The California Constitution requires the Legislature to pass a budget bill by June 15 of each year for the fiscal year commencing on July 1. Existing law provides that no state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any change in his or her authority, status, or jurisdiction or in his or her salary or other conditions of employment, solely because of the failure to enact a Budget Act for a fiscal year prior to the beginning of that fiscal year. Under the California Constitution, money may be drawn from the Treasury only through an appropriation made by law and upon a Controller's duly drawn warrant. This bill would continuously appropriate from the General Fund and other specified funds to the Controller an amount necessary for the payment of compensation and employee benefits to state employees, as defined, for work performed on or after July 1 of a fiscal year for which no budget has been enacted. This bill would specify, if a memorandum of understanding is in effect that has been approved by the Legislature, that the compensation and contribution for employee benefits for represented state employees be at a rate consistent with the memorandum of understanding and, for state employees excluded from collective bargaining, at the rate approved by the Department of Personnel Administration prior to the commencement of the fiscal year for which a Budget Act has not been enacted. The bill would require, if a memorandum of understanding is not in effect for represented state employees and the department has not approved a compensation package for state employees excluded from collective bargaining, that the compensation and contribution for employee benefits for represented state employees and state employees excluded from collective bargaining be at the rate in effect at the expiration of the last fiscal year for which a budget was enacted. This bill would declare that it is to take effect immediately as an urgency statute.
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Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of these provisions is a crime. Existing law requires that the minimum number of actual nursing hours per patient required in a skilled nursing facility shall be 3.2 hours, with specified exceptions. This bill would increase this requirement to 3.5 nursing hours per patient. By expanding the scope of a crime, 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.
(1) Existing law establishes the University of California, the California State University, and the California Community Colleges as the 3 segments of public postsecondary education in this state. Existing law declares that it is the intent of the Legislature that those institutions provide a collegiate experience that gives each student specified skills and that an undergraduate education prepare students to have the flexibility to adapt to, among other things, new workforce needs. This bill would declare the intent of the Legislature to enact legislation to develop a readiness year program in the public education system that provides basic skills training for individuals entering or reentering an academic institution or the workforce and prepares those individuals to meet California's career technical education and workforce development needs. (2) Existing law establishes the California Postsecondary Education Commission as the statewide postsecondary education planning and coordinating agency and provides for its functions and responsibilities, including advising the Legislature and the Governor on matters related to postsecondary education. This bill would require the commission, in consultation with the office of the Chancellor of the California Community Colleges, to submit a report to the Legislature providing recommendations for basic skills training and contextualized learning programs in the public education system.
Existing law authorizes the establishment of regional occupational centers or programs to provide career technical education and technical training to students. Existing law provides a system for the funding of regional occupational centers or programs that includes provision for the apportionment of state funds to these centers or programs. Existing law requires that, for the 2011–12 fiscal year and each fiscal year thereafter, a regional occupational center or program may claim no more than 10% of the state-funded average daily attendance for which the center or program is eligible, for services provided to students who are not enrolled in grades 9 to 12, inclusive, and up to an additional 5% for CalWORKs, Temporary Assistance Program, or Job Corps participants and participants under the federal Workforce Investment Act of 1998 who are enrolled in Intensive Training services. This bill would instead require that this 10% limit commence with the 2013–14 fiscal year and continue each fiscal year thereafter.
Existing law requires an employer to provide a reasonable amount of break time for lactation purposes and specifies that the break time, if possible, shall run concurrently with any break time already provided to the employee. Under existing law, break time is unpaid if it does not run concurrently with the employee's authorized rest time. Existing law authorizes the Labor Commissioner to issue a citation for the violation of these provisions but exempts the violation from criminal prosecution. This bill would, instead, require an employer to provide a 20-minute paid rest period for lactation purposes during each 4-hour work period, immediately preceding or following the employee's rest period, and would specify that compliance with this requirement does not satisfy or affect an employer's separate obligation to provide a meal or rest period required by statute, an Industrial Welfare Commission order, or a collective bargaining agreement.
Existing law prohibits any person released on parole after having served a term of imprisonment in state prison for an offense requiring registration as a sex offender from living in a single family dwelling, as defined, with any other person also required to register as a sex offender during the period of parole, unless those persons are related by blood, marriage, or adoption. This bill would prohibit any person released on parole after having served a term of imprisonment in state prison for an offense requiring registration as a sex offender from living in multifamily housing in a unit with any other person also required to register as a sex offender during the period of parole, unless those persons are related by blood, marriage, or adoption. The bill would also prohibit any person released on parole after having served a term of imprisonment in state prison for an offense requiring registration as a sex offender from living in a hotel or motel room with any other person also required to register as a sex offender during the period of parole, unless those persons are related by blood, marriage, or adoption. The bill would prohibit the Department of Corrections and Rehabilitation from placing parolees required to register as sex offenders in more than 10% of the rooms in a hotel or motel.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for interdistrict attendance of pupils who are residents of the districts. This bill would make a technical, nonsubstantive change to these provisions.
Existing law prohibits a pupil from receiving a diploma of graduation from high school unless he or she completes specified requirements, including, but not limited to, completing one course in visual or performing arts or foreign language. This bill would require that a pupil take at least 2 courses from the subject areas of visual or performing arts, foreign language, or career technical education, as defined, provided that at least one of these courses is a course in either visual or performing arts or foreign language. The bill would require schools, to the extent practicable, to offer courses within their existing school calendars. Because the bill would require schools to provide a higher level of service, 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 establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, and requires the board to appoint an executive officer, known as the Chancellor of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law authorizes the governing board of a school district to authorize pupils, with parental permission, who would benefit from advanced scholastic or vocational work, to attend community college as special part-time students to undertake one or more courses of instruction at the community college level, in order to provide educational enrichment opportunities for a limited number of eligible pupils. This bill would authorize the Kern, Long Beach, Los Angeles, Los Rios, and San Jose-Evergreen community college districts to enter into partnerships with school districts to provide secondary school pupils who have exhausted all opportunities to enroll in an equivalent course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by the local governing board with the opportunity to benefit from advanced scholastic, career-technical, or vocational coursework. The bill would require, for each partnership entered into pursuant to the bill, the affected community college district and school district to submit an annual report containing prescribed data. The bill would require the Chancellor of the California Community Colleges to conduct an evaluation of the pilot project and submit it to the Legislature, the Director of Finance, and the Superintendent of Public Instruction by December 1, 2013. These provisions would be repealed on January 1, 2015.
The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. The act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the act applicable. Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is a person without lawful immigration status, has filed a prescribed affidavit relating to obtaining lawful immigration status, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. Existing law also requires the waiver of student fees charged by community college districts for students who demonstrate financial need or are otherwise eligible for the waiver. Existing law requires the Board of Governors of the California Community Colleges to allocate, to community college districts for determining financial need and delivering student financial aid services, an amount based on the amount of fees waived. This bill would amend the Donahoe Higher Education Act to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the Regents of the University of California, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under that provision, or who meet equivalent requirements adopted by the regents, to be eligible to receive institutional financial aid awards. The bill would define institutional financial aid as financial assistance offered by a campus of the California Community Colleges, California State University, or University of California, including grant, scholarship, workstudy, and loan programs. The bill would specify that institutional financial aid does not include a specified board of governors fee waiver. The bill would declare that it is a state law within the meaning of a federal statute that permits a state to provide an alien who is not lawfully present in the United States with eligibility for a state or local public benefit only through the enactment of a state law affirmatively providing for that eligibility. The bill would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable.