Sen. Richard Pan

This measure would designate that January 21, 2013, be observed as the official memorial of the late Dr. Martin Luther King, Jr.'s birth and commemorate Martin Luther King, Jr. Day and the work of Dr. Martin Luther King, Jr. and the Civil Rights Movement in changing public policy in California and in the United States of America. This measure would also recognize the anniversaries of the Emancipation Proclamation and the March on Washington in connection with the advancement of civil rights.

This resolution would recognize the month of January 2013, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2013, and each following February 1, as California's Free From Slavery Day.

Existing law authorizes any person, company, or other organization that complies with specified conditions to agree to pay money or other valuable consideration, on a per-affidavit basis or otherwise, to any person who assists another person to register to vote by receiving the completed affidavit of registration. This bill would prohibit any person, company, or other organization from agreeing to pay money or other valuable consideration on a per-affidavit basis to any person who assists another person to register to vote by receiving the completed affidavit of registration, would prohibit the receipt of this per-affidavit consideration, and would make conforming changes. Existing law requires an elections official to notify the payor of a person who assists others to register to vote if 3 or more affidavits submitted by the person assisting do not comply with specified provisions. This bill would provide that this notification is required when 3 or more affidavits submitted by the person assisting each reflects a violation of one or more of those provisions.

Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her first admission to that institution he or she has been fully immunized against various diseases, as specified. Existing law exempts a person from the above-described immunization requirement if the parent or guardian or other specified persons file with the governing authority a letter or affidavit stating that the immunization is contrary to his or her beliefs. This bill would instead require this letter or affidavit to document which required immunizations have been given and which have not been given on the basis that they are contrary to the parent or guardian's or other specified person's beliefs. The bill would require, on and after January 1, 2014, the letter or affidavit to be accompanied by a form prescribed by the State Department of Public Health that includes a signed attestation from a health care practitioner, as defined, that indicates that the health care practitioner provided the parent or guardian of the person, the adult who has assumed responsibility for the care and custody of the person, or the person, if an emancipated minor, who is subject to the immunization requirements with information regarding the benefits and risks of the immunization and the health risks of specified communicable diseases. The bill would require the form to include a written statement by the parent, guardian, other specified persons, or person, if an emancipated minor, that indicates that he or she received the information from the health care practitioner. By imposing new duties upon local officials, this bill would create 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, 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.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit against those taxes for taxable years beginning on or after January 1, 2011, in an amount equal to a specified percentage of the qualified expenditures, as defined, attributable to the production of a qualified motion picture in California, or, where the qualified motion picture has relocated to California or is an independent film, as provided. Existing law allows specified qualified taxpayers to elect to assign the credit, requires specified information from qualified taxpayers that apply for a tax credit allocation, and imposes specified duties on the California Film Commission related to the administration of the credits, including a requirement to allocate the tax credits until July 1, 2015, and limits the aggregate amount of credits that may be allocated to qualified motion pictures in any fiscal year to $100,000,000, through the 2014–15 fiscal year. Existing law additionally allows, in lieu of the credits under the Personal Income Tax Law and the Corporation Tax Law for qualified motion pictures, a credit against qualified state sales and use taxes, as provided. This bill, under the Personal Income Tax Law and the Corporation Tax Law, would impose additional duties on the California Film Commission related to the administration of the credits and would extend the requirement to allocate the tax credits 2 additional years, until July 1, 2017. This bill would also extend the limit on the aggregate amount of credits that may be allocated through the 2016–17 fiscal year. This bill would also require assigning qualified taxpayers to provide the Franchise Tax Board with specified information, would revise the information included in an application for a tax credit allocation, and require the Legislative Analyst's Office to prepare reports related to the effectiveness and administration of the qualified motion picture credit under the Sales and Use Tax Law, the Personal Income Tax Law, and the Corporation Tax Law. This bill would require the California Film Commission to annually post on its Internet Web site and make available for public release specified information, including a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the commission. The bill would authorize various state agencies to disclose specified taxpayer information for purposes of the Legislative Analyst's Office report, and would impose specified criminal penalties on the disclosure of that information. By expanding the crime of knowingly and wrongfully accessing, using, or disclosing specified information, 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. This bill would require the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. The bill would, except as specified, prohibit a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. The bill would require a licensee or registrant to meet certain renewal requirements within a specified time period after being discharged from active duty service prior to engaging in any activity requiring a license. The bill would require a licensee or registrant to notify the board of his or her discharge from active duty within a specified time period.

