New laws in California for 2013.

California- Map- Wednesday, January 2nd, 2013

California: New laws in California for 2013.

 

 

With a new year comes new state laws and in California, there is 873 new California laws that went into effect on Tuesday, January 1st, 2013.

 

 

The very long list of new California laws were signed by State of California Governor Jerry Brown.

 

 

Some of the new California laws now in effect were voted on and approved by voter during the Tuesday, November 6, 2012 Elections which includes a voter approve quarter cent sale tax.

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** Here is a few of the 873 new California laws with websites from Official California Legislative Information website with more information on the new California laws which are now in effect starting Tuesday, January 1st, 2013: **

 

 

**** Information and websites obtain from the Official California Legislative Information website. Please make sure to read all documents from websites to understand all the new California laws. ****

 

 

– Regarding open carrying of rifles:

 

** AB 1527; Existing law prohibits, with exceptions, a person from possessing a firearm in a place that the person knows or reasonably should know is a school zone, as defined.

 

This bill would, additionally, exempt a security guard authorized to openly carry an unloaded firearm that is not a handgun and an honorably retired peace officer authorized to openly carry an unloaded firearm that is not a handgun from that prohibition.

 

Existing law, subject to certain exceptions, makes it an offense for a person to carry an exposed and unloaded handgun on his or her person outside a motor vehicle or inside or on a motor vehicle in public areas and public streets, as specified.

 

This bill would exempt a person from the crime of openly carrying an unloaded handgun if he or she is in compliance with specified provisions relating to carrying a handgun in an airport or the open carrying of an unloaded handgun by a licensed hunter while actually engaged in training a hunting dog or while transporting the handgun while going to or from that

training.

 

This bill would, subject to exceptions, make it a misdemeanor for a person to carry an unloaded firearm that is not a handgun on his or her person outside a motor vehicle in an incorporated city or city and county and would make it a misdemeanor with specified penalties if a person carries an unloaded firearm that is not a handgun outside a motor vehicle in an incorporated city or city and county and the person at the same time possesses ammunition capable of being discharged from the unloaded firearm that is not a handgun, and the person is not in lawful possession of the unloaded firearm that is not a handgun, as specified.

 

By creating a new offense, and expanding the scope of existing crimes, this bill would impose a state-mandated local program.

 

The bill would make conforming technical changes.

 

This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by SB 1366, that would become operative only if SB 1366 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last.

 

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. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1527&sess=1112

 

 

– Regarding picketing at funerals:

 

** SB 661; Existing law makes it a crime for a person to disturb, obstruct, detain, or interfere with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service or an interment.

 

This bill would make it a crime, punishable by a fine not exceeding $1,000, imprisonment in a county jail not exceeding 6 months, or by both, for a person to engage in picketing, as defined, except upon private property, which is targeted at a funeral, as defined, during the time period beginning one hour prior to the funeral and ending one hour after the conclusion of the funeral.

 

The bill would set forth related findings and declarations. Because this bill would 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. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_661&sess=1112

 

 

– Regarding youth offenders:

 

** SB 9; Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, or both, may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence.

 

This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified.

 

The bill would prohibit a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing.

 

The bill would require the petition to include a statement from the defendant that includes, among other things, his or her remorse and work towards rehabilitation.

 

The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition.

 

The bill would require the court to hold a hearing if the court finds that the statements in the defendant’s petition are true, as specified.

 

The bill would apply retroactively, as specified. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_9&sess=1112

 

 

– Regarding the Internet and bullying:

 

** AB 1732; Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the school district superintendent or the school principal determines that the pupil has committed any of various specified acts, including, but not limited to, bullying.

 

Existing law defines bullying as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, which includes, among other things, a post on a social network Internet Web site, and including one or more acts, as specified, committed by a pupil or group of pupils, directed toward one or more pupils that has or can be reasonably predicted to have one or more specified effects.

 

This bill would identify specific conduct that would constitute a post on a social network Internet Web site, including posting to or creating a burn page, as defined, creating a credible impersonation of a pupil, as defined and as specified, and creating a false profile, as defined and as specified.

 

The bill also would provide that an electronic act does not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1732&sess=1112

 

 

– Regarding metal purchases:

 

** AB 1971; Existing law provides that every dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of that dealer or collector, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment as specified, by a fine of not more than $250, or by both that fine and imprisonment.

 

This bill would increase that maximum fine to an amount not to exceed $1,000.

