Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations and requires the standards board to adopt and, through the Division of Occupational Safety and Health, to enforce all occupational safety and health standards. Under existing law, a knowing or negligent violation of any standard, which is deemed to be a serious violation, constitutes a misdemeanor. This bill would require the standards board to adopt a standard, no later than December 1, 2012, relating to housekeeping in transient lodging establishments requiring the use of fitted sheets on beds or the use of an approved alternative to assist in sheet installation, as specified, and the use of long-handled tools for cleaning bathrooms. The bill would require the division to enforce the standard in the ordinary course of its duties pursuant to existing authority. This bill would require that the standard be operative as of September 1, 2013, and be fully complied with by December 31, 2015. Because this bill would require the standards board to adopt a new standard, the serious violation of which would, when effective, create a new 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 for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital benefits, as specified, and is required to provide notice of the maternity services coverage. This bill, commencing July 1, 2012, would require every individual and group health insurance policy to provide coverage for maternity services for all insureds covered under the policy.
Existing law, the federal Patient Protection and Affordable Care Act, requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and employers. Existing state law establishes the California Health Benefit Exchange within state government, specifies the powers and duties of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law establishes a program for the treatment of breast and cervical cancer, administered by the State Department of Health Care Services, and a program for cancer screening administered by the State Department of Public Health. Existing law provides specified health care coverage to eligible individuals under the Healthy Families Program, the Access for Infants and Mothers Program, the California Major Risk Medical Insurance Program, and the Federal Temporary High Risk Pool, which are administered by the Managed Risk Medical Insurance Board. Existing law provides specified health care coverage to eligible individuals under the Medi-Cal program and the Family PACT program, which are administered by the State Department of Health Care Services. Existing law provides specified health care coverage to individuals under the AIDS Drug Assistance Program (ADAP) and the federal Ryan White HIV/AIDS Treatment Extension Act of 2009, which are administered by the State Department of Public Health. Existing law provides for the regulation and licensure of hospital facilities by the State Department of Public Health. This bill would, until June 30, 2013, require the State Department of Health Care Services, the State Department of Public Health, and the Managed Risk Medical Insurance Board, respectively, to disclose information on health care coverage through the California Health Benefit Exchange to every individual who has ceased to be enrolled under the programs described above, except that, with respect to the cancer treatment and screening programs, the Family PACT program, and the programs for treatment of HIV/AIDS, the disclosure would be made to each enrollee, and for the Family PACT Program, the disclosure would be made by Family PACT providers and on and after July 1, 2013, as specified. The bill would require certain hospitals, when billing, to include additional disclosures regarding health care coverage through the Exchange. On and after January 1, 2013, this bill would require the State Department of Health Care Services and the Managed Risk Medical Insurance Board to provide to the California Health Benefit Exchange specified information for each individual who has ceased to be enrolled under those programs, except the cancer treatment and screening programs, the Family PACT program, and the programs for treatment of HIV/AIDS, in a manner to be prescribed by the Exchange, for purposes of determining eligibility and completing enrollment in the Exchange, and to disclose that enrollment to those individuals. On and after January 1, 2013, with respect to the cancer treatment and screening programs, the programs for the treatment of HIV/AIDS, and the Family PACT program, this bill would require the State Department of Health Care Services or the State Department of Public Health to provide to the Exchange specified information for each enrollee in a manner to be prescribed by the Exchange for purposes of determining eligibility and completing enrollment in the Exchange. The bill would make the automatic enrollment of those individuals in the Exchange subject to the State Department of Health Care Services, the State Department of Public Health, and the Managed Risk Medical Insurance Board receiving approval from the United States Department of Health and Human Services to transfer the minimum information necessary to initiate an application for enrollment, as specified. The bill would require each affected individual to be given the opportunity to provide informed consent to commence eligibility determination and complete enrollment, but would provide that failure to consent or to respond would be construed to mean the individual is declining coverage.
Existing law requires the Director of General Services to compile and maintain an inventory of state-owned real property, excluding certain property, that may be available for lease to providers of wireless telecommunications services for location of wireless telecommunications facilities, and to provide a requesting party, upon payment of any applicable fee, with a copy of the inventory. Existing law also authorizes the director to negotiate and enter into an agreement to lease department-managed and state-owned real property to a provider of wireless telecommunications services for location of its facilities. Existing law creates the Digital Divide Account within the California Teleconnect Fund Administrative Committee Fund in the State Treasury. Existing law requires that 15% of the revenues from fees collected from the lease of state-owned real property to the providers of wireless telecommunication services pursuant to the above-described provisions, except for revenues from fees collected from a lease agreement for access to Department of Transportation property or a lease agreement existing prior to January 1, 2004, be deposited in the Digital Divide Account, to be available, upon appropriation by the Legislature, to finance digital divide projects through the Digital Divide Grant Program. This bill would require the director to submit to the Legislature, by January 31, 3012, a report on actions taken by the director regarding the above provisions including the number of wireless facility lease agreements entered into with providers of wireless telecommunications services and all moneys deposited into the Digital Divide Account.
