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.
Under existing law, an office becomes vacant on the occurrence of certain events. Existing law specifies that when a public officer is removed, declared insane, or convicted of a felony or offense involving a violation of his or her official duty, or when his or her election or appointment is declared void, the body or person before whom the proceedings are had is required to give notice thereof to the officer empowered to fill the vacancy. This bill would provide that an appointed or ex officio individual also vacates an office where the individual has been debarred, suspended, disqualified, or otherwise excluded from participating in federal "covered transactions," as prescribed under federal law.
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, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board. This bill would rename that law the Contractors State License Law and would rename the board the Contractors State License Board. The bill would rename specified classifications of contractors, and would make other technical, nonsubstantive, and conforming changes to related provisions. The bill would provide that the changes made by any other act to a provision also changed by this bill shall prevail over the changes in this bill.
Existing law prescribes procedures for the issuance of registered warrants and provides that a registered warrant is acceptable and may be used as security for the performance of any public or private trust or obligation. This bill would, if the Controller makes a specified determination, require a state agency to accept, from a person or entity, a registered warrant issued by the Controller and endorsed by that payee, at full face value, for the payment of any obligations owed by that payee to that state agency. The bill would specify that its requirements do not apply to certain obligations and would require the Controller, on or before the September 1 following the conclusion of a fiscal year in which a state agency is required to accept registered warrants pursuant to these provisions, to submit a report to the Joint Legislative Budget Committee. The bill would make its provisions inoperative on July 1, 2012, and would repeal them on January 1, 2013. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law addresses aspects of the jurisdiction of state agencies and law enforcement in regard to long-term care facilities and elder and dependent adult abuse, as specified. This bill would further specify the jurisdiction of various state agencies and of law enforcement in regard to investigating those facilities and that conduct. Existing law regulates the investigation and prosecution of crimes against a dependent adult, which is defined to include a person who is between 18 and 64 years of age, inclusive, and who has a physical or mental limitation which restricts his or her ability, or substantially restricts his or her ability, to carry out normal activities or to protect his or her rights, including, but not limited to, a person who has a physical or developmental disability or whose physical or mental abilities have diminished, or significantly diminished, because of age. Under existing law, the term also includes any person between 18 and 64 years of age, inclusive, who is admitted as an inpatient to certain 24-hour health facilities. Existing law authorizes any county to establish an interagency elder death review team to assist local agencies in identifying and reviewing suspicious elder deaths and facilitating communications among persons who perform autopsies and persons involved in the investigation or reporting of elder abuse or neglect. Existing law establishes procedures for the sharing or disclosure of information by elder death review teams. This bill would rename these teams "elder and dependent adult death review teams" and would expand the authority of these teams to cover dependent adult death, abuse, and neglect, as specified. Existing law provides for the training of peace officers. This bill would require the Commission on Peace Officer Standards and Training and the Bureau of Medi-Cal Fraud and Elder Abuse to consult with each other and with other subject matter experts when producing new or updated training materials relating to elder and dependent adult abuse, as specified. Existing law provides for the creation of an advisory committee responsible for developing a course of training for district attorneys in the investigation and prosecution of sexual assault cases, child sexual exploitation cases, and child sexual abuse cases. Existing law requires that the courses shall include training in the unique emotional trauma experienced by victims of these crimes. Existing law requires that the committee shall consist of 11 members of which 6 shall be public members appointed by the Commission on the Status of Women, as specified. This bill would require that one of the appointees of the Commission on the Status of Women be an expert on crimes against persons with disabilities or other representative of the disability community, appointed as specified. Existing law provides that each county shall establish an emergency response adult protective services program that shall provide in-person response, 24 hours per day, 7 days per week, to reports of abuse of an elder or dependent adult, as specified. This bill would make technical changes to those provisions.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. Existing law requires a child to be placed in one of 8 placement categories in order to be eligible for AFDC-FC payments, including the approved home of a relative or a nonrelative extended family member. In addition, existing law requires, except as specified, that the standards used to determine suitability of relative and nonrelative extended family member placements be the same standards set forth in the regulations for the licensing of foster family homes. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities by the State Department of Social Services, including specified inspection authority for specific categories of facilities, including licensed foster family homes. Existing law excludes relative and nonrelative extended family member placements from the act. However, existing law also requires, with specified exceptions, that the standards used to determine suitability of relative and nonrelative extended family member placements be the same standards set forth in the regulations for the licensing of foster family homes. The Community Care Facilities Act requires every licensed community care facility to be subject to unannounced visits by the department, as often as necessary to ensure the quality of care provided. This bill would require, subject to specified conditions, the approval of an approved home of a relative or nonrelative extended family member for which an annual visit to ensure the quality of care provided is pending, to remain in full force and effect, and would prohibit payment to the approved home of a relative or nonrelative extended family member from being delayed or terminated solely due to late completion of the annual visit. Existing law continuously appropriates moneys from the General Fund to pay for the state's share of AFDC-FC costs. This bill would declare that no appropriation would be made for purposes of the bill. By increasing duties of counties administering the AFDC-FC program, 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.
