Asm. Bob Blumenfield

The California State Government Volunteers Act establishes the Office for Citizen Initiative and Voluntary Action within the office of the Governor to advocate and encourage citizen initiative and volunteer action. This bill would establish the position of the Secretary of Service and Volunteering in state government in the Office of Planning and Research. The bill would require the secretary to be appointed by, and to serve at the pleasure of, the Governor, and the appointment of the secretary to be subject to Senate confirmation.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires an employer to provide, or pay for all reasonable costs of, medical services necessary to care for or relieve work-related injuries. Existing law further provides that in the case of active firefighting members of certain state and local fire departments and in the case of certain peace officers, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter or peace officer demonstrates that he or she was exposed, while in the service of the public agency, to a known carcinogen, as defined, and the carcinogen is reasonably linked to the disabling cancer. Existing law establishes a presumption that the cancer in these cases is presumed to arise out of, and in the course of, employment, unless the presumption is controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Existing law extends this presumption to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. This bill would provide that the above-described presumption shall be extended to a member following termination of service for a period of 3 calender months, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.

Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities. The federal Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which became Public Law 111-195 on July 1, 2010, authorizes a state or local government to adopt and enforce measures meeting certain requirements, to divest the assets of the state or local government from, or prohibit the investment of those assets in, any person that the state or local government, using credible information available to the public, determines to be engaged in investment activities in Iran. The federal act specifies that an investment includes the entry into, or renewal of, a contract for goods or services, and that such a measure is not preempted by any federal law or regulation. Pursuant to this authority, this bill would prohibit a person that provides goods or services of $20,000,000 or more in the energy sector of Iran, as identified on a list created by the Department of General Services, or a financial institution that extends $20,000,000 or more in credit to such a person, from bidding on or entering into or renewing a contract for goods or services of $1,000,000 or more with a public entity, as specified. This bill would, by June 1, 2011, require the Department of General Services to, using credible information available to the public, develop, or contract to develop, a list of persons it determines provide goods or services of $20,000,000 or more in the energy sector of Iran. This bill would, before a person is included on the list, require the Department of General Services to provide 90 days' written notice of its intent to include the person on the list and to inform the person that inclusion on the list would make the person ineligible to bid on, submit a proposal for, or enter into or renew, a contract for goods and services of $1,000,000 or more with a public entity, and would require the department to provide the person with an opportunity to comment in writing that it is not engaged in investment activities in Iran. This bill would require a prospective bidder for those contracts to certify that it is not identified on a list created by the Department of General Services, or a financial institution that extends $20,000,000 or more in credit to such a person, as provided, and would impose penalties, as specified, for a person that provides a false certification. This bill would require a local public entity, or the Department of General Services in the case of state contracts, to provide a person with 90 days' written notice and an opportunity to comment in writing before the penalties are imposed. The bill would allow a public entity, under specified conditions, to permit a person engaged in investment activities in Iran to be eligible for, to bid on, submit a proposal for, or enter into or renew, a contract for goods or services. This bill would preempt any law, ordinance, rules, or regulation of any local public entity involving contracts for goods or services of $1,000,000 or more with a person engaged in investment activities in Iran. This bill would make legislative findings and declarations regarding a statewide concern. This bill would become inoperative upon the date that federal authorization ceases.

Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes, and requires, with certain exceptions, a prescription to purchase a hypodermic needle or syringe for human use. Existing law prohibits any person from possessing or having under his or her control any hypodermic needle or syringe, except in accordance with those regulatory provisions. Existing law authorizes a clean needle and syringe exchange project in any city and county, county, or city, as specified. This bill would, until January 1, 2016, permit the State Department of Public Health to authorize certain entities, that meet prescribed conditions, to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infection spread through the sharing of used hypodermic needles and syringes. The bill, until January 1, 2016, would require the entities to submit an application to the department, would require a 45-day public comment period, would specify that participants shall not be subject to criminal prosecution for possession of needles and syringes acquired under the program, and would make conforming changes. The bill would also, until January 1, 2016, require the department to establish and maintain on its Internet Web site the address and contact information of programs providing hypodermic needle and syringe exchange services. The bill would, until January 1, 2016, change related hearing requirements from annually to biennially. The bill would, until January 1, 2016, require the department to report to certain committees of the Legislature, as prescribed.

Until January 1, 2010, the Department of Transportation was authorized to conduct a pilot project to let design-sequencing contracts, as defined, for design and construction of not more than 12 transportation projects. These provisions are now repealed. This bill would reenact similar provisions, authorizing the department to let design-sequencing contracts for the design and construction of not more than 5 transportation projects, to be effective until January 1, 2014. The bill would require the department to compile data on the transportation projects pursuant to the design-sequencing contracts awarded under these provisions and to include that data in an attachment to specified reports to the Legislature each year during which the projects are underway, as specified.

