Existing law establishes a comprehensive statewide domestic violence program in the California Emergency Management Agency (Cal EMA) and requires the agency to provide financial and technical assistance to local domestic violence centers. Existing law requires the Maternal and Child Health Branch of the State Department of Public Health to administer a comprehensive shelter-based services grant program to battered women's shelters, as prescribed. This bill would, among other things, require Cal EMA to administer the above-described grant program. This bill would require the Department of Finance, upon the enactment of this bill, to transfer $16,300,000 from the Alternative and Renewable Fuel and Vehicle Technology Fund to the General Fund as a loan. The bill would require the full amount of the loan to be repaid, with interest at the rate earned by the Pooled Money Investment Account at the time of the transfer, on or before June 30, 2013. The bill would appropriate $16,300,000 from the General Fund to Cal EMA for the purpose of funding the above-described comprehensive shelter-based services grant program to shelters for victims of domestic violence. This bill would require grantees funded under the above-described grant program, during the 2008–09 fiscal year, to be funded by Cal EMA for a period of one fiscal year, retroactively, commencing July 1, 2009. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
The California Stem Cell Research and Cures Act, an initiative measure approved by the voters at the November 2, 2004, general election (Proposition 71) , establishes the California Institute for Regenerative Medicine (CIRM) , the purpose of which is, among other things, to make grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies, protocols, and medical procedures that will result in the cure for, or substantial mitigation of, diseases and injuries. This bill would create the California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 to establish stem cell and biotechnology education and workforce development as a state priority and to promote stronger links among industry sectors, the CIRM, and California public schools. The bill would require the State Department of Education to post certain information on its Internet Web site, including the CIRM model curriculum on stem cell science, and to communicate to science teachers and school districts the availability of this curriculum.
Existing law authorizes a school district to enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, or corporation, pursuant to specified provisions. This bill would additionally authorize a school district to enter into leases and agreements relating to real property and buildings to be used jointly by the district and a local governmental agency, as defined.
(1) Existing law establishes the California Education Information System, which consists of the California Longitudinal Pupil Achievement Data System (CALPADS) and the California Longitudinal Teacher Integrated Data Education System (CALTIDES) . Existing law requires that data elements and codes included in the California Education Information System be maintained in compliance with specified provisions of law. This bill would additionally require that data elements and codes included in the California Education Information System be maintained in compliance with any other applicable federal or state law that can be interpreted as protecting the privacy and confidentiality of individual pupils or certificated personnel. (2) Existing law prohibits data in CALTIDES from being used either solely or in conjunction with data from CALPADS for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or any other employment decisions related to individual teachers. This bill would delete this prohibition. The bill would prohibit data in CALTIDES from being used in violation of any federal or state law that is intended to protect an individual's right to privacy or the confidentiality of an individual's personal information. (3) Existing law requires the State Chief Information Officer to convene a working group representing specified entities to create a strategic plan to link education data systems and to accomplish specified objectives relating to the accessibility of education data. The State Chief Information Officer is required to deliver this strategic plan to the Legislature and the Governor no later than September 1, 2009. This bill would require the plan to identify specific procedures and policies that would facilitate the sharing and transfer of data, and would change the date the plan is required to be delivered to the Legislature and the Governor to January 1, 2010. The bill additionally would authorize these provisions to be implemented using federal grant funds received pursuant to the American Recovery and Reinvestment Act of 2009 through that act's provision of funds for statewide data systems under the federal Education Technical Assistance Act. (4) Existing law requires the State Department of Education under CALPADS to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data. Existing law requires local educational agencies to retain individual pupil records for each test taker, including other data elements deemed necessary by the Superintendent, with approval of the State Board of Education, to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001. This bill would, prior to the implementation of these provisions with respect to adding data elements to CALPADS for the purpose of complying with the American Recovery and Reinvestment Act of 2009, require the department to submit an expenditure plan to the Department of Finance, as specified. The bill would require the Department of Finance to provide to the Joint Legislative Budget Committee a copy of the plan within 10 days of receipt. The bill also would make technical and clarifying changes.
(1) Existing law requires all manufacturers of ignition interlock devices that meet specified requirements and are certified in a manner approved by the Department of Motor Vehicles, that intend to market the devices in this state, to first apply to the department on forms provided by the department and to pay an accompanying fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out those provisions. This bill would require a manufacturer and a manufacturer's agent, certified by the department to provide ignition interlock devices, to provide each year to the department information on the number of false positives and the time to reset the device. The bill would also require the department to use this information in evaluating the continued certification of an ignition interlock device. (2) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2016, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would prohibit the implementation of the pilot program if the department fails to obtain, by January 31, 2010, nonstate funds for the programming costs of the pilot program. The bill would set up a statutory scheme under which the department would, with regard to the installation of an ignition interlock device described above, notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. The bill would also require that manufacturers and manufacturer's agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender's ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program. On or before January 1, 2015, the department would be required to report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time driving under the influence violations and repeat offenses in those counties. (3) This bill would require that it become operative only if SB 598 of the 2009–10 Regular Session becomes operative on or before January 1, 2010. (4) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime. (5) 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.
