Legislature LegislatureIn the State Senate, Nell Soto won a special election to fill the vacancy caused by the election of Senator Joe Baca to the U.S. Congress in December 1999, to fill the vacancy left by the death of Congressman George Brown.
Democratic Caucus Chair Jack O'Connell, was appointed to the Senate Rules Committee, replacing Patrick Johnston. Senate Minority Leader Ross Johnson stepped down as leader and was replaced by Republican Caucus Chair James Brulte. Senator Charles Poochigian was elected to replace Senator Brulte as Caucus Chair. Senator Johnson replaced Senator John Lewis on Senate Rules at the end of session.
The following State Senators are termed out of office in 2000:
|
Years of Senate Service |
Years of Assembly Service |
|
|
Tom Hayden (D) |
8 |
10 |
|
Teresa Hughes (D) |
8 |
17 |
|
Patrick Johnston (D) |
8 |
9 |
|
David Kelley (R) |
8 |
14 |
|
Tim Leslie (R) |
8-1/2 |
|
|
John Lewis (R) |
9-1/2 |
10-1/2 |
|
Richard Mountjoy (R) |
8-1/2 |
17-1/2 |
|
Cathie Wright (R) |
8 |
12 |
Senator Hilda Solis won her bid for U.S. Congress, besting incumbent Matthew Martinez, and most likely will win the General Election. Senator Adam Schiff decided to run for U.S. Congress against Congressman James Rogan. A special election will be held in 2001 to replace Hilda Solis.
Senators Dave Kelley and Tim Leslie are running for State Assembly and former State Senator and Assemblymember Phil Wyman is also running for the Assembly. Also, former State Senator Larry Stirling is a candidate for State Senate, running against Senator Dede Alpert.
In the Assembly, Speaker Antonio Villaraigosa served as Speaker and Assemblymember Robert Hertzberg was elected to replace him. Audie Bock was elected to fill the vacancy caused by Assemblyman Don Perata's election to the State Senate in 1999 to fill the vacancy caused by Senator Barbara Lee's election to U.S. Congress. Assemblymember Bock was the first Green Party candidate to win a state election. Assemblymember Bock has since changed party designations, becoming an Independent. Senator Nell Soto's former Assembly seat was vacant during 2000.
The following is a list of Assembly members who are being term limited out of office and the House Resolution number which designates their retirement.
|
Richard Ackerman (R) |
HR 62 |
Candidate for State Senate |
|
Steve Baldwin (R) |
HR 67 |
|
|
James F. Battin (R) |
HR 83 |
Candidate for State Senate |
|
Scott Baugh (R) |
HR 66 |
|
|
Marilyn C. Brewer (R) |
HR 72 |
|
|
James Cunneen (R) |
HR 85 |
Candidate for U.S. Congress |
|
Susan Davis (D) |
HR 68 |
Candidate for U.S. Congress |
|
Denise Moreno Ducheny (D) |
HR 84 |
|
|
Richard Floyd (D) |
HR 78 |
Unsuccessful candidate for State Senate |
|
Peter Frusetta (R) |
HR 71 |
|
|
Martin Gallegos (D) |
HR 87 |
Possible candidate for Senator Solis' Senate Seat |
|
Brett Granlund (R) |
HR 79 |
|
|
George House (R) |
HR 90 |
|
|
Howard Kaloogian (R) |
HR 88 |
|
|
Wally Knox (D) |
HR 81 |
Unsuccessful candidate for State Senate |
|
Sheila James Kuehl (D) |
HR 80 |
Candidate for State Senate |
|
Ted Lempert (D) |
HR 63 |
|
|
Mike Machado (D) |
HR 76 |
Candidate for State Senate |
|
Richard Margett (R) |
HR 93 |
Candidate for State Senate |
|
Kerry Mazzoni (D) |
HR 75 |
|
|
Tom McClintock (R) |
HR 91 |
Candidate for State Senate |
|
Keith Olberg (R) |
HR 77 |
|
|
Thomas "Rico" Oller (R) |
HR 86 |
Candidate for State Senate |
|
Bruce Thompson (R) |
HR 64 |
|
|
Antonio Villaraigosa (D) |
HR 95 |
Candidate for Mayor of Los Angeles |
Other Assembly members who are not returning to the State Assembly are, as follows:
|
Mike Honda (D) |
HR 92 |
Candidate for U.S. Congress |
|
Jack Scott (D) |
HR 82 |
Candidate for State Senate |
|
Tom Torlakson (D) |
HR 74 |
Candidate for State Senate |
|
Edward Vincent (D) |
HR 65 |
Candidate for State Senate |
|
Scott Wildman (D) |
HR 73 |
Unsuccessful candidate for State Senate |
Provides that members of the State Legislators' Retirement System be entitled to a reduced benefit before age 60, if they have completed at least 14 years of service. Makes inapplicable to a specified class of members or retired members the reduction that would otherwise be applicable to their retirement allowance during the time that they serve in a public office.
Provides that a person may not serve for more than 12 years as a member of the Assembly and 12 years as a member of the Senate. Provides that a person may not serve more than eight years in any statewide office or the State Board of Equalization. (These limits do not apply to any unexpired terms to which a person is elected or appointed, so long as they have not already served their maximum allowable terms.)
Adjourns the Senate and Assembly to meet for a session in the former State Capitol in Benicia to formally celebrate California's sesquicentennial.
Memorializes the one hundred fiftieth anniversary of the First Session of the California Legislature.
Memorializes the late Senator Ken Maddy and directs the Senate Rules Committee to establish a suitable commemoration upon the grounds of Capitol Park.
Elects Senator Jack O'Connell to the Senate Rules Committee, replacing Senator Patrick Johnston.
Requires the Senate to convene in Sacramento on February 17, 2000, after its session at Benicia.
Names the Senate Lounge in the Senate Chambers as the Kenneth L. Maddy Lounge.
Elects Senator Ross Johnson to replace Senator John Lewis on the Senate Rules Committee.
Removes the name of former Senator Alan Robbins from various code sections where it appears.
Includes nonsupervisory employees of the Legislature as "state employees" for purposes of the Ralph C. Dills Act.
Provides that service in the Assembly is limited to six terms of two years each term, and service in the Senate is limited to three terms of four years each term. Makes the proposed term limitations applicable to any term of office as a Senator or Member of the Assembly, including, but not limited to, any term served prior to the effective date of this measure. Excludes election to a partial term that is less than one-half of the full term from the term limit.
Requires that a statute enacting a Budget bill become effective immediately upon its enactment. Provides that Budget Bill appropriations will be subject only to a majority vote of each House instead of a two-thirds vote.
Increases the number of years that legislators may serve, commencing with the November 2002 election. For members of the Assembly, from six to twelve years (from three two-year terms to three four-year terms). For members of the Senate, from eight to twelve years (from two four-year terms to two six-year terms). Specifies the counting of prior terms toward the term limitations and provides for staggered elections of Assembly terms. Allows legislators elected after December 2, 2002 to participate in the Public Employees' Retirement System (PERS) and to count vested retirement credit earned under any other state or local retirement plan as credit in PERS.
Authorizes members of the Legislature elected or serving after November 1, 1990 to elect to participate in the Public Employees' Retirement System.
Deletes the current provision requiring the Legislature to convene at noon on the first Monday in December of each even-numbered year and instead requires the Legislature to convene in regular session at noon on the first Monday of January of each odd-numbered year and each house to immediately organize. Also requires that each session of the Legislature shall adjourn sine die by operation of the Constitution at midnight on December 15 of that year instead of at midnight on November 30 of the following even-numbered year. Provides that no bill may be passed by either house on or after November 1 of each legislative session unless the bill was vetoed by the Governor. Requires, in each odd-numbered calendar year, commencing in 2001, that the Governor submit to the Legislature a Budget for the two-year period commencing July 1, and that the Budget Bill passed by the Legislature also encompass that two-year period. Makes various conforming changes, including provision for the calculation of the state school-funding obligation on a two-year basis.
