Existing law provides for the award of attorney's fees and costs to, and the recovery of damages by a plaintiff when it is proven by clear and convincing evidence that a defendant is liable for physical abuse or neglect of an elder or dependent adult and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. This bill would revise these provisions to change the standard of proof to a preponderance of the evidence. Existing law authorizes a plaintiff to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. Existing law provides that an employer is not liable for punitive damages based on the acts of an employee unless certain conditions are satisfied. Existing law requires that these conditions regarding the imposition of punitive damages on an employer based upon the acts of an employee be satisfied before any damages or attorney's fees permitted due to liability for physical abuse or neglect of an elder or dependent adult are authorized to be imposed against an employer. This bill would instead require that these conditions regarding the imposition of punitive damages on an employer be satisfied before any punitive damages may be imposed against an employer found liable for physical abuse, as defined, or neglect, as defined. This bill would state that these provisions are not intended to affect the specified standard of proof for punitive damages.
Sponsored bills
(1) Existing law establishes the California School Finance Authority, and authorizes the authority to issue revenue bonds to finance a single or series of projects or financing of working capital for a single or several participating parties, defined as a school district, charter school, county office of education, or community college district that undertakes the financing or refinancing of a project or of working capital, or a joint venture school facility construction project. This bill would authorize the authority to issue revenue bonds to refinance those projects. (2) The Charter Schools Act of 1992 (Charter Schools Act) specifies the procedures for the submission, review, and approval or denial of a petition to establish a charter school. The Charter Schools Act limits the duration of charters to a period not to exceed 5 years and authorizes the chartering authority to grant one or more subsequent renewals for an additional period of 5 years. The Charter Schools Act prescribes the requirements a charter school must meet in order to have its charter renewed, including a requirement that a charter school that has been in operation for 4 years satisfy at least one of several specified criteria regarding academic performance. This bill would change the criteria a charter school is required to meet in order to have its charter renewed. The bill would authorize a charter school not meeting the renewal criteria to apply to the State Board of Education for a determination of academic eligibility for the renewal of its charter by submitting supporting evidence to the state board and the Superintendent of Public Instruction. The bill would require the charter school to submit a copy of the application and supporting evidence to its charter authorizer. The bill would require the Superintendent and authorize the charter authorizer to make a recommendation to the state board on the application. The bill would require the state board to issue a positive determination of academic eligibility if the state board finds that the charter school clearly demonstrates that the academic performance of the school's pupils builds an expectation that the pupils will continue to improve academically and have the opportunity to be successful in college or career. A charter renewal based on a determination of academic eligibility would be granted for only 3 years. The bill also would make a conforming change. (3) Existing law establishes the Charter School Facility Grant Program to provide assistance with facility rent and lease costs for pupils in charter schools, and states the intent of the Legislature that not less than $18,000,000 annually be appropriated for purposes of the program. Eligibility for a grant is based on the percentage of pupils who are eligible for free and reduced-price meals and are enrolled in the charter school or reside in the attendance area of, or are enrolled in, the public elementary school where the charter school is physically located. Eligible schools receive up to $750 per unit of average daily attendance for a maximum of 75% of the annual facilities rent and lease costs for the charter school. Funds appropriated for purposes of the program are prohibited from being apportioned for units of average daily attendance generated through nonclassroom-based instruction, as defined, or for a school that does not comply with conditions or limitations set forth in regulations adopted by the state board. This bill would increase the amount eligible schools receive to $800 per unit of average daily attendance. The bill would require eligibility for this grant program to be expanded if funds remain after charter schools that meet the existing free and reduced-price meals threshold are funded. The bill would remove the prohibition against funding for units of average daily attendance that do not comply with conditions or limitations set forth in regulations, and would allow eligibility to be expanded, as specified, for charter schools that generate units of average daily attendance through nonclassroom-based instruction if the school operates facilities that provide direct instruction and support to enrolled pupils. The bill would require a charter school offering nonclassroom-based instruction and applying for funding to identify in apportionment reports the proportion of time pupils in the school are scheduled to receive classroom-based instruction.
