Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. Existing law requires an operator, before the legal start date and time of the excavation, to locate and field mark, within the area delineated for excavation, its subsurface installations. Existing law, commencing July 1, 2020, establishes a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation, as defined, that is valid for one year from the date of issuance and eligible for renewal. Existing law requires this process to include onsite meetings to develop a mutually agreed-upon plan. Existing law prescribes liability for failure to comply with these processes. This bill would require a court to award attorney's fees and costs, including expert witness fees, to a prevailing party in a civil action or arbitration for specified damages arising from the excavation and arising between an operator of a subsurface installation and an excavator. The bill would apply certain procedures relating to offers to compromise to these civil actions and arbitrations. The bill would also authorize a court or arbitrator to consider offers of settlement exchanged between the parties, as specified, for purposes of determining an attorney's fees and costs, including expert witness fees, award.
Sponsored bills
Existing law authorizes every person who qualifies under the California Constitution and who complies with certain provisions governing the registration of electors to vote at any election held within the territory within which the person resides and the election is held. This bill would instead require a person who qualifies and is registered to vote to cast a ballot, marked or unmarked in whole or in part, at every election held within the territory within which the person resides and the election is held. The bill would require the Secretary of State to enforce this requirement.
Existing law generally prescribes the procedure for the prosecution of persons arrested for committing a crime, including pleadings, bail, pretrial proceedings, trial, judgment, sentencing, and appeals. Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, among other things, relief based on the use of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. This bill would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would allow a writ of habeas corpus to be prosecuted on the basis of that prohibition. The bill would require the prosecution to disclose, pursuant to a written request, all evidence relevant to a potential violation of that prohibition. By expanding the duties of local prosecutors, the bill would impose a state-mandated local program. The bill would require a court that finds a violation of that prohibition to dispose of the case against the defendant as specified. The bill would apply its provisions to commitments in the juvenile justice system. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This measure would declare March 5, 2020, as Family Justice Center Day in California and would recognize the lifesaving and hope-giving work of the California Family Justice Center Network and its member Family Justice Centers as they work with rape crisis centers, domestic violence shelters, human trafficking agencies, prosecutors' offices, law enforcement agencies, and other professionals and community-based organizations to ensure that adult and child survivors of trauma can access all of their services in one setting.
This measure would recognize March 7, 2020, as California Arbor Day, and would urge California residents to observe the day with appropriate tree-planting activities and programs.
Existing law makes it a misdemeanor to, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten another person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of specified actual or perceived characteristics of the victim, including disability, gender, religion, race, or sexual orientation. Existing law also makes it a misdemeanor to knowingly deface, damage, or destroy the real or personal property of another person for the purpose of intimidating or interfering with the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the same actual or perceived characteristics of the victim. This bill would make the above crimes punishable either as a misdemeanor or as a felony, to be served in county jail for 18 months, or 2 or 3 years. By increasing the punishment for 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.
This measure would memorialize the achievements of Rosa Parks in the Civil Rights Movement and would commemorate the 20th Anniversary of Rosa Parks Day in California on February 4, 2020.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the Superintendent of Public Instruction, on or before February 20 of each year, to make a first principal apportionment of funds and, on or before July 2 of each year, to make a 2nd principal apportionment of funds to each local educational agency. This bill, commencing with the 2021–22 fiscal year, would authorize a county office of education or school district to apply each fiscal year to the Superintendent for supplemental education funding. The bill would require a local educational agency to receive as supplemental education funding the difference between what the local educational agency would have received under the local control funding formula based on the number of pupils enrolled for an academic semester or quarter, as applicable, and what the local educational agency received under the local control funding formula based on average daily attendance for that fiscal year. In order for a local educational agency to be eligible for supplemental educational funding, the bill would require the local educational agency to report to the Superintendent at the start of each academic semester or quarter, as applicable, the number of pupils enrolled for the academic semester or quarter. The bill would condition implementation of these provisions upon the appropriation of funds for these purposes in the annual Budget Act or other statute.