Sen. Mimi Walters

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.

(1) Existing law, the Physical Therapy Practice Act, creates the Physical Therapy Board of California and makes it responsible for the licensure and regulation of physical therapists. The act defines the term "physical therapy" for its purposes and makes it a crime to violate any of its provisions. This bill would specify that patients may access physical therapy treatment directly, and would, in those circumstances, require a physical therapist to refer his or her patient to another specified healing arts practitioner if the physical therapist has reason to believe the patient has a condition requiring treatment or services beyond that scope of practice, and, with the patient's written authorization, to notify the patient's primary physician and surgeon, if any, that the physical therapist is treating the patient. The bill would prohibit a physical therapist from treating a patient beyond 30 business days or 12 visits, whichever occurs first, unless the physical therapist receives a specified authorization or medical diagnosis from a person with a physician and surgeon's certificate or from a person with a podiatric medicine certificate and acting within his or her scope of practice. The bill would require a physical therapist, prior to the initiation of treatment services, to provide a patient with a specified notice concerning the limitations on the direct treatment services. (2) Existing law regulating professional corporations provides that certain healing arts practitioners may be shareholders, officers, directors, or professional employees of a medical corporation, a podiatric medical corporation, or a chiropractic corporation, subject to certain limitations. This bill would add licensed physical therapists and licensed occupational therapists to the list of healing arts practitioners who may be shareholders, officers, directors, or professional employees of those corporations. The bill would also provide that specified healing arts licensees may be shareholders, officers, directors, or professional employees of a physical therapy corporation. The bill would require, except as specified, that a medical corporation, podiatry corporation, chiropractic corporation, and physical therapy corporation provide patients with a specified disclosure notifying them that they may seek physical therapy treatment services from any physical therapy provider. The bill would also make conforming changes to related provisions. Because the bill would specify additional requirements under the Physical Therapy Practice Act, the violation of which would be a crime, it 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.

This measure would commemorate and honor the service and sacrifice of the members of the United States Armed Forces who supported the operations in Iraq, and their families, as the official combat mission in Iraq draws to a close. This measure would encourage mayors and communities across the State of California to honor veterans who served in Iraq and Afghanistan on November 11, 2012, in Veterans Day parades, ceremonies, and other displays of our state's gratitude for their service and sacrifice. This measure would also request that the Department of General Services work with appropriate 3rd parties to advise and oversee the creation of a memorial for the California veterans who fought and served in Iraq and, upon receiving donations from nonstate sources covering the design, construction, and maintenance costs and ensuring that the memorial is in the best interest of the State Capitol Park, erect that memorial, in accordance with California law, in the State Capitol Park. This measure would state the intent of the Legislature to enact future legislation authorizing the creation of a larger memorial commemorating and thanking those who served in both Iraq and Afghanistan.

(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.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit in an amount equal to $3,000 for each full-time employee hired during the taxable year by a qualified employer, as defined. Existing law limits the total amount of credit that may be allocated under those provisions to $400,000,000. This bill would reduce the total amount of credit that may be allocated under those provisions to $375,000,000. This bill would allow a credit against the taxes imposed by the Personal Income Tax Law and the Corporation Tax Law in an amount equal to $3,000 for each disabled veteran, as defined, hired as a qualified full-time employee during the taxable year by a qualified employer, as defined. This bill would limit the total amount of credit that may be allocated under those provisions to $25,000,000. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within 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. This bill would take effect immediately as a tax levy.

