Sen. Mimi Walters

Existing law governs the rights and remedies of parties to lease contracts, including specifying the creation, limitation, and negation of various types of warranties on leased goods. Existing law specifies the requirements to negate an implied warranty of merchantability and an implied warranty of fitness. This bill would make nonsubstantive changes to those provisions.

The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System, which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines "final compensation" for purposes of calculating a member's retirement allowance. The State Teachers' Retirement Law (STRL) , the Judges' Retirement System II Law, and the County Employees Retirement Law of 1937 also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill, for persons first hired on and after January 1, 2012, for the purpose of determining any pension or benefit with respect to a public entity defined benefit retirement system, would require that final compensation means the highest annual average compensation earnable by the person during a consecutive 36-month period of membership, as specified. The bill would prohibit the inclusion of credit for accrued leave of any form or credit for overtime work in the calculation of final compensation, as specified.

Existing law provides that expenses authorized and necessarily incurred in the preparation for and conduct of elections are to be paid from the county treasuries, except as specified. This bill would provide that expenses authorized and necessarily incurred on or after January 1, 2009, and before April 19, 2011, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes the creation of retirement systems for public employees by counties, cities, and districts. Existing law creates the Public Employees' Retirement System and the State Teachers' Retirement System, which provide a defined benefit to their members based on age at retirement, service credit, and final compensation. Existing law establishes the criteria for membership in the various public employee retirement systems and may exclude certain employment classifications from membership. The California Constitution provides for the division of the state into counties and requires that a county have an elected sheriff, elected district attorney, elected assessor, and elected governing body. Existing law provides for the incorporation of cities in various forms and requires that certain city offices be filled pursuant to elections, as prescribed. Existing law provides for the creation of districts, the governing bodies of which may be elected. This bill would prohibit a person who is publicly elected to a local office of any kind, on and after January 1, 2012, from becoming a member of a retirement system by virtue of that service or from acquiring any retirement right or benefit for serving in that elective local office. The bill would also apply these prohibitions to a person who is appointed to fill the term of a person so elected, but would not apply them to a person who obtained membership by virtue of holding an elective local office prior to January 1, 2012, for so long as he or she holds that office or is reelected to that office.

This bill would urge the United States Patent and Trademark Office to place a satellite office in California.

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.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to oversee administration of the state's universal service programs, including the deaf and disabled programs. The existing deaf and disabled universal service program, among other things, requires the commission to design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hearing impaired, together with a single party line, at no charge additional to the basic exchange rate, to any subscriber who is certified as an individual who is deaf or hearing impaired. This bill would require the commission to expand the program to include assistance to individuals with speech disabilities, including assistance to purchase speech-generating devices, accessories, and mounting systems, and specialized telecommunications equipment. The bill would require the commission to design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The bill would require the commission to adopt rules to implement the program by January 1, 2014. The bill would require the commission to evaluate options for controlling the program costs of providing speech-generating devices, and include information on any barriers to participation in the program by eligible subscribers, as part of an existing report to the Legislature. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the bill would require the commission to adopt rules, the violation of which would be a crime, 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.

This measure would recognize the 61st anniversary of National Flag Day, honor the 51st anniversary of the flying of the current American flag, and would encourage all Californians to celebrate the occasion with appropriate activities.

(1) Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collections of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available, to the board and the Department of Forestry and Fire Protection for certain specified fire protection activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would repeal the above provisions relating to the fire prevention fees. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.

The Personal Income Tax Law allows individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would, until January 1, 2016, allow a taxpayer to designate on a tax return that a specified amount in excess of his or her tax liability be deposited into the General Fund. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.