(1) The California Constitution provides that the retirement board of a public pension or retirement system has plenary authority and fiduciary responsibility for investment of moneys and administration of the system. Existing law establishes various public agency retirement systems, including the Public Employees' Retirement System (PERS) , the State Teachers' Retirement System (STRS) , the Judges' Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937, among others, and these systems provide defined pension benefits to public employees based on age, service credit, and final compensation. The California Constitution permits a city or county to adopt a charter for purposes of its governance that supersedes general laws of the state in regard to specified subjects, including compensation of city or county employees. The California Constitution also establishes the University of California as a public trust with full powers of organization and government, subject only to specified limitations. Charter cities and the University of California may establish pension plans under their respective independent constitutional authority. This measure would provide that any change to the formula used to calculate the pension benefits of a member of a public retirement system, as defined, that results in an increase in the member's pension benefits shall apply only to service performed on and after the operative date of the change, and would prohibit the retroactive application of that change. The measure also would require any retirement plan for public employees hired on and after January 1, 2013, to expressly provide that the public employer retains the right to prospectively change retirement benefits, as specified. The measure would require, with respect to public employees first hired on and after January 1, 2013, the governing body of a public retirement system to annually set an actuarially sound contribution rate for any defined benefit plan based on the recommendations of an independent plan actuary. The measure would permit a public employer to offer those employees a defined benefit plan only as part of a uniform hybrid retirement plan, as specified, and only if the Legislature has established the hybrid retirement plan and the defined pension benefits that may be provided, as specified. The measure would require the employer and employee to share equally the defined benefit plan costs. Any benefits under a defined benefit plan would be based on a member's highest annual base pay averaged over any consecutive 36-month period. The measure would increase, beginning 30 days after its effective date, employee contribution rates for members of defined benefit plans by at least an additional 5% of current salary until the pension fund of the plan is 90% funded, as determined by an independent plan actuary. The bill would require the funded status of a defined benefit plan to be calculated annually, as specified. (2) Existing state and local public employee retirement systems are funded by investment returns and employer and employee contributions. The California Constitution provides that the retirement board of a public pension or retirement system has the exclusive power to provide for actuarial services in order to assure the competency of the assets of the system. Existing law, with respect to PERS, requires the Governor to include in the annual Budget Act the contribution rates submitted by the system actuary of the liability on account of employees of the state. This measure would permit an actuary to authorize a reduction or suspension of employer contributions to a defined benefit plan for a fiscal year only if the actuary determines that the plan has a surplus of actuarially determined plan assets sufficient to fund 120% of the employer's share of estimated plan normal costs for the next 30 years. The measure would also prohibit an employer from paying the employee contribution to a defined benefit plan for any employee, would require that an employee's rate of contributions represent a reasonable percentage of the normal costs of the plan, and would prohibit that rate from being less than the contribution rate applicable to his or her membership classification on July 1, 2012. This measure would also require STRS to set an actuarially sound contribution rate to be paid annually to the system, to be used as a basis for increasing the state's contribution to that system. (3) Existing law permits members of PERS, STRS, and county, city, and district retirement systems that have adopted specified provisions, to purchase up to 5 years of additional retirement service credit by contributing an amount that, at the time of purchase, provides for the resulting increase in employer liability. This measure would prohibit a public employer or public retirement system from offering, or entering into, a contract by which a member may make contributions to receive additional retirement service credit, as described above. (4) Existing law generally prohibits any person who has retired from being employed in any capacity with the same public employer unless he or she is first reinstated from retirement, except as authorized. This measure would, on or after January 1, 2013, prohibit a person from being employed by, or providing personal services as a contractor for, a public employer while he or she is receiving pension payments from a public retirement system. (5) Existing law provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified. This measure would require that a public employee, as defined, who is convicted of any felony for conduct related to his or her office or employment on or after the effective date of this measure forfeit that portion of the rights and benefits to which he or she is entitled in any public retirement system in which he or she is a member that accrued on or after the date of commission of the crime, and not accrue further benefits, as specified. (6) The Public Employees' Medical and Hospital Care Act, which is administered by the Board of Administration of PERS, establishes various percentages for employer contributions for health care benefits provided under the approved health benefit plan in which the employee or annuitant is enrolled. This measure would require public employees to pay an increased amount, that is proportional to employee base pay, as specified, for employee health care benefits. The measure would also require a public employee hired on and after January 1, 2013, to contribute to the