Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the school district superintendent or the school principal determines that the pupil has committed any of various specified acts. Existing law requires the school district superintendent or the school principal to immediately suspend and recommend the expulsion of a pupil who is determined to have, at school or at a school activity off school grounds, possessed, sold, or otherwise furnished a firearm, brandished a knife at another person, unlawfully sold a controlled substance, committed or attempted to commit a sexual assault or battery, as defined, or possessed an explosive. Existing law states that a school should consider implementing a supervised suspension program or an alternative to the school's off-campus suspension program that involves a progressive discipline approach using specified activities if the number of pupils suspended from school during the prior school year exceeded 30% of the school's enrollment. This bill would instead encourage a school district, commencing with the 2014–15 school year, to implement, for a minimum of 3 years, at a school where the number of pupils receiving off-campus suspensions in the prior school year exceeded 25% of its total enrollment, or exceeded 25% of a numerically significant pupil subgroup of that enrollment, as defined, either (A) an evidence-based system of schoolwide positive behavioral interventions and supports that employs school-level information about the behavioral and academic history of pupils to define and implement systems of support and interventions at the school, classroom, and individual levels that is aimed at improving the social, emotional, and academic success for all pupils, or (B) other schoolwide strategies that are evidence based and designed to address school climate in order to create learning environments where teachers can teach and pupils can learn and to reduce suspensions from classrooms and the school. The bill would require the Superintendent of Public Instruction to invite a school that meets or exceeds this threshold percentage of suspensions to attend a regional forum organized by the Superintendent to provide assistance and training regarding the strategies described above, among other things. Commencing with the 2015–16 school year, the bill would decrease the percentage of enrollment or numerically significant pupil subgroup of enrollment that triggers an invitation to attend a regional forum each school year until that percentage is 15% for the 2018–19 school year, in accordance with a prescribed schedule. The bill would require the Superintendent annually from the 2014–15 to the 2018–19 school year, inclusive, to notify each local educational agency that contains at least one school that exceeds the specified thresholds and provide technical assistance as requested; to invite the schools that meet or exceed the specified thresholds applicable to suspensions to send a school leadership team to a regional forum, with a goal of serving no fewer than 100 schools per school year; prioritize invitations to schools with the highest rates of off-campus suspensions; and to provide the State Board of Education with the names of the schools invited to attend a regional forum and the annual rate of reduction or increase in each school's off-campus suspensions. These requirements would be contingent upon the availability of funds, as specified. The bill would authorize the State Department of Education to provide school districts with information regarding schoolwide evidence-based strategies that could be implemented.
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Existing law specifies conditions when a written notice of termination of a residential tenancy is required, and specifies when a landlord must provide a written notice to inspect residential property upon termination of a tenancy. This bill would also require that when these notices are given by the owner, lessor, or landlord, as applicable, that the notice contain an additional specified notice regarding a former tenant's ability to reclaim personal property left by the tenant vacating the real property. Existing law provides that where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant or any other person the landlord reasonably believes is the owner of the property, as specified. Existing law provides a sample notice that complies with this requirement, and which provides, in part, that the statement "Because this property is believed to be worth less than $300, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above" or an alternative statement be used in the notice. This bill would modify one of the statements in the notice to read, "Because this property is believed to be worth less than $700, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above." The bill would also require the notice to provide that if the property is claimed within 2 days of the date the former tenant vacated the premises, that storage costs may be minimized. Existing law provides that if the property is not released to the former tenant, as specified, it shall be sold at public sale by competitive bidding. Existing law also provides that if the landlord reasonably believes that the total resale value of the property not released is less than $300, the landlord may retain the property for his or her own use or dispose of it in any manner. This bill instead would provide that the landlord may retain the property for his or her own use or dispose of it in any manner if the landlord reasonably believes that the total resale value of the property not released is less than $700. Existing law requires that where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. Existing law specifies the methods for delivery of the notice. This bill would additionally authorize the landlord to also send the notice by email if the former tenant provided the landlord with the tenant's email address. This bill would incorporate additional changes in Section 1946.1 of the Civil Code proposed by AB 2303, that would become operative only if AB 2303 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Section 1950.5 of the Civil Code proposed in AB 1679, that would become operative only if AB 1679 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Existing law prohibits domestic insurers from acquiring foreign investments from or located in foreign jurisdictions designated as state sponsors of terrorism by the United States Secretary of State. Existing law, the Iran Contracting Act of 2010, provides that a person whose name appears on a list developed or contracted for development by the Department of General Services as a person determined by the department to be engaged in investment activities in Iran is ineligible to bid on, submit a proposal for, enter into, or renew a contract with a public entity. This bill would require that above-referenced investments by a domestic insurer in companies that are included on the list maintained by the Department of General Services be treated as nonadmitted assets on the financial statements of the domestic insurer. The bill would deem use of the list developed for purposes of the Iran Contracting Act of 2010 as automatic compliance with these requirements. The bill would require the insurer to provide the Department of Insurance, on an annual basis, with a list of the investments the insurer has in companies included on the Department of General Services list.
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 refers to mental retardation or a mentally retarded person in provisions relating to, among other things, educational and social services, commitment to state facilities, and criminal punishment. This bill would revise these provisions to refer instead to intellectual disability or a person with an intellectual disability. This bill would provide that it is the intent of the Legislature that the bill not be construed to change the coverage, eligibility, rights, responsibilities, or substantive definitions referred to in the amended provisions of the bill. This bill would make related and technical changes.
