This measure would recognize National Flag Day on June 14, 2012, honor the 52nd anniversary of the flying of the current American flag, and encourage all Californians to celebrate the occasion with appropriate activities.
Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The University of California (UC) system includes 10 campuses, which are respectively located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would express findings and declarations of the Legislature relating to, among other things, the role of the UC Riverside Medical School in supporting California's health care infrastructure. The bill would, from any amount paid to the State of California as a result of an investigation into possible overpayments of state funds to the Senior Care Action Network (SCAN) Health Plan and available for expenditure for the purposes of the bill, as the highest priority for the use of these funds, transfer $15,000,000 to the Regents of the University of California for allocation to the School of Medicine at the University of California, Riverside, thereby making an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing provisions of the California Constitution generally require a bill containing a General Fund appropriation to be passed by a 23 vote of both houses of the Legislature. The Budget Bill and other bills providing for appropriations related to the Budget Bill, as defined, are exempt from this requirement and may be passed by a majority vote, to take effect immediately upon being signed by the Governor or upon a date specified in the legislation. This measure would repeal both those provisions exempting the Budget Bill and other bills providing for appropriations related to the Budget Bill from the 23-vote requirement, and the provisions specifying that those bills take effect immediately. (2) Existing provisions of the California Constitution prohibit the Legislature from sending to the Governor for consideration, and prohibit the Governor from signing, a Budget Bill that would appropriate from the General Fund a total amount that, when combined with specified appropriations and transfers, exceeds General Fund revenues for that fiscal year estimated as of the date of the Budget Bill's passage. This measure would require that the estimate of General Fund revenues described above be made by the Legislative Analyst. The measure would require the Legislative Analyst, within 3 days after a Budget Bill is submitted to the Governor, to certify whether the Budget Bill meets the above requirement regarding appropriations from the General Fund. The Governor would be prohibited from signing a Budget Bill that the Legislative Analyst certifies as not meeting that requirement unless the Governor reduces or eliminates items of appropriation in the bill and the Legislative Analyst certifies that the bill, as adjusted, meets that requirement. This measure would prohibit either house of the Legislature from adjourning for more than 10 days after sending a Budget Bill to the Governor until the Legislative Analyst has provided the certification described above.
This measure would proclaim June 2012 as Scleroderma Awareness Month.
(1) Existing law establishes rules for the operation of, and requirements for equipment of, an off-highway vehicle. A violation of these rules and requirements is a crime. This bill would define an off-highway motor vehicle to include a recreational off-highway vehicle, as defined. The bill would establish additional requirements governing the operation of a recreational off-highway vehicle. Because a violation of these provisions is a crime, this bill would impose a state-mandated local program. (2) 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 establishes the Fair Political Practices Commission, which has the primary responsibility for the impartial, effective administration and implementation of the act, including acting as the civil prosecutor responsible for the enforcement of the penalty provisions of the act. This bill would, upon mutual agreement between the Fair Political Practices Commission and the Board of Supervisors of the County of San Bernardino, authorize the Commission to have primary responsibility for the impartial, effective administration, implementation, and enforcement of a local campaign finance reform ordinance of the County of San Bernardino. The bill would authorize the Commission to investigate possible violations of the local county campaign finance reform ordinance and bring administrative actions against persons who violate the ordinance, as specified. The bill would require the Board of Supervisors of the County of San Bernardino to consult with the Commission prior to adopting and amending any local campaign finance reform ordinance that is subsequently enforced by the Commission. The bill would specify that the Board of Supervisors of the County of San Bernardino and the Commission may enter into any agreements necessary and appropriate for the operation of these provisions, including agreements for reimbursement of state costs with county funds, as specified. The bill would provide that the Board of Supervisors of the County of San Bernardino or the Commission may, at any time, by ordinance or resolution, terminate any agreement for the Commission to administer, implement, or enforce the local campaign finance reform ordinance or any provision thereof. The bill would require the Commission to report to the Legislature with specified information on or before January 1, 2017, if the Commission enters into an agreement with the Board of Supervisors of the County of San Bernardino. This bill would repeal its provisions on January 1, 2018, as specified. The bill would make legislative findings and declarations concerning the need for special legislation. 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.
