Bill Text: CA AB2330 | 2011-2012 | Regular Session | Introduced
Bill Title: State government: Commission on the Status of Women.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-21 - From committee without further action pursuant to Joint Rule 62(a). [AB2330 Detail]
Download: California-2011-AB2330-Introduced.html
BILL NUMBER: AB 2330 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Olsen
FEBRUARY 24, 2012
An act to amend Section 318 of the Corporations Code, to repeal
Chapter 3.1 (commencing with Section 8240) of Division 1 of Title 2
of the Government Code, and to amend Sections 13519, 13836.1, and
14143 of, and to repeal Section 13777.2 of, the Penal Code, relating
to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2330, as introduced, Olsen. State government: Commission on the
Status of Women.
Existing law creates within state government the Commission on the
Status of Women, consisting of 17 members. Existing law sets forth
the powers and duties of the commission. Public members receive per
diem while on official business, and each member of the commission is
entitled to receive his or her actual necessary traveling expenses.
Existing law authorizes the commission to hire staff, for purpose of
completing a specified study, subject to appropriation in the annual
Budget Act. Existing law requires the commission to appoint the
public members of an advisory committee that establishes a course of
training for district attorneys in the investigation and prosecution
of sex crimes.
This bill would repeal the Commission on the Status of Women, and
would make conforming changes to related provisions. The bill would
provide that new public member vacancies on the advisory committee
described above be filled through appointments by the Senate Rules
Committee.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to eliminate the Commission on the Status of Women.
SEC. 2. Section 318 of the Corporations Code is amended to read:
318. (a) The Secretary of State shall develop and maintain a
registry of distinguished women and minorities who are available to
serve on corporate boards of directors. As used in this section,
"minority" means an ethnic person of color including American
Indians, Asians (including, but not limited to, Chinese, Japanese,
Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks,
Filipinos, and Hispanics.
(b) For each woman or minority who participates in the registry,
the Secretary of State shall maintain information on his or her
educational, professional, community service, and corporate
governance background. That information may include, but is not
limited to:
(1) Paid or volunteer employment.
(2) Service in elected public office or on public boards or
commissions.
(3) Directorships, officerships, and trusteeships of business and
nonprofit entities, including committee experience.
(4) Professional, academic, or community awards or honors.
(5) Publications.
(6) Government relations experience.
(7) Experience with corporate constituents.
(8) Any other areas of special expertise.
(c) In addition to the information subdivision (b) requires, each
woman or minority who participates in the registry may disclose any
number of personal attributes that may contribute to board diversity.
Those attributes may include, but are not limited to, gender,
physical disability, race, or ethnic origin.
(d) In addition to the information subdivision (b) requires, each
woman or minority who participates in the registry may indicate
characteristics of corporations for which he or she would consider,
or is especially interested in, serving as a director. These
characteristics may include, but are not limited to, company size,
industry, geographic location, board meeting frequency, director time
commitments, director compensation, director insurance or
indemnification, or social policy concerns.
(e) Any woman or minority may nominate himself or herself to the
registry by filing with the Secretary of State the information
required by subdivision (b) on a form the secretary prescribes. Any
registrant may attach a copy of his or her resume and up to two
letters of recommendation to his or her registration form. Each
registrant's registration form, together with any attached resume or
letters of recommendation, shall constitute his or her registry
transcript.
(f) The Secretary of State shall make appropriate rules requiring
registrants to renew or update their filings with the registry, as
necessary to ensure continued accuracy of registry information.
(g) The Secretary of State shall assign each registrant a file
number, then enter the information described in subdivisions (b),
(c), and (d) into a data base, using the registrant's file number to
identify him or her. The registry data base shall not disclose any
registrant's name or street address, but may list the city, county,
or ZIP Code of his or her business or residence address. The
secretary shall make data base information available to those persons
described in subdivisions (i) and (j). The secretary may provide
that access either by permitting direct data base searches or by
performing data base searches on written request.
(h) The Secretary of State may also make information contained in
the registry data base available to any person or entity qualified to
transact business in California that regularly engages in the
business of providing data base access or search services; provided,
that data base access will not be construed to entitle the user to
access to any registrant's transcript.
(i) The Secretary of State shall make information contained in a
reasonable number of registrants' transcripts available to any
corporation or its representative. A "representative",
"representative," for purposes of this
subdivision, may be an attorney, an accountant, or a retained
executive recruiter. A "retained executive recruiter",
recruiter, " for purposes of this
subdivision, is an individual or business entity engaged in the
executive search business that is regularly retained to locate
qualified candidates for appointment or election as corporate
directors or executive officers.
(j) The Secretary of State may also grant access to a reasonable
number of registrants' transcripts to any other person who
demonstrates to the secretary's satisfaction that the person does
both of the following:
(1) Seeks access to the registry in connection with an actual
search for a corporate director.
