Existing law requires a state agency to meet certain requirements with respect to purchasing recycled products, as specified. Existing law requires a local public entity, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products whenever recycled products are available, as specified, and authorizes a local public entity to give preference to suppliers of recycled products. The Target Area Contract Preference Act requires the state, when preparing a solicitation for a contract for goods or services in excess of $100,000, to award a preference to a California-based company that meet specified requirements, and the act also limits the maximum preference for a bidder under that act and all laws to a cumulative 15% or $100,000, as provided. This bill would require a state agency that accepts bids or proposals for a contract for electronic goods to provide a preference of 5%, as specified, to a company that offers to fulfill the contract only with refurbished electronics, as defined. This bill would also specify that the maximum preference under this bill and all laws is a cumulative 15% or $100,000, as provided.
(1) The Warren-Alquist State Energy Resources Conservation and Development Act (act) establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires the commission to prepare a biennial integrated energy policy report containing specified information related to major energy trends and issues facing the state, as well as a biennial energy policy review. This bill would require the Energy Commission, beginning on January 1, 2013, as a component of the integrated energy policy report, to conduct a study of the effect of liquefied natural gas imports and exports on the state's energy demand. The bill would require the Energy Commission to create and maintain a matrix of information regarding liquefied natural gas terminal projects. The bill would also require a liquefied natural gas terminal project applicant to include in the application evidence that it has consulted with the United States Department of Defense and its impacted service components. For a project involving the construction or operation of a liquefied natural gas terminal for which an application submitted to the Federal Energy Regulatory Commission (FERC) or the United States Maritime Administration has not been deemed data adequate on or before January 1, 2013, and the application is being processed for further action by the FERC or the United States Maritime Administration, an environmental impact report prepared for that project by a lead agency would be required to contain specified information. By requiring a local agency to prepare an environmental impact report that contains specified information, the bill would increase the level of service provided by a local agency, thereby imposing 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 no reimbursement is required by this act for a specified reason.
(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to adopt regulations that establish minimum standards regarding the percentage of hours of credit instruction that full-time instructors are required to teach. This bill would prohibit a full-time faculty member, as defined, for a community college district from being assigned a workload that includes overload or extra assignments if the overload or extra assignments exceed 50% of a full-time workload in a semester or quarter that commences on or after January 1, 2013. The bill would provide that this prohibition shall not apply to a summer or intersession term, and not supersede the pertinent requirements of a collective bargaining agreement containing restrictions regarding limitations on overload or extra assignments that are more stringent than the limitations imposed by the bill. With respect to a community college district with a collective bargaining agreement that, as of January 1, 2013, prohibits a full-time faculty member from being assigned a workload that includes overload or extra assignments if the overload or extra assignments exceed 50% of a full-time workload, the prohibition in the bill would become operative on January 1, 2014. The prohibition in the bill would also apply to the workload of supervisory or managerial personnel of a community college district who are performing faculty work that is allowed under an applicable collective bargaining agreement. To the extent that this bill would impose new duties on 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 these statutory provisions.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would require health care service plans and health insurers to annually, commencing on the date specified health plans are required to report certain information under the federal Patient Protection and Affordable Care Act, provide specified information regarding their plan contracts or policies to the Department of Managed Health Care or the Department of Insurance, as applicable, including claims payment policies and practices, periodic financial disclosures, and data on enrollment and disenrollment, as specified. The bill would authorize the Director of the Department of Managed Health Care and the Insurance Commissioner to adopt rules and regulations necessary to implement these provisions, as specified. The bill would also require the Department of Managed Health Care and the Department of Insurance to work with stakeholders to determine the form and manner of reporting the data according to these provisions and to avoid redundant reporting, and would authorize these departments to waive specified reporting requirements or modify the timeframe of existing reporting requirements, as specified. Because a willful violation of this reporting requirement by a health care service plan would be a crime, the 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.
