The federal Workforce Investment Act of 1998 provides for workforce investment activities, including activities in which states may participate. Existing law establishes the California Workforce Investment Board (CWIB) , and specifies that the CWIB is responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system. Existing law contains various programs for job training and employment investment, including work incentive programs, as specified, and establishes local workforce investment boards to perform various duties related to the implementation and coordination of local workforce investment activities. This bill would require local workforce investment boards to spend a certain percentage of available federal funds for adults and dislocated workers on workforce training programs in a manner consistent with federal law, as prescribed, and would allow the boards to leverage specified funds to meet the funding requirements, as specified. Existing law prescribes the duties of the CWIB with regard to the development and implementation of local workforce investment plans, as specified. This bill would require a local workforce investment board that does not meet the expenditure requirements described above to provide the Employment Development Department with a corrective action plan regarding those expenditures. Because the bill imposes new duties on local government workforce investment boards, 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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.
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(1) Existing law grants tidelands and submerged lands to the City of Pittsburg, subject to specified conditions, for purposes of commerce, navigation, and fisheries, and for other public trust purposes. The Kapiloff Land Bank Act creates the Land Bank Fund and continuously appropriates moneys in the fund, subject to a statutory trust, to the State Lands Commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust title settlements. This bill would repeal the existing codified legislative grant to the City of Pittsburg and would enact a new uncodified grant of tidelands and submerged lands, as described, to the City of Pittsburg. The bill would require the trust lands to be held by the City of Pittsburg, as trustee, for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including the protection of maritime or water dependent commerce, navigation, and fisheries, and the preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. The bill would require, on June 30, 2012, and at the end of every fiscal year thereafter, that 20% of all gross revenues generated from the trust lands be transmitted to the commission, for allocation by the Treasurer, of which 80% would be deposited in the General Fund and 20% in the Kapiloff Land Bank Fund, thereby making an appropriation. The bill would require the commission, by January 1, 2014, to survey, monument, and record a plat and a metes and bounds description of the trust lands subject to the bill. The bill would impose a state-mandated local program by requiring, among other things, that the City of Pittsburg submit to the commission for its approval a trust lands use plan, as prescribed. The bill would require the city to file a report with the commission by September 30, 2022, and every 5 years thereafter, on its uses of the trust lands, and to annually file a detailed statement of trust revenues and expenditures. (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 classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice, contingent upon the availability of adequate funds from various funds related to health care, as specified, to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe or dispense these controlled substances. Existing law defines a security printer as a person approved to produce controlled substance prescription forms. Existing law requires that prescription forms for controlled substance prescriptions be obtained from security printers approved by the Department of Justice. These provisions authorize the department to approve a security printer who provides specified information to the department, including the location, names, and titles of the applicant's agent for service of process, all principal corporate officers, if any, and all managing general partners, if any. Existing law also requires those persons to provide a signed statement indicating whether they have ever been convicted of, or pled no contest to, a violation of any law or ordinance. Existing law authorizes the department to revoke its approval of a security printer for a violation of these provisions or action that would permit a denial. This bill would expand those requirements imposed on an applicant for approval as a security printer to additionally require the applicant to provide the location, names, and titles of any individual owner, partner, corporate officer, manager, agent, representative, employee, or subcontractor of the applicant who has direct access to, or management or control of, controlled substance prescription forms and require those persons to submit the signed statement described above. The bill would also make conforming and related changes. In addition, the bill would require that controlled substance prescription forms provided in person be restricted to established customers. The bill would require security printers to obtain photo identification from the customer and maintain a log of the information, and to report any theft or loss of controlled substance prescription forms to the department via fax or e-mail within 24 hours of the incident. The bill would also require that controlled substance prescription forms be shipped only to the prescriber's address on file and verified with the federal Drug Enforcement Administration or the Medical Board of California. The bill would specify penalties for certain violations, including, among others, failure to comply with security printer guidelines, failure to take reasonable precautions to prevent any dishonest act or illegal activity related to the access and control of security prescription forms, and theft or fraudulent use of a prescriber's identity in order to obtain security prescription forms. By creating new crimes, this bill would impose a state-mandated local program. Existing law governs the prescription forms for controlled substances. Among other things, the forms are required to include the preprinted name, category of licensure, license number, and federal controlled substance registration number of the prescribing practitioner. This bill would also require the forms to include the address of the prescribing practitioner. The bill would make an additional change relating to forms ordered for use by prescribers when treating patients in licensed health care facilities or certain clinics that are exempt from other requirements governing these forms. The bill would provide that prescription forms that are not in compliance with these provisions shall not be accepted after July 1, 2012. The bill would establish a specified process by which a licensed health care practitioner or a pharmacist may obtain approval to access information stored on the Internet regarding the controlled substance history of a patient, as specified. The bill would require that the theft or loss of prescription forms be reported immediately to the department, as specified. The bill would also require the department to conduct audits of the CURES prescription drug monitoring system and authorize the department to establish a system for issuing citations, and for assessing and imposing administrative fines, not to exceed $2,500 for each violation, that would be deposited in the CURES Program Special Fund, for violations of the program, as specified. 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.
