Existing law generally regulates the prescribing of prescription drugs. Existing law prohibits a person from issuing a prescription that is false or fictitious in any respect. This bill would make a technical, nonsubstantive change to these provisions.
The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, establishes provisions governing postemployment health care benefits for certain retired public employees and their families, upon meeting vesting requirements and subject to various limitations. 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. This bill would prohibit a state employer, as defined, for employees first hired on or after January 1, 2015, from providing postemployment health care benefits on behalf of its employees unless it fully funds those benefits, as determined by an actuary. This bill would also prohibit a public employer, for employees first hired on or after January 1, 2015, from entering into a memorandum of understanding or other collective bargaining agreement that provides for defined postemployment health care benefits for which a state employee may opt in unless each employee pays at least 50% of the actuarially required contributions to fund those health care benefits. This bill would additionally provide that, for state employees who become members of the system on and after January 1, 2015, the employer share of contribution for these benefits is 50% after 15 years of credited state service and would increase that percentage by 5% for each year of credit state service up to 100% after 25 years of credited state service.
The California Environmental Quality Act, or CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, or 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law establishes regulations related to numerous environmental issues. This bill would enact the Sustainable Environmental Protection Act and would specify the environmental review required pursuant to CEQA for projects related to specified environmental topical areas. For a judicial action or proceeding filed challenging an action taken by a lead agency on the ground of noncompliance with CEQA, the bill would prohibit a cause of action that (1) relates any topical area or criteria for which compliance obligations are identified or (2) challenges the environmental document if: (A) the environmental document discloses compliance with applicable environmental law, (B) the project conforms with the use designation, density, or building intensity in an applicable plan, as defined, and (C) the project approval incorporates applicable mitigation requirements into the environmental document. The bill would provide that the Sustainable Environmental Protection Act only applies if the lead agency or project applicant has agreed to provide to the public in a readily accessible electronic format an annual compliance report prepared pursuant to the mitigation monitoring and reporting program. Because this bill would impose additional duties on local agencies, 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 no reimbursement is required by this act for a specified reason.
The County Employees Retirement Law of 1937 authorizes counties and districts, as defined, to provide retirement benefits to their employees pursuant to its provisions. The law authorizes the board of supervisors or the governing body of a district in Orange County, by resolution adopted by majority vote and made pursuant to a memorandum of understanding, as specified, to make certain formulas for the calculation of benefits for general or safety members applicable to the employees of a bargaining unit comprised of general members, safety members, or employees of the Probation Services Unit and Probation Supervisory Management Unit, as specified. The law also requires the affected members, subject to certain conditions, to pay some or all of those additional contributions, as specified. This bill would make a technical, nonsubstantive change to these provisions.
Under existing law, certain specified felonies are punished by imprisonment in a county jail for 16 months, or 2 or 3 years or, where the term is specified, for the term described in the underlying offense. Notwithstanding these provisions, existing law requires that a sentence be served in state prison where the defendant has a prior or current conviction for a serious or violent felony, has a prior felony conviction in another jurisdiction that has all of the elements of a serious or violent felony, is required to register as a sex offender, or has an aggravated white collar crime enhancement imposed as part of the sentence. This bill would additionally require a sentence to be served in state prison when the defendant is convicted of a felony or felonies otherwise punishable in a county jail and is sentenced to an aggregate term of more than 3 years.
(1) Existing law expresses the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel of a school district, including schools conducted or maintained by county superintendents of education. This bill would instead require the governing board of a school district to establish an evaluation and assessment system for certificated employees that uses a multiple-measures evaluation system with multiple research-validated approaches to measuring effectiveness, as specified. The governing board would be required to establish the system by the 2015–16 school year and to fully implement the system by the 2016–17 school year. The bill would require a compliance audit to include the verification of the development and implementation of the evaluation system. Because the bill would increase the duties of school districts, it would impose a state-mandated local program. (2) Existing law provides that, when employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law further provides those employees with preferred right to reappointment and opportunity for substitute service in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including compliance with constitutional requirements related to equal protection of the laws. This bill would provide additional reasons for which a school district may deviate from terminating employees in order of seniority, including authorizing school districts to terminate employees on the basis of performance evaluations and on the basis that the employee is assigned to a schoolsite that has been selected by the governing board for exemption from certificated reductions in force, based upon the needs of the educational program. The bill would provide an exception to this authorization for an employee who has 18 months or less from his or her date of retirement, or is on medical leave. The bill would specify that the equal protection exception to the general requirement that terminations and reappointments occur in order of seniority applies to equal protection as it relates to pupils. (3) Existing law generally requires school districts to adhere to certain requirements with respect to teacher and administrator employment, and requires charter school petitions to contain certain information relating to employment. This bill would authorize school districts, county offices of education, and charter schools to assign, reassign, and transfer teachers and administrators based on effectiveness and subject matter needs, without regard to years of service. (4) This bill would make various nonsubstantive and clarifying changes. (5) 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.
