The California Civil Service Act authorizes an appointing power to take adverse action against an employee for specified causes for discipline and establishes administrative procedures for review of an adverse action by the State Personnel Board. The act requires an adverse action against a state employee to commence within 3 years of the cause for discipline, as specified. This bill would require an adverse action against a state managerial employee, state confidential employee, or state supervisory employee, as defined, to commence within one year of the discovery of the cause for discipline. The bill would also require the notice of the adverse action against those employees based on fraud, embezzlement, or the falsification of records to be served within 3 years after the discovery of the fraud, embezzlement, or falsification.
Sponsored bills
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by that law. This bill would exempt from a specified portion of those taxes, for calendar years beginning on and after January 1, 2011, the gross receipts from the sale of, and the storage, use, or other consumption in this state of, sustainable development equipment investments of tangible personal property purchased for use by a qualified person, as specified, and tangible personal property used primarily during the research and development process on qualified research. The bill would also exempt from a specified portion of those taxes, for calendar years beginning on and after January 1, 2013, the gross receipts from the sale of, and the storage, use, or other consumption of, tangible personal property purchased by a qualified person for use primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of property, as specified, and tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person who will use the property as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or as a storage facility for use in connection with the manufacturing process. This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes. This bill would take effect immediately as a tax levy.
(1) The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. This bill would require that the budget submitted by the Governor to the Legislature for the 2014–15 fiscal year and each fiscal year thereafter be developed pursuant to performance-based budgeting methods, as defined, for each state agency and court. (2) Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. The bill would require the budget of the state agency submitted to the department and the Joint Legislative Budget Committee to utilize a performance-based budgeting method, as defined. The bill also would establish a task force comprised of the Director of Finance, the Controller, a minority party member of the Joint Legislative Budget Committee, and the Chairperson of the Joint Legislative Budget Committee to develop performance-based budgeting guidelines and procedures and a process for phasing in requirements of performance-based budgeting and to develop a training and education program for state agency personnel involved in the budget process.
Existing law requires the Superintendent of Public Instruction to make prescribed computations each fiscal year to determine the amount of funding to be apportioned to each special education local plan area. This bill, notwithstanding the computations that are required by existing law, would instead require the Superintendent to make different computations, as prescribed, to determine the amount of General Fund moneys that a special education local plan area may claim for the 2009–10 fiscal year and each fiscal year thereafter. The bill would also require the Superintendent to make different computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the 2009–10 fiscal year and each fiscal year thereafter.
Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes, among other programs, the Cal Grant A Entitlement Program, the Cal Grant B Entitlement Program, the California Community College Transfer Cal Grant Entitlement Program and the Competitive Cal Grant A and B award program, under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs. This bill would, commencing with the 2010–11 academic year, entitle an otherwise eligible student who is a member or former member of the Armed Forces of the United States, as defined, who meets prescribed requirements, including enrollment in a qualifying undergraduate certificate or degree program, to a Cal Grant A Entitlement Award or a Cal Grant B Entitlement Award. The bill also would require the Student Aid Commission to make preliminary awards to all applicants currently eligible for an award under the program, and would require each person who receives a preliminary award to affirm, in writing, that he or she meets specified requirements for eligibility in the program. The bill would require the commission to randomly select at least 10% of the new and renewal awards made under the program and verify that the student meets specified requirements for eligibility. The bill would require the commission to seek repayment of any funds found to be improperly disbursed under the program, and would require the commission to submit an annual report to the Legislature and the Governor regarding, among other things, the number of awards made under this program.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) , provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, health care service plans and health insurers are required to offer specified types of coverage as part of their health care service plan contracts or health insurance policies. Existing law imposes specified requirements upon a health care service plan contract or health insurance policy that provides maternity coverage. This bill would require specified health care service plans and health insurers to include coverage for lactation consultation and the provision or rental of specified types of breast pumps, as defined, as part of their health care service plan contracts or health insurance policies that provide maternity coverage. Because this bill would specify additional requirements under the Knox-Keene Act, the willful violation of which would be a crime, it 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.
Existing law, the Uniform Anatomical Gift Act, regulates the making of anatomical gifts and the disposition of donated bodies and body parts. Existing law authorizes the creation of a nonprofit entity designated as the California Organ and Tissue Donor Registrar, which is required to establish and maintain the California Organ and Tissue Donor Registry. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver's license or a renewal of a driver's license or the issuance of an identification card, to provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the California Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Organ and Tissue Donor Registrar, and including a donor dot that may be affixed to the new driver's license or identification card. Existing law also provides that a person who applies for an original or renewal driver's license or identification card may designate a voluntary contribution of $2 for the purpose of promoting and supporting organ and tissue donation. Existing law authorizes the department to use these contributions to cover its actual administrative costs incurred pursuant to this organ and tissue donor registration program. This bill would authorize the department to use not more than $300,000 of the contributions collected under these mail in enrollment registration provisions per year to cover its related actual administrative costs. This bill would also require the department to add a graphic hyperlink to the confirmation page of vehicle registrations processed online in order to provide the option for drivers to connect to the state-authorized Donate Life California online California Organ and Tissue Donor Registry and would authorize a person, upon renewal of a vehicle registration online to designate a voluntary contribution, as specified, to the registry for the purpose of promoting and supporting organ and tissue donation.
The State Building Construction Act of 1955 generally sets forth procedures for the acquisition and construction of state buildings. Existing law requires the Department of General Services to prepare plans and specifications for any public building constructed pursuant to the act. This bill would require, notwithstanding any other provision of law, the department to consider specified factors in selecting a location for the lease, lease with the option to purchase, construction, or purchase of a state building in excess of 10,000 square feet.
This measure would proclaim December 3, 2009, to be the Day of the Special Educator, and would urge Californians to recognize the dedication and hard work of special educators in teaching pupils with unique needs.
(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.