 

Existing law provides that a person commits the crime of vandalism when he or she defaces, damages, or destroys property that is not his or her own.

 

Existing law provides that vandalism is punishable by imprisonment in a county jail for not more than one year, by a fine, as specified, based on the amount of the defacement, damage, or destruction, or by both the fine and imprisonment.

 

This bill would enact a clarifying statement relating to vandalism committed against public transit property and facilities, public parks property and facilities, and public utilities and water property and facilities, and would also express certain findings and declarations of the Legislature relating to the theft of nonferrous materials. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1971&sess=1112

 

 

– Regarding driver’s licenses and Immigrants:

 

** AB 2189; (1) Existing law requires the Department of Motor Vehicles to issue driver’s licenses to applicants who meet specified criteria and provide the department with the required information. Existing law requires the department to establish that the applicant’s presence in the United States is authorized under federal law.

 

Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization.

 

This bill would allow persons who provide satisfactory proof, as described, that their presence in the United States is authorized under federal law, but who are not eligible for a social security account number, to receive an original driver’s license from the Department of Motor Vehicles if they meet all other qualifications for licensure.

 

(2) Existing law prohibits a person from renting a motor vehicle to another unless the person to whom the vehicle is rented is a validly licensed driver, as specified, and the person renting to that driver has inspected the person’s driver’s license and compared the signature on the license with the signature of the driver written in his or her presence.

 

This bill would delete the requirement that the signature of the driver be written in his or her presence and would allow the person renting the vehicle to instead compare the photograph on the driver’s license of the person with the person to whom the vehicle is to be rented.

 

The bill would also exempt, a “rental company,” as defined, from these requirements if the rental is subject to the terms of a membership agreement that allows the renter to gain physical access to a car without a key through use of a code, key card, or by other means that allow the car to be accessed at a remote location or at a business location of the rental company outside of that location’s regular hours of operation. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2189&sess=1112

 

 

– Regarding discrimination and religious dress or grooming:

 

** AB 1964; Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation.

 

Specifically, an employer or other covered entity is required to reasonably accommodate the religious belief or observance of an individual unless the accommodation would be an undue hardship on the conduct of the business of the employer or other entity.

 

This bill would include a religious dress practice or a religious grooming practice as a belief or observance covered by the protections against religious discrimination, and would specify that an accommodation of an individual’s religious dress practice or religious grooming practice that would require that person to be segregated from the public or other employees is not a reasonable accommodation.

 

This bill would further provide that no accommodation is required if an accommodation would result in the violation of specified laws protecting civil rights.

 

This bill would incorporate additional changes in Section 12926 of the Government Code, proposed by AB 2386, to be operative only if AB 2386 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1964&sess=1112

 

 

– Regarding sexual orientation therapy:

 

** SB 1172; Existing law provides for licensing and regulation of various professions in the healing arts, including physicians and surgeons, psychologists, marriage and family therapists, educational psychologists, clinical social workers, and licensed professional clinical counselors.

 

This bill would prohibit a mental health provider, as defined, from engaging in sexual orientation change efforts, as defined, with a patient under 18 years of age.

 

The bill would provide that any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject the provider to discipline by the provider’s licensing entity.

 

The bill would also declare the intent of the Legislature in this regard. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1172&sess=1112

 

 

– Regarding drivers, text messages, and hands-free devices:

 

** AB 1536; Existing law prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, except as specified.

 

This bill would remove that prohibition if the person is using an electronic wireless communications device that is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1536&sess=1112

 

 

– Regarding health insurance standards:

 

** AB 1453; Commencing January 1, 2014, existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a health insurance issuer that offers coverage in the small group or individual market to ensure that such coverage includes the essential health benefits package, as defined.

 

PPACA requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers.

 

PPACA defines a qualified health plan as a plan that, among other requirements, provides an essential health benefits package. Existing state law creates the California Health Benefit Exchange (the Exchange) to facilitate the purchase of qualified health plans by qualified individuals and qualified small employers by January 1, 2014.

 

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime.

 

Existing law requires health care service plan contracts to cover various benefits.

 

This bill would require an individual or small group health care service plan contract issued, amended, or renewed on or after January 1, 2014, to cover essential health benefits, which would be defined to include the health benefits covered by particular benchmark plans.

