Legislature LegislatureThe following State Senators are being termed out of office in 2002:
Name | Years of Senate Service | Years of Assembly Service |
| James Costa (D) | 8 | 16 |
| Ray Haynes (R) | 8 | 2 |
| K. Maurice Johannessen (R) | 8-1/16 | |
| Richard Monteith (R) | 8 | |
| Jack O'Connell(D) | 8 | 12 |
| Steve Peace (D) | 8-1/12 | 11 |
| Richard Polanco (D) | 8 | 8 |
Senator Richard Ackerman (R) is a candidate for Attorney General, Senator Bruce McPherson (R) is a candidate for Lt. Governor, and Senator Tom McClintock (R) is a candidate for State Controller. Senator Monteith (R), who is being termed out, is a candidate for U.S. Congress, running against Assemblymember Dennis Cardoza, who defeated the incumbent, Gary Condit, in the March Primary.
Senator Jack O'Connell (D), who is also being termed out, is a candidate for State Superintendent of Public Instruction. Senator Ray Haynes (R) is a candidate for the State Assembly. Senator Haynes (R) had served two years in the Assembly prior to being elected to the Senate.
In early 2002, the Assembly selected Herb Wesson (D) to replace Robert Hertzberg (D), who is being termed out of office. Marco Firebaugh (D) was selected as Majority Floor Leader to replace Kevin Shelley (D), Juan Vargas (D) was selected Assistant Majority Leader and Joe Nation (D) replaced Dennis Cardoza (D) as Chairman of the Assembly Rules Committee.
The following is a list of Assembly members who have been termed out of office and the House Resolution (HR) which designates their retirement from the Assembly:
| Name | HR |
| Elaine Alquist (D) | HR 72 |
| Dion Louise Aroner (D) | HR 58 |
| Ray Ashburn (R)
Candidate for Assembly | HR 82 |
| Bill Campbell (R) | HR 70 |
| Tony Cardenas (D) | HR 77 |
| Dennis Cardoza (D)
Candidate for U.S. Congress | HR 66 |
| Gilbert Cedillo (D) | HR 85 |
| Sally M. Havice (D)
Unsuccessful candidate for U.S. Congress | HR 55 |
| Robert Hertzberg (D) | HR 87 |
| Fred Keeley (D) | HR 52 |
| Lynne Leach (R)
Unsuccessful candidate for State Superintendent of Public Instruction | HR 57 |
| Bill Leonard (R)
Candidate for State Board of Equalization | HR 67 |
| Carole Migden (D)
Candidate for State Board of Equalization | HR 68 |
| Louis Papan (D) | HR 74 |
| Rod Pacheco (R) | HR 78 |
| George C. Runner (D) | HR 65 |
| Kevin Shelley (D)
Candidate for Secretary of State | HR 71 |
| Virginia Strom-Martin (D) | HR 81 |
| Helen Thomson (D) | HR 79 |
| Carl Washington (D) | HR 59 |
| Howard Wayne (D) | HR 60 |
| Roderick D. Wright (D) | HR 78 |
Other Assemblymembers who are not returning to the State Assembly are as follows:
| Samuel Aanestad (R) | HR 53 | Candidate for State Senate |
| Mike Briggs (R) | HR 84 | Unsuccessful candidate for U.S. Congress |
| Thomas Calderon (D) | HR 69 | Unsuccessful candidate for State Insurance Commissioner |
| Richard Dickerson (R) | HR 80 | Unsuccessful candidate for State Senate |
| Dean Florez (D) | HR 56 | Candidate for State Senate |
| Dennis Hollingsworth (R) | HR 63 | Candidate for State Senate |
| David G. Kelley (R) | HR 73 | |
| Anthony Pescetti (R) | HR 62 | |
| Phil Wyman (R) | HR 76 | Unsuccessful candidate for reelection to the Assembly |
| Charlene Zettel (R) | HR 61 | Unsuccessful candidate for State Senate |
Assemblymember Papan (D) is leaving the Legislature after 20 years of service (1973-86 and 1996-2002 in the State Assembly), Assemblymember Leonard (R) is leaving after 24 years (1978-88 and 1996-2002 in the State Assembly and 1988-96 in the State Senate), Assemblymember Kelley (R) is leaving after 24 years (1978-88 and 2000-2002 in the State Assembly and 1992-2000 in the State Senate), and Assemblymember Wyman (R) is leaving after approximately 17-1/2 years of service (1978-92 and 2000-02 in the State Assembly and 1993-94 in the State Senate).
Permits a former member of the Legislature, with six or more years of legislative service, who is not covered by any retirement system to which the state makes contributions, to elect health and dental coverage under the State's plans for annuitants. Former legislators electing this coverage will be required to pay all employee and employer contributions related to the coverage, plus an additional two percent to cover administrative costs.
Prohibits the passage of a bill by either house until 72 hours after the bill, with amendments, has been printed, distributed to the members, and made available to the public in printed or electronic form.
A similar bill was ACA 25 (Bogh-R), which died at the Assembly Desk without being referred to a committee.
Adopts the 2001-02 Regular Session Joint Rules. Major differences from last session's rules are prohibiting the tombstoning of legislation, requires bills and resolutions to be introduced by the member or the House of origin with other named members being co-authors. Adds a new Rule 35.5, relative to the issuance of subpoenas by legislative committees.
Proclaims that the late Assemblymember Frederick Madison Roberts be posthumously honored during February 2002, the celebration of Black History Month.
Revises Senate Rule 12 relative to the Senate standing committees, which bring the rule in line with the current membership numbers of those committees.
Enacts the Legislative Captioning Act of 2001, which provides that, upon appropriation of funds for purposes of the bill in the annual Budget Act, the Rules Committee of the respective house shall provide closed-captioned and live-captioned broadcasts of the floor sessions and committee hearings of the Senate and Assembly. Under the bill, the Joint Rules Committee provides closed-captioned and live-captioned broadcasts of a joint committee hearing.
Specifies that employees of the Legislature have the same rights respecting working conditions as are applicable to persons employed in the private sector. Specifies that employment-related laws of the state applicable to private-sector employers also apply to the Legislature.
Requires the Legislative Counsel and the employee's of the Legislative Counsel Bureau to observe any holiday to which the Legislative Counsel and the employees of the Legislative Counsel Bureau are entitled and that is also observed by the Legislature on the same day that the holiday is observed by the Legislature.
Removes the limitation on retirement benefits paid to retired members of the Legislators' Retirement System serving in salaried public office.
Establishes a burial benefit of $7,500 for all active and retired members of the Legislators' Retirement System.
Applies rights and privileges to domestic partners of legislative employees.
State and local government Budget Trailer Bill which, among other provisions, allows the Legislative Counsel Bureau to observe any holiday that is also observed by the Legislature, on the same day that the holiday is observed by the Legislature.
Makes various changes to clarify procedures by which a witness may be compelled to give testimony or produce documents or other materials in a legislative proceeding, despite an assertion of the privilege against self-incrimination, and thereby be granted immunity from criminal prosecution.
Increases the legislative term limits for Senator from two terms to three terms and for Assemblymembers from three terms to six terms.
Makes various changes in provisions relating to legislators' salaries, commencement of members of the Legislature, and changes sessions of the Legislature.
Requires that a bill that establishes or adjusts the boundaries of a Senate, Assembly, Congressional, or Board of Equalization district be placed on the third reading file in its final form for a period of at least 14 calendar days prior to passage in each house of the Legislature.
Proposes the "People's Right to Review Act." Provides that if a bill is assigned to, and reported out by, a committee of either house of the Legislature, the bill may not be passed by that house, unless it is read by title on three days in the house after it is reported out by the committee. Provides that if a bill is voted on by a house without being assigned to a committee, the bill may not be passed by that house unless it is ready by title on three days, except that the house may dispense with this requirement by a 4/5 rollcall vote of the members.
Urges that all televised legislative hearings and proceedings be provided with closed-captioning or live-captioning, in order to ensure that all citizens with hearing disabilities are given equal access to the political process.
Honors Senator Jim Costa for his legislative leadership and accomplishments by dedicating a portion of State Highway Route 180 in Fresno County as the Senator Jim Costa Highway.