(1) Existing provisions of the California Constitution generally require a bill containing a General Fund appropriation to be passed by a 23 vote of both houses of the Legislature. The Budget Bill and other bills providing for appropriations related to the Budget Bill, as defined, are exempt from this requirement and may be passed by a majority vote, to take effect immediately upon being signed by the Governor or upon a date specified in the legislation. This measure would repeal both those provisions exempting the Budget Bill and other bills providing for appropriations related to the Budget Bill from the 23-vote requirement, and the provisions specifying that those bills take effect immediately. (2) Existing provisions of the California Constitution prohibit the Legislature from sending to the Governor for consideration, and prohibit the Governor from signing, a Budget Bill that would appropriate from the General Fund a total amount that, when combined with specified appropriations and transfers, exceeds General Fund revenues for that fiscal year estimated as of the date of the Budget Bill's passage. This measure would require that the estimate of General Fund revenues described above be made by the Legislative Analyst. The measure would require the Legislative Analyst, within 3 days after a Budget Bill is submitted to the Governor, to certify whether the Budget Bill meets the above requirement regarding appropriations from the General Fund. The Governor would be prohibited from signing a Budget Bill that the Legislative Analyst certifies as not meeting that requirement unless the Governor reduces or eliminates items of appropriation in the bill and the Legislative Analyst certifies that the bill, as adjusted, meets that requirement. This measure would prohibit either house of the Legislature from adjourning for more than 10 days after sending a Budget Bill to the Governor until the Legislative Analyst has provided the certification described above.

This measure would proclaim June 2012 as Scleroderma Awareness Month.

Existing law prohibits a person, for amusement or gain, from causing, permitting on his or her premises, or aiding and abetting in the fighting of specified animals, including bears and dogs. A violation of this prohibition is a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not to exceed $5,000, or by both. This bill would raise the fine to $10,000. Existing law makes it a misdemeanor to knowingly be present as a spectator at any place, building, or tenement for an exhibition of animal fighting or for preparations for that act. A violation of this prohibition is punishable by imprisonment in a county jail for a period not to exceed 6 months, or by a fine not to exceed $1,000, or by both. This bill would raise the fine to $5,000. Existing law makes it a misdemeanor to manufacture, buy, sell, barter, exchange, or for a person to have in his or her possession any of the implements commonly known as gaffs or slashers, or any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird. A violation of this prohibition is a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $5,000, or by both, and upon conviction, in addition to any judgment or sentence imposed by the court, forfeiture of possession or ownership of those implements. This bill would raise the fine to $10,000. Existing law prohibits a person from owning, possessing, keeping, or training any bird or other animal with the intent that it be used or engaged by himself or herself, by his or her vendee, or by any other person in an exhibition of fighting. A person who violates this prohibition is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $5,000, or by both. This bill would raise the fine to $10,000.

The Charter Schools Act of 1992 authorizes any one or more persons to submit a petition to the governing board of a school district to establish a charter school that operates independently from the existing school district structure as a method of accomplishing specified goals. Existing law requires a charter school to comply with its charter and exempts charter schools from the laws governing school districts except those of the Charter Schools Act of 1992, those establishing minimum age for public school attendance, specified building code regulations, and other specified laws. Existing law deems a charter school to be a school district for specified purposes, including for purposes of the state's minimum funding obligation for school districts and community colleges. Existing law governs the tort liability and immunity of, and claims and actions against, public entities and their officers and employees. A public entity, as defined, is not liable for an injury, except as otherwise provided by statute, whether the injury arises out of an act or omission of the public entity or a public employee or any other person. Existing law establishes in the state government the California Law Revision Commission and requires the commission to file a report at each regular session of the Legislature that contains a calendar of topics selected by it for study. Existing law requires the commission also to study any topic that the Legislature, by concurrent resolution or statute, refers to it for study. Existing law requires the commission to submit its reports, and its recommendations as to revision of the laws, to the Governor and the Legislature, and to distribute them to the Governor, the Members of the Legislature, and the heads of all state departments. This bill would require the commission, by January 15, 2013, to submit to the Legislature its analysis of the legal and policy implications of treating a charter school as a public entity for purposes of the law governing the tort liability and immunity of, and claims and actions against, public entities and their officers and employees.

This measure would designate Monday, May 7, 2012, as California Peace Officers' Memorial Day, urge all Californians to use that day to honor California peace officers, and recognize specified California peace officers who were killed in defense of their communities.