Existing law, the Instructional Materials Funding Realignment Program, provides for funds to be apportioned to school districts based upon enrollment to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials, as adopted by the State Board of Education subsequent to the adoption of content standards, or as adopted by the local governing board, for grades 9 to 12, inclusive. This bill would provide that a local governing board may use funding received pursuant to these provisions to purchase state-adopted instructional materials for kindergarten and grades 1 to 8, inclusive, and state standards-aligned materials for grades 9 to 12, inclusive, in an electronic or hardbound format if it can ensure that each pupil will be provided with a copy of the instructional materials to use at school and at home. However, providing access to the materials at school and at home would not require the local educational agency to purchase 2 sets of materials.
Sponsored bills
Existing law requires that an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after the plaintiff discovers, or should have discovered, the wrongful act or omission, or 4 years from the date of the wrongful act or omission, whichever occurs first. This bill would provide that, if the plaintiff is required to establish his or her factual innocence for an underlying criminal charge as an element of his or her claim against an attorney, the time period to commence this action shall be 2 years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Existing law provides that any finding that an arrestee is factually innocent, as specified, shall not be admissible as evidence in any action. This bill would provide that, notwithstanding this provision, a finding that an arrestee is factually innocent shall be admissible as evidence at a hearing before the California Victim Compensation and Government Claims Board. Existing law allows a presiding judge, whenever a person is acquitted of a charge and it appears to the judge that the defendant is factually innocent of the charge, to order that the records in the case be sealed. This bill would require a judge, upon written or oral motion of any party in the case or the court, to order that the records in a case be sealed whenever a person is convicted of a charge and the conviction is set aside because a determination was made that the person was factually innocent. Existing law allows a person erroneously convicted and imprisoned to present a claim within a period of 6 months after judgment of acquittal or discharge given, or after pardon granted, or after release from imprisonment, against the state to the California Victim Compensation and Government Claims Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. This bill would instead provide that a person erroneously convicted and imprisoned may present this claim within 2 years. Existing law establishes a process for a hearing on an erroneously convicted person's claim at which the claimant is required to introduce evidence in support of the claim and the Attorney General may introduce evidence in opposition. Existing law requires the claimant to prove the facts set forth in the statement constituting the claim, including that the crime charged was either not committed at all, or, if committed, not committed by the claimant, and the fact that the claimant did not, by any act or omission, either intentionally or negligently, contribute to the bringing about of his or her arrest or conviction, and that he or she sustained pecuniary injury. If the evidence shows that the claimant has proved these facts, existing law requires the board to recommend to the Legislature that an appropriation be made for indemnifying the claimant. This bill would remove the requirement on the claimant to prove that he or she did not negligently contribute to his or her arrest or conviction. The bill would provide that when determining whether the claimant intentionally contributed to the bringing about of his or her arrest or conviction, the factfinder shall not consider statements obtained from an involuntary false confession or involuntary plea. The bill would provide that the claimant shall bear the burden of proving by a preponderance of the evidence that the statements were obtained from an involuntary false confession or involuntary plea.
(1) The County Employees Retirement Law of 1937 permits counties and districts, as defined, to provide retirement benefits to their employees pursuant to its provisions. The law permits the board of supervisors or the governing body of a district in Orange County, by resolution adopted by majority vote and pursuant to a memorandum of understanding, as specified, to make certain formulas for the calculation of benefits for general or safety members applicable to the employees of a bargaining unit comprised of general members, safety members, or employees of the Probation Services Unit and Probation Supervisory Management Unit, as specified, and requires the affected members, subject to certain conditions, to pay some or all of those additional contributions, as specified. This bill would permit, in Orange County, the board of supervisors, or the governing body of a district within the county, by resolution adopted by majority vote, to require an employee hired after approval of the resolution, to make a written election between 2 specified pension calculations within 45 days of beginning employment. The bill would require that an employee who fails to elect one of the pension calculations within 45 days of beginning employment be deemed to have elected the other. The bill would also permit the resolution, as described above, to require a current employee to make a similar written election regarding his or her own pension benefits for future service within 180 calendar days of approval of the resolution. The bill would require that a current employee who chooses to terminate a specified pension calculation be provided with a written explanation of the effect and impact of the termination and sign a specified affidavit. The bill would further permit the resolution to require a current employee of the county or district, hired before approval of the resolution, who subsequently becomes eligible for a specified pension calculation to make a one-time written election between the 2 pension calculations for future service within 45 days of becoming eligible. The bill would require that the employee who chooses to terminate a specified pension calculation be provided with a written explanation of the effect and impact of the termination and sign a specified affidavit. The bill would provide that failure to make an election within 45 calendar days shall be considered cause for termination of employment until the required election has been made. The bill would make these elections irrevocable, except as specified. The bill would require that a retirement allowance for service rendered prior to the effective date of the election be calculated under the employee's prior pension calculation and would provide that an employee who has made this election is not eligible for