Existing law, the Uniform Anatomical Gift Act, regulates the making of anatomical gifts and the disposition of donated bodies and body parts. Existing law authorizes the creation of a nonprofit entity designated as the California Organ and Tissue Donor Registrar, which is required to establish and maintain the California Organ and Tissue Donor Registry. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver's license or a renewal of a driver's license or the issuance of an identification card, to provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the California Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Organ and Tissue Donor Registrar, and including a donor dot that may be affixed to the new driver's license or identification card. Existing law also provides that a person who applies for an original or renewal driver's license or identification card may designate a voluntary contribution of $2 for the purpose of promoting and supporting organ and tissue donation. Existing law authorizes the department to use these contributions to cover its actual administrative costs incurred pursuant to this organ and tissue donor registration program. This bill would authorize the department to use not more than $300,000 of the contributions collected under these mail in enrollment registration provisions per year to cover its related actual administrative costs. This bill would also require the department to add a graphic hyperlink to the confirmation page of vehicle registrations processed online in order to provide the option for drivers to connect to the state-authorized Donate Life California online California Organ and Tissue Donor Registry and would authorize a person, upon renewal of a vehicle registration online to designate a voluntary contribution, as specified, to the registry for the purpose of promoting and supporting organ and tissue donation.
Sponsored bills
(1) Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill would exempt a gasoline dispensing facility that does not meet these requirements from penalties for failing to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act. CEQA provides for various exemptions from its requirements. Existing law requires cities and counties to prepare, adopt, and amend general plans containing specified elements. This bill would exempt from CEQA any activity or approval, necessary or incidental to, the development, planning, design, site acquisition, subdivision, financing, leasing, construction, operation, or maintenance of a stadium complex and associated development included in the same project or approval together with any accessory roadway, utility, or other infrastructure improvement to that stadium complex and associated development, for which an application for the project or approval was submitted on or before January 31, 2009, to the City of Industry, if specified requirements are met. The bill would require the city to require the stadium complex and associated development to comply with those mitigation measures that are contained in a mitigation monitoring and reporting program that is adopted by the City of Industry in connection with the stadium complex and associated development. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program. The bill also would exempt from any legal requirement concerning the content of a general plan or consistency with a general plan, and prohibit those requirements from resulting in the invalidation of, the city's approval of, and decisions regarding, specified actions taken with respect to the stadium complex and associated development included in the same project or approval and any accessory improvements to that stadium complex and associated development. The bill additionally would provide that a consistency determination is not required by the city for any decision with respect to those actions. (2) The bill would have retroactive application. (3) 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. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
Existing law generally regulates fertilizing materials, as defined, and provides for the licensure of individuals who manufacture or distribute fertilizing materials. This bill would include organic input material, as defined, within the definition of fertilizing material. Existing law provides that there is in the Department of Food and Agriculture a Fertilizer Inspection Advisory Board consisting of 9 persons appointed by the Secretary of Food and Agriculture and composed as specified and with specified functions. This bill would require the secretary, by January 1, 2012, and in consultation with the board, to review certain issues relating to organic input materials and to post the review in a report on the department's Internet Web site. Existing law requires every person who manufactures or distributes fertilizing materials, before engaging in that activity, to obtain a license from the secretary for each plant and business location that he or she operates. Existing law requires a license fee not to exceed $200, and authorizes the secretary to reduce the license fee, as provided. This bill would require the secretary, prior to issuing a license, to require verification that the applicant is a manufacturer or distributor of fertilizing material. The bill would increase the license fee to an amount not to exceed $300. By increasing the amount of fee revenue to be deposited into a continuously appropriated fund, the Department of Food and Agriculture Fund, from certain license applicants, this bill would make an appropriation. Existing law requires the registration of each differing label, other than weight or package size, for specialty fertilizer and certain other substances. Existing law requires the registration fee not to exceed $200 per product. This bill would also require registration of each differing label for organic input material, would require the registration fee for organic input material not to exceed $500 per product, and would require the funds generated from the registration of organic input materials to be deposited into the Organic Input Materials Account, which the bill would create in the Department of Food and Agriculture