Bill Text: CA AB748 | 2009-2010 | Regular Session | Amended
Bill Title: Department of Veterans Affairs: consolidation of
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-08-02 - Withdrawn from committee. Re-referred to Com. on RLS. [AB748 Detail]
Download: California-2009-AB748-Amended.html
BILL NUMBER: AB 748 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2010
INTRODUCED BY Assembly Member Gilmore
FEBRUARY 26, 2009
An act to amend Section 11055 of the Health and Safety
Code, relating to controlled substances. An act to add
Section 64.5 to the Military and Veterans Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 748, as amended, Gilmore. Controlled substances:
3,4-Methylenedioxymethamphetamine. Department of
Veterans Affairs: consolidation of services to veterans.
Existing law establishes the Department of Veterans Affairs within
state government and sets forth its powers and duties, including,
but not limited to, administration of veterans benefits programs.
Existing law establishes the California Veterans Board within the
department and sets forth its powers and duties, including, but not
limited to, its power to determine operational policy for the
department.
This bill would establish the California Veterans Services and
Workforce Development Division within the Department of Veterans
Affairs for the purpose of coordinating and administering veterans
assistance programs in the state, and would require the division to
perform various functions and duties relating to the coordination and
administration of veterans assistance programs, as specified. The
bill would require the administrative and support staff responsible
for the administration of the specified programs to be transferred
from the Employment Development Department to the division, and would
require the costs of the transfer to utilize existing resources of
the Department of Veterans Affairs.
Existing law classifies controlled substances into 5 schedules and
places the greatest restrictions and penalties on the use of those
substances placed in Schedule I, including prohibiting the
prescribing of any Schedule I controlled substance and permitting the
prescription of any Schedule II controlled substance only pursuant
to a written prescription containing certain information, as
specified. The drug 3,4-Methylenedioxymethamphetamine, also known as
MDMA, Ecstasy, XTC, E, X, Beans, or Adams, is a synthetic drug
possessing stimulant and hallucinogenic properties that is not
classified within any of the schedules under the state controlled
substances law, but is classified as a Schedule I drug under the
federal controlled substances law.
This bill would classify the drug
3,4-Methylenedioxymethamphetamine within Schedule II of the state
controlled substances law. By expanding the scope of existing
Schedule II crimes to also apply to this drug, this bill would impose
a state-mandated local program upon local governments.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares the following:
(a) California has the largest veteran population in the nation,
comprised of an estimated 2 million veterans. Each month, thousands
of military personnel are released from active service and face
tremendous challenges transitioning back into civilian life.
(b) The challenges military veterans face are compounded by a
complex system of veteran assistance programs that is difficult to
navigate.
(c) The United States Department of Veterans Affairs expended
approximately $6 billion in California in the 2005 federal fiscal
year. Of that amount, $2.66 dollars was in disability payments
(compensation and benefits) to veterans. The states that have the
largest veteran populations in the nation are California, Florida,
and Texas. Texas veterans have collected 44 percent more disability
benefits than the amount collected by California veterans.
(d) Increasing disability benefit participation in California in
an amount that would approach the national average could generate an
additional $330 million in annual payments to California veterans.
(e) It is the intent of the Legislature in enacting this act to
consolidate the veterans assistance programs and their dedicated
staff as identified in Section 64.5 of the Military and Veterans
Code, as added by this act, within the California Veterans Services
and Workforce Development Division of the Department of Veterans
Affairs.
SEC. 2. Section 64.5 is added to the
Military and Veterans Code , to read:
64.5. (a) The California Veterans Services and Workforce
Development Division is hereby established within the department for
the purpose of coordinating and administering veterans assistance
programs in the state. The Secretary of Veterans Affairs shall have
authority over the division.
(b) The division shall do all of the following:
(1) Coordinate with other state agencies that provide benefits and
assistance to veterans to ensure that information about veterans
assistance programs and benefits is made available to all state
agencies that serve veterans in the state.
(2) Administer the Transition Assistance Program (TAP) and the
Disabled Veterans' Outreach Program (DVOP), and oversee the duties of
Local Veterans' Employment Representatives (LVER) as prescribed
under the federal Jobs for Veterans State Grants program, in
cooperation with the Employment Development Department (EDD). The
division shall work with staff from the EDD to develop a plan whereby
responsibility for the administration of TAP, DVOP, and LVER shall
be transferred from the EDD to the division. The development of the
plan shall be completed on or before April 1, 2011.
(3) Ensure that other state agencies and officials that are
involved in the implementation and administration of veterans
services programs are informed when any changes in existing programs
are required, or new programs are established that provide assistance
and benefits to veterans, and require that those agencies and
officials report to the division when those changes occur or new
programs are established.
(4) Coordinate with staff from other state agencies, including,
but not limited to, the Labor and Workforce Development Agency, the
Employment Training Panel, the California Workforce Investment Board,
the State Department of Mental Health, the Department of General
Services, the State Department of Alcohol and Drug Programs, and
representatives of the University of California, the California State
University, and the California Community Colleges with regard to the
provision of veterans services and benefits.
