Sen. Jim Nielsen

This resolution would recognize the month of January 2012, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2012, and each following February 1, as California's Free From Slavery Day.

The Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law also, until July 1, 2011, imposes an additional tax equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to the vehicle license fee, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. Existing law provides that money in the account shall be allocated for various public safety programs, as provided. This bill would, beginning July 1, 2011, and each July 1 thereafter for a transfer $500,000,000 from the General Fund to the account total of 5 years, as provided. By transferring funds to a continuously appropriated fund, this bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would appropriate the sum of $7,300,000 from the General Fund to the Department of Veterans Affairs to provide for specified veterans' services.

The Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law, operative until June 30, 2011, also imposes an additional tax to the vehicle license fee equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. This bill would appropriate $506,400,000 from the General Fund to be deposited in the Local Safety and Protection Account, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Existing law specifies the measure of damages available for wrongful injuries to timber, trees, or underwood upon the land of another person, or removal of that wood, and for any trespass committed while acting in reliance upon a survey that improperly fixes the location of a boundary line. This bill would provide that damage caused by an escaping fire, other than an arson fire, shall not be deemed a trespass for purposes of these provisions. The bill would provide that the amount of monetary damages recoverable by any person, including a governmental entity, for fire escaping to the land of another, other than arson, shall be limited to the fair market value of the land and timber affected by the fire in its prefire condition, less the fair market value of the land and timber in its postfire condition. The bill would provide that non-fee-based public benefit use, land conservation management activity, and timber operations conducted in compliance with all laws and regulations pertaining or related to fire safety shall not be deemed a foreseeable risk in the context of any damage related to fire or its escape onto the property of another. Existing law provides that any person who cuts down or carries off any wood, underwood, tree, or timber, or girdles or otherwise injures any tree or timber without lawful authority, as specified, is liable for treble the amount of damages that may be assessed therefor in a civil action. This bill would provide that this provision shall not apply to damages caused by any wildfire, other than an arson fire. Existing law provides that any person who personally or through another willfully, negligently, or in violation of law sets fire to, allows fire to be set to, or allows a fire kindled or attended by him or her to escape to the property of another is liable to the owner of that property for any damages to the property caused by the fire. This bill would apply to a person who negligently, or in violation of law, commits any of the acts described above, instead of a person who personally or through another willfully or negligently commits any of those acts. The bill would require an action for damages under this provision to be brought within 3 years of the date of official extinguishment of the fire. The bill would require a public entity to give notice within 90 days of the official extinguishment of a fire to any person it has probable cause to believe may be liable for damages caused by the fire so that the entity may bring a civil action to recover those damages. By increasing the duties of local fire protection agencies, this bill would impose a state-mandated local program. Under existing law, if a fire originates from the operation or use of an engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device that may kindle a fire, the occurrence of the fire is prima facie evidence of negligence in the maintenance, operation, or use of that engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or other device. If the fire escapes from the place where it originated and it can be determined which person's negligence caused the fire, that person is guilty of a misdemeanor. This bill, instead, would provide, if a fire originates from the operation or use of an engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device that may kindle a fire, and that fire escapes from the place where it originated, and it is proven that a person's negligence proximately caused that fire, that person is guilty of a misdemeanor and may be held civilly liable for his or her negligence. 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 requires a county elections official to maintain a voter registration index based upon the valid affidavits of registration for voters within the county. Existing law requires each county elections official to send to the Secretary of State, in a format described by the Secretary of State, a summary statement of the number of voters in the county, as specified. This bill would require a state agency, upon the request of the Secretary of State, to share with the Secretary of State information the agency is required to generate that will assist the Secretary of State in maintaining accurate lists of registered voters.

Existing law requires a health care service plan, that is not a health maintenance organization or is not a plan that enters exclusively into specialized health care service plan contracts, and a health insurer issuing policies on a groupwide basis, to offer acupuncture coverage under those terms and conditions as may be agreed upon by the parties. Existing law provides that a plan or insurer is not required to offer "that Coverage as" part of a contract or policy covering public employees. A willful violation of the laws regulating health care service plans is a crime. This bill would instead require every health care service plan, except a plan that enters exclusively into contracts that are accident-only, specified disease, hospital indemnity, Medicare supplement, or specialized health care service plan contracts, and every health insurer issuing policies on a groupwide basis, except for policies that are accident-only, specified disease, hospital indemnity, Medicare supplement, or specialized health insurance policies, to provide acupuncture coverage under those terms and conditions as may be agreed upon by the parties. Because a violation of this bill's requirements with respect to a health care service plan would be a crime, this bill would impose a state-mandated local program by creating a new crime. Existing law authorizing a disability insurance policy to provide payment for acupuncture services requires that the disability insurance policy or contract expressly include acupuncture as a benefit in order for a licensed or certified acupuncturist to be paid or reimbursed under the policy for his or her services. This bill would delete the requirement conditioning the payment and reimbursement of a certified or licensed acupuncturist, for his or her services, on the express inclusion of acupuncture as a benefit in a disability insurance policy or contract. This bill would also make technical and conforming changes. 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 generally provides for the release of inmates from prison on parole. Existing law requires, in the case of any inmate sentenced pursuant to any provision of law other than specified provisions of law providing for determinate sentences, that a panel of 2 or more commissioners or deputy commissioners of the Board of Parole Hearings meet with an inmate one year prior to the inmate's minimum eligible parole release date to set a parole release date. Existing law requires the panel, or the board if sitting en banc, to set a release date at the meeting unless it determines that the gravity of the current convicted offense or offenses, or that the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. This bill would instead require the panel or board to deny parole for this class of inmate unless the inmate proves that the gravity of the current convicted offense or offenses, or that the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety does not require a more lengthy period of incarceration, and that a parole date can be fixed at the meeting. The bill would also make a related technical, nonsubstantive change. The bill would authorize the board to base its decision to deny parole solely upon the circumstances of the current convicted offense or offenses or the inmate's past criminal history, and would require the board to give greater weight and consideration to those factors than those of institutional behavior or psychiatric evaluations in determining whether the inmate has proven that he or she does not pose an unreasonable risk of danger to society if released from prison. The bill would provide that the facts of the commitment offense or offenses alone may support the ultimate conclusion that the inmate has not proven that he or she does not pose an unreasonable risk to public safety if released on parole. This bill would declare that it is to take effect immediately as an urgency statute.

This bill would urge the United States Patent and Trademark Office to place a satellite office in California.