Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody, in situations when gaining immediate physical custody is either impracticable or impossible. This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from criminal custody, unless, at the time that the individual becomes eligible for release from criminal custody, certain conditions are met.
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Existing law, the Ralph M. Brown Act (Brown Act) , requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law authorizes the district attorney or any interested person to file an action by mandamus, injunction, or declaratory relief to, among other things, determine the applicability of the act to actions or threatened future actions of the legislative body. This bill would prohibit a district attorney or an interested person from filing an action for an alleged violation of the Brown Act for past actions of a legislative body, unless certain conditions are met, including, but not limited to, a requirement that the district attorney or interested person submit a cease and desist letter to the legislative body being accused of the violation setting forth the alleged violation, and the legislative body has failed to issue an unconditional commitment to cease and desist from the alleged past action within 30 days of receiving the letter. The bill would require the unconditional commitment to cease and desist from the alleged past action to meet certain requirements. The bill would require that an action filed to challenge an alleged violation of the Brown Act pursuant to these provisions be dismissed with prejudice if the legislative body enters into an unconditional commitment to cease and desist from the alleged past action. The bill would authorize the legislative body to enter into an unconditional commitment to cease and desist from the alleged action at any time, unless the plaintiff succeeds in a civil action against the legislative body and is awarded attorney's fees. The bill would provide that if an action filed to challenge an alleged violation of the Brown Act pursuant to these provisions is dismissed with prejudice because the legislative body has entered into an unconditional commitment to cease and desist from the alleged action after the 30-day period described above, and if the filing of that action caused the legislative body to enter into the unconditional commitment, then a court shall award costs and reasonable attorney fees to the plaintiff. The bill would require a legislative body that wishes to rescind a commitment to do so by a majority vote of the membership of the legislative body.
(1) The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of a person, to provide a copy of a public record unless the record is exempt from disclosure. The act requires an agency that has information that constitutes an identifiable public record not otherwise exempt from disclosure that is in an electronic format to make that information available in an electronic format when requested by a person. The act requires the agency to make the information available in an electronic format in which it holds the information. This bill would make technical, nonsubstantive changes to these provisions. (2) Existing law requires certain state and local agencies to make specified data or documents available to the public by various methods, including on the Internet. This bill would require the State Chief Information Officer to conduct a study to determine the feasibility of providing electronic records in an open format, as specified, and to provide a copy of the study to the chairs of specified Senate and Assembly committees by January 1, 2014.
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Digital Open Source Library, under the administration of the California State University, in coordination with the California Community Colleges, for the purpose of housing open source materials while providing an Internet Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The bill would provide that the California State University would also act in coordination with the University of California in administering the California Digital Open Source Library if the regents act, by appropriate resolution, to authorize the university to participate in the administration of the library. The bill would require that the materials in the library bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts. The bill would provide that the provisions added to the Donahoe Higher Education Act by the bill would become operative only if funding for the purposes of this bill is provided in an appropriation in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds. The bill would become operative only if SB 1052 becomes operative on or before January 1, 2013, and establishes the California Open Education Resources Council.
Existing law generally regulates the conduct of employers in the state. This bill would prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. This bill would also prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Under existing law, the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement in the Department of Industrial Relations, is required to establish and maintain a field enforcement unit to investigate specified violations of the Labor Code and other labor laws and to enforce minimum labor standards. Existing law authorizes, and under specified circumstances requires, the Labor Commissioner to investigate employee complaints of violations of the Labor Code, provide for a hearing, and determine all matters arising under his or her jurisdiction. This bill would provide that the Labor Commissioner is not required to investigate or determine any violation of a provision of this bill.
(1) The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Open Education Resources Council under the administration of the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges, or a successor group. The bill would specify that the council would have 9 members, including 3 faculty members from each of the public postsecondary segments, selected by the respective faculty senates of each segment. The bill would require the appointments to the council to be made no later than 90 days after the bill becomes operative. The bill would require the California Open Education Resources Council to determine a list of 50 lower division courses in the public postsecondary segments for which high-quality, affordable, digital open source textbooks and related materials would be developed or acquired, as specified, pursuant to the bill. The bill would also require the council to review and approve developed open source materials and to promote strategies for production, access, and use of open source textbooks to be placed on reserve at campus libraries in accordance with this section. The bill would require that the council regularly solicit and consider, from each of the statewide student associations of the University of California, the California State University, and the California Community Colleges, advice and guidance on open source education textbooks and related materials, as specified. The bill would require the council to establish a competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds to produce, in 2013, 50 high-quality, affordable, digital open source textbooks and related materials, meeting specified requirements. The bill also would require the council to submit a report to the Legislature and the Governor on the progress of the implementation of these provisions by no later than 6 months after the bill becomes operative and to submit a final report by January 1, 2016. (2) Existing law requires publishers, as defined, to provide a captioned format of instructional materials, as defined, or an electronic format of those materials and a license to create a captioned format of the materials, upon request by a public postsecondary educational institution, and authorizes the public postsecondary educational institution to create a captioned format, subject to prescribed conditions, if the publisher provides a license to create the captioned format or fails to respond to a request for a captioned format. Existing law prescribes various requirements with respect to use and distribution of electronic and captioned formats of instructional materials by public postsecondary educational institutions that choose to participate in the request process. This bill would include digital open source textbooks and related materials within the definition of instructional materials for the purposes of this provision. The bill would prescribe a procedure for this request process relating to digital open source textbooks if and when the California Open Source Digital Library is established pursuant to statute. (3) These provisions would become operative only if funding for the purposes of this bill is provided in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds.
Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Asian rice-based noodles to place labels on the Asian rice-based noodles that indicate the date and time of manufacture and include a warning that the Asian rice-based noodles are perishable and must be consumed within 4 hours of manufacture. Existing law prohibits the sale of Asian rice-based noodles unless they have this labeling. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. The law requires the State Department of Public Health to adopt regulations to implement and administer those provisions, and delegates primary enforcement duties to local health agencies. This bill would revise the definition of Asian rice-based noodles, as specified, and require the labels to instead indicate the date and time that the Asian rice-based noodles first came out of hot holding, as specified. This bill would exempt Asian rice-based noodles from these labeling requirements if the Asian rice-based noodles meet specific criteria. Existing law authorizes the sale of Asian rice-based noodles, as defined, that have been at room temperature for no more than 4 hours, and requires that Asian rice-based noodles that have been kept at room temperature be consumed, cooked, or destroyed within 4 hours of manufacture. This bill would require Asian rice-based noodles kept at room temperature to be segregated for destruction after 4 hours of the date and time labeled on the product. This bill would exempt Asian rice-based noodles from the above-described time-temperature requirements if the Asian rice-based noodles meet specific criteria. By imposing new enforcement duties upon local 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 these statutory provisions.
Existing law establishes and sets forth the missions and functions of the public and independent institutions of postsecondary education in the state. This bill would prohibit public and private postsecondary educational institutions, and their employees and representatives, from requiring or requesting a student, prospective student, or student group to disclose, access, or divulge personal social media, as defined, information, as specified. The bill would prohibit a public or private postsecondary educational institution from threatening a student, prospective student, or student group with or taking specified pecuniary actions for refusing to comply with a request or demand that violates that prohibition. The bill would require a private nonprofit or for-profit postsecondary educational institution to post its social media privacy policy on the institution's Internet Web site.
(1) Existing provisions of the Political Reform Act of 1974 require a committee, as defined, to file a statement of organization with the Secretary of State and, as applicable, to file semiannual campaign statements. This bill would require the Secretary of State to charge each committee that is required to file a statement of organization, and would require each committee to pay, except as specified and subject to specified deadlines, a fee of $50 per year until the committee is terminated. (2) Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers, as defined, in connection with attempts to influence legislative and administrative action by legislative and other state officials. The act requires that lobbying firms and lobbyist employers register with the Secretary of State, and authorizes the Secretary of State to charge each lobbying firm and lobbyist employer a fee of up to $25 per year for each lobbyist required to be listed on its registration statement. This bill instead would require the Secretary of State to charge each lobbying firm and lobbyist employer a fee of $50 per year for each lobbyist required to be listed on its registration statement. (3) This bill would establish the Political Disclosure, Accountability, Transparency, and Access Fund in the State Treasury and require that moneys collected as fees from committees, as described in (1) above, and one-half of fees collected from lobbying firms and lobbyist employers, as described in (2) above, be deposited in this fund. The bill would require that the other 12 of the fees collected from lobbying firms and lobbyist employers be deposited in the General Fund. The bill would require that moneys deposited in the Political Disclosure, Accountability, Transparency, and Access Fund be expended for the maintenance, repair, and improvement of the online or electronic disclosure program implemented by the Secretary of State, except that the bill would also allow the Secretary of State to use these moneys for purposes of implementing the bill. The bill would provide that expenditures from this fund for purposes of the maintenance, repair, and improvement of the online or electronic disclosure program are subject to the project approval and oversight process established by the California Technology Agency, as specified. (4) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Existing law permits the tenant to quit the premises after notification and limits the tenant's obligation for payment of rent, as specified. Existing law requires the notice to terminate the tenancy to be given within 180 days of the date the order was issued or the report was made, or as specified. This bill would include abuse of an elder or a dependent adult, as defined, among the acts for which a tenant may terminate a tenancy under the above provisions. The bill would also include a copy of a protective order among the approved documents required to be provided to the landlord with a notice to terminate a tenancy under the above provisions. Existing law prohibits a landlord from terminating a tenancy or failing to renew a tenancy based upon an act of domestic violence, sexual assault, or stalking against a protected tenant, as defined, or a protected tenant's household member when that act is documented by a temporary restraining order, emergency protective order, or a written report, as specified, and the person who is restrained from contact with the protected tenant under the protection order, or is named in the police report of that act is not a tenant of the same dwelling unit. This bill would include protective orders among the documents that may be provided to establish domestic violence, sexual assault, or stalking against a protected tenant or a protected tenant's household member under the above provisions. The bill would also include abuse of an elder or a dependent adult among the acts for which a landlord may not terminate a tenancy or fail to renew a tenancy under the above provisions. Existing law requires the Judicial Council, on or before January 1, 2012, to develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds described above as an affirmative defense to an unlawful detainer action. This bill would require that action by the Judicial Council to be taken on or before January 1, 2014.