Legislation
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Go To: 2010 - 2011 - 2012
2012 Legislation
SB 632 - Marriage and Family Therapists: SB 632 is a clean-up measure to SB 363 (Chapter 384, Statutes of 2011) to clarify that the requirement for marriage and family therapist trainees to be enrolled in a practicum course to counsel clients, if that period of lapse enrollment is less than 90 days, would only be applied to trainees who begin graduate study on or after August 1, 2012.
SB 1045 - Metal Theft Damages: Metal theft is still prevalent throughout California and poses serious harm to public health and safety. It also results in millions of dollars of damage to both public and private property. To address this issue, SB 1045 would prohibit a junk dealer or recycler from possessing fire hydrants, manhole covers, and backflow devices without written certification from the public agency or utility that owned the material. Any junk dealer or recycler in violation of this provision would be held civilly liable for unlawful possession of these items. This bill would enable a public agency or utility to recoup repair and replacement costs for the stolen items as well as be awarded by the court exemplary damages of three times the actual damages as a deterrent to metal theft.
SB 1076 - Under Inflated Tire Program: The California Air Resource Board enacted a mandatory Under Inflated Tire program on September 1, 2010. This regulation requires automotive service providers to inflate their customers’ tires using a tire pressure gauge that must be accurate within a range of 2 pounds per square inch. This was a significant compromise that was reached between the industry and the ARB. SB 1076 will codify the accuracy standards for the air pressure gauges to assure the industry that these particular standards will stay put.
SB 1145 - Animal Fighting: SB 1145 seeks to increase fines on individuals who are involved in animal fighting. The fine under current law for being a participant in an animal fight, excluding dogs, or holding an animal fighting event is $5,000. Likewise, for the owner/trainer of a bird or other animal intended to be used in a fight the fine is also $5,000. SB 1145 would double these fines to $10,000. Additionally, for individuals who possess the implements known as gaffs or slashers that are attached to a bird in a cockfight, this bill seeks to increase the fines from $5,000 to $10,000. Furthermore, cockfighting occurs and continues to be a problem because people are willing to pay money to attend these events. Therefore, SB 1145 would also increase the fine on spectators from $1,000 to $5,000.
SB 1164 - Professional Liability Insurance: SB 1164 would simply extend the sunset date on Insurance Code Section 678.3. That section was added in 2005 (AB 1123) to provide a qualified immunity to professional liability insurers for statements made in the nonrenewal of a policy of a health care provider. This protection promotes open and honest communications made to the insured and should continue to be preserved. The original legislation was drafted to sunset in 2011 and then it was extended to January 1, 2013 (SB 119).
SB 1215 - Optometry: Currently, when optometrists retire from practice, they can either request to be placed on inactive status and pay a biennial fee to the Board of Optometry or allow their license to expire. If they allow the license to expire, the Board will label their license status as delinquent until the license is cancelled after three years, implying that they are noncompliant with the Board's licensing requirements. This bill would provide these licensed professionals with the option of obtaining a retired license allowing the licensee to only pay a one-time fee and avoid the improper status of delinquent. In addition, SB 1215 would establish a retired license with volunteer designation enabling retired optometrists to provide optometric services without compensation at health fairs, vision screenings, and public service eye programs. Lastly, this bill will clarify the law by defining temporary practice.
SB 1342 - Real Estate Fraud fees: Since 1995 each county has the option to charge a minor recording fee for certain real estate documents, with the proceeds to be distributed to qualifying local law enforcement and prosecutors to fight real estate fraud. Revenues from the recording fees rise and fall with the vagaries of the real estate market, yet law enforcement costs have escalated over time and now surpass revenues, even in the best years. This bill will allow each county the option of charging a recording fee of up to $10 per document (instead of the current $3) and add to the types of recordable documents considered “real estate instruments” subject to the real estate fraud prosecution fee.