Requests that state agencies and the Legislature include young people in the decision-making process regarding matters that affect California's young people.
Designates a portion of State Highway Route 1 in San Mateo County to Assemblymember Louis J. Papan.
Amends Senate Rule 37 to add the Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee and the Assembly Veterans Affairs Committee.
Extends the Assembly thanks, congratulations and best wishes to Robert M. Hertzberg on the close of his term as the Speaker of the Assembly and renames the Capitol Institute the "Robert M. Hertzberg Capitol Institute."
Specifies that the staffing of the Assembly committees involved in developing the 2011 redistricting plan be reflective of the legally protected populations and ethnic diversity of the state and to include individuals of diverse backgrounds and who have relevant experience with organizations that have a continuous history of involvement with the redistricting process.
Alcoholic Beverage ControlMakes changes to existing law, which permits a beer manufacturer, or beer wholesaler, to furnish, give, rent, lend, or sell, any equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies, were lost or damaged as a result of a natural disaster. Current law does not apply to transactions that occur six weeks, or more, after the Governor proclaims an area to be in a state of disaster. Specifies that this provision is inapplicable to transactions that occur three months, or more, after the Governor proclaims an area to be in a state of disaster.
Allows an alcohol manufacturer to purchase advertising from, or on behalf of, an on-sale licensee located in Tulare County and San Bernardino County, as specified.
Allows an alcoholic beverage manufacturer or wholesaler to install displays advertising or promoting their products on the premises of on-sale licensees, in addition to on the premises of off-sale licensees as allowed under current law.
Modifies existing licensing and posting provisions in the Alcoholic Beverage Control Act for public warehouses that receive, store and deliver "wine".
Prohibits a licensed wine importer from purchasing or accepting delivery of an imported brand of wine unless the person is designated by the brand owner as an authorized importer of that brand. Exempts from the prohibition the sales of "vintage wine" pursuant to current law and wine imported by a retail licensee for sale in a wine auction pursuant to current law.
Authorizes the State Department of Alcoholic Beverage Control to revoke or suspend an alcoholic beverage license, if the licensee, or the agent or employee of the licensee, violates a specified provision of statutory law relating to the furnishing of drug paraphernalia.
Clarifies an existing exception to tied-house rules for a non-profit theater in Napa County and requires the State Department of Alcoholic Beverage Control to include information on enforcement efforts conducted in conjunction with local law enforcement in their annual report to the Legislature.
Permits alcoholic beverage suppliers to conduct sweepstakes or contests that offer adults the opportunity to win prizes or other things of value.
Authorizes a local governing body to determine that the public convenience and necessity will be served by the issuance of an alcoholic beverage license only if the license is made subject to conditions outlined by the local governing body. Requires the State Department of Alcoholic Beverage Control (ABC) to review the requested conditions and determine whether a license should be issued subject to those conditions and any others the ABC deems to be appropriate.
Authorizes alcoholic beverage licensees, with 10 or fewer employees, to petition the State Department of Alcoholic Beverage Control (ABC) for a training program in lieu of, or to mitigate, a proposed license suspension or fine. Requires the licensee to pay a fine of not less than $100, as determined by ABC. Limits, until January 1, 2005, the number of petitions that may be approved by the ABC.
Allows holders of temporary "distilled spirits" sales permits to purchase "distilled spirits" using the same methods of payment as temporary beer and wine permit holders. Additionally allows the issuance of an on-sale "distilled spirits" license to a symphony association meeting certain existing criteria.
Horse RacingEliminates the license fee that racing associations must pay to the state from proceeds received from out-of-state systems.
Provides that license fees from satellite wagering on horse races, deposited in a special account and continuously appropriated to a separate account in the Fair and Exposition Fund, can be used for earthquake preparedness improvements at fairs, in addition to other current designated uses.
Gives the California Horse Racing Board (CHRB) the authority to determine whether the total amount paid to the state by racing associations and fairs, pursuant to the Horse Racing Law, is less than $40 million, and requires the CHRB to notify each racing association and fair, in writing, of its pro rata share of the shortfall, on or before February 1 of the year following the year of the shortfall and requires the CHRB to resolve any protests, as specified. Specifies that the amounts due under this bill shall be paid from distributions available for commissions, purses, and breeder awards, and shall be paid to the State Treasury for credit to the Fair and Exposition Fund in three equal installments, due as specified.
Applies the California Horse Racing Board's limitation to annually allocate a maximum of 28 racing days to any fair in the northern zone. Allows mule races to be conducted at any fair.
Increases, from 20 percent to 40 percent, the amount of designated charity day racing proceeds that must be distributed to charities associated with the horse racing industry. Specifies that the additional 20 percent must be distributed through a specified nonprofit corporation or trust to qualified disabled jockeys and that entity will provide a described annual accounting and report to their board to indicate compliance with the provisions of this bill.
Provides that a California-bred paint horse is a registered paint horse foal conceived in California by a stallion standing in California at the time of conception, or by a registered paint horse stallion, as specified.
Allows the California Thoroughbred Breeders Association more discretion over the existing dollars allocated to restricted California-bred purses.
Provides that when the Fresno District Fair and a thoroughbred association conduct live racing meetings concurrently in the northern racing zone, satellite signals from both racing programs shall be accepted at each live racing meeting in the northern zone and at all satellite wagering facilities eligible to receive these programs. Specifies that the Fresno County Fair will receive a percentage of the combined satellite wagering commissions payable to the thoroughbred association and the fair. During these periods, the association and the fair will deduct the same percentage form the total amount wagered in their daily conventional and exotic parimutuel pools to be distributed, as specified. Provides that these race meetings shall also combine operating expenses at these times.
Allows a harness or Quarter Horse racing association to "bank" up to two out-of-state or out-of-county imported races on a specific race day, and then add those races to another race day's importation schedule.
Broadens the definition of "propositional wagering" to include wagers on propositions approved by the California Horse Racing Board that are based on the results of all live horse races, instead of just Quarter Horse races. 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.
Allows a racing association that conducts quarter horse races in the southern zone to execute an agreement with a thoroughbred racing association to distribute the signal and accept wagers on out-of-country thoroughbred races, subject to the consent of the thoroughbred horsemen. Specifies that, if consent is withheld, any party may appeal the withholding of the consent to the California Horse Racing Board, which may determine that consent is not required. These out-of-country races may only be imported three nights per week.
Allows the Shasta District Fair to operate an additional satellite wagering facility within the fair, contingent upon the approval of the State Department of Food and Agriculture and the California Horse Racing Board. Deletes the requirement that a fair be state-designated from the law, which encourages and develops the racing of all horses in California. Allows mule racing meeting or mule races to be conducted by any fair, instead of only by a county fair, district agricultural association fair, or citrus fruit fair.
Requires the annual audits of the horsemen's organizations that are currently filed with the California Horse Racing Board be additionally submitted to the Senate and Assembly Committees on Governmental Organization.
Allows a quarter horse racing association to conduct a race for paint horses only, to replace an Appaloosa or Arabian race. Requires a specified amount from purses be paid to the quarter horse horsemen's organization for representing horsemen relating to specific types of racing.
Provides that the San Mateo County Fair may operate one satellite wagering facility in San Mateo County, as specified.
Allows harness racing associations the ability to provide funding for increased workers compensation insurance. Contains language to avoid a chaptering out problem with AB 2932 (Horton-D) and AB 2629 (Strickland-R).
Provides that mule races may be conducted by any fair that is licensed by the California Horse Racing Board to conduct live racing and adds a number of relevant definitions. Makes a number of technical and clarifying changes to horse racing statutes in a continuing effort to update horse racing law.
Extends a current law that requires a thoroughbred racing association or fair to pay a specified amount of purse revenue to a thoroughbred horsemen's organization to help fund a national thoroughbred racing marketing program. Extends the sunset provision on the law form January 1, 2004, to January 1, 2008.