Fund, and be available only upon appropriation by the Legislature. The bill would provide that registrations may not be issued without a current license. The bill would require the inspection of organic input material manufacturers at least once per year, as provided. Because a violation of provisions relating to fertilizing materials is a misdemeanor, by changing the definition of a crime this bill would impose a state-mandated local program. Existing law requires a tonnage report to be submitted to the secretary semiannually, as provided, and requires the secretary to impose a penalty of $200 on any person who fails to submit a report on or before the due dates. This bill would provide that any tonnage report that is more than 90 days past due is a cause for revocation of the license. Existing law requires every lot, parcel, or package of fertilizing material to have attached to it, or the shipment to be physically accompanied by, a label as required by the secretary, and makes a violation of these provisions an infraction or misdemeanor, as provided. Existing law authorizes the secretary to require proof of labeling statements and claims made for any fertilizing material and to cancel the approval of, or refuse to approve, a fertilizing material label if the secretary determines that adequate proof of label claims does not exist. This bill would delete the specific penalty for a violation of the labeling provisions. The bill would instead require the secretary to cancel the approval of, or refuse to approve, a fertilizing material label if adequate proof of label claims does not exist. By changing the penalty for a crime, this bill would impose a state-mandated local program. Existing law provides that the secretary shall have free access at reasonable times to records, premises, or conveyances used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material. This bill would also provide that the secretary has access to production processes used for those purposes. Existing law provides that the secretary shall, at the times and to the extent necessary for the enforcement of these provisions relating to fertilizing material, among other things, take samples of, or make analyses or examinations of, any substance. This bill would also permit the secretary to inspect the fertilizing material manufacturing facilities and take samples at various stages of production for specified purposes. Existing law makes a violation of provisions relating to fertilizing materials a misdemeanor punishable by a fine of not more than $500 for the first violation and not less than $500 for each subsequent violation. This bill would increase those fine amounts to not more than $1,000 for the first violation and not less than $1,000 for each subsequent violation. This bill would require the Department of Food and Agriculture to levy a civil penalty against any person who violates the provisions relating to fertilizing materials, as provided. This bill would provide that the department shall be entitled to receive reimbursement from any violator for any reasonable attorney's fees and other related costs in enforcement of these provisions relating to fertilizing materials. By authorizing a new source of revenue to be deposited into a continuously appropriated fund, the Department of Food and Agriculture Fund, this bill would make an appropriation. Existing law provides that it is unlawful for any person to manufacture or distribute in this state any fertilizing material without complying with the provisions relating to fertilizing materials or its regulations. This bill would provide that it is unlawful for any person to adulterate, misbrand, or alter any fertilizing material with the result that the fertilizing material would be inconsistent with the label claims, and would make the violation of this provision a misdemeanor punishable by specified fines. By creating a new crime, this bill would impose a state-mandated local program. The bill would also authorize the secretary to prohibit a person who violates this provision or a certain other provision relating to the distribution of adulterated fertilizing material from obtaining a license to sell organic input materials for 3 years. Existing law provides that the movement, distribution, or sale of all or part of any product that has been quarantined by the secretary, unless the movement, distribution, or sale has the prior approval of the secretary, is a misdemeanor punishable by a fine of not more than $500 and a fine of not less than $1,000 for a 2nd or subsequent violation. This bill would also make a violation of that provision subject to a civil penalty and would increase those misdemeanor fine amounts to not more than $5,000 for the first violation and not less than $10,000 for a 2nd or subsequent violation. Existing law prohibits a person from distributing an adulterated fertilizing material and provides specified conditions under which a fertilizing material will be deemed to be adulterated. This bill would include as another condition if an organic input material contains ingredients that, in type or amount, do not comply with certain federal standards requirements. Because a violation of provisions relating to fertilizing materials is a misdemeanor, by changing the definition of a crime this bill would impose a state-mandated local program. This bill would also make conforming, clarifying, and technical 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 prohibits the sale or consumption of alcoholic beverages at a public schoolhouse or any grounds thereof. Existing law provides that this prohibition does not apply if the alcoholic beverage is possessed, consumed, or sold, pursuant to a license, for an event during the weekend or at other times when pupils are not on the grounds of an overnight retreat facility owned and operated by a county office of education in a county of the 18th class. This bill would additionally provide that the prohibition does not apply to such a retreat facility owned and operated by a county office of education in a county of the 20th class. This bill makes legislative findings and declarations regarding the necessity of a special statute.
