(1) Existing law prohibits a permanent school employee from being dismissed except for one or more specified causes. This bill would prohibit a collective bargaining agreement entered into or renewed on or after January 1, 2014, from requiring the removal, after a specified time period, from an employee's record of records pertaining to discipline, complaints, reprimands, or investigations relating to the employee's commission, or potential commission, of one of those specified causes for dismissal. (2) Existing law authorizes a governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend him or her for specified causes at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing. Existing law prohibits that notice from being given between May 15th and September 15th in any year. This bill would remove that prohibition. (3) Existing law prohibits the governing board of a school district from acting upon any charges of unprofessional conduct, or unsatisfactory performance, unless at least 45, or 90, calendar days, respectively, prior to the date of the filing of the charges the governing board, or its authorized representative, has given the employee written notice, as specified. This bill would remove those 45-day and 90-day requirements of written notice to the charged employee. (4) Existing law establishes a Commission on Professional Competence for each dismissal or suspension hearing requested by an employee, consisting of specified members, and requires the proceeding to be conducted in accordance with the Administrative Procedure Act. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board of the school district. This bill would delete the provisions providing for the establishment of a Commission on Professional Competence, and would instead require the proceedings to be conducted pursuant to the Administrative Procedure Act by an administrative law judge. The bill would require that the administrative law judge or, for a dismissal proceeding where the charges against the employee do not involve sex, drugs, or violence against children, a panel composed of the judge and 2 certificated employees, acting by a majority vote, propose a decision. The bill would provide that the decision of the administrative law judge or panel would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board of the school district. The bill would provide that an employee requesting a hearing may be placed on administrative leave without pay, and that an employee who is placed on administrative leave would be required to be paid his or her regular salary if he or she furnishes to the school district acceptable security, as specified. By increasing the duties of a governing board in this regard, this bill would impose a state-mandated local program. (5) Existing law prohibits testimony from being given or evidence being introduced at the hearing relating to matters that occurred more than 4 years prior to the date of the filing of the notice of dismissal or suspension. This bill would remove that 4-year limitation. (6) This bill would make additional changes that are nonsubstantive and conforming. (7) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Sponsored bills
Existing law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if he or she is not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. After January 1, 1978, if the court fails to advise the defendant, as required, and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on the defendant's motion, is required to vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. This bill would require the motion to be brought before the expiration of the time period for the destruction of the court records corresponding to the defendant's offense.
(1) Existing law authorizes the governing board of a school district to establish a security department or a school police department and authorizes specified moneys transferred into the general fund of any school district to be used for the training of persons employed and compensated as members of a police department of a school district, as specified. This bill would establish the School Marshal Plan and would authorize school districts, county offices of education, and charter schools to use general purpose funds to provide training to a school marshal. The bill would define a school marshal as a school employee who, in accordance with the Gun-Free School Zone Act of 1995 and pursuant to locally adopted policies, is authorized to possess a firearm at a schoolsite or designated school activities. (2) Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to specified criteria, and with certain exceptions. Existing law excludes from disclosure certain information contained in applications for licenses to, and licenses to, carry firearms submitted by prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates, to county sheriffs and the chiefs or other heads of municipal police departments. This bill would exclude from disclosure the personally identifiable information set forth in applications for a license to, and the license to, carry firearms submitted by a school marshal to the sheriff of a county or the chief or other head of a municipal police department. By increasing duties on county sheriffs and the chiefs or other heads of municipal police departments, the bill would impose a state-mandated local program. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This measure would recognize the contributions of the aerospace industry to the history, economy, security, and educational system of California, its communities, and its citizens by proclaiming the month of March 2013 as California Aerospace Month.
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. This bill would authorize the Ronald Reagan Centennial Capitol Foundation, in consultation with the Department of General Services, to plan a statue of Ronald Reagan in the State Capitol Building Annex. The bill would require the Department of General Services and the Ronald Reagan Centennial Capitol Foundation to approve the design and any other aspect of the statue. The bill would require that the planning, construction, and maintenance of the statue be funded with private donations through the Ronald Reagan Centennial Capitol Foundation. The bill would prohibit construction of the statue until the Joint Committee on Rules has approved and adopted the plan for the statue, and the Joint Committee on Rules and the Department of Finance have determined that sufficient private funding is available to construct and maintain the statue.
