Existing law, as added and amended by various initiatives, including Proposition 7, approved by the voters at the November 7, 1978, statewide general election, provides for imposition of the death penalty for murder in the first degree if certain special circumstances are proved. Proposition 7 may only be amended by the Legislature by a statute that becomes effective only when approved by the electors. This bill would abolish the death penalty, and provide instead for imprisonment in the state prison for life without the possibility of parole. The bill would provide that, where a defendant or inmate was sentenced to death prior to the date of voter approval of the bill, upon voter approval of the bill, the defendant's or inmate's sentence would automatically be converted to life imprisonment without the possibility of parole. The bill would require persons sentenced pursuant to the provisions of the bill to work in a maximum security prison for the term of their imprisonment, as specified. The bill would state findings and declarations of the Legislature regarding the death penalty. The bill would provide that it would only become effective if certain of its provisions are submitted to and approved by the electors at the November 6, 2012, statewide general election.
The Public Schools Accountability Act of 1999 requires the Superintendent of Public Instruction to develop an Academic Performance Index (API) , which measures the performance of schools and the academic performance of pupils and consists of a variety of indicators, including pupil scores from a list of specified tests. The results of those specified tests constitute 60% of the value of the API. This bill, commencing with the 2012–13 fiscal year, would require the Superintendent, in consultation with the State Board of Education, to incorporate various indicators into the API, including high school graduation rates, rates by which pupils complete a course of study at an achievement level that fulfills the requirements and prerequisites for admission to California public institutions of postsecondary education, and rates by which pupils complete a course of study that provides the skills and knowledge necessary to attain entry-level employment in business or industry when they graduate from high school. Existing law requires the Superintendent to establish an advisory committee to advise the Superintendent and the state board on the creation of the API and to make related recommendations. This bill would require the advisory committee to make recommendations relative to implementing the requirements imposed by this bill. The advisory committee also would be required to develop recommendations for the inclusion of multiple measures in the API of middle and junior high schools.
Existing law requires a county welfare department to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft. If the consumer disclosure reveals any negative items or evidence that identity theft has occurred, existing law requires the county welfare department to refer the youth to an approved organization that provides services to victims of identity theft. Existing law requires the department to develop a list of approved organizations for this purpose, in consultation with the County Welfare Directors Association and others. This bill would revise these provisions to require the county welfare department or the State Department of Social Services to ascertain whether identity theft may have occurred under the described circumstances. The bill would authorize the county welfare department and the State Department of Social Services to refer the matter to a governmental agency or nonprofit organization that provides information and assistance to victims of identity theft. The bill would authorize the governmental agency or nonprofit organization to take remedial actions to clear the youth's credit record and to report the results to the county welfare department or the State Department of Social Services. The bill would require the Office of Privacy Protection, in consultation with the State Department of Social Services and other specified entities, to develop a list of governmental agencies and nonprofit organizations to which these matters may be referred for assistance in responding to an instance of suspected identity theft.
(1) Existing law, the Electronic Waste Recycling Act of 2003, requires a retailer selling a covered electronic device in this state to collect a covered electronic waste recycling fee from the consumer, as specified. These fees are deposited in the Electronic Waste Recovery and Recycling Account, and the Department of Resources Recycling and Recovery (CalRecycle) is continuously appropriated the money in the account to, among other things, make electronic waste recovery payments and recycling payments. CalRecycle is authorized to make these payments only if certain conditions are met. A violation of the act is a crime. This bill would define the terms "electronic waste" and "electronic device" and would additionally require, as a condition of CalRecycle making those payments, that CalRecycle determine that the recycler has demonstrated to the Department of Toxic Substances Control that all electronic waste handled by the recycler making the claim has been managed in a specified manner, among other things. (2) Existing law requires a person who exports covered electronic waste, or a covered electronic device intended for recycling or disposal, to a foreign country, or to another state for ultimate export to a foreign country, to comply with specified notification requirements and make specified demonstrations. Existing law exempts from these requirements a component part of a covered electronic device that is exported and reused or recycled. The bill would revise the requirements imposed on exportation to additionally include a person who exports electronic waste or a previously used electronic device and would also include, in the provision, an export intended for reuse. The bill would impose a state-mandated local program by creating a new crime. The bill would repeal the existing exemption for exportation of component parts that are reused or recycled and would instead require the department to adopt regulations exempting materials or component parts of electronic waste or previously used electronic devices that meet certain conditions. The bill would also make conforming changes to reference to CalRecycle. (3) 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.