Authorizes the California Horse Racing Board (CHRB) to permit the Solano County Fair to conduct live racing meetings at another site within or outside Solano County, if the site of its 2002 racing meeting is no longer available for horse racing in any subsequent year. Permits that fair, subject to approval of the CHRB, to conduct its racing dates at a facility operated by a thoroughbred racing association or fair licensed to conduct a racing meeting in the northern zone, as specified. Corrects an unintended drafting error in last year's AB 471 (Hertzberg-D), Chapter 198, Statutes of 2001, relating to specified distributions to the Kenneth L. Maddy Fund, Center for Equine Health at the University of California at Davis.
Allocates three positions on the board of directors of the organization representing owners for persons holding licenses as both owners and trainers, and for their spouses who are licensed as owners, as specified, and makes related and conforming changes. Limits the board of the organization representing owners to 15 members of equal standing, as specified. Sunsets on January 1, 2006.
Adds the national recognized Claiming Crown to the grouping of imported race cards, which are exempt from the 23-race per day limit.
Permits the California Horse Racing Board (CHRB) to authorize any racing association licensed to conduct quarter horse racing, to also conduct mule racing under specified conditions. Allows for a reduction in the amount of purses and commissions with agreement by the racing association and horsemen and approval by the CHRB.
Authorizes funds from a designated marketing program and funds used for the purpose of stabling and vanning horses to be used to defray the cost of workers' compensation insurance for jockeys of thoroughbred trainers and stable employees, as specified.
Other Gaming LegislationDeclares that it is the intent of the Legislature to ensure that all revenues from bingo games be used exclusively for charitable purposes, as required by Section 19 of Article IV of the California Constitution, and to prevent the use of any bingo funds for any other purpose. Prohibits the use of funds raised by bingo games for charitable purposes outside of California, with specified exceptions. Requires the California Gambling Control Commission to adopt regulations regulating bingo games by all organizations, including any organization already conducting bingo games prior to September 1, 2002, that specify, among other things, the manner in which the games are conducted, the format for cards and other devices, financial reporting requirements, and minimum licensure requirements for entities to conduct bingo games.
Allows the State Lottery Commission (Commission) to use the game of bingo and changes the percentage allocation of lottery revenue for a three year pilot period. Specifies that the Commission is prohibited from allowing lottery games to be offered over the Internet. Allows the Commission to sell lottery tickets using an electronic or electromechanical device that also serves a separate function that could involve dispensing cash or items of value, as long as that function was independent of the lottery dispensing function.
Exempts a card club in existence prior to July 1, 2000, that is owned by a publicly traded racing association, from a provision in the Gambling Control Act that generally prohibits a person from being licensed to own or lease and operate 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 prohibited in California.
Creates the Indian Gaming Improvement Commission which will be responsible for determining the eligibility of requests for appropriations of monies from the Indian Gaming Special Distribution Fund, and makes technical changes to tribal gaming.
Deletes the statutory prohibitions on the use of bingo as a theme in a lottery game.
Requires an annual financial audit of organizations that operate specified bingo games and requires the organizations to pay the costs of the audit. Increases the allowable prize limit from $250 to $500 for one bingo game per day.
Authorizes a publicly traded corporation to be eligible for licensure as an owner in no more than two card clubs, provided the corporation meets the applicable eligibility and licensing provisions of the Gambling Control Act of 1997 and any other requirements established by the California Gambling Control Commission (CGCC). Allows specified persons and corporations to obtain a gambling license, despite having a financial interest in an establishment that offers forms of gambling that are illegal in the state, as long as the CGCC, upon recommendation by the Division of Gambling Control, finds that the ownership interest is not detrimental to enforcement of state gaming law.
Allows a person or entity that manufactures, sells, rents, leases, assembles, tests, repairs, transports or stores slot machines or devices in California to conduct business directly in this state if the party they are doing business with is a tribe authorized by a state-tribal gaming compact to own or operate these slot machines or devices.
Allows registered manufacturers of slot machines, or devices, to sell machines made in California to entities legally entitled to operate them in California.
Extends the report requirement date, from January 1, 2000, to January 1, 2003, that the California Gambling Control Commission must submit its findings to the Governor and the Legislature on (1) the consequences, benefits, and disadvantages of imposing a state tax on revenue generated by licensed gambling establishments, and (2) the regulation of advertising for the purpose of limiting exposure of children to materials promoting gambling.
Contains legislative findings and declarations of the Legislature with regard to online gambling games, and provides that it is unlawful for any person to operate any prohibited online gambling game for money, checks, credit, or any other representative of value. Provides that every person who operates or offers for play any prohibited online gambling game to any person physically located in this state at the time of the transaction, or who operates a prohibited online gambling game from a host server, as defined, that is physically located in this state at the time of the transaction, is guilty of a misdemeanor, as specified.
Establishes a stand-alone chapter within the Government Code for Tribal-State gaming compacts enacted and approved under Proposition 1A.
Amends Item 0855-001-0367 of Section 2.00 of the Budget Act of 2002 to prohibit any of the monies appropriated from being expended by the California Gambling Control Commission until no fewer than 10,803 new licenses are made available to operate gaming devices, in addition to those licenses to operate gaming devices issued previous to July 1, 2002.
Authorizes a person possessing a license to operate a gambling establishment to remove from his or her licensed premises any person who, while on the premises, is under the influence of a controlled substance.
Renumbers various sections and article headings within the Gambling Control Act, eliminates outdated preferences, resolves conflicting provisions, and makes other technical and clarifying changes.
Increases the membership of the Gaming Policy Advisory Committee to 13 members and revises its composition to include six representatives of controlled gambling licensees, and seven persons who are members of the general public or who are local government officials representing a city or county in which a gambling establishment is located. Also prohibits the committee from advising the California Gambling Control Commission on Indian gaming.
Creates a misdemeanor and an alternate misdemeanor/felony for cheating in gambling games or wagering events.
Requests that Cruz M. Bustamante, Lieutenant Governor, consider the economic impact of Indian gaming on the state as a significant issue of state economic development that may be considered by the Commission for Economic Development.
Public EmployeesEstablishes the State Civil Service Equal Employment Opportunity Program (Program) and assigns to the State Personnel Board the responsibility for providing statewide program leadership, coordination, monitoring and enforcement of the Program, and makes various other changes to ensure equal employment opportunity in state government.
Ratifies the Memorandum of Understanding negotiated between the State of California and State Bargaining Unit 6, California Correctional Peace Officers Association, pursuant to Section 3517 of the Government Code.
Provides enhanced retirement benefits under the State Public Employees' Retirement system to members of State Bargaining Unit 7, Protective Services and Public Safety, represented exclusively by the California Union of Safety Employees, includes as a peace officer under the Penal Code the State Attorney General and allows persons who were employed in various fellowship programs to purchase credit for that time in the State Public Employees' Retirement System, as specified.
Ratifies the Memorandum of Understanding between the State and State Bargaining Unit (BU) 9, Professional Engineers in California Government. Reduces the retirement contribution for all BU 9 members by five percent, effective as of a date to be determined by the Director of the State Department of Personnel Administration, but not earlier than April 1, 2002. Restores, effective July 1, 2003, the retirement contribution rate to the levels in effect on August 30, 2001. Implements all other tentative agreements reached on June 18, 2002, between the State and BU 9. Appropriates $4.643 million to cover employee compensation costs.
Similar legislation is SB 1213 (Alpert-D), which died in Assembly Public Employees, Retirement and Social Security Committee.
Includes California State University employees in the rural health care equity program.
Defines certain terms relating to employee assistance programs, including the scope of practice of persons who provide services in an employee assistance program. Makes findings and declarations regarding the Employee Assistance Certification Commission and the certification of employee assistance professionals by the commission. Provides that its provisions do not authorize a non-licensed mental health care professional functioning as a certified employee assistance professional or an employee assistance professional to provide diagnosis or treatment.
Establishes vision care benefits for state annuitants comparable to the vision care benefits provided to current state employees. Specifies that this benefit applies to retirees and their families, provided the employee retires on or before July 3, 2002.
Provides that wages earned by state employees for labor performed in excess of the normal work period be paid no later than the next regular payroll period.
Makes various changes needed by local contracting agencies of the State Public Employees' Retirement System and counties operating retirement systems under the County Employees' Retirement Law of 1937 adopting the new retirement formulas authorized by the Legislature last year for miscellaneous and general members.