Existing law regulates the taking or possession of birds, mammals, fish, amphibians, and reptiles. Except as expressly provided otherwise in the Fish and Game Code, any violation of that code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor. Existing law specifically imposes a fine of up to $30,000 or up to one year of imprisonment, or both, for the knowing unlawful taking of listed animals for commercial purposes, for the knowing unlawful possession for commercial purposes of any part of a mountain lion, bear, wild pig, bighorn sheep, elk, antelope, or deer, a pelt of a furbearing mammal, a live reptile or amphibian, any fully protected, threatened, or endangered species, or any quantity of fish or shellfish in excess of the quantity permitted by the code, and for the knowing unlawful sale for commercial purposes, or the unlawful possession with the intent to sell, of any part of, or product made from, any wildlife. Existing law, except as specified, also prohibits any person convicted of a violation punishable under those unlawful taking and possession and sale provisions from thereafter taking wildlife in this state for a period of not less than one year from the date of conviction, and provides for the revocation of related entitlements. Existing law prohibits a person, upon the 3rd conviction of a specified violation relating to the taking or possession of fish, reptiles, or amphibia, or parts thereof, in any 5-year period, and upon any subsequent conviction during a 5-year period, from taking any fish, reptiles, or amphibia in the state for 3 years from the date of the last conviction, and requires the Fish and Game Commission to revoke the sport fishing license of such a person for the period of the prohibition. This bill would delete those unlawful taking and possession and sale provisions and those specific taking and entitlement prohibitions. The bill would, instead, except as specified, provide that any person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges any amphibian, bird, fish, mammal, or reptile, or part thereof, for profit or personal gain, is guilty of a misdemeanor punishable by a fine of not less than $5,000, nor more than $40,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The bill would increase the fine for a 2nd or subsequent violation. The bill would require that moneys equivalent to 50% of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to these provisions be allocated for the support of the Special Operations Unit of the Department of Fish and Game and used for law enforcement purposes and 50% of the revenue from a fine be paid to the county in which the offense was committed. The bill would require the county board of supervisors to first use those revenues to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation and would authorize the expenditure of any excess revenues in accordance with specified existing law. The bill would provide that any person who illegally takes or possesses in the field more than 3 times the daily bag limit, or who illegally possesses more than 3 times the legal possession limit, of fish, reptiles, birds, amphibians, or mammals is guilty of a misdemeanor subject to a fine of not less than $5,000 nor more than $40,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The bill would increase the fine for a 2nd or subsequent violation. The bill, except as specified, would provide that any person who maliciously and intentionally maims, mutilates, or physically tortures any fish, reptile, bird, amphibian, or mammal provided for in the code is guilty of a crime punishable as prescribed. The bill would require that 50% of the revenue from a fine collected pursuant to these provisions be paid to the county in which the offense was committed. The bill would require the county board of supervisors to first use those revenues to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation and would authorize the expenditure of any excess revenues in accordance with specified existing law. The bill would authorize the department, upon a conviction of certain violations, to suspend or permanently revoke a person's hunting or sport fishing license or permit privileges. The bill would authorize any person whose privileges are suspended or revoked to appeal the suspension or revocation to the commission, and would require the commission to initiate the appeal process within 12 months of the violator's appeal request. The bill would authorize the department to adopt regulations to implement those suspension and revocation provisions. The bill would authorize the forfeiture of any device or apparatus, including a vessel, vehicle, or hunting or fishing gear, used in the commission of specified offenses. The bill, by creating new crimes, 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.
(1) Existing law establishes the Department of Fish and Game in the Natural Resources Agency. Existing law authorizes the department to regulate commercial hunting clubs. Existing law requires a person in possession or control of property who imposes or collects a fee for the privilege of taking birds or mammals on that property, or who imposes or collects a fee for any type of entry or use permit that includes the privilege of taking birds or mammals on that property, to obtain a commercial hunting club license from the department, as prescribed. Existing law requires that license to be issued to any person upon submission of a completed application on a form approved by the Fish and Game Commission and the payment of a fee, as specified. Existing law exempts from those provisions any hunting club or program licensed under other provisions of the Fish and Game Code and any person who receives less than $50 per entrant to the club and an annual total of fees that is less than $500. This bill would recast those provisions to establish a number of exemptions from the requirement to obtain a commercial hunting club license, including an exemption for property that is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program. The bill would require an application for a commercial hunting club license to be on a form furnished by the department. The bill would require the application to contain prescribed information. The bill would authorize the department to issue a license to any person upon submission of a completed application and payment of a fee, in accordance with a fee schedule based on the number of properties used by the club. (2) Existing law requires the Department of Fish and Game to establish the SHARE program to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities, as defined. Existing law establishes the SHARE Account in the Fish and Game Preservation Fund to be used for the program. This bill, among other changes, would require the department to adopt regulations for the management and control of wildlife-dependent recreational activities on land that is subject to the program, to report to the Fish and Game Commission annually on the status of the program, and to maintain data on the types of wildlife-dependent recreational activities preferred by users of the program. The department would be authorized to establish and impose user fees, use existing hunting and fishing license stamp or tag fees from the Fish and Game Preservation Fund, or apply for grants, federal funds, or other contributions from other sources. Money generated pursuant to this authorization, except as otherwise provided, would be deposited into the SHARE Account and would, upon appropriation by the Legislature, be available for expenditure by the department to fund the program. (3) Existing law prohibits a person from willfully interfering with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, or trapping at the location where that activity is taking place. This bill would include in that list of actions hunting dog field trials and hunting dog training. The bill would authorize a violation of the prohibition above to be enforced as either an infraction or a misdemeanor, and would make a 2nd violation within 2 years of a prior violation punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (4) 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 California Seed Law, provides that the Secretary of Food and Agriculture may pay counties, from moneys received by the secretary, as specified, an annual subvention for costs incurred in the enforcement of provisions of law relating to seed identification and quality. Existing law provides, pursuant to those provisions, that the subvention to counties be annually apportioned, as provided, according to whether the county has registered seed labelers. Existing law provides that agricultural commissioners of counties that choose to participate in the subvention program shall maintain a statewide compliance level on all seed within the county. Existing law provides that the secretary may withhold a portion of the funds designated to a county if that county fails to meet specified performance standards. Existing law provides that these provisions are operative until specified dates, but are all repealed on January 1, 2010. This bill would extend the operation of these provisions, as specified, and would repeal them on January 1, 2015. Under existing law, the fees collected pursuant to the California Seed Law are continuously appropriated to the Department of Food and Agriculture to carry out these provisions. By extending the operation of these subvention provisions, this bill would make an appropriation.
