Sen. Leland Yee

This resolution would designate March 13 through March 19, 2011, as Sunshine Week.

This measure would recognize the Lunar New Year 4709 Celebration.

The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law, until January 1, 2011, authorizes the City and County of San Francisco, as a pilot project, to develop and implement an individualized county child care subsidy plan, and provides for the repeal of those provisions on January 1, 2013. This bill would authorize the City and County of San Francisco to implement an individualized county child care subsidy plan until June 30, 2016, and would require the city and county to phase out the plan by January 1, 2018. The bill would require the city and county to demonstrate an increase in the aggregate earned child days of enrollment by the end of the first fiscal year of operation under the child care subsidy plan submitted to and approved by the Child Development Division of the department after January 1, 2010. The bill would require the city and county, on or before December 31, 2016, to submit a final report to the Legislature and other specified entities that summarizes the impact of the plan. The bill would repeal those provisions on January 1, 2018.

Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , enacts various health care coverage market reforms. With respect to plan years beginning on and after September 23, 2010, the act requires health insurance issuers to provide coverage, and not impose cost-sharing requirements, for certain preventive health services. PPACA also requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers, as specified. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation of health care service plans by the Department of Managed Health Care and makes a violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requests the University of California to establish the California Health Benefits Review Program to assess legislation proposing to mandate a benefit or service and legislation proposing to repeal a mandated benefit or service, as specified. This bill would require certain health care service plan contracts and health insurance policies issued, amended, renewed, or delivered on or after September 23, 2010, to provide coverage, and not impose cost-sharing requirements, for certain preventive health services consistent with federal law. The bill would also require certain health care service plan contracts and health insurance policies issued, amended, renewed, or delivered on or after January 1, 2011, to provide coverage for tobacco cessation treatment that includes specified courses of treatment and medication. The bill would request the University of California, as part of the California Health Benefits Review Program, to prepare a report regarding any state savings as a result of this coverage requirement. The bill would make the coverage requirement inoperative upon a determination that it will result in the state assuming additional costs, as specified. Because a willful violation of the bill's provisions relative to health care service plans 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 provides that the State Board of Education must adopt regulations to govern the social content reviews, as specified, conducted at the request of a publisher or manufacturer of instructional materials outside the primary and followup instructional material adoption processes. This provision remains in effect only until January 1, 2011, and as of that date is repealed. This bill would require the state board to inform the Chairperson of the Assembly Committee on Education, the Chairperson of the Senate Committee on Education, and the Secretary for Education of content that it interprets to be the result of certain changes made to the Texas Administrative Code. The bill would repeal this provision on January 1, 2016. The bill would also require the state board, upon the next adoption of the history-social science curriculum framework, to ensure that the framework is consistent with specified standards governing instructional materials.

Existing law, subject to exceptions, provides that any person who reasonably believes that he or she has observed the commission of a murder, rape, or lewd and lascivious act committed by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, where the victim of any of these crimes is under 14 years of age, shall notify a peace officer. Violation of these provisions is a misdemeanor punishable by a fine not exceeding $1,500 or incarceration not exceeding 6 months in a county jail, or both the fine and incarceration. This bill would expand those provisions to apply when the victim of the offense observed is under 18 years of age, and would specify that this obligation to report crimes to a peace officer applies to sodomy, oral copulation, and sexual penetration, as specified, where those crimes are accomplished by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, and rape in concert. The bill would provide additional exceptions to the reporting requirement for domestic partners, for children under 12 years of age, and for victims of the offenses that are subject to reporting. The bill would provide that a violation of these reporting obligations may also be punished as an infraction by a fine of $250. By expanding the scope of an existing crime, 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 provisions of the California Constitution provide that the University of California constitutes a public trust and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. These provisions require that corporation to have all powers necessary or convenient for the effective administration of its trust. This measure would repeal on January 1, 2011, the constitutional provisions relating to the university and the regents and would require the university and the regents to be continued in existence subject to legislative control as may be provided by statute. The measure would require the Legislature to enact legislation to implement these provisions, but would prohibit the Legislature from enacting any law that restrains academic freedom, as defined, or imposes educational or curricular requirements on students enrolled at the University of California.

This measure would express the California Legislature's strong support for Irish reunification by all peaceful means and would urge the California Congressional delegation to support the final reunification of the island of Ireland by all electoral and diplomatic means necessary.

Existing law, the Pharmacy Law, regulates prescribers, as defined, and the dispensing of drugs. Existing law prohibits a prescriber from dispensing drugs or dangerous devices to patients in his or her office unless certain requirements are met. Existing law also authorizes prescribers to furnish a limited quantity of samples if (1) the samples are dispensed in the manufacturer's package, (2) there is no charge to the patient, and (3) an appropriate record is entered in the patient's chart. A knowing violation of the Pharmacy Law is a crime. This bill would require a prescriber dispensing a drug sample or a starter kit to either (1) provide the patient with a copy of the FDA-approved package insert for the drug sample or starter kit or (2) ensure that the manufacturer's warnings are affixed to the package containing the drug sample or starter kit. Because this bill would impose a new requirement under the Pharmacy Law, the knowing violation of which would be a crime, 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 is required by this act for a specified reason.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law provides that, unless certain determinations are made by the commission about the impact of federal action, the commission has no jurisdiction or control over classified telephone directories (commonly known as yellow pages) or commercial advertising included as part of a telephone corporation's alphabetical telephone directories (commonly known as white pages) . Existing law requires the commission to require all telephone corporations that are local exchange carriers to include in their telephone directory information concerning emergency situations that may affect the telephone network. This bill would require a telephone corporation or one of its affiliates to allow any telephone service subscriber to opt out of receiving a telephone directory published by a telephone corporation. The bill would prohibit telephone corporations from delivering directories to subscribers who opt out of receiving a directory and require that a directory contain clear and conspicuous language regarding opting out of receiving future directories and recycling of the directory. The bill would require each 3rd-party vendor, as defined, as a contractual condition for receiving telephone subscriber information from the telephone corporation that is to be incorporated into a telephone directory, to allow any telephone service customer to opt out of receiving a telephone directory published by the 3rd-party vendor, to not deliver directories to subscribers who opt out of receiving a directory, and to include clear and conspicuous language on the front cover of the directory regarding opting out of receiving future directories and recycling of the directory.