Existing law requires the Governor to submit to the Legislature, within the first 10 days of each calendar year, a budget for the ensuing fiscal year. Under existing law, the budget is required to contain a complete plan and itemized statements of all proposed expenditures and all estimated revenues of the state for the ensuing fiscal year, together with a comparison with the actual revenues and expenditures for the last completed fiscal year, the estimated revenues and expenditures for the existing fiscal year, and the budgeted revenues and expenditures for the next fiscal year. Existing law further requires the Director of Finance to provide to the Legislature, on or before May 14 of each year, an estimate of General Fund revenues for the current fiscal year and the ensuing fiscal year, any proposals to reduce expenditures to reflect updated revenue estimates, and specified proposed adjustments to the Governor's Budget. This bill would require the Director of Finance to submit, at the time of the submission of the budget by the Governor, or as soon thereafter as feasible, total recommended state General Fund expenditures and estimated state revenues, which include (1) an estimate of total General Fund resources, including any proposed resources, available for state General Fund expenditures for the budget year and the succeeding 3 fiscal years, (2) a 5-year capital infrastructure plan, (3) a projection of anticipated state expenditures for the budget year and the succeeding 3 fiscal years, and (4) to the extent possible, projections applicable to the budget year from the previous 4 enacted Budget Act projections. The bill would require specified parts of this information to be updated, as soon as feasible, within specified times.
Sponsored bills
Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law provides that, within 5 days after the above-described election, any person may file with the Agricultural Labor Relations Board a signed petition that, among other things, objects to the conduct of the election or conduct affecting the results of the election. Upon receipt of the petition, existing law requires the board to conduct a hearing to determine whether the election shall be certified. Existing law permits the board to refuse to certify the election if it finds, among other things, that misconduct affecting the results of the election occurred. Existing law also provides for elections to decertify a labor organization, as specified. This bill would provide that if the board refuses to certify an election regarding certification of a labor organization because of employer misconduct that, in addition to affecting the results of the election, would render slight the chances of a new election reflecting the free and fair choice of employees, the labor union shall be certified as the exclusive bargaining representative for the bargaining unit. This bill would specify, with regard to the above-described elections regarding certification or decertification, time limits pertaining to the scheduling of hearings on election objections and challenges to ballots and the issuance of decisions by the board with respect to those objections and challenges. Under existing law, whenever it is charged that a person has engaged in or is engaging in certain unfair labor practices, the board has the power to issue and cause to be served upon the person a complaint stating the charges and containing a notice of hearing, as specified, not less than 5 days after the serving of the complaint. Under existing law, the board has the power, upon issuance of the above-described complaint, to petition the superior court in any county wherein the unfair labor practice in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or a restraining order. Existing law grants the court jurisdiction to grant that relief. This bill would specify what the court is to consider in determining whether temporary relief or a restraining order is just and proper. This bill would provide that when the alleged unfair labor practice is such that, by its nature, it would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred. This bill would provide that the order shall remain in effect until an election has been held or for 30 days, whichever occurs first. This bill would provide that the temporary relief or restraining order shall not be stayed pending appeal. Existing law specifies the time for filing a declaration by an agricultural employer or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. Under existing law, the declaration may be filed 90 days after a renewed demand to bargain where the parties have failed to reach agreement for at least one year, the employer committed an unfair labor practice, and the parties have not previously had a binding contract between them or 180 days after an initial request to bargain. This bill would, instead, provide that the declaration may be filed 90 days after a renewed demand to bargain, as specified above, 90 days after an initial request to bargain, 60 days after the board has certified the labor organization because of employer misconduct and a finding that would render slight the chances of a new election reflecting the free and fair choice of employees, or 60 days after the board has dismissed a decertification petition upon a finding that the employer has unlawfully initiated, supported, sponsored, or assisted in the filing of a decertification petition. Existing law provides that if, upon the preponderance of the testimony taken, the board is of the opinion that any person named in the above-described complaint has engaged in or is engaging in any unfair labor practice, the board is required to state its findings of fact and issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice. Existing law specifies how certification and the record of investigation are to be handled whenever the cease and desist order is based in whole or in part upon the facts certified following an investigation pertaining to elections of bargaining unit representatives, and there is a petition for review of the order. This bill would provide that the filing of the above-described petition for review of the order shall not be grounds for a stay of proceedings pertaining to mandatory mediation.
