Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. Existing law additionally imposes disclosure statement requirements with respect to advertisements supporting or opposing a candidate or ballot measure paid for by donors making contributions of specified amounts or by independent expenditures and defines several terms and phrases for these purposes. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would repeal and recast several definitions. The bill would modify a committee identification requirement and a disclosure statement requirement relating to advertisements for or against any ballot measure paid for by a committee. The bill would impose new disclosure statement requirements for political advertisements regarding a ballot measure that are radio advertisements, prerecorded telephonic messages, television or video advertisements, or mass mailing or print advertisements that would require the identification of identifiable contributors, ballot measures, and other funding details, as specified. By introducing new disclosure requirements, the violation of which would be a misdemeanor, the bill would create a new crime, thereby imposing a state-mandated local program. Existing law creates the Fair Political Practices Commission, and gives it primary responsibility for the impartial, effective administration and implementation of the Political Reform Act of 1974. The bill would require the Fair Political Practices Commission to promulgate regulations related to identifying and reporting persons who are the original sources of funds transferred through committees or other persons to determine identifiable contributors by January 1, 2016. The bill would require the Commission to promulgate regulations prohibiting a recipient of funds transferred by an identifiable contributor from depositing the funds until required applicable reports have been received by the recipient. This bill would incorporate additional changes in Section 84511 of the Government Code proposed by A.B. 510, that would become operative only if A.B. 510 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. 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 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.
Sponsored bills
The Bill of Rights for State Excluded Employees prescribes various rights and terms and conditions of employment for excluded employees, defined as certain supervisory, managerial, and confidential state employees, among other specified employees. Under this bill, an excluded employee who is a supervisory employee, except as specified, and who is required to work shifts at a workplace that operates with two or more work shifts per day would have the right to use seniority in the employee's classification to obtain a preferred shift, subject to a specified restriction.
Existing law establishes the California State University, which is administered by the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law authorizes the trustees to, by rule, require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to such persons, and requires the trustees to control and expend all money appropriated for the support and maintenance of the California State University. This bill would appropriate $22,000,000 to the California State University for purposes of enrolling additional students. The bill would express legislative intent that the appropriated funds be used for specified matters and would include legislative findings and declarations related to student enrollment.
Existing law makes certain findings and declarations regarding the social obligation of private nonprofit hospitals to provide community benefits in the public interest, and requires these hospitals, among other responsibilities, to adopt and update a community benefits plan for providing community benefits either alone, in conjunction with other health care providers, or through other organizational arrangements. Existing law requires each private nonprofit hospital, as defined, to complete a community needs assessment, as defined, and to thereafter update the community needs assessment at least once every 3 years. Existing law also requires the hospital to file a report on its community benefits plan and the activities undertaken to address community needs with the Office of Statewide Health Planning and Development. Existing law requires the statewide office to make the plans available to the public. Existing law requires that each hospital include in its community benefits plan measurable objectives and specific benefits. This bill would declare the necessity of establishing uniform standards for reporting the amount of charity care and community benefits a facility provides to ensure that private nonprofit hospitals and nonprofit multispecialty clinics actually meet the social obligations for which they receive favorable tax treatment, among other findings and declarations. This bill would require a private nonprofit hospital and nonprofit multispecialty clinic, as defined, to provide community benefits to the public by allocating available community benefit moneys to charity health care, as defined, and community building activities, as specified. The bill would, by January 1, 2017, require a private nonprofit hospital or nonprofit multispecialty clinic to develop, in collaboration with the community benefits planning committee, as established, a community health needs assessment that evaluates the health needs and resources of the community. The bill would also require these entities, prior to completing the needs assessment, to develop a community benefits statement and a description of the process for approval of the community benefits plan by the hospital's or clinic's governing board, as specified. The bill would authorize the hospital or clinic to create a community benefits advisory committee for the purpose of soliciting community input. This