The Sherman Food, Drug, and Cosmetic Law regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. The law prohibits the sale, delivery, or giving away of any new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or a new drug application has been approved for it and that approval has not been withdrawn, terminated, or suspended under specified provisions of the Federal Food, Drug, and Cosmetic Act, or it is a new device for which a premarket approval application has been approved, and that approval has not been withdrawn, terminated, or suspended under the federal act. The Sherman Food, Drug, and Cosmetic Law requires the department to adopt regulations to establish the application form and set the fee for licensure and renewal of a drug or device license. This bill would revise the above-described prohibition to exempt a new biologic product for which a license has been issued under federal law. Existing law also requires the department to inspect the place of business of each licensed manufacturer of a drug or device in the state prior to issuance of the license and, thereafter, once every 2 years, unless the United States Food and Drug Administration inspected the place of business within the previous 2 years. This bill would, instead, require each place of business to submit to the department documentation that evidences ownership and that the place of business is operating pursuant to a valid biologics license, establishment registration, or approved investigational new drug or investigational device exemption issued by the United States Food and Drug Administration, as prescribed, or is in compliance with audits conducted pursuant to specified standards, prior to the department issuing the place of business a license. If the business does not provide this documentation, the bill would require the department to inspect the place of business prior to licensure. This bill would authorize the business to request an official copy of the valid license. Existing law authorizes any authorized agent of the department to enter and inspect specified locations, as prescribed, for purposes of enforcement of the Sherman Food, Drug, and Cosmetic Law. This bill would require, for any place of business where a drug or device is manufactured and its manufacturer has received a license, the department to make investigations or inspections only under specified circumstances, including when the department makes a determination that the health and safety of the public is at risk, notification has been sent by the United States Food and Drug Administration to the department requesting assistance regarding a specified recall action, or when the United States Food and Drug Administration has requested assistance for enforcement activities.

Existing law authorizes the results of a clinical laboratory test performed at the request of a health care professional to be conveyed to the patient in electronic form if requested by the patient and if deemed most appropriate by the health care professional, except that existing law prohibits the conveyance by Internet posting or other electronic means of test results relating to HIV antibodies, the presence of hepatitis antigens, and the abuse of drugs, and specified test results that reveal a malignancy. This bill would revise these provisions to refer to the disclosure of test results, would provide that the telephone is not a form of electronic communication, and would authorize the disclosure by Internet posting or other electronic means of clinical laboratory test results related to HIV antibodies, the presence of hepatitis antigens, and the abuse of drugs, and specified test results that reveal a malignancy if requested by the patient, the means of conveyance is deemed appropriate by the health care professional, and a health care professional has already discussed the results with the patient.

(1) Existing law creates the California Parent Locator Service and Central Registry, which is required to collect and disseminate specified information with respect to any parent, putative parent, spouse, or former spouse. Under existing law, the California Child Support Automation System, the California Parent Locator Service and Central Registry, and the Franchise Tax Board are authorized to receive that information from all state departments, boards, agencies, and bureaus. In addition, local child support agencies are entitled to receive that information from those state departments, boards, agencies, and bureaus. This bill would require all state departments, boards, agencies, bureaus, or other agencies of the state, or any of its political subdivisions, to provide information to county child welfare agencies and county probation departments for use in identifying, locating, and notifying the parents of children who are in juvenile court proceedings, as well as for use in establishing parent and child relationships and in assessing the appropriateness of placing the child with a noncustodial parent. By imposing new requirements on cities and counties, this bill would impose a state-mandated local program. (2) Under existing law, child and spousal support records are confidential, subject to certain exceptions. Existing law authorizes a public entity to disclose specified child and spousal support enforcement records for use in administrative, civil, and criminal investigations, actions, proceedings, and prosecutions for child and spousal support enforcement. Existing law authorizes a public entity to release an absent parent's social security number, most recent address, and place of employment to an authorized person, as defined, if the information has been provided to the California Parent Locator Service by the federal Parent Locator Service and the authorized person has filed a request for the information. This bill would authorize the release of a parent's name, social security number, most recent address, telephone number, place of employment, or other contact information to county child welfare agencies and county probation departments that administer federal programs for foster care and child and family services. The bill would require the State Department of Social Services and Department of Child Support Services to issue, by July 1, 2013, an all-county letter or similar instruction explaining that county child welfare agencies and probation departments are entitled to specified information contained in child and spousal support records. The bill would also require that the information exchange between the California Parent Locator Service or the California Child Support Automation System and the county child welfare agency be done through automated processes to the extent feasible. This bill would also make related findings and declarations. 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.