Asm. Mike Eng

Existing law requires that for a contract to be enforceable it be lawful, the parties have the capacity to contract and provide consent, and for sufficient consideration to be provided. Existing federal law provides that charitable contributions made to a tax-exempt charitable organization are tax deductible. This bill would provide that a promise to make a gift, bequest, or devise of cash or other property to a tax-exempt charitable organization would be an enforceable contract without consideration, if the promisor indicated in writing an intent that the promise is a binding legal obligation.

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.

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.

This measure would urge various state and private entities to withhold financial support of Arizona businesses in response to recent Arizona state laws relating to illegal immigration.

This measure would declare February 19, 2010, as a Day of Remembrance in order to increase public awareness of the events surrounding the internment of Americans of Japanese ancestry during World War II.

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would enact the Advance Infrastructure Mitigation Program Act, which would establish the Advance Infrastructure Mitigation Program, including defining terms for that purpose. The bill would authorize the Natural Resources Agency (agency) to administer and implement the program by taking certain actions. Those actions would include preparing, approving, and implementing regional advance mitigation plans, the contents of which the bill would specify, for planned infrastructure projects, as defined, identified by an infrastructure planning agency, as defined. The bill would require the agency to publish a regional advance mitigation plan on its Internet Web site for public review and comment 45 days prior to adoption of the plan. The bill would specify that the purpose of a regional advance mitigation plan is to provide effective mitigation and conservation of natural resources and natural processes on a landscape, regional, or statewide scale, to expedite the environmental review of planned infrastructure projects, and to facilitate the implementation of measures to mitigate the impacts of those projects by identifying and implementing mitigation measures in advance of project approval. The bill also would authorize the agency to acquire, restore, manage, monitor, and preserve lands, waterways, aquatic resources, or fisheries, or fund those actions, in accordance with an approved regional advance mitigation plan or as otherwise specified, and to establish or fund the establishment of mitigation banks and conservation banks and purchase credits at those types of banks. The bill would authorize the agency to take other actions with respect to mitigation credits or values created or acquired under the program. The bill would authorize an infrastructure planning agency to identify planned infrastructure projects for the purpose of including the projects in a regional advance mitigation plan or for other advance mitigation under the program, and would authorize the agency to enter a memorandum of understanding or other agreement with an infrastructure planning agency for specified purposes of the program. The bill would establish the Advance Infrastructure Mitigation Fund in the State Treasury. Upon appropriation by the Legislature, the bill would require moneys in the fund to be used by the agency to administer and implement the program. The bill would specify that the program is intended to improve the efficiency and efficacy of mitigation only and is not intended to supplant the requirements of CEQA or any other environmental law.

Existing law authorizes the governing board of any school district maintaining secondary schools to establish and maintain classes for adults, provided these classes meet specified requirements. This bill, subject to an appropriation in the annual Budget Act or another statute for these purposes, would require the Legislative Analyst's Office, by January 1, 2012, to report to the Legislature on various issues concerning adult education program funding, as specified. The bill would require the State Department of Education and the Chancellor of the California Community Colleges to provide data requested by the Legislative Analyst's Office for the purposes of this report, or to provide assistance to the Legislative Analyst's Office to obtain the data if the data is not readily available.

This measure would memorialize the President and the Congress of the United States to enact the American Recovery and Reinvestment Act of 2009, which would make supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and state and local fiscal stabilization.

This measure would recognize February 2010 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.

Existing law requires that employees of the state who have exhausted all available sick leave be permitted to take a leave of absence with pay, not exceeding 30 days for the purpose of organ donation and not exceeding 5 days for bone marrow donation, as prescribed. This bill would require private employers to permit employees to take similar paid leaves of absence for organ and bone marrow donation. The bill would require a private employer to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The bill would prohibit a private employer from interfering with an employee taking organ or bone marrow donation leave and from retaliating against an employee for taking that leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The bill would also create a private right of action for an aggrieved employee to seek enforcement of these provisions.