Provides an industrial retirement benefit equal to 50 percent of salary, regardless of the age at which employment begins.
Provides that all state supervisory and managerial employees be paid at a salary range that is at least ten percent higher than the salary range of the highest rank and file employee over whom the supervisory has authority. Specifies that the ten percent increase will be phased in over three years.
Makes state employees who are on inactive military duty eligible for paid leave.
Expands the definition of a "school employer" to include a joint powers agency formed by two or more school districts, as specified, and requires the agency to contract with the State Public Employees' Retirement System Board of Administration to provide retirement benefits to the agency's employees, as specified.
Allows local contracting agencies of the State Public Employees' Retirement System (PERS) to include hazardous materials personnel within the local safety member category and makes the provisions allowing counties operating retirement systems under the County Employees' Retirement Law of 1937 to include hazardous materials personnel within safety membership consistent with those being added to the PERS law.
Provides specified salary and benefit compensation for various state employees who are called to active military service as a result of the war on terrorism.
Ratifies the memoranda of understanding between the state and Bargaining Unit 1 (Administrative, Financial and Staff Services), Unit 3 (Education ad Library), Unit 4 (Office and Allied), Unit 11 (Engineering and Scientific Technicians), Unit 15 (Allied Services), and Unit 21 (Educational Consultant, Library and Maritime) all exclusively represented by the California State Employees Association. Appropriates $35,486,000, as scheduled, from various funds in augmentation of specified items of the Budget Act of 2001 for state employee compensation.
Codifies a State Attorney General's opinion that employee organizations may collect payroll deductions for political purposes so long as those deductions are not collected for a specifically named candidate. Also clarifies that local agencies may only payroll deduct for those purposes authorized by the Legislature contained in the Government Code.
Allows state agencies with serious recruitment shortages to reimburse new or existing employees for educational expenses in exchange for those employees serving a minimum period of employment.
Makes three higher retirement formulas available to state miscellaneous and industrial employees, subject to collective bargaining and allows the employees' contributions rate, with respect to each formula, to be determined in the collective bargaining agreement.
Establishes the Deferred Retirement Option Program as an optional benefit program for law enforcement members of and specified firefighter members of counties operating retirement systems under the County Employees' Retirement Law of 1937 that choose to offer the program.
Declares the intent of the Legislature to reaffirm diversity as a public policy goal in public employment and public contracting. Authorizes governmental agencies to engage in various general recruitment and outreach programs and focused outreach activities to increase diversity in public employment and public contracting. Requires each state department or agency awarding a contract or procuring goods or services, and authorizes each local agency receiving state funds, to collect information and report annually to the Governor and the Legislature on the participation level of minority, women, and disabled veteran-owned business enterprises in these contract and procurement activities.
Establishes a state policy with respect to the dissemination of examination and employment information and requires the State Personnel Board (SPB) to develop, by rule, a system requiring state agencies and departments to implement this policy. Requires each department to submit to the SPB, by December 15, 2002, a listing of examinations that will require validation and estimated costs of validation. Requires the SPB to report to the Governor, the Legislature, and the State Department of Finance on the accomplishments of each state agency and department in meeting its stated affirmative action goals for the past fiscal year. Revises the information that is to be included in this report with respect to each state agency and department meeting its stated employment goals. Makes other related changes.
Requires that where the charter in a charter city establishes a personnel system, merit system, or civil service system that may only be withdrawn by a vote of the city's electors, but is silent on the numerical percentage needed to approve the withdrawal, approval shall be by a vote of two-thirds of those voting in the special or regular municipal election.
States that it is the intent of the Legislature to establish a Deferred Retirement Option Program as a voluntary program in the State Public Employees' Retirement System for those local safety members whose employing agency elects to be subject to the program. Specifies that the program will provide eligible members access, upon retirement, to a lump sum or additional monthly payments in addition to a monthly retirement allowance.
Increases incrementally, beginning in 2004, the minimum local employer contribution for the Public Employees' Medical and Hospital Care Act health plan from $16 per month per employee or annuitant by $97 by 2008, and requires that, beginning January 1, 2009, this amount be adjusted annually by the change in the Consumer Price Index.
Applies the one-year limitation for bringing a cause of action related to state civil service law or administration to the state or any other governmental entity and establishes an exception to the one-year provision by requiring that an action or proceeding to reverse a final decision of the State Personnel Board for reinstatement or an award of back pay must be filed and served within 90 days of the final decision.
Makes various changes to the Public Employees' Medical and Hospital Care Act related to the provision of cost effective benefits for public employees by the State Public Employees' Retirement System (PERS) and authorizes the PERS board member who is an elected official of a contracting agency to designate a deputy or act in his or her place on the board.
Makes various minor and technical amendments to various sections of the Government Code administered by the State Public Employees' Retirement System. Also permits former legislators, as specified, to enroll in the state's health and dental coverage for annuitants and pay 102% of the total required contributions.
Requires the State Department of Forestry and Fire Protection to pay firefighters who are rank and file members of Bargaining Unit 8 total compensation comparable to the average total compensation for all jurisdictions employing 75 or more full-time firefighters in California.
Requires specified peace officer associations to disclose to the Secretary of State an agent for service of process, as specified.
Increases the reimbursement available under the Rural Health Care Equity Program (RHCEP) for retirees of the State Public Employees' Retirement System (PERS) that are not enrolled in Medicare from $500 to $1,000 per fiscal year. Increases the monthly subsidy under RHCEP for retirees that are enrolled in Medicare to include a partial payment for the retirees' preferred provider plan equal to the average of the average monthly premium cost of PERS-approved health maintenance organizations and the premium for the lowest cost preferred provider organization.
Authorizes the San Bernardino County Employees Retirement Association to contract with County Counsel or attorneys in private practice or employ staff attorneys for legal services in all needed areas, instead of only in instances of conflict of interest.
Reclassifies cadets employed by the State Department of the California Highway Patrol (CHP) from the state miscellaneous classification to the state patrol safety classification, if they graduate and become CHP officers. Applies retroactively and requires the transfer of service and assets from the state miscellaneous plan to the CHP plan. States that the CHP will have to notify the State Public Employees' Retirement System Board of Administration of eligible employees.
Makes various changes to the Public Employees' Medical and Hospital Care Act, administered by the State Public Employees' Retirement System, intended to minimize adverse selection and promote investments that reduce health care costs.
Requires significant cuts to the state bureaucracy to a total of five percent and $750 million. Requires the Governor to issue an executive order to provide additional service credits for designated units in order to encourage the early retirement of state employees. Requires 1,000 state positions to be abolished by the end of the 2003-04 budget year. Limits General Fund (GF) expenditures for the 2003-04 budget year in the amount of GF revenues.
Provides State Public Employees' Retirement System (PERS) Industrial Disability Benefits (50 percent of pay for life) for state miscellaneous members in State Bargaining Unit 12 and for the State Department of Transportation (DOT) highway workers who are injured in the course of their official duties and PERS "Special Death Benefit" for DOT highway workers who are killed in the course of their official duties. Contains language to avoid chaptering out problems with AB 2023 (Frommer-D).
Provides that, if a budget bill is chaptered that contains specified provisions requiring the Director of the State Department of Finance to eliminate certain employee positions in state government, the director may not abolish positions for peace officers and for certain field enforcement personnel, provided that the positions are funded or reimbursed by a specified source. Becomes operative only if AB 425 (Oropeza-D), or any other bill that enacts the Budget Act of 2002, is chaptered and requires the abolishment of vacant permanent positions pursuant to a provision that is the same or substantially the same as Section 31.60 of AB 425, as amended on June 29, 2002.
Repeals existing statute enacted as part of the Budget Act of 2002 that requires the abolishing of state employee positions left vacant for more than six months during a state hiring freeze, and enacts new statutes relating to the abolishing and reestablishing of vacant positions.
Authorizes members of the State Public Employees' Retirement System to purchase up to three additional years of service credit for time served as a volunteer in the Americorps.
Provides a framework for Contra Costa County to adopt new, higher levels of retirement benefits for safety and general county employees, with extra costs shared by the employees and the employer, pursuant to collectively bargained Memoranda of Understanding.
