Sen. Noreen Evans

This measure would recognize February 2009 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.

This measure would recognize the weeks of February 22 through February 28, 2009, and February 21 through February 27, 2010, as Eating Disorders Awareness Week and would encourage citizens and policymakers to learn more about eating disorders and the obstacles to treatment, and to help people overcome and prevent these life-threatening diseases.

Existing law provides that whenever the Controller draws a warrant upon the Treasurer payable out of the General Fund in an amount in excess of the balance remaining in the unapplied money in the General Fund, as specified, the Controller shall upon the same day present it to the Treasurer who shall endorse it in accordance with certain procedures, thereby creating registered warrants. The Controller, with the approval of the Pooled Money Investment Board, is authorized to fix a maturity date for registered warrants. This bill would allow a registered warrant to be redeemed at the option of the Pooled Money Investment Board prior to the maturity date of the warrant at a redemption price, calculated as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, and land or other property in the possession of any other party to the action. Existing law requires the party to whom an inspection demand has been directed to respond separately to each item or category of item by any of certain responses, including a statement that the party will comply with the particular demand for inspection by the date set for inspection pursuant to a specified provision. This bill would establish procedures for a person to obtain discovery of electronically stored information, as defined, in addition to documents, tangible things, and land or other property, in the possession of any other party to the action. This bill would permit discovery by the means of copying, testing, or sampling, in addition to inspection, of documents, tangible things, land or other property, or electronically stored information. The Civil Discovery Act permits the party demanding inspection and the responding party to agree to extend the time for service of a response to a set of inspection demands, or to particular items or categories of items in a set, to a date beyond that provided in a specified provision. This bill would permit the parties to agree to extend the date for inspection, copying, testing, or sampling beyond those provided in specified provisions. The Civil Discovery Act requires any documents produced in response to an inspection demand to be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand. The documents are to be produced on the date described above or as agreed to by the parties pursuant to an extension. This bill would make this provision applicable, in addition, to documents produced in response to a demand for copying, testing, or sampling. The bill would furthermore provide that if a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified in the demand, the responding party shall state in its response the form in which it intends to produce each type of information. In general if a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party would be required to produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable, but need not produce the same electronically stored information in more than one form. The bill would also provide that a party seeking a protective order regarding, or a party objecting to or opposing a demand for, production, inspection, copying, testing, or sampling of electronically stored information, on the basis that the information is from a source that is not reasonably accessible because of the undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. If it is established that the electronically stored information is from a source that is not reasonably accessible because of undue burden or expense, the court may nonetheless order discovery if the demanding party shows good cause, subject to specified restrictions in specified circumstances. Existing law requires the court to impose a monetary sanction, as specified, against any party or any attorney of a party for specified violations. This bill would generally provide that, notwithstanding the above provision, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would recognize California as the leading high technology center in the United States and would declare that it shall remain the leading high technology center in the United States. The measure would also declare the 2nd week of May, annually, as California High Technology Week.

This measure would urge the Congress and President of the United States to enact legislation that would provide for a 3-year extension of the Ryan White HIV/AIDS Treatment Modernization Act of 2006, including the existing formula-based funding for states with maturing names-based HIV reporting systems, from its current sunset on September 30, 2009, to September 30, 2012.

This measure would urge the United States government to urge the Mexican government to extend the deadline for Mexican laborers, known as braceros, who worked in the United States beginning in 1942 as part of a labor importation program initiated by the United States to alleviate a labor shortage during World War II, to submit a claim to recover unpaid wages from a specified settlement fund. It would also urge the United States government to urge the Mexican government to accept a variety of documents as proof of a valid claim.

This measure would declare May 2009 to be American Stroke Month in California.