Existing law regulates the voting procedures for special absentee voters, defined as members of the Armed Forces, citizens of the United States temporarily living outside of the territorial limits of the United States or District of Columbia, persons serving on a merchant vessel, and a spouse or dependent of a member of the Armed Forces. Existing law also regulates the voting procedures in federal elections with respect to a citizen of the United States residing outside of the territorial limits of the United States who was domiciled in California immediately prior to leaving the territorial limits of the United States. This bill would revise and recast those provisions, replacing the term "special absentee voter" with the term "military or overseas voter." Under the bill, the term "military or overseas voter" would apply to electors absent from the county in which he or she is otherwise eligible to vote. The term would include a citizen of the United States living outside of the territorial limits of the United States, whether temporarily or permanently, if the citizen was a resident of this state when he or she was last living within the territorial limits of the United States. The bill would also specify that a citizen of the United States born outside of the territorial limits of the United States whose parent or legal guardian was a resident of California when last living within the territorial limits of the United States, provided that the voter has never been registered to vote in another state, is an elector and therefore a resident for purposes of the constitution and other provisions of the Elections Code. This bill would apply the voting procedures for citizens of the United States living outside of the territorial limits of the United States in federal elections to military or overseas voters in all elections, including state and local elections. This bill would also state that it is the intent of the Legislature in enacting this bill to implement the policies of the Uniform Military and Overseas Voters Act, as adopted by the National Conference of Commissioners on Uniform State Laws. This bill would provide new procedures for military or overseas voters to register to vote, to apply for voting ballots, and to vote. Specifically, this bill would, among other things, require unvoted voting materials to be electronically transmitted to a military or overseas voter, and would expand the use of the federal post card application and federal write-in absentee ballot in the state. Because this bill would impose additional duties on local elections officials, it 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, 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 establishes the Public Employees' Retirement System and the State Teachers' Retirement System. These systems provide defined pension benefits to public employees based on age, service credit, and final compensation. The California Constitution confers upon the retirement boards of public retirement systems plenary authority and fiduciary responsibility for the investment of moneys of those systems. This bill would authorize these public retirement system boards, consistent with their fiduciary duties and the standard for prudent investment, to prioritize investment in an in-state infrastructure project over a comparable out-of-state infrastructure project.
Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If the evaluators agree, then a petition for civil commitment may be filed. Existing law specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right by the attorney petitioning for commitment to demand a jury trial and request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, existing law authorizes this attorney to request the State Department of State Hospitals to perform replacement evaluations. Existing law defines when an evaluator is no longer available to testify for this purpose. This bill would include, with a specified exception, an independent professional or state employee who has served as the evaluator who has resigned or retired and has not entered into a new contract to continue as an evaluator in the case within the definition of an evaluator who is no longer available to testify. This bill would declare that it is to take effect immediately as an urgency statute.
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 American Portuguese Club Incorporated, in consultation with the department and a specifically created committee, to construct and maintain a memorial in the existing All Veterans Memorial to honor California American Portuguese veterans. It would require that the planning, construction, and maintenance of the memorial be funded with private donations through the American Portuguese Club Incorporated. It would prohibit construction of the memorial until the master plan of the State Capitol Park is approved and adopted by the Joint Committee on Rules and the Joint Committee on Rules, and the Department of Finance have determined that sufficient private funding is available to construct and maintain the memorial. This bill would declare that it is to take effect immediately as an urgency statute.
Existing federal law provides for tax-qualified retirement plans and individual retirement accounts or individual retirement annuities by which private citizens may save money for retirement. This bill would enact the California Secure Choice Retirement Savings Trust Act, which would create the California Secure Choice Retirement Savings Trust to be administered by the California Secure Choice Retirement Savings Investment Board, which would also be established by the bill. The bill would require eligible employers, as defined, to offer a payroll deposit retirement savings arrangement so that eligible employees, as defined, could contribute a portion of their salary or wages to a retirement savings program account in the California Secure Choice Retirement Savings Program, as specified. The bill would require eligible employees to participate in the program, unless the employee opts out of the program, as specified. The bill would specify risk management and investment policies that the board would be subject to regarding administration of the program. The bill would require a specified percentage of the annual salary or wages of an eligible employee participating in the program to be deposited in the California Secure Choice Retirement Savings Trust, which would be segregated into a program fund and an administrative fund, both of which would be continuously appropriated to the board for purposes of the act. The bill would limit expenditures from the administrative fund, as specified. The bill would also authorize the board to establish a Gain and Loss Reserve Account within the program fund. The bill would, contingent upon sufficient interest and funding by vendors, as specified, require the board to establish a Retirement Investments Clearinghouse on its Internet Web site and a vendor registration process through which information about employer-sponsored retirement plans, and payroll deduction individual retirement accounts and annuities offered by private sector providers is made available for consideration by eligible employers. The bill would require the opt-out form disseminated by the Employment Development Department to be used to create an option for employees to elect to opt out of the program, as specified. The bill would, commencing 6 months after the program is ready to proceed, require the Employment Development Department to assess a penalty on any eligible employer that fails to make the program available to eligible employees, as specified. The bill also would make a statement of legislative findings. The bill would provide that the state would have no liability for the payment of the benefits under the program, as specified. The bill, upon sufficient funds being made available through a nonprofit or private entity or federal funding, would require the board to conduct a market analysis to determine whether the necessary conditions for implementation can be met, as specified. The bill would require moneys made available to conduct the market analysis to be deposited in the Secure Choice Retirement Savings Program Fund which would be created in the State Treasury. The bill would provide that the operational provisions of the California Secure Choice Retirement Savings Trust Act shall be operative only if the board determines that, based on the market analysis, the provisions will be self-sustaining, and sufficient funds are made available through a nonprofit or private entity, federal funding, or the annual Budget Act, as specified, to allow the board to implement the program until the trust has sufficient funds to be self-sustaining. The bill would require the board to ensure that an insurance, annuity, or other funding mechanism is in place at all times that protects the value of individuals' accounts and protects, indemnifies, and holds the state harmless at all times against any and all liability in connection with funding retirement benefits pursuant to these provisions. The bill would prohibit the board from implementing the program if the IRA arrangements offered fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Internal Revenue Code, or if it is determined that the program is an employee benefit plan under the federal Employee Retirement Income Security Act of 1974. Existing law establishes the Board of Administration of the Public Employees' Retirement System and vests the board with various powers and duties. This bill would authorize that board to administer funds in the California Secure Choice Retirement Savings Trust, as specified.