bill would require the hospital or clinic to make available to the public a copy of the assessment, file the assessment with the Office of Statewide Health Planning and Development, and update the assessment at least every 3 years. This bill would also require a private nonprofit hospital and nonprofit multispecialty clinic, by April 1, 2017, to develop a community benefits plan that includes a summary of the needs assessment and a statement of the community health care needs that will be addressed by the plan, and list the services, as provided, that the hospital or clinic intends to provide in the following year to address community health needs identified in the community health needs assessments. The bill would require the hospital or clinic to make its community health needs assessment and community benefits plan or community health plan available to the public on its Internet Web site and would require that a copy of the assessment and plan be given free of charge to any person upon request. This bill would require a private nonprofit hospital or nonprofit multispecialty clinic, after April 1, 2017, every 2 years to submit a community benefits plan to the Office of Statewide Health Planning and Development, as specified, and would allow a hospital or clinic under the common control of a single corporation or other entity to file a consolidated plan, as provided. The bill would require that the governing board of each hospital or clinic adopt the community benefits plan and make it available to the public, as specified. This bill would require the Office of Statewide Health Planning and Development to develop and adopt regulations to prescribe a standardized format for community benefits plans, as provided, to provide technical assistance to help private nonprofit hospitals and nonprofit multispecialty clinics exempt from licensure comply with the community benefits provisions, to make public each community health needs assessment and community benefits plan and any comments received regarding those assessments and plans, to maintain a public calendar of community benefit plan adoption meetings, and to calculate and make public the total value of community benefits provided by hospitals, as specified. This bill would authorize the Office of Statewide Health Planning and Development to assess a civil penalty, as provided, against any hospital or clinic that fails to comply with these provisions. This bill would make conforming changes.
The Planning and Zoning Law authorizes a state or local agency, where that agency requires a project proponent to transfer property to mitigate adverse project impacts upon natural resources, to in turn authorize a government entity, special district, or any of certain types of parties to hold title to, and manage, the transferred property. Existing law also allows a state or local agency that has required such a transfer of property for mitigation purposes to identify the funding needs for the long-term stewardship of the property, and establishes various requirements with respect to the amount and management of any endowment conveyed or secured for purposes of funding the protection of the property. This bill would where a governmental entity or specified district is the transferee of the property, specify that an endowment or other financial mechanism is not required if the governmental entity or special district provides evidence to the local or state agency that it possesses an investment-grade, as defined, credit rating by a nationally recognized statistical rating organization or other equivalent evidence of financial reliability, and enters into a contractual agreement, containing certain elements, with the local or state agency enforcing the mitigation requirements. This bill would require a participating governmental entity or special district to submit an annual report to the Department of Fish and Wildlife of the governmental entity's or special district's accounts receivables and discharged accounts, as specified.
Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. Existing law requires a regional center to include specified information on its Internet Web site for the purpose of promoting transparency and access to public information that includes specified information. This bill would require that information to include specified information about payments to vendors and to nonprofit housing organizations.
Existing law, the Myers-Milias-Brown Act, contains provisions that govern collective bargaining of local public employee organizations, and requires the Public Employment Relations Board to, among other things, determine in disputed cases whether a particular item is within or without the scope of representation. Existing law requires the governing body of a local public agency, or those boards, commissions, administrative officers, or other representatives as may be properly designated by law or by a governing body, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law authorizes an employee organization to request that the parties' differences be submitted to a factfinding panel not sooner than 30 days or more than 45 days following the appointment or selection of a mediator pursuant to the parties' agreement to mediate or a mediation process required by a public agency's local rules. Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to request that the parties' differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. Existing law requires the Public Employment Relations Board to select a chairperson of the factfinding panel within a specified period of time. This bill would provide that differences under these provisions include those differences that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and confer exists and are not limited to negotiations after impasse after collective bargaining for a new or successor memorandum of understanding.
