(1) The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. The office is required to review the regulation, among other things, for "necessity" which is defined to mean that the record of the rulemaking proceeding demonstrates the need for the regulation by substantial evidence. This bill would revise the definition of "necessity" to require that the need for the regulation be demonstrated by a preponderance of the evidence. (2) The act requires the office to initiate, at the request of a standing, select, or joint committee of the Legislature, a priority review of an existing regulation, that uses prescribed procedures to determine whether the regulation continues to satisfy specified standards. This bill would additionally require the office to initiate a priority review of a regulation at the request of a chair or vice chair of those legislative committees. (3) The act authorizes any interested person to obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an action for declaratory relief in superior court, as specified. The act authorizes the court to declare a regulation to be invalid for, among other things, a substantial failure to comply with the act or if the agency's determination that a regulation is reasonably necessary to effectuate the purpose of the statute, court decision, or other law is not supported by substantial evidence. This bill would require, instead of authorize, a court to invalidate a regulation if the specified conditions exist. The bill would require that an agency's determination that a regulation is reasonably necessary to effectuate the purpose of a statute, court decision, or other law be supported by a preponderance of the evidence. The bill would require that a court invalidate a regulation upon a determination that it exceeds the scope of authority delegated to the agency by statute or, where the plain meaning of the language of the authorizing statute is determined to be ambiguous, the regulation is not consistent with the legislative intent in enacting the statute that is being interpreted, implemented, or made specific.
Sponsored bills
Existing law, as amended by Proposition 21, adopted March 7, 2000, and by Proposition 83, adopted November 7, 2006, provides for a list of crimes called "violent felonies" and "serious felonies." Other existing law provides specified enhancements to the punishments of certain repeat, state-prison bound offenders with prior violent or serious felony convictions. The initiative statutes provide that any amendment of these provisions by the Legislature shall require a 23 vote of the membership of each house. Existing law defines battery as any willful or unlawful use of force or violence upon the person of another. Existing law provides that battery committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, as specified, is punishable as a misdemeanor or a felony. Existing law provides that battery against a peace officer, as specified, is punishable as a misdemeanor or a felony. This bill would add felony battery against the above-named persons to the list of "serious felonies" and to the list of "violent felonies." Existing law specifies, for purposes of the sentence enhancements specified above, that the statutes comprising the lists of violent and serious felonies be interpreted as they existed at the time the provisions were enacted, including amendments made to those statutes during the 2005–06 Regular Session of the Legislature, as specified. This bill would likewise require those statutes to be interpreted as they would be amended following the enactment of this bill for purposes of sentence enhancements. By expanding the punishments for existing crimes, 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.
This measure would designate that January 16, 2012, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.
Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. Article XVI of the California Constitution authorizes the Legislature, at any time after the approval of a general obligation bond act by the people, to reduce the amount of the indebtedness authorized by the act to an amount not less than the amount contracted at the time of the reduction or to repeal the act if no debt has been contracted. This bill would reduce the amount of general obligation debt authorized pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century to the amount contracted as of January 1, 2012.
The Veterans' Farm and Home Purchase Act of 1974 authorizes the Department of Veterans Affairs to assist veterans in acquiring homes and farms by generally providing that the department may purchase a farm or home which the department then sells to a purchaser, as defined. Existing law prohibits the department, except in limited circumstances, from acquiring a home in which the veteran has an interest of record. This bill would authorize the department to acquire a home for the purpose of refinancing an existing mortgage loan that is not an existing loan acquired under the Veterans' Farm and Home Purchase Act of 1974. This bill would require the department to adopt and publish rules and regulations, as specified.
This measure would recognize October 2011 as Domestic Violence Awareness Month and urge all Californians to take a stand against domestic violence.
This measure would urge the United States government to consider the California jobs and economic stimulus provided by the California floriculture industry when advancing free trade agreements, specifically with Colombia.
This measure would designate a specified portion of State Highway Route 5 in the County of Glenn as the CHP Officer Charles T. Smith Memorial Highway. This measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, to erect those signs.
This measure would proclaim February 28, 2011, as Rare Disease Day.
This measure would honor and recognize the service and sacrifice made by members of the Armed Forces and their families on the occasion of Armed Forces Day on May 21, 2011.