Existing law authorizes an applicant for, or recipient of, public social services who is dissatisfied with certain actions of the county welfare department to request a hearing from the state department administering the social services. Existing law requires the hearing to be conducted by an administrative law judge, with an exception, and authorizes the administrative law judge, under certain circumstances, to render and adopt final decisions, with which decision the county director is required to comply and execute. This bill would require the county appeals representative to review all evidence in the county's possession prior to the hearing and, if the representative finds prescribed occurrences, to offer the claimant a conditional withdrawal or notice of action, as specified. This bill would require the conditional withdrawal to list the agreed-upon conditions that the claimant is required to meet, and require the county to issue any benefits for which the claimant is eligible following the claimant's meeting of those conditions. This bill would authorize a claimant to file for and reopen a state hearing under certain circumstances, at which the administrative law judge may render a decision. This bill would authorize a claimant to request a hearing conducted by telephone, or other electronic means, or at his or her home. This bill would require that certain notices relating to the hearing contain prescribed information. This bill would require the state department administering the social services to determine the format of the hearing if the county and the claimant disagree on its format. Existing law requires, if regulations require an agency to write a position statement concerning the issues in question in a fair hearing or if the agency chooses to develop such a statement, that not less than 2 working days prior to the date of the hearing the agency make available to the applicant for, or recipient of, public social services a copy of the agency's position statement, with an exception. This bill would require the county representative to prepare and transmit to a claimant who is scheduled for specified types of hearings and his or her representative the position statement so that it is received at least 2 working days prior to the hearing. This bill would require the administrative law judge to determine whether the county has met its burden of proof of establishing a prima facie case, with exceptions. This bill would require the administrative law judge to grant the claim if the judge finds that the county has not met its burden. By imposing a higher level of service on county appeals representatives, 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. This bill would make its provisions operative upon the State Department of Social Services making a specified finding on its Internet Web site relating to the modification of court orders regarding penalties payable to claimants, as agreed to by the parties, in 2 specified cases.
(1) Existing law requires the department to charge traffic violator school owners, operators, and instructors fees for certain activities related to traffic violator school programs, including the issuance of a branch or classroom location license. These fees are required to be set to defray the actual cost to the department to administer the traffic violator school program, except for the costs for routine monitoring of instruction. This bill, until January 1, 2015, would revise the activities for which the department is authorized to impose certain of these fees and would authorize the department to charge fees instead for an approval for a branch office or a classroom location or the renewal of an approved branch office or current classroom location. The bill would require all of these fees to be equal to the fees charged for the 2011–12 fiscal year, except the fee for the renewal of an approved current classroom location would be required to be set at $50 per year per location. The bill would, as of January 1, 2015, delete those proposed revisions and would reestablish the fee requirements imposed under existing law. (2) Existing law requires the court to collect a single administrative fee that is assessed against a driver traffic violator who attends traffic violator school, and requires the fee to include the cost of routine monitoring of traffic violator school instruction. This bill, until January 1, 2015, would instead require the amount of the administrative fee assessed and collected by the court to be set by the department at an amount sufficient to defray the actual costs to the department to administer the provisions regulating the traffic school violator program, except for the costs defrayed by the fees authorized for specific department activities described in (1) above. The bill would, as of January 1, 2015, delete that proposed change and would reestablish the fee amount required under existing law.
The County Employees Retirement Law of 1937 authorizes counties and districts to establish retirement systems pursuant to its provisions in order to provide pension benefits to employees. The County Employees Retirement Law of 1937 authorizes the Board of Supervisors of the County of San Mateo to provide any retirement benefits pursuant to that formula for some, but not all, general members or safety members of the county. Existing law further authorizes that county, by resolution, to require safety members to pay all or part of the contributions by a member or employer, or both, subject to certain limitations and conditions. This bill would authorize the Board of Supervisors of Marin County to provide a service retirement formula known as 3% at age 55 for safety members hired on or after January 1, 2013, as specified. The bill would authorize different retirement benefits pursuant to that formula for different bargaining units of safety members and the unrepresented groups of safety employees in similar job classifications and the supervisors and managers of those employees. The bill would also permit an ordinance or resolution adopted by the board to require safety members to pay part of the contributions by a member or employer, or both. The bill would require that the payment by a safety member become part of the accumulated contributions of the safety member. The bill would authorize the board, by means of a resolution, ordinance, contract, or contract amendment, to make the above-described provisions applicable to safety members in Marin County who are first hired on or after January 1, 2013.