Provides that on and after January 1, 2003, expenditures for personnel and operating expenses and equipment 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, the Senate Rules Committee, and the Speaker of the Assembly, once every five years, beginning in January 2003, to cause an independent actuarial review to be conducted of such a public pension or retirement system, as specified.
Permits the "elected official of a local contracting agency" member of the State Public Employees' Retirement System Board of Administration to have an alternate attend board meetings with the power to vote when the member is not available.
Allows probation officers in San Bernardino County to be in the same bargaining unit as other peace officers.
Requires the State Public Employees' Retirement System, beginning January 1, 2002, to use the higher of either the United States city average Consumer Price Index for All Urban Consumers, or the California Consumer Price Index for All Urban Consumers, when calculating cost-of-living adjustments.
Allows the Los Angeles County Retirement System Board of Retirement to adopt certain funding plans at the request of the Board of Supervisors.
Requires significant cuts to the state bureaucracy to a total of five percent and $750 million. Requires the Governor to issue an executive order to provide additional service credits for designated units in order to encourage the early retirement of state employees. Requires 1,000 state positions to be abolished by the end of the 2003-04 budget year. Limits General Fund (GF) expenditures for the 2003-04 budget year in the amount of GF revenues.
Similar legislation was SB 1835 (Sen. Budget and Fiscal Review Committee), which became Chapter 1770, Statutes of 2002.
Establishes a contract option for contracting local agencies of the State Public Employees' Retirement System to provide local safety retirement benefits to employees performing hazardous materials services.
Reclassifies State Department of Motor Vehicle licensing registration examiners as state safety members entitled to higher retirement benefits under the State Public Employees' Retirement System.
Ratifies the Memorandum of Understanding negotiated between the state and employees in State Bargaining Unit 13, Stationary Engineers, represented by the International Union of Operating Engineers.
Requires that attorneys, employed by the State of California, subject to the collective bargaining process, including the State Attorney General, be compensated, at a minimum, with wages and benefits that are consistent with the specified salary parity provisions for public sector attorneys, as specified. Requires that compensation of state attorneys in State Bargaining Unit 2 be no less than the average total compensation of public sector attorneys. Requires the State Department of Personnel Administration (DPA) to annually determine the average salary for each specified level and region in the state. Requires DPA to take into consideration the above specified salary parity provisions in setting the compensation for state attorneys in Bargaining Unit 2 and to make a good faith offer of parity with respect to public sector agency attorney salaries in any negotiations with the exclusive bargaining representative. Requires that these provisions be self-executing during any period in which a Memorandum of Understanding is not in effect.
Provides an unspecified, ad hoc increase in the monthly allowances of state members (or their survivors) of the State Public Employees' Retirement System who retired or died prior to January 1, 2000.
Increases lump sum death benefits for state and school members of the State Employees' Retirement from $2,000 to $5,000. Applies to active members who retire on or before July 3, 2002, and retired members whose death occurs on or after January 1, 2001. Maintains the current death benefit amount of $2,000 for state and school employees retiring after July 3, 2002, unless those employees receive higher levels through collective bargaining.
Eliminates current provisions in the County Employees' Retirement Law of 1937 and the law governing the State Public Employees' Retirement System that require an employee to have no more than a six-month break in service when changing employment between public retirement systems in order to qualify for reciprocity with regard to final compensation.
Provides that a public agency, which is defined to include counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the state, may establish wage deduction programs for the purpose of payment for the support, maintenance, or care of an employee's child, children, family, or former spouse for whom the employee has a duty of support, payment of an employee's legal judgment, garnishment or deduction of an employee's wages pursuant to a court order, and payment of an employee's loan or obligation to a commercial lending institution.
Includes local prosecutors, as defined, within the local safety member classification under the State Public Employees' Retirement System and within the safety member classification under the County Employees Retirement Law of 1937. Authorizes those local prosecutors to elect not to become safety members and provides that prior prosecutor service shall be deemed safety service, at the employers' cost. Requires other city and county retirement systems to provide local prosecutors, as defined, with benefits provided to safety members under their respective systems. Declares the Legislature's intent to recognize the public obligation to provide all local prosecutors in the state with commensurate retirement benefits.
Ratifies the memoranda of understanding between the state and Bargaining Units (BUs) 14 (Printing Trades), 17 (Registered Nurses) and 20 (Medical and Social Services), all exclusively represented by the California State Employees Association.
Authorizes an employee organization representing supervisors of employees in State Bargaining Unit 6 (Correctional Peace Officers) to become the supervisors' exclusive representative for purposes of meeting and conferring with the state employer regarding wages, hours, benefits and working conditions.
Provides safety member classification to welfare fraud investigators and administrators budgeted within the Orange County Human Services Agency's Special Investigation Unit.
Ratifies the Memorandum of Understanding negotiated between the state and employees in State Bargaining Unit 2, Attorney and Administrative Law Judges, represented by California Attorneys, Administrative Law Judges and Hearing Officers in State Employment.
Requires that a leave of absence with pay be granted to state employees and employees of the California State University who are organ or bone marrow donors, and allows the Regents of the University of California to adopt the same leave of absence provisions.
Establishes a compensable injury presumption under the Workers' Compensation Law and the disability retirement provisions of state and local retirement systems for exposure to a biochemical substance.
Requires, if a city's civil service commission or personnel officer records a personnel hearing, the city to provide a copy of the recording to the employee upon the employee's request. Specifies that if the city transcribes the recording, the city must notify the employee of the transcript's existence within three days and must provide a copy to the employee upon request. Provides that the city may charge direct duplication fees for copies of recordings and transcripts.
Requires that when there is a city civil service commission or a similar entity, half of the membership must be nominated by the employee organization, while the other half be appointed by the city council.
Allows public employers to contribute funds to the State Public Employees' Retirement System to pay long-term care premiums on their employees' behalf.
Grants state agencies the authority to extend the probationary period of new employees for a period not to exceed six months in order to address disability accommodation issues, and authorizes state agencies to enter into an agreement with employees who may need reasonable accommodation of disabilities as an alternative to terminating the employee or accepting them as permanent employees.
Facilitates local contracting agencies and school employers to participate in risk pools established by the State Public Employees' Retirement System and provides that such participation will not impact the state's school funding formula.
Reinstates optional membership rights to participate in the State Public Employees' Retirement System to elected and appointed officials.
Makes various changes to the County Employees Retirement Law of 1937 as it relates to the Orange County Employees Retirement System.
Authorizes active members of the County Employees' Retirement Law of 1937 to purchase up to five years of service credit for additional retirement credit. Also applies to members in employment with the Senate, the Assembly, or the respective committees thereof, whose salaries or wages are paid from the Senate Operating Fund, the Assembly Operating Fund, or the Operating Funds of the Assembly and the Senate on or after January 1, 2003.
Prohibits the governing body of a specified public agency from removing or disqualifying certain employees from a health benefit plan.
Allows local agencies and counties to include local persons who, as of January 1, 2002, were employed as prosecutors, local public defenders, local public defender investigators and certain city attorneys as safety members of the various retirement systems, thereby excluding them from Social Security, allows local prosecutors and state public safety defenders to be included within the state safety member clarifications under the State Public Employees' Retirement System, if agreed to in a memorandum of understanding. This bill is double-jointed with SB 1984 (Soto-D).
Requires contracting agencies of the State Public Employees' Retirement System to continue paying the employer contribution toward health benefits for the surviving spouse and family members of a deceased firefighter or peace officer, for up to 120 days following the death of the employee, as specified, and authorizes payments in excess of $5,000 to survivors of specified police and firefighters without awaiting the probate of the deceased's will.
Provides county retirement boards with the authority to be flexible in the establishment of enactment dates for the Alternative Death Benefit programs under the County Employees' Retirement Law of 1937.
Allows the Fresno County Board of Supervisors to provide a 2.5 percent @ age 50 retirement formula to safety members and a 2.5 percent @ age 55 retirement formula to general members in that county and makes corresponding changes needed to implement these new formulas under the County Employees' Retirement Law of 1937.