cost of postretirement health care benefits, in proportion to the employee's base pay and years of service, as specified, if the public employer provides those benefits. The bill would prohibit employees hired on and after January 1, 2013, from being eligible for full postretirement health care benefits until the employee has 25 years of service. The measure would provide that these provisions shall not impair existing collective bargaining agreements, but would apply upon expiration of those agreements. (7) The measure would declare that the above-described provisions are self-executing and would require any bill, ordinance, resolution, or other measure enacted to implement any of those provisions to be approved by a 23 vote of the membership of each house of the Legislature, the Regents of the University of California, or the governing body of the public employer. The measure would also require any bill enacted to change public employee retirement benefits or health care benefits to be approved by a 23 vote of the membership of each house of the Legislature. The measure would declare that the above-described provisions would not limit any disability, death, or survivor benefits. (8) The California Constitution requires that the moneys to be applied by the state for the support of school districts and community college districts be not less than the greatest of 3 amounts computed pursuant to specified tests. The Constitution provides that the first of those tests is the amount which, as a percentage of General Fund revenues which may be appropriated pursuant to Article XIIIB, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87. The Constitution provides that the 2nd and 3rd tests are the amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB and allocated local proceeds of taxes shall not be less than the total amount from these sources in the prior fiscal year, excluding specified revenues, and adjusted for specified factors. Existing law requires the state to appropriate a sum equal to 8% of creditable compensation, as specified, to be deposited in the Teachers' Retirement Fund, for the initial purpose of financing the Defined Benefit Program of the State Teacher's Retirement System. Existing law does not count these appropriations toward meeting the state's constitutional obligation to annually provide funding for the support of school districts and community college districts, as described above. This measure would specify, for purposes of the first test, that the "General Fund revenues appropriated for school districts and community college districts, respectively, in the 1986–87 fiscal year" excludes General Fund revenues appropriated to the Controller for transfer to the Teachers' Retirement Fund. The measure would specify, for the 2013–14 fiscal year, for purposes of the 2nd and 3rd tests, that "total allocations from General Fund proceeds of taxes appropriated pursuant to Article XIIIB and allocated local proceeds of taxes" for the prior fiscal year excludes General Fund revenues appropriated for purposes of the State Teachers' Retirement System. (9) The California Constitution provides that the retirement board of a public pension or retirement system has the exclusive power to provide for actuarial services in order to assure the competency of the assets of the system. This measure would delete those provisions and would instead require that the retirement board of a public pension or retirement system select an independent plan actuary, to serve for a term of not less than 12 years, from a specified list to be established by the California Actuarial Advisory Panel. The measure would permit, following the initial term of service, the independent actuary to be appointed by the retirement board to subsequent terms. The measure would prohibit the reduction of the independent plan actuary's salary and benefits during his or her term of office, and would require his or her salary agreement to provide for annual increases in pay, except as specified. The measure would limit the circumstances under which the independent plan actuary may be removed from office. The measure would grant an independent plan actuary exclusive authority to provide actuarial services and would require a retirement board to adopt the actuary's recommendations without amendment. The measure would require the actuary to be guided by prevailing actuarial standards, any applicable governmental accounting standards that are consistent with prevailing actuarial standards, and any contracts related to the required funding of the system, and to seek to maximize retirement security and minimize the employer's long-term cost. The measure would provide for the removal of plan actuaries who were not chosen pursuant to its requirements, and would require the retirement board of a public pension or retirement system to ensure that the independent plan actuary has sufficient staff and budgetary resources to perform all of his or her required duties. (10) The California Constitution prohibits the number, terms, and method of selection or removal of members of the retirement board of a public pension or retirement system, which includes in its composition elected employee members, from being changed, amended, or modified by the Legislature from those that were required by law or otherwise in effect on July 1, 1991, unless the change, amendment, or modification enacted by the Legislature is ratified by a majority vote of the electors of the jurisdiction in which the participants of the system are or were, prior to retirement, employed. This measure would additionally require 23 of the elected or appointed members of the retirement board of a public pension or retirement system to have demonstrated expertise in the financial, legal, accounting, or health care fields and would prohibit them from being members of that system or from having immediate family members who are members of that system. The measure would authorize the Legislature to prescribe the criteria and process for selecting those elected or appointed members by a statute enacted by a 23 vote of the membership of each house. (11) The measure would provide that if the Attorney General fails to defend the constitutionality of its provisions, following its approval by the voters, a taxpayer may intervene and participate for that purpose in any court action challenging its constitutionality, and the fees and costs of defending the action would be a charge on funds appropriated to the Attorney General.
