Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes the director to take enforcement action, including, but not limited to, actions to suspend or revoke a license and to impose civil penalties for violations. Under existing law, a violation of these provisions is a crime. This bill would enact the RCFE Residents Foreclosure Protection Act of 2011 which would, with certain exceptions, require the licensee of a facility to notify the department, the State Long-Term Care Ombudsman, and all residents, applicants, and, if applicable, their legal representatives, in writing within 2 business days of specified events, and would require the department to initiate a compliance plan, noncompliance conference, or other appropriate action upon receipt of this notice. By expanding the definition 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.
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Existing law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Existing law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. This bill would provide that a victim, witness, or next of kin of the victim is not precluded from requesting notification using an automated electronic notification process, if available. Existing law, added by Proposition 8, approved by the voters at the June 8, 1982, statewide primary election and amended by Proposition 9, approved by the voters at the November 4, 2008, statewide general election, requires the Board of Parole Hearings, upon request, to notify the victim, or next of kin of the victim, of any crime committed by a prisoner, of any hearing to review or consider the parole suitability or the setting of a parole date for that prisoner. Proposition 8 provides that this statutory provision shall not be amended by the Legislature except by a statute passed in each house by rollcall vote, 23 of the membership concurring or by a statute approved by the voters. Proposition 9 provides that the statutory provisions of that act shall not be amended by the Legislature, except by a statute passed in each house by rollcall vote, 34 of the membership of each house concurring or by a statute approved by the voters. However, the Legislature may amend those provisions by a majority vote of the membership of each house to expand the scope of those provisions or to further the rights of victims of crimes. This bill would permit the victim, or next of kin of the victim, to receive that notice, upon request to the department and verification of the identity of the requester, by telephone, electronic mail, or certified mail, using the method selected by the requester, if that method is available. The bill would provide that this act furthers the rights of victims of crimes for purposes of Proposition 9. By amending this provision, the bill would amend Proposition 8. Because the bill would require the verification of the identity of the requester as a condition to receiving notice, it would amend Proposition 9 in a manner requiring a 34 vote. Existing law provides that as soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall send written notice, if notice has been requested, to specified requesting parties, to the last address of the requesting party provided to the department. This bill would authorize the notice to be sent to a victim or next of kin of a victim by telephone, certified mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, and would require the department to send the notices to the last mailing address, electronic mail address, or telephone number provided to the department by the victim or next of kin of the victim. The bill would make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law provides that no costs incurred by a qualified health care professional, hospital, or other emergency medical facility for the examination of the victim of a sexual assault for the purposes of gathering evidence for possible prosecution shall be charged directly or indirectly to the victim of the assault. Existing law provides that the law enforcement agency in the jurisdiction in which the alleged sexual assault was committed which requests the examination has the option of determining whether or not the examination will be performed in the office of a physician and surgeon, and bills for those costs shall be submitted to that local jurisdiction and the local jurisdiction shall bear those costs. This bill would delete the provision giving the local law enforcement agency the option of whether or not the examination will be performed in the office of a physician and surgeon. The bill would provide that victims of sexual assault who request a medical evidentiary examination shall be provided with one. The bill would provide that the victim is not required to participate in the criminal justice system, as specified. The bill would provide that the cost of the medical evidentiary examination is not chargeable, directly or indirectly, to the victim. The bill would provide that the cost of that examination is a cost chargeable to the local law enforcement agency in whose jurisdiction the alleged offense occurred, provided however, that the local law enforcement agency may seek reimbursement from the California Emergency Management Agency for the costs of those examinations, as specified, in those cases in which the victim does not participate in the criminal justice system. The bill would provide that the amount that a qualified health care professional, hospital, or other emergency medical facility may charge to perform the medical evidentiary examination portion of a medical examination of a victim of sexual assault may not exceed $300, and would specify certain federal grant moneys to be used by the California Emergency Management Agency for reimbursement to local law enforcement agencies for the cost of medical evidentiary examinations, as specified, in those cases where the victim does not participate in the criminal justice system. The bill would authorize the agency to use those federal funds for that purpose until January 1, 2014. This bill would make related conforming changes. (2) Existing law requires the California Emergency Management Agency to develop a course of training for qualified health care professionals relating to the examination and treatment of victims of sexual assault. Existing law requires that the agency consult with health care professionals and law enforcement agencies in developing the course. This bill would encourage the agency to designate a course of training for qualified health care professionals and require the agency to partner with allied professional training courses, such as sexual assault prosecutor training as administered by the California District Attorneys Association, regarding that course of training, as specified. (3) For purposes of these provisions, existing law defines a qualified health care professional as a licensed physician and surgeon, or a nurse who works in consultation with a physician and surgeon who conducts examinations for victims of sexual abuse. This bill would include a currently licensed nurse practitioner and a currently licensed physician assistant in the definition of a qualified health care professional.
The California Constitution provides for the election by the people of the Treasurer and the Controller. Existing law requires the Treasurer to receive and keep in the vaults of the treasury or to deposit in banks or credit unions all moneys belonging to the state, as specified. Existing law requires the Controller to superintend the fiscal concerns of the state. Existing law requires the Controller to audit all claims against the state, and authorizes the Controller to audit the disbursement of any state money, for correctness, legality, and for sufficient provisions of law for payment. This bill would establish the investment trust blue ribbon task force to consider the viability of establishing the California Investment Trust, which would be a state bank receiving deposits of state funds. The task force would be required to consider how the investment trust could strengthen economic and community development, provide financial stability to businesses, reduce the cost paid by state government for banking services, and provide for excess earnings of the trust to be used to supplement General Fund purposes. The bill would establish the membership of the task force, which would include the Secretary of Business, Transportation and Housing, or his or her designee, and specified individuals with a background in finance appointed by the Legislature, and the Governor, Controller, and Treasurer, or their designees, and would require the task force to be staffed by an organization selected by the task force that is a nonprofit corporation, or other private corporation that has specified expertise, including expertise in public finance and public institutions models. The bill would require the task force to report to the Legislature by December 1, 2012, on specified issues relative to the California Investment Trust, including, among other things, its recommendations relating to the viability of establishing the trust and its impact on state government services, as specified. The bill's provisions would become inoperative, and would be repealed, on January 1, 2017.
Existing law imposes a sales tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, and a use tax on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. That law requires every retailer engaged in business in this state, as defined, and making sales of tangible personal property for storage, use, or other consumption in this state to collect the tax from the purchaser. Existing law defines a "retailer engaged in business in this state" to include a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty; a retailer entering into an agreement or agreements under which a person or persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers of tangible personal property to the retailer, whether by an Internet-based link or an Internet Web site, or otherwise, provided that 2 specified conditions are met, including the condition that the retailer, within the preceding 12 months, has total cumulative sales of tangible personal property to purchasers in this state in excess of $500,000; and a retailer that is a member of a commonly controlled group, as defined under the Corporation Tax Law, and a member of a combined reporting group, as defined, that includes another member of the retailer's commonly controlled group that, pursuant to an agreement with or in cooperation with the retailer, performs services in this state in connection with tangible personal property to be sold by the retailer. This bill would revise the definition of a "retailer engaged in business in this state" to temporarily eliminate the above-mentioned inclusions in that definition, and would condition the commencement of the operation of these inclusions upon the enactment of a certain federal law and the state's election to implement that law. This bill, for purposes of one of those inclusions, would revise the cumulative sales condition to increase the amount of total cumulative sales of tangible personal property to purchasers in this state to an amount in excess of $1,000,000. This bill would provide that certain provisions of this bill are severable. This bill would declare that it is to take effect immediately as an urgency statute.
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.
This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.