Requires the Board of Investments of the Los Angeles County Employees' Retirement Association (LACERA) to have two additional members nominated by a majority of the bargaining units in the county and requires that certain surplus assets of LACERA be used to pay for new or increased retirement benefits.
Requires each state agency to establish a pool of supervisory employees, known as Skelly officers, to review adverse actions taken against state civil service employees. Each agency will be required to reimburse the State Personnel Board for training costs. Requires each state agency to track its litigation costs associated with discrimination cases and report to the Legislature by February 1 of each year.
Allows members of the State Public Employees' Retirement system whose retirement accounts have been separated due to divorce or legal separation, to maximize their retirement benefit without creating an increased liability to the employer. Provides a new method for calculating a member's benefit when the nonmember spouse elects to receive a retirement allowance rather than a return of contributions at the time of divorce.
Provides a golden handshake equal to one additional year of age and one additional year of service credit for eligible state employee of the State Public Employees' Retirement System who retire between July 1, 2002 and June 30, 2004, and immediately return to work as retired annuitants on a part-time basis for two additional years.
Requires that employees in State Bargaining Unit 12, Crafts and Maintenance, represented by the International Union of Operating Engineers, receive prevailing wages that are not less than those received by their counterparts in California's larger local agencies, requires the State Department of Personnel Administration to conduct the comparison study, specifies that salary increases will be phased in over a three year period, beginning July 1, 2003, and specifies that in no way will salaries be reduced as a result of the survey.
Establishes a Sate Excluded and Exempt Employees Salary-Setting Task Force to consist of no more than 12 participants, as specified, to create a new process to address the status of salary and benefit levels of excluded and exempt employees, and to recommend that process to the Governor and the Legislature prior to July 1, 2004. Sunsets January 21, 2006.
Allows part-time faculty of the California State University who teach six teaching units for two consecutive semesters or three consecutive quarters to qualify for membership in the State Public Employees' Retirement System, if agreed to through collective bargaining on or after July 1, 2004.
Requires the State Public Employees' Retirement System Board of Administration (Board) to offer a medical savings account option to all employees and annuitants beginning January 1, 2003. Requires the Board, in addition to the basic health benefits plans, to approve at least one high deductible health plan. Requires a purchasing alliance to solicit proposals from carriers to offer high deductible health plans to small employers, to define, market, offer, and sell to small employers any high deductible health plans purchased from participating carriers, and to maintain a medical savings account for each enrollee of a high deductible health plan.
Deletes language which gives a court or local agency authority to decide whether participation in a county's pension trust by its officers and employees may be optional or compulsory.
Makes the State Public Employees' Retirement System local contracting retirees in an inactive safety plan subject to the same benefit improvements provided to safety employees in active safety plans in the same contracting agency or county.
Authorizes Butte County to amend its contract on or before February 1, 2003, to authorize the surviving spouse of a member to receive specified additional death benefits if the member was eligible to retire and was a public safety officer killed in the line of duty between July 26, 2001, and February 1, 2003.
Establishes a burial benefit of $7,500 for all active and retired members of the State Public Employees' Retirement System, the Judges' Retirement System I and II and the Legislator's Retirement System.
Allows former safety members of independent public retirement systems and County Employee Retirement Act of 1937 systems to redeposit withdrawn or refunded contributions in order to reinstate their right to receive a monthly retirement benefits, thus establishing reciprocity.
Makes domestic partners in specified categories eligible for certain death benefits and survivor benefits subject to approval by the board of supervisors. Specifies that it only applies to Santa Barbara, Los Angeles and Marin Counties, which provide retirement benefits under the County Employees' Retirement Law of 1937.
Eliminates, beginning January 1, 2003, a State Public Employees' Retirement System local contracting agency's ability to reduce or modify benefits, without employee consent, for new employees of the agency.
Provides a different method for calculating an industrial disability allowance for specified local safety members and eliminates the authority of the State Public Employees' Retirement System to separately calculate retirement allowances under the two contracts when a local agency's contract is merged into another agency's contract.
Revises the definition of "meet and confer" as it is used in the Bill of Rights for State Excluded Employees (BRSEE) to require that the state fully consider the presentations made by organizations representing supervisory employees prior to reaching a decision, and make other related minor technical changes in the BRSEE statutes.
Provides that employees in State Bargaining Unit 9 (Professional Engineers) will receive a salary no less than that received by their counterparts in larger local agencies and the University of California. The salaries are to be based upon the State Department of Personnel Administration's survey published in November 2001, and will be phased in over a three-year period beginning July 1, 2003, contingent upon an appropriation in the annual Budget Act.
Allows State Public Employees' Retirement System local contracting agencies to grant safety retirement to welfare fraud investigators, subject to negotiation.
Allows a state retiree to appoint his or her domestic partner as beneficiary of an optional settlement election after retirement, just as a spouse may be so appointed.
Requires that an agency shop agreement shall be implemented between a public agency and a recognized public employee organization pursuant to specified rules, regulations, ordinances, and laws.
Provides that a person's failure to exhaust his or her judicial remedies after losing an administrative appeal from a State Personnel Board decision will not bar a related discrimination action by that person. Provides that, as long as a person property exhausts his or her administrative remedies under the Fair Employment and Housing Act (FHA), the person may bring a FHA discrimination claim in court, without also having to exhaust his or her state civil service administrative remedies.
Revises provisions of the Meyers-Milias-Brown Act (MMBA), the collective bargaining law governing local public agency employers and recognized employee organizations, and provides that an employee organization will not be deemed to have committed an unfair labor practice if it has violated a local rule adopted by a local a agency, if the local rules is in violation of current law under MMBA. Also provides that the Court of Appeals has jurisdiction to review decisions or order of the State Public Employment Relations Board.
Provides employee organizations the same right a local government agencies to request a quotation of the approximate level of contributions that would be required to participate in the State Public Employees' Retirement system (PERS), or to amending its contract with PERS to increase benefits.
Provides for final and binding arbitration of disputes regarding economic issues between the State and State Bargaining Unit 2, California State Attorneys, Administrative Law Judges and Hearing Officers in State Employment.
Requires the State Public Employees' Retirement System Board of Administration to conduct a study regarding the effects of authorizing state bargaining units to contract directly for health care benefits and to report the results of that study to the Legislature by January 1, 2004.
Requires the State to match, for eligible contributions of managers, supervisors and confidential employees, the lesser of five percent of the employee's salary, or the amount of the deduction authorized by the employee.
Allows the surviving spouse of a member of the State Public Employees' Retirement System who had the right to convert Second Tier service credit to First Tier, but did not request the conversion prior to death, to convert their service credit and benefits to First Tier. Specifies that in order to effect the conversion, the surviving spouse will be required to pay the member contributions that would have been paid had the member been subject to First Tier at the time the service was rendered, plus interest.
Exempts from the six-month vacancy abolishment process specified public safety positions within the State Department of Forestry and Fire Protection that are classified as Peace Officer/Firefighter positions for retirement purposes, park ranger and lifeguard positions in the State Department of Parks and Recreation, and warden positions in n the State Department of Fish and Game and provide critical services to ensure the public health and welfare.
Makes various changes regarding public employee benefits and retirement.
Urges governing bodies of the public pension and retirement systems of this state, in their capacities as shareholders of specified pharmaceutical companies, to support shareholder resolutions designed to develop and implement a policy, as specified, to provide HIV and AIDS drug treatments to less developed countries.
Memorializes the Governor and the State Department of Personnel Administration to quickly conclude negotiations with all state employee bargaining units so that the Legislature may ratify the memoranda of understanding before recessing for the year, and the memoranda of understanding contains specified elements.
Declares September 11 of each year to be Patriot Day and urges state agencies, local governments, and the people of California to (1) observe Patriot Day with appropriate programs and activities, (2) display the flag of the United States at half-staff, and (3) observe a moment of silence in honor of the individuals who lost their lives because of the terrorist attacks against the United States that occurred on September 11, 2001.
Memorializes the United States Congress and the United States Department of Justice to include the families of wildland firefighting pilots and their crews, past and present, who have worked or who now work on a contracting basis as eligible for death benefits on the same basis as public safety officers.
Other State GovernmentRequires the Governor's Office of Emergency Services to develop specified training relative to terrorism awareness and response, and requires categories of personnel identified by the office to complete the training by June 30, 2002.
