Existing law provides that the mother of an unemancipated minor child and the father, if presumed to be the father, as specified, are equally entitled to the custody of the child, and that if one parent is dead, unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody. Existing law permits a court, during the pendency of a custody proceeding or any time thereafter, to make an order for the custody of a child during minority that seems necessary or proper. This bill would specify that a court, in the event of the death of a parent, retains jurisdiction to make any orders required to effect the right of a parent to custody, as described above, and would prescribe notice requirements in this regard.
Sponsored bills
Existing law requires all state and local public retirement systems to prepare an annual report in accordance with generally accepted accounting principles. Existing law also requires the Controller to compile and publish a report annually on the financial condition of all state and local public retirement systems containing specified data. This bill would require, on or before July 1, 2012, the Public Employees' Retirement System, the State Teachers' Retirement System, and the University of California Retirement System each to establish and maintain an Internet Web site that allows the public to access specified information about any retired member who receives a pension of $100,000 or more annually, and specified information regarding the costs of postretirement health care benefits.
This bill would urge the United States Patent and Trademark Office to place a satellite office in California.
(1) The California Constitution provides that the retirement board of a public pension or retirement system has plenary authority and fiduciary responsibility for investment of moneys and administration of the system. Existing law establishes various public agency retirement systems, including the Public Employees' Retirement System (PERS) , the State Teachers' Retirement System (STRS) , the Judges' Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937, among others, and these systems provide defined pension benefits to public employees based on age, service credit, and final compensation. The California Constitution permits a city or county to adopt a charter for purposes of its governance that supersedes general laws of the state in regard to specified subjects, including compensation of city or county employees. The California Constitution also establishes the University of California as a public trust with full powers of organization and government, subject only to specified limitations. Charter cities and the University of California may establish pension plans under their respective independent constitutional authority. This measure would provide that any change to the formula used to calculate the pension benefits of a member of a public retirement system, as defined, that results in an increase in the member's pension benefits shall apply only to service performed on and after the operative date of the change, and would prohibit the retroactive application of that change. The measure also would require any retirement plan for public employees hired on and after January 1, 2013, to expressly provide that the public employer retains the right to prospectively change retirement benefits, as specified. The measure would require, with respect to public employees first hired on and after January 1, 2013, the governing body of a public retirement system to annually set an actuarially sound contribution rate for any defined benefit plan based on the recommendations of an independent plan actuary. The measure would permit a public employer to offer those employees a defined benefit plan only as part of a uniform hybrid retirement plan, as specified, and only if the Legislature has established the hybrid retirement plan and the defined pension benefits that may be provided, as specified. The measure would require the employer and employee to share equally the defined benefit plan costs. Any benefits under a defined benefit plan would be based on a member's highest annual base pay averaged over any consecutive 36-month period. The measure would increase, beginning 30 days after its effective date, employee contribution rates for members of defined benefit plans by at least an additional 5% of current salary until the pension fund of the plan is 90% funded, as determined by an independent plan actuary. The bill would require the funded status of a defined benefit plan to be calculated annually, as specified. (2) Existing state and local public employee retirement systems are funded by investment returns and employer and employee contributions. The California Constitution provides that the retirement board of a public pension or retirement system has the exclusive power to provide for actuarial services in order to assure the competency of the assets of the system. Existing law, with respect to PERS, requires the Governor to include in the annual Budget Act the contribution rates submitted by the system actuary of the liability on account of employees of the state. This measure would permit an actuary to authorize a reduction or suspension of employer contributions to a defined benefit plan for a fiscal year only if the actuary determines that the plan has a surplus of actuarially determined plan assets sufficient to fund 120% of the employer's share of estimated plan normal costs for the next 30 years. The measure would also prohibit an employer from paying the employee contribution to a defined benefit plan for any employee, would require that an employee's rate of contributions represent a reasonable percentage of the normal costs of the plan, and would prohibit that rate from being less than the contribution rate applicable to his or her membership classification on July 1, 2012. This measure would