(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; 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. Existing provisions of the Donahoe Higher Education Act set forth the missions and functions of these 4 postsecondary educational segments. No provision of the Donahoe Higher Education Act applies to the University of California except to the extent that the regents, by appropriate resolution, make that provision applicable. This bill would express findings and declarations of the Legislature relating to the possible impacts on public postsecondary educational institutions in this state of changes in federal immigration policies and enforcement. The bill would add to the Donahoe Higher Education Act provisions that would require the Trustees of the California State University, the governing boards of community college districts, and independent institutions of higher education that are qualifying institutions for purposes of the Cal Grant Program, and would request the regents, to the fullest extent consistent with state and federal law, to: refrain from disclosing personal information concerning students, faculty, and staff, except under specified circumstances; advise all students, faculty, and staff to notify the office of the chancellor or president, or his or her designee, as soon as possible, if he or she is advised that an immigration officer, as defined, is expected to enter, or has entered, the campus to execute a federal immigration order; notify, as soon as possible, the emergency contact of a student, faculty, or staff person if there is reason to suspect that the person has been taken into custody as the result of an immigration enforcement action; comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant, except as specified; advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to promptly refer the entity or individual to the office of the chancellor or president, or his or her designee, for purposes of verifying the legality of any warrant, court order, or subpoena; designate a staff person to serve as a point of contact for those who may be subject to immigration actions, as specified; maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it; adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to a specified statute, limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law, as specified; post on its Internet Web site, and provide via email quarterly or each semester to all students, faculty, and staff, and update as often as is necessary, a copy of the policy referenced above, and guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order; and ensure that certain benefits and services provided to undocumented students are continued in the event that they are subject to a federal immigration order. Because this bill would create new duties for community college districts, it would constitute a state-mandated local program. (2) 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 the statutory provisions noted above.
Sponsored bills
Existing law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions. Existing law provides that whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities. This bill would, among other things and subject to exceptions, prohibit state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and would, subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. The bill would apply those provisions to the circumstances in which a law enforcement official has discretion to cooperate with immigration authorities. The bill would require, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. The bill would require, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. The bill would state that, among others, all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy. The bill would require that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, submit a report annually pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney General, by March 1, 2019, and annually thereafter, to report on the types and frequency of joint law enforcement task forces, and other information, as specified, and to post those reports on the Attorney General's Internet Web site. The bill would require law enforcement agencies to report to the department annually regarding transfers of persons to immigration authorities. The bill would require the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified. The bill would require the Department of Corrections and Rehabilitation to provide a specified written consent form in advance of any interview between a person in department custody and the United States Immigration and Customs Enforcement regarding civil immigration violations. This bill would state findings and declarations of the Legislature relating to these provisions. By imposing additional duties on public schools and local law enforcement agencies, 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, 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 the statutory provisions noted above.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority. The authority is responsible for the coordination and integration of all statewide activities concerning emergency medical services. The act requires all health facilities to notify prehospital emergency medical care personnel who have provided emergency medical or rescue services and have been exposed to a person afflicted with a reportable disease or condition that they have been exposed and should contact the county health officer under specified conditions. The act also requires a county health officer to immediately notify prehospital emergency medical care personnel that they have been exposed to a reportable disease or condition that the county health officer determines can be transmitted through oral contact or bodily secretions. This bill would require the health facility infection control officer to give that notice immediately to a designated officer, as defined, upon determining, among other things, that the person to whom the prehospital emergency medical care personnel provided emergency medical or rescue services is diagnosed as being afflicted with a reportable communicable disease or condition, as specified, and to give notice to the county health officer with the name and telephone number of the prehospital emergency medical care personnel. The bill would then require the designated officer to notify the prehospital emergency medical care personnel of the exposure immediately or as otherwise specified. The bill would alternatively require the health facility infection control officer, if the names and telephone numbers of the prehospital emergency care personnel have not been provided to the facility, as specified, to notify the designated officer, as defined, of the employer of the prehospital emergency care personnel and the county health officer, and would require the designated officer to notify the prehospital emergency care personnel, if specified criteria are met. The bill would require a county health officer to notify prehospital emergency care personnel immediately if, in addition to existing requirements, the disease or condition has an urgency reporting requirement or the exposure may have included direct contact, as specified, with an infected person's blood. Under certain circumstances, the bill would require specified information about the act's provisions to be posted on the Internet Web sites of those entities and provided during training to personnel, as specified. The bill would require a health facility infection control officer, as defined, and designated officer, as defined, to be available 24 hours per day, as specified.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a project for flood control along the American and Sacramento Rivers. The projects are authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board. This bill would revise the authorization for the project for flood control along the American and Sacramento Rivers as further modified by a specified report adopted by Congress.