Existing law requires an employer to furnish each employee with an accurate itemized statement showing, among other things, the name and address of the legal entity that is the employer. Existing law provides that a knowing and intentional violation of this provision is a misdemeanor. This bill would require an employer who is a farm labor contractor, as defined, to disclose in the itemized statement the name and address of the legal entity that secured the employer's services. This bill would incorporate additional changes to Section 226 of the Labor Code proposed by AB 469, that would become operative only if AB 469 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. Because a willful violation of the bill's provisions would be 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.
(1) The Planning and Zoning Law requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action, if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community's supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first. This bill would authorize the notice to be filed any time within 3 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed. (2) The Planning and Zoning Law establishes a rebuttable presumption, in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, of the validity of a housing element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with specified provisions of existing law. This bill would provide that in any action brought against a city, county, or city and county to challenge the adequacy of a housing element, if a court finds that the adopted housing element or amended housing element for the current planning period substantially complies with specified provisions, the element or amendment be deemed to satisfy any condition of a state-administered housing grant program requiring a department finding of housing element compliance.
(1) Existing law requires a charter commission to submit, among other things, a city charter to the voters of a city at either a special election called for that purpose, at any established municipal election date, or at any established election date, provided that there are at least 88 days before the election. Existing law also authorizes the governing body of any city or city and county to, among other things, propose a charter and submit the proposal for the adoption to the voters at either a special election called for that purpose or at any established municipal election date or at any established election date, provided there are at least 88 days before the election. This bill would require a city charter or charter amendment, whether submitted to the voters by a charter commission or the governing body of the city or city and county, to be submitted at the next established statewide general, statewide primary, or regularly scheduled municipal election date, provided there are at least 95 days before the election. This bill would also require a proposal to adopt a charter, whether submitted to the voters by a charter commission or the legislative body of a city or city and county to include in the ballot description an enumeration of new city powers as a result of the adoption of the charter, including, but not limited to, whether the city council will, pursuant to an adopted charter, have the power to raise its own compensation and the compensation of other city officials without voter approval. (2) The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees. The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires all contracts of employment between an employee and a local agency employer to include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, with a maximum of 18 months. This bill would, on and after January 1, 2012, additionally prohibit an employment contract for a local agency executive, as defined, from providing an automatic renewal of a contract that provides for an automatic compensation increase in excess of a cost-of-living adjustment or a maximum cash settlement in excess of certain limits, as specified. By expanding the duties of local officials, this bill would impose a state-mandated local program. (3) Existing law sets forth the penalties for misuse of public resources or falsifying expense reporting, including, but not limited to, loss of reimbursement privileges, restitution to the local agency, civil penalties for misuse of public resources, and prosecution for misuse of public resources, including imprisonment for 2, 3, or 4 years, and disqualification from holding office, as specified. This bill would, on and after January 1, 2012, require a contract executed or renewed between a local agency and an officer or employee of the local agency to include a provision that requires an officer or employee of a local agency who is convicted of a crime involving an abuse of his or her office or position, as defined, to fully reimburse the local agency for specified payments made by that local agency to the officer or employee. The bill would also require an officer or employee of the local agency, who is convicted of a crime involving an abuse of his or her office, to fully reimburse any such payments that are made by the local agency in the absence of a contractual obligation between the agency and the officer or employee. (4) The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public. The act also requires the presiding officer of the legislative body to deliver written notice to each member of the legislative body, and to each local newspaper of general circulation and radio or television station requesting notice in writing if the presiding officer of the legislative body calls a special meeting. This bill would require the legislative body, or the presiding officer of the legislative body, to provide notice of each meeting, including special meetings, on the local agency's Internet Web site, if the local agency has one, as specified. In addition, this bill would prohibit any legislative body from holding a special meeting regarding the salary, salary schedule, or other form of compensation for any local agency executive. (5) The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, the provisions of the act are an issue of statewide concern and that, therefore, all counties and cities, including charter counties, charter cities, and charter cities and counties, would be subject to the provisions of the bill. (6) 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 these statutory provisions.