Requires a periodic election in each Senate and Assembly District to determine whether legislative term limits shall apply in that district for the succeeding two Senate terms or three Assembly terms. Permits legislators to join the Public Employees' Retirement System.
Provides, commencing with the 2000 calendar year, and every five years thereafter, that the President pro Tempore of the Senate and the Speaker of the Assembly report on the condition or state of the Legislature at a joint session of the Senate and Assembly convened immediately prior to adjournment of the Legislature for the July 4th holiday.
Commends the City of Benicia for hosting the Legislature's celebration of California's sesquicentennial at the Benicia State Capitol.
Commemorates the life of the late former Assemblyman Charles Imbrecht.
Creates the Assembly Legislative Ethics Committee and provides for membership and policy for the committee.
Requires the State Assembly to reconvene in Sacramento on February 17, 2000, after its celebration of the sesquicentennial at Benicia.
Elects Ronald E. Pane as the Assembly Sergeant at Arms.
Alcoholic Beverage ControlExempts distilled spirits sold by brandy manufacturers, distilled spirits manufacturers, rectifiers, importers, and distilled spirits wholesalers from the excise tax where the alcoholic beverages are sold to specified instrumentalities of the armed forces of the United States located within the geographical boundaries of the state.
Modifies an existing tied-house exception to allow an on-sale licensee that also has an ownership interest in a winery to purchase a specified portion of the wine products sold at the on-sale establishment directly from the same licensed winegrower, rather than from a wholesaler.
Provides that no wine that is produced, bottled, labeled, offered for sale, or sold in this state may use, in a brand name or otherwise, on any label, packaging material or advertising, the name "Napa," any viticultural area appellation entirely within Napa County, or any similar name, as specified, unless the wine meets certain federal regulatory standards for appellation of origin in Napa County. Makes various findings and declarations with respect to the necessity of preserving the integrity of the "Napa" appellation and states legislative intent to assure consumers that wines produced or sold in this state with brand names or advertising referring to Napa appellations in fact qualify for the Napa Valley or Napa County appellation of origin.
Similar legislation was AB 683 (Wiggins-D), which died in Senate Appropriations Committee.
Authorizes wineries and brandy manufacturers to advertise the name and location of restaurants that sell their products, as specified.
Establishes a new license category in the Alcoholic Beverage Control Act for the American Center for Wine, Food and the Arts located in Napa County and operated by a nonprofit entity.
Prevents beer manufacturers from terminating beer wholesalers solely because of the wholesaler's failure to meet an unreasonable sales goal or quota, as specified, and requires beer manufacturers to pay compensation to a beer wholesaler for unreasonable denial of sale or transfer of brands.
Provides for a one time eight day exemption from provisions of current law prohibiting the use of alcohol on school grounds by permitting alcoholic beverages to be served on the campus of the Monterey Peninsula College from June 15 - 22, 2000, in connection with the 100th anniversary of the United States Open Golf Championship Tournament at Pebble Beach, California.
Creates a new account in the Alcohol Beverage Control Fund to finance local grants of up to $300,000 for community-based alcohol education programs for youth. Preference for awarding grants will go to cities and counties with more than 700 retail liquor licenses within their boundaries.
Prohibits the State Department of Alcoholic Beverage Control from adopting a rule or regulation that permits a licensee to offer any premium, gift, or free goods to a consumer in such a way that will encourage the purchase or consumption of alcoholic beverages by minors and that is conditioned on the purchase of an alcoholic beverage.
Deletes ale, porter, brown, stout, lager beer, small beer, and strong beer from the definition of "beer."
Revises provisions of existing law to, among other things, permit the removal of brands of alcoholic beverages that are owned or sold by the licensee from any place belonging to an off-sale retailer for the purpose of replacing alcoholic beverages on or restocking shelves or refrigerated boxes.
Allows a beer manufacturer or winemaker to purchase advertising from, or on behalf of an on-sale license located in Yolo County and also addresses certain advertising restrictions "tied-house" restrictions, and licensing limitations pertaining to alcoholic beverages, as specified.
Adds the holder of a distilled spirits manufacturer's license or a distilled spirits manufacturer's agent's license to the list of those eligible to purchase specified advertising space.
Prohibits the advertisement of any alcoholic beverage on any outdoor billboard located within 1,000 feet of any public or private elementary school, junior high school, or high school.
Allows local governments to prohibit the possession of open containers of alcoholic beverages in city- or county-owned parks or public places, if the respective local government has enacted an ordinance prohibiting the possession or consumption of alcoholic beverages in those areas.
Permits the State Department of Alcoholic Beverage control to issue a certified farmers' market sales permit to allow a licensee under a winegrower's license to sell wine produced and bottled by the winegrower at certified farmers' market locations, under specified conditions.
Changes the amount allowed beer manufacturers to give away brand identified items. Requires the State Department of Alcoholic Beverage Control to report to the Legislature regarding the level of industry compliance with giving away advertising specialties of certain value.
Makes technical changes and code maintenance to the Alcoholic Beverage Control Code, as specified.
Broadens an existing tied-house exception to allow a distilled spirits manufacturer to purchase advertising from, or on behalf of, an on-sale licensee who is an owner or major tenant of any of five specified venues. Grants a tied-house exception to Staples Center in Los Angeles.
Memorializes Congress to support the public's right to become informed regarding the health effects of wine consumption based on the latest scientific findings as approved by the Federal Bureau of Alcohol, Tobacco and Firearms and to oppose a tripling of the excise tax on wine as being unwarranted, harming the California wine industry, and unnecessarily eroding the industry's ability to compete with foreign producers in the global and domestic marketplace.
HorseracingAuthorizes the establishment of a nonprofit public benefit corporation to be known as the California Jockey Injury Compensation Fund, which will be responsible for securing workers' compensation insurance coverage on a blanket basis on behalf of all licensed trainers for the benefit of all jockeys, apprentice jockeys, exercise riders, and pony riders licensed by the California Horse Racing Board and performing services at a facility recognized and approved by the California Horse Racing Board. Requires the fund to make this insurance coverage available and in effect by January 1, 2001, as specified.
Requires the chairperson of the California Horse Racing Board to meet at least semiannually with the chairperson of the California State Lottery Commission and the executive director of the California State Lottery to determine how the California State Lottery and the horse racing industry may work to further the goals of the Horse Racing Law, and declares the intent of the Legislature in enacting this provision.
Authorizes the California Horse Racing Board to adopt regulations that disqualify any horse in a race that tests positive for a prohibited drug substance upon a finding that the prohibited drug substance had the potential to significantly affect the horse's performance during the race. Requires any owner, trainer, or stable employee opposing a disqualification on that basis to bear the burden to establish by a preponderance of the evidence that the drug substance was insufficient to have significantly affected the horse's performance during the race.
Provides for a minimum of $40 million per year in license fees paid to the state by racing associations and fairs for support of the Network of California Fairs, the California Horse Racing Board, and the Kenneth L. Maddy Equine Research Facility at University of California, Davis.
Exempts the Santa Clara County Fair from paying an "impact fee" to northern California private racing associations, and provides for a license fee education to the racing associations beginning in 2001 in an amount equal to the impact fees received by the racing associations from the fair during the 2000 calendar year. Also provides that specified on-track license fees applicable to wagers made within the enclosures of thoroughbred racing associations in the Counties of Alameda and San Mateo shall be permanently reduced, beginning in 2002, by an additional sum equal to the actual amount of impact fees respectively received by each association from the Santa Clara County Fair in 2000.
