Sen. Dennis Hollingsworth

This measure would urge Congress and the President to restore funding for the State Criminal Alien Assistance Program.

The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. Existing law establishes the Bureau of State Audits, which is headed by the State Auditor and has specified statutory duties, including the performance of statutorily mandated audits. This bill would require the Bureau of State Audits to review, report, and make recommendations on each regulation, before May 1 of the 5th year after the regulation was amended or adopted, that the State Energy Resources and Development Commission, the Public Utilities Commission, the California Consumer Power and Conservation Financing Authority, or any other state agency that has duties relating to state energy regulations or the implementation of those regulations adopts or amends on or after January 1, 2011. The bill would require the review, report, and recommendations to include specified factors, including a summary of the written criticisms received by the agency that adopted or amended the regulation within the preceding 5 years and the estimated economic, small business, and consumer impact of the regulation, as specified. The bill would require the bureau to make the report available on its Internet Web site. The bill would authorize the adopting agency to take specified actions in response to the bureau's report, and would provide that a regulation ceases to be operative, as specified, if the agency takes no action. This bill would declare that it is to take effect immediately as an urgency statute.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations, as defined. Existing law relative to the restructuring of the natural gas industry requires the commission to require each gas corporation to provide bundled basic gas service, as defined, to all core customers in its service territory unless the customer chooses or contracts to have natural gas purchased and supplied by another entity. That law additionally requires that a gas corporation continue to be the exclusive provider of revenue cycle services, as defined, in its service territory, with certain exceptions. This bill would make various technical, nonsubstantive changes to the above.

Existing law prohibits the making of a copy, reproduction, or facsimile of any kind of photographs, negatives, or print of the body, or any portion of the body, of a deceased person taken by or for the coroner at the scene of death or in the course of a postmortem exam or autopsy made by or caused to be made by the coroner, except for use in a criminal proceeding in this state that relates to the death of that person, or except as a court of this state permits, as specified. The Public Records Act generally provides that public records, as defined, are open to public inspection and every person has a right to inspect any public record. The act sets forth specified exemptions from those provisions, including an exemption for specified investigatory or security files compiled by law enforcement entities. This bill would enact the Deceased Child Victims' Protection and Privacy Act. The bill would provide that, when a minor who is not within the jurisdiction of the juvenile court, as specified, is killed as a result of a criminal act and a person has been convicted of the crime and sentenced, or been found to have committed the act by a juvenile court and adjudged a ward of the juvenile court, upon the request of a qualifying family member of the deceased minor, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency would be sealed and would not be disclosed, except as specified. The bill would also provide that a coroner or medical examiner shall not be liable for damages in a civil action for any act or omission taken in compliance with these provisions. These provisions would not be construed to limit the authority of the court to seal records or restrict the dissemination of an autopsy report or evidence associated with the examination of a victim, as specified. In addition, these provisions would establish an independent basis upon which an autopsy report or other evidence associated with the examination of a victim may be withheld from public disclosure; however, these provisions would not apply if the exemption from the Public Records Act described above applies. Because the bill would impose additional duties on local officials, such as the county coroner, the district attorney, or the public defender, relating to preventing the disclosure of this information, 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the Department of Motor Vehicles, upon application and without additional fees, to issue a special license plate or plates to a disabled person, disabled veteran, or an organization or agency involved in the transportation of disabled persons or veterans, as specified, in accordance with procedures adopted by the department. This bill would make technical, nonsubstantive changes to this law.

Existing law prohibits a person, with exceptions, from owning or operating a driving school, or giving driving instruction for compensation, unless the person has secured a license from the Department of Motor Vehicles. This bill would make technical, nonsubstantive changes to this law.

