is a misdemeanor for all purposes under specified circumstances, including, among other circumstances, when the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence, or driving under the influence causing injury, is subject to enhanced penalties if the current offense for driving under the influence, or driving under the influence causing injury, occurred within 10 years of a separate conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence. This bill would state that a conviction for driving under the influence or driving under the influence causing injury, punished as a felony, constitutes a felony for the purpose of determining whether the person has been convicted of a separate violation or a prior violation, even if the conviction was subsequently reduced to a misdemeanor pursuant to the discretionary sentencing provision described above. By expanding the group of people eligible for a sentence enhancement, 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.
Sponsored bills
This measure would declare October 3, 2018, as Inflammatory Breast Cancer Awareness Day of 2018, and encourage all Californians to learn about this rare and aggressive type of breast cancer and support all people who are impacted by a diagnosis of inflammatory breast cancer.
Existing law provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law also provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities for adults. This bill would, among other things, define a "recovery residence" as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery. The bill would authorize a recovery residence to demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by a certifying organization that is approved by the State Department of Health Care Services. The bill would require an approved certifying organization to, among other things, maintain an affiliation with a national organization recognized by the department, establish and use procedures to administer the application, certification, renewal, and disciplinary processes for a recovery residence, and investigate and enforce violations by a residence of the organization's code of conduct, as provided. The bill would specify the information and documentation that an operator who seeks to have a residence certified is required to submit to an approved certifying organization. This bill would require an approved certifying organization to maintain and post on its Internet Web site a registry containing specified information of a residence that has been certified pursuant to these provisions, and would require the department to maintain and post on its Internet Web site a registry that contains specified information regarding each residence and operator that has had its certification revoked. This bill would require, on and after January 1, 2020, specified entities, including a state agency, state-contracted vendor, county agency, or county-contracted vendor, certified alcohol drug counselor, and person or entity licensed in the healing arts that directs substance use treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires that person to reside in a sober living environment, to first refer that person to a residence listed as a certified recovery residence on a registry posted by an approved certifying organization, if available. The bill would authorize those entities to refer persons to noncertified recovery residences, if they determine it is in the best interests of those persons, and would authorize those entities to notify the department of their decision. The bill would require the department to report to the Legislature on or before January 1, 2021, regarding the efficacy of its regulation of certifying organizations' impact on complaint resolution, as specified. By imposing additional duties on local governments, this bill would create a state-mandated local program. The bill would provide for the repeal of all of these provisions on January 1, 2026. 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 the statutory provisions noted above.
Existing law authorizes a Purple Heart recipient to apply for special license plates inscribed with the Purple Heart insignia to be issued for a vehicle that is owned or coowned by the Purple Heart recipient. The law authorizes an applicant for the Purple Heart license plate who qualifies as a disabled veteran to apply also for a distinguishing placard to be used in conjunction with the Purple Heart license plate for specified special parking privileges. This bill would require a state agency with a parking facility that is available to private persons who conduct business with the agency to reserve a parking space free of charge for the exclusive use of any vehicle that displays a Purple Heart special license plate.