 

The bill would prohibit treatment limits imposed on these benefits from exceeding the corresponding limits imposed by the benchmark plans and would generally prohibit a plan from making substitutions of the benefits required to be covered.

 

The bill would specify that these provisions apply regardless of whether the contract is offered inside or outside the Exchange but would provide that they do not apply to grandfathered plans, specialized plans, or Medicare supplement plans, as specified.

 

The bill would prohibit a health care service plan from issuing, delivering, renewing, offering, selling, or marketing a plan contract as compliant with the federal essential health benefits requirement satisfies the bill’s requirements.

 

The bill would authorize the Department of Managed Health Care to adopt emergency regulations implementing these provisions until March 1, 2016, and would enact other related provisions.

 

These provisions would only be implemented to the extent essential health benefits are required pursuant to PPACA.

 

The bill would provide that it shall become operative only if SB 951 is also enacted. Because a willful violation of the bill’s provisions with respect to health care service plans would be a 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. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1453&sess=1112

 

 

** SB 951; Commencing January 1, 2014, existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a health insurance issuer that offers coverage in the small group or individual market to ensure that such coverage includes the essential health benefits package, as defined.

 

PPACA requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers.

 

PPACA defines a qualified health plan as a plan that, among other requirements, provides an

essential health benefits package. Existing state law creates the California Health Benefit Exchange (the Exchange) to facilitate the purchase of qualified health plans by qualified individuals and qualified small employers by January 1, 2014.

 

Existing law provides for the regulation of health insurers by the Department of Insurance and requires health insurance policies to cover various benefits.

 

This bill would require an individual or small group health insurance policy issued, amended, or renewed on or after January 1, 2014, to cover essential health benefits, which would be defined to include the health benefits covered by particular benchmark plans.

 

The bill would prohibit treatment limits imposed on these benefits from exceeding the corresponding limits imposed by the benchmark plans and would generally prohibit an insurer from making substitutions of the benefits required to be covered.

 

The bill would specify that these provisions apply regardless of whether the policy is offered inside or outside the Exchange but would provide that they do not apply to grandfathered plans or plans that cover excepted benefits, as specified.

 

The bill would prohibit a health insurer, when issuing, delivering, renewing, offering, selling, or marketing a policy, from indicating or implying that the policy covers essential health benefits unless the policy covers essential health benefits as provided in the bill.

 

The bill would authorize the Department of Insurance to adopt emergency regulations implementing these provisions until March 1, 2016, and enact other related provisions.

 

These provisions would only be implemented to the extent essential health benefits are required pursuant to PPACA.

 

The bill would provide that it shall become operative only if AB 1453 is also enacted. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_951&sess=1112

 

 

– Regarding access to birth control:

 

** AB 2348; Existing law, the Nursing Practice Act, authorizes a registered nurse to dispense drugs or devices upon an order by a licensed physician and surgeon if the nurse is functioning within a specified clinic.

 

This bill would, in addition, authorize a registered nurse to dispense specified drugs or devices upon an order issued by a certified nurse-midwife, nurse practitioner, or physician assistant if the nurse is functioning within a specified clinic.

 

The bill would also authorize a registered nurse to dispense or administer hormonal contraceptives in strict adherence to specified standardized procedures. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2348&sess=1112

 

 

– Regarding Nonsurgical Abortions:

 

** SB 623; Under existing law, the Office of Statewide Health Planning and Development approves, establishes minimum guidelines for, and performs on site visitations for specified types of evaluation of health workforce projects.

 

Existing law also requires the office to collect and make public the data an approved project generates.

 

Existing law prohibits the office from approving a project for beyond a specified period unless a specified determination is made.

 

This bill would require the office to extend the duration of Health Workforce Pilot Project No. 171 through January 1, 2014, to provide the sponsors of the project an opportunity to achieve publication of the data collected during the project in a peer-reviewed journal, among other specified purposes. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_623&sess=1112

 

 

– Regarding employers and Social Media:

 

** AB 1844; Existing law generally regulates the conduct of employers in the state.

 

This bill would prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media.

 

This bill would also prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions.

 

Under existing law, the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement in the Department of Industrial Relations, is required to establish and maintain a field enforcement unit to investigate specified violations of the Labor Code and other labor laws and to enforce minimum labor standards.

 

Existing law authorizes, and under specified circumstances requires, the Labor Commissioner to investigate employee complaints of violations of the Labor Code, provide for a hearing, and determine all matters arising under his or her jurisdiction.