(1) Existing law prescribes certain standards for a transit bus operated by a motor carrier, whether the motor carrier is a private company or a public agency, that provides public transportation services. A violation of these provisions is a crime. This bill would additionally require that the transit bus be equipped with a speedometer that is maintained in good working order. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law authorizes a local authority, by ordinance or resolution, to prohibit the parking or standing of a vehicle displaying a distinguishing placard or special license plate in a disabled person's parking stall or space on streets or highways or in a disabled person's parking stall or space in a privately or publicly owned or operated offstreet parking facility under specified conditions. This bill would instead authorize a local authority, by ordinance or resolution, to prohibit the parking or standing of those vehicles on streets or highways or in any parking stall or space in a privately or publicly owned or operated offstreet parking facility under those conditions. (3) Existing law authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found or operated upon a highway, public land, or an offstreet parking facility under specified conditions. Existing law requires the release of those removed vehicles to the owner or person in control of the vehicle only after the owner or person in control provides the storing law enforcement agency with proof of current registration and a currently valid driver's license to operate the vehicle. This bill would additionally require the release of the vehicle to the legal owner or the legal owner's agent, without the payment of fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle is being repossessed and transported to a storage facility of a repossessor, and from that facility to the legal owner or a licensed motor vehicle auction. The bill in this case would require the legal owner of the vehicle to do certain things before the vehicle would be released to him or her, including completing an affidavit that states that the vehicle was not in possession of the legal owner at the time of the occurrence of an offense relating to standing or parking. The bill would provide that the impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of any parking penalties, and a deficiency claim against the registered owner for the full amount of any parking penalties. Because a failure to release the vehicle as provided is a crime, this bill would impose a state-mandated local program. (4) Existing law requires the clerk of the court to collect a fee from a person ordered or permitted by the court to attend a traffic violator school and authorizes the clerk to accept a payment of at least 10% of a specified amount upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. This bill would recast the above provision and repeal a similar provision in the Vehicle Code that would have become operative on July 1, 2011. (5) Existing law authorizes a peace officer to remove and seize a vehicle under specified circumstances if the peace officer determines that the person operating the vehicle has been convicted of driving under the influence in the preceding 10 years. Existing law authorizes the impounding agency to release the vehicle seized to the legal owner of the vehicle or the legal owner's agent before the end of the impoundment period under specified conditions. Existing law prohibits the legal owner or the legal owner's agent from releasing or relinquishing the vehicle to the registered owner or the registered owner's agent unless specified conditions are met. A violation of this prohibition is an infraction. This bill would, instead, provide that a legal owner who knowingly violates the above prohibition is guilty of a misdemeanor and subject to a fine of $2,000. By making the violation a misdemeanor this bill would impose a state-mandated local program. (6) Existing law creates the State Transit Assistance Program. Under that program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. Existing law suspends those restrictions with respect to allocations for operating purposes made to those transit operators after January 1, 2010, through the 2011–12 fiscal year. This bill would extend the suspension of those restrictions through the 2014–15 fiscal year. (7) This bill would incorporate additional changes in Section 22651 of the Vehicle Code proposed by AB 1298, to be operative only if AB 1298 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (8) 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 designate the month of September of every year as Ovarian Cancer Awareness Month throughout the State of California, and would encourage and promote efforts to educate the people and the health care practitioners of the state regarding ovarian cancer and its early detection and prevention, the risk factors involved in its development, and the early warning symptoms and signs.
Existing law establishes the Prison Industry Authority and authorizes it to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law provides that all things authorized to be produced by the authority shall be purchased by the state, and may be purchased by local governments, to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. Under existing law, it is unlawful for any person to sell, expose for sale, or offer for sale, any article manufactured by prison labor, except articles the sale of which is specifically sanctioned by law. This bill would provide that all products and services provided by the authority may be offered for sale to a tax-exempt nonprofit organization, provided that the products and services are provided to public school students at no cost and the nonprofit organization has entered into a memorandum of understanding with a local education agency, as defined.
