Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. This bill would make technical, nonsubstantive changes to those provisions.
The Song-Beverly Credit Card Act of 1971 generally regulates credit card transactions. That law prohibits a retailer in any sales, service, or lease transaction with a consumer imposing a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means. Existing law further provides that any retailer who willfully violates this prohibition by imposing a surcharge on a cardholder who elects to use a credit card and who fails to pay that amount to the cardholder within 30 days of a written demand by the cardholder to the retailer by certified mail, shall be liable to the cardholder for 3 times the amount at which actual damages are assessed. This bill would make a technical, nonsubstantive change to these provisions.
Existing law prescribes various duties for the Department of General Services in connection with development and maintenance of the park around the State Capitol Building. Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would require the Department of Veterans Affairs to plan and construct a memorial plaque in the State Capitol Park, in consultation with the Department of General Services, to honor California veterans who have fought and served in the War in Iraq. The bill would require the memorial plaque and its maintenance to be funded through private donations. The bill would require donations received by the Controller for those purposes to be deposited in the War in Iraq Memorial Plaque Fund, which the bill would create as a continuously appropriated fund for that purpose, thereby making an appropriation. The bill would prohibit construction or affixion of the memorial plaque until the Department of Veterans Affairs has determined that sufficient private funding is available to construct the memorial plaque.
(1) Existing law establishes the Public Employees' Retirement System (PERS) and the State Teachers' Retirement System (STRS) for the purpose of providing pension benefits to their employees. Existing law also establishes the Judges' Retirement System II which provides pension benefits to elected judges and the Legislators' Retirement System which provides pension benefits to elective officers of the state other than judges and to legislative statutory officers. The County Employees Retirement Law of 1937 authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees. The Regents of the University of California have established the University of California Retirement System as a trust for this purpose. 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 making specified contributions to the system. Existing law authorizes retirement benefits to be increased. This bill, on and after January 1, 2013, would prohibit a public retirement system from allowing the purchase of additional retirement service credit, as described above. The bill would except from this prohibition an official application to purchase this type of service credit received by the retirement system prior to January 1, 2013. The bill would prohibit any member who does not have at least 5 years of service credit before the operative date of this bill, or any person hired on or after that date, from purchasing additional retirement service credit. This bill would provide that any enhancement to a public retirement system's retirement formula or benefit that is adopted on or after January 1, 2013, would apply only to service performed on or after the operative date of the enhancement, except under specified circumstances. The bill would also provide that, if a change to a member's classification or employment results in an increase in the retirement formula or benefit applicable to that member, the increase would apply only to service performed on or after the operative date of the change. This bill would require a public employer to offer to its employees first hired on or after July 1, 2013, a hybrid pension plan or alternative pension plan option, as specified. The bill would require that each hybrid pension plan be designed with the goal of providing at normal retirement age, based upon a full career in public service of 30 years for safety employees and 35 years for all other public employees, replacement income of 75% of a public employee's final compensation. (2) 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 bill would require that a public employee, as defined, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, or service retirement, or other benefits, forfeit retirement benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. The bill would also require any contributions to the public retirement system made by the public employee on or after the earliest date of commission of the felony to be returned, without interest, to the public employee upon the occurrence of a distribution event, as defined, unless otherwise ordered by a court or determined by the pension administrator. The bill would also make related, conforming changes. (3) Existing law defines final compensation for various employment classifications in connection with the benefits provided by the retirement systems. The bill, for the purposes of determining a retirement benefit paid to a person who first becomes a member of a public retirement system on or after January 1, 2013, would require that final compensation be calculated by multiplying the member's years of service credit by a percentage of the member's final compensation based on age at retirement using the member's payrate during a period of at least 36 consecutive months, as specified. (4) 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 ensure 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 bill would require public employees who contribute to a defined benefit plan or component to contribute at least 12 of the annual actuarially determined normal costs, and would prohibit a public employer from contributing in any fiscal year, in combination with employer contributions, less than the plan normal cost. The bill would also prohibit an employer from paying the member's share of the employee contribution, except as specified. (5) Existing law generally prohibits any person who has been 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 bill would prohibit a person who retires from a public employer from serving without reinstatement, except during an emergency to prevent stoppage of public business or because the retired employee has skills needed to perform work of limited duration, as specified. (6) The California Constitution prohibits changing the composition of the retirement board of certain public pension systems, including the number, terms, and method of selection and removal of members, unless the change is ratified by a majority vote of the electors of the jurisdiction in which the participants of the pension system are or were prior to retirement, employed. Existing law creates the Board of Administration of PERS for the purpose of governing the system and prescribes the composition of the board. Existing law requires that one member of the board of administration be a member of the State Personnel Board, serving at the pleasure of the State