Sen. Jim Nielsen

This measure would proclaim the month of May to be Women Veterans Recognition Month.

Existing law adopts and authorizes specified projects in areas within the City of Sacramento and the Counties of Sacramento and Sutter at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Reclamation Board. This bill would make technical, nonsubstantive changes to those provisions.

Under existing law, the Secretary of the Department of Corrections and Rehabilitation is authorized to charge a fee in the amount of $5 for each inmate-initiated medical visit of an inmate confined in the state prison. Existing law authorizes the medical provider to waive the fee, requires the medical provider to waive the fee in any life-threatening or emergency situation, as defined, exempts followup medical visits from the fee, and requires all moneys received pursuant to this provision to, upon appropriation by the Legislature, be expended to reimburse the department for direct provision of inmate health care services. This bill would instead require that the above fee be charged and additionally require the Secretary to charge a $5 fee for each inmate-initiated dental visit. The bill would require that these fees be adjusted annually for inflation, as specified. The bill would provide for the fees to be charged even if the inmate has insufficient funds in his or her personal account to cover the fees, would require that any amounts owing be paid before spending on other items is permitted, except as specified, and would provide for the inmate to be billed for any balance owing, with payment due 6 months after release. The bill would require that followup medical or dental visits at the direction of the medical or dental staff be charged in an amount equal to 25% of the initial fee charged. The bill would require the dental provider to waive the fee in any life-threatening or emergency situation.

Existing law provides that no handgun ammunition vendor, as defined, shall sell, offer for sale, or display for sale, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the vendor or employee thereof. This bill would repeal those provisions. Existing law requires, subject to exceptions, commencing February 1, 2011, that handgun ammunition vendors obtain a thumbprint and other information from ammunition purchasers, as specified. Existing law provides, subject to exceptions, that commencing February 1, 2011, the delivery or transfer of ownership of handgun ammunition may only occur in a face-to-face transaction, with the deliverer or transferor being provided bona fide evidence of identity of the purchaser or other transferee. Violations of any of the above provisions are misdemeanors, some with specified penalties. This bill would repeal those provisions.

Existing law establishes the offense of residential trespass, which is punishable as a misdemeanor with specified penalties. Existing law also makes it a misdemeanor with specified penalties for anyone to willfully resist, delay, or obstruct any public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of his or her office or employment, as specified. This bill would make it an offense to commit a residential trespass in an effort to evade or flee from a public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of his or her office or employment. The bill would provide that this offense would be punishable by imprisonment in a county jail not exceeding one year, or in state prison for 16 months, 2, or 3 years. By creating a new offense, 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.

Existing law establishes participation goals for certain state contracts with minority business enterprises, women business enterprises, and disabled veteran business enterprises. These provisions, with respect to minority and women business enterprises, were held unconstitutional on the basis of not meeting equal protection requirements. The bill would also revise the requirements imposed on disabled veteran business enterprises to, among other changes, require a disabled veteran to have at least a 10% service-connected disability and require a disabled veteran business enterprise to submit specified income tax information to the Office of Small Business and Disabled Veteran Business Enterprise Services. Existing law further requires an awarding state department for contracts for materials, supplies, or equipment to accept the submission by a bidder of a minority, women, or disabled veteran business enterprise utilization plan that has been approved prior to the solicitation due date by the Department of General Services in accordance with certain criteria. This bill would revise the minimum criteria for a business utilization plan to be approved by the Department of General Services, as specified. The bill would also expand the types of contracts to which these provisions apply to include contracts for commodities, property, goods, professional services, construction work, or equipment, including information technology goods and services.

(1) Existing law classifies controlled substances into 5 schedules, with the most restrictive limitations placed on controlled substances classified in Schedule I, and the least restrictive limitations placed on controlled substances classified in Schedule V. A controlled substance in any of the schedules may be possessed or dispensed only upon a lawful prescription, as specified. Existing law does not classify ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine within any of these 5 schedules, but provides that it is a crime, punishable as specified, for a person in this state who engages in specified transactions involving those drugs to fail to submit a report to the Department of Justice of all of those transactions, or to fail to submit an application to, and obtain a permit for the conduct of that business from, the Department of Justice, as specified. Existing law prohibits the sale of more than 3 packages or 9 grams of a nonprescription product containing ephedrine or the other drugs, as specified. This bill would instead provide that it is a misdemeanor, punishable as specified, for any retail distributor, except pursuant to a valid prescription from a licensed practitioner with prescriptive authority, to sell or distribute to a person specified amounts of nonprescription products containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine within specified time limits, to sell or distribute any of those substances to a person whose information has generated an alert, or, except under specified conditions, to sell or distribute to any purchaser a nonprescription product containing any amount of those substances. The bill would contain provisions requiring the secure storage of products containing any amount of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and providing for the creation of an electronic authorization and monitoring system for the collection of, access to, and sharing of information regarding these transactions, as specified. The bill would provide that the information in the system may not be used for any purpose other than to meet the requirements of, or comply with, this act or a certain federal act, as specified. The bill would specify legislative findings, declarations, and intent. The bill's provisions would remain in effect only until January 1, 2017. By creating a new crime, this bill would impose a state-mandated local program. (2) 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, imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, for the first 10 taxable years of a corporation, limited partnership, limited liability partnership, and limited liability company that is a small business, as defined, and that first commences business operations on or after January 1, 2011, and before January 1, 2016, reduce that minimum tax, as provided. This bill would take effect immediately as a tax levy.

The State Assistance for Fire Equipment Act authorizes the Secretary of Emergency Management to acquire specified firefighting apparatus and equipment for resale to a local agency, as defined, that provides fire suppression services or a fire company. Existing law also establishes the State Assistance for Fire Equipment Account, a continuously appropriated fund, for purposes of the act. Existing law requires the secretary to consult with a specified committee before adopting regulations implementing the act. This bill would annually appropriate $45,600,000 of revenue received by the state from the accessing of oil and gas reserves located beneath state coastal waters, generally known as the "T-Ridge Project," for firefighting purposes, including, but not limited to, the purchase of firefighting and rescue vehicles and equipment, vegetation management and defensible space projects, and specified training courses and materials, thereby making an appropriation. This bill would also require the secretary to consult with additional specified individuals involved in firefighting before adopting certain regulations.

Existing law regulates the garment manufacturing industry and defines "garment manufacturing" to mean sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual for sale or resale by any person contracting to have those operations performed. This bill would specify that silkscreening and embroidering are not included within the definition of garment manufacturing.