Sen. Nancy Skinner

This measure would memorialize the Legislature's support of legislation currently pending in the United States Congress that would protect the Pacific Coast from new offshore oil drilling. This measure would also memorialize the Legislature's opposition to the proposed expansion of oil and gas drilling off the Pacific Coast and any federal energy policies and legislation that would weaken California's role in energy siting decisions due to those policies.

This measure would proclaim April 20, 2010, as Equal Pay for Women Day in California.

Existing law, the Medical Practice Act, restricts the employment of licensed physicians and surgeons and podiatrists by a corporation or other artificial legal entity, subject to specified exemptions, and makes it a crime to practice medicine without a license. Existing law establishes, until January 1, 2011, a pilot project to allow qualified district hospitals that, among other things, provide more than 50% of patient days to the care of Medicare, Medi-Cal, and uninsured patients, to employ a physician and surgeon, if the hospital does not interfere with, control, or otherwise direct the professional judgment of the physician and surgeon. The pilot project authorizes the direct employment of a total of 20 physicians and surgeons by those hospitals to provide medically necessary services in rural and medically underserved communities, and specifies that each qualified district hospital may employ up to 2 physicians and surgeons, subject to specified requirements. This bill would delete that pilot project and would instead, until January 1, 2021, authorize a health care district, as defined, and a clinic owned or operated by a health care district, as specified, to employ physicians and surgeons if the health care district's service area includes a Medically Underserved Area (MUA) or a Medically Underserved Population (MUP) , or has been federally designated as a Health Professional Shortage Area (HPSA) ; the district board conducts a public hearing and adopts a specified resolution declaring the need for the district to recruit and directly employ one or more physicians and surgeons; and the executive officer of the district provides specified documentation to the Medical Board of California. Upon receipt of that documentation, the bill would require the board to approve the employment of up to 5 primary or specialty care physicians and surgeons by the district, and, upon receipt of additional documentation after that employment, to approve an additional 5 primary or specialty care physicians and surgeons. The bill would provide that a district may, until December 31, 2020, enter into, renew, or extend any employment contract with a physician and surgeon for up to 10 years. The bill would require the Office of Statewide Health Planning and Development, in consultation with the State Department of Public Health and the board, to report to the Legislature by June 1, 2018, with regard to the efficacy of the employment of physicians and surgeons by health care districts, as specified.

This measure would designate the first week of March of each year as Cuss Free Week.

Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy. A violation of the Pharmacy Law is a crime. Existing law, among other things, authorizes a pharmacist to administer immunizations pursuant to a protocol with a prescriber. This bill, until January 1, 2015, would additionally authorize a pharmacistassociated with an independent community pharmacy, as defined, to initiate and administer influenza immunizations to any person 18 years of age or older pursuant to standardized protocols developed and approved by the Medical Board of California in consultation with public health officers. The bill would, with respect to the development and approval of those standardized protocols, authorize the Medical Board of California to consult with the board. The bill would require a pharmacist, prior to initiating and administering those immunizations, to complete a specified pharmacy-based immunization delivery training program. The bill would also require a pharmacist initiating and administering those immunizations to complete 3 hours of immunization-related continuing education coursework annually and to be certified in basic life support. The bill would require a pharmacist, at the time of administration of that immunization, to provide the patient with a Vaccine Information Statement and to provide the patient and the patient's physician with documentation of administration of the immunization. The bill would also require a pharmacist administering that immunization to maintain a specified immunization record, provide documentation of administration to the appropriate immunization registry, report any adverse event and ensure proper storage and handling of vaccines. The bill would authorize a pharmacist initiating and administering vaccines under these provisions to initiate and administer epinephrine for severe allergic reactions. This bill would require the board and the Medical Board of California to complete an evaluation of influenza immunizations initiated and administered under the standardized protocols authorized by the bill, and would require the board to report to the appropriate policy committees of the Legislature by January 1, 2014. Because this bill would create new requirements under the Pharmacy Law, the 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.

This measure would recognize the Lunar New Year 4708 celebration.

The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions.

This measure would declare February 23, 2010, to be Spay Day USA 2010 in California, and would request that Californians observe that day by having their dogs and cats spayed or neutered and by providing voluntary services or other support to organizations that provide spay and neuter services.

(1) Existing law requires the Franchise Tax Board to suspend the imposition of any interest, penalty, addition to the tax, or additional amounts for an individual who files a tax return on or before the due date, including extensions, if the board has not provided notice, with certain exceptions. This bill, on or after January 1, 2011, would add interest, penalty, addition to tax, or additional amount relating to any abusive tax avoidance transaction, as defined, to the list of exceptions for which additional interest, penalties, and amounts may be charged. (2) Existing law imposes various taxes and fees and certain penalties for underpayments, including an accuracy-related penalty and a reportable transaction accuracy-related penalty. Existing law establishes a reasonable cause exception for underpayments. Existing law also imposes penalties on a person who aids or assists, procures, or advises with respect to the preparation or presentation of any portion of a tax return and who knows or has reason to believe that the portion will be used in a material matter and that the portion, if so used, will result in an underpayment. Existing law sets the penalty in the amount of $1,000 generally and $10,000 in the case of corporate tax liability. This bill would remove the reasonable cause exception for avoiding the underpayment penalties if the underpayment is a result of an abusive tax avoidance transaction for specified taxpayers. The bill would extend the penalty for aiding and abetting to a person who should have known that the portion would be used in connection with a material matter and who should have known that the portion prepared by them would result in an underpayment of tax liability unless the person fulfills specified requirements. The bill would also increase the penalties to $10,000 and $100,000, respectively. (3) Under existing law, the Franchise Tax Board was required to develop and administer a voluntary compliance initiative, as specified, to be operative during the period of January 1, 2004, to April 15, 2004, for taxpayers to avoid specified penalties and tax liabilities for the use of abusive tax avoidance transactions if the taxpayer files an amended return and pays the tax due for transactions that occurred in taxable years beginning before January 1, 2003. This bill would require a similar voluntary compliance initiative, to be operative during the period of January 1, 2011, and April 15, 2011, and relating to transactions that occurred in taxable years beginning before January 1, 2011. (4) Under existing law, if a taxpayer has been contacted by the Franchise Tax Board regarding a specified reportable transaction, n amount equal to 100% of the interest payable is added to the tax amount. This bill would make this provision, instead, applicable to abusive tax avoidance transactions, as defined, where the taxpayer has a deficiency. The bill would also reduce the amount of additional tax added for taxpayers who take specified actions. (5) Existing law defines "reportable transaction" for purposes of income tax. This bill would include in that definition a transaction of interest, as defined by the Franchise Tax Board. (6) Under existing law various state agencies license and regulate professions, including accountants, attorneys, and tax preparers. This bill would make a penalty imposed by the Franchise Tax Board for promoting abusive tax shelters and aiding and abetting an understatement of tax liability grounds for revocation, suspension, or refusal to renew a license of a registered public accounting firm, any person associated with a public accounting firm, or a holder of a permit, certificate, or license to practice in the state. This bill would make a penalty imposed by the Franchise Tax Board for promoting abusive tax shelters and aiding and abetting understatement of tax liability grounds for disbarment or suspension of an attorney. The bill would prohibit a tax preparer upon whom a penalty is imposed by the Franchise Tax Board for promoting abusive tax shelters and aiding and abetting understatement of tax liability from conducting business for 5 years from the date the penalty is finalized.

This resolution would respectfully request that the International Maritime Organization, a specialized agency of the United Nations, adopt the North American Emission Control Area, as proposed by the United States, Canada, and France at the 60th session of the Marine Environment Protection Committee, scheduled for March 2010.