Existing law authorizes a superior court to appoint official reporters and prescribes the fees for their services. Existing law requires that transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper be compensated at the same rate set for paper transcripts, except as specified. Existing law establishes certain fees for second copies of transcripts, as specified, including transcripts in computer-readable format. Existing law authorizes a court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, pursuant to court order or rule, or for internal use, without paying a further fee to the reporter, but prohibits otherwise providing or selling a copy or copies to any other party or person. This bill would limit the reproduction provisions described above to computer-readable transcripts. This bill would additionally authorize, in the case of transcripts that are not computer-readable, the purchaser of a transcript to reproduce the transcript for internal use or in response to a request for discovery, a court order, or subpoena, or as permitted by rule of court or statute, without paying a further fee to the reporter, but would prohibit otherwise providing or selling a copy or copies to any other party or person.
Sponsored bills
The California Constitution requires the Governor, within the first 10 days of each calendar year, to submit to the Legislature a budget for the ensuing fiscal year containing itemized statements for recommended state expenditures and estimated state revenues. Existing law requires the Director of Finance to provide to the Legislature, on or before May 14 of each year, specified information, including an estimate of General Fund revenues for the current fiscal year and for the ensuing fiscal year. This bill would require the Director of Finance to calculate any increase between the General Fund revenue estimate for the 2013–14 fiscal year in the Governor's Budget Summary 2014–15 and the estimate of General Fund revenue for the 2013–14 fiscal year submitted by the Director of Finance on or before May 14, 2014. The bill would require the Director of Finance to calculate any increase between the General Fund revenue estimate in the budget for the 2014–15 fiscal year submitted by the Governor and the estimate of General Fund revenues for the 2014–15 fiscal year submitted by the Director of Finance on or before May 14, 2014. The bill would prohibit General Fund appropriations other than those made by this bill for the 2013–14 and 2014–15 fiscal years from exceeding the amount of General Fund revenues in the budget approved for the 2013–14 fiscal year and, for the 2014–15 fiscal year, in the budget submitted by the Governor. The bill would appropriate the amount of any increase in General Fund revenues calculated by the Director of Finance necessary to meet the state's minimum funding obligation pursuant to Section 8 of Article XVI of the California Constitution to the Controller for apportionment to school districts and community college districts. If any funds remain after this appropriation, the bill would appropriate 50% of the remaining funds to the Budget Stabilization Account and would appropriate 50% of the funds, up to $2.534 billion, to specified transportation funds and accounts for immediate repayment of outstanding loans made from those transportation funds and accounts to the General Fund. The bill would appropriate certain amounts repaid to specified transportation funds and accounts for local street and road purposes, to be apportioned by the controller according to a specified formula. The bill would appropriate any funds remaining after these appropriations to the Budget Stabilization Account.
Existing law provides for the regulation of telephonic sellers, and requires that a telephonic seller register with the Department of Justice and file specified information with the department, as specified. Existing law defines "telephonic seller" to include, among others, a person who represents or implies in a telephonic solicitation, whether or not initiated by the telephonic seller, that he or she is offering to make a loan, or to arrange or assist in arranging a loan or to assist in providing information that may lead to the obtaining of a loan, with a specified exception. Existing law makes it a misdemeanor to solicit prospects on behalf of a telephonic seller who is not registered with the department. This bill would include in the definition of telephonic sellers a person who represents or implies in a telephonic solicitation, whether initiated by the telephonic seller or made in response to inquiries generated by advertisements on behalf of the telephonic seller, that he or she is offering to arrange or assist in arranging the modification of an existing loan, or to assist in providing information that may lead to the obtaining of a loan modification, as specified. The bill would require these telephonic sellers to file certain information with the department, including the names and addresses of all persons who, in the previous 24 months, obtained loan modifications for individuals who responded to the seller's solicitations or representations. Because the bill would expand the scope of a crime, 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.
Existing law requires a process server to register with the county clerk where he or she resides or has a principal place of business. Existing law also requires any corporation or partnership that derives compensation from service of process in this state to register with the county clerk where the corporation or partnership has its principal place of business. Existing law requires the county clerk to retain the certificate of registration, as specified. Existing law also requires the county clerk to receive Live Scan fingerprint results and the presiding judge of the superior court is authorized to review the criminal record of registrants convicted of a felony and to take appropriate action, as specified. Existing law also requires the county clerk to provide a variety of administrative services pertaining to the registration of process servers. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. This law would remove oversight of the registration of process servers from the counties and place it within the State Bar of California. This bill would also make technical, nonsubstantive changes to correct cross references.