Sponsored bills
(1) Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the federal national pollutant discharge elimination system (NPDES) permit program. Existing law, the Professional Engineers Act, requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer. A violation of the act is a crime. This bill would exempt a civil engineer from any requirement of additional experience, training, or certification requirements in order to perform activities in the preparation of a Storm Water Pollution Prevention Plan pursuant to a specified general permit for stormwater discharges. (2) This bill would declare that it is to take effect immediately as an urgency statute.
This measure would declare the week of September 5 through September 11, 2011, Yellow Ribbon Week to show support for military families and for troops fighting in Iraq and Afghanistan.
Existing law defines rendering as the recycling, processing, and conversion of animal and fish byproducts and carcasses from the meat, poultry, and seafood industries, as well as used kitchen grease into fats, oils, and proteins that are used primarily as feed in the animal, poultry, and pet food industries. Existing law requires every person engaged in the business of rendering to obtain a license from the Department of Food and Agriculture for each rendering plant, establishes the qualifications for obtaining that license, and authorizes a peace officer or any employee of the department to inspect any premises maintained by a renderer that is licensed pursuant to these provisions. This bill would establish in state government a Rendering Industry Advisory Board to advise and to make recommendations to the Secretary of Food and Agriculture regarding, among other things, licensing matters, regulations, procedures for employment, training, supervision, and compensation of inspectors and other personnel, and the rate and collection of license fees and penalties related thereto. The board would consist of 7 members, appointed by the Secretary of Food and Agriculture, 6 of whom are licensed pursuant to the provisions described above and are subject to payment of the rendering program licensing fees. The bill would specify the term of office of members of the board and would require the board to meet at least once a year. The bill would require the secretary, in adopting regulations and procedures, to accept the recommendations of the board if he or she finds them to be practicable and in the interest of the rendering industry and the public. Existing law requires every person engaged in the business of rendering or of operating a collection center to obtain a license from the Department of Food and Agriculture for each rendering plant or collection center operated, as specified. Existing law requires licensees to keep specified records and authorizes the department to suspend or revoke a registration certificate under specified circumstances. Existing law regulates transporters of inedible kitchen grease. Law operative until January 1, 2010, and repealed as of January 1, 2011, authorized the collection of administrative fees, as specified, from renderers and collection centers in connection with rendering. Other provisions of existing law require the funds collected to be deposited into a special fund, the continuously appropriated Food and Agriculture Fund. This bill would reenact the provisions repealed as of January 1, 2011. The bill would make these provisions inoperative as of July 1, 2015. By reenacting these provisions requiring collection and deposit of funds into a continuously appropriated fund, this bill would make an appropriation. Existing law requires, until January 1, 2012, that every operator of a certified farmers' market remit to the department a fee equal to the number of agricultural producers participating on each market day for the entire previous quarter which shall be used by the department upon appropriation by the Legislature, as specified. This bill would extend these provisions until January 1, 2014. Existing law provides that California farmers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce directly to the public at a certified farmers' market, as specified. Existing law provides that it is unlawful for any person operating under these provisions to commit certain acts related to the conduct of farmers' markets. Existing law, until January 1, 2012, provides that in lieu of prosecution, but not precluding suspension or revocation of certified producer's certificates or certified farmers' market certificates, the secretary or the county commissioner may levy a civil penalty against a person who violates these provisions or any regulation implemented pursuant to these provisions, as specified. This bill would extend the provision authorizing the civil penalty until January 1, 2014.
