The State Government Strategic Planning and Performance and Review Act requires each state agency, department, office, and commission for which strategic planning efforts are recommended to develop a strategic plan, as specified, that identifies, among other things, the steps being taken to develop performance measures to implement a performance budgeting system or a performance review. The act also requires that these entities report to the Governor and the Joint Legislative Budget Committee by April 1 of each year on the steps being taken to develop and adopt a strategic plan. Existing law sets forth specified procedures for the preparation, submission, and implementation of the Governor's reorganization plans. This bill would enact the Bureaucracy Realignment and Closure Act of 2013. It would establish the Bureaucracy Realignment and Closure Commission in state government with a specified membership. Beginning on January 1, 2013, the Controller, the Director of Finance, the Legislative Analyst, the Legislative Counsel, and the Milton Marks "Little Hoover" Commission on California State Government Organization and Economy would be required to develop recommendations for the closure or realignment of state bureaucracies for consideration by the commission. It would require the commission to independently evaluate the recommendations, conduct 3 public hearings, and, by January 1, 2014, have at least one member of the commission visit each state bureaucracy considered for realignment or closure. This bill would require the commission, before July 16, 2014, to submit a report of its final recommendations to the Governor and the Legislature that establishes a list of state bureaucracies that are proposed to be realigned or abolished. It would require the Governor, upon approval of the list of recommendations, to prepare the list as a reorganization plan and to submit the plan to the Legislature under the provisions relating to the Governor's reorganization plans. This bill would repeal the act on June 30, 2015.
Sponsored bills
Existing law generally prohibits the carrying of a concealed firearm without a license. Existing law permits a sheriff or head of a municipal police department to issue a license to a person who submits an application to carry a concealed firearm upon proof of certain factors, including that the applicant is of good moral character, that good cause exists for the issuance of the license, and certain residency requirements are met. This bill would also require proof that the individual is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. By requiring sheriffs and municipal police departments to perform additional duties, the bill would impose a state-mandated local program. Existing law requires the fingerprints of an applicant for a concealed firearm license to be sent to the Department of Justice and requires the department, upon receipt of the fingerprints and a prescribed fee, to furnish the licensing authority with a report of all data and information pertaining to any applicant of which there is a record in its office, including information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. This bill would require the department, upon receipt of the fingerprints and fee and upon an application for renewal of a license, to conduct an investigation that includes a report from the National Instant Criminal Background Check System to ensure that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits a dealer from delivering a firearm to a person within 10 days of an application to purchase, within 10 days of the submission to the Department of Justice of any correction to the application, or within 10 days of the submission to the department of a firearm purchaser fee, whichever is later. Existing law provides that this 10-day waiting period does not apply to the sale, delivery, or transfer of firearms to a full-time paid peace officer who is authorized to carry firearms while in the performance of duties, or to a dealer who delivers a firearm, other than a handgun, at an auction or similar event, among other exceptions. This bill would provide that the 10-day waiting period does not apply to the sale, delivery, or transfer of firearms to any person who is authorized to carry a weapon in a concealed manner pursuant to the above provisions, or to the sale, delivery, or transfer of firearms for personal use to a peace officer or retired peace officer, as specified, who is authorized to carry a concealed weapon. Existing law requires the Department of Justice, upon submission of firearm purchaser information by a firearms dealer, to examine records to determine whether the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. This bill would require the department to respond to the dealer within 24 hours with a hold status if the available information indicates that further investigation is required to determine whether the individual is approved or prohibited. The bill would require the department to respond to a dealer who has received a hold status with either an approved or prohibited status immediately upon completion of the department's investigation, and would prohibit a dealer from releasing a firearm until the dealer has received an approved status for the purchaser from the department. This bill would make conforming changes. 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.
Under existing law, a person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for the purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person's prior consent, or, in the case of a minor, the prior consent of his or her parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof and for the payment to the injured party of any profits attributable to that unauthorized use. An action for the unauthorized commercial use of a person's image or name must be brought within 2 years of its publication. This bill would provide that a claim seeking damages, injunctive relief, or both for the unauthorized commercial use of a person's name, signature, photograph, or likeness on an Internet Web site may be brought at any time.