also require STRS to set an actuarially sound contribution rate to be paid annually to the system, to be used as a basis for increasing the state's contribution to that system. (3) Existing law permits members of PERS, STRS, and county, city, and district retirement systems that have adopted specified provisions, to purchase up to 5 years of additional retirement service credit by contributing an amount that, at the time of purchase, provides for the resulting increase in employer liability. This measure would prohibit a public employer or public retirement system from offering, or entering into, a contract by which a member may make contributions to receive additional retirement service credit, as described above. (4) Existing law generally prohibits any person who has retired from being employed in any capacity with the same public employer unless he or she is first reinstated from retirement, except as authorized. This measure would, on or after January 1, 2013, prohibit a person from being employed by, or providing personal services as a contractor for, a public employer while he or she is receiving pension payments from a public retirement system. (5) Existing law provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified. This measure would require that a public employee, as defined, who is convicted of any felony for conduct related to his or her office or employment on or after the effective date of this measure forfeit that portion of the rights and benefits to which he or she is entitled in any public retirement system in which he or she is a member that accrued on or after the date of commission of the crime, and not accrue further benefits, as specified. (6) The Public Employees' Medical and Hospital Care Act, which is administered by the Board of Administration of PERS, establishes various percentages for employer contributions for health care benefits provided under the approved health benefit plan in which the employee or annuitant is enrolled. This measure would require public employees to pay an increased amount, that is proportional to employee base pay, as specified, for employee health care benefits. The measure would also require a public employee hired on and after January 1, 2013, to contribute to the cost of postretirement health care benefits, in proportion to the employee's base pay and years of service, as specified, if the public employer provides those benefits. The bill would prohibit employees hired on and after January 1, 2013, from being eligible for full postretirement health care benefits until the employee has 25 years of service. The measure would provide that these provisions shall not impair existing collective bargaining agreements, but would apply upon expiration of those agreements. (7) The measure would declare that the above-described provisions are self-executing and would require any bill, ordinance, resolution, or other measure enacted to implement any of those provisions to be approved by a 23 vote of the membership of each house of the Legislature, the Regents of the University of California, or the governing body of the public employer. The measure would also require any bill enacted to change public employee retirement benefits or health care benefits to be approved by a 23 vote of the membership of each house of the Legislature. The measure would declare that the above-described provisions would not limit any disability, death, or survivor benefits. (8) The California Constitution requires that the moneys to be applied by the state for the support of school districts and community college districts be not less than the greatest of 3 amounts computed pursuant to specified tests. The Constitution provides that the first of those tests is the amount which, as a percentage of General Fund revenues which may be appropriated pursuant to Article XIIIB, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87. The Constitution provides that the 2nd and 3rd tests are the amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB and allocated local proceeds of taxes shall not be less than the total amount from these sources in the prior fiscal year, excluding specified revenues, and adjusted for specified factors. Existing law requires the state to appropriate a sum equal to 8% of creditable compensation, as specified, to be deposited in the Teachers' Retirement Fund, for the initial purpose of financing the Defined Benefit Program of the State Teacher's Retirement System. Existing law does not count these appropriations toward meeting the state's constitutional obligation to annually provide funding for the support of school districts and community college districts, as described above. This measure would specify, for purposes of the first test, that the "General Fund revenues appropriated for school districts and community college districts, respectively, in the 1986–87 fiscal year" excludes General Fund revenues appropriated to the Controller for transfer to the Teachers' Retirement Fund. The measure would specify, for the 2013–14 fiscal year, for purposes of the 2nd and 3rd tests, that "total allocations from General Fund proceeds of taxes appropriated pursuant to Article XIIIB and allocated local proceeds of taxes" for the prior fiscal year excludes General Fund revenues appropriated for purposes of the State Teachers' Retirement System. (9) The California Constitution provides that the retirement board of a public pension or retirement system has the exclusive power to provide for actuarial services in order to assure the competency of the assets of the system. This measure would delete those provisions and would instead require that the retirement board of a public pension or retirement system select an independent plan actuary, to serve for a term of not less than 12 years, from a specified list to be established by the California Actuarial