Existing property tax law, pursuant to the authorization of the California Constitution, provides a disabled veteran's property tax exemption for the principal place of residence of a veteran, the veteran's spouse, or the veteran and veteran's spouse jointly, and the unmarried surviving spouse of a veteran, as provided, if the veteran, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled as a result of injury or disease incurred in military, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing law exempts that part of the full value of the residence that does not exceed $100,000, or $150,000, if the household income of the veteran or the unmarried surviving spouse of a veteran does not exceed $40,000, adjusted for inflation, as specified. This bill, beginning with the 2019–20 fiscal year and for each fiscal year thereafter, would instead exempt the full value of the principal place of residence of a veteran or veteran's spouse and the unmarried surviving spouse of a veteran. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, and at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year. Existing law also requires that a lease be offered on a right of first refusal by the department to the city and county or a political subdivision of the city and county and authorizes leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions, including a requirement for the department to lease property located within a priority development area to the city and county for up to 10 parcels, at a specified below market value lease amount, and a requirement, applicable to all leases, for the lessee to be responsible for all associated maintenance costs. Existing law also requires that a lease authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state and requires the City and County of San Francisco or a political subdivision of the city and county, in consultation with the department, to follow all applicable health, environmental, safety, design, and engineering standards. This bill would similarly authorize the department to offer a lease on a right of first refusal basis of any airspace under a freeway, or real property acquired for highway purposes, located in a disadvantaged community, that is not excess property to the city or county in which the disadvantaged community is located for purposes of an emergency shelter or feeding program, or for park, recreational, or open-space purposes for a rental amount of $1 per month, subject to certain conditions. The bill would also authorize the department to lease up to 10 parcels in any city, or in the unincorporated area of any county, in which the disadvantaged community is located for park, recreational, or open-space purposes at an amount equal to 30% of the fair market lease value of the applicable parcel.
Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services. Existing law restricts a licensee from operating an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license. This bill would make it unlawful for any licensee, operator, manager, consultant, employee, or patient of an alcoholism or drug abuse recovery or treatment facility, or any other person to, among other things, offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, or engage in any split-fee arrangement to induce the referral of a patient or patronage to or from an alcoholism or drug abuse recovery or treatment facility, or to solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe in return for referring a patient or patronage to or from an alcoholism or drug abuse recovery or treatment facility. The bill would establish the Commission on Substance Abuse and Recovery to provide comprehensive recommendations to the Legislature to create a coordinated and unified effort among state and local agencies to effectively confront the statewide addiction and substance abuse crisis with appropriate care and consideration of local effects. The bill would also state the intent of the Legislature to encourage public and private sector businesses and organizations providing substance use disorder treatment and supportive services, including in residential settings, to provide those treatments and services with integrity and to ensure the quality of life for patients and individuals receiving these services.
Existing law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. Existing regulations authorize a person to request the department to inspect a facility. Existing law requires the department to investigate complaints, such as an allegation that a facility is operating without a license. This bill would require the department, no later than January 1, 2020, to develop specified guidelines on the manner in which to report to the Legislature about unlicensed residential alcoholism or drug abuse recovery or treatment facilities. The bill would require the guidelines to address certain topics, including, among others, methods for determining whether complaints received by the department regarding unlicensed facilities in communities are substantiated or unsubstantiated. The bill would require the department, no later than January 1, 2021, to complete and submit a report, using those guidelines, to the Legislature.
Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services. Existing law requires the Department of Justice to furnish state or federal summary criminal history information to authorized agencies and organizations for employment, licensing, or certification purposes. This bill would require the department to secure state and federal level criminal history information for the applicant before issuing a license for an alcoholism or drug abuse recovery or treatment facility. The bill would provide that a past criminal conviction or pending criminal charge does not serve as an automatic exclusion for licensure and would require the department to evaluate the circumstances of the conviction or pending charge and determine if the applicant meets all other requirements for licensure. The bill would authorize the department, after conducting this review, to grant a license if the department determines that the applicant is capable of complying with all statutes and regulations regarding licensure and that granting the license will not endanger the public health, safety, or welfare. The bill would generally prohibit the department from issuing a license to an applicant who has been convicted of specified offenses or who has voluntarily surrendered his or her medical license, or had his or her medical license revoked, but would authorize the department to grant a waiver for an applicant after evaluating the circumstances leading to his or her conviction or loss of a medical license and evaluating the applicant's behavior and circumstances after the conviction or loss of a medical license, as specified. The bill would require the department to grant a waiver for an applicant if he or she participated in the Offender Mentor Certification Program offered by the Department of Corrections and Rehabilitation and has received a counseling certificate.
Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 23 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. This bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday, except as specified. The bill would require that the flexible work schedule contain specified information and the employer's and the employee's original signature. The bill would also require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.