Personnel Board, and that a member representing the public be chosen jointly by the Speaker of the Assembly and the Senate Committee on Rules. Existing law further requires that an official of a life insurer be appointed to the board of administration by the Governor. This bill would revise the composition of the Board of Administration of PERS. The bill would eliminate the position of the member of the State Personnel Board and would replace that position with the Director of Finance. The bill would add to the board 2 persons, appointed at the pleasure of the Governor, who represent the public, have financial expertise, and are not interested in the system, as specified. The bill would also replace the official of a life insurer, whom the Governor is currently authorized to appoint, with a gubernatorial appointee who has expertise in health insurance and is not interested in the system. (7) The Public Employee's Medical and Hospital Care Act (PEMHCA) requires the employer contribution, with respect to each employee or annuitant who is in employment or retired from state service, to be adjusted by the Legislature in the annual Budget Act, as specified. Those adjustments are required to be based on the principle that the employer contribution for each employee or annuitant shall be an amount equal to 100% of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the 4 health benefit plans that had the largest state enrollment, excluding family members, during the previous year. For each employee or annuitant with enrolled family members, the employer is required to contribute an additional 90% of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the 4 health benefit plans that had the largest state enrollment, excluding family members, during the previous year. This bill, for employees first hired on or after January 1, 2013, would limit the employer contribution amount to no greater than the lowest premium formula paid for a current employee enrolled for self-alone health benefit coverage year during the benefit year to which the formula is applied multiplied by the weighted average of the health benefit plan premiums, as specified. The bill would further require an employer, for each enrolled family member of a retired employee, to contribute an additional percentage that is no higher than the lowest premium formula paid for enrolled family members multiplied by the weighted average of the additional health benefit plan premiums required for enrollment of those family members. (8) Under PEMHCA, a state employee is required to have a certain number of years of state service, depending on hiring date and other factors, before he or she may receive any portion of the employer contribution payable for annuitants for postretirement health benefits. This bill would prohibit a state employee who becomes a state member of the system on or after January 1, 2013, from receiving any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. The bill would further specify that the percentage of the employer contribution payable for postretirement health benefits for an employee shall be based on the number of completed years of credited state service at retirement, with 50% after 15 credited years of service, and 100% after 25 or more years of service. (9) The bill would also declare that ensuring the statewide integrity of local government pension systems and ensuring the sufficiency of local public safety services are matters of statewide concern and not a municipal affair, and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill. The bill would also declare that these provisions apply to the University of California. (10) The bill would delay the operation of its provisions until January 1, 2013, contingent on voter approval of an unspecified Senate Constitutional Amendment by voters at the November 6, 2012, statewide election. (11) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law authorizes the Department of Parks and Recreation to enter into agreements with any agency of the United States or any city, county, district, or other public agency for the care, maintenance, administration, and control by a party to the agreement, of lands under the jurisdiction of any party to the agreement for purposes of the state park system. Existing law prohibits an operating agreement to be entered into or amended, unless, among other things, the Legislature has reviewed the lease or agreement, or amendment, as part of the annual budget process. This bill would require the department, if it proposes to fully close a unit of the state park system, with no planned public access, to notify the county or city in which the unit is located. Pursuant to procedures specified in the bill, a county or city would have the opportunity to take over operations and maintenance of the unit of the state park system. The bill would require the department to enter into negotiations with a county or city that notifies the department of its intention to take over the operation and maintenance of a unit of the state park system in response to the department's notice. The bill would require an agreement entered into to include certain provisions, including a provision that would require the length of the term of the agreement to be not less than one year and not longer than 5 years, with an option to renew upon the conclusion of the agreement. (2) Existing law vests with the Department of Parks and Recreation control over the state park system, including historical units of the state park system, and requires the department to implement laws intended to protect, develop, and preserve historical resources in the state. Existing law establishes the State Office of Historic Preservation in the department and authorizes the office to, among other things, enter into agreements for the preservation and management of historical resources under its control with public agencies, nonprofit organizations, private entities, or individuals, and to award grants not exceeding $1,000,000 or 50% of the cost of a project, on a competitive basis, to public agencies and nonprofit organizations for the preservation of historical resources. In this connection, the Budget Act of 2008 appropriated a specified amount of funds from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund to the department, to be available for expenditure until June 30, 2011, for a grant to the California State Railroad Museum Foundation for the rehabilitation and development of the boiler shop core, shell, and site rehabilitation and development at the California State Railroad Museum site, subject to specified terms and conditions. This bill would authorize the department to expend any remaining funds from that appropriation for a grant to the California State Railroad Museum Foundation for expenditure, until June 30, 2013, for the core, shell, and site and track rehabilitation and development of the erecting shop and the track rehabilitation and development of the boiler shop at the California State Railroad Museum site, subject to specified terms and conditions. By authorizing the department to expend those previously appropriated funds for the above-described purposes, the bill would make an appropriation.
