Sen. Mark DeSaulnier

This measure requests the United States government to restrict swordfish imports unless and until there is a process by which a nation seeking to export swordfish or swordfish products to the United States provides reasonable proof of the effects on marine mammals of the commercial fishing technology used to obtain the swordfish or swordfish products, and the National Marine Fisheries Service receives that proof and determines that the proof demonstrates that the swordfish or swordfish products to be imported were not caught with commercial fishing technology that results in the incidental kill or incidental serious injury of marine mammals in excess of United States standards.

This measure would urge the President and the Congress of the United States to act to establish a federally controlled Alzheimer's Silver Alert program to locate missing persons with dementia and establish a federal grant program to aid states in establishing local Silver Alert programs.

Existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical or nonmedical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would also provide that any person, not including medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission, as long as that act or omission does not constitute gross negligence or willful or wanton misconduct. This bill would declare that it is to take effect immediately as an urgency statute.

Under existing law, states' attorneys general and various tobacco product manufacturers have entered into a Master Settlement Agreement, in settlement of various lawsuits, that provides for the allocation of money to the states and certain territories. The state has entered into a memorandum of understanding providing for the allocation of the state's share of moneys to be received under the Master Settlement Agreement between the state and the various local governments of the state. The Attorney General, on behalf of the state, has entered into the California escrow agreement with the California escrow agent named in the agreement relating to the division between the state and the participating jurisdictions of amounts payable under the Master Settlement Agreement. Existing law sets forth the duties of the California Infrastructure and Economic Development Bank and its board of directors generally in performing various financing transactions, including the issuance of bonds or the authorizing of the issuance of bonds by a trust, partnership, limited partnership, association, corporation, nonprofit corporation, or other entity, known as a special purpose trust. Under existing law, the bank is authorized to sell for, and on behalf of, the state all or any portion of the state's tobacco assets, as defined, to a special purpose trust consisting of a not-for-profit corporation. This bill would authorize the Attorney General to negotiate amendments to the Master Settlement Agreement, the memorandum of understanding, and the California escrow agreement, provided that those amendments do not materially adversely alter, limit, or impair the rights to receive tobacco assets sold to the special purpose trust, nor in any way materially impair the rights and remedies of bondholders or the security for their bond until those bonds, together with the interest on the bonds and costs and expenses in connection with any action or proceeding on behalf of the bondholders, are fully paid and discharged. This bill would declare that it is to take effect immediately as an urgency statute.

The Teachers' Retirement Law establishes certain retirement benefits and procedures for the administration of those benefits to retired public schoolteachers and other persons formerly employed in connection with the schools, as specified. Existing law requires that certain documents relating to benefits under that retirement system be signed, as specified. This bill would require that, for an application or document requiring a signature, that signature be in a form prescribed by the retirement system, including on paper or made by electronic means. Existing law authorizes a retired member, disabled member, or beneficiary to specify that monthly benefit payments be disbursed by direct deposit, direct mail to a financial or other institution, or by mailing to a payment address provided by the retired member, disabled member, or beneficiary. Existing law requires a member or beneficiary to whom a lump-sum payment or benefit is to be disbursed to specify the mailing address for the payment. This bill would apply the above provisions relating to the method of receiving benefit payments and the mailing address for lump-sum payments to a member, nonmember spouse, or beneficiary. The bill would provide that a member, nonmember spouse, or beneficiary to whom a lump-sum payment or benefit is to be disbursed, and who is receiving payment for an ongoing benefit by electronic funds transfer, may have the lump-sum payment disbursed by electronic funds transfer to the financial institution on file for payment of the ongoing benefit. The bill would require the retirement system to make available an electronic copy of the benefit payment information to any member, nonmember spouse, or beneficiary who receives a monthly benefit payment. The bill would also require the retirement system to send a copy of the benefit payment information to any member, nonmember spouse, or beneficiary when there is an adjustment in the allowance, or a change in any amount deducted from the allowance. Existing law requires the Teachers' Retirement Board to send a copy of the benefit payment information to any retired member, disabled member, or beneficiary who has payments transmitted by direct deposit or by mail to a financial institution, unless the board has received a written request from that person not to send a copy of the information. This bill would delete the provision that requires the Teachers' Retirement Board to send a copy of the benefit payment information to any retired member, disabled member, or beneficiary who has payments transmitted by direct deposit or by mail to a financial institution. The bill would instead require the board to notify the member, nonmember spouse, or beneficiary that he or she has the right to request that a copy of the benefit payment information be mailed. The bill would require the board to send a copy of the benefit payment information if the system has received a written request from that person.

Existing law allows taxpayers, until January 1, 2010, to contribute amounts in excess of their personal income tax liability for the support of the California Fund for Senior Citizens. Existing law repeals the contribution provisions for this fund either on the September 1 following the calendar year for which the Franchise Tax Board estimates that the minimum contribution amount will be less than a prescribed amount or on January 1, 2010, whichever occurs first. This bill would, under this latter limit, extend the operation of those contribution provisions until January 1, 2015.

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, administration over the California Community Care Facilities Act, which, with certain exceptions, requires community care facilities, as defined, to meet prescribed licensing standards. Existing law exempts housing for elderly or disabled persons that are approved and operated pursuant to prescribed provisions of federal law from licensing requirements applicable to community care facilities, residential care facilities for persons with life-threatening illness, and residential care facilities for the elderly. This bill would, instead, exempt housing occupied by elderly or disabled persons under a regulatory agreement pursuant to these provisions of federal law, and would also exempt housing that qualifies for a low-income housing credit under provisions of the federal Tax Reform Act of 1986 or is subject to the requirements for dwellings for low-income families pursuant to the federal Housing and Community Development Act of 1974, and that is occupied by elderly or disabled persons, or both.

This measure would designate the month of September 2009 as Prostate Cancer Awareness Month in the State of California and would encourage public officials and citizens to observe the month with appropriate activities and programs.

This measure would designate the portion of State Highway Route 680 that is between the Benicia-Martinez Bridge in Contra Costa County and State Highway Route 24 in the City of Walnut Creek as the Senator Daniel E. Boatwright Highway. The 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 that cost, to erect those signs.