SB 1387 - Metal Theft: Theft of fire hydrants, manhole covers, and backflow devices has significantly increased in recent years and the theft of these metal devices can seriously threaten public health and safety. To address the metal theft epidemic, SB 1387 would prohibit a junk dealer or recycler from possessing fire hydrants, manhole covers, and backflow devices without written certification from the public agency or utility that owned the material. As a result, this bill would relieve junk dealers or recyclers from the responsibility of determining whether or not any of these three items are stolen since they will no longer be eligible for recycling without an appropriate certification. Failure to comply with this provision would result in a criminal fine of up to $3,000.
SB 1406 - Executive Appointments: Joint Powers Authority: This bill contains two provisions that would provide State Fund with necessary tools to attract and retain industry experts to remain in its mandated role as a viable, competitive option for California employers. Allowing them to add additional exempt positions would provide State Fund’s Board of Directors the discretion to hire the highly skilled specialized experts and executives State Fund needs to be competitive with other insurers and provide lower costs and better service to California’s employers. Furthermore, allowing them to enter into a joint powers authority (JPA) would bring them in line with other government agencies’ ability to do the same. Participating in JPA’s would allow them to collaborate on projects that serve interests the agencies have in common, potentially realizing significant cost savings.
SB 1441 - Realignment: Realignment was enacted partially in response to a federal court order that required California to reduce the prison population by 33,000 prisoners. However, under the Governor’s realignment plan, 52,000 offenders convicted of one or more crimes punishable as felonies will be shifted from state prison to local jails by 2013-14. This population shift is a 40% increase over what was required by the court order. SB 1441 will require felons who received a sentence of over three years to serve out their time in state prisons, reducing the overcrowding of prisoners that is straining our jail system.
Go To: 2010 - 2011 - 2012
2011 Legislation
SCA 6 - Two-Year Budget Cycle: This constitutional amendment will create a two-year budget cycle. The first year of the legislative session will be devoted to the state budget and fiscal oversight of state programs. In the second year of session, legislators will be able to introduce and debate all non-budget legislation.
SCA 13 - Pension Reform: This constitutional amendment would address the abusive practices of public employee pension systems and reform the structure of these systems to ensure that they are actuarially sound and sustainable. SCA 13 includes cost controls, such as a pension cap, as well as provisions to end pension spiking and other abusive practices.
SCA 14 – Spending Cap: SCA 14 will better manage state spending by creating a limit for future expenditures based on economic indicators and previous spending levels. Beginning in 2013-14, revenues above the limit would be dedicated to paying off the state’s substantial budgetary debt, such as education deferrals, economic recovery bonds, and funds borrowed from local government. It is important to note that Proposition 98, funding for K-14 education, would be protected under the spending cap.
SB 125 - Chronic Toll Violators: SB 125 would authorize law enforcement officials to impound a vehicle that is registered to a chronic toll violator until all outstanding tolls and all required penalties are paid to the issuing agency. This measure will ensure more timely payments of delinquent tolls and penalties to the California tolling authority that issued the violations.
SB 127 - Worker’s Compensation Fee Schedule: SB 127 would require the Division of Workers’ Compensation to annually update the Current Procedural Terminology (CPT) codes for physician services in the Official Medical Fee Schedule (OMFS) in order for their codes to remain current. This bill will improve communication between providers treating injured workers and Workers’ Compensation payors as to the medical treatment performed and billed.
SB 156 - New Hire Tax Credit: In 2009, $400 million was set aside in the budget to allow small businesses with 20 or fewer employees to earn a $3,000 tax credit for every new employee hired. To date, less than $40 million has been utilized for this program, leaving over $360 million still available. SB 156 is a job-creating measure that will stimulate the economy by offering a $3,000 tax credit to small businesses for each new full-time employee hired.
SB 211 - Under Inflated Tire program: The California Air Resource Board enacted a mandatory Under Inflated Tire program on September 1, 2010. This regulation requires automotive service providers to inflate their customers’ tires using a tire pressure gauge that must be accurate within a range of 2 pounds per square inch (psi). SB 211 will codify the accuracy standards for the air pressure gauges to assure the automotive service industry that these psi standards will remain in effect.
