(1) Existing law, the State Contract Act, requires, among other things, that each state agency ensure that at least 50% of reportable purchases are recycled products. The California Integrated Waste Management Act requires each state agency, as defined, to develop and adopt, in consultation with the Department of Resources Recycling and Recovery, an integrated waste management plan, to provide for the diversion at least 50% of the solid waste generated by the state agency from landfill disposal or transformation and to submit an annual report to the department regarding the implementation of the plan. Existing law requires the Department of Toxic Substances Control to adopt regulations that identify electronic devices that are presumed to be, when discarded, a hazardous waste subject to the hazardous waste control laws. This bill would require the Department of General Services, in collaboration with the Department of Resources Recycling and Recovery and the Department of Toxic Substances Control, to identify the methods that state agencies are required to use to properly handle, recycle, and dispose of electronic waste, and to assist state agencies to comply with applicable federal, state, and local laws and regulations governing the management of hazardous waste. The bill would require a state agency to include in the annual solid waste reduction plan information regarding the management of electronic waste generated by the state agency. The bill would require the Department of General Services to review this information and if that department believes that a state agency is not managing electronic waste consistent with the required methods or in compliance with all applicable federal, state, or local laws or regulations, the Department of General Services would be required to notify the Department of Toxic Substances Control to determine the appropriate enforcement action. Since existing law defines state agency, for purposes of waste management, as including community college districts, the 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, 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.
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The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions.
Existing law requires the Employment Development Department to implement and administer California's unemployment insurance compensation program, and to oversee various job, information and training programs in the state. The federal Workforce Investment Act of 1998 makes funding available to states that offer training and workforce development services through the state and local workforce investment boards. The California Workforce Investment Board, which is the entity responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system, is required to recommend strategies to the Governor for strategic training investments of certain discretionary funding made available under the federal Workforce Investment Act of 1998. This bill would require the department, upon appropriation by the Legislature, to allocate $5,000,000 of the Workforce Investment Act state reserve, as provided for by federal law, to school districts, county offices of education, or charter schools, on a competitive basis, to provide intensive examination preparation courses for the purpose of retraining laid off and out-of-field teachers to meet subject matter competency requirements, in accordance with specified procedures.
(1) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law provides that it is the duty of an attorney to, among other things, never reject, for any consideration personal to himself or herself, the cause of the defenseless or oppressed. Existing law provides that a lawyer may fulfill his or her ethical commitment to provide pro bono services, in part, by providing financial support to organizations providing free legal services to persons of limited means. This bill would prohibit a person or organization that is not a specified type of legal aid organization, as defined, from using the term "legal aid," or any confusingly similar name in any firm name, trade name, fictitious business name, or other designation, or on any advertisement, letterhead, business card, or sign. The bill would subject a person or organization that violates this prohibition to specified civil liability. (2) Existing law provides that, in all general civil cases, as defined, a party who has provided notice may appear by telephone at certain conferences, hearings, and proceedings, except as specified. This bill would require the Judicial Council, on or before July 1, 2010, and periodically as appropriate, to enter into one or more master agreements with a vendor or vendors to provide for telephone appearances in civil cases under the provisions described above, or as otherwise permitted by law. The bill would impose requirements regarding those master agreements, including that the vendor charge a party for an appearance by telephone in an amount set by the Judicial Council, and that the vendor pay to the state $15 for each appearance by telephone and a proportionate share of an amount equal to the total revenue received from vendors by all courts for providing telephone appearances for the 2008–09 fiscal year. The bill would require those funds to be deposited in the Trial Court Trust Fund and used for specified purposes. (3) Existing law requires that, when a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter be sworn to interpret for him or her. This bill would require the Judicial Council, by September 1, 2010, to establish a working group to review, identify, and develop best practices to provide interpreters in civil actions and proceedings, as specified. The bill would require the Judicial Council to select up to 5 courts to participate in a pilot project, to commence on July 1, 2011, to provide interpreters in civil proceedings. The bill would provide that the initial pilot courts shall participate until June 30, 2014, and would require the Judicial Council to consider whether a pilot court shall continue participating in the project and whether to select another court or additional courts. The pilot project would be funded from the revenue derived from the telephonic appearance fee described above. (4) Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and establishing these programs and examinations through the normal budgetary process. This bill would require, in addition, as of January 1, 2011, that the study described above serve as the basis of determining the need for and use of interpreters in civil and criminal court proceedings. The bill would require trial courts to collect and report the use of interpreters in all criminal and civil proceedings in the manner specified by the Judicial Council.