Existing law, the Orange County Water District Act, prescribes the powers of the Orange County Water District. Existing law grants the district the power to perform actions useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district. The act authorizes the district to conduct any investigations of the quality of the surface and groundwaters within the district that the district determines to be necessary and appropriate to determine whether those waters are contaminated or polluted. The act authorizes the district to expend available funds to perform any cleanup, abatement, or remedial work required under the circumstances which, in the determination of the board of directors, is required by the magnitude of the endeavor or the urgency of prompt action needed to prevent, abate, or contain any threatened or existing contamination of, or pollution to, the surface or groundwaters of the district, and requires the person causing or threatening to cause that contamination or pollution to be liable to the district to the extent of the reasonable costs actually incurred. This bill would require the district, when cleaning up or containing contamination or pollution, abating the effects of the contamination or pollution, or, in the case of threatened contamination or pollution, taking other removal or remedial action described above, to provide prior notice of the action to a regional water quality control board and the Department of Toxic Substances Control, to meet and confer with agencies and any responsible party, as provided, and to comply with the requirements of the National Contingency Plan, as prescribed. Among other things, bill would state the intent of the Legislature that the district adopt a policy to address the process for groundwater remediation projects and that the district enter into a memorandum of understanding between it, the Department of Toxic Substances Control, the California Regional Water Quality Control Board, Santa Ana region, and the Orange County Health Care Agency to establish a process of review of the district's proposed groundwater remediation projects. The bill would declare that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. 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 provides that a person is guilty of disorderly conduct, a misdemeanor, when a person solicits or agrees to engage in or engages in any act of prostitution, as defined. Existing law imposes certain additional requirements on an accusatory pleading charging a violation of those provisions, and provides for certain enhanced penalties for violations of those provisions, if the defendant has been previously convicted of a violating those provisions. This bill would instead provide that a person who solicits or who agrees to engage in or who engages in any act of prostitution in exchange for his or her receipt of money or other consideration from another person is guilty of disorderly conduct, a misdemeanor. The bill would also provide that a person who solicits or who agrees to engage in or who engages in any act of prostitution in exchange for his or her payment, or offer to pay, another person money or other consideration, is guilty of disorderly conduct. The bill would make that offense punishable by confinement in a county jail for a minimum of 48 hours and a maximum of 6 months, and by a fine of not less than $1,000 and not more than $10,000. If the other person is a minor, as defined, 16 years of age or older, the bill would make that offense punishable by confinement in the state prison for 16 months, or 2 or 3 years, and by a fine of not less than $1,000 and not more than $25,000. If the other person is a minor, as defined, 16 years of age or younger, the bill would make that offense punishable by confinement in the state prison for 16 months, or 2 or 3 years, by a fine of not less than $1,000 and not more than $25,000, and by requiring the defendant to register as a sex offender. The bill would also impose additional requirements on an accusatory pleading charging a violation of its provisions, and require certain enhanced penalties for multiple convictions of violations of its provisions or certain existing provisions of law. By creating new crimes and increasing the obligations of county jail facilities, 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 no reimbursement is required by this act for a specified reason.
Existing law prescribes the procedure for taking oral depositions inside the state, including the procedure for recording a deposition by means of audio or video technology. At the trial or any hearing in an action, existing law authorizes the use of a deposition against a party for specified purposes. This bill would define "use of a deposition" to mean the use of a transcript or a video recording of the deposition testimony.
Existing law provides that an owner of property taken by eminent domain is entitled to compensation for loss of goodwill if the owner proves certain specified elements. This bill would require than an owner additionally prove that goodwill existed before the taking. The bill would provide that evidence of the other elements would be presented to the trier of fact only if the owner produces evidence tending to show that goodwill existed before the taking.
Existing law, for purposes of public works contracts, defines the term "responsible bidder" to mean a bidder that has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. This bill would require a state agency that solicits offers, awards a contract, or consents to subcontracts, under the Small Business Procurement and Contract Act, for goods and services under other specified law, or for information technology, to do so only with responsible and reliable parties. The bill would require the Department of General Services to adopt regulations for that procurement to provide for the suspension, debarment, or other exclusion of a party in a procurement activity that has not demonstrated the attribute of trustworthiness, or lacks the quality, fitness, capacity, and experience to satisfactorily perform a contract under those provisions. The bill would prohibit a state agency from allowing a party to participate in any procurement activity if the party has been suspended, debarred, or otherwise excluded from participation pursuant to those regulations.
Existing law prescribes procedures governing disputes between exclusive bargaining representatives of public transportation employees and local agencies, and authorizes the Governor, when it appears a strike will significantly disrupt transportation services and endanger public health, safety, and welfare, to appoint a board to investigate issues in connection with these labor negotiations and make a report. Existing law prohibits a strike during the period of investigation and permits the Governor, upon receiving a report from a board of investigation, to request the Attorney General to petition a court to enjoin the strike, as specified. This bill would repeal those provisions that authorize the Governor to appoint a board to investigate when it appears a strike will significantly disrupt transportation services, prohibit a strike during the period of investigation, and that authorize the Governor to request the Attorney General to petition a court to enjoin the strike. The bill would instead prohibit a state or local public transportation employee or public transportation employee organization from engaging in, causing, instigating, encouraging, or condoning a strike. The bill would also provide that a person who, on behalf of a public transportation employer, exercises authority, supervision, or direction over a public transportation employee shall not have the power to, and shall not purport to, authorize, approve, condone, or consent to a strike by a public transportation employee. The bill would establish a process for a public transportation employee to object to a determination by the chief executive officer of the public transportation employer that he or she violated these provisions by filing a sworn affidavit under penalty of perjury, thus expanding the definition of a crime. The bill would require the chief executive officer, if he or she determines that the objection raises a question of fact that if resolved in favor of the employee would establish that the employee did not commit the violation, to appoint an officer to conduct a hearing on the matter at which the employee would bear the burden of proving by a preponderance of the evidence that he or she did not commit the violation, as specified. The bill would require the Public Employment Relations Board to hold a hearing to determine whether an employee organization violated these provisions, and would require the employer and the employee organization to be permitted to be represented by counsel. The bill would provide that a public transportation employee who violates these provisions is subject to removal or other disciplinary action, and would authorize the chief financial officer of the employer to deduct from the compensation of a public transportation employee found to have violated these provisions an amount equal to twice his or her daily rate of pay for each day or part thereof that it was determined that he or she violated these provisions. The bill would also require the board, if it determines that an employee organization violated these provisions, to order forfeiture of specified rights granted by state law to recognized employee organizations. The bill would also require the chief executive officer of the employer, within 60 days of the end of a strike, to prepare a written report, to be made public, that contains specified information regarding the circumstances surrounding the strike, the names of those public transit employees who the chief executive officer has reason to believe were responsible for causing, instigating, or encouraging the strike, and the sanctions imposed or proceedings pending against those employees. Because the bill would expand the definition of a crime and require local officers to perform additional duties, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.