Sen. John Cooke

Current law states that a conviction for escape or for attempt to escape may not be used for the purpose of adjudicating a person an habitual criminal unless the conviction is based on the offender's escape or attempt to escape from a correctional facility. The bill clarifies that this prohibition applies to both current and prior convictions for escape and attempt to escape. The bill also states that for the purposes of this prohibition, 'correctional facility' does not include a community corrections facility or a halfway house. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following: Require the defendant to serve at least 90 days but not more than 180 days imprisonment in the county jail. During the mandatory 90-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Require the defendant to serve at least 120 days but not more than 2 years of imprisonment in the county jail through participation in an alternative sentencing program if such programs are available through the county in which the defendant is imprisoned and only for certain purposes. During the mandatory 120-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall: Require the defendant to complete at least 48 hours but not more than 120 hours of useful public service, which may not be suspended; Include, as a condition of the defendant's probation, a requirement that the defendant complete a level II alcohol and drug driving safety education or treatment program at the defendant's own expense; and Consider imposing certain other conditions of probation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.(Note: This summary applies to this bill as introduced.)

Current law finances the state's water quality program with a mix of general fund money and fees that are paid by sources that discharge pollutants into the state's waters. Section 2 of the bill raises the fees and establishes goals for future adjustments of the ratio of revenue from fees and the general fund as follows: Commerce and industry sector: 50% general fund and 50% cash funds; Construction sector: 20% general fund and 80% cash funds; Municipal separate storm sewer: 50% general fund and 50% cash funds; Pesticides sector: 94% general fund and 6% cash funds; Public and private utilities sector: 50% general fund and 50% cash funds; and Water quality certifications sector: 5% general fund and 95% cash funds. Section 3 adjusts the reporting by the department of public health and environment on the uses of these funds. Section 5 transfers $809,107 from the water quality improvement fund to the general fund and further allocates that money to the commerce and industry, municipal separate storm sewer, and public and private utilities sector funds. Sections 6 through 13 make a variety of appropriations and adjustments to the 2017 long bill. Section 14 makes the fee increases take effect July 1, 2018.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill: Extends the duration of the 'Skilled Worker Outreach, Recruitment, and Key Training Act', also known as the 'WORK Act', administered by the department of labor and employment (department) through the 2018-19 state fiscal year; Authorizes the department to use an expedited procedure, instead of following the procedures required under the 'Procurement Code', for accepting and reviewing an application for an additional or extended grant from an applicant who previously received a grant under the WORK grant program if specified conditions are met; and Removes the cap on the amount of money appropriated to the WORK fund that may be expended in a given fiscal year.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires the public utilities commission (commission) to open a nonadjudicatory proceeding to evaluate investor-owned gas or electric utilities' policies and procedures for load extension of service,including allocation of costs and identification of variables that affect construction and implementation time lines for extension of service. Gas-only investor-owned utilities are not subject to the commission's nonadjudicatory proceeding. Upon completion of its evaluation, the commission shall issue a decision containing recommendations for investor-owned utilities' implementation of service extension. Within 90 days after the conclusion of the commission's nonadjudicatory proceeding, the commission may promulgate rules consistent with its findings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sunset Process - Senate Judiciary Committee. The bill extends the domestic violence offender management board (board) until September 1, 2022. In addition, the bill: Changes the appointment authority for 5 members of the board from the executive director of the department of regulatory agencies (DORA) to the executive director of the department of public safety (director); Changes the qualifications for 5 members of the board to require all to have experience in the field of domestic violence, at least 3 members to be licensed mental health professionals, and at least 3 to be on the list of approved providers published by the board; Requires the director to consult with a statewide organization of criminal defense attorneys prior to appointing the private defense attorney to the board; Repeals language concerning staggered terms for members of the initial board; Authorizes the board to elect a presiding officer rather than having the director appoint the presiding officer; Changes the responsibility for the review of providers' applications and review of mandatory continuing education course requirements from DORA to the board; and Makes the board solely responsible for publishing the list of approved providers and relieves DORA from this responsibility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law allows an accredited hospital, a prescription drug outlet operated by a health maintenance organization, and the state department of corrections to distribute compounded and prepackaged medications, without limitation, to pharmacies under common ownership of the entity. The bill allows these entities to distribute such medications to other outlets under common ownership of each entity as well. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The public utilities commission (commission) in the department of regulatory agencies (department) regulates motor carriers through the issuance of permits. The bill streamlines the commission's enforcement of motor carrier permits as follows: Section 2 of the bill clarifies language concerning the imposition of civil penalties for violations of motor carrier regulations, including the civil penalties applicable for subsequent violations. Section 2 also relieves the commission of the obligation to prove that a violation was intentional. Section 3 creates a legal services offset fund (fund) to supplement the money appropriated to the department for legal representation of commission staff by the department of law in commission matters concerning the enforcement of motor carrier regulations. Section 3 requires that the state treasurer transfer any money in excess of $250,000 in the fund to the general fund and sets an alternative maximum reserve for the fund, distinct from the maximum reserve generally applicable to cash funds, of $250,000. Section 1 requires the commission to transfer all penalties collected for violations of motor carrier regulations to the fund. Sections 4, 5, and 6 clarify that a permittee's motor carrier permit is immediately revoked for failure to pay a civil penalty. These sections apply to permittees that are motor carriers of passengers, motor carriers of towed motor vehicles, and motor carriers of household goods, respectively.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, if a tenant notifies his or her landlord in writing that he or she is the victim of domestic violence or domestic abuse and provides to the landlord evidence in the form of a police report written within the prior 60 days or a valid protection order, and the tenant seeks to vacate the premises due to fear of imminent danger for self or children, then the tenant may terminate the rental agreement or lease and vacate the premises with minimal remaining obligations. The bill extends this privilege to victims of unlawful sexual behavior and stalking. The bill also provides that a statement from an application assistant designated by the address confidentiality program or, in the case of a victim of unlawful sexual behavior, from a medical professional, confirming the tenant's victim status is a third means of presenting evidence to the landlord. If a tenant to a residential rental agreement or lease agreement notifies the landlord that the tenant is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord shall not disclose such fact to any person except with the consent of the victim or as the landlord may be required to do so by law. If a tenant to a residential rental agreement or lease agreement terminates his or her lease pursuant to this section because he or she is a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant provides the landlord with a new address, the landlord shall not disclose such address to any person except with the consent of the victim or as the landlord may be required to do so by law. Under current law, a dangerous or uninhabitable condition in a rented property does not constitute a breach of the warranty of habitability if the condition is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control. However, such a condition is not misconduct by a victim of domestic violence or domestic abuse if the condition is the result of domestic violence or domestic abuse and the landlord has been given written notice and evidence of domestic violence or domestic abuse. The bill adds language to provide the same protection for tenants who are victims of unlawful sexual behavior or stalking. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)