Advisory Panel. The measure would permit, following the initial term of service, the independent actuary to be appointed by the retirement board to subsequent terms. The measure would prohibit the reduction of the independent plan actuary's salary and benefits during his or her term of office, and would require his or her salary agreement to provide for annual increases in pay, except as specified. The measure would limit the circumstances under which the independent plan actuary may be removed from office. The measure would grant an independent plan actuary exclusive authority to provide actuarial services and would require a retirement board to adopt the actuary's recommendations without amendment. The measure would require the actuary to be guided by prevailing actuarial standards, any applicable governmental accounting standards that are consistent with prevailing actuarial standards, and any contracts related to the required funding of the system, and to seek to maximize retirement security and minimize the employer's long-term cost. The measure would provide for the removal of plan actuaries who were not chosen pursuant to its requirements, and would require the retirement board of a public pension or retirement system to ensure that the independent plan actuary has sufficient staff and budgetary resources to perform all of his or her required duties. (10) The California Constitution prohibits the number, terms, and method of selection or removal of members of the retirement board of a public pension or retirement system, which includes in its composition elected employee members, from being changed, amended, or modified by the Legislature from those that were required by law or otherwise in effect on July 1, 1991, unless the change, amendment, or modification enacted by the Legislature is ratified by a majority vote of the electors of the jurisdiction in which the participants of the system are or were, prior to retirement, employed. This measure would additionally require 23 of the elected or appointed members of the retirement board of a public pension or retirement system to have demonstrated expertise in the financial, legal, accounting, or health care fields and would prohibit them from being members of that system or from having immediate family members who are members of that system. The measure would authorize the Legislature to prescribe the criteria and process for selecting those elected or appointed members by a statute enacted by a 23 vote of the membership of each house. (11) The measure would provide that if the Attorney General fails to defend the constitutionality of its provisions, following its approval by the voters, a taxpayer may intervene and participate for that purpose in any court action challenging its constitutionality, and the fees and costs of defending the action would be a charge on funds appropriated to the Attorney General.
Existing law requires the California Alternative Energy and Advanced Transportation Financing Authority to establish a renewable energy program to provide financial assistance to public power entities, independent generators, utilities, or businesses manufacturing components or systems to generate new and renewable energy sources, develop clean and efficient distributed generation, and demonstrate the economic feasibility of new technologies. Existing law defines "renewable energy" to include specified energy generation technologies. This bill would expand the definition of "renewable energy" to include energy generation based on thermal energy systems such as landfill gas turbines, engines, and microturbines; and digester gas turbines, engines, and microturbines.
Existing income tax laws allow individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would allow a taxpayer to designate on a tax return that a specified amount in excess of his or her tax liability be transferred to the Municipal Shelter Spay-Neuter Fund, which would be created by this bill. However, the bill would provide that a voluntary contribution designation for this fund may not be added on the tax return until another voluntary contribution designation is removed from the return. This bill would provide that all money contributed to the fund pursuant to these provisions, upon appropriation by the Legislature, be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Department of Food and Agriculture for distribution of grants to eligible municipal shelters on a first-come-first-served basis, as specified, for the purposes of providing low cost or free spay-neuter services and for administrative costs. This bill would require eligible municipal shelters, as defined, in order to receive a grant, to file an application with the Department of Food and Agriculture, as specified. This bill would provide that these voluntary contribution provisions are repealed on either January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income tax return, or on January 1 of an earlier calendar year, if the Franchise Tax Board estimates that the annual contribution amount will be less than $250,000, or an adjusted amount for subsequent taxable years. This bill would make legislative findings and declarations regarding the importance of informing taxpayers that they may make voluntary contributions to certain funds or programs on state income tax returns, and would state the intent of the Legislature to encourage all persons who prepare state income tax returns to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution checkoff on the state income tax return.
Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. Existing law requires a regional center to include specified information on its Internet Web site for the purpose of promoting transparency and access to public information that includes specified information. This bill would add prescribed information to this requirement.