The California Community Care Facilities Act provides for the licensing and regulation of community care facilities, including, among others, foster family homes, small family homes, and foster family agencies, as defined. Under existing law, a violation of the act is a misdemeanor. Existing law limits foster family homes and small family homes to 6 or fewer foster children, but allows a licensing agency to increase that limit to 8 foster children under specified circumstances. Existing regulations of the State Department of Social Services require that these licensing agencies include biological, adoptive, and guardianship children in the number of children for whom these homes are licensed to provide care and supervision. Existing law also requires the licensing agency to take into consideration how many children, in addition to the children already living in the home, the caregiver is capable of providing care and supervision to and that the home can accommodate. Under existing law, the State Department of Social Services is required to develop a program to establish specialized foster care homes for children with special health care needs. No more than 2 foster care children are permitted to reside in a specialized foster care home, except that an additional foster child, or children, may be permitted if specified conditions are met. This bill would specify that, in determining the licensed capacity of a specialized foster family home or a specialized certified family home, the State Department of Social Services shall consider all adoptive, biological, and foster children, and children in guardianship living in the home, in order not to exceed a total of 6 children living in the home. The bill also would make conforming and technical changes. This bill would state that its provisions are declaratory of existing law.
Existing law provides that a party's absence, relocation, or failure to comply with custody and visitation orders is not, by itself, sufficient to justify modifying a custody or visitation order if the party's absence, relocation, or failure is due to his or her activation to military service, mobilization in support of combat or other military operation, or military deployment out of state, as defined. Existing law authorizes a court to issue a temporary order for custody and visitation for the period in which the party will be deployed, mobilized, or on temporary duty. Under existing law, there is a presumption that, upon the return of that party, the order shall revert back to the custody order that was in place before the modification unless the reversion is not in the best interest of the child. This bill would, after the deploying party returns from deployment, prohibit the court from ordering a child custody evaluation as part of its review of a temporary order unless the party opposing reversion to the prior custody order makes a prima facie showing that reversion would not be in the child's best interest. Further, the bill would provide that neither a child's absence from the state during a parent's deployment nor a nondeploying parent's relocation during a parent's deployment while a temporary modification order is in effect would terminate the family court's jurisdiction for later custody modifications. This bill would also prohibit a parent's deployment from being used as a basis for asserting that the state court is an inconvenient forum for custody orders. The bill would additionally express the intent of the Legislature that family courts, to the extent feasible given existing resources and court practices, prioritize and expedite child custody cases when a military parent is deployed or returns from deployment.
The California Constitution provides that a person shall be disqualified from holding office if he or she has been convicted of bribery, and directs the Legislature to enact laws to exclude persons convicted of malfeasance in office or other high crimes from office. Under existing statutory law, a person is disqualified from holding any office upon the conviction of specified crimes designated in the Constitution or statute. Existing law enumerates events causing a vacancy in office, including the conviction of a felony or any offense involving a violation of official duties. This bill would disqualify for 5 years a person who employed at will for the purposes of providing services to an elected public officer from any public employment, including, but not limited to, employment with a city, county, district, or any other public agency of this state, if he or she is convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of his or her duties as a public employee. That 5-year disqualification period would begin at the later of either the person's final conviction or release from any incarceration.
Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, including firearm safety. This bill would require the sheriff or head of a municipal police department to issue that license if the applicant meets those requirements. The bill would also specify that good cause, for purposes of these provisions, includes personal protection or self-defense. Because the bill would impose new duties on local law enforcement officials who will be required to issue these licenses if all of the requirements are met, 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.