(1) 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 amount of 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. These pension systems are funded by employee and employer contributions and investment returns. Existing law provides that public employee pension benefits are a form of deferred compensation, the right to which vests in the employee on contractual principles and is protected from impairment by the California Constitution and the United States Constitution. This measure would require each public retirement system, as defined in statute, to provide one or more hybrid pension plans meeting the requirements of this measure to each public employer that provides its employees a defined benefit pension plan administered by the public retirement system. The measure would require that a hybrid pension plan consist of a defined benefit component and a defined contribution or alternative plan design component, as specified. The measure would require, among other things, that a hybrid pension plan be designed with a goal of providing annually during retirement, based on a full career in public service, as defined, replacement income of 75% of a public employee's final compensation. The measure would require the Director of Finance, on or before January 1, 2013, to establish initial criteria and requirements for one or more hybrid pension plans, as specified. The measure would require, on and after July 1, 2013, each public retirement system to administer, and make available to each public employer that provides a defined benefit pension plan, one or more hybrid pension plans, except as specified, for public employees hired in each member classification in the public retirement system. The measure would require, for public employees hired on and after January 1, 2013, that retirement benefits be limited as provided, with regard to a defined benefit that is calculated with reference to final compensation, as specified, that final compensation be calculated using at least a consecutive 36-month period of service. The measure would establish various other limitations on the retirement benefits offered by public employers to public employees, regardless of the date the employees are hired, to the fullest extent permissible under the United States Constitution. In this regard, the measure would require that any change to a formula or benefit resulting in an increase in a member's pension benefits shall apply only to service performed on and after the operative date of the change and would require that employers and employees make required payments to fund the normal cost of benefits, as specified. The measure would require public employees to contribute at least 12 of the normal costs of any defined benefit plan and would prohibit an employer from paying an employee's required contributions, except as specified. The measure would also prohibit retirement systems from granting any nonqualified service credit, as specified. The measure additionally would require that a public employee, who is convicted of any felony arising from his or her official duties, forfeit retirement benefits based on certain statutes. The measure would limit the amount of service that a retired public employee may perform for public employers. The measure would provide that neither its provisions nor any related statutory provisions apply to, or otherwise restrict, death, survivor, and disability benefits, except as specified. The measure would provide that labor contracts that are in effect on November 7, 2012, and that are in conflict with the measure's provisions remain in effect until the expiration of the contract, at which time the requirements of the measure would apply. The measure would specify that terms used in those provisions are to be defined in a specified statute and would permit the Legislature to amend specified statutes referenced in the measure's provisions by a 23 vote of the membership of each house by a statute that is consistent with and furthers its purposes. The measure would provide that the activities, programs, and levels of service associated with its provisions are not state-mandated local programs requiring a subvention of funds. (2) The California Constitution prohibits the Legislature from changing the composition of the retirement board of a public pension or retirement system that included elected employee members as of a specified date, including the number, terms, and method of selection and removal of members, unless the change 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 require the composition of the retirement board of a public pension or retirement system to be modified, in the manner provided for in a specified statute, and would exempt that modification from ratification by the electors. (3) The measure would require the state to defend the constitutionality of its provisions.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. This bill would make a nonsubstantive, technical revision to the definition of an electrical corporation.
Existing law, the California Finance Lenders Law, prohibits a finance lender or broker from making or brokering a residential mortgage loan unless the loan is offered by, negotiated by, or applied for through a licensed mortgage loan originator. This bill would make a nonsubstantive change to these provisions.
