Sen. Bob Wieckowski

This measure would declare February 6, 2013, as Ronald Reagan Day.

This measure would designate that January 21, 2013, be observed as the official memorial of the late Dr. Martin Luther King, Jr.'s birth and commemorate Martin Luther King, Jr. Day and the work of Dr. Martin Luther King, Jr. and the Civil Rights Movement in changing public policy in California and in the United States of America. This measure would also recognize the anniversaries of the Emancipation Proclamation and the March on Washington in connection with the advancement of civil rights.

This resolution would recognize the month of January 2013, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2013, and each following February 1, as California's Free From Slavery Day.

Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the conditions of parole, probation, or postrelease community supervision of a person in the state on parole, probation, or postrelease community supervision, the escape of an inmate or ward from a state or local institution, the transportation of persons on parole, probation, or postrelease community supervision, and violations of law that are discovered while performing his or her duties. Existing law categorizes a probation officer as a peace officer who may carry firearms only if authorized by his or her employing agency, and under the terms and conditions specified by his or her employing agency. This bill would authorize any probation officer or deputy probation officer to carry firearms as determined by the chief probation officer on a case-by-case or unit-by-unit basis and under terms and conditions specified by the chief probation officer. The bill would require certain chief probation officers to develop a policy as to whether probation officers and deputy probation officers who supervise high-risk caseloads should be armed. That policy would be required to be adopted no later than June 30, 2013, and would be required to be implemented no later than December 31, 2013, if the chief probation officer has not armed or has not adopted a policy regarding arming probation officers or deputy probation officers prior to January 1, 2013. The bill would define a high-risk caseload as a caseload that includes individuals who have been released from state prison subject to postrelease community supervision and have a prior conviction for a serious felony or violent felony. By imposing new duties on counties, this 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.

Existing law makes it a crime for a parent or guardian of a minor child to willfully omit, without lawful excuse, clothing, food, shelter, or medical care for the child. Existing law also makes it a crime for a parent or guardian to desert a child under 14 years of age with the intent to abandon that child. This bill would require a parent or guardian of a child under 14 years of age who knows or should have known that the child has died to notify a public safety agency, as defined, within 24 hours of the time that the parent or guardian knew or should have known that the child has died, and to notify law enforcement within 24 hours of the time that a parent or guardian knows or should have known that the child is a missing person and that there is evidence that the child is a person at risk, except as specified. The bill would make a violation of those provisions a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine not exceeding $1,000, or by both that fine and imprisonment. The bill would also provide that these provisions shall not preclude prosecution under any other provision of law. By creating a new crime, this 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.

(1) Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. This bill would require the educational liaison, if designated by the superintendent of the local educational agency, to notify the foster child's attorney and the appropriate representative of the county child welfare agency of pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, if the foster child is an individual with exceptional needs, pending manifestation determinations, as specified. This bill would authorize the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child. (2) Existing law authorizes the district superintendent of schools or other person designated by the district superintendent of schools in writing to extend the suspension of a pupil until the governing board of the school district has rendered a decision in a case where expulsion from any school or suspension from the balance of the semester from continuation school is being processed by the governing board of the school district. Existing law requires that before such an extension is granted that the district superintendent of schools or the district superintendent's designee determine, following a meeting in which the pupil and the pupil's parent or guardian are invited to participate, that the presence of the pupil at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process. This bill would require, if the pupil is a foster child, as defined, the district superintendent of schools or the district superintendent's designee to invite the pupil's attorney and the appropriate representative of the county child welfare agency to that meeting. (3) Existing law authorizes the suspension or expulsion of an individual with exceptional needs in accordance with specified provisions. This bill would require, if the individual with exceptional needs is a foster child, as defined, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, the attorney for the individual with exceptional needs and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. The bill would authorize that invitation to be made using the most cost-effective method possible. (4) Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils and requires these procedures to include, but not necessarily be limited to, a hearing to determine whether the pupil should be expelled, and a written notice of the hearing forwarded to the pupil at least 10 calendar days prior to the date of the hearing. This bill would require, if the decision to recommend expulsion is a discretionary act and the pupil is a foster child, as defined, the governing board of the school district also to provide notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. The bill would authorize, if a recommendation of expulsion is required and the pupil is a foster child, the governing board of the school district also to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. The bill would authorize these notices to be made using the most cost-effective method possible. (5) Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. Existing law also requires a court to appoint counsel for the child if the child is not represented by counsel, unless the court finds that the child would not benefit from the appointment of counsel. Existing law requires counsel appointed for the child to be charged in general with the representation of the child's interests. This bill would, at least once every year and if the list of educational liaisons is available on the Internet Web site of the State Department of Education, (A) require counsel appointed for the child to provide his or her contact information to the educational liaison of each local educational agency serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorize the firm or organization to provide its contact information in lieu of contact information for the individual counsel. The bill would authorize the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's local educational agency. (6) Existing law requires, when a child is placed in foster care, the case plan for each child to include a summary of the health and education information or records of the child. Existing law requires the health and education summary to include, but not be limited to, among other things, the names and addresses of the child's health, dental, and education providers. This bill would authorize the health and education summary also to include the name and contact information for the educational liaison of the child's local educational agency. (7) This bill would also make various nonsubstantive changes to the above provisions. (8) This bill would incorporate additional changes in Section 48853.5 of the Education Code, proposed by SB 1568, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. (9) This bill would incorporate additional changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712, to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.

Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages. Existing law generally defines "public works" to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would modify the definition of installation to include the assembly and disassembly of freestanding and affixed modular office systems. Because this bill would expand the definition 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.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include use of market-based compliance mechanisms. Existing law imposes limitations on any link, as defined, between the state and another state, province, or country for purposes of a market-based compliance mechanism by, among other things, prohibiting any state agency, including the state board, from taking any action to create such a link unless the state agency notifies the Governor, and the Governor issues specified written findings on the proposed link that consider the advice of the Attorney General. This bill would prohibit the Governor's written findings on the proposed link from being subject to judicial review. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. This bill would require the moneys in the Greenhouse Gas Reduction Fund to be used for specified purposes. The bill would require the Department of Finance, in consultation with the state board and any other relevant state entity, to develop, as specified, a 3-year investment plan that includes specified analysis and information and to submit the plan to the Legislature, as specified. The bill would require the Department of Finance to submit a report no later than March 1, 2014, and annually thereafter, to the appropriate committees of the Legislature containing specified information. This bill would make its provisions contingent on the enactment of other legislation, as specified.

Existing law contains provisions that define unlawful discrimination and employment practices by employers and employment agencies. This bill would make it unlawful, unless based on a bona fide occupational qualification or any other provision of law, for an employer, an employment agency, or a person who operates an Internet Web site for posting jobs in this state to publish an advertisement or announcement for any job that includes provisions pertaining to an individual's current employment or employment status, as specified. This bill would subject an employer, an employment agency, or a person who operates an Internet Web site for posting jobs in this state who violates the above provisions to civil penalties that increase as the number of violations increase. The State Contract Act governs contracting between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services by state agencies. This bill would provide that failure to comply with the requirements of the bill would constitute a breach of a contract entered into on or after January 1, 2013, and may be grounds for canceling, terminating, or suspending the contract, as specified, and debarring the contractor from eligibility for an award of future state agency contracts for a period not to exceed 3 years, as specified.