The California Public Employees' Pension Reform Act of 2013 (PEPRA) , on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes certain new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan. PEPRA provides, for purposes of determining a retirement benefit paid to a person who first becomes a member of a public retirement system on or after January 1, 2013, that final compensation means the highest average annual pensionable compensation earned during a period of at least 36 consecutive months, or at least 3 consecutive school years. This bill would make a nonsubstantive change to that provision.
Existing law, the California Uniform Controlled Substances Act, classifies certain opioids, including fentanyl, as Schedule II drugs and generally prohibits the possession, sale, transportation, and use of these substances. This bill would state the intent of the Legislature to enact legislation related to fentanyl.
Existing law provides for the licensing and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, by the State Department of Health Care Services. This bill would make technical, nonsubstantive changes to a related provision.
Existing law establishes in the Natural Resources Agency the Department of Water Resources, which is under the control of the Director of Water Resources. Existing law provides for the appointment of the director by the Governor, subject to confirmation by the Senate. This bill would make nonsubstantive changes to that provision.
Existing law establishes the Department of Insurance, headed by the Insurance Commissioner, which regulates insurers and insurance practices in the state pursuant to the Insurance Code. Under existing law, if a provision of the code or the application of a provision to a person or circumstance is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances, is not affected. This bill would make technical, nonsubstantive changes to that provision governing invalidity and the application of the code.
Existing law requires each county to have a board of supervisors consisting of 5 members and requires that no more than 3 members be elected at the same general election. This bill would make nonsubstantive changes to those provisions.
Existing law authorizes the governing board of a school district to initiate and carry on any program, activity, or to act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which school districts are established. This bill would make nonsubstantive changes to that provision.
Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of their parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA, and requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. Existing law also provides an Indian child's tribe and Indian custodian with the right to intervene at any point in an Indian child custody proceeding. This bill would make a technical, nonsubstantive change to that provision regarding a right to intervene.
Existing law requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law authorizes the department, among other powers, to prohibit an aquaculture operation or the culturing of any species at any location where it is determined it would be detrimental to adjacent native wildlife. Existing law also authorizes the Fish and Game Commission to regulate the taking, collecting, harvesting, gathering, or possession of kelp for purposes other than profit. This bill would declare the intent of the Legislature to enact subsequent legislation to consider innovative new approaches to permitting efficiency and thereby encourage sustainable shellfish and seaweed operations and marine restoration projects. The bill would also make related findings and declarations.
Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation. Existing law, inoperative on July 1, 2013, requires the State Department of Alcohol and Drug Programs to administer and award grants to counties, based on an approved plan, to supplement funding provided under the above-described act for the purpose of funding substance abuse testing for eligible offenders. This bill would make technical, nonsubstantive changes to one of those provisions.
Under existing law, parties to actions or proceedings are entitled to their costs, as specified. Except to the extent attorney's fees are specifically provided for by statute, existing law requires the measure and mode of compensation of attorneys and counselors at law to be left to the agreement, express or implied, of the parties. Existing law provides for the award of costs, including attorney's fees, to successful defendants in certain cases where the court finds that the proceeding was not brought in good faith. This bill would require a court, whenever a defendant prevails in a civil action, to award reasonable attorney's fees to a prevailing defendant against the plaintiff upon a finding by the court that the plaintiff's prosecution of the action was not in good faith.
Existing law, the California Tourism Marketing Act, requires the Office of Tourism to establish the California Travel and Tourism Commission, as a separate, independent California nonprofit mutual benefit corporation, for the purpose of promoting tourism in California, as specified. Existing law creates a board of commissioners to direct the commission and imposes eligibility requirements on commissioners. Existing law requires commissioners to be professionally active in the tourism industry and have their primary business, trade, or profession be directly related to the tourism industry. Existing law requires a commissioner to automatically cease to be a commissioner after 90 days if the commissioner ceases to meet those requirements and does not become eligible again within the 90 days. This bill would extend the period that the commissioner will serve as a commissioner upon ceasing to meet the eligibility criteria from 90 days to 100 days.