Makes numerous technical, clarifying, and conforming changes in order to update and condense, where possible, current horse racing statutes found in the Business and Professions Code.
Forgives the 21st District Agricultural Association (Fresno County Fair) for existing loans received from the State of California for financing improvements at the association's fairgrounds and provides that no further payments are required effective January 1, 2000.
Similar legislation was AB 721 (Briggs-R), which died in Assembly Appropriations Committee.
Requires that any quarter horse or fair racing association conducting barrel racing, show jumping racing, or steeplechase racing pay to the quarter horsemen and women's organization a certain percentage of the purse amounts for purposes of representing the horsemen and women conducting these races; authorizes the California Horse Racing Board to establish, by regulation, California-bred Quarter Horse Championship races, and to supplement the purses for these races from existing revenues derived from a percentage of wagers placed upon imported quarter horse races, and; authorizes a quarter horse racing association and its participating horsemen and women to financially participate in a local, regional or national marketing program.
Provides that 98 percent of annual satellite wagering license fee revenues in excess of $11 million be transferred to the Fair and Exposition (F&E) Fund up to a total of $13 million, and any amount in excess of that be split with 50 percent going to the General Fund and 50 percent remaining with the F&E Fund.
Clarifies that racing associations may form a partnership, joint venture, or any other affiliation with other entities licensed by the California Horse Racing Board to accept out-of-state wagers on horse races conducted in California.
Allows "advance deposit wagering" on horse races, subject to approval of the California Horse Racing Board.
Enacts the California Horse Racing Regulatory Improvement Act of 2000, which establishes a specified administrative adjudication procedure applicable to enforcement actions of the board. Provides for the designation of two administrative law judges with power to grant interim orders and call stewards and other expert witnesses as specified. Provides that the board may revoke a license for up to three years for a single violation of these provisions, and increase the maximum monetary penalty to $25,000 per violation.
Authorizes the California Horse Racing Board to enter into an interstate licensing compact for the purpose of establishing uniform requirements among the party states for the licensing of individuals involved with the horse racing industry.
Requires that any quarter horse or fair racing association conducting barrel racing, show jumping racing, or steeplechase racing pay to the quarter horsemen and women's organization a certain percentage of the purse amounts for purposes of representing the horsemen and women conducting these races; authorizes the California Horse Racing Board to establish by regulation California-bred Quarter Horse Championship races, and to supplement the purses for these races from existing revenues derived from a percentage of wagers placed upon imported quarter horse races, and; authorizes a quarter horse racing association and its participating horsemen and women to financially participate in a local, regional or national marketing program.
Similar legislation was AB 493 (Floyd-D), which died on Senate Inactive File.
Increases the number out-of-state and international horse races California racing associations and fairs may simulcast and accept wagers upon, as specified.
Authorizes the California Horse Racing Board to allocate additional weeks of quarter horse racing to the California Exposition and State Fair in Sacramento, or its lessee; exempts quarter horse and harness racing associations from the eight percent license fee paid to the state on out-of-state wagers; and requires 0.5 percent of the total handle on imported harness racing meetings to be deducted from the amounts available for owner purses and distributed to the California Standardbred Sires Stakes Program.
Modifies the definition of "California-bred standardbred horse," as specified, and allows harness racing associations to simulcast and accept wagers upon additional harness horse races.
Broadens the definition of "propositional wagering" to include wagers on propositions approved by the California Horse Racing Board that are based on the result of all live horse races, instead of just quarter horse race. Deletes the requirement that a wager must be placed within seven days of the transmission of a race, and establishes state license fee rates for this type of wager.
Provides labor and housing law reforms that will provide backstretch workers more employment rights, as specified. Makes legislative findings and declarations.
Other Gaming LegislationAuthorizes the transportation of slot machines on any vessel regularly engaged in interstate or foreign commerce so long as the machine is rendered inoperable or is not accessible for use while the vessel is within the territorial jurisdiction of California.
Permits raffles to be conducted by private, nonprofit organizations, as defined, for the purpose of providing financial support for beneficial or charitable works.
Exempts a person leasing a gambling establishment in existence prior to July 1, 2000, that is owned by a publicly traded racing association from the provision in the Gambling Control Act that generally prohibits a person from being licensed to own a card club if that person has any financial interest in a company, either within or outside of this state, that is engaged in a form of gambling that is illegal in California.
Requires the California State Lottery Commission to adopt and publish competitive bidding procedures for the award of any subcontract of more than $100,000. The California State Lottery Commission is currently required to do this for any primary procurement or contract if more than $100,000. Also finds and declares that this bill furthers the purpose of the California State Lottery Act of 1984 and makes other minor technical changes.
Clarifies that amounts received by a state lottery prizewinner pursuant to assignment of the right to receive future payments of lottery prize awards are exempt from state and local taxes. States that these provisions are declaratory of existing law.
Provides that, notwithstanding existing prohibitions regarding lotteries and casinos, the Legislature may authorize licensed gambling establishments to operate and offer for play player-pool banked card games, provided that no licensed gambling establishment participates or otherwise shares in any of the proceeds of the player-pool bank.
Requests the U.S. Attorney General and the U.S. Attorneys for California not to try and stop the tribal gaming operations approved in Proposition 5 until after the March 7, 2000, primary election and requests the President to issue an executive order permitting the tribes to continue their gaming operations until appropriate legislation is enacted.
Authorizes the player-pool banked 21 in licensed California card clubs. Allows card clubs to play other controlled games (i.e., Pai Gown, Pan, Super Pan 9) as either player-pool banked or player banked, as specified.
Similar legislation was AB 1429 (Floyd-D), which failed passage on the Senate Floor; and AB 2319 (Floyd-D), which died in Assembly Governmental Organization Committee.
Defines "casino" to mean a place where gambling or wagering is conducted and the players' wager against the house, with the house collecting losing bets and paying winning bets.
Provides that the term "slot machine or device" or "gambling device" will not be construed to include any parts, EPROM chips, diagnostic tools, jackpot verification kits, and other ancillary parts and supplies that are not installed on a slot machine or device. These parts and supplies may lawfully be shipped to or from any tribal gaming facility in this state as specified.
Authorizes the California State Lottery Commission to allow winners of less than $25 to claim the prize from any lottery game retailer.
Defines what constitutes a prohibited "banking or banked game," and exempts from this definition those games played in licensed card clubs in which the rules of the game utilize a player-dealer position, provided the opportunity to occupy this position continuously and systematically rotates among all seated players and preclude a person or entity from maintaining or operating as a bank during the course of the game.
Requires the California State Lottery Commission to ensure the overall estimated odds of winning some prize or prizes in a particular lottery game are posted in all television and print advertising conducted by the California State Lottery Commission, exclusive of outdoor advertising displays, signs, or banners, related to that game.
Prohibits Internet gambling and authorizes the State Attorney General to bring action against violators. Provides that any person who aids and abets, or plays, bets at or against a prohibited online gambling game for money, checks, credit or any other representative of value while physically located in California is guilty of a misdemeanor.
Increases the percentage of State Lottery funds that can be used for bond repayments for education technology infrastructure from 25 to 50 percent. Creates, in statute, a Technology and Telecommunication/Communications Program. Requires the Chancellor's Office to submit to the state an annual report on the program. Also, exempts the Board of Governors of the California Community Colleges from the State Department of Information Technology approval process.
Deletes the requirement that private card clubs located in a county that authorizes such activities conduct an election prior to July 1, 2000, to allow for the continued operation of a gambling establishment as a private club, as specified, and makes several other non-substantive changes to the Gambling Control Act.
Modifies the composition of the Gaming Policy Advisory Committee from 10 members to 16 members with a prescribed membership, as specified. Enacts various changes to the Gambling Control Act.