Existing law authorizes use of the federally designated Emergency Alert System to inform the public of local, state, and national emergencies. This bill would require, on or before January 1, 2011, the Department of the California Highway Patrol, in consultation with the Department of Justice, the California Emergency Management Agency, the California State Emergency Communications Committee, the California Broadcasters Association, the California Peace Officers' Association, the California Police Chiefs Association, and the California State Sheriffs' Association, to develop policies and procedures providing instruction to law enforcement agencies, other intermediate emergency agencies, participating radio and television broadcasters, and other media outlets on the implementation of a missing senior person alert. The bill would require the Department of the California Highway Patrol to incorporate appropriate alert measures in developing these policies and procedures. The bill would also require a law enforcement agency, if that agency receives a report of a missing senior person, and if the agency determines that the senior person has an impaired mental condition and that there is information available that, if disseminated locally to the general public, could assist in the safe recovery of the senior person, to immediately implement, absent extenuating investigative needs, the policies and procedures developed by the Department of the California Highway Patrol for the implementation of a missing senior person alert to the maximum extent feasible. The bill would require the law enforcement agency, if the department has not yet developed those policies and procedures, to immediately undertake specified or other appropriate alert measures to locally disseminate the information that could assist in the safe recovery of the missing senior person. By imposing additional duties on local law enforcement agencies, the bill would create a state-mandated local program. The bill would authorize a law enforcement agency, if the agency determines that the senior person may be in a vehicle or has been missing for over 24 hours, to request that the Department of the California Highway Patrol activate the Emergency Alert System within the appropriate local or regional area to disseminate the information that could assist in the safe recovery of the senior person. The bill would also authorize the department to activate the Emergency Alert System if it determines that activation is appropriate based on the available information about the missing senior person. The bill would require the law enforcement agency that initiates the missing senior person alert to inform the general public within the appropriate local or regional area of the termination of the missing senior person alert upon the location of the missing senior person. By imposing an additional duty on local law enforcement agencies, the bill would create a state-mandated local program. The bill would provide that the above provisions become operative upon the state's receipt of federal funding for the purpose of implementing a missing senior person alert system, as certified to by the Department of the Highway Patrol. 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.
Existing law governs contracts between rental car companies and their customers. Existing law authorizes a company that rents passenger vehicles to the public to collect a customer facility charge, which means a fee that is required by an airport to be collected for certain purposes, if specified circumstances apply, including, but not limited to, the collection of the fee is required by an airport operated by a city, a county, a city and county, a joint powers district, or a special district, the fee is calculated on a per contract basis, the fee is a user fee and not a tax, as specified, and the fee is $10 per contract, except as specified. This bill would expand the definition of customer facility charge to include a fee that is required by an airport to be collected for the purpose of financing, designing, constructing, and operating any common-use transportation system, as specified, and for acquiring vehicles for use in that system. This bill would also authorize an alternative fee following a hearing and finding by the airport, as provided, that the customer facility charge will not generate sufficient revenue to finance and operate the consolidated rental car facility and common-use transportation system. The bill would provide for the collection of the alternative fee on a per-day basis, as specified. Existing law provides that a statute that imposes a requirement that a state agency submit a periodic report to the Legislature is inoperative on a date 4 years after the date the first report is due. The bill would, notwithstanding that requirement, also require any airport seeking to collect an alternative customer facility charge to provide reports on an annual basis to the Senate and Assembly Committees on Judiciary detailing the total amount of the customer facility charge collected, how the funds are being spent, the amount of and reason for any changes in the airport's budget or financial needs, and whether certain airport concession fees have increased since the prior report, if any. The bill would also require the airport to complete a specified independent audit prior to the initial collection of the customer facility charge, prior to any increase, as specified, and every 3 years after initial collection and any increase, as provided. The bill would require the Controller to review those audits and independently examine and substantiate the necessity for and the amount of the customer facility charge. The bill would require the individual airports being audited to reimburse the Controller's costs. The bill would also require the Controller to report to the Legislature on his or her conclusions, as provided. This bill would incorporate additional changes to Section 1936 of the Civil Code, as proposed by AB 2059, to be operative only if AB 2059 and this bill are both enacted, each bill amends Section 1936 of the Civil Code, and this bill is enacted after AB 2059.