Existing law prohibits any person with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, from making or disseminating or causing to be made or disseminated before the public in this state, or in any state, any statement concerning that property or those services that is untrue or misleading, and that is known to be untrue or misleading, or for any person to make or disseminate or cause to be made or disseminated a statement as part of a plan or scheme with the intent not to sell that property or those services so advertised at the price stated. A violation of these provisions is a crime, punishable by specified penalties, and a violation of those provisions is subject to specified civil liability. This bill would, on and after December 1, 2010, make it unlawful for any business making an automatic renewal, as defined, or continuous service, as defined, offer to a consumer in this state to, among other things, fail to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, charge the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and to fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill would require the business to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The bill would declare the intent of the Legislature in this regard. The bill would provide that in any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a purchase, without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. A violation of the bill's provisions would not be a crime, but would be subject to enforcement by any available civil remedies, except as specified. The bill would exempt certain services and businesses from its provisions.
Existing law requires the Governor to proclaim certain days each year for specified reasons. Existing law also designates particular days each year as having special significance in public schools and educational institutions and encourages those entities to conduct suitable commemorative exercises on those dates. This bill would provide that the Governor proclaim May 22 of each year as Harvey Milk Day, and would designate that date as having special significance in public schools and educational institutions and would encourage those entities to conduct suitable commemorative exercises on that date. This bill would incorporate amendments to Section 37222 of the Education Code proposed by both this bill and AB 264, which would become operative only if both bills are enacted and become effective and this bill is chaptered last.
Existing law defines specified terms used in provisions of law related to instructional materials, including technology-based materials. Existing law defines technology-based materials as basic or supplemental instructional materials that are designed as learning resources and that require the availability of electronic equipment in order to be used. However, the technology-based materials do not include the electronic equipment required to make use of those materials. This bill would revise the definition of technology-based materials to specify that they may include the electronic equipment required in order to use them if that equipment is to be used by pupils and teachers as a learning resource. This bill would provide that its provisions not be construed to relieve a school district of the obligation to provide pupils with sufficient textbooks or instructional materials, as specified. The bill would prohibit a school district from procuring this electronic equipment pursuant to the bill if a county office of education determines that the district is out of compliance with this obligation.
Existing law, the Instructional Materials Funding Realignment Program, provides for funds to be apportioned to school districts based upon enrollment to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials, as adopted by the State Board of Education subsequent to the adoption of content standards, or as adopted by the local governing board, for grades 9 to 12, inclusive. This bill would provide that a local governing board may use funding received pursuant to these provisions to purchase state-adopted instructional materials for kindergarten and grades 1 to 8, inclusive, and state standards-aligned materials for grades 9 to 12, inclusive, in an electronic or hardbound format if it can ensure that each pupil will be provided with a copy of the instructional materials to use at school and at home. However, providing access to the materials at school and at home would not require the local educational agency to purchase 2 sets of materials.
Existing law makes it an infraction with a minimum $500 fine and maximum $3,000 fine for a person to abandon a vessel upon a public waterway or public or private property without the express or implied consent of the owner or person in lawful possession or control of the property, except for the urgent and immediate concern for the safety of those aboard the vessel. Existing law provides that 80% of the moneys collected as fines shall be deposited in the Abandoned Watercraft Abatement Fund. Upon appropriation by the Legislature, moneys in the fund may be used for grants to be awarded by the Department of Boating and Waterways to local agencies for the abatement and removal of abandoned, wrecked, and dismantled vessels, or parts of those vessels. This bill would increase the minimum fine to $1,000. The bill would also allow the moneys in the fund to be used for the abatement and removal of a hulk, derelict, wreck, or parts of any ship, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon municipal or other public corporation property, and for the disposal of a surrendered vessel, as defined. This bill would prohibit the state from assuming liability for any injuries or damages to a person or entity, public or private, connected to or resulting from the processing or disposal of a surrendered vessel. These changes would be repealed as of January 1, 2014. Existing law authorizes wrecked property that is an unseaworthy derelict or hulk, or abandoned property removed from a navigable waterway, as specified, to be sold or otherwise disposed of by the public agency that removed or caused the removal of the property, subject to specified conditions, including that the property has been appraised by disinterested persons, and has an estimated value of less than $2,000. This bill would, until January 1, 2014, except from these specified conditions the removal and sale or disposition of a surrendered vessel, as defined. The bill would require the Department of Boating and Waterways to track the number of surrendered vessels accepted by a public agency that disposes of those vessels using grant funds from the Abandoned Watercraft Abatement Fund from January 1, 2010, to January 1, 2013, inclusive, and the total amount of expenditure from that fund for surrendered vessels during the same period. The bill would require the department to report that information to the Assembly Committee on Transportation and the Senate Committee on Natural Resources and Water with any recommendations for revising or continuing the use of fund moneys for those purposes.