(1) Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would also provide that the activities of the office in reviewing and approving regulations, and amendments or repeal of regulations, as prescribed, be exempt from the California Environmental Quality Act. (2) The act requires that state agencies proposing to adopt regulations, prior to publication of the notice of proposed action, involve parties that would be subject to the proposed regulations in public discussions regarding those proposed regulations, when the proposed regulations involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period. The act requires an agency that does not or cannot comply with that requirement to state the reasons for noncompliance with reasonable specificity in the rulemaking record. The act also provides that these requirements are not subject to judicial review or a specified review by the office. This bill would make the requirement to involve parties that would be subject to the proposed regulations in public discussions regarding those proposed regulations applicable to all proposed regulations. The bill would also require, for a major regulation, as defined, that an agency consider and evaluate reasonable alternatives to a proposed regulation that are proposed by a party who would be subject to the proposed regulation. The bill would require that an agency that does not or cannot comply with these requirements justify its noncompliance by substantial evidence. The bill would repeal the provisions that exempt these requirements from judicial review and review by the office. (3) The act requires a state agency proposing to adopt, amend, or repeal any administrative regulation to assess the potential for adverse economic impact on California business enterprises and individuals, as prescribed. The act also requires the Department of Finance to adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that an agency shall use in making certain determinations relating to cost impacts of regulations. This bill would require each state agency proposing to adopt, amend, or repeal a regulation, in addition to those existing economic analysis requirements, to prepare a cost-benefit economic analysis of the proposed regulation with specified information. Commencing July 1, 2012, this bill would require an agency that proposes to adopt a major regulation to prepare an economic competitiveness assessment with specified information. The bill would establish within the Department of Finance the Office of Economic and Regulatory Analysis, which would be required to review and approve economic analyses of proposed regulations, including economic competitiveness assessments conducted for proposed major regulations, and perform other related duties, as specified. The bill would require the Office of Economic and Regulatory Analysis to adopt guidelines that each agency would be required to follow for purposes of performing the economic assessments, including economic competitiveness assessments. (4) The act requires a state agency to issue a notice of proposed action, with specified information relating to the proposed regulation, including an informative digest and a statement related to the description of cost impacts known to the agency. This bill would require additional information to be included in the informative digest, as specified, and would eliminate the requirement that the agency include a prescribed statement in the notice of proposed action when no cost impacts are known to the agency. The bill would also require that the notice of proposed action also include a statement of the results of the economic assessment, including the economic competitiveness assessment performed for a major regulation, and the corresponding approval from the Office of Economic and Regulatory Analysis. (5) The act requires the office to approve or disapprove regulations submitted by an agency within 30 days. The office is required to make determinations regarding submitted regulations using the standards of necessity, authority, clarity, consistency, reference, and nonduplication, as defined. The act requires that the office disapprove and return to the agency a regulation that does not satisfy prescribed requirements of the act. The act authorizes an agency to appeal to the Governor a decision by the office to disapprove a proposed regulation, as specified. This bill would define the term "competitiveness" and revise the definition of the term "consistency," as specified. The bill would increase to 60 days the amount of time in which the office is required to approve or disapprove a submitted regulation. The bill would require the office to review a major proposed regulation for the standard of competitiveness. The bill would repeal the provisions that authorize an agency to appeal an office decision to the Governor. (6) The act requires the office, at the request of any standing, select, or joint committee of the Legislature, to initiate a priority review of any regulation, group of regulations, or series of regulations that the committee believes does not meet the standards of necessity, authority, clarity, consistency, reference, and nonduplication. If the office determines that the regulation no longer meets those standards, the office is required to file an order of repeal of the regulation with the Secretary of State, as specified. The act requires the office to make its determination within 60 days, and if the office fails to do so, the regulation is deemed to meet those standards. This bill would repeal the requirement that a regulation be deemed to meet the review standards if the office fails to make a determination within 60 days. This bill would require the Office of Administrative Law to convene public workshops, as specified, for determining whether regulations should be subject to the priority review process. The bill would require the office to initiate the priority review process for a regulation, if the office determines it no longer meets the required standards and an alternative has been proposed, as specified. (7) The act exempts the State Water Resources Control Board from the procedures of the act, except as provided. This bill would require the State Water Resources Control Board to comply with the economic assessment requirements of the act and would specify that an exemption for certain requirements and permits and waivers are limited to those for individual applicants, as specified. (8) This bill would make conforming changes.
Existing law establishes the Year-Round School Grant Program for the purposes of providing financial assistance to school districts to operate multitrack year-round educational programs. The Superintendent of Public Instruction is required to administer the program, and to award grants to qualifying school districts for the establishment and operation of these programs. This bill would make technical, nonsubstantive changes to these provisions.