(1) Existing law prohibits a local authority from enacting or enforcing an ordinance on matters covered by the Vehicle Code unless expressly authorized by the Vehicle Code. This bill would prohibit a local authority from enacting or enforcing an ordinance or resolution on matters covered by the Vehicle Code, and would expressly include an ordinance or resolution that establishes regulations or procedures for, or assesses a fine, penalty, assessment, or fee for a violation of, matters covered by this code unless expressly authorized by this code, except as specified. This bill would provide that its provisions become operative on July 1, 2011. (2) This bill would incorporate additional changes in Section 21100 of the Vehicle Code proposed by AB 2294, or AB 2756, or both, to be operative only if AB 2294, or AB 2756, or both, and this bill are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.
Existing law, the Every Woman Counts program, requires the State Department of Public Health to provide breast cancer and cervical cancer screening services to eligible low-income individuals under a federal grant made under the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program. Funding for these services is provided by a combination of federal and state moneys. Existing law requires these services to be provided at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. The bill would require the department, 90 days prior to making policy changes, to send written notice outlining the proposed changes to contractors providing services pursuant to this program and to notify the Legislature, in writing, if the changes would restrict access or reduce services offered. Existing law establishes the Breast Cancer Fund, which funds various programs through the Breast Cancer Control Program for the detection, treatment, and cure of breast and cervical cancer, as specified. Entities funded by the Breast Cancer Control Program are required to submit a specified report annually to the Legislature. This bill would require that the report be submitted on or before February 1 of each year and would add specified information to that report.
Existing law establishes the Department of Veterans Affairs within state government and sets forth its powers and duties, including, but not limited to, administration of veterans benefits programs. This bill would require the department to make available to family members of veterans returning from active duty user-friendly Internet resources that provide information on the signs of pertinent ailments from various conflicts, as specified, and printed material regarding those ailments at any public function of the department, and to update its Internet Web site to prominently display a link to the Network of Care for Veterans and Service Members site.
Existing law establishes a program until January 1, 2013, known as "Address Confidentiality for Victims of Domestic Violence and Stalking." That program authorizes specified persons to complete an application containing specified information in person at a community-based victims' assistance program to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address. The program also makes the participant's voter registration confidential, and requires the Secretary of State to act as that person's agent for service of process and to designate a substitute mailing address for program participants, as specified. Under existing law, any person who makes a false statement in an application for this program is guilty of a misdemeanor. Under the program any person who is granted confidentiality pursuant to these provisions may file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter. Existing law provides that any records or documents pertaining to a program participant shall be retained and held confidential for a period of 3 years after termination of certification of participation in the program and then destroyed, as specified. This bill would extend the provisions of the program indefinitely. By extending indefinitely provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law establishes a program similar to the above-described program, the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program until January 1, 2013, for reproductive health care services providers, employees, volunteers, and patients. The program similarly provides that any person who makes a false statement in an application is guilty of a misdemeanor and any person who is granted confidentiality pursuant to these provisions may file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter. This bill would extend indefinitely the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program. By extending indefinitely provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law requires the Secretary of State to retain and keep confidential records and documents pertaining to a participant in this address confidentiality program for a period of 3 years after termination of certification of the participant, and then to destroy the records and documents. This bill would provide an exception to those provisions for change of name records, which would be retained permanently. Existing law, until January 1, 2013, provides that any person filing with the county elections official a new affidavit of registration or reregistration who is a participant in certain address confidentiality programs may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential, as specified. This bill would extend indefinitely the voter registration confidentiality provisions. 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.