Existing law establishes the practices and procedures for the issuance of an original or a renewal of a driver's license. The federal Military Selective Service Act (federal act) requires specified persons to register with the federal Selective Service System. This bill would require the Department of Motor Vehicles to revise the application for an original or a renewal of a driver's license to include a specified statement that would allow a person who is required to register pursuant to the federal act to consent to registration with the federal Selective Service System. The bill would require the department to forward to the federal Selective Service System, in an electronic format, the necessary personal information for the registration of that person in compliance with the federal act for a person who consents to registration. The bill would prohibit the department from forwarding to the federal Selective Service System for the purpose of registering a person, the personal information of that person who did not consent to registration.
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Existing law requires a school district that provides instruction to pupils in grades 7 to 12, inclusive, to provide an adopted course of study to those pupils, as specified. Existing law requires the State Board of Education to adopt content standards in certain curriculum areas. This bill would authorize a school district to provide teen dating violence prevention education consisting of age-appropriate instruction, as developed by the state board pursuant to the bill, as part of the sexual health and health education program it provides to pupils in grades 7 to 12, inclusive. The bill would authorize a school district to use school district personnel or outside consultants who are trained in the appropriate courses to provide this additional instruction. The bill would specify the required content and criteria for this additional instruction and any associated materials if a school district elects to provide it. The bill would provide that a parent or guardian of a pupil has the right to excuse his or her child from all or part of the teen dating violence prevention education and any assessments related to it, and would prescribe the procedure for a parent or guardian to exercise that right. The bill would require the state board to incorporate teen dating violence and sexual violence curriculum into the health curriculum framework at its next revision, as specified.
Existing law establishes various powers and duties for the Secretary of Veterans Affairs, including, among others, an authorization for the secretary to employ certain employees as may be necessary to carry out his or her powers and duties. This bill would instead require the secretary to employ certain employees as may be necessary to carry out his powers and duties. This bill would also update an obsolete reference to the Director of Veterans Affairs, by instead referring to the Secretary of Veterans Affairs.
Existing law, with some exceptions, subjects any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun, as defined, to imprisonment in a county jail for not more than one year. Existing law, subject to exceptions, requires handguns imported into the state for sale, kept for sale, or offered or exposed for sale, to be tested, as specified, to determine if they are unsafe. This bill would exempt from those provisions handguns for which production ceased prior to January 1, 2000, and for which production has not resumed, and handguns that are commemorative or custom-made, and for which production was or is limited to 1,000 or fewer firearms.
Existing law makes the vote by mail ballot available to any registered voter. Existing law requires that those vote by mail ballots be received by the elections officials from whom they were obtained or by the precinct boards before the polls close on election day in order to be counted. Existing law authorizes certain local, special, or consolidated elections to be conducted wholly by mail, so long as specified conditions are satisfied. Existing law requires ballots cast in these vote by mail elections to be returned to the elections official from whom they were obtained no later than 8 p.m. on election day. This bill would, notwithstanding the above provisions, provide that any vote by mail ballot is timely cast if it is postmarked on or before election day and received by the voter's elections official no later than 6 days after election day. Because the bill would expand the duties of 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.
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. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, either by a 23 vote of the membership of each house, or by majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. Existing law requires the Secretary of the Department of Corrections and Rehabilitation (CDCR) to refer a person who is in custody under that department's jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of Mental Health when he or she determines that the person may be a sexually violent predator. Existing law requires that this referral be made at least 6 months before the prisoner's release date from prison. This bill would require the Secretary of the Department of Corrections and Rehabilitation instead to refer to the State Department of Mental Health (DMH) for assessment any person in the custody of the CDCR, including the Division of Juvenile Facilities and persons on parole or for whom a warrant of arrest is outstanding, who has committed a sexually violent offense, as defined. The bill would also require the Director of Mental Health to identify and evaluate individuals who are in custody under the jurisdiction of the DMH and who have convictions for sexually violent offenses at least 6 months prior to their release. By increasing the responsibilities of local officials, this bill would impose a state-mandated local program. Existing law establishes a screening process for the CDCR and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the DMH for a full evaluation. This bill would, instead, require the agency with jurisdiction over the confined person to determine whether that person has committed a sexually violent offense and to give notice to the designated county attorney, as provided. The bill would require the DMH to request the designated county attorney determine whether any of the sexually violent offenses are predatory, as defined, and, if the offenses are determined to be predatory, to complete a full evaluation, as specified. The bill would also set forth additional processes for information exchange between the designated county attorney and the DMH and its evaluators. By giving county attorneys additional duties, this bill would impose a state-mandated local program. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 independent professionals. If the evaluators agree, then a petition for civil commitment may be filed. If the evaluators do not agree, but one evaluator thinks that the person is eligible for commitment, then 2 new evaluations are arranged and a petition may not be filed unless both evaluators agree that the person meets the criteria. This bill would require, instead, that the reports of the 2 independent professionals be forwarded to the designated county attorney and would remove the requirement of evaluator agreement for the filing of the petition. The bill would require the designated county attorney to review the evaluations and, if he or she determines that the evaluation was based on omitted material information, to request that the DMH provide the evaluators with the information needed to determine if the conclusion of the report would be changed. The bill would require the DMH to comply with this request within a specified time period. Existing law provides for a procedure for petition for conditional release from civil commitment for a person who has been determined to be a sexually violent predator, including a court hearing. This bill would add requirements to this hearing process, including the right to be present, the right to a jury trial, the right of victims to testify, a requirement that the court or jury review all prior findings and orders in the case as part of the evidence, and a burden of proof on the state to prove beyond a reasonable doubt that the committed person's diagnosed mental disorder remains such that he or she is a danger to the health and safety of others and is likely to engage in sexually violent criminal behavior if discharged. 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, the California Early Intervention Services Act, is administered jointly by the Secretary of the Health and Human Services Agency and the Superintendent of Public Instruction, with the State Department of Developmental Services as the lead agency responsible for administration and coordination of the statewide system of services for the enhancement of the development of children who have disabilities or who are at risk of having disabilities and to minimize the potential for delays in their development. Under existing law, these provisions are in effect only until the state terminates its participation in prescribed components of the federal Individuals with Disabilities Education Act. This bill would require the secretary and the superintendent to develop either an integrated assessment instrument or a process to consolidate assessments to be used to coordinate multiple agency assessments, and to report to the Legislature by January 1, 2013.
Existing law establishes an application process, including a determination of good cause and completion of a training course, for persons seeking a license to carry a concealed firearm. Existing law authorizes the licensing authority of any city, city and county, or county to charge a fee in addition to the application fee in an amount equal to the actual costs for processing the application for a new license, excluding fingerprint and training costs, but in no case to exceed $100. Existing law provides that no requirement, charge, assessment, fee, or condition that requires the payment of any additional funds by the applicant, other than those costs already specified in those provisions, may be imposed by any licensing authority as a condition of the application for a license. This bill would provide that the applicant would not be required to pay for any training courses prior to a determination of good cause being made, as specified. The bill would clarify that the application fee for a new license includes the costs of required notices. The bill would also provide that no applicant would be required to obtain liability insurance as a condition of the license. The bill would require the licensing authority to provide written notification of the determination of good cause to the applicant, as specified. Existing law requires the licensing authority to give written notice to the applicant indicating if the license is approved or denied within 90 days of the initial application for a new license or a license renewal, or 30 days after receipt of the applicant's criminal background check from the Department of Justice, whichever is later. This bill would also require that the notice provide which requirement was not satisfied if the license is denied. By imposing additional burdens on local government entities, this 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.
The Real Estate Law, the willful violation of which is a crime, provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner in the Department of Real Estate. Existing law also requires a real estate broker to procure an additional license for each branch office maintained by the broker. Existing law authorizes the commissioner to suspend or revoke a licensee's license for violations of specified requirements. This bill would authorize an employing broker or corporate designated broker officer appointed by an employing broker to appoint a manager of a branch office or division of the employing broker's real estate business and delegate to that manager responsibility to oversee and supervise operations and activities, as specified. The bill would also require that the appointment be made by means of a written contract and that the employing broker or corporate designated broker officer send a notice to the department identifying the appointed manager and branch office or division, as specified. The bill would also require the employing broker or corporate designated broker officer to notify the commissioner, immediately and in writing, whenever a branch manager is terminated or changed. The bill also specifies that an appointee shall not hold a restricted license, be subject to debarment, or have less than 2 years of full-time real estate experience within 5 years preceding the appointment. The bill provisions described above would become operative on July 1, 2012. The bill would authorize the commissioner to suspend or revoke the license of an appointed licensee for failure to properly oversee and supervise operations, as specified. By adding provisions to the Real Estate Law, the willful violation of which would be a new crime, this bill would create 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 prohibits a voter from placing any mark upon a ballot that will make the ballot identifiable. Under existing law, a ballot that is not marked as provided by law or that is marked or signed by the voter so that the ballot can be identified by others is required to be rejected. If a ballot is marked in a manner so as to identify the voter, the ballot is required to be marked "Void" and placed in a container for void ballots. This bill would instead prohibit a voter from placing personal information, as defined, upon a ballot that identifies the voter. The bill would provide that a ballot that contains personal information is not invalid. The bill would delete the requirement that a ballot marked in a manner so as to identify the voter is void and instead require a ballot that contains personal information to be segregated in a specified manner and would require that a duplicate ballot be prepared. By adding to the duties of local elections officials, 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.