Existing law, the Medical Practice Act, regulates the practice of telemedicine, defined as the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications. Existing law, until January 1, 2013, authorizes "teleophthalmology and teledermatology by store and forward" under the Medi-Cal program, to the extent that federal financial participation is available. Existing law defines "teleophthalmology and teledermatology by store and forward" as an asynchronous transmission of medical information to be reviewed at a later time by a physician at a distant site who is trained in ophthalmology or dermatology, where the physician at the distant site reviews the medical information without the patient being present in real time. This bill would expand the definition of "teleophthalmology and teledermatology by store and forward" to include an asynchronous transmission of medical information to be reviewed at a later time, for teleophthalmology, by a licensed optometrist.
(1) Existing law establishes the Pierce's Disease Control Program in the Department of Food and Agriculture, and the Pierce's Disease Management Account in the Food and Agriculture Fund. Existing law allows money in this account to be expended as specified to combat Pierce's disease and its vectors. Existing law declares that these provisions shall become inoperative on March 1, 2011. This bill would allow specified money in the account to also be expended for purposes relating to other designated pests and diseases, as provided. The bill would change the date on which the above provisions become inoperative to March 1, 2016. (2) Existing law creates in the Department of Food and Agriculture the Pierce's Disease and Glassy-winged Sharpshooter Board, which consists of specified numbers of representatives of producers and processors, as defined, in the grape industry who are appointed by the Secretary of Food and Agriculture. Existing law sets forth the powers of the board and provides for an annual assessment to be paid by the processors into the Department of Food and Agriculture Fund for the purposes of, among other things, research and other activities related to the transmittal of the plant killing Pierce's disease bacterium, and its vectors, particularly the glassy-winged sharpshooter. Existing law repeals these provisions on March 1, 2011. This bill would authorize the expenditure of the assessments for purposes relating to other designated pests and diseases, as provided, and would extend the repeal date of these provisions to March 1, 2016, except that this bill would make these provisions inoperative as of March 1, 2011, unless the secretary finds, in a referendum conducted by him or her, or a person designated by him or her, that a favorable vote has been given. The bill would require, no later than April 15, 2010, the secretary to establish a list of those individuals eligible to vote on the continued implementation of these provisions, as specified. The bill would also make a conforming change and other technical changes. (3) Existing law authorizes the Department of Food and Agriculture and the Pierce's Disease and Glassy-winged Sharpshooter Board to charge expenditures for administrative purposes, as specified, in an amount not to exceed a total of 7% of the assessments collected pursuant to these provisions. This bill would increase the amount that may be charged for administrative purposes to an amount not to exceed a total of 14% of the assessments collected. Because assessments collected pursuant to these provisions are deposited in the Department of Food and Agriculture Fund, which is continuously appropriated, by extending the collection of these assessments and authorizing expenditure for a new purpose, this bill would make an appropriation. (4) Existing law, operative until March 1, 2011, provides that the Secretary of Food and Agriculture shall appoint an advisory task force to advise him or her on the control and management of Pierce's disease. This bill would extend these provisions to March 1, 2016. This bill would authorize the Pierce's Disease and Glassy-winged Sharpshooter Board, after consulting with the advisory task force and upon making specified findings, to recommend to the secretary, and would authorize the secretary to determine, that a pest or disease affecting grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy be designated as an other designated pest or disease, and that money should be expended on research and outreach programs for specified purposes relating to the other designated pest or disease, except as provided. The bill would also make conforming changes.