Sen. Shannon Grove

The California Constitution establishes a right of privacy. Existing statutory law, the Reproductive Privacy Act, contains provisions regulating abortions, including a requirement that the procedure be performed by a physician and surgeon. The act prohibits the state from denying or interfering with a woman's right to choose or obtain an abortion prior to viability of the fetus, or if the abortion is necessary to protect the life or health of the woman. This measure, which would be known as the Parental Notification, Child and Teen Safety, Stop Predators Act, would prohibit a physician and surgeon from performing an abortion on an unemancipated minor, as defined, unless the physician and surgeon or his or her agent has delivered written notice to the parent of the unemancipated minor, or until a waiver of that notice has been received from the parent or issued by a court pursuant to a prescribed process. The measure would require the physician and surgeon performing an abortion on an unemancipated minor to report specified information to State Department of Public Health and would require the department to compile an annual statistical report with that information. The measure would impose civil and criminal liability for violation of this measure, as specified.

The Sales and Use Tax Law requires, if any person liable for any amount under that law sells out his business or stock of goods or quits the business, his or her successors or assigns to withhold a sufficient amount of the purchase price to cover an amount equal to that liability until the former owner produces a receipt from the State Board of Equalization showing that it has been paid or a certificate stating that an amount is not due. That law provides that if the purchaser of a business or stock of goods fails to withhold from the purchase price as required, he or she becomes personally liable for the payment of the amount required to be withheld by him or her to the extent of the purchase price, valued in money. This bill would instead provide that the purchaser becomes personally liable for the payment of the amount required to be withheld by him or her to the extent of the purchaser price if the purchaser of a business or stock of goods intentionally fails to withhold from the purchase price.

The Personal Income Tax Law authorizes a credit of $321, subject to a specified adjustment for inflation, for each dependent of the taxpayer. This bill would allow a qualified taxpayer, as specified, to claim a credit of $321, subject to a specified adjustment for inflation, for an expected child, as defined. This bill would take effect immediately as a tax levy.

Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law requires the Judicial Council to report biennially to the Legislature and the Governor on the factually determined need for new judgeships in each superior court, using that uniform criteria. This bill would require the Judicial Council, upon the availability of funding, to allocate 12 additional judges each fiscal year to those counties in which the current judicial position allocations are disproportionate to the Judicial Council's recommendation of assessed judicial need.

Existing law creates, in the Employment Development Department, the California Unemployment Insurance Appeals Board, consisting of 7 members, 2 of whom are required to be attorneys at law admitted to practice in California. Existing law authorizes the Governor to appoint 5 of the 7 members, as specified. This bill would prohibit a former member of the Legislature from sitting on the Unemployment Insurance Appeals Board for 2 years after the day that person leaves the Legislature, as specified.

The Personal Income Tax Law defines a foreign country as any jurisdiction other than one embraced within the United States. This bill would make a technical, nonsubstantive change to that provision.

Existing law authorizes the governing board of any school district to permit a person, except a person required to register as a sex offender, as specified, to volunteer to supervise pupils during the school lunch period or any breakfast period or nutrition period, or to serve as a nonteaching volunteer aide under the immediate supervision and direction of the certificated personnel of the district, as specified. Existing law prohibits a school district from abolishing any of its classified positions and utilizing those volunteers for those services in place of classified employees laid off as a result of the abolition of a position. This bill would delete this prohibition. The bill would authorize the governing board of a school district, as defined, to permit a person, except a person required to register as a sex offender, as specified, to volunteer time or resources under the supervision of a district employee for the maintenance or improvement of a school facility, as provided. The bill would prohibit a collective bargaining agreement entered into after January 1, 2014, from prohibiting a school district from using volunteers. Existing law provides that it is the intent of the Legislature to permit a school district to use volunteer aides to enhance its educational program but not to permit displacement of classified employees nor to allow a district to utilize volunteers in lieu of normal employee requirements. This bill would instead state that it is the intent of the Legislature to permit a school district to use volunteers to enhance its educational program or facilities but not to encourage displacement of classified employees nor to encourage districts to use volunteers in lieu of normal employee requirements.

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. Existing law imposes conditions on the nongovernmental entity Western Climate Initiative, Incorporated, created to assist the state board in the implementation of the act. Existing law, the Bagley-Keene Open Meeting Act, generally requires that all meetings of a state body be open and public. Existing law exempts the nongovernmental entity Western Climate Initiative, Incorporated, and its appointees from the Bagley-Keene Open Meeting Act when performing their duties. This bill would repeal that exemption and instead subject the Western Climate Initiative, Incorporated, and its appointees to the Bagley-Keene Open Meeting Act when performing their duties.

Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a willful violation of the laws regulating public works. An affected contractor or subcontractor may obtain a review of the civil wage and penalty assessment by requesting a hearing from the office of the Labor Commissioner, after which the director shall issue a written decision. Under existing law, the contractor or subcontractor has the burden of proving that the basis for the civil wage and penalty assessment is correct. This bill would instead require the Labor Commissioner to prove that the basis for the civil wage and penalty assessment is correct.