Among other things, permits monies in the Indian Gaming Special Distribution Fund (IGSDF) to be used to implement the terms established by the Tribal Labor Relations Ordinances. The Budget Bill appropriates $400,000 to IGSDF for this purpose.
Provides that the Legislature, the people by initiative statute, the Governor or appointees of the Governor, an administrative agency, or local government may not authorize the operation of any form of gambling, or any gambling or wagering game or derivation thereof, that is not lawfully conducted as of the effective date of this measure, any increase in the number of slot machines on tribal lands beyond the total number of machines that have been approved by operation of previously executed and ratified tribal-state gaming compacts, or any increase in the total number of bingo parlors, horse racing or wagering facilities, California Lottery retailers, card clubs, tribal casino facilities, or any other category of gaming establishment.
Public EmployeesRaises the annual cost-of-living adjustment for retired state members of the State Public Employees' Retirement System from a maximum of two percent to a flat three percent, compounded annually.
Authorizes certain appointees of the Governor, who elect not to participate in the State Public Employees' Retirement System, the option of participating in the State Peace Officers' and Firefighters' Defined Contribution Plan. Establishes the employer contribution rate for appointees choosing this option at seven percent of the appointee's compensation, and the employee contribution rate at five percent of compensation.
Authorizes the State Public Employees' Retirement System Board of Administration to establish a deferred retirement option plan, as specified.
Increases the retirement benefit limit for local safety members from 75 percent to 90 percent of final compensation for members who retire on and after January 1, 2000.
Makes numerous clarifying and technical amendments to the laws the State Public Employees' Retirement System (PERS) is charged with administering. The majority of these amendments are made necessary by the enactment of SB 400 (Ortiz) of 1999. Authorizes the PERS board member who is an elected official of a contracting agency to designate a deputy to act in his/her place on the board.
Continues the provision of an expired Memorandum of Understanding, which relates to arbitration or fair share fees. If the Governor and the employee organization reach an impasse in negotiations, the state may implement any or all of its last, best, and final offer, as specified.
Revises the Meyers-Milias-Brown Act, the bargaining and employee relations law governing cities, counties and special districts in California. The significant provisions of this bill are as follows: (1) transfers jurisdiction for the resolution of unfair labor practice charges and representation disputes to the State Public Employment Relations Board; (2) authorizes an agency shop agreement to take effect either through a negotiated agreement between a public agency and a recognized employee organization or without a negotiated agreement if a petition is signed by 30 percent of the employees in the applicable bargaining unit and the agency shop agreement is approved by a majority of the employees; (3) applies the petition procedures to the rescission of agency shop agreements, and repeals existing limitations on the duration of agency shop fee agreements, authorizing agency fee deductions indefinitely beyond the expiration of collective bargaining agreements.
Provides that state employees not covered by a memorandum of understanding be given a salary increase every July 1, by an amount equal to changes in the California Consumer Price Index.
Establishes the Deferred Retirement Option Program as a voluntary program in the State Public Employees' Retirement System for members of any bargaining unit that has agreed to make the program applicable, for specified excluded state employees, and for those local members whose employing agency elects to be subject to the program, as specified.
Similar legislation was AB 2030 (Correa-D), which died in Senate Appropriations Committee.
Repeals various statutes that give employees access to their personnel records and replaces them with a standard provision that applies to both public and private sector employers, as specified.
Requires that all state supervisory and managerial employees be paid at a salary range that is higher than the salary range of the highest paid subordinate over which the supervisor or manager has authority.
Increases the State Public Employee's Retirement System purchasing power protection allowance from 75 percent to a level of 80 percent for state members who retire before July 3, 2001, and to school members. Specifies that the cost of the increase in allowances will be paid from the state and employer assets.
Provides a minimum retirement allowance for retired state employees who retired with final salaries lower than $28,000 and had ten or more years of state service.
Allows members of the State Teachers' Retirement System (STRS) who become employed by the state in a bargaining unit that represents educational employees or that supervises or manages such employees, to remain in the STRS, and allow state members of the State Public Employees' Retirement System (PERS) employed by the State Department of Education who are subsequently employed in service that requires membership in the STRS to remain in the PERS.
Provides an alternative death benefit for only local firefighter members who die after January 1, 2001, and have 20 years or more of credited state service.
Increases the monthly allowances of retired state members, except as specified, and survivors of those members by an unspecified percentage.
Provides eligibility for legislative exempt employees, who meet specific criteria, to request and participate in deferred/promotional civil service examinations for one year following separation from service. Sunsets January 1, 2006.
Requires the State Public Employees' Retirement System, in consultation with the State Department of Health Services, to contract for a study to determine the feasibility of aggregating the purchase of prescription drugs, and to ensure access to all programs by licensed pharmacies, for various groups, as specified.
Requires State Public Employees' Retirement System and State Teachers' Retirement System to report on the extent to which they are invested in foreign companies that pose threats to national security, and encourages the boards of these pension funds not to invest in those companies.
Revises state provisions to conform to recent changes in federal law to provide that inactive duty training also qualifies for paid leave for public employees.
Makes a variety of minor and technical changes to the Government Code sections relating to the State Public Employees' Retirement System.
Prohibits a state agency from using state resources to appeal any judgment of a superior court in favor of a state employee in an adverse action or an action alleging discrimination.
Amends the State Civil Service Act, as it applies to the employment of disabled persons, to provide the same definitions of specified terms as are set forth in the Fair Employment and Housing Act and clarifies who bears responsibility for costs and/or attorney's fees in writ of mandate proceedings inquiring into the validity of any final administrative order or decision by the State Personnel Board.
States that the State Public Employees' Retirement System and the State Teachers' Retirement System are authorized and encouraged to cooperate and share information that may assist them in developing and implementing appropriate investment strategies, with the advice of investment experts, as specified. Specifies that confidential information or documents relating to investments in the possession of either system would not lose their confidential status due to the fact that the information or documents are shared with the other system or with investment advisors. Deletes obsolete provisions.
Provides that expenditures for administration and personnel of any retirement system that receives regularly scheduled contributions from the state shall be subject to appropriation therefor in the annual Budget Act, and authorizes the Governor or the Rules Committees of both houses of the Legislature, once every five years beginning in January 2005, to cause an independent actuarial review to be conducted of such a public pension or retirement system, as specified.
Prohibits new or additional investments by the State Public Employees' Retirement System and the State Teachers' Retirement System, on and after January 1, 2001, in tobacco companies and requires a divestment of those existing investments by July 1, 2002.
Provides a general ad hoc increase in amounts ranging from one percent to five percent of the monthly allowances of state members of the State Public Employees' Retirement System who retired or died between January 1, 1981 and December 31, 1989.
Requires that statements of earnings and deductions accompanying payroll warrants (a.k.a. pay stubs) include specified information and amounts considered "Employer Payroll Allocation Costs."
Requires that, notwithstanding existing law, the salaries of persons employed in permanent positions in the state civil service be indexed to the California Consumer Price Index for the previous calendar year, as determined by the State Department of Industrial Relations, and requires those salaries to be adjusted as of July 1 of the applicable fiscal year to reflect any increase in the consumer price index. Authorizes the Governor to suspend the indexing of those salaries under specified circumstances.
Creates the California Workforce Investment and Economic Development Act of 1999, to enact the provisions of the federal Workforce Investment Act of 1998. Establishes a new state department to act as a local agency and a new state council to implement the provisions of this act.
Appropriates a sum from the General Fund, unallocated special funds, federal funds, and any other fund from which state employees are compensated that is sufficient to provide all state employees with a salary increase of 10 percent.
Provides that on January 1, 2000, employees who are exempt from collective bargaining under the Ralph C. Dills Act will receive longevity pay equal to a percentage of the employee's gross monthly salary based on the employee's length of time in state service, as specified.