(1) Existing law establishes the California School Finance Authority, and authorizes the authority to issue revenue bonds to finance a single or series of projects or financing of working capital for a single or several participating parties, defined as a school district, charter school, county office of education, or community college district that undertakes the financing or refinancing of a project or of working capital, or a joint venture school facility construction project. This bill would authorize the authority to issue revenue bonds to refinance those projects. (2) The Charter Schools Act of 1992 (Charter Schools Act) specifies the procedures for the submission, review, and approval or denial of a petition to establish a charter school. The Charter Schools Act limits the duration of charters to a period not to exceed 5 years and authorizes the chartering authority to grant one or more subsequent renewals for an additional period of 5 years. The Charter Schools Act prescribes the requirements a charter school must meet in order to have its charter renewed, including a requirement that a charter school that has been in operation for 4 years satisfy at least one of several specified criteria regarding academic performance. This bill would change the criteria a charter school is required to meet in order to have its charter renewed. The bill would authorize a charter school not meeting the renewal criteria to apply to the State Board of Education for a determination of academic eligibility for the renewal of its charter by submitting supporting evidence to the state board and the Superintendent of Public Instruction. The bill would require the charter school to submit a copy of the application and supporting evidence to its charter authorizer. The bill would require the Superintendent and authorize the charter authorizer to make a recommendation to the state board on the application. The bill would require the state board to issue a positive determination of academic eligibility if the state board finds that the charter school clearly demonstrates that the academic performance of the school's pupils builds an expectation that the pupils will continue to improve academically and have the opportunity to be successful in college or career. A charter renewal based on a determination of academic eligibility would be granted for only 3 years. The bill also would make a conforming change. (3) Existing law establishes the Charter School Facility Grant Program to provide assistance with facility rent and lease costs for pupils in charter schools, and states the intent of the Legislature that not less than $18,000,000 annually be appropriated for purposes of the program. Eligibility for a grant is based on the percentage of pupils who are eligible for free and reduced-price meals and are enrolled in the charter school or reside in the attendance area of, or are enrolled in, the public elementary school where the charter school is physically located. Eligible schools receive up to $750 per unit of average daily attendance for a maximum of 75% of the annual facilities rent and lease costs for the charter school. Funds appropriated for purposes of the program are prohibited from being apportioned for units of average daily attendance generated through nonclassroom-based instruction, as defined, or for a school that does not comply with conditions or limitations set forth in regulations adopted by the state board. This bill would increase the amount eligible schools receive to $800 per unit of average daily attendance. The bill would require eligibility for this grant program to be expanded if funds remain after charter schools that meet the existing free and reduced-price meals threshold are funded. The bill would remove the prohibition against funding for units of average daily attendance that do not comply with conditions or limitations set forth in regulations, and would allow eligibility to be expanded, as specified, for charter schools that generate units of average daily attendance through nonclassroom-based instruction if the school operates facilities that provide direct instruction and support to enrolled pupils. The bill would require a charter school offering nonclassroom-based instruction and applying for funding to identify in apportionment reports the proportion of time pupils in the school are scheduled to receive classroom-based instruction.
Existing law requires that, as a precondition to receiving a technology grant administered by the State Department of Education, a school district shall have a current 3- to 5-year education technology plan, unless this requirement is waived by the State Board of Education. Existing law also requires the Superintendent of Public Instruction to develop guidelines and criteria for inclusion in the education technology plan, including a component to educate pupils and teachers on specified topics. This bill would expand that list of topics to include the prevention of, and legal consequences for, cyberbullying, the active use of content control software, and the responsible use by pupils of mobile communication technology. The bill would exempt from compliance with this requirement a school district that, on July 1, 2012, has a 3- to 5-year education technology plan until that plan expires or is voluntarily replaced, at which time the school district would be subject to the requirement. The bill would also require that the additional topics of the prevention of, and legal consequences for, cyberbullying, the active use of content control software, and the responsible use by pupils of mobile communication technology, be implemented only to the extent that state or federal funds are appropriated for those topics. The bill would make other conforming changes.