SB 279 - Public Storage Facilities: Under current law, if an owner of a public storage facility enforces a lien on an occupant’s property for delinquency in paying rent, the owner is required to provide public notice to the community in a newspaper of general circulation of an upcoming lien sale. SB 279 is a clean-up measure to AB 655 (2009-10) that would clarify public notice requirements regarding a lien sale of property at a self-storage facility.
SB 316 - Meal and Rest Period: This bill is a clean-up measure to AB 569 (2009-10), which allowed specified employees to follow the terms of their collectively bargained agreement as it relates to meal and rest periods. SB 316 would add employees in the transportation industry, as defined, to the list of employees exempt from the meal and rest provisions.
SB 363 - Marriage and Family Therapists: This bill will clarify and amend supervision and experience requirements for those seeking licensure as a Marriage and Family Therapist.
SB 431 - Pharmacies: This bill contains provisions that would provide the Board of Pharmacy with additional tools to improve consumer protection as well as ensure the proper return and disposal of unwanted, unused or expired prescription drugs.
SB 780 - Driving Under the Influence (DUI) penalties: Currently, our DUI penalties are not strict enough for repeat offenders. This important measure would improve public safety by strengthening the penalties for people who repeatedly drive under the influence of alcohol.
SB 848 - Court of Appeals: This bill would reorganize the court of appeal districts into 7 districts. Currently, the 4th Appellate District consists of the Counties of San Diego, Orange, Imperial, San Bernardino, Inyo and Riverside. SB 848 would remove the Counties of San Bernardino, Inyo, and Riverside from the 4th Appellate District and create a 7th Appellate District consisting of those counties. The 7th Appellate District would consist of one division of 7 judges and would hold its regular sessions in the San Bernardino/Riverside area.
Go To: 2010 - 2011 - 2012
2010 Legislation
AB 456 - Dental Diversion Program: This legislation would amend statutes that govern the Dental Board of California's diversion program to allow the Board's enforcement unit to be notified when a licensee participating in the diversion program is terminated due to non-compliance. The purpose of this program is to identify and rehabilitate licensees whose competency may be impaired due to drug and alcohol abuse so that these licensees may be treated and returned to the practice of dentistry in a manner that will not endanger public safety. This notification is necessary as this information could be used for subsequent disciplinary action by the Board.
AB 569 - Meal and Rest Periods: AB 569 is an important first step towards providing flexibility for businesses when dealing with meal and rest period rules. This measure would allow unionized transportation and paratransit companies with a valid collective bargaining agreement to negotiate flexible terms for the timing of meal periods because current law significantly restricts the freedom of drivers to decide for themselves when they can take their meal periods. Furthermore, AB 569 would allow individuals in the construction and security industries and employees of electrical and gas corporations with valid collective bargaining agreement to also negotiate their meal periods.
AB 655 - Public Storage Facilities: AB 655 makes several changes to the California Self-Service Storage Facility Act. Current law permits self storage operators to regain possession of the storage unit and dispose of any contents when the occupants do not pay the rent; however, it does contain some flaws. To strengthen this Act, this bill would clarify the Declaration of Opposition to Lien Sale and give self storage operators the authority to file suit in small claims court. This would reduce expensive court costs that both operators and occupants incur by filing suit in superior court, which is required under current law.
AB 718 - Health Care Coverage: HIPPA Rates: Current law requires health plans and insurance carriers to sell HIPAA products to federally eligible individuals; however, the law is unclear on how HIPAA rates are to be set. This legislative proposal will address this ambiguity by adopting a single standard formula for determining a weighted average that will be applied for all PPO HIPAA products offered in California.