Existing law authorizes any peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal and to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the animal's owner. Existing law regulates the distribution of controlled substances, as defined. Among other things, these provisions authorize certain practitioners, including a physician or a veterinarian, or the authorized agent of that practitioner in the presence of the practitioner, to administer controlled substances. This bill would authorize an animal control officer or humane officer to possess and administer a tranquilizer that contains a controlled substance to a wild, stray, or abandoned animal, as specified, with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer meets prescribed training and other requirements. This bill would incorporate additional changes in Section 597.1 of the Penal Code proposed in SB 1500, that would become operative only if SB 1500 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.
Existing state law governs common carriers, including contracts for the conveyance of property, persons, or messages from one place to another. Federal law specifically governs commercial space flight activities. Among other provisions, federal law requires that space flight providers obtain both the written consent of space flight participants and liability insurance. This bill would require a space flight entity, as defined, to collect a signed warning statement, as specified, from each participant in space flight activities, as defined. In addition to the disclosures required by federal law, the bill would require the warning statement to, at a minimum, inform the participant that there is limited civil liability for bodily injury sustained as a result of the inherent risks associated with space flight activities. The bill would limit the liability of a space flight entity that complies with these provisions, except as provided.
(1) Existing law, the Contractors' State License Law, provides for the licensing and regulation of contractors by the Contractors' State License Board within the Department of Consumer Affairs. Existing law requires every licensed contractor, or applicant for licensure, to have on file at all times with the board a current and valid Certificate of Workers' Compensation Insurance or Certification of Self-Insurance, or a statement certifying that he or she has no employees and is not required to obtain or maintain workers' compensation insurance. Existing law, until January 1, 2013, requires a contractor with a C-39 roofing classification to obtain and maintain workers' compensation insurance even if he or she has no employees. This bill would extend the operation of these provisions indefinitely. The bill would require the current and valid Certificate of Workers' Compensation Insurance or Certification of Self-Insurance to be in the applicant's or licensee's business name. Under existing law, for any license that, on January 1, 2011, is active and includes a C-39 classification but for which a valid Certificate of Workers' Compensation or Certification of Self-Insurance has not been received by the registrar of contractors, the registrar is required, in lieu of suspending the license, to remove the C-39 classification from the license. This bill would change this date to January 1, 2013, and would extend the operation of these provisions indefinitely. Existing law requires the suspension of any license that, after January 1, 2011, is active and has had the C-39 classification removed pursuant to the above-described provisions, if the licensee is found by the registrar to have employees and to lack a valid Certificate of Workers' Compensation or Certification of Self-Insurance. This bill would change this date to January 1, 2013, and would extend the operation of these provisions indefinitely. (2) Existing law requires an insurer who issues a workers' compensation insurance policy to a roofing contractor holding a C-39 license from the Contractor's State License Board to perform an annual payroll audit for the contractor. The Insurance Commissioner is further required to direct the rating organization designated as his or her statistical agent to compile pertinent statistical data on those holding C-39 licenses, and, on an annual basis, the rating organization is required to report its data to the commissioner. Under existing law, the statistical data in the rating organization's report includes the total annual payroll and loss data reported on those holding C-39 licenses, as specified. Existing law provides that these provisions are inoperative and repealed on January 1, 2013. This bill would extend the operation of these provisions indefinitely. The bill would require that the statistical data compiled by the rating organization pursuant to these provisions include data regarding the number of employers, total payroll, total losses, and the losses per $100 of payroll, broken down by reported annual payroll ranges. The bill would require that the audit performed by the insurer include an in-person visit to the place of business of the roofing contractor to verify whether the number of employees reported by the contractor is accurate.
This measure would recognize the 25th anniversary of the California Vietnam Veterans Memorial on November 23, 2013, and encourage all Californians to take part in ceremonies, organized by the California State Council of Vietnam Veterans of America along with assistance from the Department of Veterans Affairs and other veterans service organizations. This measure would call upon the state archives to display memorabilia in a special display on the Vietnam War, as provided, the California State Military Museum to prepare and display exhibits on the Vietnam War, as provided, and the Department of Veterans Affairs to add names to the memorial, as provided.