(1) The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. This bill would require that the budget submitted by the Governor to the Legislature for the 2014–15 fiscal year and each fiscal year thereafter be developed pursuant to performance-based budgeting methods, as defined, for each state agency and court. (2) Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. The bill would require the budget of the state agency submitted to the department and the Joint Legislative Budget Committee to utilize a performance-based budgeting method, as defined. The bill also would establish a task force comprised of the Director of Finance, the Controller, a minority party member of the Joint Legislative Budget Committee, and the Chairperson of the Joint Legislative Budget Committee to develop performance-based budgeting guidelines and procedures and a process for phasing in requirements of performance-based budgeting and to develop a training and education program for state agency personnel involved in the budget process.
Sponsored bills
Under existing law, prosecution for specified felony sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, and acts of sexual penetration that are alleged to have been committed when the victim was under the age of 18 years, may be commenced at any time prior to the victim's 28th birthday. Existing law also allows a complaint alleging one or more of these offenses to be filed beyond this time limitation in certain specified instances if the crimes involve substantial sexual conduct and there is independent corroborating evidence of the allegations. This bill would allow the prosecution of the felony sex offenses specified above to be commenced at any time if the crime is alleged to have been committed when the victim was under the age of 14.
Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. Existing law provides certain methods for determining workers' compensation benefits payable to a worker or his or her dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in case of death. Existing law requires, in computing average annual earnings for the purposes of temporary disability indemnity and permanent total disability indemnity only, that the average weekly earnings be taken, for injuries occurring on or after January 1, 2006, at not less than $189, nor more than $1,260 or 1.5 times the state average weekly wage, whichever is greater, and, commencing January 1, 2007, and each January thereafter, requires that those limits be increased by an amount equal to the percentage increase in the state average weekly wage as compared to the prior year. Existing law provides that whenever a person confined in the county jail, industrial farm, road camp, or city jail suffers injuries or death while working in the prevention or suppression of forest, brush, or grass fires, he or she shall be considered to be an employee of the county or city, respectively, for purposes of workers' compensation. Existing law provides that persons performing certain duties under a county work release program shall be eligible for workers' compensation. This bill would require, for injuries to an inmate of any county jail or an inmate assigned to a county work release program occurring on or after January 1, 2010, for temporary disability, that the benefit amounts payable to an injured worker be not less than an amount equal to the employee's weekly earnings from all employers, nor more than $1,260, or 1.5 times the state average wage, whichever is greater.
Existing federal law requires the federal government to compensate a state for the costs of incarcerating undocumented criminal illegal aliens, or to take the undocumented criminal alien into federal custody, as specified. This bill would require the Secretary of the Department of Corrections and Rehabilitation to annually bill the federal government for the costs of incarcerating undocumented criminal aliens within California's correctional system. The bill would require the Attorney General to utilize all available legal resources to obtain compliance with payment of the written bill if the federal government fails to make payment. This bill would also require the Department of Justice to collect data on the total number of, and percentage of, undocumented alien inmates in all state and local correctional institutions in the state and to publish the data on its Internet Web site. The data would be required to be annually updated and published.
Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes, among other programs, the Cal Grant A Entitlement Program, the Cal Grant B Entitlement Program, the California Community College Transfer Cal Grant Entitlement Program and the Competitive Cal Grant A and B award program, under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs. This bill would, commencing with the 2010–11 academic year, entitle an otherwise eligible student who is a member or former member of the Armed Forces of the United States, as defined, who meets prescribed requirements, including enrollment in a qualifying undergraduate certificate or degree program, to a Cal Grant A Entitlement Award or a Cal Grant B Entitlement Award. The bill also would require the Student Aid Commission to make preliminary awards to all applicants currently eligible for an award under the program, and would require each person who receives a preliminary award to affirm, in writing, that he or she meets specified requirements for eligibility in the program. The bill would require the commission to randomly select at least 10% of the new and renewal awards made under the program and verify that the student meets specified requirements for eligibility. The bill would require the commission to seek repayment of any funds found to be improperly disbursed under the program, and would require the commission to submit an annual report to the Legislature and the Governor regarding, among other things, the number of awards made under this program.