Existing law provides certain protections and benefits for veterans and members of the National Guard. This bill would create in state government the California Interagency Council on Veteran Services and Programs, composed of specified members, for the purpose of bringing together key state agencies and departments, federal officials, legislative representatives, local governments, and stakeholder organizations to ensure that the state's programs that serve veterans are efficiently administered and properly integrated with federal and local government and other stakeholder organizations. The bill's provisions would remain in effect until December 31, 2017.
Existing law imposes various requirements with respect to contracting by state agencies. This bill would require a state agency that accepts bids or proposals for a contract for goods, except for technology, to provide a preference of 5% to a California business meeting specified criteria. The bill would also require the Department of General Services to establish a process to verify that a business meets the criteria for the 5% preference. This bill would provide that these provisions may not be construed to require an affected state agency to compromise its immediate mission or ability to function and carry out its existing responsibilities.
(1) The State Teachers' Retirement Law (STRL) establishes the Defined Benefit Program of the State Teachers' Retirement System, which provides a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. STRL also establishes the Defined Benefit Supplement Program, which provides supplemental retirement, disability, and other benefits, payable either in a lump-sum payment, an annuity, or both to members of the State Teachers' Retirement Plan. STRL defines creditable compensation for these purposes as remuneration that is payable in cash to all persons in the same class of employees, as specified, for performing creditable service. This bill would revise the definition of creditable compensation for these purposes and would identify certain payments, reimbursements, and compensation that are creditable compensation to be applied to the Defined Benefit Supplement Program. The bill would prohibit one employee from being considered a class. The bill would revise the definition of compensation with respect to the Defined Benefit Supplement Program to include remuneration earnable within a 5-year period, which includes the last year in which the member's final compensation is determined, when it is in excess of 125% of that member's compensation earnable in the year prior to that 5-year period, as specified. The bill would prohibit a member who retires on or after January 1, 2013, who elects to receive his or her retirement benefit under the Defined Benefit Supplement Program as a lump-sum payment from receiving that sum until 180 days have elapsed following the effective date of the member's retirement. (2) Existing law permits a retired member of STRS to perform specified activities as an employee of an employer in the system, as an employee of a 3rd party, or as an independent contractor within the California public school system, but prohibits the member from making contributions to the retirement fund or accruing service credit based on compensation earned from that service. Existing law conditions this authorization on a variety of factors including limitations on the rate of pay of the member and the total amount of compensation. Existing law prohibits compensation, in this regard, for a member who is below normal retirement age for the first 6 months after retirement for service. This bill would apply the prohibition described above to employees retiring on or after January 1, 2013, for the first 180 days after retirement for service. The bill, beginning January 1, 2013, and until June 30, 2014, would exclude from that postretirement compensation limitation up to $2,500 of compensation earned by a member who retired for service and returned to work during the first 180 days after retirement as a substitute employee, as specified, if other conditions are met. (3) Existing law establishes the Cash Balance Benefit Program, administered by the Teachers' Retirement Board, as a separate benefit program within the State Teachers' Retirement Plan in order to provide a retirement plan for persons employed to perform creditable service for less than 50% of full-time service. Existing law provides that the normal form of benefit under the program is a lump-sum payment, after which further benefits are not payable. This bill would permit the board to assess penalties for late and improper adjustments on contributions in connection with the Cash Balance Benefit Program. The bill would prohibit a member who retires on or after January 1, 2013, from receiving the lump-sum payment under the program until 180 days have elapsed following the effective date of the member's termination of employment. (4) The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement System, which is administered by its board of administration, and which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines compensation earnable and other related terms for purposes of calculating a member's retirement allowance. PERL requires employers and contracting agencies participating in the system to provide notice to the board of the change of status of a member. This bill would require a participating employer and contracting agencies to immediately notify the board of a change that may affect a member's payrate for purposes of compensation earnable and would authorize the board to assess a reasonable fee upon an employer that fails to do so. The bill would authorize the board to assess a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that an employer knowingly failed to comply with requirements regarding the reporting of compensation. The bill would specify that payrate means, among other things, the member's monthly base pay, would connect payrate to publicly available pay schedules, and would establish requirements for computation of the payrate of a member for a leave without pay. The bill would prescribe a process for determining if specific compensation items are special compensation. The bill would prohibit a person who retires on or after January 1, 2013, from being employed in any capacity by the state, the University of California, a school employer, or a contracting agency until that person has been separated from service for a period of at least 180 days, subject to existing exceptions, unless the employee is subject to a collectively bargained early retirement plan with the California State University in effect prior to January 1, 2013. The bill also would make additional related changes and would make a statement of legislative findings. This bill would provide that its provisions would become operative on July 1, 2012, except as specified.