(c) (1) In complying with this section, all administrative and
support staff responsible for the administration of the DVOP, TAP,
and LVER shall be transferred from the EDD to the division.
(2) Any costs associated with the implementation of these
transfers shall utilize existing resources of the Department of
Veterans Affairs, as the operational cost of these programs utilizes
funding from the Jobs for Veterans State Grant program, as prescribed
within the United States Department of Labor.
SECTION 1. Section 11055 of the Health and
Safety Code is amended to read:
11055. (a) The controlled substances listed in this section are
included in Schedule II.
(b) Any of the following substances, except those narcotic drugs
listed in other schedules, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by combination of extraction and
chemical synthesis:
(1) Opium, opiate, and any salt, compound, derivative, or
preparation of opium or opiate, with the exception of naloxone
hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone
hydrochloride), but including the following:
(A) Raw opium.
(B) Opium extracts.
(C) Opium fluid extracts.
(D) Powdered opium.
(E) Granulated opium.
(F) Tincture of opium.
(G) Apomorphine.
(H) Codeine.
(I) Ethylmorphine.
(J) Hydrocodone.
(K) Hydromorphone.
(L) Metopon.
(M) Morphine.
(N) Oxycodone.
(O) Oxymorphone.
(P) Thebaine.
(2) Any salt, compound, isomer, or derivative, whether natural or
synthetic, of the substances referred to in paragraph (1), but not
including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation
of coca leaves, but not including decocainized coca leaves or
extractions which do not contain cocaine or ecgonine.
(5) Concentrate of poppy straw (the crude extract of poppy straw
in either liquid, solid, or powder form which contains the
phenanthrene alkaloids of the opium poppy).
(6) Cocaine, except as specified in Section 11054.
(7) Ecgonine, whether natural or synthetic, or any salt, isomer,
derivative, or preparation thereof.
(c) Opiates. Unless specifically excepted or unless in another
schedule, any of the following opiates, including its isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of those isomers, esters, ethers, and salts is
possible within the specific chemical designation, dextrorphan and
levopropoxyphene excepted:
(1) Alfentanyl.
(2) Alphaprodine.
(3) Anileridine.
(4) Bezitramide.
(5) Bulk dextropropoxyphene (nondosage forms).
(6) Dihydrocodeine.
(7) Diphenoxylate.
(8) Fentanyl.
(9) Isomethadone.
(10) Levoalphacetylmethadol, also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This
substance is authorized for the treatment of narcotic addicts under
federal law (see Part 291 (commencing with Section 291.501) and Part
1308 (commencing with Section 1308.01) of Title 21 of the Code of
Federal Regulations).
(11) Levomethorphan.
(12) Levorphanol.
(13) Metazocine.
(14) Methadone.
(15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl
butane.
(16) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid.
(17) Pethidine (meperidine).
(18) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine.
(19) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate.
(20) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid.
(21) Phenazocine.
(22) Piminodine.
(23) Racemethorphan.
(24) Racemorphan.
(25) Sufentanyl.
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its
optical isomers.
(2) Methamphetamine, its salts, isomers, and salts of its isomers.
(3) Dimethylamphetamine (N,N-dimethylamphetamine), its salts,
isomers, and salts of its isomers.
(4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine), its
salts, isomers, and salts of its isomers.
(5) Phenmetrazine and its salts.
(6) Methylphenidate.
(7) Khat, which includes all parts of the plant classified
botanically as Catha Edulis, whether growing or not, the seeds
thereof, any extract from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or extracts.
(8) Cathinone (also known as alpha-aminopropiophenone,
2-aminopropiophenone, and norephedrone).
(9) 3,4-Methylenedioxymethamphetamine.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Amobarbital.
(2) Pentobarbital.
(3) Phencyclidines, including the following:
(A) 1-(1-phenylcyclohexyl) piperidine (PCP).
(B) 1-(1-phenylcyclohexyl) morpholine (PCM).
(C) Any analog of phencyclidine which is added by the Attorney
General by regulation pursuant to this paragraph.
The Attorney General, or his or her designee, may, by rule or
regulation, add additional analogs of phencyclidine to those
enumerated in this paragraph after notice, posting, and hearing
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The Attorney General
shall, in the calendar year of the regular session of the Legislature
in which the rule or regulation is adopted, submit a draft of a
proposed bill to each house of the Legislature which would
incorporate the analogs into this code. No rule or regulation shall
remain in effect beyond January 1 after the calendar year of the
regular session in which the draft of the proposed bill is submitted
to each house. However, if the draft of the proposed bill is
submitted during a recess of the Legislature exceeding 45 calendar
days, the rule or regulation shall be effective until January 1 after
the next calendar year.
(4) Secobarbital.
(5) Glutethimide.
(f) Immediate precursors. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(A) Phenylacetone. Some trade or other names: phenyl-2 propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone.
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine.
(B) 1-piperidinocyclohexane carbonitrile (PCC).
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