Existing law provides certain protections and benefits for veterans. This bill would authorize the governing board of a county or city to grant financial assistance, relief, and support to disabled veterans, as defined, by waiving service-related fees charged by the county or city, as specified.
Existing law requires an employer to provide a meal period or periods to an employee who works a specified number of hours in a shift. The meal periods may be waived by mutual consent under specified circumstances. Existing law provides exemptions from these requirements for specified occupations and employees covered by collective bargaining agreements. This bill, in addition, would provide an exemption from the meal period requirements for commercial drivers operating a vehicle that is required to display placards pursuant to a specified statute.
Under existing law, a person who deprives or violates the personal liberty of another with intent to effect or maintain specified felonies, including pandering or extortion, or to obtain forced labor or services, is guilty of human trafficking. Under existing law, a person convicted of human trafficking is punished by imprisonment in a state prison for 3, 4, or 5 years, unless the victim is under 18 years of age in which case the term of imprisonment is 4, 6, or 8 years. Existing law requires a fine of $100,000 when a person is convicted of human trafficking involving a commercial sex act and the victim is under 18 years of age. This bill would make the crime of human trafficking, where the victim is an adult and the crime involves a commercial sex act, punishable by 10, 12, or 14 years in state prison and, where the victim is a minor and the crime involves a commercial sex act, punishable by 25 years to life in a state prison. 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.
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing board. The existing Renewables Portfolio Standard Program (RPS program) requires a retail seller of electricity, as defined, and local publicly owned electric utilities to purchase specified minimum quantities of electricity products from eligible renewable energy resources, as defined, for specified compliance periods. The specified minimum quantities of electricity products are based upon a percentage of the utility's total retail sales of electricity in California. This bill would revise the RPS program so that the specified minimum quantities of electricity products required to be procured are based upon a percentage of the utility's net program retail sales of electricity in California. The bill would define "net program retail sales" of electricity as being the total retail sales of electricity by the retail seller or local publicly owned electric utility within California, minus those retail sales where the load was met by noneligible hydroelectric generation, as defined. The Renewable Energy Resources Program states the intent of the Legislature to increase the amount of electricity generated from eligible renewable energy resources per year so that amount equals at least 33% of total retail sales of electricity in California per year by December 31, 2020. This bill would state the intent of the Legislature to increase the amount of electricity generated from eligible renewable energy resources per year so that amount equals at least 33% of net program retail sales of electricity in California per year by December 31, 2020.
Existing law requires the Attorney General, upon receipt of a draft of a petition for a proposed initiative or referendum, to prepare a title and summary of the proposed measure. Under existing law, the Attorney General is required to determine the effect of a proposed initiative measure on revenues and expenditures of the state or local government. If the Attorney General determines that a proposed measure would affect state or local revenues or expenditures, he or she must include in the title either the estimate of the amount of change in state or local revenues or costs or an opinion as to whether a substantial net change in state or local finances would result if the proposed initiative is adopted. Existing law requires the Department of Finance and the Joint Legislative Budget Committee to prepare jointly the fiscal estimate that may be included in the title. Existing law imposes specified deadlines on the preparation of a title and summary, and a fiscal estimate. This bill would require the Legislative Analyst, instead of the Attorney General, to prepare the ballot title and summary for all measures submitted to the voters of the state and would require the Legislative Analyst, instead of the Department of Finance and the Joint Legislative Budget Committee, to prepare any fiscal estimate or opinion required by a proposed initiative measure. The bill would also change the deadlines applicable to the preparation of a title and summary and a fiscal estimate or opinion. The bill would impose specified requirements with respect to the ballot materials required to be prepared by the Legislative Analyst. The bill would require a court, in determining whether to issue a peremptory writ of mandate regarding a ballot title and summary, ballot label, or other ballot materials prepared by the Legislative Analyst, to not give deference to the Legislative Analyst, but rather to be guided by its duty to protect the interest of the voters to accurate, fair, impartial, and understandable ballot materials. The bill would repeal a provision of law requiring an argument against a measure submitted to the voters by the Legislature to be drafted by a Member of the Legislature and included within the ballot pamphlet, and would grant priority for placement within the ballot pamphlet to an argument against the measure submitted by a voter or group of voters. The bill would make its operation contingent upon the approval by the voters of SCA 19 of the 2011–12 Regular Session, as provided.