(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. Existing law appropriates funding, in the annual Budget Act and in other statutes, from the state General Fund for the support of these segments. Existing law also authorizes these segments to require their students to pay mandatory systemwide fees and tuition, among other costs, for matriculation at these institutions. Proposition 30, known as the Schools and Local Public Safety Protection Act of 2012, was approved by the voters at the November 6, 2012, statewide general election and, among other things, increases personal income tax and sales and use tax rates and provides revenue for public elementary and secondary schools and community colleges. This bill would express a finding and declaration of the Legislature, and express the intent of the Legislature, relating to the enactment of Proposition 30 by the voters and to the provision of funding to the California State University, the University of California, and the California Community Colleges. The bill, from the 2013–14 fiscal year to the 2018–19 fiscal year, inclusive, would prohibit mandatory systemwide fees or tuition charged to students of the California State University from exceeding the level of the mandatory systemwide fees or tuition charged to students of the California State University for the 2011–12 fiscal year. The bill, from the 2013–14 fiscal year to the 2018–19 fiscal year, inclusive, would prohibit the mandatory systemwide fees charged to students of the California Community Colleges from increasing beyond the level of the mandatory systemwide fees charged to students of the California Community Colleges for the 2011–12 fiscal year. The bill, from the 2013–14 fiscal year to the 2018–19 fiscal year, inclusive, would prohibit the mandatory systemwide fees or tuition charged to students of the University of California from exceeding the level of the mandatory systemwide fees or tuition charged to students of the University of California for the 2011–12 fiscal year. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the governing board of any school district to permit a person, except a person required to register as a sex offender, as specified, to volunteer to supervise pupils during the school lunch period or any breakfast period or nutrition period, or to serve as a nonteaching volunteer aide under the immediate supervision and direction of the certificated personnel of the district, as specified. This bill would authorize the governing board of a school district, as defined, to permit a person, except a person required to register as a sex offender, as specified, to volunteer time or resources under the supervision of a district employee for the maintenance or improvement of a school facility, as provided. Existing law provides that it is the intent of the Legislature to permit a school district to use volunteer aides to enhance its educational program but not to permit displacement of classified employees nor to allow a district to utilize volunteers in lieu of normal employee requirements. This bill would instead state that it is the intent of the Legislature to permit a school district to use volunteers to enhance its educational program or facilities but not to encourage displacement of classified employees nor to encourage districts to use volunteers in lieu of normal employee requirements.
Existing law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. Existing law exempts a community college student who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from paying nonresident tuition for up to one year if he or she files an affidavit with the community college stating that he or she intends to establish residency in California as soon as possible, if that student uses this exemption within 2 years of being discharged. Existing law prohibits a former member of the Armed Forces who received a dishonorable or bad conduct discharge from receiving this exemption. Existing law provides that the statutory provisions relating to student residency requirements for public postsecondary education apply to the University of California only to the extent that the regents act, by resolution, to make these provisions applicable. This bill would make this one-year exemption from payment of nonresident tuition applicable to a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible, and uses this exemption within 2 years of being discharged. The bill would request the regents to enact regulations and procedures that exempt from nonresident tuition students of that university who meet the requirements applicable to students of the California Community Colleges and the California State University for the exemption of the bill.
Existing law provides that a board of supervisors of a county, and a legislative body of a city, may contract to provide supplemental law enforcement services to private individuals or entities at special events or occurrences. This bill would, until January 1, 2017, authorize the Board of Supervisors of the County of Orange or the city council of a city within this county to contract to provide supplemental law enforcement services to a homeowners' association on an occasional or ongoing basis to enforce the Vehicle Code on a homeowners' association's privately owned and maintained road, as specified. It would also require, on or before June 30, 2016, the Department of Justice to prepare and submit a report to the Legislature on certain impacts of this contract, would require the board of supervisors or city council to reimburse the department for the costs of this report, and would authorize the board of supervisors or city council to seek reimbursement for these costs. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange and a city within that county.