(1) Existing law, the Williamson Act, authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Existing law authorizes the parties to a Williamson Act contract to mutually agree to rescind a contract under the act in order to simultaneously enter into an open-space easement for a certain period of years. This bill would authorize the parties to a Williamson Act contract, after approval by the Department of Conservation, in consultation with the Department of Food and Agriculture, to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement that would require that the land be used for solar photovoltaic facilities for a term no less than 20 years, except as specified. The bill would require the city or county to charge the property owner a rescission fee based upon the fair market value of the property at the time of the rescission, as specified. This bill would require a city or county to include certain, and authorizes a city or county to include other, restrictions, conditions, or covenants in the deed or instrument granting a solar-use easement. This bill would provide that a solar-use easement would be automatically renewed annually, unless either party filed a notice of nonrenewal. This bill would provide that a solar-use easement may only be extinguished on all or a portion of the parcel by nonrenewal, termination, or by returning the land to its previous contract under the Williamson Act. This bill would require that if the landowner extinguishes the contract either by filing a notice of nonrenewal or by terminating the solar-use easement, the landowner shall restore the property to the conditions that existed before the easement by the time the easement terminates. This bill would authorize a landowner to terminate a solar-use easement by complying with certain procedures, and paying a termination fee based upon the termination value of the property, as determined by the county assessor. This bill would provide that specified parties may bring an action to enforce the easement if it is violated. (2) Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected. Under existing law these restrictions include, but are not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. This bill would also require the county assessor to consider, when valuing real property for property taxation purposes, solar-use easements. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. (3) The Natural Community Conservation Planning Act defines "covered species" for purposes of the act to mean those species, both listed and nonlisted pursuant to the California Endangered Species Act conserved and managed under an approved natural community conservation plan and that may be authorized for take. The act further authorizes the department to, prior to approval of a conservation plan, authorize by permit the taking of any covered species whose conservation and management is provided for in a natural community conservation plan approved by the department. This bill would revise the definition of "covered species" to include fully protected species, as specified, and would make conforming changes. The bill would also include specified fully protected species in the species authorized to be taken prior to the approval of a conservation plan. (4) 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 these statutory provisions.
Existing law provides for a state park system of which the Colonel Allensworth State Historic Park in Tulare County is a unit. This bill would require the Department of Parks and Recreation to notify the State Park and Recreation Commission of any proposed development that may substantially impact the historical, cultural, or recreational significance of the Colonel Allensworth State Historic Park, and would require the commission, upon receipt of that notification to hold a duly noticed public hearing to receive public input regarding the potential impacts of the proposed development on the park. The bill would require the commission, following the public hearing, to submit, in writing, to the department a summary of its conclusions on the potential park impacts that may be caused by the proposed development for transmission by the department to the appropriate local government entities. The bill would also require the department, in consultation with the State Office of Historic Preservation, to study the feasibility of recommending that the park be considered for designation as a National Historic Landmark. The bill would make legislative findings as to the necessity of a special statute.