Establishes a retroactive disability retirement effective date if a retirement application is filed within nine months of discontinuance of service and the member has been continuously disabled from the date of discontinuance of service.
Allows a contracting agency of the State Public Employees' Retirement System, pursuant to a memorandum of understanding, to amend its contract to provide the same retirement formula applicable to a subgroup, to all other employees in the same member classification.
Designates September 9, 2000 as "Admission Day," an observable state holiday for non-elected state employees in lieu of the second Monday in October (Columbus Day) for the Year 2000, provided that all recognized employee organizations agree to observe the holiday. Specifies that because September 9, 2000 falls on a Saturday, the preceding Friday will be the holiday in lieu of the day observed.
Makes various changes in the state negotiated Memoranda of Understanding (MOU) contracts for 1999-2001. These MOU contracts need technical clean-up. Also included are two provisions reflecting other negotiated agreements.
Requires the employer's contribution to the Public Employees' Medical and Hospital Care Act to include any increases in health benefits plan costs for specified state employees payable from January 1, 2001, to July 2, 2002.
Appropriates $5,000,000 from the General Fund to the Commission on State Mandates to reimburse state-mandated costs for structural and wildland firefighter's safety clothing and equipment, as specified.
Among other things, increases from 75 percent to 80 percent the purchasing power protection provided to retirees of local contracting agencies of the State Public Employees' Retirement System. Becomes operative July 1, 2000.
Provides that if a mediator is unable to effect settlement of a dispute within 15 days of his/her appointment and declares that fact-finding is appropriate to resolve the impasse, either party may request that the issues at impasse be submitted to a fact-finding panel, as specified.
Establishes the Firefighters Procedural Bill of Rights which will permit firefighters to engage in political activity in the same manner and requires the same procedures and conditions for the investigation and interrogation of a firefighter that could lead to punitive action. Defines firefighter to include a firefighter, paramedic, or emergency medical technician.
Prohibits a male who is 18 to 26 years of age, inclusive, from being employed by a state agency unless he has complied with the Selective Service Act.
Increases to $5,000 the death benefits for state and school members of the State Public Employees' Retirement System who retire on or before July 3, 2001.
Provides that employees of any entity covered by the California Fair Employment and Housing Act are personally liable for their acts of harassment, regardless of whether their employer knows or should have known of the conduct that fails to take immediate and appropriate corrective action.
Requires the State Public Employees' Retirement System to provide state annuitants that retire on or before July 3, 2001, and their family members, with vision care benefits comparable to those provided to active state employees. State employees who retire after this date will not be covered unless they negotiate this benefit in future collective bargaining agreements.
Requires the State Teachers' Retirement System (STRS) to prepare and submit a report to specified legislative committees by July 1, 2001, to determine the feasibility of merging STRS into the State Public Employees' Retirement System.
Enacts the Prudence Kay Poppink Act which clarifies the definitions of "mental disability," "physical disability" and "medical condition" for the purposes of California's civil rights laws, limits an employer's ability to require medical or psychological examinations, or make certain medical or disability-related inquiries; and requires an employer to engage in a good faith, interactive process to determine reasonable accommodations for a disabled employee or applicant.
Includes public or private nonprofit corporations that operate a rehabilitation facility for either a regional center for the developmentally disabled, or for the State Department of Rehabilitation, in the definition of "contracting agency" eligible to contact with the State Public Employees' Retirement System for retirement and health benefits coverage for its employees.
Clarifies that the number of days that can transpire between active membership in a retirement system operated under the County Employees' Retirement Law of 1937 and other public retirement systems in order to qualify for reciprocity is 180 days.
Allows the City of Long Beach to provide a two percent at age 50 retirement formula to its miscellaneous members, as specified, and requires local agencies that participate in the Public Employees' Medical and Hospital Care Act to pay the full employer contribution for annuitants who retire for disability or employees who have at least 20 years of service credit with the employer but retire from the state or other contracting agency.
Allows employees of local agencies that contract with State Public employees' Retirement System who are employed part-time to participate in the Public Employees' Medical and Hospital Care Act.
Makes various changes in the disbursal of payroll to state employees. Requires state employees who are discharged to be paid immediately and requires overtime to be paid in a timely manner.
Makes criminalists and print analysts in the State Department of Justice state safety members rather than miscellaneous members of the State Public Employees' Retirement System.
Permits specified state retirees and family members, who, for certain reasons were not covered by the state health benefits as active state employees, to enroll in the Public Employees' Medical and Hospital Care Act.
Creates a new special misdemeanor for assault with intent to cause serious bodily injury on a public safety official (code enforcement officer) with a maximum jail term for assault or battery of one year in the county jail; also creates a new special alternate felony-misdemeanor of battery on a public safety official causing injury requiring medical treatment.
Increases the special death benefit allowance paid to eligible survivors of deceased members of the State Public Employees' Retirement System who died as a result of work-related injury or illness.
Requires that a state employee who is reinstated after being separated for being absent without leave will be paid salary for the period between the time the employee filed for reinstatement and the date of the reinstatement.
Provides that, for purposes of calculating or recalculating the preretirement special death benefit, the deceased member's final compensation is to be deemed to increase when the compensation is increased for his/her final job classification and membership category.
Allows contracting agencies of the State Public Employees' Retirement System that are fully funded, to provide local miscellaneous members with a retirement formula of 2.5 percent at age 55 or a 2.7 percent at age 55. Provides that member contributions will increase from seven percent to either eight or nine percent.
States that it is the intent of the Legislature that state employees be compensated financially for accepting responsibility for additional work that would otherwise be required to be performed by a higher level employee.
Requires that (1) a decision to order a medical examination be based on a reasonable factual belief that the employee is medically unable to perform the work of his/her present position, (2) the appointing power give the employee at least 15 days' written notice of exam, (3) notice will not be required until the day of the exam if the appointing power has reasonable suspicion that the employees inability to perform may be caused by the use of illegal substances, and (4) an employee not be submitted to more than two medical exams in any 12-month period, except as specified. Makes declarations of existing law related to the Confidentiality and Medical Information Act.
Enacts the California State Investment Transparency and Disclosure Act, which encourages the boards of the State Public Employees' Retirement System and the State Teachers' Retirement System not to invest in foreign companies that pose threats to national security.
Allows employees of the State of California, the California Legislature and the California State University to be covered by the State Disability Insurance Program.
Requires the state to match up to five percent of excluded state employees' contributions to a deferred compensation plan or tax-sheltered annuity.
Consolidates several current methods for determining the cost of purchasing service credit into two existing approaches; (1) establishes a three-year window period in which State Public Employees' Retirement System (PERS) members will be able to purchase additional service under either the current costing methodology or the new methodology, whichever results in a lower cost for the member; and (2) requires the PERS to inform members, at least once during 2001 and 2002 and in September of 2003, that the right to purchase service credit under the current formulas will expire on December 31, 2003.
Among other things, requires a state agency that enters into a personal services contract for certain types of workers to include provisions for employee benefits that are valued at least 85 percent of the state employer cost of providing comparable benefits to state employees performing similar duties. The types of workers covered by this requirement include persons that provide janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards.
Approves merit award payments authorized by the State Department of Personnel to specified individuals whose proposals have resulted in annual savings to the state.
Other State GovernmentAuthorizes the Director of the State Department of General Services, with the approval of the Director of the State Department of Transportation, to sell, lease or exchange specified property, as specified.
Limits the liquidation period for appropriations involving cooperative work agreements to eight years, and defines and establishes criteria for cooperative work agreements.
Requires public agencies in California, other than the University of California, to include in the bid notice the time, date and location of any mandatory pre-bid site meetings. Before the date of the site visit, the project documents must be physically available to any interested bidders and provided to construction trade journals, which are often published by local builders' exchanges. Provides that at least five calendar days must elapse between the time the notice is published and the pre-bid site meeting is held.