Existing law requires the Department of Transportation to designate a state highway segment as a Safety Enhancement-Double Fine Zone if specified conditions are met, including that the governing board of the city or county in which the segment is located has by resolution indicated that it supports the designation. This bill would, notwithstanding these requirements and until January 1, 2017, provide for the designation of the segment of county highway known as Vasco Road, between the State Highway Route 580 junction in Alameda County and the Walnut Boulevard intersection in Contra Costa County, as a Safety Enhancement-Double Fine Zone upon the approval of the boards of supervisors of Alameda County and Contra Costa County. The bill would also impose specified duties on the local governing bodies regarding that double fine zone, including to prepare, in consultation with the department, a report to be submitted to the Legislature on the effectiveness of the zone.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a health care service plan or health insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. Existing law requires a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance specified rate information at least 60 days prior to the effective date of any rate change. This bill would further require a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance, on and after January 1, 2012, a complete rate application for any proposed rate, as defined, or rate change, and would prohibit the Department of Managed Health Care or the Department of Insurance from approving any rate or rate change that is found to be excessive, inadequate, or unfairly discriminatory. The bill would require the rate application to include certain rate information. The bill would authorize the Department of Managed Health Care or the Department of Insurance to approve, deny, or modify any proposed rate or rate change, and would authorize the Department of Managed Health Care and the Department of Insurance to review any rate or rate change that went into effect between January 1, 2011, and January 1, 2012, and to order refunds, subject to these provisions. The bill would authorize the imposition of fees on health care service plans and health insurers for purposes of implementation, for deposit into newly created funds, subject to appropriation. The bill would impose civil penalties on a health care service plan or health insurer, and subject a health care service plan to discipline, for a violation of these provisions, as specified. The bill would establish proceedings for the review of any action taken under those provisions related to rate applications and would require the Department of Managed Health Care and the Department of Insurance, and plans and insurers, to disclose specified information on the Internet pertaining to rate applications and those proceedings. The bill would require the Department of Managed Health Care or the Department of Insurance, or the court, to award reasonable advocate's fees, including expert witness fees, and other reasonable costs in those proceedings under specified circumstances, to be paid by the plan or insurer. Because a willful violation of these provisions by a health care service plan would be a crime, the 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, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the procedures for incorporations and changes of organizations of cities, including procedures for disincorporation. This bill would provide that every city with a population of less than 150 people as of January 1, 2010, would be disincorporated into that city's respective county as of 91 days after the effective date of the bill, unless a county board of supervisors determines, by majority vote within the 90-day period following enactment of these provisions, that continuing such a city within that county's boundaries would serve a public purpose if the board of supervisors determines that the city is in an isolated rural location that makes it impractical for the residents of the community to organize in another form of local governance. The bill would also require the local agency formation commission within the county to oversee the terms and conditions of the disincorporation of the city, as specified. The bill would become operative only if AB 781 of the 2011–12 Regular Session is enacted.
Existing law creates the High-Speed Rail Authority in state government with specified powers and duties relative to development and implementation of a high-speed train system. The authority is composed of 9 members, including 5 members appointed by the Governor. Existing law creates the Business, Transportation and Housing Agency, which consists of various state agencies, including the Department of Transportation. This bill would place the High-Speed Rail Authority within the Business, Transportation and Housing Agency. The bill would provide for the Secretary of Business, Transportation and Housing to serve on the authority as a nonvoting, ex officio member. The bill would require the secretary to propose an annual budget for the authority upon consultation with the authority. The bill would require the members of the authority appointed by the Governor to be appointed with the advice and consent of the Senate. The bill would provide for the members that are appointed to have specified background or experience, as specified. Existing law provides that the terms of authority members expire every 4 years on December 31. This bill would vacate the membership of the authority and provide for the appointment or reappointment of members as of January 1, 2012, for staggered terms, as specified. This bill would thereafter provide that the terms expire every 4 years on December 31. Existing law provides for the authority to appoint an executive director to serve at the pleasure of the authority and who is exempt from civil service. This bill would provide that the executive director is subject to appointment with the advice and consent of the Senate. The bill would provide that an employment agreement for the executive director shall be agreed to but not executed until Senate confirmation. This bill would enact various conflict-of-interest provisions applicable to members of the authority and its staff, as specified, and would prohibit a person from serving on the authority in certain circumstances. This bill would enact other related provisions.