Existing law, the Small Business Procurement and Contract Act, requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill would, on and after July 1, 2012, authorize the Department of General Services to direct all state agencies, departments, boards, and commissions to establish the goal to achieve 25% small business participation in state procurements and contracts each fiscal year, to ensure that the state's procurement and contract processes are administered in order to meet or exceed the goal, and to report to the Director of General Services statistics regarding small business participation in the agency's procurements and contracts. The bill would also authorize the Department of General Services to establish policies and procedures to monitor the progress of the agencies toward meeting the goal of 25% small business participation and to provide this information to the Office of Small Business Advocate.The bill would further authorize the Department of General Services to require a state agency, department, board, or commission that has not achieved its fiscal year goal to submit an implementation and corrective action plan, and to submit a plan every year thereafter as long as that agency fails to meet or exceed the goal. The bill would also authorize the department to establish criteria for such a plan, as specified. The bill would authorize the department to undertake reasonable means to assist agencies in improving small business participation in their contracting.
Existing law authorizes the clerk of the court, in a county with a population of 900,000 or more, to employ as many foreign language interpreters as are necessary to interpret in criminal and juvenile cases, and to translate documents intended for filing in any civil or criminal action or proceeding or for recordation in the county recorder's office, as specified. Existing law authorizes an interpreter so employed to collect from the litigants a specified fee for his or her services, and to deposit the fee into the county treasury. This bill would recast these provisions to authorize the clerk of the court to employ as many foreign language interpreters as may be necessary to interpret cases in the superior court, and to translate documents as specified. The bill would require the clerk of the court to assign interpreters when needed to interpret in criminal and juvenile delinquency cases in the superior court, and in civil cases if an assignment can be made without causing the court to be unable to perform its obligations in criminal proceedings. The bill would delete the authorization for the collection of a fee.
The California Constitution requires meetings of public bodies to be open to public scrutiny. This measure would also include in the California Constitution the requirement that each public body provide public notice of its meetings and disclose any action taken.
(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and private, independent institutions of higher education as the 4 segments of postsecondary education in this state. Existing law establishes a higher education accountability program under which the University of California, the California State University, and the California Community Colleges are required to prepare a list of reports on a regular basis and submit them to the Legislature and to state agencies. Under the program, the California Postsecondary Education Commission (CPEC) is required to submit annually a higher education report to the Legislature and the Governor that provides information on significant indicators of the performance of public colleges and universities. This bill would repeal the existing higher education accountability program and require the state to establish a new accountability framework for achieving prescribed educational and economic goals. The bill would require the Governor to convene a task force by July 1, 2012, to review the framework and recommend a set of overarching goals for the state's higher education institutions, as specified. The bill would urge the task force to consider issues that include 6 statewide policy questions. The bill would require the task force to report to the Legislature and the Governor on the recommended statewide goals and indicators of progress for higher education, as specified. (2) Existing law requires the 3 public segments of postsecondary education to present annual statistical reports on transfer patterns via the CPEC to the Governor and the Legislature. This bill would repeal this requirement.
Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. A violation of these provisions is a crime. Existing law defines a general acute care hospital as a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. This bill would provide that, for the purposes of licensing, dietary services may be provided either at the hospital or in another hospital immediately adjacent to the hospital as long as dedicated facilities are in place to accommodate the delivery of these services and the department determines that all applicable statutory and regulatory standards pertaining to dietary services have been met. By expanding the definition of a crime, this bill imposes 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 incorporate additional changes in Section 1250 of the Health and Safety Code, proposed by SB 177, to be operative only if SB 177 and this bill are both chaptered and become operative before January 1, 2012, and this bill is chaptered last.