(1) The California Constitution requires the Legislature to convene in regular session for 2‑year periods at noon on the first Monday in December of each even‑numbered year to consider legislation, including the Budget Bill, and requires that the Budget Bill provide for an annual budget. Existing law also provides that, on extraordinary occasions, the Governor by proclamation may cause the Legislature to assemble in special session to legislate on subjects specified in the proclamation. This measure would instead require the Legislature, on and after December 6, 2010, to convene in annual regular session, with a session held in an odd‑numbered year to be known as a general session when general legislation may be adopted, subject to specified limitations, and a session held in an even‑numbered year to be known as a budget session. The measure would require the Legislature to adopt a 2‑year Budget Bill during each budget session, and would prohibit the Legislature during that session from considering legislation other than the Budget Bill, revenue acts necessary therefor, and acts necessary to provide for the expenses of the session, except that the Legislature could also consider bills that would repeal provisions of existing law during a budget session held in a gubernatorial election year. The measure would limit each annual regular session to not more than 100 calendar days, not including Saturdays and Sundays, except that the session could be reconvened to consider bills vetoed by the Governor. The measure would make various conforming changes relating to annual sessions and the 2‑year budget requirement, including providing for the calculation of the state appropriations limit, the funding of the Budget Stabilization Account, and the calculation of the state school funding obligation on a 2‑year basis. (2) The California Constitution requires the California Citizens Compensation Commission, at or before the end of each fiscal year, to adopt a resolution to adjust the annual salary and the medical, dental, insurance, and similar benefits of elected constitutional officers, as defined, including Members of the Legislature. The annual salary and benefits specified in this resolution become effective on and after the first Monday of the next December without further action by the Legislature. This measure would require the commission to reduce the annual salary of Members of the Legislature in the commission's first resolution following the adoption of this measure by 23, as specified, and would require the commission to apply the existing criteria for adjusting this annual salary to maintain it at 13 of the amount that would otherwise be determined. (3) Existing law provides for travel and living expenses for Members of the Legislature in connection with their official duties to be prescribed by statute passed by rollcall vote entered in the journal, 23 of the membership of each house concurring, with specified limitations. This measure would prohibit a Member of the Legislature from receiving living expenses for more than 100 days in an annual regular session, and would prohibit a Member of the Legislature from receiving living expenses for more than 45 days spent in special sessions in a calendar year.

(1) The California Constitution requires the Legislature to convene in regular biennial session at noon on the first Monday in December of each even-numbered year to consider legislation and the Budget Bill. This measure would require the Legislature to convene in regular biennial session, but would require, commencing on December 6, 2010, that the sessions held in odd-numbered years be budget sessions, and sessions held in even-numbered years be general sessions. The measure would require the Legislature in the budget session to adopt Budget Bills for each of the 2 subsequent fiscal years. The measure would require the Legislature, during a budget session, to meet only to conduct oversight and review of the revenues and expenditures of the state and to consider Budget Bills, budget implementation bills, as defined, and related revenue bills, except the Legislature could consider urgency statutes. (2) The California Constitution requires that a budget be submitted by the Governor, and that the Legislature pass a Budget Act on or before June 15. Funds may be expended from the State Treasury for support of the state government only through an appropriation made by the Legislature. This measure would require, in each odd-numbered calendar year, commencing in 2011, that the Governor submit to the Legislature 2 proposed budgets for the 2 subsequent fiscal years, respectively. (3) The California Constitution permits revenues from taxes imposed by the state on motor vehicle fuels and funds in the Public Transportation Account in the State Transportation Fund to be loaned to the General Fund. That loan is required to be repaid in full either during the same fiscal year in which the loan was made or within 3 fiscal years from the date on which the loan was made if specified conditions apply. If the loan is to be repaid in full during the same fiscal year, the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year. The measure would provide that the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year, or July 31 of that subsequent fiscal year, whichever is later.