(1) Existing law establishes the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges. The board of governors provides general supervision over each community college district and performs specified functions. Each community college district is under the control of a board of trustees. Existing law provides various procedures for the nomination and election of the governing boards of community college districts. Existing law specifies the number of members on the board, residency requirements, length of terms, and the drawing of trustee boundaries. This bill would authorize the governing board of a community college district to change election systems, as specified, in accordance with the provisions of this bill and the California Voting Rights Act of 2001, subject to approval by the Board of Governors of the California Community Colleges. The bill would authorize the governing board of a community college district to establish elections by trustee areas. In establishing trustee areas, the territory of a district would be divided into trustee areas, and one member of the governing board would be elected from each trustee area. A candidate for election as a member of the governing board would be required to reside in, and be registered to vote in, the trustee area he or she seeks to represent. The governing board would be authorized to set the initial boundaries of each trustee area to reflect the population enumerated in the most recent decennial federal census. Thereafter, the boundaries of trustee areas would be adjusted, abolished, or rearranged as specified. This bill would authorize the governing board of a community college district to determine the number of trustees, and would require the governing board to be composed of 5 to 9 members. The board would be authorized to establish, abolish, or adjust trustee areas and terms of office, as specified. The bill would specify that the act would not apply to any community college district that is authorized by statute to provide for its own trustee elections. (2) This bill would establish a procedure for the number of members, the election of members, and the reapportionment of trustee areas of the governing board of the Grossmont-Cuyamaca Community College District in accordance with the provisions of this bill and the California Voting Rights Act of 2001. The bill would provide that candidates for election to the board be nominated by trustee area, as defined, at a primary election held on the date of the statewide direct primary election. The 2 candidates receiving the highest number of votes would be the nominees for the general election for that trustee area. The candidate receiving a majority of the votes cast in the general election would be elected to represent that district, and would hold office for a 4-year term, as specified. Members of the board holding office on the effective date of this bill would continue to hold office, as specified. The bill would require the governing board to be composed of 5 to 9 members, as determined by the board, and to establish, abolish, or adjust trustee areas and terms of office, as specified. This bill would require the boundaries for trustee areas established by resolution of the governing board of the district, or adopted by the county committee on school district organization prior to January 1, 2012, to reflect population changes enumerated in the 2010 decennial federal census, to be in effect when the bill becomes operative. The bill would require the boundaries to be set so that the population of each area is in proportion to the other districts. The bill would thereafter require the boundaries to be adjusted, abolished, or rearranged, as specified. (3) By imposing the above requirements on the Grossmont-Cuyamaca Community College District, the 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law sets forth various requirements for the issuance of diplomas conferred upon a pupil as evidence of graduation from high school. Statutory provisions establish the Golden State Seal Merit Diploma for the purpose of recognizing pupils who have mastered the high school curriculum. This bill would establish the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. The State Seal of Biliteracy would be awarded by the Superintendent of Public Instruction in accordance with specified criteria. The Superintendent would be required to prepare and deliver to participating school districts the seal insignia. Participating school districts would be required to maintain records in order to identify pupils who have earned a State Seal of Biliteracy and to affix an appropriate insignia to the diploma or transcript of pupils who earn a State Seal of Biliteracy. The bill would make an appropriation by authorizing the Superintendent to use money appropriated for purposes of the Golden State Seal Merit Diploma program to develop an Internet Web site for electronic delivery of the seals for both the Golden State Seal Merit Diploma and State Seal of Biliteracy programs to school districts.
(1) Existing law establishes various categorical education programs and appropriates the funding for those programs in the annual Budget Act. Existing law requires the Superintendent of Public Instruction, for the 2008–09 to 2014–15 fiscal years, inclusive, to apportion from the amounts provided in the annual Budget Act for specified categorical education programs an amount based on the same relative proportion that the local educational agency received in the 2008–09 fiscal year for those programs and authorizes school districts, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law requires, as a condition of receipt of the above-described funds for any educational purpose, the governing board of a school district or county office of education, as appropriate, to discuss, approve, or disapprove the proposed use of funding and to make explicit the purposes for which each item of appropriation for specified categorical education programs will be used at a regularly scheduled open public hearing. This bill would require that public hearing to be held prior to and independent of a meeting where the governing board of a school district or county office of education adopts a budget. The bill would also require the governing board to identify the program or programs to be closed before the public hearing, as specified. (2) Existing law authorizes the governing board of a school district maintaining an adult class to require an adult enrolled in the class to pay a fee and prohibits the governing board from imposing a charge for a class in English and citizenship for foreigners or a class in an elementary subject, except as specified. This bill would authorize the governing board of a school district to charge a fee for a class in English and citizenship until July 1, 2015.