Existing law establishes the public elementary and secondary school system in this state, and further establishes a funding system pursuant to which the state apportions funds to local educational agencies in accordance with district revenue limits, the calculation of which is partly based on the average daily attendance of pupils at the schools operated by those agencies. Numerous statutes and regulations govern the calculation and reporting of average daily attendance. Existing law requires the Superintendent of Public Instruction to calculate an annual inflation adjustment to these district revenue limits, and specifies the computations necessary to make this calculation. This bill would make technical, nonsubstantive changes in the provision relating to the calculation of the annual inflation adjustment.
Sponsored bills
(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions of the various segments of public postsecondary education in this state. The segments of public postsecondary education in this state are the California State University, the University of California, and the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. Existing law, known as the Protection of Human Subjects in Medical Experimentation Act, prohibits a person from being subjected to any medical experiment unless the informed consent of that person is obtained. The act specifies the potential civil and criminal liability of a person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject's informed consent or who willfully fails to obtain informed consent. This bill would add to the Donahoe Higher Education Act a provision requesting the California State University and the University of California to refrain from making an unsolicited request, as defined, to an enrolled or prospective student of that segment for a DNA sample for the purpose of genetic testing. The bill would specify that it does not prohibit a licensed health care provider in a university facility from performing genetic testing and counseling in the course of a patient's medical care. The bill would require the University of California and the California State University to report, on a quarterly basis, in writing, the total amount of any expenditures, irrespective of source, the university makes pursuant to legal judgments or settlements resulting from violations of the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act or a specified federal regulation, or both, relating to unsolicited requests for DNA samples. The bill would require that the first of these quarterly reports be submitted to the Controller, the Governor, and the Legislature on or before January 1, 2011, and include all university expenditures for this purpose that have occurred prior to the date of the report. The bill would require the Controller to revert to the General Fund an amount equal to the amount of any expenditures reported pursuant to the bill from any unencumbered moneys that have been previously appropriated from the General Fund to the University of California and the California State University. The bill would require that subsequent quarterly reports be submitted on or before January 1, April 1, July 1, and October 1 of each year while this provision is operative. These provisions would be repealed on January 1, 2015. (2) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law charges the Controller with various duties, including, among others, superintending the fiscal concerns of the state. Existing law authorizes a city council to enact an ordinance providing each member of the city council a salary based on the population of the city, and to provide for other forms of compensation, as specified. This bill would require the Controller to determine, based on a review of public records or reported salary information, whether a city is an excess compensation city, as defined. The bill would authorize a city to request a hearing, as specified, to contest the Controller's determination. The bill would require the Controller, if the city does not request a hearing or if the Attorney General concurs with the Controller's determination after a hearing, to notify the city and the redevelopment agency in the city of the city's status as an excess compensation city, as prescribed. (2) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in blighted areas in those communities known as project areas, and authorizes the agency to issue bonds. This bill would prohibit the agency, once the agency has received written notice from the Controller that the city is an excess compensation city, from adopting a redevelopment plan for a new project area or amending an existing redevelopment plan for existing project areas; from issuing new bonds, notes, interim certificates, debentures, or other obligations, as specified; and from encumbering any funds or expending any moneys derived from any source except as specified. (3) Existing law, the Ralph M. Brown Act, requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act authorizes a legislative body to hold a closed session with the local agency's designated representatives regarding various issues, including compensation, regarding its represented and unrepresented employees, but the legislative body is prohibited from taking final action on the proposed compensation of one or more unrepresented employees. Existing law also requires that all contracts of employment with a local agency, as defined, for certain positions be ratified in an open session of the governing body and be reflected in the governing body's minutes. This bill would require that any individual contract of employment or amendment to a contract of employment with an employee who is or will be employed by, and report directly to, the legislative body of the local agency be ratified in an open session of the legislative body after prescribed information regarding the contract or amendment to the contract is made available in a conspicuous location on the local agency's Internet Web site, if it maintains one, and in a location that is freely accessible to the public, no later than 5 days prior to the meeting to ratify the contract or amend the contract. By expanding the duties of local officials, these provisions would impose a state-mandated local program. This bill would also specify that final action on the proposed compensation of one or more unrepresented employees who are to be employed by, and report directly to, the legislative body of the local agency only be taken in open session, consistent with the prescribed disclosure requirements. By expanding the duties of local officials, these provisions would impose a state-mandated local program. (4) The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to officers and designated employees is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill. (5) 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. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law regulates the carrying of firearms and authorizes the issuance of a license, as specified, to persons enabling them to carry firearms that are concealed, or loaded, as specified. This bill would deem persons who have a valid permit or license to carry a concealed handgun issued by Arizona, Nevada, or Oregon, or a political subdivision of any of those states, to be authorized to carry a concealed handgun pursuant to provisions of California law, as specified.
Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. Existing law authorizes a medical provider to file a lien claim with the Workers' Compensation Appeals Board for certain expenses incurred by the provider. Existing law prohibits lien claims for expenses incurred by or on behalf of the injured employee, as provided, and, to the extent that the employee is entitled to reimbursement, as specified, for medical-legal expenses, from being filed after 6 months from the date on which the appeals board or workers' compensation administrative law judge issues a final decision, findings, order, or award on the merits of the claim, after 5 years from the date of the injury for which the services were provided, or after one year from the date the services were provided, whichever is later. This bill would require employers or employers' insurance carriers to include a benefit notice with any objection to a bill for medical services or an explanation of benefits that advises the provider of those services or benefits of the above-described deadline for filing lien claims and the consequences of failing to meet that deadline.
Existing law authorizes redevelopment agencies to pay the principal of, and interest on, indebtedness incurred to finance or refinance redevelopment, from a portion of property tax revenues diverted from other taxing agencies. The portion of taxes diverted is the amount attributable to increases in assessed valuation of property in the redevelopment project area subsequent to establishment thereof. This method of financing is commonly known as "tax increment" financing and is specifically authorized by Section 16 of Article XVI of the California Constitution. Existing law also authorizes a redevelopment agency, in any redevelopment plan or in the proceedings for the advance of moneys or the making of loans or the incurring of any indebtedness, to finance or refinance, in whole or in part, a redevelopment project to irrevocably pledge its tax increment revenues for the payment of the principal of, and interest on, these loans, advances, or other indebtedness. This bill would make technical, nonsubstantive changes in those provisions that authorize a redevelopment agency to pledge its tax increment revenues for the payment on loans, advances, or other indebtedness.
Existing law provides for the compensation of local government officers and employees, as specified. This bill would require filers, as defined, to annually file a compensation disclosure form, as specified. This bill would require the Secretary of State to develop the form, which would provide for the disclosure of, among other things, salaries and stipends, automobile and equipment allowances, and incentive and bonus payments. This bill would also require a county, city, city and county, school district, special district, or joint powers agency that maintains an Internet Web site to post the information contained on the filed form on that Internet Web site, as specified. The bill would authorize a district attorney or any interested person to commence an action by mandamus to enforce the provisions of the bill, as specified. The duties imposed on local departmental agencies by the bill would create a state-mandated local program. The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to filers is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill. 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 permits school districts to use personal services contracting, in order to achieve cost savings, for all services that are currently or customarily performed by classified school employees if specified conditions are satisfied. This bill would repeal those provisions.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses by the Board of Registered Nursing and makes a violation of the act a crime. Existing law requires a licensee renewing his or her license to submit proof to the board that during a specified time the licensee has been informed of developments in the registered nursing field either by pursuing a continuing education course offered by a provider approved by the board or by other means deemed equivalent by the board. Existing law requires the board to establish, by regulation, standards for continuing education. Existing law requires these standards to make a variety of alternative forms of continuing education available to licensees. Existing law requires the content of all courses of continuing education to be relevant to the practice of nursing. This bill would provide that continuing education courses, as specified, that advance or promote labor organizing on behalf of a union, or that advance or promote statutory or regulatory changes, political candidates, political advocacy, or political strategy shall not be considered content relevant to the practice of nursing and shall not be acceptable for meeting requirements for licensure renewal. The bill would also prohibit an approved provider from representing that such a continuing education course is acceptable for meeting requirements for licensure renewal and would require the board, subject to specified procedural requirements, to withdraw its approval of a provider that violates that requirement for no less than 5 years, as specified. Because a violation of these requirements by a provider would constitute a crime, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law defines the term "officer" for the purposes of contribution limitations to a member of a board by a person or entity appearing before the board, under the Political Reform Act of 1974. The definition of "officer" includes members who are elected by the public. This bill would amend the definition of "officer" under these provisions to exclude elected members of board. 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.