(1) The Bushy Lake Preservation Act declares that the County of Sacramento and the City of Sacramento have developed the American River Parkway, a 23-mile open-space greenbelt in the lower American River flood plain. This bill would declare instead that the County of Sacramento and the City of Sacramento have adopted by resolutions, and the City of Rancho Cordova has endorsed by resolution, the American River Parkway Plan, a 29-mile open-space greenbelt in the American River flood plain. (2) The Bushy Lake Preservation Act requires the California Exposition and State Fair Board of Directors to preserve, for public day use and enjoyment, the California Exposition flood plain in a manner consistent with the definition of a state park. The act requires the California Exposition and State Fair Board of Directors to preserve the Bushy Lake area consistent with the features of a natural preserve. This bill also would require the California Exposition and State Fair Board of Directors to preserve the California Exposition flood plain in accordance with the American River Parkway Plan as an element of the Sacramento County General Plan. The bill additionally would require the California Exposition and State Fair Board of Directors to manage, or provide, pursuant to an agreement with the American River Parkway Manager, for the management of, the Bushy Lake area in accordance with land use designations and policies of the American River Parkway Plan. (3) The Bushy Lake Preservation Act authorizes the California Exposition and State Fair Board of Directors to permit parking only during the State Fair and only on specified land. This bill would further specify that the land is on approximately 11 unsurfaced acres, and would authorize parking on that land for specified additional purposes so long as the total number of parking days does not exceed 34 days per year. The bill would require one acre of the specified land to be open to parkway users for public access if certain conditions are met. (4) The Urban American River Parkway Preservation Act defines the American River Parkway Plan as the revised, updated management plans for the lower American River adopted by resolutions of the City of Sacramento and the County of Sacramento. The act declares that the American River Parkway and its environs contribute to the quality of life within the City of Sacramento. This bill would revise the definition of the American River Parkway Plan to include revised and updated plans adopted by the City of Sacramento and the County of Sacramento, including an endorsement by the City of Rancho Cordova adopted by resolution. This bill would declare that the American River Parkway and its environs also contribute to the quality of life within the City of Rancho Cordova. (5) The Urban American River Parkway Preservation Act permits in-line skating on the American River Parkway on a trial basis until January 1, 2001, and if the board of supervisors and the city council determine that the trial was successful, in-line skating may be added to the list of permitted recreational uses for the parkway on a permanent basis upon approval of the board of supervisors and city council. This bill would delete this provision. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing law authorizes the Director of General Services to acquire and dispose of state real property under specified conditions. This bill would authorize the department to dispose of 3 specified parcels of real property pursuant to certain provisions.
Existing law requires a court, with respect to an action involving a construction-related accessibility claim, to issue an order that, among other things, grants a 90-day stay of the proceedings with respect to that claim, schedules an early evaluation conference, and directs the defendant to file with the court under seal and serve on the plaintiff a copy of any relevant Certified Access Specialist inspection report, which shall be subject to a protective court order, as specified, if the defendant has satisfied certain requirements relating to inspection of the site at issue. Existing law requires the early evaluation conferences be conducted by a superior court judge or commissioner, or a court early evaluation conference officer, as defined. This bill would instead require the Certified Access Specialist inspection report to remain confidential and would allow disclosure only to the parties to the action, the parties' attorneys, and others involved in the evaluation and settlement of the case, as specified. The bill would also require the report to remain confidential until the conclusion of the claim, unless there is a showing of good cause by any party. This bill would make conforming and related technical changes.