Existing law imposes an annual assessment of 1% on the gross sales of all deciduous pome and stone fruit trees, nut trees, and grapevines, including seeds, seedlings, rootstocks, and topstock, including ornamental varieties of apple, apricot, crabapple, cherry, nectarine, peach, pear, and plum, produced and sold within the state or produced within and shipped from the state by any licensed nursery dealer, and provides that for packaged or containerized stock, the assessment shall be levied on the producer's bareroot price of the plants, and specifies the purposes for which the assessment may be used. Existing law provides that the assessment shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund, a continuously appropriated fund for these purposes. This bill would include olive trees within the plants that are subject to the assessment. By depositing additional money into a continuously appropriated fund, this bill would make an appropriation. Existing law authorizes the Department of Food and Agriculture to enter into agreements with the University of California, any commissioner, and any qualified research agency, to assist in the development of planting material for pome and stone fruit, nut tree, and grapevine production. Existing law requires the agreements to provide for payment for services rendered from fees collected pursuant to the provisions described above. This bill would additionally authorize the department to enter into agreements to assist in the development of planting material for olive tree production. Because the bill would expand the scope of the services for which payment may be made for services rendered from the fees described above, the bill would deposit additional moneys into, and would expand the scope of the authorization to spend moneys from, a continuously appropriated fund, thereby making an appropriation. Existing law authorizes the Secretary of the Department of Food and Agriculture, upon consultation with the pome and stone fruit tree, nut tree, and grapevine nursery industry, to appoint a board to assist and advise him or her concerning the implementation of the assessment and other related provisions of law. Existing law requires board members to represent all areas of the state involved in the production of pome and stone fruit trees, nut trees, and grapevines. This bill would extend membership on the board to include representatives of licensed olive nursery stock producers, as specified, and require the secretary to additionally consult with the olive industry in appointing the board. The bill would include olive trees among those items of production that are required to be represented by board members.
Existing law establishes in the California Environmental Protection Agency the State Air Resources Board, which is responsible for control of emissions from motor vehicles and is designated the air pollution control agency for all purposes set forth in federal law. Existing law requires the state board to consist of 11 members appointed based on certain qualifications. This bill, until January 1, 2017, would require one appointed member of the state board to be an owner within the past 5 years of a small business, as defined. The bill would also make various technical, nonsubstantive changes. This bill would incorporate additional changes in Section 39510 of the Health and Safety Code, proposed by AB 146, to be operative only if AB 146 and this bill are both chaptered and become effective January 1, 2012, and this bill is chaptered last.
The Personal Income Tax Law allows individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would, until January 1, 2016, allow a taxpayer to designate on a tax return that a specified amount in excess of his or her tax liability be deposited into the General Fund. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenues to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing law requires, for purposes of property tax revenue allocations for the 2011–12 and 2012–13 fiscal years, the county auditor for a county for which a negative sum was calculated pursuant to a specified former statute, in reducing the amount of property tax revenue otherwise allocated to the county by an amount attributable to that negative sum, to apply a reduction amount equal to the reduction amount determined for specified fiscal years. This bill would instead require, for the 2010–11 fiscal year, the county auditor for a county for which a negative sum was calculated as described above, to increase the total amount of ad valorem property tax revenues deemed allocated to the county in the immediately preceding fiscal year by an amount equal to the absolute value of the negative sum calculated for the county, and the proportional share of any growth in assessed valuations of property attributable to that negative sum through the 2009–10 fiscal year. This bill would also require, for the 2011–12 fiscal year and for each fiscal year thereafter, the amount of property tax revenue deemed allocated to a county in the immediately preceding fiscal year include the full amount of any increase implemented by the auditor, as so described, in that fiscal year, and would require that amount to be reduced from the total amount of ad valorem property tax revenue deemed allocated to the county's Educational Revenue Augmentation Fund. By imposing new duties in the annual allocation of ad valorem property tax revenues, 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, 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. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.
This measure would continue designation and observance of the month of October as Italian American Heritage Month. This measure would also encourage the Legislature to continue the Italian American Legislator Project and welcome the exhibit "The Italian American Legislator Project of 2011: A Legacy of Service to the California Legislature" to the State Capitol Building in October 2011 and encourage all Californians, through the K–12 curriculum and otherwise, to learn about the history, role, and contributions of Italian Americans to the State of California.