AB 1730 - Peer Review Committees: Many health care organizations, such as the California Association of Marriage and Family Therapists (CAMFT), conduct peer reviews of their members and when warranted, may suspend membership or impose disciplinary action. These acts must be taken in good faith after a reasonable investigation in order for the peer review member to be released from liability. While licensed marriage and family therapists are included in the law’s definition of “professional society,” it is not mentioned in other relevant parts of the statute. AB 1730 will correct this oversight by specifically including marriage and family therapists in Civil Code Section 43.7 to ensure that they are clearly protected from liability for their peer review activities.
AB 1746 - Architects: Continuing Education: SB 1608 (2007-08) required California architects to take continuing education, but only in disability access. Under SB 1608, architects have to give the California Architects Board documentation on the continuing education courses they took. This bill would instead require architects to certify that they took the required courses, retain the coursework documentation form for two years, and require the Architects Board to verify compliance through random audits. By changing the reporting requirements for existing law, the California Architects Board will be able to manage this program in a more efficient manner, saving the Architects Board money.
AB 1815 - Vehicles: NASCAR License Plates: This bill would establish a NASCAR license plate that would benefit clean air in California by using a portion of the proceeds from the license plate to allow the Bureau of Automotive Repairs to buy gross polluting vehicles and take them off our roads.
AB 2191 - Retired Licensure: Currently, when marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors retire from practice, they can either request to be placed on inactive status and pay a fee every two years to the California Board of Behavioral Sciences or allow the license to expire. If the they allow the license to expire, the board will label their license status as delinquent until the license is cancelled implying that they are noncompliant with the Board's licensing requirements. This bill would provide these licensed professionals with the option of obtaining a retired license allowing the licensee to only pay a one time fee and avoid the improper status of delinquent.
AB 2300 - Genetic Counselors: Temporary Licensure: Genetic counselors are health care professionals with significant training and expertise in genetics who ensure the delivery of high quality genetics services. In 2000, SB 1364 was enacted to provide for genetic counselor practice and license provisions that are codified in Sections 124980 and 124981 of Title 17 in the California Code. However, regulations implementing these sections of law were never issued, because the original legislation lacked a temporary license provision. This bill would create a temporary licensure provision, which would allow graduates with a genetic counseling degree to work in California under the supervision of a licensed genetic counselor of physician until they take the certification exam.
AB 2333 - Sanctuary Cities: Illegal Immigrants: Sanctuary cities are municipalities that do not use its resources or funds to assist federal authorities with immigration laws. In cases where a sanctuary city has a policy of not handing over suspected illegal immigrants to federal authorities, this bill would prohibit these sanctuary cities from releasing suspected illegal immigrants who have committed a crime to other counties.
AB 2461 - Amnesty Program: This bill is a clean-up measure to AB 619 (2007-08), which set up an amnesty program for improperly titled or registered specially constructed vehicles. Under current law the Bureau of Automotive Repair (BAR) does not feel they have the authority to implement the Air Resources Board recommended procedure for testing amnesty vehicles which involves conducting a tailpipe emissions smog test at the level current model year vehicles are required to meet. AB 2461 would give BAR clear legal authority to implement certain provisions of the amnesty program.
AB 2630 - Income Tax Credit: Currently, small businesses with 20 or fewer employees are eligible for a $3,000 tax credit for each new full-time hire. AB 2630 would expand the number of businesses that qualify for the tax credit to those who employ 50 or fewer employees instead of the 20 under current law. This bill has no effect on the state's General Fund, as it is an expansion of an existing program.
ACR 115 - Safe Digging Month: ACR 115 declares April safe digging month and encourages excavators and homeowners throughout California to call 811 before digging. Underground Service Alert of Southern California is one of two regional notification centers in California which provides advanced warning to excavators of any existing subsurface installations in order to avoid damage to underground utility lines, as well as to avoid serious accidents which occur when sub-surface natural gas or electrical lines are ruptured.
ACR 128 - School Recycling Programs: ACR 128 encourages schools to implement recycling programs as it will improve their overall way of doing business by reducing disposal costs and increase efficiency in school operations. In addition, this resolution will promote awareness of resources available to assist school districts with operating a recycling program.
Go To: 2010 - 2011 - 2012
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