(1) Existing law, the Professional Fiduciaries Act, defines professional fiduciaries required to be licensed by the Professional Fiduciaries Bureau within the Department of Consumer Affairs as a person who acts as a conservator or guardian for 2 or more persons who are related to the professional fiduciary or each other, or a person who acts as a trustee or agent under a durable power of attorney for more than 3 people or families who are not related to the professional fiduciary. This bill would specify how individuals are counted to determine whether a person is a professional fiduciary, including that individuals related to the fiduciary would not be counted and individuals or trustors who are related to each other would be counted as one individual. (2) Existing law, effective January 1, 2010, in relation to wills, trusts, and other instruments, defines and regulates no contest clauses. Existing law limits the application of a no contest clause to specific contests and provides that a no contest clause may be enforced against a direct contest only when it is brought without probable cause. Former law exempted certain contests from the enforcement of the no contest clause under specified circumstances, including if there was reasonable cause to believe that instrument had been revoked. Former law also permitted a beneficiary to apply to a court for a determination of whether a particular motion, petition, or other act by the beneficiary would be a contest within the terms of a no contest clause. This bill would make conforming changes to clarify under what circumstances the former law would apply. (3) Existing law provides for a decedent's property to be distributed through intestate succession when the decedent dies without a will, trust, or other instrument based on the degree of kinship. Existing law prohibits certain property transactions between certain court officials or employees or their relatives and guardians or conservators based on the lineal or collateral consanguinity of the person to the court official or employee. Existing law requires a guardian or conservator, when engaging in certain property transactions, or when seeking approval for certain acts, with the guardians or conservator's family members, based on lineal or collateral consanguinity, to disclose that relationship to the court upon a petition for approval. This bill would define the degree of kinship or consanguinity for the purpose of these provisions.
Existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical or nonmedical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would also provide that any person, not including medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission, as long as that act or omission does not constitute gross negligence or willful or wanton misconduct. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides that no disaster worker who is performing disaster services during a state of war emergency, a state of emergency, or a local emergency shall be liable for civil damages on account of personal injury to or death of any person or property, as provided. This bill would provide that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of the governmental emergency organization, as provided. This bill would provide that these provisions apply exclusively to any legal action filed on or after the effective date of this bill. This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, a prospective trial juror who has been summoned for jury service and fails to attend as directed or respond to the court may be compelled to attend, as specified. In addition, after an order to show cause hearing, the court may find the prospective juror in contempt of court, which is punishable by fine, incarceration, or both. Until January 1, 2010, existing law permits the court, in lieu of imposing penalties for contempt, to impose reasonable monetary sanctions of no more than $250 for a first violation, $750 for a 2nd violation, and $1,500 for the 3rd and any subsequent violation, upon a prospective juror who has failed to respond and who has not been excused, after first providing the prospective juror with notice and an opportunity to be heard, as specified. This bill would require the 2nd summons to be issued no earlier than 90 days after the initial failure to appear. This bill would also extend the above provisions indefinitely by deleting the January 1, 2010, termination date.
Existing law authorizes advance deposit wagering to be conducted, with the approval of the California Horse Racing Board. Existing law specifies how the amount received as a market access fee from advance deposit wagers shall be distributed, including the distribution of specified amounts as satellite wagering commissions, which are generally provided to satellite wagering facilities in the same relative proportions as those facilities generated the commissions in the previous calendar year. This bill would require the satellite wagering commission to be reduced in proportion to the times that satellite wagering is conducted if a satellite wagering facility is unwilling or unable to accept all of the signals that are available to that facility, and would require the satellite wagering commission to be eliminated entirely if a satellite wagering facility is permanently closed, as specified. The bill would provide that the satellite wagering commissions not paid shall be proportionately redistributed to the other eligible satellite facilities.
The California Constitution prohibits the Legislature from authorizing lotteries, but allows the Legislature to authorize private, nonprofit, eligible organizations to conduct raffles, as specified. Existing statutory law generally regulates raffles conducted by eligible organizations for beneficial or charitable purposes. Existing law prohibits a raffle from being advertised over the Internet. This bill would delete the prohibition on advertising a raffle over the Internet and would set forth specified information regarding a raffle that may be included on an Internet Web site.
This measure would proclaim May 2009 as California Water Awareness Month, and encourage all Californians to participate in a statewide campaign that focuses on educating Californians about the value of water in everyday life.