(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
This measure would declare the month of May 2013 as Foster Care Month.
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 vests in the State Department of Developmental Services jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to persons with developmental disabilities. Existing law requires a developmental center to immediately report all resident deaths and serious injuries of unknown origin to the appropriate local law enforcement agency. Existing law establishes the Office of Protective Services within the State Department of Developmental Services. This bill would rename a certain position within the Office of Protective Services as the Director of Protective Services, require the director to meet specified qualifications, and require that the director be appointed by and serve at the pleasure of the Secretary of California Health and Human Services, as specified. This bill would require the department to report certain events involving death or harm involving a developmental center resident to a designated protection and advocacy agency. The bill also would require the State Department of State Hospitals to report the same categories of events to the protection and advocacy agency, with respect to a resident of a state mental hospital. Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse, as defined. Failure to make a report as required by existing law is a misdemeanor. This bill would require mandated reporters in the State Department of Developmental Services to immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. By creating new duties for local officials, this bill would impose a state-mandated local program. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 4427.5 of the Welfare and Institutions Code proposed by SB 1522, to be operative only if SB 1522 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last. This bill would also incorporate additional changes to Section 15630 of the Welfare and Institutions Code proposed by AB 40, to be operative only if AB 40 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the name and address of each person to whom junk is sold or disposed of, and to preserve the written record for at least 2 years after making the final entry of any purchase or sale of junk. Existing law provides that the failure to keep a written record as required is punishable as a misdemeanor. Existing law prohibits a junk dealer or recycler in this state from providing payment for nonferrous metals unless, in addition to the requirement to create and maintain a written record, specified requirements are met, including that the payment for the material be made by cash or check and that, at the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. Existing law requires the junk dealer or recycler to preserve this information for 2 years after the date of sale. Existing law provides that any person who violates specified provisions of existing law relating to secondhand goods is guilty of a misdemeanor. This bill would prohibit any junk dealer or recycler from possessing a reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, bronze or brass fittings or parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, that was owned by a public agency, city, county, city and county, special district, or private utility, without a written certification on the letterhead of the entity that owns or previously owned the material that the entity has sold or is offering the material for sale, and that the person possessing the certificate and identified in the certificate is authorized to negotiate the sale of the material. The bill would require a junk dealer or recycler who unknowingly takes possession of prohibited material as part of a load of otherwise nonprohibited materials without written certification to notify the appropriate law enforcement agency, as defined, by the end of the next business day upon discovery of the prohibited material. By imposing this prohibition, the violation of which would be a misdemeanor pursuant to other provisions of existing law, this bill would impose a state-mandated local program. (2) Existing law provides that any person who buys or receives, for purposes of salvage, any part of a fire hydrant or fire department connection, as specified, that has been stolen or obtained in any manner constituting theft or extortion, knowing the property to be stolen or so obtained, is subject to a criminal fine of not more than $3,000. This bill would expand this provision by making that fine applicable to any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who, knowing that the item has been stolen or obtained in any manner constituting theft or extortion, possesses a fire hydrant, or any part thereof, a fire department connection, including brass fittings and parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, or any part of that device, or who fails to report the possession of prohibited materials in accordance with the provisions above. The bill also would state legislative findings and declarations regarding the necessity for its provisions. By creating new crimes, 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.
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 law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law prohibits a person from furnishing a dangerous drug except upon the prescription of specified practitioners, except as specified. Existing law authorizes a pharmacist filling a prescription order for a drug product to substitute a generic drug product or a drug product with a different form of medication having the same active chemical ingredients of equivalent strength and duration of therapy as the prescribed drug product, subject to specified requirements. Existing law also authorizes a pharmacist to refill a prescription for a dangerous drug without the prescriber's authorization under specified circumstances. This bill would authorize a pharmacist to dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription if the patient has completed an initial 30-day supply of the drug, except as specified, the pharmacist is exercising his or her professional judgment, the pharmacist dispenses no more than the total amount prescribed, including refills, and the prescriber has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary. The bill would prohibit a pharmacist from dispensing a dangerous drug pursuant to these provisions if the prescriber indicates "No change to quantity" or words of similar meaning, as specified. The bill would require a pharmacist dispensing an increased supply of a dangerous drug pursuant to these provisions to notify the prescriber of the increase in the quantity of dosage units dispensed. The bill would provide that these provisions are not applicable to psychotropic medication or psychotropic drugs, as described.
Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law further requires junk dealers and recyclers to keep and maintain a written record of all sales and purchases made in the course of their business, including the name and address of each person to whom junk is sold or disposed of. This bill would prohibit any junk dealer or recycler from possessing a fire hydrant, fire department connection, manhole cover or lid or any part of that cover or lid, or backflow device or connection to that device without a written certification on the letterhead of the agency or utility that owns or previously owned the material certifying that the entity has sold or is offering the material for sale and that the person possessing and identified in the certificate is authorized to negotiate the sale of the material. The bill would make junk dealers and recyclers civilly liable for actual damages and also for exemplary damages of 3 times the agency's or utility's actual damages, including the value of the material, repair and replacement costs, and labor costs, unless the court determines that extenuating circumstances do not justify awarding exemplary damages. This bill would require a junk dealer or recycler who unknowingly takes possession of one or more of these prohibited materials as part of a load of otherwise nonprohibited materials without the above-described written certification to notify the appropriate law enforcement agency, as defined, by the next business day upon discovery of the prohibited materials. Under the bill, written confirmation of the notice from the law enforcement agency would relieve the junk dealer or recycler of liability to the public agency. The bill would further state the Legislature's intent not to create liability on the part of junk dealers or recyclers to 3rd parties injured or damaged by the theft of the prohibited materials.
Existing law requires that a specified amount of motor vehicle license fees deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund be allocated by the Controller, as specified, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, for allocation to cities, counties, and cities and counties. This bill would instead require, on and after July 1, 2012, that those revenues be distributed first to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount determined pursuant to a specified formula, second to each city that was incorporated before August 5, 2004, in an amount determined pursuant to a specified formula, and third to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, for allocation to cities, counties, and cities and counties. By authorizing within the Motor Vehicle License Fee Account in the Transportation Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. Existing law requires the Legislature to determine and appropriate annually an amount for the use of the Department of Motor Vehicles and the Franchise Tax Board for the enforcement of the Vehicle License Fee Law. This bill would not allow that amount to be appropriated from the Motor Vehicle License Fee Account in the Transportation Tax Fund. This bill would declare that it is to take effect immediately as an urgency statute.