Status: 09/06/2007-Enrolled and to the Governor at 6 p.m.
The Meyers-Milias-Brown Act delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act prescribes the powers and duties of the board with regard to, among other things, elections, the processing of unfair practice charges, and, in connection to an enumerated section of the Government Code, the authority of the board to petition the court for appropriate temporary relief or restraining orders. This bill would provide that, under the Meyers-Milias-Brown Act, the Public Employment Relations Board is exclusively authorized to make a determination whether to seek from a court of competent jurisdiction injunctive relief involving or growing out of a strike, work stoppage, or lockout involving an employee organization and a public agency. The bill would provide that those changes are declaratory of existing law, as specified.
Position: Watch
Status: 09/06/2007-Enrolled and to the Governor at 6 p.m.
Existing law requires that, in order to protect the public health and safety and the environment, a business, as defined, establish and implement a business plan, meeting specified requirements, relating to the handling and release or threatened release of hazardous materials. A business that violates or knowingly violates any provision with regard to the business plan is liable to an administering agency for a prescribed administrative penalty. This bill would remove the requirement that the amount of the administrative penalty be set by the governing board of the administrative agency. This bill contains other related provisions and other existing laws.
Position: Support
Status: 09/06/2007-Assembly Rule 77 suspended. Senate amendments concurred in. To enrollment.
The Public Employees' Medical and Hospital Care Act requires the Board of Administration of the Public Employees' Retirement System to approve health benefit plans for certain public employees and annuitants, and authorizes the board to contract with carriers offering health benefit plans. The act sets forth certain criteria the board may take into account when considering a contract with an entity seeking to provide health care benefits or services, and allows the board to require specified documents from that entity. This bill would require a health benefit plan or contractor , or an entity offering services relating to the administration of health benefit plans to members and annuitants, to disclose to the Board of Administration of the Public Employees' Retirement System , staff, and any contractor or consultant of the system , the cost, utilization, actual claim payments, and contract allowance amounts for health care services rendered by participating hospitals, with specified restrictions and disclosure limitations imposed upon the board , staff, and any contractor or consultant of the system to whom the information is disclosed . The bill would deem this information confidential, subject to evidentiary trade secret protections, and exempt from the California Public Records Act, as specified.
Position: Watch
Status: 09/06/2007-Assembly Rule 77 suspended. Senate amendments concurred in. To enrollment.
Under existing law, an individual who is a member of the Public Employees' Retirement System, the Legislators' Retirement System, the Judges' Retirement System, or Judges' Retirement System II may participate in the Supplemental Contributions Program. Under existing law, that individual may contribute at least a minimum amount to the Supplemental Contributions Program. Existing law requires the Board of Administration of the Public Employees' Retirement System to administer that program and requires employee contributions to be paid to the Supplemental Contributions Program Fund, a continuously appropriated fund. This bill would additionally permit an individual employed by an employer who contracts with the board for the Supplemental Contributions Program to participate in that program. By increasing contributions to a continuously appropriated fund, the bill would make an appropriation. The bill would also make clarifying and technical changes to these provisions.
Position: Watch
Status: 09/06/2007-Enrolled. To Governor at 4 p.m.
Existing public contract law authorizes public entities to adopt methods and procedures to receive bids on public works or other contracts over the Internet, as specified. This bill would authorize public entities to receive supporting materials submitted pursuant to a public works contract over the Internet, as specified. This bill would require public entities that receive bids and supporting materials over the Internet to provide an electronic receipt to the contractor either by immediate transmission or by providing access to the contractor to an electronic file that contains the receipt, as specified. This bill contains other related provisions and other existing laws.
Position: Watch
Status: 09/06/2007-Enrolled. To Governor at 4 p.m.
The Ralph M. Brown Act requires that any meeting of a legislative body of a local agency be open and public and all persons be permitted to attend. The act requires the body to post an agenda at least 72 hours before a regular meeting and provides that agendas and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at a meeting of the body are public records subject to the public disclosure requirements of the California Public Records Act. This bill would provide that if a writing that is a public record under these provisions, and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection at a public office or location that the agency shall designate for this purpose. It would require each local agency to list the address of this office or location on the agendas for all meetings of the legislative body of that agency. It also would authorize a local agency to post a writing that is a public record under these provisions on the agency' s Internet Web site. It would make these provisions effective on July 1, 2008.
Position: Watch
Status: 09/06/2007-Enrolled. To Governor at 4 p.m.
Existing law requires peace officer and civilian drug detection canine trainers working under the direction of a law enforcement agency to follow specified protocols of behavior. This bill would require the State Fire Marshal, in conjunction with recognized statewide fire investigation entities, to update and amend standards and procedures for accelerant detecting canines and their handlers, as specified. The bill would require these standards and procedures to be updated and amended on or before January 1, 2009, and to consider information from and publications by recognized statewide fire investigation entities, as specified.
Position: Watch
Status: 09/06/2007-Enrolled. To Governor at 4 p.m.
The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act prohibits any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item, with an exception for an authorized teleconference. An appellate court in Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533 held that a violation of this prohibition occurs only if a series of meetings by members of a body results in a collective concurrence. This bill would instead prohibit a majority of members of a legislative body of a local agency from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. It also would state the Legislature's declaration that it disapproves the holding of the court in the case named above to the extent it construes the prohibition on serial meetings and would state its intention that the changes made by this bill supersede that holding. This bill contains other related provisions and other existing laws.
Position: Watch