(1) The Public Employees' Retirement Law (PERL) provides a defined benefit to members of the Public Employees' Retirement System (PERS) based on age at retirement, service credit, and final compensation, as those terms are defined. Under PERL employees belong to various membership categories, which include state safety members and state miscellaneous members. Safety members of PERS receive a higher level of benefits and make higher contributions than state miscellaneous members. Under existing law, effective July 1, 2004, specified state employee positions in State Bargaining Unit 7 are classified as state safety members of PERS. Certain managerial, supervisory, or confidential positions, as well as specified officers and employees of the executive branch, by virtue of their relation to State Bargaining Unit 7, are also classified as state safety members of PERS. This bill would provide that state employees in State Bargaining Unit 7 first hired on or after the date the act takes effect, in job classifications formerly subject to state safety membership prior to that date, shall be state miscellaneous members of PERS. The bill would provide that these provisions would apply notwithstanding a certain statutory provision or any provision of an expired memorandum of understanding, as specified. (2) PERL defines final compensation variously based on different member classifications, bargaining units, and dates of hire. PERL generally provides for a definition of final compensation based on the highest annual average compensation earnable by the member during a designated 12-month or 36-month period. This bill would provide that final compensation for a person who becomes a state member of the system on or after the date the act takes effect, and who is represented by State Bargaining Unit 6, 8, 9, or as a peace officer/firefighter member of State Bargaining Unit 7, means the highest annual average compensation earnable by the member during a designated 36-month period. This bill would provide that final compensation for a person who becomes a patrol member of the system on or after July 3, 2010, and who is represented by State Bargaining Unit 5, means the highest annual average compensation earnable by the member during a designated 36-month period. The bill would provide that these provisions would apply notwithstanding a certain statutory provision or any provision of an expired memorandum of understanding, as specified. The bill would also apply this definition of final compensation to a state employee who is excepted from the definition of state employee for purposes of state labor relations, as specified, or an officer or employee of the executive branch of state government who is not a member of the civil service, who is employed by the state for the first time and becomes a state member of the system on or after the date the act takes effect. (3) PERL provides that attorneys in the offices of the Attorney General and the State Public Defender are state miscellaneous members of PERS. PERL authorizes state prosecutors and state public defenders, as defined, to be included within the state safety member classification under PERS, if agreed to in a memorandum of understanding, as specified. This bill would repeal the provisions described above that authorize state prosecutors and state public defenders to be included within the state safety member classification pursuant to an agreement in a memorandum of understanding. (4) PERL prescribes contribution rates for state employees who are state miscellaneous, state industrial, state safety members, patrol members, or state peace officer/firefighter members, among others, in amounts based on percentages of monthly compensation. PERL reduces those contributions by excepting from the definition of monthly compensation specified amounts ranging between $238 and $863, based on member classification, among other things. Member contributions are deposited into the Public Employees' Retirement Fund, which is a continuously appropriated trust fund. This bill would increase these contribution rates for specified state miscellaneous members, state industrial members, state safety members, patrol members, or state peace office/firefighter members by eliminating the exceptions from the definition of monthly compensation of specified amounts ranging between $238 and $863, as described above. The bill would apply these provisions notwithstanding a specified statutory provision or any provision of an expired memorandum of understanding, as specified. By increasing member contributions into a continuously appropriated fund, this bill would make an appropriation. (5) PERL establishes various retirement formulas that apply to specified membership categories. Under PERL, state miscellaneous members, state industrial members, and school members of the First Tier, are generally subject to a retirement formula commonly known as 2% at 55, which, if the member retires at 55 years of age, yields a benefit equal to 2% of the member's final compensation multiplied by the member's years of service credit, as specified. Under PERL state miscellaneous and state industrial members of the Second Tier are generally subject to a retirement formula commonly known as 1.25. Under PERL, patrol members and specified state peace officer/firefighter members are generally subject to a retirement formula commonly known as 3% at 50, while other state peace officer/firefighter members are subject to a 3% at 55 retirement formula. Under PERL, state safety members are generally subject to a 2.5% at 55 retirement formula. This bill would provide that state miscellaneous members, state industrial members, and school members, of the First Tier, who are first employed on and after the date the act takes effect, are subject to a 2% at 65 retirement formula. This bill would provide that state miscellaneous and state industrial members, of the Second Tier, who are first employed after the date the act takes effect are subject to a 0.5% at 65 retirement