(1) Existing law sets forth state planning priorities that are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state. Those priorities are as follows: (a) to promote infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land, (b) to protect environmental and agricultural resources by protecting, preserving, and enhancing the state's most valuable natural resources, and (c) to encourage efficient development patterns by ensuring that any infrastructure associated with development, other than infill development, supports new development that meets prescribed criteria. Under the Leroy F. Greene School Facilities Act of 1998 (hereafter the Greene Act) , the State Allocation Board is charged with the allocation of state funds to school districts for the acquisition of schoolsites and the construction and modernization of schools. This bill would require the State Allocation Board, on or before July 1, 2012, to review the guidelines, rules, regulations, procedures, and policies for the modernization of school facilities adopted for implementation of the Greene Act to ensure they reflect the state planning priorities referenced above and to revise those guidelines, rules, regulations, procedures, and policies as necessary. (2) Existing law requires the State Department of Education, among other things, to advise the governing board of a school district on the acquisition of new schoolsites, to develop standards for use by a school district in the selection of schoolsites, and to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety. Existing law requires the governing board of a school district, before commencing the acquisition of real property for a new schoolsite or an addition to an existing schoolsite, to evaluate the property using the standards developed by the department. This bill would require the site selection standards and the design and construction standards developed by the department to reflect the state planning priorities and would require the governing board of a school district to consider whether a new schoolsite or addition reflects the state planning priorities. The bill would require the department to consider, among other things, the state planning priorities in prioritizing the list of recommended school locations provided by the department to the school district. (3) Existing law requires the Governor to submit annually a proposed 5-year infrastructure plan to the Legislature in conjunction with the Governor's Budget. Existing law requires this infrastructure plan to include a proposal for funding the infrastructure that includes criteria and priorities used to identify and select the infrastructure proposed to be funded. This bill would require the infrastructure plan to include information, to be provided to the Governor by the State Department of Education and the State Allocation Board, on the extent to which the department's site selection standards and design and construction standards and the board adopted guidelines, rules, regulations, procedures, and policies for the modernization of school facilities are consistent with the state planning priorities.
Existing law requires that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day. This bill would make an exception for special absentee voters, as defined, temporarily living outside of the territorial limits of the United States and the District of Columbia and would instead require that their vote by mail ballots be postmarked on or before election day and received by their elections officials not later than 10 days after election day. Because the bill would impose additional duties on elections officials, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides for state mental hospitals for the care, treatment, and education of the mentally disordered, including Napa State Hospital and Metropolitan State Hospital. These hospitals are under the jurisdiction of the State Department of Mental Health. Existing law, prior to admission to Napa State Hospital or the Metropolitan State Hospital, requires the department to evaluate patients committed under specified sections of the Penal Code. Existing law requires a patient determined to be a high-security risk to be treated in the department's most secure facilities, and other patients to be treated near the patient's community, as specified. This bill would delete these provisions governing evaluation and treatment, and instead require a risk evaluation, as specified, upon commitment to any state hospital, of a patient who is being committed pursuant to any provision of the Penal Code.
Existing law, the Warren-911-Emergency Assistance Act, requires the office of the State Chief Information Officer to review and update technical and operational standards for public agency systems in each even-numbered year, after consultation with specified entities and individuals. The bill would require the review and update of technical and operational standards for public agency systems to include standards for recruitment and training of public safety dispatchers. Existing law also requires the State 911 Advisory Board to advise the office on specified subjects, including training standards for county coordinators and public safety answering point managers. The bill would add one representative from the Commission on Peace Officer Standards and Training and one representative from the Office of the State Fire Marshal to the State 911 Advisory Board. The bill would also modify the requirement that the State 911 Advisory Board advise the office on training standards for county coordinators and public safety answering point managers to also require the State 911 Advisory Board to advise the office on training standards for public safety dispatchers, and to advise the office concerning specified issues. This bill would also make technical changes to conform to the Governor's Reorganization Plan No. 1 of the 2009–10 Regular Session.
Existing law requires, when a witness is incapable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter to be sworn to interpret for him or her. Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and for establishing these programs and examinations through the normal budgetary process. This bill would enact the California Language Access Bill of Rights. The bill would provide that a person who is unable to understand English, and who is charged with a crime, has the right to a competent interpreter provided by the court to provide exclusive and ongoing interpretation services throughout the proceedings. The bill would provide that a person who is charged with a crime, and for whom a noncertified, nonregistered interpreter has been appointed, has a right to object to the interpreter at any time during the proceeding that the interpreter appears to be unqualified. The bill would require the court to record specified information and to follow all procedures required pursuant to court rule. The bill would prohibit a noninterpreter staff person of the court, or any person employed by the sheriff, probation department, prosecutor, jail, or corrections department of the prosecuting city or county from providing interpreter services during a proceeding. The bill would permit the rights provided pursuant to these provisions only to be waived expressly by the person charged if the waiver is affirmatively shown to be intelligent and voluntary. The bill also would set forth legislative findings and declarations relating to ensuring an adequate supply of court interpreters without sacrificing essential standards for certification.