retirement unless the employee meets the minimum requirements of the provisions applicable at the date of retirement. The bill would require that specified pension elections include the signature of the employee's designated beneficiary or a specified written declaration. The bill would provide a civil penalty for a person who knowingly provides false information in the declaration, in an action to be brought at the option of a public prosecutor. The bill would require that an employee who elects the lesser of the 2 specified pension calculations be eligible to receive a contribution to a defined contribution program from the county or district based on the employee's contribution to a defined contribution program. The bill would permit the resolution to require a member who elects or is deemed to have elected the lesser of the 2 pension calculations to pay additional member contributions that would not result in an additional benefit to the member, as specified. The bill would permit the resolution to apply these provisions to unrepresented employees, as specified, and would provide that its provisions not be applicable to safety members of the retirement system. The bill would provide that an employee who fails to certify his or her election under specified circumstances would continue to be covered by his or her immediately preceding retirement plan, as specified. The bill would provide that the adoption of the resolution by the county would not extend to the employees of any district within the county, and would permit the governing body of a district to elect to make its provisions applicable to the employees of the district irrespective of whether the board of supervisors has made that election applicable to employees in the county. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Justice to develop a DNA database for all cases involving the report of an unidentified deceased person or a high-risk missing person, as defined, and provides for the collection of DNA samples from unidentified deceased persons and from potential sources for comparison, as specified. Existing law requires that, until January 1, 2010, the database be funded by a $2 increase on death certificates issued by a local governmental agency or by the State of California. Existing law specifies the procedure for identifying the backlog of unidentified remains. This bill would delete the expiration date for the provision authorizing the collection of the $2 increase on death certificates. This bill would also make clarifying changes to the procedure for identifying any backlog of unidentified remains or donated familial samples. By requiring the collection of the increase on death certificates issued by local officials, the bill would also 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the University of California (UC) as a public trust administered by the Regents of the University of California. Employees of the UC provide instruction to students and conduct research at each of the 10 campuses of the UC, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. Existing law establishes the California State University (CSU) , under the administration of the Trustees of the California State University, as one of the other segments of public postsecondary education in this state. This bill would require the Department of General Services, to negotiate and establish a model contract with standard contract provisions with both the regents and the trustees by July 1, 2010. The trustees would be required to, and the regents would be urged to, negotiate and establish with the Department of General Services the model contract applicable to their university by July 1, 2010. The bill would define the term contract to mean a research, training, or service agreement between the state and the UC or CSU, or a grant from the state to the UC or CSU for research, training, or service. The bill would require that, to the extent feasible, these standard contract provisions include, but not necessarily be limited to, provisions relating to specified legal issues. The bill would require that the standard provisions in a model contract agreed upon under the bill be used in contracts entered into between the UC or CSU and the state, unless both contracting parties mutually determine that a specific standard contract provision is inappropriate or inadequate for a specific contract. The bill would authorize the Department of General Services to use the services of any state agency, defined to include every state office, officer, department, division, bureau, board, and commission, in implementing the bill. The bill would make the CSU and UC responsible for the Department of General Services' facilitation and associated support costs required to implement the bill.
Existing law establishes the Maddy Emergency Medical Services (EMS) Fund, authorizing each county to establish an emergency medical services fund for reimbursement of EMS-related costs, and provides that the costs of administering the fund shall be reimbursed, based on the actual administrative costs, not to exceed 10% of the amount of the fund. This bill would, instead, provide that the costs of administering the EMS Fund that are reimbursed by the fund are not to exceed the actual costs of administering the fund or 10% of the amount of the fund, whichever amount is lower. Existing law, until January 1, 2014, provides for the deposit into the EMS Fund of an additional penalty levied in the amount of $2 for every $10 upon fines, penalties, and forfeitures collected for criminal offenses, as specified. Existing law, until January 1, 2014, requires 15% of the funds collected pursuant to this additional penalty to be expended for pediatric trauma centers. Costs of administering money deposited into the EMS Fund from this additional penalty are to be reimbursed from the money collected, not to exceed 10%. This bill would, instead, provide that the costs of administering the moneys deposited from the additional penalty are reimbursed from the moneys collected but are not to exceed the actual costs of administering these moneys or 10% of these moneys, whichever amount is lower.
This measure would recognize the pioneering work of promotores and community health workers in delivering vital and cost-effective health care services in communities throughout California and declare October 2009 as California Promotores Month.
This measure would make various statements regarding the importance of New United Motor Manufacturing, Inc. (NUMMI) to the California economy and would declare the necessity for the Legislature to utilize its vested powers to keep NUMMI in California.
This measure would proclaim October 23 to October 31, 2009, inclusive, as Red Ribbon Week, and would encourage all Californians to help build drug-free communities and participate in drug prevention activities.
This measure would recognize the importance of California Native American Day, celebrated this year on September 25, 2009, and the concurrent California Indian Cultural Awareness Conference to the enhancement of awareness of California Indian culture.