Provides that any religious organization is eligible, on the same basis as any other private organization, as a contractor or recipient of a grant under any program administered by a state agency, so long as the program is implemented consistent with the First Amendment of the United States Constitution and Section 4 of Article I of the California Constitution. Prohibits a state agency from discriminating against an organization that is, or applies to be a contractor, or applies for a grant on the basis that the organization has a religious character, as specified.
Authorizes the California Science Center, within the State and Consumer Services Agency, to establish the Rosa Parks Learning Center in Los Angeles, as specified, and makes related changes.
Appropriates $2 million from the General Fund to the California Arts Council, in augmentation of Item 8260-103-0001 of Section 2.00 of the Budget Act of 2000, for allocation to the Hollywood Entertainment Museum.
Establishes California's American Indian Nations Information Project and California's American Indian Nations Advisory Council within the State Library to provide appropriate guidance and a source of current historical information about California's federally recognized American Indian tribes and tribal people and provides for the appointment of its members. Appropriates $1 million from the General Fund, without regard to fiscal year, to the California State Library for the purposes of the bill.
Appropriates $800,000 from the Property Acquisition Law Money Account, in augmentation of the Budget Act of 2001, for the support of the State Department of General Services to fund consultant services to assist in the sale or disposition of specified state properties.
Prohibits a state agency from charging a convenience fee or surcharge to any member of the public using the Internet to transact state business, including any fee or surcharge to cover the cost of a state agency providing for payment by credit card over the Internet.
Makes clarifying and technical changes to the existing reporting requirements of the State Department of General Services, with regard to procurement and recycled materials.
Requires specific details to be incorporated into the Governor's annual five-year plan for funding infrastructure.
Makes clarifying and technical changes to existing provisions of the Government Code relating to proprietary state lands identified as surplus.
Revises procedures governing the award of contracts for architectural and engineering services by public agencies. Requires a public agency head of an agency that has decided to contract for architectural and engineering services to make certain written findings and declarations regarding quality and value, that include cost estimates of the agency and of private firms. Applies these requirements to local governments contracting for certain projects included in the State Transportation Improvement Program, but authorizes local governments to adopt procedures for all other contracts for architectural and engineering services.
Specifies that no civil action may be brought, as a cross-complaint in any lawsuit, for breach of contract against the state or any political subdivision, nor may the civil action be consolidated for any purpose with any such lawsuit.
Makes clarifying and technical changes to provisions of existing law relating to the public works contract bidding process.
Requires a person who contracts with a public agency to disclose an obligation to pay $100,000, or more, to another public entity in connection with a settlement or judgment involving a legal dispute with the other public entity, and permits the public entity to declare the contract void on that basis. Specifies that for contracts in existence prior to January 1, 2002, settlements or other obligations of $100,000, or more, with a public entity during the preceding five years, must be reported, but are not a basis for the public entity declaring the contract void. Authorizes a public entity to void a contract for failure to give the required notice.
Makes various changes to current laws that address state agencies and bilingual services, such as (1) expanding the definition of substantial number of non-English-speaking people, and (2) requiring distributed written materials, including forms, applications, letters, and notices, to be in non-English language, as appropriate.
Adds to the current five percent bid preference given to certified small businesses on state contracts by allowing an additional three percent if the small business also is certified as a disabled veterans business enterprise (DVBE), thereby providing an eight percent bid preference for those DVBEs. Increases the bid preference ceiling, for both certified small businesses and DVBEs, from $50,000 to $80,000.
Similar legislation is AB 2323 (Wyman-R), which died in Senate Appropriations Committee.
Declares the intent of the Legislature to reaffirm diversity as a public policy goal in public employment and public contracting. Authorizes governmental agencies to engage in various general recruitment and outreach programs and focused outreach activities to increase diversity in public employment and public contracting. Beginning January 1, 2003, requires each state department or agency awarding a contract or procuring goods or services, and authorizes each local agency receiving state funds, to collect information and report annually to the Governor and the Legislature on the participation level of minority, women, and disabled veteran-owned business enterprises in these contract and procurement activities.
Requires new and renovated state buildings to meet, or exceed, energy efficiency standards and to utilize cost-effective "green" building features.
Defines architectural and engineering services to include architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. Authorizes regional and local government entities to develop and adopt procedures to contract for architectural and engineering services, pursuant to The Fair Competition and Taxpayer Savings Act.
States that the State of California consents to be sued in state or federal court by any person seeking to enforce rights under the federal Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Family and Medical Leave Act of 1993, and the Americans with Disabilities Act of 1990. Expressly prohibits a public agency from asserting immunity under the Eleventh Amendment of the United States Constitution and expressly waives the state's right to immunity under that amendment. Defines public agencies as the state and its agencies, officers, employees, and instrumentalities.
Implements the Governors Reorganization Plan #1 of 2002, which created a Labor and Workforce Development Agency in state government. The Labor and Workforce Development Agency is to consist of the State Department of Industrial Relations, the State Department of Employment Development, the State Agricultural Labor Relations Board, and the State Workforce Development Board, as specified. Also provides that the Director of the State Department of Industrial Relations shall receive an annual salary of $85,402 instead of $91,054.
Provides the same relief, provided to reservists called to serve on active duty during the Iraq-Kuwait Crisis, to those reservists called to active duty for national emergencies caused by the terrorist attacks on New York City and the Pentagon resulting in Operation Enduring Freedom.
Requires each state agency, board, commission, department, or office to prepare and provide a report to the Senate Committee on Rules, the Assembly Committee on Rules, and to each member of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget on the financial activities of the agency, board, commission, department, or office for the 1997-98, 1998-99, 1999-2000, 2000-01, and 2001-02 fiscal years no later than January 15, 2003, and for each subsequent fiscal year by January 15 of the following year in accordance with specified requirements.
Permits the State Department of General Services to enter into contracts on behalf of state and local agencies with manufacturers and suppliers of prescription drugs. Permits these contracts to include price discounts to include price discounts, rebates, refunds, or other strategies aimed at managing escalating prescription drug prices.
Appropriates $1,360,702.74 from the General Fund to the State Attorney General to pay claims for court-issued awards against the State in two lawsuits against the State.
Appropriates a total of $1,457,756.09 from the General Fund and various special funds to the Executive Officer of the California Victim Compensation and Government Claims Board, formerly the State Board of Control, for the payment of 365 claims against 34 state departments.
Establishes a schedule of incremental changes to the rates and special surcharges that bar pilots may impose upon vessels that they move in and out of the bays of San Francisco, San Pablo, Suisun and other specified inland tributaries.
Establishes the Bureaucracy Realignment and Closure Commission in state government with a specified membership. Requires, beginning on January 1, 2004, the State Controller, the Director of the State Department of Finance, the Legislative Analyst, the Legislative Counsel, the Milton Marks "Little Hoover" Commission on California State Government Organization and Economy, and the State Auditor to develop recommendations for the closure or realignment of state bureaucracies for consideration by the commission. Requires the commission, no later than July 15, 2005, to submit a report of its final recommendations to the Governor and the Legislature that establishes a list of state bureaucracies that are proposed to be realigned or abolished. Also requires the commission to independently evaluate the recommendations, conduct three public hearings, and, by January 1, 2005, to have at least one member of the commission visit each state bureaucracy considered for realignment or closure. Requires the Governor, upon approval of the list of recommendations, to prepare the list as a reorganization plan and to submit the plan to the Legislature under statutory provisions relating to the Governor's reorganization plans. Appropriates $250,000 from the General Fund to the commission to defray costs incurred during its first year of operation.
Prohibits public officials, at both the state and local level, from expending public monies to bring legal action to enjoin, invalidate, or otherwise prevent initiative or referendum measures either from being placed on the ballot for consideration by the voters or from being implemented after they have been approved by the voters. Declares that preventing public agencies at all levels of government from abrogating the powers and rights of the public in voting for and approving initiative and referendum measures is a matter of statewide concern.