Existing law requires that an action for recovery of damages suffered as a result of childhood sexual abuse, as defined, be commenced within 8 years of the date the plaintiff attains the age of majority or within 3 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later. Existing law provides that certain actions may be commenced on and after the plaintiff's 26th birthday if specified conditions are met. This bill would establish 2 separate statute of limitations for an action for recovery of damages suffered as a result of childhood sexual abuse. An action for recovery of damages suffered as a result of childhood sexual abuse occurring prior to January 1, 2015, would be subject to the above provisions of existing law. An action involving childhood sexual abuse occurring on or after January 1, 2015, would be required to be commenced within 22 years of the date the plaintiff attains the age of majority, or within 3 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later. The Government Claims Act sets forth the general procedure for presentation of a claim for money or damages against local public entities. This act also enumerates excepted categories of claims, including certain claims for the recovery of damages suffered as a result of childhood sexual abuse arising out of conduct occurring on or after January 1, 2009. This bill would clarify that the same exception applies regardless of which statute of limitation is controlling.
(1) Existing law requires the governing board of a school district, prior to acquiring any site on which it proposes to construct any school building, as defined, to have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only. This bill would require all new schoolsites acquired by the governing board of a school district or the governing body of a charter school to have at least 2 points of entry and exit onto the schoolsite that are safely accessible by pupils walking and bicycling to the schoolsite and that can be used for purposes of emergency access. (2) Existing law requires the State Department of Education, upon the request of the governing board of any school district, to advise the governing board on the acquisition of new schoolsites, and after a review of available plots, give the governing board a written list of the recommended locations in the order of their merit, considering especially the matters of educational merit, safety, reduction of traffic hazards, and conformity to the land use element in the general plan of the entity having jurisdiction. Existing law authorizes the governing board of a school district to purchase a site deemed unsuitable for school purposes by the department only after reviewing the department's report on proposed sites at a public hearing. Existing law requires the department to develop standards for use by a school district in the selection of schoolsites, in accordance with specified objectives. Existing law requires the department to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety. Existing law requires the department to investigate complaints of noncompliance with site selection standards and to notify the governing board of the school district of the results of the investigation. Existing law requires the governing board of the school district to discuss the findings of the investigation in a public hearing if the notification is received prior to the acquisition of the site. Existing law requires the department, upon the request of the governing board of any school district, to review plans and specifications for school buildings in the district, make a survey of the building needs of the district, advise the governing board concerning the building needs, and suggest plans for financing a building program to meet the needs. This bill would require the department to also advise the governing body of a charter school on the acquisition of new schoolsites, upon request, and would require the department to also consider especially the matters of proximity to residential areas, access for pupils walking and bicycling to the schoolsite, efficient use of public resources through joint use of existing and new facilities, and conformity to the mobility element in the general plan of the entity having jurisdiction. The bill would also authorize the governing body of a charter school to purchase a schoolsite deemed unsuitable for school purposes only after reviewing the department's report on proposed schoolsites at a public hearing. The bill would require the department to review and update at least every 10 years the standards for use by a school district or charter school in the selection of schoolsites, in accordance with specified objectives. The bill would require the department to also establish standards for use by school districts and charter schools to ensure that the design and construction of school facilities promote walking or bicycling access to the schoolsite to reduce traffic risks to pupils and joint use of public facilities. The bill would also require the governing body of a charter school to discuss the findings of a department investigation, as described above, in a public hearing if the notification is received before the acquisition of the schoolsite. The bill would require the department, also upon the request of the governing body of a charter school, to review plans and specifications for school buildings of the charter school, make a survey of the building needs of the charter school, advise the governing body of the charter school concerning the building needs, and suggest plans for financing a building program to meet the needs. The bill would also make nonsubstantive changes to this provision.
(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica's Law) , approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law further provides that a defendant shall be punished by imprisonment in the state prison for 15 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house. This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. (2) Existing law provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, spousal rape or sexual penetration in concert, sexual penetration, sodomy, or oral copulation if certain circumstances were present, including, among other things, in the commission of that offense any person kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances, and the crime was committed against a minor 14 years of age or older. This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. (3) Existing law requires that a person who commits certain enumerated crimes, including rape, sodomy, oral copulation, and sexual penetration, against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, receive a one-year sentence enhancement and requires that any person having a prior conviction for any of the enumerated offenses receive a 2-year sentence enhancement. This bill would add to the enumerated list of crimes rape, sodomy, oral copulation, and sexual penetration, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. (4) 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.