Existing law requires the Regents of the University of California, except as provided, to let all contracts involving an expenditure of more than $100,000 annually for goods and materials or services to the lowest responsible bidder meeting certain specifications, or to reject all bids. Existing law requires the governing board of any community college district to let specified contracts involving an expenditure of more than $50,000 to the lowest responsible bidder meeting certain specifications, or else to reject all bids. This bill would provide that, before January 1, 2018, the bid evaluation and selection for these contracts may be determined by the best value for the University of California or community college district, as specified.
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Digital Open Source Library, under the administration of the California State University, in coordination with the California Community Colleges, for the purpose of housing open source materials while providing an Internet Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The bill would provide that the California State University would also act in coordination with the University of California in administering the California Digital Open Source Library if the regents act, by appropriate resolution, to authorize the university to participate in the administration of the library. The bill would require that the materials in the library bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts. The bill would provide that the provisions added to the Donahoe Higher Education Act by the bill would become operative only if funding for the purposes of this bill is provided in an appropriation in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds. The bill would become operative only if SB 1052 becomes operative on or before January 1, 2013, and establishes the California Open Education Resources Council.
Existing law establishes the State Coastal Conservancy, which serves as a repository for coastal lands. Existing law authorizes the conservancy to, among other things, undertake projects and award grants for the purposes of restoration of areas of the coastal zone that are adversely affecting the coastal environment or are impeding orderly development. This bill would authorize the conservancy to address the impacts and potential impacts of climate change on resources within its jurisdiction, giving priority to projects that maximize public benefits.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority and requires the authority to provide financial assistance in the form of a sales and use tax exclusion for applicants to promote the creation of California-based manufacturing, California-based jobs, the reduction of greenhouse gases, or reductions in air and water pollution or energy consumption. This bill would require the authority to establish the Clean Energy Economy and Jobs Incentive Program to provide financial assistance in the form of specified financing mechanisms to eligible California-based entities for the manufacturing of an eligible clean energy technology project, as specified. The bill would establish the Clean Energy Economy and Jobs Incentive Program Fund in the State Treasury and would, upon appropriation by the Legislature, authorize the authority to expend moneys in the fund to implement the program. The bill would repeal the program on January 1, 2018.
(1) The Energy Conservation Assistance Act of 1979 requires the State Energy Resources Conservation and Development Commission, until January 1, 2013, to administer the State Energy Conservation Assistance Account, a continuously appropriated account, to provide grants and loans to local governments and public institutions to maximize energy use savings. The act defines "energy conservation measures" to include measures primarily intended to reduce energy consumption or allow the use of a more desirable energy source. The act defines "unit of local government" to be a unit of general purpose government below the state or a special district. The act requires entities receiving a loan to repay the loan plus interest in not more than 30 equal semiannual payments with the first semiannual payment made on or before December 22 of the fiscal year following the year in which the project is completed. The act authorizes the commission to borrow moneys from specified entities from proceeds of revenue bonds issued by those entities. The act requires unencumbered funds in the account, on January 1, 2013, to revert back to the General Fund. This bill would extend the act to January 1, 2018. The bill would additionally include measures primarily intended to reduce peak electricity demand as "energy conservation measures" and any combination of units of local government below the state and special districts formed for the joint exercise of power as "units of local government" for the purposes of the act. In regard to the timing of loan repayment under the act, the bill would provide that the loan repayments be made in accordance with a schedule established by the commission. The bill would require the commission to take steps to solicit loan applications to encourage an equitable distribution of loans statewide, to award loans in specified regions, and to place an emphasis on offering these loans in disadvantaged communities. The bill would require any unexpended funds from the proceeds of revenue bonds sold for the purposes of the act remaining in the account on January 1, 2018, to remain in the account until all bond obligations have been satisfied and thereafter revert the remaining unexpended funds to the General Fund. The bill would require unexpended funds from the federal American Recovery and Reinvestment Act of 2009 remaining in the account on January 1, 2018, to revert to the Federal Trust Fund. Because this bill would extend the operation of a continuously appropriated account and would expand the purposes of, and entities qualified for, assistance from the account, this bill would make an appropriation. (2) Existing law establishes, until January 1, 2016, the Local Jurisdiction Energy Assistance Account to provide funds administrated by the commission for loans to local jurisdictions to reduce energy costs. Existing law requires the commission to periodically set interest rates on the loans based on surveys of existing financial markets and at rates not less than 3% per annum. Existing law requires that unencumbered funds in the account on January 1, 2016, be deposited in the Federal Trust Fund. This bill would require the act to set the interest rates on the loans at not less than 1% per annum. The bill would require the commission to take steps to solicit loan applications to encourage an equitable distribution of loans statewide, to award loans in specified regions, and to place an emphasis on offering these loans in disadvantaged communities. The bill, would require unencumbered funds in the account on January 1, 2016, to be deposited in the Petroleum Violation Escrow Account.