Provides that any report or study that is required to be prepared and submitted to the Legislature or submitted to the Legislative Counsel by a state or local agency shall be submitted electronically and that a Member of the Legislature who requests a printed copy of the report or study shall reimburse the agency for printing costs. Provides that no state or local agency will be required to prepare and submit any written report to the Legislature or the Governor until July 1, 2003, unless certain circumstances exist. Sunsets on January 1, 2004.
Applies standard Public Contract Code conflict of interest and penalty provisions to the state's procurement of information technology goods and services, as well as to procurement by the California State University and the University of California systems, all of which are currently exempt. Requires the State Department of Finance to report to the Legislature on or before April 1, 2003 on the effect this bill will have on the state's contracting costs. Makes the Information Technology, University of California and California State University provisions become operative on July 1, 2003.
Requires the Adjutant General to establish a California State Military Museum and Resource Center, and limits state funding to $100,000 per year.
Requires the Governor to proclaim June 19 of each year as Juneteenth, Emancipation Day and urges the people of California to celebrate freedom from the vestiges of racial discrimination and the abolition of all badges and incidents of slavery and to honor and reflect on the significant role that African-Americans have played in the history of the United States.
Similar legislation included SCR 77 (Vincent-D), which became Resolution Chapter 87, Statutes of 2002, AB 1749 (Longville-D), which became Chapter 155, Statutes of 2002, ACR 106 (Longville-D), which died in Assembly Rules Committee, and HR 50 (Longville-D), which was adopted by the Assembly.
Transfers $1 million from the General Fund to the Armory Fund in the State Treasury, and appropriates that amount from the Armory Fund to the Military Department for expenditures for the for the maintenance of specified National Guard armories used as emergency shelters.
Requires the annual Christmas tree that is traditionally decorated and erected on the grounds of the state capitol building be referred to as the "Capitol Christmas Tree" on signs/placards and government documents.
Requires the Office of Space and Real Estate Services (OSRES) in the State Department of General Services to develop standards for the inventory of state property, monitor state agency compliance with these standards, conduct periodic program review, and make recommendations to the Legislature. Also requires OSRES to make policy recommendations to the Legislature on the State Department of Transportation's property management and disposal of surplus property.
Directs the State Department of General Services (DGS) to sell, lease, or transfer specified state property and rescinds DGS's authority to dispose of specified properties declares surplus in prior legislation.
Seeks to permit necessary public access to vital records while also protecting the confidentiality and personal privacy of the individuals to whom the information pertains.
Requires members of a board of commission of a newly created agency to file statements of economic interests according to the Political Reform Act requirements until the agency adopts an approved conflict of interest code.
Establishes the Office of Homelessness in the Governor's Office to coordinate the efficient use of existing state resources to improve the management and oversight of all state homeless programs.
Adds a provision to the Public Contract Code that authorizes public entities to adopt methods and procedures to receive bids on public works or other contracts over the Internet, but only if no bid can be opened before the bid deadline and all bids can be verified as authentic.
Adds "antifreeze" to the list of products required to be recycled by state agencies and the Legislature under the State's green purchasing program, as specified.
Prohibits a state agency from acquiring or utilizing sand, gravel, aggregates, or other minerals, as defined, from a source outside of the state.
States legislative intent regarding the appointment of local elected officials to the State Teachers' Retirement Board.
Establishes the Native American Historic Resource Protection Act to protect specified Native Americans and provides penalties for violations of the provisions of the bill.
Enacts the Digital Arts Studio Partnership Demonstration Program Act, to require the California Arts Council to administer the Digital Arts Studio Partnership Demonstration Program by establishing four digital arts studio partnerships in the state, for the purpose of providing digital media arts training to youths ages 13 to 18. Requires the Council to submit an initial report on the program, to the Legislature, by January 30, 2003. Sunsets January 1, 2005.
Similar legislation was AB 990 (Diaz-D), which died in Assembly Appropriations Committee.
Requires the State Department of General Services to develop compliance standards in the State Administrative Manual to inform owners of state property of their duties and responsibilities pursuant to these provisions.
Removes the State Department of the California Highway Patrol from the State Business, Transportation and Housing Agency and places it within the Office of the Governor.
Establishes the California Indian Cultural Center and Museum Task Force within the State Department of Parks and Recreation (DPR) for the purpose of assisting DPR in developing a California Indian Cultural Center and Museum.
Authorizes the Director of the State Department of General Services to dispose of certain surplus land located in the City of Santa Clara.
Amends the Declaration of Rights contained in Article I of the State Constitution to provide that the people of California have a fundamental right of access to government information subject to appropriate statutory limitations enacted by the Legislature.
Allows voters to approve a bond for public library facilities with a 55 percent majority, rather than a two-thirds majority. Allows ad valorem tax on real property to exceed the one percent limitation to pay for library facility bonds.
Declares September 15 to October 15, 2002, to be California Hispanic Heritage Month, and encourages all Californians to observe this event in communities throughout the state.
Proclaims March 31 to April 6, 2002, inclusive, as California Nonprofits and Philanthropy Week.
Commemorates the bicentennial of the founding of the United States Military located at West Point, New York.
Proclaims May, 2002, as California Museum Month.
Recognizes March 31 as the anniversary of the birth of Cesar Chavez, and calls upon all Californians to participate in appropriate observances to remember Cesar Chavez as a symbol of hope and justice to all citizens.
Memorializes the late United States Senator Alan MacGregor Cranston for his illustrious record of persona, professional, public, and civic achievement, and also expresses the Legislature's deepest sympathy to his bereaved family and friends.
Proclaims the month of March 2002, as Women's History Month and calls on all Californians to join in the celebration of International Women's Day on March 8, 2002.
Declares the support of the Legislature for National Volunteer Week by proclaiming the week of April 21 to 27, 2002, as California Volunteer Week 2002.
Declares June 19 permanently as Juneteenth, Emancipation Day, throughout the State of California, that all Californians celebrate freedom from the vestiges of racial discrimination and the abolition of all badges and incidents of slavery and take this opportunity to reflect on the significant role that African-Americans have played in the history of the United States, and California in particular, and on the positive impact that African-Americans continue to make on society.
Similar legislation was SB 1498 (Vincent), which was vetoed, AB 1949 (Longville-D), which became Chapter 155, Statutes of 2002, ACR 106 (Longville-D), which died in Assembly Rules Committee, and HR 50 (Longville-D), which was adopted by the Assembly.
Extends an invitation to the people of Cuba, on behalf of the people of the State of California, to join with California in a sister state relationship that will facilitate the exchange of cultural and environmental information and ultimately promote mutual international trade and commerce between Cuba and California.
Recognizes May 19, 2002, as the 20th anniversary of Grandmothers for Peace International.
Recognizes the achievements and contributions of Korean-Americans to the United States over the past 100 years and requests that the people of California and interested organizations observe the 100th anniversary of Korean immigration to the United States with appropriate programs, ceremonies, and activities.
Extends an invitation on behalf of the people of California to the people of the Azores, Portugal to join with California in a sister state relationship.
Recognizes the 75th anniversary of the birth of the musician John William Coltrane.
Invites the State of Baja California Sur, Mexico, to join California in a sister state relationship.
Makes various findings with respect to the Pledge of Allegiance, and requests the State Attorney General of this state to join the United States Justice Department in repudiating the decision of the 9th Circuit Court of Appeals in Newdow v. U.S. Congress, and requesting that the full 9th U.S. Circuit Court of Appeals and, if necessary, the United States Supreme Court overturn the decision.
Expands, by four members, the California Task Force on Youth and Workplace Wellness. Provides that two of the additional members shall be appointed by the Speaker of the Assembly, and shall include one person from the field of health and one member from the field of education, and that the other two additional members shall be appointed by the Senate Rules Committee and shall include one person from the field of health and one member from the field of education.
Declares legislative principles of inclusion and encourages all Californians to consider and adopt these principles for themselves or define their own separate principles of inclusion.
Requests the State Department of General Services to plant commemorative rose bushes near the east steps of the State Capitol along with the placement of a plaque memorializing those Californians who lost their lives on September 11, 2001.
Calls on the people of California to join in celebrating the anniversary of the Treaty of Guadalupe Hidalgo, which ended the Mexican-American War, allowed California to join the Union, and resulted in 154 years of pe