Requires all new public buildings and state office buildings to exceed current energy efficiency standards and to be constructed and/or renovated to utilize some form of cost-effective "green" building methods, as specified.
Provides that a state agency is liable to a private property owner for a temporary taking of the owner's real property if the state agency is responsible for a delay in the issuance of a development permit affecting the use of the real property, and the delay is the result of a final decision, as defined, of the state agency that is later determined by a court to be legally erroneous. Provides that a delay that occurs as a result of the normal development approval process or as a result of litigation challenging a final decision by a state agency constitutes a temporary taking under those provisions if the final decision of the state agency is later determined by a court to be legally erroneous. Also declares that it is intended to supersede the holding of the California Supreme Court in Landgate, Inc. v. California Coastal Commission, 17 Cal. 4th 1006, with regard to any claim arising on or after its effective date.
Continues the existing requirement that the State Legislative Analyst's Office prepares dynamic revenue estimates, and deletes requirements that the State Department of Finance continue its current dynamic revenue-estimating model.
Requires the State Department of General Services (DGS) to lease 110 new acres to the City of Chino for 55 years without consideration. Stipulates that the State Department of Corrections will receive 50 percent of any rents received by the city on the land. Requires DGS to sell 210 acres to Chino Redevelopment Agency.
Clarifies the information that is required to be included in a proposal for funding state infrastructure identified in the Governor's five-year infrastructure plan, including clarifying that updated reports should address capital outlay projects and infrastructure projects.
Requires the Director of the State Department of General Services, in the event that a state hospital is permanently closed or taken out of service, to give the same priority provided to local governmental agencies to acquire surplus state land, to any federally recognized Indian tribe located within seven miles of the facility, under terms that are no less favorable, if any, than those available to any city or county government under state law.
Requires the Director of the State Department of General Services to create an advisory committee to develop recommendations on how the state should organize and manage its intellectual property, and report to the Governor, the Legislature, and the state's other constitutional officers by August 31, 2002. "Intellectual property" is defined as including "inventions, industrial designs, identifying marks and symbols, electronic publications, and literary, musical, artistic, photographic, and film works."
Requires the Governor, as a supplement to the annual budget, to submit to the Legislature, on or before January 10 of each calendar year, the Capital Outlay and Infrastructure Strategy containing a comprehensive, multiyear planning system and a budgeting, implementation, and monitoring system, a five-year capital outlay and infrastructure plan, and a financing plan.
Provides that March 31, "Cesar Chavez Day," be observed as a paid holiday for state agencies and permits schools to observe a minimum day, and one hour of instruction on the life and work of Cesar Chavez to students, as specified. Requires the State Commission on Improving Life Through Service to administer a Cesar Chavez Day of Service and Learning grant program, which will provide grants to Americorps or Conservation Corps activities that engage school pupils in community service on Cesar Chavez Day. Appropriates $5 million annually from the General Fund for the grant program. Appropriates $1 million from the General Fund to the Superintendent of Public Instruction to develop a model curriculum on the life of Cesar Chavez, and, upon approval of the State Board of Education, to distribute the curriculum to each school.
Appropriates funds in the amount necessary to compensate nonprofit vendors who contract with the state for goods delivered or services rendered for any portion of the fiscal year 1999/2000 until enactment of the 1999 Budget Act.
Increases, from $50,000 to $100,000, the value of contracts that may be awarded to small businesses through an "informal" bid process.
Requires a vessel owner and its operators to defend, indemnify, and hold harmless, a bar pilot from any liability and expenses in connection with any civil claim suit as action arising out of the pilot's performance of the pilotage services, except for acts of willful misconduct. Specifies that this defense and indemnity obligation will be limited, applying to the extent liability is legally imposed upon the vessel owner, taking into account any liability limits to which the person or entity is entitled under any statute, regulations or other applicable rule of law. Provides that this defense and indemnity obligation also extends to any organization of pilots to which the pilot belongs, and their officers and employees.
Replaces two existing state agencies, the State and Consumer Services Agency and the State Trade and Commerce Agency, with the expanded E-Governance and Consumer Services Agency and the Technology, Trade, and Commerce Agency, respectively. Effective January 1, 2003, places the State Department of Information Technology within the E-Governance and Consumer Services agency. Establishes, within the State Technology, Trade, and Commerce Agency, a Science, Technology, and Innovation Division to be headed by a Deputy Secretary of Science, Technology, and Innovation. The new division will assume responsibility for several existing offices and functions within the Agency, and including responsibility for a new California Research and Funding Council and Small Business Competitiveness Council. Requires the California Spaceport Authority to designate spaceports based upon applications by various entities, including special districts, and defines various terms for this purpose.
Requires all building structures and facilities that are leased or rented by any municipal, county or state government to be made accessible to persons with disabilities.
Extends the protections provided by the current "Address Confidentiality for Victims of Domestic Violence" program to victims of stalking, and revises certain notification procedures relating to termination of certification as a program participant.
Makes evidence of negotiations to settle a pending civil action or administrative adjudication inadmissible in that action or adjudication, with specified exceptions. Makes the settlement negotiations in a pending civil action or administrative ajudication confidential where the persons participating in the negotiations execute a written agreement stating that they are confidential and will protect the negotiations from civil discovery, with specified exceptions.
Specifies that the existing policy public libraries are required to adopt concerning public access to videotapes adhere to the standards of the motion picture industry for access to motion pictures in theaters. Requires, upon request of a parent or guardian of a minor, a public library to disclose the title of an item loaned to the minor, if the parent or guardian received a bill for a late fee or lost item.
Appropriates $2,009,031.47 from various funds and accounts to the executive officer of the State Board of Control for the payment of 314 claims against 46 state departments.
Appropriates $3,545,000 from the General Fund and the Motor Vehicle Account in the State Transportation Fund to the Attorney General to pay various claims against the state.
Places postgovernment employment restrictions covering Inspector Generals of the State Youth and Correctional Agency and the State Department of Veterans Affairs.
Changes state contracting law to allow religious organizations to contract with or receive grants from state agencies without altering their religious character.
Creates the California Centennial of Flight Commission in the office of the Secretary of State to develop and recommend to the Governor and the Legislature, no later than March 1, 2002, a Centennial of Flight Celebration Program commemorating the centennial anniversary of the Wright brothers' first successful flight on December 17, 2003, and California's contribution to the development and history of flight. Provides that the provisions of this bill will become inoperative on July 1, 2002 and repealed on January 1, 2003.
Authorizes the Adjutant General, until July 1, 2002, to develop, establish, and operate the Turning Point Academy for the purpose of providing a comprehensive and meaningful military academy experience for minors residing in California who are 15 years of age or older and who have committed a firearms-related offense at school or a school activity off school grounds. Specifies that the academy will consist of an intensive program of treatment, physical training, education, drug screening, and counseling services for eligible wards of the juvenile court.
Reduces the voting membership of the State Board of Fire Services from 18 to 16 and a quorum to nine members. Revises the selection process for the volunteer firefighter and the fire service labor representative on the State Board of Fire Services. Provides that the State Board of Fire Services may not meet more often than quarterly.
Requires every public library that provides public access to the Internet to purchase, install, and maintain computer software for use on all computers available for use by children under 18 years of age, or in the case of a library that has only one computer available for use by both adults and children under 18 years of age, for use on that computer that is designed to prohibit access to harmful matter on the Internet, as specified.
Adds, among other things, provisions to prevent future liability to the state when districts use joint powers authority. Allows school districts to further take advantage of master contracts and agreements established by the State Department of General Services for the acquisition of information technology, goods and services, without further competitive bidding. Makes other technical and clean-up changes necessary to implement the Budget.