(1) The California Constitution requires the State Board of Equalization to assess the property, other than franchises, of companies transmitting or selling gas or electricity. Existing property tax law provides for the valuation, as a unit, of properties of a state assessee that are operated as a unit as a primary function of that assessee, and for the allocation of the assessed value of the unit among various counties in which the state‑assessee's unitary property is located. Existing law also provides, pursuant to specified formulas, for the application in each county of specified tax rates to unitary assessed value, and for the allocation among jurisdictions in that county of the resulting revenues. This bill would, for the 2010–11 fiscal year and for each fiscal year thereafter, require the assessed value of specified property that is located within a redevelopment project area of a joint powers authority be allocated exclusively to the county in which the facility is located, and that the revenues derived from the assessment of this property be allocated in the same percentage shares as revenues derived from locally assessed property among the jurisdictions in which the property is located, as provided. This bill would authorize the State Board of Equalization to amend the tax rolls for the 2010–11 fiscal year in order to provide these allocations. This bill would also make conforming changes to related provisions. (2) This bill would make legislative findings and declarations as to the necessity of a special statute. (3) This bill would also incorporate additional changes in Section 100 of the Revenue and Taxation Code, proposed by SB 1398, to be operative if SB 1398 and this bill are both enacted and become effective on or before January 1, 2011, and this bill is enacted last. (4) By establishing new duties with respect to the annual allocation of property tax revenues derived from state‑assessed property, this bill would create 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. (5) This bill would change the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county, within the meaning of paragraph (3) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (6) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law created the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund in the State Treasury and requires those moneys to be allocated for the annual administrative and oversight costs of the veterans cemetery, as specified. This bill would require the Department of Veterans Affairs, in voluntary cooperation with the Board of Supervisors of the County of Monterey, the City of Seaside, the Fort Ord Reuse Authority, and local agencies to design, develop, and construct the California Central Coast Veterans Cemetery at Fort Ord, as specified. This bill would require the Secretary of the California Department of Veterans Affairs to appoint an Advisory Committee to advise the department when considering significant changes to the cemetery, as provided. This bill would require additional revenues identified for the administration and oversight of the cemetery to be deposited in the Endowment Fund, as specified. (2) Existing law requires the department to develop and submit a Veterans Cemetery Grant Program application to the United States Department of Veterans Affairs for the establishment of a veterans cemetery, as provided. Existing law requires the Controller to transfer moneys from the Endowment Fund to the Operations Fund in the amount equal to the costs of developing and submitting the State Veterans Cemetery Grant Program application, as provided. This bill would require the Controller, upon the appropriation of the Legislature, to transfer funds from the Endowment Fund to the Operations Fund in the amount at least equal to the estimated costs to complete preliminary plans and working drawings. This bill would authorize the department, upon the transfer of those funds, to proceed with all activities necessary to support the submission of the grant application, and, upon the United States Department of Veterans Affairs certification of the grant award to begin construction and equipping the veterans cemetery. This bill would define "phases" to mean the usual phases of a capital outlay project, as specified. (3) Existing law requires the department to adopt regulations for eligibility requirements, as provided, and authorizes the burial of honorably discharged veterans and their spouses and children in the veterans cemetery. This bill would require regulations to apply to all state-operated veterans cemeteries, as specified, and would limit burial of the children of honorably discharged veterans in the veterans cemetery to only dependent children.
The federal Indian Child Welfare Act governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of his or her parent or guardian. Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law recognizes that the Indian Child Welfare Act applies if the subject of these proceedings is or may be an Indian child and specifies conforming procedures in these cases with regard to the right to notice and intervention accorded the child's tribe and the standard of proof applied in evaluating the evidence submitted, among other things. Existing law provides various definitions for these purposes. This bill would revise the definition of "Indian child" for purposes of Indian child custody proceedings to include an unmarried person who is 18 years of age or over but under 21 years of age, and who is either a member of an Indian tribe or eligible for membership in an Indian tribe, as specified.