Existing law authorizing contracting between state agencies and private contractors sets forth requirements for the procurement of goods and services by state agencies. The Corporation Tax Law imposes taxes measured by income and, in the case of a business with income derived from or attributable to sources both within and without this state, apportions the business income between this state and other states and foreign countries in accordance with a 4-factor formula based on the property, payroll, and double-weighted sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to elect to apportion its business income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. This bill would, except as specified, prohibit a state agency from entering into a contract for goods and services with a person or entity that apportions its business income in accordance with the 4-factor formula.
This measure would recognize the importance of the Great Wall of Los Angeles to the people of California and would request that the Department of Transportation erect informational signs on State Highway Route 170, in the County of Los Angeles, directing motorists to the Great Wall of Los Angeles, consistent with the signing requirements for the state highway system and upon receiving donations from nonstate sources sufficient to cover the cost.
(1) Existing law establishes the procedure for a person to change his or her name. In the case of a petition for the name change of a person under 18 years of age, existing law requires the petition to include the name and address of the minor's parent or parents, as specified, and requires a minor's nonconsenting parent to be served with notice of the time and place of the hearing. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed, except as specified. Existing law also authorizes an address confidentiality program for victims of domestic violence, sexual assault, or stalking for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise providing for confidentiality of identity for that person, subject to specified conditions. Existing law provides that if a petition for a change of name alleges a specified reason or circumstance and the petitioner is a participant in the address confidentiality program, the action for a change of name is exempt from the publication requirement. This bill would authorize a court, until January 1, 2016, to waive the above-described requirements for publication and notice if the court finds in writing or on the record that a waiver is necessary, and upon a showing by the petitioner that the child and petitioner are participants in the address confidentiality program, that the court has issued a final order that awards the petitioner sole custody of the child and does not grant the nonpetitioning parent any visitation with the child, as specified, that the child is protected by an order pursuant to the Domestic Violence Prevention Act that prevents the nonpetitioning parent from having contact with the child until the child is 18 years of age or older, and that the nonpetitioning parent is not subject to an order to pay child support for the minor. If a court waives the publication and notice requirements described above and enters an order granting a child's change of name petition, this bill would, until January 1, 2016, require the petitioner to provide notice of the child's name change to the nonpetitioning parent by serving the nonpetitioning parent with a copy of the order, as specified. This bill would also require the Judicial Council to study the effect of waiving the publication and notice requirements, as described above, and to report all of its findings to the Legislature on or before April 1, 2015, as specified. The bill would, until January 1, 2016, require any court that waives the publication and notice requirements and enters an order granting a child's change of name petition to provide a copy of the order to the Judicial Council, as specified. This bill would also revise the provisions that authorize a petition for change of name to be exempt from the notice and publication requirements described above to require the petitioner to establish that he or she is an active participant in the address confidentiality program and that the name that he or she is seeking to acquire is on file with the Secretary of State. (2) Existing law requires a petition or application for change of name to be heard at a hearing if objections are filed by any person who can show good reason against the name change. Existing law authorizes the court to examine on oath any of the petitioners, remonstrants, or other persons, touching the petition or application, and to enter an order granting the change of name or dismissing the petition or application, as specified. This bill would require a court, in any hearing pursuant to the provisions described above in which a petition is filed to change the name of a minor, to permit a child who is 14 years of age or older to address the court regarding the proposed name change if the child wishes to do so, unless the court finds that it would not be in the best interest of the child and states the reasons for that finding on the record.
Existing law authorizes the Department of Fish and Game to enter into contracts for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department's duty to preserve, protect, and restore fish and wildlife. The Wildlife Conservation Law of 1947 specifically authorizes the Wildlife Conservation Board to authorize the Department of Fish and Game to acquire real property, including easements, for the benefit of wildlife. This bill would require the department to allow compatible hunting, fishing, and other recreational activities, on land subject to a wildlife conservation easement or a fish and wildlife habitat contract, except as specifically prohibited in the applicable easement, contract, or memorandum of understanding, or by other applicable law.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires the board of governors to designate the headquarters for each of its employees, except as provided. This bill would remove that requirement and would authorize the board of governors to appoint a person without permanent civil service status to a position classified as a career executive assignment, for the position of vice chancellor or assistant vice chancellor, if the person has a minimum of 5 years of specified work experience, previously held permanent status in the civil service, was employed by the Legislature for 2 or more consecutive years, or held for 2 or more consecutive years one or more nonelected exempt positions in the executive branch.