Updates provisions of the State General Obligation (G. O.) Bond Law and facilitates implementation of previously authorized borrowing structures. Specifically, the bill (1) authorizes the State Treasurer to refund high coupon G. O. bonds issued prior to 1988, and (2) facilitates the negotiated sale of variable rate bonds. Makes other technical, clarifying changes to state bond law.
Requires the State Department of General Services (DGS), in consultation with the Emergency Medical Services Authority, to conduct a study regarding the purchase and placement of automatic external defibrillators in state buildings. Requires DGS to submit a report on the study and recommendations to the Legislature, the Governor, and specified state agencies on or before December 1, 2001.
Annual surplus property bill sponsored by the State Department of General Services.
Revises the process for resolving a dispute between the State Department of Transportation and its contractor or subcontractor, as specified, and makes related changes.
Requires the State Department of General Services (DGS) to examine the feasibility of purchasing gasoline from outside the state for use by state agencies and requires that DGS, after July 1, 2001, seek to purchase gasoline from new sources within or outside the state.
Provides that a small business may have revenue from providing services as an agent or broker for purposes of certification as a "small business" under the Small Business Procurement and Contract Act.
Extends existing law that prohibits state agencies from procuring foreign goods made by forced labor, convict labor, or indentured labor to include goods made by abusive forms of child labor or exploitation of children in sweatshop labor.
Requires state agencies and school districts to purchase agriculture products produced in California, if the cost and quality are equal or superior to those produced outside California. Specifies that if California products are not found to be equal, preference is to be given to products produced in other states over foreign products, if the cost and quality are equal.
Appropriates $122,149,000 from the General Fund and $35,000 from the Aeronautics Account in the State Transportation Fund to pay mandate claims.
Provides that an independent building inspector employed by a private entity, but authorized by a city or county building department to inspect buildings and report to the building department according to regulations established by the building department, and will be deemed a public employee while performing building inspections under the direction of the building department.
Appropriates $5 million to be administered by the Office of Emergency Services for matching fund grants to public television and radio stations to install digital broadcasting equipment. Requires stations receiving funding to dedicate an emergency broadcast channel.
Governor item vetoed $3 million.
Authorizes the State Department of General Services to transfer, without charge to the City of Salinas, all interests held by the state in a former State Employment Development Department building at 342 Front Street in Salinas.
Creates a procedure for appealing to the State Attorney General (AG) a denial by a public agency of a written request for disclosure of public records (in addition to a court action, available under current law). Allows a court to award up to $100 per day (maximum of $10,000) when the public agency's action resulted in the denial of plaintiff's right to access the requested records. Allows a public agency against whom the AG has rendered an adverse opinion to engage outside counsel in defense of a lawsuit resulting from the denial of access to public records, and expressly states that the AG is not precluded from representing the public agency on other matters. Specifies that the AG will be immune from suit or discovery in any suit for any action taken as a result of review under this bill.
Authorizes state and local agencies to engage in outreach programs to increase participation by California's small business sector and increase diversity in state contracting and procurement. Requires state agencies to collect data and report to the Legislature on the level of participation by minority, women, and disabled veterans business enterprises in contract and procurement activities. Specifies that the reports will be due July 1 of each year and are to include the dollar values of contract awards for specific categories of contractors.
Establishes the State Theatrical Arts Resources Partnership within the California Film Commission in the State Trade and Commerce Agency.
Requires the Secretary of State, in consultation with the State Department of General Services, to approve and adopt uniform statewide standards for the purposes of storing and recording permanent and nonpermanent documents in an electronic format.
Authorizes job order contracting by school districts and other public entities.
Requires state agencies, in evaluating bid submissions, to give a five percent preference, until January 2004, to bids by any disabled veteran business enterprise that is a prime contractor.
Appropriates $2 million to the California Arts Council for allocation to the Hollywood Entertainment Museum.
Specifies additional times during which vessels traveling in the Bays of San Francisco, San Pablo, or Suisan are exempt from state pilotage provisions. Exempts incidents involving pilots aboard vessels of less than 300 gross tons from review and disciplinary action unless the law requires the pilots to be aboard such vessels.
Appropriates $10 million from the General Fund to the council for the Walt Disney Concert Hall in the Performing Arts Center in the City of Los Angeles.
Applies existing provisions of law relative to the regulation, licensing, and management of pilots for the Bays of San Francisco, San Pablo and Suisan to persons who pilot vessels into or out of the waters of "Monterey Bay."
Authorizes the State Lands Commission (SLC) to issue cease and desist orders against any activity determined to do harm to public health or safety or the environment. Places a representative of SLC on the Harbor Safety Committee for various large harbors, including Los Angeles, Long Beach, and San Diego.
Requires the approval of two-thirds of the voters voting on any proposed amendment or revision of the Constitution for it to take effect.
Requires the Governor to submit a three-year capital expenditure plan in conjunction with the annual Budget.
Specifies that the Office of the Secretary of State shall be nonpartisan.
Designates March 2000 as Women's History Month and urges celebration of International Women's Day on March 8, 2000.
Creates the Joint Committee on Government Oversight and authorizes it to act as an investigating committee to review the effectiveness of government programs and policies. The committee's existence will terminate on November 30, 2000.
Seeks to establish a sister state relationship between California and the Western Cape Province, South Africa.
Designates the week of November 14 to 20, inclusive, 1999, as California Science and Technology Week.
Recognizes female athletes, coaches, officials, and sports administrators for their important contribution in promoting the value of sports in the achievement of full human potential and proclaims February 6 through 12, 2000, inclusive, as California Girls and Women in Sports Week.
Designates April 24, 2000, as "California Day of Remembrance for the Armenian Genocide of 1915-1923."
Commends the State Department of Parks and Recreation for the maintenance of the Benicia State Capitol Building and for their assistance in facilitating the legislative session held there on February 16, 2000.
Honors the former and current members of the San Francisco Bay Pilots for their important role, throughout California's history, in the enhancement of maritime commerce, protection of cargoes, and safeguarding the fragile environment of the bays and rivers on which they have served.
Designates the second week of November 2000, and every year thereafter, as California Science and Technology Week.
Congratulates and commends Elias Cortez, the Director of the State Department of Information and Technology, and his staff, for his and their contribution to California and its citizens and encourages Mr. Cortez to direct his talents and his staff toward future information technology challenges.
Concurs with the Sacramento City Council in officially dedicating the City of Sacramento building located at 1001 I Street in Sacramento as the "Joe Serna, Jr. Building" in memory of Sacramento's late mayor.
Encourages all people of this state to remember the victims of the Holocaust on Sunday, May 7, 2000.
Makes findings and declarations about the relative lack of computer accessibility by low-income and minority households, a phenomenon known as the "digital divide," and resolves that the State of California should provide support, encouragement, and incentives to close the digital divide.
Requests the Senate Office of Research to review the level of state assessment, monitoring, oversight, independent research and regulation of the biotechnology industry to be completed by January 1, 2002.
Establishes the California Teleconferencing Public Network in state government, to promote and facilitate domestic and virtual electronic communications for the people of California. Requires the Director of the State Department of Information Technology to designate, no later than May 1, 2001, a two-way video and audio teleconferencing site located in each of the 80 state Assembly districts, and requires that the network be operational by July 1, 2001, as specified.
Reorganizes the administrative and management structure for Exposition Park in Los Angeles, as specified.
Authorizes the Director of the State Department of General Services to donate either of two properties located in the City of Los Angeles and owned by the State of California to the United States General Services Administration for the purpose of building a courthouse.
Modifies provisions relating to the Office of Administrative Law and the adoption of regulations, moves the Office of Small Business Advocate from the State Trade and Commerce Agency to the Office of Planning and Research in the Governor's Office, and creates the Governor's Small Business Reform Task Force.