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes the Medi-Cal Children's Health Advisory Panel for the purpose of advising the department on matters relevant to all children enrolled in Medi-Cal and their families. Existing law specifies the composition of the members of the panel, which includes three members who are parents of children who have received specified Medi-Cal services. Existing law requires the department to pay a per-meeting stipend to each advisory panel member who is a Medi-Cal enrollee or parent of a Medi-Cal enrollee. This bill would revise the qualification criteria for the 3 panel positions filled by parent members described above to instead fill those positions with 3 members who are either Medi-Cal enrollees who have received Medi-Cal benefits or services in relation to a pregnancy, or who are a parent, foster parent, relative caregiver, or legal guardian of a Medi-Cal enrollee who is 21 years of age or younger. The bill would provide that a member of the advisory panel appointed on or after January 1, 2018, shall serve a term of 3 years, except as specified, and would specify a procedure for transitioning existing panel membership to those new terms. The bill would authorize the department to remove a member of the advisory panel if the director of the department determines removal is necessary, and would authorize the chair of the panel to recommend removal of a member who obstructs the functions of the panel for cause. The bill would require the chair of the panel to notify the department of a vacancy on the panel, as specified. The bill would expand the requirement to pay a per-meeting stipend to include a foster parent, relative caregiver, or legal guardian of a Medi-Cal enrollee.
This measure would designate November as California Sikh American Awareness and Appreciation Month. The measure would recognize and acknowledge the significant contributions that Californians of Sikh heritage have made to the state and would seek to afford all Californians the opportunity to understand, recognize, and appreciate the rich history and shared principles of Sikh Americans. The measure would also condemn all hate crimes and bias incidents against Sikh Americans and encourage all Sikhs to practice their faith freely and fearlessly.
This measure would designate the month of October 2017 as California Hindu American Awareness and Appreciation Month. The measure would also recognize and acknowledge the significant contributions made by Californians of Hindu heritage to our state. By adoption of this resolution, the Legislature seeks to increase awareness and understanding of the Hindu American community.
This measure would recognize the month of September 2017 as Hmong History Month, urge all citizens to join in celebrating the accomplishments of the Hmong people during Hmong History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that the Hmong people bring to communities in this state.
(1) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) , which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system. The California Public Employees' Pension Reform Act of 2013 (PEPRA) , on and after January 1, 2013, generally requires a public retirement system to modify its plan or plans to comply with the act. Under PEPRA, the term "new member" generally refers to a person who became a member of a public retirement system for the first time on or after January 1, 2013, and was not previously a member of a public retirement system, subject to specified exceptions. PERL requires a member who is incapacitated, as specified, to be retired for disability in accordance with certain provisions if that member meets specified requirements concerning service. Under PERL, the terms "disability" and "incapacity for performance of duty" are defined, as a basis of retirement, to mean disability of permanent or extended and uncertain duration, as determined by the board, except with respect to certain local safety members. This bill would redefine those terms to specify that the duration of the disability or incapacity must be expected to last at least 12 consecutive months or result in death. The bill also would revise and recast the definition of final compensation for local members. PERL allows a person who is retired for disability to work without reinstatement from retirement in certain circumstances. PEPRA supersedes PERL and prohibits a retired person from being employed by a public employer in the same retirement system without reinstatement from retirement. This bill would delete that superseded provision of PERL. Existing law prescribes industrial disability retirement benefits for state miscellaneous and industrial members of PERS who are subject to second tier benefits, as specified. Existing law further prescribes the nonindustrial disability retirement pension for those members and establishes a formula for computing this pension benefit. This bill would make these provisions applicable to state miscellaneous or state industrial members who became members on or after January 1, 2013, and who have elected a specified service retirement allowance. The bill would also revise the nonindustrial disability retirement formula. (2) PERL requires the board, by rule, to provide for conducting structured preretirement information seminars for the benefit of all members who have attained age 45. This bill would expand that provision to authorize the board to provide education, including structured preretirement information seminars, for the benefit of all members. (3) The Teachers' Retirement Law establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan. The plan provides a defined benefit based on final compensation, credited service, and age at retirement, subject to certain variations. That law defines creditable service to mean any of specified activities performed for various employers. This bill would authorize a person who was employed by a school employer before January 1, 2018, in a position that includes activities meeting the definition of creditable service under the Teachers' Retirement Law, and whose service was reported to PERS, to continue to retain membership in PERS and have past and future service credited to PERS if that person was not enrolled in the State Teachers' Retirement Plan for that same service and