 

This bill would provide that the Labor Commissioner is not required to investigate or determine any violation of a provision of this bill. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1844&sess=1112

 

 

– Regarding landlords and online rent payments:

 

** SB 1055; Existing law provides that a landlord or a landlord’s agent may not demand or require cash as the exclusive form of payment of rent or deposit of security, except as specified.

 

This bill would provide that, except as specified, a landlord or landlord’s agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.

 

The bill would define the term “electronic funds transfer” for these purposes. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1055&sess=1112

 

 

– Regarding Internet phone service:

 

** SB 1161; Under existing law, the Public Utilities Commission has regulatory

authority over public utilities, including telephone corporations, as defined.

 

This bill would, until January 1, 2020, prohibit the commission from regulating Voice over Internet Protocol (VoIP) and Internet Protocol enabled service (IP enabled service), as defined, except as required or delegated by federal law or expressly provided otherwise in statute.

 

The bill would prohibit any department, agency, commission, or political subdivision of the state from enacting, adopting, or enforcing any law, rule, regulation, ordinance, standard, order, or other provision having the force or effect of law, that regulates VoIP or other IP enabled service, unless required or delegated by federal law or expressly authorized by statute.

 

The bill would specify certain areas of law that are expressly applicable to VoIP and IP enabled service providers.

 

The bill would provide that its limitations upon the commission’s regulation of VoIP and IP enabled services do not affect the commission’s existing authority over non-VoIP and other non-IP enabled wireline or wireless service and do not affect the enforcement of any state or federal criminal law or local ordinances of general applicability that apply to the conduct of business, the California Environmental Quality Act, or a local utility user tax, among other things. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1161&sess=1112

 

 

– Regarding homemade food sales:

 

** AB 1616; Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law), requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act.

 

The Sherman Law makes it unlawful to manufacture, sell, deliver, hold, or offer for sale any food that is misbranded.

 

Food is misbranded if its labeling does not conform to specified federal labeling requirements regarding nutrition, nutrient content or health claims, and food allergens.

 

Violation of this law is a misdemeanor.

 

The existing California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health.

 

Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code.

 

That law exempts private homes from the definition of a food facility, and prohibits food stored or prepared in a private home from being used or offered for sale in a food facility.

 

That law also requires food that is offered for human consumption to be honestly presented, as specified.

 

A violation of these provisions is a misdemeanor.

 

This bill would include a cottage food operation, as defined, that is registered or has a permit within the private home exemption of the California Retail Food Code.

 

The bill would also exclude a cottage food operation from specified food processing establishment and Sherman Law requirements.

 

This bill would require a cottage food operation to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales and would subject a cottage food operation to inspections under specified circumstances. The bill would require a food facility that serves a cottage food product without packaging or labeling to identify it as homemade.

 

The bill would establish various zoning and permit requirements relating to cottage food operations.

 

This bill would incorporate additional changes in Section 113789 of the Health and Safety Code, proposed by AB 2297, to be operative only if AB 2297 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.

 

By imposing duties on local officials and adding new crimes, this bill would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

 

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1616&sess=1112

 

 

– Regarding project labor agreements:

 

** SB 829; Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities and authorizes a public entity to use, enter into, or require contractors to enter into, a project labor agreement for a construction project if the agreement includes specified taxpayer protection provisions.

 

Existing law also provides that if a charter provision, initiative, or ordinance of a charter city prohibits the governing board’s consideration of a project labor agreement for a project to be awarded by the city, or prohibits the governing board from considering whether to allocate funds to a city-funded project covered by such an agreement, state funding or financial assistance may not be used to support that project, as specified.

 

This bill would additionally provide that if a charter provision, initiative, or ordinance of a charter city prohibits, limits, or constrains in any way the governing board’s authority or discretion to adopt, require, or utilize a project labor agreement that includes specified taxpayer protection provisions for some or all of the construction projects to be awarded by the city, state funding or financial assistance may not be used to support any construction projects awarded by the city, as specified. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_829&sess=1112

 

 

– Regarding violating the public trust:

 

** AB 2410; Existing law prescribes various eligibility and procedural requirements for a person to become a candidate for elective office.

 

This bill would prohibit the consideration of a person as a candidate for, and would provide that the person is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes.

