Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive state moneys to implement a community corrections program consisting of a system of felony probation supervision services to, among other things, manage and reduce offender risk while under felony probation supervision and upon reentry from jail into the community. Existing law requires a community corrections program to be implemented by probation and advised by a local Community Corrections Partnership, consisting of specified members, including, but not limited to, the sheriff and the heads of various county social services programs. Existing law requires a Community Corrections Partnership to recommend a local plan to the county board of supervisors for the implementation of public safety realignment. This bill would add a rank-and-file deputy sheriff, a rank-and-file probation officer or deputy probation officer, a rank-and-file social worker, and a counselor employed by a county alcohol and substance abuse program, to be appointed by a local labor organization, to the membership of a Community Corrections Partnership. The bill would require a local Community Corrections Partnership to meet at least once each year. The bill would require the vote of the rank-and-file probation officer or deputy probation officer on the local plan. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. The board is comprised of specified members, including, but not limited to, a public member and county sheriffs and probation officers. This bill would add one more public member and a rank-and-file probation officer or deputy probation officer, a rank-and-file deputy sheriff, and a rank-and-file social worker with specified experience to the membership of the board, to be appointed by the Governor, subject to Senate confirmation.
Sponsored bills
Existing law prohibits, with exceptions, the use of an electronic tracking device to determine the location or movement of a person. Under existing law a violation of these provisions is a misdemeanor. Existing law states that these provisions do not apply to the lawful use of an electronic tracking device by a law enforcement agency. Existing decisional law, in the case of U.S. v. Jones, holds that the attachment of a Global Positioning System (GPS) tracking device to a vehicle and the use of the device to track the vehicle is a search within the meaning of the Fourth Amendment to the United States Constitution. Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony. This bill would allow a search warrant to be issued when the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code has been committed or is being committed, tends to show that a particular person has committed that act or is committing that act, or will assist in locating an individual that has committed or is committing that act. The bill would state that these provisions shall not be construed as creating a cause of action against any foreign or California corporation for providing location information. The bill would require that a tracking device search warrant issued pursuant to these provisions identify the person or property to be tracked, and specify a reasonable time that the device may be used, not to exceed 30 days, plus extensions, as provided. The bill would require that the warrant be executed within 10 days, as provided.
Under existing law, the governing board of a school district may require each prospective bidder for specified contracts to submit a standardized questionnaire and financial statement, including information relating to financial ability and experience in performing public works, which is required to be verified under oath. Existing law further requires a school district requiring the above information to adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, as specified. This bill, for contracts awarded on and after January 1, 2014, and until January 1, 2019, would require the governing board of the district, except for school districts with an average daily attendance of less than 2,500, for certain public projects, to use procedures, which require a standardized questionnaire and financial statement to be verified under oath, for bidding applicable to public entities, as prescribed. This bill would require the questionnaire and uniform system of rating bidders to cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations, as specified. This bill would provide that the questionnaire and uniform system of rating bidders would not preclude the governing board of the district from prequalifying or disqualifying a subcontractor. This bill would provide that bidders would include the general contractor and, if utilized, all electrical, mechanical, and plumbing subcontractors. This bill would authorize the board of the district to establish a process for prequalifying prospective bidders on a quarterly or annual basis, as provided. The bill would also require the Director of Industrial Relations, on or before January 1, 2018, to submit a report to the Legislature evaluating whether labor violations have decreased, as specified, and to recommend improvements to the system for prequalifying contractors and subcontractors on school district projects. By expanding the scope of an existing crime and by imposing new duties on local officials, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except for individuals employed as outside salesmen and individuals participating in specified national service programs. Under existing law, the Industrial Welfare Commission within the Department of Industrial Relations is authorized to adopt rules, regulations, and orders to ensure that employers comply with those provisions of law. This bill would require the Department of Industrial Relations, by January 1, 2014, to adopt regulations governing the working conditions of domestic work employees, as defined.
Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, or both, may, for specified reasons, recommend to the court that a prisoner's sentence be recalled, and that a court may recall a prisoner's sentence. This bill would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would prohibit a prisoner who tortured his or her victim or whose victim was a public safety official, as defined, from filing a petition for recall and resentencing. The bill would require the petition to include a statement from the defendant that includes, among other things, his or her remorse and work towards rehabilitation. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the statements in the defendant's petition are true, as specified. The bill would apply retroactively, as specified.
Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her first admission to that institution he or she has been fully immunized against various diseases, as specified. Existing law exempts a person from the above-described immunization requirement if the parent or guardian or other specified persons file with the governing authority a letter or affidavit stating that the immunization is contrary to his or her beliefs. This bill would instead require this letter or affidavit to document which required immunizations have been given and which have not been given on the basis that they are contrary to the parent or guardian's or other specified person's beliefs. The bill would require, on and after January 1, 2014, the letter or affidavit to be accompanied by a form prescribed by the State Department of Public Health that includes a signed attestation from a health care practitioner, as defined, that indicates that the health care practitioner provided the parent or guardian of the person, the adult who has assumed responsibility for the care and custody of the person, or the person, if an emancipated minor, who is subject to the immunization requirements with information regarding the benefits and risks of the immunization and the health risks of specified communicable diseases. The bill would require the form to include a written statement by the parent, guardian, other specified persons, or person, if an emancipated minor, that indicates that he or she received the information from the health care practitioner. By imposing new duties upon local officials, this bill would create 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, 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.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit against those taxes for taxable years beginning on or after January 1, 2011, in an amount equal to a specified percentage of the qualified expenditures, as defined, attributable to the production of a qualified motion picture in California, or, where the qualified motion picture has relocated to California or is an independent film, as provided. Existing law allows specified qualified taxpayers to elect to assign the credit, requires specified information from qualified taxpayers that apply for a tax credit allocation, and imposes specified duties on the California Film Commission related to the administration of the credits, including a requirement to allocate the tax credits until July 1, 2015, and limits the aggregate amount of credits that may be allocated to qualified motion pictures in any fiscal year to $100,000,000, through the 2014–15 fiscal year. Existing law additionally allows, in lieu of the credits under the Personal Income Tax Law and the Corporation Tax Law for qualified motion pictures, a credit against qualified state sales and use taxes, as provided. This bill, under the Personal Income Tax Law and the Corporation Tax Law, would impose additional duties on the California Film Commission related to the administration of the credits and would extend the requirement to allocate the tax credits 2 additional years, until July 1, 2017. This bill would also extend the limit on the aggregate amount of credits that may be allocated through the 2016–17 fiscal year. This bill would also require assigning qualified taxpayers to provide the Franchise Tax Board with specified information, would revise the information included in an application for a tax credit allocation, and require the Legislative Analyst's Office to prepare reports related to the effectiveness and administration of the qualified motion picture credit under the Sales and Use Tax Law, the Personal Income Tax Law, and the Corporation Tax Law. This bill would require the California Film Commission to annually post on its Internet Web site and make available for public release specified information, including a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the commission. The bill would authorize various state agencies to disclose specified taxpayer information for purposes of the Legislative Analyst's Office report, and would impose specified criminal penalties on the disclosure of that information. By expanding the crime of knowingly and wrongfully accessing, using, or disclosing specified information, 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 bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Holden-Moscone-Garamendi Genetically Handicapped Persons Program (GHPP) , requires the Director of Health Care Services to establish and administer a program for the medical care of persons with specified genetically handicapping conditions and for persons with specified hereditary metabolic disorders. Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , among other provisions, reformed certain aspects of the private health insurance industry and public health insurance programs. This bill would require the State Department of Health Care Services to prepare a report on the coverage needs of the population served by the GHPP after the implementation of the PPACA. This bill would require the report to address, among other things, preservation of the availability of wrap-around services that would otherwise not be available through the PPACA and the extent to which a person with genetic amyotrophic lateral sclerosis will continue to have unmet medical needs after implementation of the PPACA. This bill would require the department to submit the report to the relevant fiscal and policy committees of the Legislature by January 1, 2015.
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, and authorizes the state board to establish criteria for that purpose. Existing law requires the state board in reviewing and adopting instructional materials to use specified criteria and ensure that, in its judgment, the submitted instructional materials meet all of the specified criteria. Existing law requires the State Department of Education to recommend, and the state board to approve, evaluation criteria to guide the development and review of supplemental instructional materials for English language arts and mathematics to provide a bridge between the California common core academic content standards and the standards-aligned instructional materials currently being used by local educational agencies. Existing law requires the state board to perform specified reviews and to approve or reject all, or a portion, of the list of supplemental instructional materials proposed by the department and authorizes the state board to add an item to that list, as specified. Existing law also permits the governing board of a school district to approve supplemental instructional materials other than those approved by the state board if the governing board performs specified reviews and determines that other supplemental instructional materials are aligned with the California common core academic content standards and meet the needs of the pupils of the district. Existing law requires supplemental instructional materials approved by the state board and the governing board of a school district to be reviewed by content review experts, as specified. This bill would require the department to recommend, and the state board to approve, evaluation criteria to guide the development and review of supplemental instructional materials for English learners. The bill would require the department to develop a list by March 1, 2014, of supplemental instructional materials for beginning through advanced levels of proficiency for use in kindergarten and grades 1 to 8, inclusive, that are aligned with the revised English language development standards. The bill would require content review experts, who are recommended by the department and approved by the state board, to review the supplemental instructional materials. The bill would appropriate $500,000 in one-time federal Title I carryover funds, as specified, from the Federal Trust Fund to the department for purposes of conducting this review. The bill would, by June 30, 2014, require the state board to approve or reject supplemental instructional materials, as specified. The bill would authorize the governing boards of school districts and county boards of education to approve supplemental instructional materials other than those approved by the state board if the governing board of a school district or county board of education performs specified reviews and determines that other supplemental instructional materials are aligned with the revised English language development standards and meet the needs of pupils of the district who are English learners. This bill would require the department, at least 30 days before the state board takes specified action, to develop a list of supplemental instructional materials for use in kindergarten and grades 1 to 7, inclusive, that are aligned with the California common core academic content standards for mathematics. The bill would require the department to recommend, and the state board to approve, content review experts to review supplemental instructional materials submitted for approval, as specified. The bill also would require the state board, on or before July 30, 2013, to perform specified reviews and to approve or reject all, or a portion, of the list of supplemental instructional materials proposed by the department and would authorize the state board to add an item to that list, as specified. The bill would require the department to use certain federal carryover funds to implement the development of this list of mathematics supplemental instructional materials. This bill would become operative contingent upon the enactment of AB 1246 of the 2011–12 Regular Session.
Existing law requires the Board of Governors of the California Community Colleges, the Trustees of the California State University, the California Postsecondary Education Commission, and the Student Aid Commission, including a specified auxiliary organization, and requests the Regents of the University of California, to provide for live audio transmission of all meetings, which are open to the public pursuant to specified law, through a technology that is accessible to as large a segment of the public as possible, including, but not necessarily limited to, the use of cable, satellite, over-the-air, or any other type of transmission that can be accessed though a television. This bill would require those entities, other than the California Postsecondary Education Commission, which would be deleted from this provision, and request the regents, also to provide for live video transmissions, as specified, and to archive and post the video and audio transmissions on the entity's Internet Web site for at least 12 months and within 48 hours following the initial transmission. The bill would remove over-the-air transmissions from the list of transmissions that can be accessed through a television.