This measure would call on the United States Congress to pass the Violence Against Women Reauthorization Act of 2011, Senate Bill No. 1925, authored by Senators Leahy and Crapo, and ensure the sustainability of vital programs designed to keep women and families safe from violence and abuse.
Existing law authorizes a procedure for the state to pay claims against the state. This bill would appropriate funds in prescribed amounts for the payment of certain claims against the state. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law bars a suit for money or damages against a public entity on a cause of action for which a claim is required to be presented, until a written claim has been presented to the public entity and acted upon by the California Victim Compensation and Government Claims Board, the governing body of a local public entity, the Judicial Council, or the Trustees of the California State University, as applicable, or has been deemed to have been rejected, except as specified. Existing law provides that no interest is payable on the amount allowed by the public entity on the claim if payment of the claim is subject to approval of an appropriation by the Legislature. However, if the appropriation is made, interest on the amount appropriated for the payment of the claim commences to accrue 30 days after the effective date of the law by which the appropriation is enacted. Interest on the amount allowed on the claim, if payment of the claim is not subject to approval of an appropriation by the Legislature, commences to accrue 30 days after the claimant accepts in writing the amount allowed on the claim in settlement of the entire claim. Existing law provides that interest accrues at the rate provided for judgments until paid. Existing law permits these terms to be varied upon written agreement of the public entity and the claimant. This bill, instead, would provide that no interest is payable on the amount allowed by the California Victim Compensation and Government Claims Board on the claim if payment of the claim is subject to approval of an appropriation by the Legislature. However, if an appropriation is made for the payment of a claim, interest would commence to accrue on the amount appropriated for the payment of the claim 180 days after the effective date of the act by which the appropriation is made. The bill would delete the above-described provisions requiring the accrual of interest on the amount appropriated for the payment of a claim and on a claim that is not subject to approval of an appropriation by the Legislature, setting the rate of interest, and authorizing these terms to be varied by written agreement. (2) Under existing law, if there is no sufficient appropriation for the payment of claims, settlements, or judgments against the state arising from an action in which the state is represented by the Attorney General, the Attorney General is required to report the claims, settlements, and judgments to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Budget, who shall cause to be introduced legislation appropriating funds for the payment of the claims, settlements, or judgments. This bill would require that report to be made to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations. The bill would make other conforming changes. (3) The California Constitution requires the Legislature to set the rate of interest upon a judgment rendered in any court of this state at not more than 10% per annum. Existing law provides that interest accrues at the rate of 10% per annum on the principal amount of a money judgment remaining unsatisfied. Under existing law, this provision does not apply to a judgment for the payment of money against the state. In the absence of the setting of such a rate by the Legislature, the California Constitution provides that the rate of interest on any judgment rendered in a court is 7% per annum. This bill would provide that interest shall commence to accrue on the amount of a judgment or settlement for the payment of money against the state 180 days from the date of the final judgment or settlement. (4) This bill would declare that it is to take effect immediately as an urgency statute.
This measure would urge the Congress of the United States and the President to amend the United States Internal Revenue Code to allow all retirees who have contributed to a qualified retirement plan the option to treat funds from those plans used to pay medical and long-term care premiums as tax-free rollovers. This measure would also urge the Congress of the United States and the President to create parity among all workers by presenting qualified retirement plan participants with the same option given to public safety members under the Pension Protection Act of 2006.
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.
Existing law makes it a public offense, punishable by a fine not exceeding $10,000 or imprisonment, or both, for a person to perform or assist in performing a surgical abortion if the person does not have a valid license to practice as a physician and surgeon, or to assist in performing a surgical abortion without a valid license or certificate obtained in accordance with some other provision of law that authorizes him or her to perform the functions necessary to assist in performing a surgical abortion. Existing law also makes it a public offense, punishable by a fine not exceeding $10,000 or imprisonment, or both, for a person to perform or assist in performing a nonsurgical abortion if the person does not have a valid license to practice as a physician and surgeon or does not have a valid license or certificate obtained in accordance with some other provision of law authorizing him or her to perform or assist in performing the functions necessary for a nonsurgical abortion. Under existing law, nonsurgical abortion includes termination of pregnancy through the use of pharmacological agents. Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses, including nurse practitioners and certified nurse-midwives, by the Board of Registered Nursing. Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Committee of the Medical Board of California. Existing law authorizes the Office of Statewide Health Planning and Development to designate experimental health workforce projects as approved projects that, among other things, teach new skills to existing categories of health care personnel. The office has designated a pilot project, known as the Access through Primary Care Project, relating to the provision of health care services involving pregnancy. This bill would authorize a nurse practitioner, certified nurse-midwife, or physician assistant who has completed training through the pilot project described above on or before January 1, 2013, to continue, outside of that pilot project, to perform abortions by aspiration techniques.
This measure would resolve that the Legislature is proud to join the Girl Scouts of the USA in recognizing their 100th anniversary.
Existing law creates the State Department of Public Health and requires it to carry out various duties related to public health programs. Existing law creates the State Department of Health Care Services and requires it to carry out various duties related to health purchasing programs. This bill would require, no later than January 1, 2015, the State Department of Public Health and the State Department of Health Care Services to collaborate with the Regents of the University of California, to include specified information related to gender into the California Health Interview Survey. This bill would require, no later than January 1, 2015, the State Department of Public Health and the State Department of Health Care Services to collaborate with the California state coordinator for the Behavioral Risk Factor Surveillance System to include specified information related to gender into the system.
Existing law provides for licensing and regulation of various healing arts professions and generally requires licensees to complete continuing education courses in order to remain eligible to renew their licenses or certifications. Existing law imposes various training requirements for certified nurse assistants regulated by the State Department of Public Health. This bill would require physicians and surgeons, physician assistants, registered nurses, licensed vocational nurses, nurse practitioners, psychologists, marriage and family therapists, licensed clinical social workers, psychiatric technicians, and certified nurse assistants to complete at least one course of 2 to 5 hours in duration that provides instruction on cultural competency, sensitivity, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender persons, as specified, with certain exceptions. The bill would generally require the applicable licensing or certifying entity to enforce these requirements, with certain exceptions. The new requirements would become effective on January 1, 2013.