 

The bill would provide that “conviction of a felony” includes a conviction of a felony in this state and a conviction under the laws of any other state, the United States, or any foreign government or country of a crime that, if committed in this state, would be a felony, and for which the person has not received a pardon from the Governor of this state, the governor or other officer authorized to grant pardons in another state, the President of the United States, or the officer of the foreign government or country authorized to grant pardons in that foreign jurisdiction. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2410&sess=1112

 

 

– Regarding tribal-state gaming:

 

** AB 517; Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state.

 

The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.

 

Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.

 

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, 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.

 

This bill would ratify the tribal-state gaming compact entered into between the State of California and the Federated Indians of Graton Rancheria, executed on March 27, 2012. The bill would provide that, in deference to tribal sovereignty, certain actions may not be deemed projects for purposes of CEQA.

 

By imposing additional duties on a lead agency with regard to the implementation of CEQA requirements, this bill would increase the service provided by a local agency, thereby creating 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 bill would declare that it is to take effect immediately as an urgency statute. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_517&sess=1112

 

 

– Regarding natural gas pipelines and safety:

 

** AB 578; Under existing law, the Public Utilities Commission has regulatory

authority over public utilities.

 

The Public Utilities Act authorizes the commission to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements, or services to be furnished, imposed, observed, and followed by specified public utilities, including gas corporations.

 

Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable.

 

The Natural Gas Pipeline Safety Act of 2011 designates the commission as the state authority responsible for regulating and enforcing intrastate gas pipeline transportation and pipeline facilities pursuant to federal law, including the development, submission, and administration of a state pipeline safety program certification for natural gas pipelines.

 

When the federal National Transportation Safety Board (NTSB) submits a safety recommendation letter concerning gas pipeline safety to the commission, this bill would require the commission, within 90 days, to provide the NTSB with a formal written response to each recommendation stating: (1) the commission’s intent to implement the recommendations in full, with a proposed timetable for implementation of the recommendations, (2) the commission’s intent to implement part of the recommendations, with a proposed timetable for implementation of those recommendations, and detailed reasons for the commission’s refusal to implement those recommendations that the commission does not intend to implement, or (3) the commission’s refusal to implement the recommendations, with detailed reasons for the commission’s refusal to implement the recommendations.

 

When the NTSB issues a safety recommendation letter concerning any commission-regulated gas pipeline facility to the United States Department of Transportation, the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), a gas corporation, or to the commission, or the PHMSA issues an advisory bulletin concerning any commission-regulated gas pipeline facility, the bill would require the commission to determine if implementation of the recommendation or advisory is appropriate and further require that the basis for the commission’s determination be detailed in writing and be approved by a majority vote of the commission.

 

If the commission determines that a safety recommendation made by the NTSB is appropriate or that action concerning an advisory bulletin by the PHMSA is necessary, the bill would require that the commission issue orders or adopt rules to implement the safety recommendations or advisory as soon as practical and to consider whether a more effective, or equally effective and less costly, alternative exists to address the safety issue that the

recommendation or advisory addresses.

 

The bill would require the commission to include a detailed description of any action taken on an NTSB safety recommendation, or to implement an advisory bulletin, in a specified annual report the commission is required to make to the Legislature.

 

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.

 

Because this bill would require the commission to issue orders or adopt rules to implement any safety recommendation by the NTSB relative to natural gas pipeline safety that the commission determines to be appropriate and a violation of these orders or rules would be a 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. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_578&sess=1112

 

 

– Regarding solar thermal power plants:

 

** AB 1073; (1) Existing law vests the State Energy Resources Conservation and Development Commission with the exclusive jurisdiction to certify thermal powerplants.

 

Under the California Environmental Quality Act (CEQA), the certification of a thermal powerplant is a certified regulatory program and is therefore exempt from certain requirements of CEQA.

 

A thermal powerplant does not include a solar photovoltaic electrical generating facility.

 

However, existing law provides that the thermal powerplant certification process applies to owners of specified proposed solar thermal powerplants who are proposing to convert the proposed facility from solar thermal technology to solar photovoltaic technology if the proposed solar thermal powerplant project has been certified by the commission.

 

Existing law provides that the thermal powerplant certification process does not apply to the proposed conversion if the certification of the proposed solar thermal powerplant was timely challenged.

 

This bill would provide that the thermal powerplant certification process would apply to a proposed conversion of a solar thermal powerplant that was timely challenged if the challenge was subsequently dismissed by the California Supreme Court.