Existing law regulates investments made by public pension and retirement systems and defines the term "placement agent" to mean a person or entity hired, engaged, or retained by an external manager, as defined, to raise money or investment from a public retirement system in California. Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of the lobbying industry, including defining the term "lobbyist" and regulating the conduct of lobbyists. Among its provisions, the act requires lobbyists to register with the Secretary of State and to file periodic disclosure reports, and it prohibits lobbyists from engaging in certain activities, including accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action, as defined. This bill would amend the existing definition of "placement agent" to mean a person, as defined, hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager, as defined, to act as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale of the securities, assets, or services of an external manager to a public retirement system in California for compensation, and would exclude from that definition an employee, officer, director, equityholder, partner, member, or trustee of an external manager who spends 13 or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager. The bill would define "placement agent" in a similar way for purposes of the Political Reform Act of 1974, except that the definition would be limited to an individual acting in connection with the offer or sale of the securities, assets, or services of an external manager to a state public retirement system in California and would not include employees, officers, or directors of specified external managers or of affiliates of those external managers. In addition, the bill would prohibit a person from acting as a placement agent in connection with any potential system investment made by a state public retirement system unless that person is registered as a lobbyist and is in full compliance with the Political Reform Act of 1974 as that act applies to lobbyists. The bill would also require a person acting as a placement agent in connection with any potential system investment made by a local public retirement system to file any applicable reports with a local government agency that requires lobbyists to register and file reports and to comply with any applicable requirements imposed by a local government agency. The bill would provide that an individual acting as a placement agent is a lobbyist for purposes of the Political Reform Act of 1974 and is thereby required to comply with all regulations and restrictions imposed on lobbyists by the act, and the bill would further expand the definition of "administrative action" for purposes of the act to include, with regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. The bill would specify that a placement agent who is registered with the Securities and Exchange Commission and regulated by the Financial Industry Regulatory Authority is permitted to receive a payment of fees for contractual services provided to an investment manager, except to the extent that payment of fees is prohibited by the proscription on contingency payments to placement agents. Additionally, the bill would require the Public Employees' Retirement System and the State Teachers' Retirement System to each provide to the Legislature, not later than August 1, 2012, a report on the use of placement agents in connection with investments made by those retirement systems. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, until January 1, 2015, provides for retraining benefits to eligible individuals pursuant to the federal Trade Act of 1974, as amended by the federal Trade Act of 2002. Existing law authorizes an unemployed individual who files a claim for unemployment compensation benefits or extended duration benefits, or an application for federal-state extended benefits or any federally funded unemployment compensation benefits, to apply to the Employment Development Department for benefits during a period of training or retraining. Existing law also requires that a determination of potential eligibility for specified training and retraining benefits be issued to an unemployed individual if the Director of Employment Development finds that specified conditions apply. This bill would establish the California Training Benefits Program, which, among other things, would revise those eligibility requirements to, instead, specify that an unemployed individual who qualifies for unemployment compensation benefits, extended duration benefits, or federal-state extended benefits or any federally funded unemployment compensation benefits, and applies for the program shall be deemed to automatically be eligible for the program during a period of training or retraining. Existing law requires that a determination of potential eligibility for training or retraining benefits be issued to an unemployed individual if the director makes a specified finding. This bill would, instead, require that a determination of automatic eligibility for training or retraining be issued to an unemployed individual if any of specified conditions apply. The bill would also require that, if training or retraining is not authorized under those provisions governing automatic eligibility for those benefits, a determination of potential eligibility for benefits be issued to the unemployed individual if the director finds that specified criteria apply. Existing law requires the department to inform all individuals who claim unemployment compensation benefits in this state of the benefits potentially available, and permits the department to convey this information verbally or in written form, as provided. This bill would, instead, require the department to convey that information verbally, in written form, or online, and would require that the information be made available on the department's Internet Web site in close proximity to information on unemployment compensation claim forms. This bill would provide that these changes are effective on January 1, 2011, unless the department determines that implementation by that date is not feasible, in which case it would require the department to implement the changes no later than July 1, 2011. Because the bill would make various changes to existing eligibility requirements for training and retraining benefits, which would result in additional amounts being payable from the Unemployment Fund for those benefits, the bill would make an appropriation. The bill would require the department, not later than September 1, 2016, to prepare and submit to the Governor and the Legislature a report evaluating the effectiveness of the program, containing data and information as prescribed.

Existing law prescribes the construction and dimensions of a wire lobster trap. This bill would revise the prescribed dimensions of wire lobster traps, and would add provisions relating to the use of a wire to hold the escape gap in place.

Existing civil rights provisions provide that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, or medical condition, or because another person perceives them to have one or more of those characteristics. Those civil rights provisions provide civil remedies for violations of their provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of entering into a contract for the provision of goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity. This bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, and in writing, and expressly not made as a condition of entering into the contract or as a condition of providing or receiving goods or services. This bill would provide that any person seeking the enforcement of a waiver of the protections afforded under those civil rights provisions shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill's provisions would apply to contracts entered into, removed, altered, modified, or extended on and after January 1, 2011. This bill would provide that its provisions shall not be construed to negate other specified provisions. This bill would include legislative findings and declarations with respect to the public policy underlying its provisions. This bill would incorporate additional changes to Section 51.7 of the Civil Code as proposed by AB 2706, to be operative only if AB 2706 and this bill are both enacted and become effective on or before January 1, 2011, both bills amend those sections, and this bill is enacted after AB 2706 is enacted.

Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law gives the authority the power to, among other things, enter into contracts with private or public entities for the design, construction, and operation of high-speed trains. Existing law, the Safe, Reliable, High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. This bill would require any entity applying for a contract with the authority for goods or services related to the high-speed train network, as specified, to affirmatively certify whether it had any direct involvement in the deportation of any individuals to extermination camps, work camps, concentration camps, prisoner of war camps, or any similar camps between specified dates during World War II. The bill would also require the authority to acknowledge and note the importance of complying with this certification, as provided.