Sen. Steve Knight

Existing law requires instruction in social sciences to include the early history of California and a study of the role and contributions of specified groups of people to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society. This bill would instead authorize instruction in social sciences to include the early history of California and a study of the role and contributions of specified groups of people to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society.

This measure would designate April 18, 2012, as DMV/Donate Life California Day in the State of California, and April 2012 as DMV/Donate Life California Month in the State of California, and would encourage all Californians to be organ, tissue, and blood donors.

This measure would honor and recognize the service and sacrifice made by members of the Armed Forces and their families on the occasion of Armed Forces Day on May 19, 2012.

Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board (SPWB) to acquire, design, and construct local jail facilities approved by the Corrections Standards Authority. Existing law authorizes the SPWB to issue revenue bonds, notes, or bond anticipation notes in specified amounts to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities, as specified. Existing law authorizes a participating county that has received a conditional award under one specified jail facilities financing program to relinquish its conditional award, provided that no state moneys have been encumbered in contracts let by the county, and reapply for a conditional award under a separate financing program that requires the county to contribute 10% of the total project costs. Moneys derived under the separate financing program are continuously appropriated for the acquisition, design, or construction of approved jail facilities. This bill would require that, notwithstanding the provisions above, any qualified county, as defined, that has received a conditional award under one specified jail facilities financing program whereby state moneys have been encumbered in contracts let by the county, to be awarded $16,000,000 by December 31, 2012, from the separate financing program. By expanding the purposes of a continuously appropriated fund, this bill would make an appropriation.

Existing law requires an insurer, or agent authorized by that insurer to act on behalf of the insurer, upon written request, to release to a requesting officer of an authorized governmental agency, as defined, any or all relevant information deemed important to the authorized governmental agency that the insurer may possess relating to any specific insurance fraud. Existing law provides that no insurer may be subject to civil liability by virtue of providing information pursuant to these provisions. This bill would also require the insurer, or agent authorized by that insurer to act on behalf of the insurer, to release to the authorized governmental agency any or all relevant information deemed important to the authorized governmental agency that the insurer may possess relating to any other unlawful activity by the insured or claimant uncovered in the course of an insurance fraud investigation, including, but not limited to, information about an unlawful activity by the insured or claimant not related to insurance fraud. The bill would provide that no insurer, or agent authorized by that insurer, would be subject to civil liability by virtue of providing information about an unlawful activity not related to insurance fraud that is uncovered when investigating an allegation of insurance fraud.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 establishes, until January 1, 2015, an alternative method for the preparation of the record of proceedings and alternative judicial review procedures for an action challenging the certification of an EIR for a project meeting specified requirements, including the requirement that the project will result in a minimum investment of $100,000,000, the project is located at an infill site, and the project has been certified by the Governor as an environmental leadership development project. The act also requires a residential, retail, commercial, sports, cultural, entertainment, or recreation use project that qualifies for certification to be certified as LEED silver or better by the United States Green Building Council. This bill would extend indefinitely the use of the alternative method for the preparation of the record of proceedings and the alternative judicial review procedures. The bill would expand projects that would be eligible for those alternative processes to include, among others, commercial development projects exceeding 125,000 square feet, residential development projects exceeding 50 units, and projects with over 20 acres of cultivated development. The bill would repeal the requirements that the project will result in a minimum investment of $100,000,000, be located in an infill site, and be certified by the Governor. The bill would instead require a residential, retail, commercial, sports, cultural, entertainment, or recreation use project that qualifies for these alternative processes to be designed to meet or exceed the standards for the CalGreen Tier 1 building as provided in the California Green Building Standard. Because this bill would expand the use of the alternative method for preparing the record of proceedings, this bill would impose a state-mandated local program. (2) 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.

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 an employee of a school district, county office of education, or charter school, 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 employee on or after the earliest date of commission of the felony to be returned, without interest, to the employee upon the occurrence of a distribution event, as defined, unless otherwise ordered by a court or determined by the pension administrator.

Existing law charges the Department of Corrections and Rehabilitation with the responsibility of planning and constructing state correctional facilities. The Department of Corrections and Rehabilitation is headed by the Secretary of the Department of Corrections and Rehabilitation. Existing law authorizes the secretary to enter into a long-term agreement not to exceed 20 years with a city, county, or city and county to place parole violators and other state inmates in a specified facility. This bill would authorize the secretary to enter into a long-term agreement not to exceed 25 years, with the City of Adelanto to finance and build a state prison facility, as specified, for the incarceration of medium and maximum security inmates. The bill would require the facility to be staffed by the Department of Corrections and Rehabilitation and the bill would require incarcerated inmates to be subject to the rules and regulations of the secretary. The bill would require the secretary to take certain factors into consideration in determining the reimbursement rate for a long-term agreement with the City of Adelanto and would require the payment to include a specified service fee component. The bill would authorize the secretary to contract with the City of Adelanto for the maintenance of the facility. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Adelanto.

(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 Assembly 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.

Existing law requires a person who is convicted of willfully fleeing or attempting to elude a pursuing peace officer while operating a motor vehicle and who proximately causes serious bodily injury or death to any person to be punished by imprisonment in the state prison for one of the specified terms, by confinement in a county jail for not less than 6 months nor more than one year, by a specified fine, or by both that fine and imprisonment. Existing law also requires a person who is convicted of willfully fleeing or attempting to elude a pursuing peace officer while operating a motor vehicle, and who willfully drives that vehicle on a highway in a direction opposite to that in which the traffic lawfully moves upon that highway, to be punished by imprisonment, or a fine, or by both that fine and imprisonment. This bill would increase the penalty for those persons who are so convicted, if the person is on parole, postrelease supervision, postrelease community supervision, or probation for a felony, or who is a defendant serving a specified sentence. By adding to the elements of an offense to increase punishment, thereby imposing new proof requirements, the bill would impose a state-mandated local program. 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.