(1) The State Teachers' Retirement Law (STRL) establishes the Defined Benefit Program of the State Teachers' Retirement System, which provides a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. STRL also establishes the Defined Benefit Supplement Program, which provides supplemental retirement, disability, and other benefits, payable either in a lump-sum payment, an annuity, or both to members of the State Teachers' Retirement Plan. STRL defines creditable compensation for these purposes as remuneration that is payable in cash to all persons in the same class of employees, as specified, for performing creditable service. This bill would revise the definition of creditable compensation for these purposes and would identify certain payments, reimbursements, and compensation that are creditable compensation to be applied to the Defined Benefit Supplement Program. The bill would prohibit one employee from being considered a class. The bill would revise the definition of compensation with respect to the Defined Benefit Supplement Program to include remuneration earnable within a 5-year period, which includes the last year in which the member's final compensation is determined, when it is in excess of 125% of that member's compensation earnable in the year prior to that 5-year period, as specified. The bill would prohibit a member who retires on or after January 1, 2013, who elects to receive his or her retirement benefit under the Defined Benefit Supplement Program as a lump-sum payment from receiving that sum until 180 days have elapsed following the effective date of the member's retirement. (2) Existing law permits a retired member of STRS to perform specified activities as an employee of an employer in the system, as an employee of a 3rd party, or as an independent contractor within the California public school system, but prohibits the member from making contributions to the retirement fund or accruing service credit based on compensation earned from that service. Existing law conditions this authorization on a variety of factors including limitations on the rate of pay of the member and the total amount of compensation. Existing law prohibits compensation, in this regard, for a member who is below normal retirement age for the first 6 months after retirement for service. This bill would apply the prohibition described above to employees retiring on or after January 1, 2013, for the first 180 days after retirement for service. The bill, beginning January 1, 2013, and until June 30, 2014, would exclude from that postretirement compensation limitation up to $2,500 of compensation earned by a member who retired for service and returned to work during the first 180 days after retirement as a substitute employee, as specified, if other conditions are met. (3) Existing law establishes the Cash Balance Benefit Program, administered by the Teachers' Retirement Board, as a separate benefit program within the State Teachers' Retirement Plan in order to provide a retirement plan for persons employed to perform creditable service for less than 50% of full-time service. Existing law provides that the normal form of benefit under the program is a lump-sum payment, after which further benefits are not payable. This bill would permit the board to assess penalties for late and improper adjustments on contributions in connection with the Cash Balance Benefit Program. The bill would prohibit a member who retires on or after January 1, 2013, from receiving the lump-sum payment under the program until 180 days have elapsed following the effective date of the member's termination of employment. (4) The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement System, which is administered by its board of administration, and which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines compensation earnable and other related terms for purposes of calculating a member's retirement allowance. PERL requires employers and contracting agencies participating in the system to provide notice to the board of the change of status of a member. This bill would require a participating employer and contracting agencies to immediately notify the board of a change that may affect a member's payrate for purposes of compensation earnable and would authorize the board to assess a reasonable fee upon an employer that fails to do so. The bill would authorize the board to assess a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that an employer knowingly failed to comply with requirements regarding the reporting of compensation. The bill would specify that payrate means, among other things, the member's monthly base pay, would connect payrate to publicly available pay schedules, and would establish requirements for computation of the payrate of a member for a leave without pay. The bill would prescribe a process for determining if specific compensation items are special compensation. The bill would prohibit a person who retires on or after January 1, 2013, from being employed in any capacity by the state, the University of California, a school employer, or a contracting agency until that person has been separated from service for a period of at least 180 days, subject to existing exceptions, unless the employee is subject to a collectively bargained early retirement plan with the California State University in effect prior to January 1, 2013. The bill also would make additional related changes and would make a statement of legislative findings. This bill would provide that its provisions would become operative on July 1, 2012, except as specified.
Existing law requires that a child be admitted to kindergarten at the beginning of a school year, or at any time later in the same year, if the child will have his or her 5th birthday as specified. Existing law establishes the Kindergarten Readiness Pilot Program, which is administered by the Superintendent of Public Instruction, to permit participating school districts to provide opportunities for children to enhance their readiness for kindergarten, as provided. Existing law requires the Superintendent, by June 1, 2007, to contract for an independent longitudinal evaluation regarding the effects of the change in the entry age for kindergarten and first grade pursuant to the kindergarten readiness program. Existing law requires the independent evaluator to file an initial report by June 1, 2009, an interim report by January 1, 2011, and a final report by January 1, 2012. This bill would make technical, nonsubstantive changes to the kindergarten admission provision. This bill would require the independent evaluator to file the final report by January 1, 2013, instead of January 1, 2012.
(1) Existing law provides for the creation and powers and duties of regional park districts, regional park and open-space districts, and regional open-space districts. Existing law authorizes those districts to acquire all necessary and proper lands and facilities by means of a plan to borrow money or by purchase on contract. Existing law requires indebtedness that is incurred in that manner to bear interest at a rate not exceeding 10% per annum, or if higher, not exceeding the rate provided under provisions governing issuance of local general obligation bonds. Under existing law, indebtedness that is incurred in that manner on or after July 1, 1982, is generally required to be repaid during a period that does not exceed 20 years from the date on which it is incurred. The bill would modify the rate at which any indebtedness incurred by all regional park districts, regional park and open-space districts, and regional open-space districts in that manner is required to bear interest by deleting the requirement that it not exceed 10% per annum, and instead authorizing a rate not exceeding the rate allowable under provisions governing issuance of local general obligation bonds. (2) Existing law requires each indebtedness to be authorized by a resolution of a district board, as provided. This bill would require indebtedness that is incurred in that manner by the Midpeninsula Regional Open Space District, on or after January 1, 2012, to be repaid during a period that does not exceed 30 years. The bill would make conforming changes. This bill would require, with regard to this indebtedness incurred by the Midpeninsula Regional Open Space District, that the resolution specify the revenue pledged by the district to repay the indebtedness, among other things.
This measure would urge the President and the Congress of the United States to enact federal legislation to modernize the federal Toxic Substances Control Act of 1976 by strengthening chemical management through specified policy reforms.
This measure would designate the bicycle and pedestrian bridge that crosses State Highway Route 280 at Mary Avenue between the Cities of Cupertino and Sunnyvale in the County of Santa Clara as the Don Burnett Bicycle-Pedestrian Bridge. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. The act provides that all registration and circulation records of any library which is in whole or in part supported by public funds are confidential and shall not be disclosed to any person, except as provided. This bill would, instead, provide that patron use records, as defined, of any library which is in whole or in part supported by public funds shall remain confidential and not be disclosed, except as provided.
Existing law specifies that the jurisdiction of the small claims court includes various actions in which the demand does not exceed $7,500, with specified exceptions. This bill would increase the jurisdiction of the small claims court by increasing that amount to $10,000, except as specified. The bill, until January 1, 2015, would confer jurisdiction on the small claims court in an action brought for damages for bodily injuries resulting from an automobile accident if the demand does not exceed $7,500, and the defendant is covered by an insurance policy that includes a duty to defend. The bill would also make a technical change by deleting a duplicate code section that contains identical provisions.
This measure would declare June 2011 as Scleroderma Awareness Month.