Sen. Steve Choi

This measure would designate the month of January 2018 as Gang Awareness and Prevention Month in the State of California and would encourage cities and constituents across the state to observe the month with appropriate programs, ceremonies, and activities to prevent future gang activity and honor those who lost their lives due to gang activity.

Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, as specified. By creating new crimes, 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 bill would declare that it is to take effect immediately as an urgency statute.

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; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state. This bill would express the intent of the Legislature to enact statutory changes to the Education Code relating to postsecondary education.

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California's version of this program being known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria, including limitations on income and assets generally applicable to public assistance programs. Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, and conciliation efforts have failed, the individual is subject to prescribed financial sanctions. This bill would make technical, nonsubstantive changes to those provisions.

Existing law requires the Department of Human Resources to administer an alternate retirement program for state employees who became state miscellaneous members or state industrial members of the Public Employees' Retirement System between August 11, 2004, and June 30, 2013, inclusive, and who did not make contributions into the system during the 24 months of employment following the date they qualified for membership in the system, as specified. This bill would make a nonsubstantive change to that provision.

Existing law, for the purposes of complying with the federal Omnibus Budget Reconciliation Act of 1990, requires the Department of Human Resources to develop and administer a retirement program in which state employees, as defined, who are not covered by social security or by the Public Employees' Retirement System can defer compensation at 7.5% of wages, as specified. This bill would make nonsubstantive changes to that provision.

Existing law authorizes a traffic officer with reason to believe that a vehicle is not safely loaded or that the measurements of a vehicle's load are unlawful to require the driver to stop and submit to an inspection, measurement, or weighing of the vehicle. Existing law authorizes a traffic officer who determines that the vehicle is not safely loaded or that the measurements of the vehicle's load are unlawful to require the driver to stop and reload or remove a portion of the load as necessary to make the vehicle load safe. A violation of the Vehicle Code is punishable as an infraction. This bill would require a driver transporting any item that measures longer than 12 inches in length and weighs more than 5 pounds, except as specified, in the cargo area of a vehicle traveling on a highway to affix a label containing information that can be used to identify or contact the owner of the item. A violation of this requirement is an infraction punishable by a fine of $100 for a first offense, $200 for a 2nd offense occurring within one year of a prior offense, or $300 for a 3rd or subsequent offense occurring within one year of 2 or more prior offenses. By creating a new crime, this 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.

Existing law authorizes a traffic officer with reason to believe that a vehicle is not safely loaded, to require the driver to stop and submit to an inspection. Existing law authorizes a traffic officer who determines that the vehicle is not safely loaded, to require the driver to stop and reload or remove a portion of the load as necessary to make the vehicle load safe. Existing law defines vehicular manslaughter as, among other things, driving a vehicle in the commission of an unlawful act, as specified, that results in the unlawful killing of a human being without malice. Under existing law, vehicular manslaughter with gross negligence, as defined, is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 2, 4, or 6 years, and vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year. This bill would require a driver transporting an item in a vehicle or truck bed to ensure that the item is reasonably secured before driving the vehicle. The bill would also require a driver transporting heavy debris, metal, glass, or any other item that falls from a vehicle or truck bed while being transported to report the loss of the item and the route the vehicle traveled during the time the item fell to the Department of the California Highway Patrol as soon as he or she discovers the item is missing. A violation of these provisions is an infraction punishable by a fine of $200 for a first offense, $400 for a 2nd offense occurring within one year of a prior offense, or $800 for a 3rd or subsequent offense occurring within one year of 2 or more prior offenses. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make the driver of a vehicle transporting an item that falls and proximately causes the death of another person guilty of vehicular manslaughter, punishable by imprisonment in the state prison or a county jail, as specified above. By expanding the scope of an existing crime, this 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.