Requires the director of the State Department of General Services to give priority to downtown locations when considering a location for a state-owned office.
Appropriates to the State Controller for allocation to local governmental agencies, on a pro rata basis, interest earned in excess of $1,000 on funds that, were it not for a delay in enactment of the State Budget, would have been transferred to the control of local agencies.
Revises the composition of the committee on state-owned property within the State Department of General Services (DGS) and requires the committee to prepare and submit an interim report to the Legislature and the Governor on or before May 1, 2001, that makes recommendations on specified information technology issues. Requires DGS to conduct and submit to the committee, on or before march 1, 2001, a study that assesses state information technology resources for the purpose of maximizing public access to information technology where appropriate, as specified. Appropriates $100,000 from the General Fund to DGS for the purposes of the department study and report.
Allows a state contractor to give cash payments to employees in lieu of benefits.
Declares the Legislature's intent to take the action necessary to repeal obsolete and unconstitutional statutes that regulate or impose restrictions on Native American lands.
Exempts all escheated property consisting of military awards and decorations delivered to the State Controller from public sale, and requires that the subject military awards and decorations be held in trust for the State Controller at the California National Guard Museum and Resource Center.
Assigns additional educational requirements to the California Debt and Investment Advisory Committee and requires local agencies to provide the necessary data.
Authorizes the fund allocated in the Budget Act of 1999 and the Budget Act of 2000 for the California Museum of Latino History, Art, and Culture for capital outlay and related purposes, to be used for museum operations.
Provides that the restrictions on the State Controller's 1999 Budget Act support appropriation do not apply to the sending of notices to apparent owners of unclaimed property, as provided in Section 1531(d) of the Code of Civil Procedures.
Appropriates $895,000 from the General Fund to the State Department of Parks and Recreation, in augmentation of Item 3790-001-0001 of Section 2.00 of the Budget Act of 2000 (Chapter 52, Statutes of 2000), for costs associated with the celebration of Admission Day.
Provides that for the purpose of any law, including any constitutional provision, that requires just compensation for the taking of any private property, that requirement will apply upon the making of a final decision affecting private property rights. Provides that a final decision, for that purpose, occurs upon the last date that an agency may make or review any agency action, as defined, prior to the bringing of any action or proceeding in any court to challenge the validity of the agency action. Provides that upon the existence of any final decision, any person who claims that an agency action entitles the person to just compensation for affected property rights may exercise any administrative or judicial right or remedy to obtain that compensation, separately from any claim relative to the validity of the agency action, and the agency or court will process the claim for just compensation without regard to the validity of the agency action.
Provides that 98 percent of annual satellite wagering license fee revenues in excess of $11 million be transferred to the Fair and Exposition (F&E) Fund up to a total of $13 million, and any amount in excess of that be split with 50 percent going to the General Fund and 50 percent remaining with the F&E Fund.
Requires, on or before April 1, 2001, the Secretary of State and the State Consumer Services Agency, in conjunction with other state agencies, to establish an Interagency Council on State Contracting and Business Partnerships to solicit advice from the business community to increase small business access to state contracts, to encourage partnerships between prime contractors and small business subcontractors and to take positions on regulations and legislation affecting the business community. Specifies that the Interagency Council on State Contracting and Business Partnerships will be in effect for one year from date of establishment.
Provides that a public entity may use design-build procurement for general building projects if it provides specified information about the cost and time of completion of the project to the public and requires all bids to include specified information about subcontractors. Also provides that design-build procurement may not be used for general engineering projects.
Enacts statutory provisions to implement a proposed amendment to the California Constitution related to public contracting for architectural and engineering services, as specified.
Modifies the stamp or coversheet that is required to be placed on a declaration, governing document or deed, which states that any discriminatory restriction violates the law and is void, by (1) adding a provision stating that lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status, and (2) reducing the required font size and color of the notice. Establishes a procedure whereby an owner of property may seek to remove any discriminatory restriction from a document by filing an application with the State Department of Fair Employment and Housing, and record the modified document.
Requires public entities to meet specific requirements when terminating a contract.
Establishes procedures and authorizes a fee for renewal of a notary public commission.
Provides that it is the intent of the Legislature to create alternatives for Native American Tribes in California to finance and develop infrastructure and public works.
Allows a state or local agency to maintain a searchable Internet data base as long as the home addresses or telephone numbers of elected or appointed officials cannot be accessed by that data base by a search for title or position.
Makes various substantive and clarifying changes to the Public Contract Code relative to the procurement of materials, supplies, equipment, information technology, and services.
Requires every state agency that maintains an Internet site to make available on the site a list of reports prepared by that state agency that are subject to disclosure under the California Public Records Act.
Establishes the California Historic Cemetery Commission (CHCC) and sets the membership, terms, meeting requirements, and that members shall serve without compensation. Specifies that the CHCC will sunset in 2006.
Modifies the Administrative Procedures Act to clarify state rulemaking provisions, as specified.
Provides that employees of any entity covered by the California Fair Employment and Housing Act are personally liable for their acts of harassment, regardless of whether their employer knows or should have known of the conduct that fails to take immediate and appropriate corrective action.
Prohibits public employers or state contractors from using state funds to discourage or encourage unionization.
Makes it explicit that state agencies must pay invoices on the date required by the contract and within 45 days of receipt of an undisputed invoice, or be subject to late penalty fees.
Revises the list of armories to be made available as temporary shelters and expands the time frame of the Temporary Emergency Shelter Program, as specified.
Creates a statewide human relations commission to foster greater tolerance of diversity in California, as specified.
Requires the California State Library Research Bureau to conduct an evaluation, as prescribed, of joint-use projects that may be funded pursuant to the recently approved Library Bond Act of 2000 and requires the State Librarian to submit a primary report on that evaluation to the Governor and the Legislature by no later than six months after the completion of at least three joint-use projects, and a final report by no later than one year after submission of the preliminary report.
Creates the California Twenty-First Century Infrastructure Investment Fund to finance state and local infrastructure on a pay-as-you-go basis by transferring specified amounts from the General Fund into the new fund each year. Increases the percentage of General Fund revenues transferred into the fund incrementally from one percent in 2000-01 to five percent in 2006-07 and thereafter. Provides that the percentage increases will be reduced in any year in which General Fund revenue growth is less than three percent. States that the fund is to be used for capital outlay related to corrections, education, parks, hospitals, transportation (including port projects), water (including water storage, delivery, and sewage and storm runoff treatment).
Similar legislation was AB 1701 (Leach), which died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
Requires the California Arts Council to establish at least four regional support centers that will promote arts education in the schools.
Establishes the State Infrastructure Investment Account and requires the State Controller to transfer one percent of General Fund revenues to the State Infrastructure Investment Account annually.
Requires the State Department of Information Technology (DOIT) to oversee the development and maintenance of a single state Internet portal, repeals provisions requiring the posting of specified information on the Internet by state agencies and departments, and requires the Director of DOIT to convene an Electronic Government Task Force, as specified.
Transfers, from the State Department of Finance (DOF) and the State Department of General Services (DGS) to the State Department of Food and Agriculture, the authority to oversee the procurement of telecommunications goods and services by district agricultural associations (DAAs), essentially allowing DAAs to buy these items without going through the DGS/DOF approval process. Grants to DGS the opportunity to put its own bid in whenever a DAA solicits bids for telecommunications goods and services.
Requires, with respect to state agencies, specifications to provide a period of time for submission of data prior to or after the award of the contract, and provides that if no time period is specified, data may be submitted for 35 days after the award of the contract. Provides an exception to match other products in use on a particular public improvement.
Makes various changes to the State Department of Information Technology's authorizing statute, requires the issuance of digital identification by the State Department of Motor Vehicles, and provides various tax credits to Internet service providers.
Authorizes a public entity, including the Trustees of the Cal