formula. The bill would provide that patrol members who are first employed on and after July 3, 2010, and state peace officer/firefighter members in State Bargaining Unit 6, 7, or 8 who are first employed on and after the date the act takes effect, are subject to a 2.7% at 57 retirement formula. The bill would provide state peace officer/firefighter members who are first employed on and after the date the act takes effect, who are employed by the schools, the California State University, or the legislative or judicial branch of government, are subject to a 2.5% at 57 retirement formula. The bill would provide that state safety members who are first employed on and after the date the act takes effect, are subject to a 2% at 62 retirement formula. The bill would provide that these provisions would apply notwithstanding a certain statutory provision or any provision of an expired memorandum of understanding, as specified. (6) The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, permits an employee or annuitant to enroll in a health benefit plan approved or maintained by the board, as specified. PEMHCA permits the board, without compliance with any provision of law relating to competitive bidding, to enter into contracts with carriers offering health care benefit plans or with entities offering services relating to the administration of health benefit plans. Existing law provides for a monthly appropriation from the General Fund of amounts necessary for the administration of the act and other specified employer contributions. This bill would provide that, on and after the date the act takes effect, another unnamed entity of the state that is authorized by statute is within the definition of the term "board" for the purposes of administrating the PEMHCA. By providing that General Fund moneys that are appropriated monthly may be spent by this additional administrative body, this bill would make an appropriation. The bill would also allow the board, as it would be defined, without compliance with any provision of law relating to competitive bidding, to provide self-funded plans by contracting with entities offering services relating to the administration of health benefit plans. By permitting General Fund moneys appropriated monthly to be spent for a new purpose, this bill would make an appropriation. The bill would permit plan designs and premiums to vary in different areas of the state. (7) PEMHCA requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled. Existing law provides that a represented state employee first hired on or after January 1, 1989, shall not be vested for the full employer contribution payable for annuitants unless he or she has 20 years of credited state service, as defined, at the time of retirement, as specified. The employer contribution payable for annuitants with at least 10 years of credited service but less than 20 years of service is prorated based on credited state service at the time of retirement. This bill would, notwithstanding those provisions, prohibit a state, California State University, legislative, or judicial branch employee first hired on or after the date the act takes effect, from receiving any portion of the employer contribution payable for annuitants unless he or she is credited with 25 years of state service, as defined, at the time of retirement. The bill would provide that the employer contribution for these employees who become annuitants or a survivor of that person, be adjusted in the annual Budget Act. The bill would require that those adjustments be based on the principle that the employer contribution for each annuitant shall be the same as the highest employer contribution paid for an active state employee. (8) PEMHCA authorizes a contracting agency, as specified, to elect to become subject to the act, along with the agency's employees and annuitants. Existing law establishes certain minimum rates for contracting employer contributions in this regard and requires that the employer contribution be equal for both employees and annuitants. This bill would permit a contracting agency of PEMHCA and the exclusive representative of employees of that agency to agree through collective bargaining that the employer contribution for employee and annuitant health benefits coverage for employees first hired on or after the effective date of a memorandum of understanding may differ from the employer contribution provided to existing employees and annuitants. The bill would provide that these provisions are not subject to labor negotiation impasse procedures. The bill would require a contracting agency that applies a different contribution rate to employees not represented by a bargaining unit to certify that, with regard to those employees, there is not an applicable memorandum of understanding. The bill would provide that an agreement reached in this regard is not valid if it provides an employer contribution for employees with less than 5 years of credited service with the contracting agency. (9) This bill would declare that it is to take effect immediately as an urgency statute.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA requires the Office of Planning and Research to prepare and develop guidelines for the implementation of CEQA by public agencies. This bill would require the office, on or after January 1, 2011, at the time of the next update of the guidelines for implementing CEQA, in cooperation with the Department of Forestry and Fire Protection, to prepare, develop, and transmit to the Secretary of the Natural Resources Agency recommended proposed changes or amendments to the initial study for the inclusion of questions related to vegetation management projects to reduce fire hazards that are located in state responsibility areas and high fire hazard severity zones. This bill would also require the Secretary of the Natural Resources Agency to certify and adopt these recommended proposed changes or amendments. This bill would declare that it is to take effect immediately as an urgency statute.