The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. Existing law authorizes cities and counties to permit eligible nonprofit organizations to conduct bingo games and remote caller bingo games, as defined, for charitable purposes pursuant to an ordinance that allows those games to be conducted in accordance with specified requirements. Existing law sets forth a model ordinance for a city, county, or city and county to authorize remote caller bingo, and prohibits an organization from conducting remote caller bingo more than 2 days per week. Existing law requires an organization authorized to conduct remote caller bingo games to provide at least 30 days' advance written notice of its intent to conduct a remote caller bingo game. This bill additionally would permit a city, county, or city and county to amend an existing local ordinance that allows bingo games to be conducted within that jurisdiction, by resolution, to permit the conduct of remote caller bingo games pursuant to that ordinance, as specified. The bill would include among those organizations eligible to conduct remote caller bingo a charitable organization affiliated with a community college district. The bill would prohibit an organization from conducting remote caller bingo more than 2 days per week, but would permit an organization to hold one additional game, at its election, in each calendar quarter. The bill would require an organization authorized to conduct remote caller bingo games to provide at least 10 days' advance written notice of intent to conduct a remote caller bingo game on a form prescribed by the city, county, or city and county, and to provide notice within 24 hours if the location of the remote caller bingo game changes. The bill also would repeal the model ordinance. Existing law requires the California Gambling Control Commission to regulate remote caller bingo, including licensure and operation. Among other things, any person who conducts a remote caller bingo game and any person who manufactures or otherwise provides equipment for use in the playing of a remote caller bingo game are required to be licensed. Existing law also requires the commission to approve all equipment used for remote caller bingo in advance, to monitor operation of the transmission and other equipment used for remote caller bingo, and to monitor the game. This bill would delete all state licensure requirements for the conduct of remote caller bingo, and would, instead, require an organization that is eligible to conduct remote caller bingo games to register annually with the Department of Justice, as specified. The bill would require the department to maintain a registry on its Internet Web site of all organizations registered to conduct remote caller bingo. The bill would authorize the department to charge an annual registration fee of $100, to be deposited into the California Bingo Fund, to cover the department's actual costs to administer and enforce these provisions, and would authorize the department to adopt regulations. The bill would also authorize the department to require an organization licensed to conduct remote caller bingo or a management company contracted by a licensed organization to conduct remote caller bingo on behalf of a nonprofit organization to register a copy of any local bingo license with the department. The bill would permit a fee to be charged to cover the cost of the registration requirement and would require that registration information be made available to the public upon request. The bill would make other technical and conforming changes relating to the duties of the Department of Justice and the commission, including setting forth procedures for a city, county, or city and county, as the local licensing entity, to obtain a background check from the department. The bill would delete the requirement that the commission approve all equipment used for remote caller bingo in advance, but would require the city, county, or city and county to monitor operation of the transmission and other equipment used for remote caller bingo and to monitor the game. The bill would authorize the department to audit the books and records of a licensed organization or a management company contracted by a licensed organization to conduct remote caller bingo at any time and to charge a fee for the audit. The bill would require the audit information to be made available to the public upon request. To ensure continuity of remote caller bingo games, this bill would, until June 1, 2012, authorize a city, county, or city and county to recognize a state license, work permit, or approval of equipment that was issued by the commission and effective on June 30, 2011, as specified. The bill would permit an authorized organization to contract with a management company to provide business services, but would require the organization to give notice of the contract to the city, county, or city and county and to meet other requirements, as specified. The bill would require the live, physical calling and broadcast of a remote caller bingo game to be conducted from a jurisdiction that authorizes by local ordinance the conduct of remote caller bingo games. This bill would make additional changes relating to the requirements for cosponsoring remote caller bingo games, and would simplify other procedures and requirements applicable to the conduct of remote caller bingo games. Under existing law, any violation of the remote caller bingo provisions described above is a misdemeanor, punishable as specified. This bill would expand the scope of an existing crime by imposing different requirements for the conduct of remote caller bingo, thereby creating a state-mandated local program. Existing law requires the California Gambling Control Commission to submit a report to the Legislature, on or before January 1, 2012, on the fundraising effectiveness and regulation of remote caller bingo. A loan from the Gambling Control Fund to the California Bingo Fund for the startup costs relating to remote caller bingo is required to be repaid within 5 years after the date of the loan. This bill would delete that reporting requirement, and would delete the requirement that the startup loan be repaid within 5 years. Existing law permits players who are physically present at a bingo game to use hand-held, portable card-minding devices, as specified, that are approved prior to use by the California Gambling Control Commission. Additionally, the commission is required to license persons or entities that manufacture, supply, or service card-minding devices and related equipment, and may inspect and prohibit the use of any card-minding devices that are noncompliant. Existing law requires the commission to adopt regulations concerning remote caller bingo and card-minding devices. This bill would repeal these provisions relating to card-minding devices and the duties of the commission. 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.