Existing law requires each admitted insurer to provide information to the Insurance Commissioner on all of its community development investments and community development infrastructure investments in California. This bill would require that each admitted insurer with premiums written equal to or in excess of $100,000,000 submit to the commissioner, by July 1, 2013, a report on its minority, women, and disabled veteran-owned business procurement efforts, as specified. The bill would provide that the failure to file the report by July 1, 2013, subjects the admitted insurer to civil penalties to be fixed and enforced by the commissioner, as provided. The bill would require, among other things, that commencing July 1, 2015, each eligible admitted insurer biennially update its supplier diversity report and submit a new report, containing additional elements, to the commissioner no later than July 1. The bill would require that, by July 31, 2013, the commissioner establish and maintain a link on the department's Internet Web site that provides public access to the contents of each admitted insurer's report on minority, women, and disabled veteran-owned business procurement efforts. The bill would provide that these provisions shall remain in effect only until January 1, 2019.
Existing law requires each school district and county office of education to accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. If a pupil completes the graduation requirements of his or her school district of residence while being detained in a juvenile facility, as specified, the school district of residence is required to issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools is authorized to issue the diploma. This bill would prohibit a public school from denying enrollment or readmission to a pupil solely on the basis that he or she has had contact with the juvenile justice system, as specified.
The Personal Income Tax Law conforms to federal law by allowing the postponement of certain tax-related deadlines for those taxpayers affected by federally declared disasters or terroristic or military action. This bill would extend the provisions relating to postponement to those taxpayers determined by the Franchise Tax Board to be affected by a state of emergency declared by the Governor of California. Existing law provides for an abatement of interest accrued against the income tax liability of an individual during a filing extension period authorized for individuals determined to be affected by a presidentially declared disaster, if that individual is located in an area affected by a presidentially declared disaster or in a county or city that is proclaimed by the Governor to be in a state of disaster. This bill would additionally authorize the Franchise Tax Board, after a written request by a taxpayer, to abate specified interest accrued against the income tax liability of individuals, under specified circumstances related to a presidentially declared disaster or in a county or city that is proclaimed by the Governor to be in a state of emergency, as provided.
Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers, real estate salespersons, and mortgage loan originators by the Department of Real Estate and makes a willful violation of that law a misdemeanor. Existing law authorizes the department to deny, suspend, or revoke a license or license endorsement on various grounds using specified procedures generally applicable to state agencies. Under existing law, a hearing to determine whether to issue a license must be initiated by filing a statement of issues. Existing law provides additional procedures with respect to certain licensing boards, including, among other things, the authority to notify an applicant that the application is denied in lieu of filing a statement of issues, as specified. This bill would require the Department of Real Estate to use those additional procedures when denying a license or a license endorsement. Existing law authorizes the Real Estate Commissioner to require any proof he or she may deem advisable concerning the honesty and truthfulness of an applicant for a real estate license or license examination, or of the officers, directors, or persons owning more than 10% of the stock of a corporate applicant, before authorizing the issuance of a real estate license. Existing law authorizes a person whose license has been revoked or suspended to petition the agency for reinstatement of the license or reduction of a penalty, as specified. This bill would authorize the commissioner to require any proof concerning the honesty and truthfulness of the officers, directors, or persons owning 10% or more of the stock of a corporate applicant. The bill would also require the commissioner to require a person submitting a petition for reinstatement of a license or reduction of a penalty to submit his or her fingerprints with the petition. Existing law authorizes the commissioner to suspend or bar a person from a position of employment, management, or control (1) where that action is in the public interest and the person has committed or caused a violation of the Real Estate Law or a rule or order adopted thereunder or (2) where the person has been convicted of a crime or held liable in a civil action where the judgment involves an offense involving dishonesty, fraud, or deceit or any other offense reasonably related to the qualifications, functions, or duties of a person engaged in the real estate business. This bill would also authorize the commissioner to bar that person from participation in examinations for licensure and would specify that a person who is suspended or barred from a position of employment, management, or control is also barred from participation in examinations for licensure. The bill would prohibit a person from cheating on, subverting, or attempting to subvert a licensing examination and would authorize the commissioner to bar a person who willfully engages in that conduct from taking a licensing examination and from holding an active real estate license for a period of up to 3 years. Because a willful violation of the prohibition on cheating or subverting a licensing examination would be a crime, the bill would impose a state-mandated local program. Existing law requires a person to obtain a real estate license endorsement from the commissioner in order to engage in the business of a mortgage loan originator, as defined. Existing law requires an applicant for that license endorsement to pass a specified written test and authorizes a person who fails the test to retake the test up to 3 consecutive times, but requires an applicant to wait at least 6 months before retesting if the applicant fails 3 consecutive retests. This bill would eliminate the 3-test limit and would require an applicant to wait at least 6 months before retesting if the applicant fails 3 consecutive tests. The bill would exempt certain military licensees from being required to renew their license endorsement until the license period that commences after they engage in business or after one year following the termination of their military service, whichever occurs first. This bill would also delete certain obsolete language and would make other related changes. 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.
This measure would recognize the 45th anniversary of Kwanzaa and proclaim December 26 through January 1 each year as Kwanzaa Week.