Asm. Brian Nestande

This measure would recognize the Lunar New Year 4708 celebration.

This measure would declare February 23, 2010, to be Spay Day USA 2010 in California, and would request that Californians observe that day by having their dogs and cats spayed or neutered and by providing voluntary services or other support to organizations that provide spay and neuter services.

(1) Existing law establishes the Class Size Reduction Program, under which a participating school district or county office of education reduces class size to 20 pupils per class in kindergarten and grades 1 to 3, inclusive. If a school district or county office of education receives funding for a class, but fails to reduce the size of that class to 20 pupils, the school district or county office of education incurs a reduction in its next principal apportionment of state funds. Existing law provides that for the 2008–09, 2009–10, 2010–11, and 2011–12 fiscal years, a local educational agency is eligible to receive funding for the same number of classes for which it had applied to receive program funding as of January 31, 2009. This bill would provide that, for the 2008–09 school year, a local educational agency may choose for state apportionment purposes the option to receive funding for the same number of classes for which it had applied to receive program funding as of January 31, 2009, or the funding option provided under the Class Size Reduction Program on December 31, 2008, prior to the enactment of the provision referenced above. This bill would provide that, for the 2009–10 school year, the Riverside Unified School District may choose to operate each of its grade 3 classrooms that participate in the Class Size Reduction Program either pursuant to the option to receive funding for the same number of classes for which it had applied to receive program funding as of January 31, 2009, or the funding option provided under the Class Size Reduction Program on December 31, 2008, prior to the enactment of the provision referenced above. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Riverside Unified School District. (3) This bill would declare that it is to take effect immediately as an urgency statute.

This resolution would respectfully request that the International Maritime Organization, a specialized agency of the United Nations, adopt the North American Emission Control Area, as proposed by the United States, Canada, and France at the 60th session of the Marine Environment Protection Committee, scheduled for March 2010.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides for the judicial review of a lead agency's decision to certify an EIR. The bill would enact the CEQA Litigation Protection Pilot Program of 2010 and would require the Business, Transportation and Housing Agency to select projects that meet specified requirements from specified regions for each calendar year between 2010 and 2014. The bill would exempt from judicial review, pursuant to CEQA, a lead agency's decision to certify the EIR of, or to adopt a mitigated negative declaration based on an initial study for, the selected projects, a lead agency's and responsible agency's approval of the selected project, and the Business, Transportation and Housing Agency's selection of the projects. The bill would require the Business, Transportation and Housing Agency, by December 31 of each year, to submit an annual report to the Governor and to the Legislature summarizing the designation of projects, and the job creation and investment attributable to the designated projects. The bill would repeal the pilot program as of January 1, 2016. (2) This bill would declare that it is to take effect immediately as an urgency statute.

This measure would encourage state government to make the retention of private sector employment and the creation of new employment opportunities its highest priority, and it would declare the Legislature's leading role in restoring the business climate in the state to encourage economic growth.

The Personal Income Tax Law conforms to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from a taxpayer's income if that debt is discharged after January 1, 2007, and before January 1, 2010, as provided. The Emergency Economic Stabilization Act of 2008 extended the operation of those provisions to debt that is discharged before January 1, 2013. This bill would provide further conformity to those federal acts, as provided. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires that vote by mail ballots be received by elections officials before the polls close on election day in order to be counted. This bill would require elections officials to count vote by mail ballots that are postmarked on or before election day that are delivered after the close of the polls as long as the county has not certified the election. Because the bill would expand the duties of local elections officials, 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, 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 that each pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician, may be assisted by the school nurse or other designated school personnel if the school district receives a written statement from the physician detailing the method, amount, and time schedules by which the medication is to be taken and a written statement from the parent or guardian of the pupil indicating the desire that the school district assist the pupil in the matters set forth in the physician's statement. Existing law, in the absence of a credentialed school nurse or other licensed nurse, authorizes a school district to provide voluntary emergency medical training to school personnel, as defined, to administer emergency medical assistance to pupils with diabetes suffering from severe hypoglycemia, subject to specified conditions. This bill would authorize a parent or guardian of a pupil with diabetes to designate one or more school employees as parent-designated school employees for the purpose of administering insulin to the pupil as necessary during the regular schoolday when a credentialed school nurse or other health care professional is not immediately available onsite at the school. The bill would authorize a parent-designated school employee to administer insulin. In order to designate an employee for these purposes, the bill would require that the parent or guardian submit a written statement, valid for a maximum of one year, as specified. The bill would require the school district to keep a copy of that statement, to obtain other specified statements from the physician of the pupil and the parent or guardian, and, upon receiving a written request from the parent or guardian of a pupil with diabetes, to notify school staff regarding the intent of the parent or guardian to designate school employees to administer insulin to the pupil. The bill would authorize a licensed health care professional, as described, to provide training to parent-designated school employees in the administration of insulin and to supervise those employees in performing that task. The bill would provide a parent-designated school employee who administers insulin pursuant to the bill's provisions with immunity from criminal and civil liability, as specified. By requiring school districts to perform additional duties, 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, 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.

This bill would urge the President of the United States and the Congress to employ necessary measures to ensure that no terrorist or suspected terrorist detained at Guantanamo Bay, Cuba is permitted to enter California in custody or otherwise.