 

(2) This bill would declare that it is to take effect immediately as an urgency statute. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1073&sess=1112

 

 

– Regarding high school athletics and the California High School Coaching Education and Training Program:

 

** AB 1451; Existing law states the intent of the Legislature to establish a California High School Coaching Education and Training Program, administered by school districts, that emphasizes specified components, including, among other things, training, which is described as certification in cardiopulmonary resuscitation and first aid.

 

This bill would include a basic understanding of the signs and symptoms of concussions and the appropriate response to concussions within the description of training. The bill would authorize concussion training to be fulfilled through entities offering free, online, or other types of training courses. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1451&sess=1112

 

 

– Regarding pupil records and privacy rights:

 

** AB 733; Existing law prohibits a school district from permitting access to pupil records to any person without written parental consent or judicial order, except as provided.

 

This bill would make various changes to these pupil record provisions to conform them to federal law, except as specified. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_733&sess=1112

 

 

– Regarding elder, dependent adult abuse, and reporting:

 

** AB 40; The Elder Abuse and Dependent Adult Civil Protection Act establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse.

 

The act requires certain persons, called mandated reporters, to report known or suspected instances of elder or dependent adult abuse.

 

The act requires a mandated reporter, and authorizes any person who is not a mandated reporter, to report the abuse to the local ombudsman or the local law enforcement agency if the abuse occurs in a long-term care facility.

 

Failure to report physical abuse and financial abuse of an elder or dependent adult under the act is a misdemeanor.

 

This bill would require that, if the suspected abuse results in serious bodily injury, as defined, a mandated reporter make a telephone report to report suspected or alleged physical abuse, as defined, that occurs in a long-term care facility, to the local law enforcement agency, immediately, and no later than within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse.

 

The bill would require that a written report be made to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse.

 

The bill would require that, if the suspected abuse does not result in serious bodily injury, a mandated reporter make a report by telephone and in writing within 24 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse, as specified.

 

Existing law authorizes a mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated occurred in a state mental hospital or a state developmental center to report to the designated investigator of the State Department of State Hospitals or the State Department of Developmental Services or to a local law enforcement agency or to the local ombudsman.

 

This bill would delete the local ombudsman from the list of persons to whom the mandated reporter may report under these circumstances.

 

This bill would authorize a person who is not a mandated reporter to report suspected or alleged abuse that occurred in a long-term care facility to both a long-term care ombudsman program or local law enforcement agency.

 

 

This bill would incorporate additional changes to Section 15630 of the Welfare and Institutions Code proposed by SB 1051, to be operative only if SB 1051 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last.

 

By changing the scope of an existing crime, this bill would impose a state-mandated local program. By increasing the duties of local officials, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

 

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_40&sess=1112

 

 

– Regarding sexually violent predators and evaluations:

 

** SB 760; Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified.

 

Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals.

 

If the evaluators agree, then a petition for civil commitment may be filed.

 

Existing law specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right by the attorney petitioning for commitment to demand a jury trial and request the State Department of State Hospitals to perform updated evaluations.

 

If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, existing law authorizes this attorney to request the State Department of State Hospitals to perform replacement evaluations. Existing law defines when an evaluator is no longer available to testify for this purpose.

 

This bill would include, with a specified exception, an independent professional or state employee who has served as the evaluator who has resigned or retired and has not entered into a new contract to continue as an evaluator in the case within the definition of an evaluator who is no longer available to testify.

 

This bill would declare that it is to take effect immediately as an urgency statute. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_760&sess=1112

 

 

– Regarding credit union services:

 

** AB 2006; Existing law prohibits an officer, director, committee member, or employee of a credit union from extending any benefit or service of the credit union to any person, unless that person is admitted to membership in the credit union.

 

Existing law also prohibits a credit union from creating any obligation with a person who is not admitted to membership in the credit union, except as specified. A knowing or willful violation of these provisions is a crime, as specified.

 

This bill would authorize a credit union to sell, to a natural person in the field of membership, regardless of whether the person is admitted to membership, checks, as defined, and other similar money transfer instruments, including domestic and international electronic funds transfers.

 

The bill would authorize a credit union to cash checks and other similar money transfer instruments and to receive international and domestic electronic fund transfers for those persons.

 

The bill would also authorize a credit union to charge a fee for providing these services, not to exceed the cost of providing the services. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2006&sess=1112

 

 

– Regarding sex offenders:

 

 

** AB 1835, Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California.

 

Willful failure to register, as required, is a misdemeanor or a felony, depending on the underlying offense.