Existing law provides that criminal trials may only be continued for good cause. Under existing law, good cause is defined to include when a prosecutor assigned to specific types of criminal cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. This bill would include, as good cause, a case involving a violent gang felony, as defined, when the assigned prosecutor has another case in progress, as specified. Existing law provides that only one such continuance per case may be granted to the prosecutor for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. This bill would also limit the prosecutor to one such continuance per case in cases involving violent gang felonies.
Existing law, the Field Act, requires the Department of General Services under the police power of the state to supervise the design and construction of a school building or the reconstruction or alteration of, or addition to, a school building, if not exempted under specified law, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property. This bill would require the department to distribute information on the use of constructability reviews of plans and specifications used for the construction of school facilities and the potential for cost savings that may be realized by the use of a constructability review. The bill would state the intent of the Legislature that the department incorporate this information into existing venues and schedules of communication that the department has established with school districts as a result of its role in the review and approval of school construction plans. The bill would define "constructability review" as a cost control technique by which the project plans and specifications are reviewed to identify potential claim or problem areas and deficiencies in the plans and specifications that may occur as a result of errors, ambiguities, omissions, discrepancies, and conflicts in the plans and specifications. One or more professionals, including, but not limited to, mechanical, electrical, structural, or construction professionals would be authorized to conduct a constructability review.
Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires court authorization except in an emergency situation, as specified, for the administration of psychotropic medication to be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days. This bill would, in a pilot project operative only until January 1, 2013, in 3 counties that are selected by the State Department of Social Services in consultation with the Judicial Council and 2 other specified entities, expand the authority of a juvenile court judicial officer to make orders regarding the administration of psychotropic medications to include a dependent child or ward who has been removed from the physical custody of his or her parent or guardian, or a child who has been removed from the physical custody of a parent or guardian pending adjudication as a dependent child. The pilot project would require the physician submitting the request for psychotropic medication to have conducted an examination of the child or ward. The pilot project would require the request to indicate additional information, including the child's medical history and a description of any clinically indicated therapy recommended for the child to participate in during the 6-month period until the next court review of the psychotropic medication. The pilot project would require the juvenile court judicial officer, before authorizing the administration of psychotropic medication, to make certain findings, including that the child's or ward's caregiver has been informed, and the child or ward has been informed in an age and developmentally appropriate manner, about the recommended medications, the anticipated benefits, the nature, degree, duration, and probability of side effects and significant risks, and any other recommended treatments, that the child or ward has been informed of the right to request a hearing, and that a plan is in place for regular monitoring of the medication, as specified. The pilot project would require a dependent child or ward to be present in court for any hearing on the request for authorization to administer psychotropic medication, except as specified. The pilot project would authorize the court to inquire about specified information in any proceeding in the juvenile court following court authorization for the administration of psychotropic medication to a child or ward. The bill would require the State Department of Social Services, after consultation with the State Department of Mental Health, to report to the Legislature regarding the pilot project before July 1, 2013, as specified. The bill would require the Judicial Council to adopt rules and forms to implement these provisions on or before July 1, 2010. These provisions would remain in effect until January 1, 2014.
Existing law requires the Governor to proclaim various days as holidays and days of remembrance. Existing law also designates certain days in each year as having special significance for purposes of encouraging schools to observe those days and conduct suitable commemorative exercises. This bill would require the Governor to annually proclaim March 30 of each year as "Welcome Home Vietnam Veterans Day." The bill would also encourage schools to conduct exercises on March 30 of each year to recognize the contributions of those involved in the Vietnam conflict.
Existing law makes it a crime for a person or committee to attempt to influence a voter, through the use of money, gifts, loans or other valuable consideration, or through the use of force or coercion, to abstain from voting or to vote for a particular person or measure. This bill would also make it a crime for a person or committee to attempt to influence a voter, through the use of money, gifts, loans or other valuable consideration, or through the use of force or coercion, to register to vote or to vote at an election. The bill would also make it a crime for a person to receive gifts, money, loans, or other valuable consideration in return for registering to vote. Because the bill would create new crimes, 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 no reimbursement is required by this act for a specified reason.