Existing law prohibits unauthorized communication with inmates in state prison. A person who violates that provision is guilty of a misdemeanor. Existing law further prohibits a person in a local correctional facility from possessing a wireless communication device, except as specified. This bill would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. This bill would provide that if a person who is visiting an inmate or ward under the jurisdiction of the Department of Corrections and Rehabilitation is found to be in possession of a cellular telephone, wireless communication device, or any component thereof, upon being searched or subjected to a metal detector, that device is subject to confiscation and would be returned the same day, except as specified. The bill would require that a notice to that effect be posted in each area where visitors are searched prior to visiting with an inmate or ward. The bill would provide that a person who brings, without authorization, a wireless communication device within the secure perimeter of a prison or institution housing offenders under the jurisdiction of the department is deemed to have consented to the department using available technology to prevent the device from sending or receiving calls or other electronic communication, and would require notice of this provision to be posted at all public entry gates. Existing law provides for the accumulation, denial, or loss of time credits for inmates of the department based on each inmate's behavior while under the jurisdiction of the department. The bill would provide that an inmate who is found to be in possession of a wireless communication device would be subject to the denial of time credits, as specified. The bill would prohibit the department from accessing data or communications that have been captured using available technology from unauthorized use of a wireless communication device except after obtaining a valid search warrant, and would provide that any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses, confidential data or communications from an unauthorized wireless communication device is subject to an administrative fine or civil penalty not to exceed $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation. The bill would further prohibit the department from capturing data or communications from an authorized wireless communication device, or accessing data or communications that have been captured from an authorized wireless communication device, except as authorized under existing law. The bill would provide that any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses, confidential data or communications from an authorized wireless communication device is subject to an administrative fine or civil penalty not to exceed $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation. The bill would also provide that until January 1, 2018, the state shall require as part of the contract for the Inmate Ward Telephone System that the total cost for intrastate and interstate calls be equal to or less than the total costs of a call established in the contract in effect on September 1, 2011, and that other than the conversation minute charges and prepaid account setup fees, there shall be no additional charges of any type, including administrative fees, call-setup fees, detail billing fees, hard copy billing fees, or any other fees. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Existing law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. This bill would provide that a victim, witness, or next of kin of the victim is not precluded from requesting notification using an automated electronic notification process, if available. Existing law, added by Proposition 8, approved by the voters at the June 8, 1982, statewide primary election and amended by Proposition 9, approved by the voters at the November 4, 2008, statewide general election, requires the Board of Parole Hearings, upon request, to notify the victim, or next of kin of the victim, of any crime committed by a prisoner, of any hearing to review or consider the parole suitability or the setting of a parole date for that prisoner. Proposition 8 provides that this statutory provision shall not be amended by the Legislature except by a statute passed in each house by rollcall vote, 23 of the membership concurring or by a statute approved by the voters. Proposition 9 provides that the statutory provisions of that act shall not be amended by the Legislature, except by a statute passed in each house by rollcall vote, 34 of the membership of each house concurring or by a statute approved by the voters. However, the Legislature may amend those provisions by a majority vote of the membership of each house to expand the scope of those provisions or to further the rights of victims of crimes. This bill would permit the victim, or next of kin of the victim, to receive that notice, upon request to the department and verification of the identity of the requester, by telephone, electronic mail, or certified mail, using the method selected by the requester, if that method is available. The bill would provide that this act furthers the rights of victims of crimes for purposes of Proposition 9. By amending this provision, the bill would amend Proposition 8. Because the bill would require the verification of the identity of the requester as a condition to receiving notice, it would amend Proposition 9 in a manner requiring a 34 vote. Existing law provides that as soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall send written notice, if notice has been requested, to specified requesting parties, to the last address of the requesting party provided to the department. This bill would authorize the notice to be sent to a victim or next of kin of a victim by telephone, certified mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, and would require the department to send the notices to the last mailing address, electronic mail address, or telephone number provided to the department by the victim or next of kin of the victim. The bill would make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would declare the week of September 5 through September 11, 2011, Yellow Ribbon Week to show support for military families and for troops fighting in Iraq and Afghanistan.