 

Existing law authorizes access to all relevant records pertaining to a registered sex offender for, among others, a probation officer authorized and trained to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO).

 

This bill would additionally authorize access to relevant records pertaining to a registered sex offender to a sex offender management professional certified by the California Sex Offender Management Board, who is authorized to administer the SARATSO but who was trained pursuant to a different provision of law. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1835&sess=1112

 

 

– Regarding prostitution, human trafficking, and expungement:

 

** AB 2040, Existing law authorizes the court, upon petition from a person who has reached 18 years of age, to seal all records relating to the person’s case in the custody of a juvenile court if the person has not been subsequently convicted of a felony or misdemeanor involving moral turpitude, and if rehabilitation has been attained to the satisfaction of the court.

 

This bill would provide that a person who was adjudicated a ward of the court for the commission of a violation of specified provisions prohibiting prostitution may petition a court to have his or her records sealed as these records pertain to the prostitution offenses without showing that he or she has not been subsequently convicted of a felony or misdemeanor involving moral turpitude, or that rehabilitation has been attained, as provided.

 

The bill would specify that the relief provided by the bill would not apply to a person who paid money, or attempted to pay money, to any person for the purposes of prostitution, and would also specify that the provisions of the bill apply to convictions and adjudications that occurred before and after the effective date of the bill. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2040&sess=1112

 

 

– Regarding state militia.

 

** SB 807; Existing law provides that the Governor is the Commander in Chief of the Militia of the State. Existing law authorizes the Governor to order the active militia or any portion of the militia to perform military duty of every description, as described.

 

This bill would specify that the state active duty force consists of service members in active state service when ordered by the Governor.

 

This bill would specify and revise conditions for state active duty for service members, as provided, and would authorize the Adjutant General to promulgate regulations in conformity with these provisions.

 

Existing law authorizes the Governor to make rules and regulations in conformity with the Military and Veterans Code that conform as nearly as practicable to those governing the United States Army, United States Air Force, and United States Navy.

 

This bill would instead require the Governor to direct the Adjutant General to make those rules and regulations.

 

Existing law specifies the membership of the office of the Adjutant General, including one officer who may be of the rank of brigadier general who is the Assistant Adjutant General. Existing law specifies that the Assistant Adjutant General is subordinate only to the Governor and the Adjutant General, and specifies 2 officers who may be of the rank of brigadier general, one of whom is the Deputy Adjutant General, Army Division and the other who is the Deputy Adjutant General, Air Division.

 

This bill would revise the ranks of officers in that office, by providing instead for one officer who may be of the rank of brigadier general who is the Deputy Adjutant General, and would require his or her duties to be assigned by the Adjutant General.

 

This bill would, with regard to the Deputies Adjutant General, described above, provide for 2 officers who may be of the rank of brigadier general, one who is the Assistant Adjutant General, Army, and the other who is the Assistant Adjutant General, Air.

 

This bill would also specify one officer who is the Chief of Staff and Director of the Joint Staff.

 

Existing law requires the Governor to appoint the Adjutant General.

 

Existing law provides that the Adjutant General receives the same pay and allowances as received by a lieutenant general in the Army of the United States.

 

This bill would require the Governor to appoint the Adjutant General on state active duty in the grade of lieutenant general, and would make conforming changes to that provision relating to the pay and benefits of the Adjutant General.

 

Under existing law, in the event of the absence of the Adjutant General or of his inability to perform his duties, the officer designated by the Adjutant General or the senior officer in the Adjutant General’s office performs those duties.

 

This bill would instead specify that those duties are to be performed by the Deputy Adjutant General or other officer designated by the Adjutant General. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_807&sess=1112

 

 

– Regarding state water policy.

 

** AB 685; Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water.

 

This bill would declare that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.

 

The bill would require all relevant state agencies, including the Department of Water Resources, the State Water Resources Control Board, and the State Department of Public Health, to consider this state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and grant criteria are pertinent to the uses of water described above. **

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_685&sess=1112

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Many more new California laws or more information regarding the many new California laws are at the following Official California Legislative Information websites:

 

http://www.leginfo.ca.gov/

 

http://www.leginfo.ca.gov/pdf/BillsEnactedReport2012.pdf

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** Maps Were Made By ZachNews Using Google Earth. **

 

 

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