The California Constitution provides that the electors may propose a statute or an amendment to the California Constitution by initiative and approve or reject a statute by referendum. An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution, and is certified to have been signed by the required number of electors, as prescribed. A referendum measure may be proposed by presenting to the Secretary of State a petition that sets forth the statute or part of the statute to be submitted to the electors, and is certified to have been signed by the required number of electors. Prior to the circulation of an initiative or referendum petition for signatures, the California Constitution requires that a copy of the petition be submitted to the Attorney General, who must prepare a title and summary of the measure. Existing statutory law also directs the Attorney General to prepare the ballot label, and the ballot title and summary that is included in the ballot pamphlet, for each measure that appears on a statewide ballot. This measure would require that an initiative or referendum petition be submitted to the Legislative Analyst instead of the Attorney General, and would transfer from the Attorney General to the Legislative Analyst the duty of preparing the title and summary for an initiative or referendum that is to be circulated. The measure would also require, for each measure that appears on a statewide ballot, that the Legislative Analyst prepare the ballot label, and the ballot title and summary for the ballot pamphlet.
(1) Existing law prohibits a permanent school employee from being dismissed except for one or more specified offenses. This bill would prohibit a collective bargaining agreement entered into or renewed on or after January 1, 2013, from requiring the removal, after a specified time period, from an employee's record of records pertaining to discipline, complaints, reprimands, or investigations relating to the employee's commission, or potential commission, of one of those specified offenses. (2) Existing law authorizes a governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend him or her for specified causes at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing. Existing law prohibits that notice from being given between May 15th and September 15th in any year. This bill would remove that prohibition. (3) Existing law prohibits the governing board of a school district from acting upon any charges of unprofessional conduct, or unsatisfactory performance, unless at least 45, or 90, calendar days, respectively, prior to the date of the filing of the charges the governing board, or its authorized representative, has given the employee written notice, as specified. This bill would remove those 45-day and 90-day requirements. (4) Existing law requires the governing board of a school district to immediately place an employee on compulsory leave of absence if the employee is charged with a mandatory leave of absence offense, as defined. This bill would require the governing board to transfer a certificated employee to nonclassroom duties that do not involve contact with pupils if the governing board has reasonable cause to believe that the employee is under investigation by a law enforcement agency for commission of a mandatory leave of absence offense. The bill would require an employee transferred under these provisions to continue to receive his or her regular salary during the period of the transfer. If the governing board returns the employee to classroom duties, the bill would require the governing board to record the reason or reasons for the return in a resolution adopted by the governing board. By placing additional duties on school district governing boards regarding the transfer of employee duties, this bill would impose a state-mandated local program. (5) Existing law establishes a Commission on Professional Competence for each dismissal or suspension hearing requested by an employee, consisting of specified members. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board of the school district. This bill would make various changes to the provisions relating to the hearing, including requiring the Commission on Professional Competence to consist solely of an administrative law judge, as well as providing that the decision of the commission would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board of the school district. The bill would provide that an employee requesting a hearing may be placed on administrative leave without pay, and that an employee who is placed on administrative leave would be required to be paid his or her regular salary if he or she furnishes to the school district acceptable security, as specified. (6) Existing law prohibits testimony from being given or evidence being introduced at the hearing relating to matters that occurred more than 4 years prior to the date of the filing of the notice of dismissal or suspension. This bill would remove that 4-year limitation. (7) This bill would make nonsubstantive and conforming changes. (8) 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.