(2) Intends to use any information obtained from the registry only
for the purpose of finding qualified candidates for an open position
on a corporate board of directors.
(k) The Secretary of State may employ reasonable means to verify
that any party seeking access to registry transcript information is
one of those specified in subdivision (i) or (j). To that end, the
secretary may require a representative to identify its principal, but
may not disclose that principal's identity to any other person.
( l ) Upon written request specifying the registrant's
file number, the Secretary of State shall provide any party entitled
to access to registry transcripts with a copy of any registrant's
transcript. The secretary may by rule or regulation specify other
reasonable means by which persons entitled thereto may order copies
of registrants' transcripts.
(m) Notwithstanding any other provision of law, no person shall be
entitled to access to information the registry contains, except as
this section specifically provides.
(n) The Secretary of State shall charge fees for registering with
the registry, obtaining access to the registry data base, and
obtaining copies of registrants' transcripts. The Secretary of State,
in consultation with the Senate Commission on Corporate Governance,
Shareholder Rights, and Securities Transactions, shall fix those fees
by regulation. Fees shall be fixed so that the aggregate amount of
all fees collected shall be sufficient to cover the total cost of
administering the registry program. Registration fees shall be fixed
so as to encourage qualified women and minorities to participate.
Fees shall be deposited into the Secretary of State's Business Fee
Fund.
(o) The Secretary of State may make any rule, regulation,
guideline, or agreement the secretary deems necessary to carry out
the purposes and provisions of this section.
(p) The Secretary of State may cooperate with the
California Commission on the Status of Women, the
California Council to Promote Business Ownership by Women, the Senate
Commission on Corporate Governance, Shareholder Rights, and
Securities Transactions, women's organizations, minority
organizations, business and professional organizations, and any other
individual or entity the secretary deems appropriate, for any of the
following purposes:
(1) Promoting corporate use of the registry.
(2) Locating qualified women and minorities and encouraging them
to participate in the registry.
(3) Educating interested parties on the purpose and most effective
use of the registry.
The secretary may also prepare and distribute publications
designed to promote informed use of the registry.
(q) The Secretary of State may seek registrants' consent to be
listed in a published directory of women and minorities eligible to
serve as corporate directors, which will contain a summary of each
listed registrant's qualifications. The secretary may periodically
publish, or cause to be published, such a directory. Only those
registrants who so consent in writing may be included in the
directory. The printed directory shall be provided to any person upon
payment of a fee, which the Secretary of State will determine by
regulation, in consultation with the Senate Commission on Corporate
Governance, Shareholder Rights, and Securities Transactions.
(r) The Secretary of State shall implement this section no later
than January 1, 1995.
(s) At least once in each three-year period during which the
registry is available for corporate use, the Secretary of State, in
consultation with the Senate Commission on Corporate Governance,
Shareholder Rights, and Securities Transactions, shall report to the
Legislature on the extent to which the registry has helped women and
minorities progress toward achieving parity in corporate board
appointments or elections.
(t) The Secretary of State shall notify each University of
California campus and each California State University campus of the
opportunity to maintain the registry created pursuant to this
section. If more than one campus of the university or state
university expresses interest in maintaining the registry, the
Secretary of State shall select a campus based on a competitive
selection process. If a campus is selected, the Secretary of State
shall transfer the information contained in the registry, free of
cost, to that campus. Any University of California or California
State University campus selected to maintain the registry shall do so
in a manner consistent with this section. Funds deposited in the
Secretary of State's Business Fees Fund pursuant to this section
shall be transferred to the university selected to maintain the
registry, and shall be used to administer the registry program. The
Secretary of State shall maintain the registry until a University of
California or California State University campus agrees to do so.
SEC. 3. Chapter 3.1 (commencing with Section 8240) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 4. Section 13519 of the Penal Code is amended to read:
13519. (a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence. The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with
expertise in the delivery of direct services to victims of domestic
violence, including utilizing the staff of shelters for battered
women in the presentation of training.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
(1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
(2) The legal duties imposed on peace officers to make arrests and
offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
(3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
(4) The nature and extent of domestic violence.
(5) The signs of domestic violence.
(6) The legal rights of, and remedies available to, victims of
domestic violence.
(7) The use of an arrest by a private person in a domestic
violence situation.
(8) Documentation, report writing, and evidence collection.
(9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
(10) Tenancy issues and domestic violence.
(11) The impact on children of law enforcement intervention in
domestic violence.
(12) The services and facilities available to victims and
batterers.
(13) The use and applications of this code in domestic violence
situations.
(14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(15) Verification and enforcement of stay-away orders.
(16) Cite and release policies.
(17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
(d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
(e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
(2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
(3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
(B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
(C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
(4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence. The commission shall assist where
possible.
