The Davis-Stirling Common Interest Development Act defines and regulates common interest developments that are not a commercial or industrial common interest development. The act requires a common interest development to be managed by an association, requires the association to select one or 3 independent 3rd parties as an inspector or inspectors of elections, and generally requires the association's elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area, to be conducted by the inspector or inspectors of elections in accordance with specified rules and procedures. The act excepts from these election requirements an election of directors if the governing documents of the association provide that one member from each separate interest is a director. This bill would additionally except from those election requirements an election of directors if the election is uncontested, as defined, and would provide a procedure for an election to be declared as uncontested. The bill adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures is provided in a specific manner and would ensure a member who meets specified qualification requirements is not denied the right to vote or the right to be a candidate for director. The bill would authorize a cause of action alleging a violation of these and other specified election requirements to be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.
Sponsored bills
Existing law requires the State Department of Social Services, before issuing a license or special permit to any person to operate or manage a community care facility, including a foster family home, to secure from an appropriate law enforcement agency a criminal record regarding the applicant, as specified. Existing law requires the department to deny an application if the applicant has been convicted of any crime other than a minor traffic violation unless the applicant has been granted an exemption. Existing law prohibits the department from granting criminal records exemptions if a person has been convicted of certain crimes. Existing law also requires the department to implement a resource family approval process, as specified, that includes a criminal records clearance of all adults residing in, or regularly present in, the home. Existing law makes the criminal records exemption criteria applicable to foster care provider applicants applicable to resource family applicants. This bill would authorize the department, or, in the case of a resource family applicant, an early implementation county, to grant a criminal records exemption for a foster care provider applicant or resource family applicant for certain crimes previously ineligible for exemption. The bill would also require, if a foster care provider applicant or resource family applicant has been convicted of an offense that is not specifically eligible or ineligible for exemption, the criminal history to be considered as part of the foster care provider licensing process or resource family approval process. The bill would require the department to consider all reasonably available information when determining whether to grant criminal records exemptions for any community care facility applicant. Existing law requires the county welfare department, prior to temporarily placing a child with a relative or nonrelative extended family member, to consider the results of a criminal records check, as specified. Existing law also requires the county social worker, prior to placing a child in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, to consider the results of a criminal records check, as specified. Existing law prohibits these placements if the person has been convicted of any crime other than a minor traffic violation, unless an exemption has been granted, as specified. This bill would authorize placement, or temporary placement, as applicable, of the child pending approval of a criminal records exemption if all parties agree that the placement is in the best interests of the child. The bill would also require, if the person has been convicted of an offense that is not specifically eligible or ineligible for exemption, the criminal history to be considered in determining if the placement is in the best interest of the child. By imposing a higher level of service on county employees, 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 designates particular days each year as having special significance, and encourages all public schools and educational institutions to observe those days and to conduct suitable commemorative exercises on those days. This bill would express legislative findings and declarations relating to the Asian Lunar New Year. The bill would require the Governor, each year, to designate the date corresponding with the start of the Asian lunar calendar as Asian Lunar New Year's Day, a day having special significance. The bill would also encourage all public schools and educational institutions to conduct exercises observing the Asian Lunar New Year with appropriate activities and programs.
Existing law allows pupils, with the written consent of their parents or guardians, to be excused from school in order to participate in religious exercises or to receive moral and religious instruction, as specified. Under existing law, these absences will not be deemed absences in computing average daily attendance if (1) the governing board of a school district, in its discretion, first adopts a resolution permitting pupils to be absent from school for the exercises or instruction, (2) the governing board adopts regulations governing the attendance of pupils at the exercises or instruction and the reporting thereof, (3) the pupil attends at least the minimum schoolday, and (4) no pupil is excused for more than 4 days per school month. This bill would delete the condition that a pupil be excused for no more than 4 days per school month, and would instead require as conditions that a pupil in kindergarten or in grade 1 to 8, inclusive, attend the exercises or instruction for no more than 2 hours per school week and that a pupil in grade 9 to 12, inclusive, attend the exercises or instruction for no more than the number of hours required to complete one course at that pupil's school.
Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. This bill would enact the Highway Safety and Information Act. The bill would authorize the department, subject to federal approval, to enter into an agreement pursuant to a best value competitive procurement process for a project with an entity to construct, upgrade or reconstruct, and operate a network of changeable message signs within the rights-of-way of the state highway system that would include a demonstration phase of the project as a condition precedent to the full implementation of the agreement, as specified. The bill would require the entity with whom the department has entered into the agreement to contract and receive funds for the placement of advertisements, meeting certain standards established by the department, on the changeable message signs when they are not being used by the department. The bill would require revenues derived from the project to be allocated between the department and the entity with whom the department has entered into the agreement and would require those revenues received by the department to be deposited in the State Highway Account, subject to appropriation by the Legislature. The bill would authorize the department to adopt guidelines and procedures relative to advertising on changeable message signs. The bill would require the department to submit a specified report to the fiscal and policy committees of the Legislature having jurisdiction over transportation matters.
Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. This bill would require each local educational agency, as defined, to develop, in coordination with specified individuals, and have in place, beginning with the 2017–18 school year, a comprehensive policy with specified protocols to protect pupils with food allergies. By imposing additional duties on local educational agencies, 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, 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 requires the Regents of the University of California, the Board of Directors of the Hastings College of the Law, the Trustees of the California State University, and the governing board of each community college district to collect fees from students attending those postsecondary education institutions. This provision is applicable to the Regents of the University of California only if the regents, by resolution, make it applicable. This bill would prohibit the regents, the trustees, and the governing board of each community college district from collecting any fees or tuition of any kind from a student in an undergraduate program who is the surviving dependent, as defined, of any individual killed in the terrorist attack in San Bernardino on December 2, 2015, if the dependent meets the financial need requirements of the Cal Grant A Program and either the dependent was a resident of California on December 2, 2015, or the individual killed in the attack was a resident of California on that date. The bill would require the governing board of each community college district to waive fee requirements for any student in an undergraduate program who is a surviving dependent. The bill would require the California Victim Compensation and Government Claims Board to identify all persons who are eligible for tuition and fee waivers pursuant to the bill, to notify these persons or their parents or guardians of that eligibility, and, if requested by the public segments of postsecondary education in the state, on a case-by-case basis, to confirm the eligibility of persons requesting the waiver of tuition and fees. The bill would apply to the University of California only if the regents, by resolution, make it applicable. To the extent that the bill would impose new duties on community college districts, it would constitute 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. This bill would declare that it is to take effect immediately as an urgency statute.