is not otherwise excluded from PERS membership. The bill also would authorize a school member who performs creditable service under the Teachers' Retirement Law and has not yet retired, to elect to have all of that service and subsequent service subject to coverage by STRS and excluded from PERS coverage, if the member is not excluded from coverage by STRS, in accordance with certain requirements. (4) PERL defines "compensation earnable" by a member, excluding new members subject to PEPRA, to mean the payrate and special compensation, as defined, of the member or school member. Under PERL, the definition of special compensation includes a payment received for special skills, knowledge, abilities, work assignment, workdays or hours, or other work conditions. That law requires special compensation to be for services rendered during normal working hours, and the employer, when reporting this information to the board, is required to identify the pay period in which the special compensation was earned. This bill would require the employer, when reporting this information to the board, to identify each item of special compensation and the category under which that item is listed, as described in regulations promulgated by the board, and to report each item of special compensation separately from payrate. (5) Under existing law, the PERS board is required to annually transfer funds to separate supplemental state and school accounts to fund the purchasing power protection allowance of retirees, survivors, and beneficiaries of state or school employers. Existing law requires the amounts transferred to be the lesser of (1) the amount necessary to increase all monthly allowances paid by PERS to retirees, survivors, and beneficiaries of state or school employers to 75% of the purchasing power of the initial monthly allowances or (2) one and one-tenth percent of the net earnings on state or school member contributions, as determined by the board in accordance with a related provision. This bill would revise the second part of the above provision to delete the reference to net earnings. (6) Under PERL, if a member applies for a refund of accumulated contributions, elects an optional settlement, designates a beneficiary, or changes an existing beneficiary designation, the application, election, or designation is required to contain the signature of the current spouse of the member, unless a specified exception applies. This bill would specify that a spouse's signature is not required on a designation of the member's current spouse as the member's sole primary beneficiary on any lump-sum beneficiary designation, or, under other specified criteria, on the member's election of an optional settlement designating the member's spouse as the sole primary beneficiary. Existing law permits a member of PERS to elect from among several optional settlements for the purpose of structuring his or her retirement allowance, which may result in a reduction of the allowance paid to the member in relation to the payments to his or her beneficiary after the member's death. Existing law also authorizes a member who elects to receive specified optional settlements to elect to waive the provision for an increase to his or her allowance due to the death of his or her beneficiary and instead have his or her allowance based upon the waiver of this benefit. This bill would extend those optional settlements for members due to dissolution of marriage or legal separation in which the judgment dividing the community property awards total interest in PERS to the member, or in an annulment of the marriage in which a court confirms the annulment, or to a waiver of entitlement to the allowance by the nonspouse beneficiary. Existing law, applicable to PERS members who retire on or after January 1, 2018, establishes a retirement option called the Flexible Beneficiary Option 4. This option permits a PERS member to elect to have a retirement allowance paid until his or her death and thereafter to have a monthly allowance paid to his or her named beneficiary or beneficiaries for life. With this option, the member may select a monthly allowance payable to the named beneficiary or beneficiaries from either a specific dollar amount or a specific percentage of the member's allowance. This bill would authorize a court, upon receipt of documentation by the PERS board, to order the member to select this option to provide the nonmember spouse with a lifetime monthly allowance equal to the nonmember spouse's interest in PERS, as defined by court order and in compliance with specified family law provisions. The bill also would make related clarifying changes to other provisions related to optional settlements for PERS members. The Judges' Retirement System and the Judges' Retirement System II are administered by the board of PERS. Existing law permits a member of these retirement systems to select from various optional settlements for the purpose of structuring his or her retirement benefits and provides for adjustments due to dissolution of marriage, legal separation, or annulment. This bill would revise those provisions to clarify that the legal separation must be filed and the annulment must be confirmed by the court.
Existing law requires, when the state constructs, acquires, or receives as a gift an office building that can accommodate 700 or more state employees, adequate space to be designated within the building to meet the child care needs of those employees, if a review by the Department of General Services and a specified advisory committee shows sufficient need for child care services for 30 or more children. Existing law also authorizes the director to secure space in any adequate facility for the same purposes if funds for the offsite facilities are made available, as specified. Existing law requires that the indoor area not exceed 2,100 square feet, nor be less than that required to accommodate 30 children, excluding space for restrooms, kitchen facilities, storage areas, and teacher offices and that the outdoor play area space correspond with the indoor play area as described in specified regulations. This bill instead would replace those space requirements with a requirement that the indoor activity space and outdoor activity space comply with requirements in the specified regulations.