(f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence. The groups and individuals shall include, but
shall not be limited to, the following: one representative each from
the California Peace Officers' Association, the Peace Officers'
Research Association of California, the State Bar of California,
and the California Women Lawyers' Association, and
the State Commission on the Status of Women;
Association; two representatives from the commission; two
representatives from the California Partnership to End Domestic
Violence; two peace officers, recommended by the commission, who are
experienced in the provision of domestic violence training; and two
domestic violence experts, recommended by the California Partnership
to End Domestic Violence, who are experienced in the provision of
direct services to victims of domestic violence and at least one
representative of service providers serving the lesbian, gay,
bisexual, and transgender community in connection with domestic
violence. At least one of the persons selected shall be a former
victim of domestic violence.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
(g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d). The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section. It is
the intent of the Legislature not to increase the annual training
costs of local government entities.
SEC. 5. Section 13777.2 of the Penal Code is repealed.
13777.2. (a) The Commission on the Status of Women shall convene
an advisory committee consisting of one person appointed by the
Attorney General and one person appointed by each of the
organizations named in subdivision (b) of Section 13776 that chooses
to appoint a member, and any other subject matter experts the
commission may appoint. The advisory committee shall elect its chair
and any other officers of its choice.
(b) The advisory committee shall make two reports, the first by
December 31, 2007, and the second by December 31, 2011, to the
Committees on Health, Judiciary, and Public Safety of the Senate and
Assembly, to the Attorney General, the Commission on Peace Officer
Standards and Training, and the Commission on the Status of Women.
The reports shall evaluate the implementation of Chapter 899,
Statutes of 2001 and any subsequent amendments made to Title 5.7 of
Chapter 4 of Part 3 and the effectiveness of the plan developed by
the Attorney General pursuant to subparagraph (A) of paragraph (4) of
Section 13777. The reports shall also include recommendations
concerning whether the Legislature should extend or repeal the sunset
dates in Section 13779, recommendations regarding any other
legislation, and recommendations for any other actions by the
Attorney General, Commission on Peace Officer Standards and Training,
or the Commission on the Status of Women.
(c) The Commission on the Status of Women shall transmit the
reports of the advisory committee to the appropriate committees of
the Legislature, including, but not limited to, the Committees on
Health, Judiciary, and Public Safety in the Senate and Assembly, and
make the reports available to the public, including by posting them
on the Commission on the Status of Women's Web site. To avoid
production and distribution costs, the Commission on the Status of
Women may submit the reports electronically or as part of any other
report that the Commission on the Status of Women submits to the
Legislature.
(d) The Commission on Peace Officer Standards and Training shall
make the telecourse that it produced in 2002 pursuant to subdivision
(a) of Section 13778 available to the advisory committee. However,
before providing the telecourse to the advisory committee or
otherwise making it public, the commission shall remove the name and
face of any person who appears in the telecourse as originally
produced who informs the commission in writing that he or she has a
reasonable apprehension that making the telecourse public without the
removal will endanger his or her life or physical safety.
(e) Nothing in this section requires any state agency to pay for
compensation, travel, or other expenses of any advisory committee
member.
SEC. 6. Section 13836.1 of the Penal Code is amended to read:
13836.1. The committee shall consist of 11 members. Five shall be
appointed by the secretary, and shall include three district
attorneys or assistant or deputy district attorneys, one
representative of a city police department or a sheriff or a
representative of a sheriff's department, and one public defender or
assistant or deputy public defender of a county. Six shall be public
members appointed by the Commission on the Status of Women ,
and . On or after January 1, 2013, any public member
vacancies shall be filled through appointments by the Senate Rules
Committee. The public members shall include one representative
of a rape crisis center, and one medical professional experienced in
dealing with sexual assault trauma victims. The committee members
shall represent the points of view of diverse ethnic and language
groups.
Members of the committee shall receive no compensation for their
services but shall be reimbursed for their expenses actually and
necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the agency.
SEC. 7. Section 14143 of the Penal Code is amended to read:
14143. Every effort shall be made to ensure that the ethnic and
racial composition of each task force is reflective of the ethnic and
racial distribution of the persons and families in the community.
Each county task force shall include, to the extent possible, but not
be limited to, the following:
(a) A criminal court judge.
(b) A domestic relations or civil court judge.
(c) A prosecuting attorney.
(d) A city council person or other elected local governmental
official.
(e) Representatives from the Council of Cities, the Police Chief
Association, the County Office of Education, the Public Defender
Program, the County Bar Association, the Domestic Violence Coalition,
health services, social services, probation, a women's organization,
each of the battered women's shelters serving the county, each of
the rape crisis centers serving the county, a legal services program,
a homeless program serving women, other nonprofit community-based
organizations whose primary focus is to assist the women who are
victims of violent crimes, and the Native Tribal Councils
, and the county Commission on the Status of Women
.
