Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law requires state agencies to secure at least three competitive bids or proposals for each contract, except as specified. The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including imposing reporting requirements on elected officials and campaign committees. In this regard, the act requires elected officials and members of the Public Utilities Commission to report behested payments from the same source in the same calendar year in which they are made, that equal or exceed $5,000, in the aggregate. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, charitable, legislative, or governmental purposes. This bill would prohibit a state agency, as defined, from awarding a contract for which the state agency has not secured at least 3 competitive bids or proposals to a company that has made a behested payment at the behest of the Governor in the preceding 12 months. .
Sponsored bills
Existing law prohibits the possession, transportation, importation, sale, manufacturing, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl. Existing law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law both manslaughter and murder are punishable as felonies. This bill would require a court to advise a person convicted of specified crimes, including, among others, selling, furnishing, transporting, or manufacturing certain controlled substances, that such conduct inflicts a grave health risk to those who ingest or are exposed to those substances, that it is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances, and that if someone dies as a result, the defendant can be charged with voluntary manslaughter or murder. The bill would require the advisement to be provided in writing and the fact that the advisement was given to be recorded on the record and recorded in the abstract of judgment.
The Personal Income Tax Law and Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2023, would allow a credit against the taxes imposed by those laws to employers, as specified, for the expenses of complying with specified COVID-19 supplemental paid sick leave requirements. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would also make findings and declarations related to a gift of public funds.
Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the county's designated counsel, as specified, when the department makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator, or when a person who is committed as a sexually violent predator has petitioned a court for conditional release under supervision and treatment in the community pursuant to a conditional release program, or has petitioned a court for subsequent unconditional discharge, and a community placement is recommended or proposed. Existing law requires a sexually violent predator who is conditionally released to be placed in the county that was the person's county of domicile prior to the person's incarceration, unless extraordinary circumstances exist requiring placement outside the county, as specified. This act, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the county's executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing and distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction.
Existing statutory law authorizes state agencies to enter into contracts for the acquisition of goods or services upon approval by the Department of General Services. Existing statutory law sets forth various requirements and prohibitions for those contracts. This measure would subject the approval of a renewal or extension of a no-bid contract by a state agency for the acquisition of goods or services pursuant to law governing public contracts, in the amount of $25,000,000 or more, entered into on or after January 1, 2023, to the oversight of the Joint Legislative Budget Committee, as prescribed.
Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the county of domicile and requires the State Department of State Hospitals, or its designee, to consider specified factors when recommending a specific placement for community outpatient treatment, including the concerns and proximity of the victim or the victim's next of kin and the age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement. This bill would also require, if reasonably possible, a person to be placed at a location within the person's city of domicile, if any, or within a close geographic location within the county of domicile in which the person has family, social ties, or economic ties, and access to reentry services, unless placement within that city or location would pose a risk to the person's victim or victim's next of kin. The bill would additionally require the department, or its designee, to consider additional factors when recommending a specific placement for community outpatient treatment, including whether the specific placement location has reasonable access to public transportation, whether the specific placement location has reasonable access to health and mental health providers, and, in certain circumstances, whether the specific placement location would contribute to an overconcentration of persons on conditional release in the area.