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アメリカにある共産主義を禁止したり、共産党員を公職に就くことを禁止したりする法律など
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CALIFORNIA EDUCATION CODE

 

EDUCATION CODE

SECTION 51530

 

51530.  No teacher giving instruction in any school, or on any

property belonging to any agencies included in the public school

system, shall advocate or teach communism with the intent to

indoctrinate or to inculcate in the mind of any pupil a preference

for communism.

   In prohibiting the advocacy or teaching of communism with the

intent of indoctrinating or inculcating a preference in the mind of

any pupil for such doctrine, the Legislature does not intend to

prevent the teaching of the facts about communism.  Rather, the

Legislature intends to prevent the advocacy of, or inculcation and

indoctrination into, communism as is hereinafter defined, for the

purpose of undermining patriotism for, and the belief in, the

government of the United States and of this state.

   For the purposes of this section, communism is a political theory

that the presently existing form of government of the United States

or of this state should be changed, by force, violence, or other

unconstitutional means, to a totalitarian dictatorship which is based

on the principles of communism as expounded by Marx, Lenin, and

Stalin.

 

Texas

 

GOVERNMENT CODE

 

 

CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM

 

 

SUBCHAPTER A. SEDITION

 

 

 

              § 557.001.  SEDITION.  (a)  A person commits an offense

if the person knowingly:

                            (1)  commits, attempts to commit, or conspires with one

or more persons to commit an act intended to overthrow, destroy, or

alter the constitutional form of government of this state or of any

political subdivision of this state by force or violence;

                            (2)  under circumstances that constitute a clear and

present danger to the security of this state or a political

subdivision of this state, advocates, advises, or teaches or

conspires with one or more persons to advocate, advise, or teach a

person to commit or attempt to commit an act described in

Subdivision (1);  or

                            (3)  participates, with knowledge of the nature of the

organization, in the management of an organization that engages in

or attempts to engage in an act intended to overthrow, destroy, or

alter the constitutional form of government of this state or of any

political subdivision of this state by force or violence.

              (b)  An offense under this section is a felony punishable by:                 

                            (1)  a fine not to exceed $20,000;                                           

                            (2)  confinement in the institutional division of the

Texas Department of Criminal Justice for a term of not less than one

year or more than 20 years;  or

                            (3)  both fine and imprisonment.                                             

              (c)  A person convicted of an offense under this section may

not receive probation under Article 42.12, Code of Criminal

Procedure.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.002.  DISQUALIFICATION.  A person who is finally

convicted of an offense under Section 557.001 may not hold office or

a position of profit, trust, or employment with the state or any

political subdivision of the state.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.003.  SEDITIOUS ORGANIZATIONS.  (a)  An

organization, either incorporated or unincorporated, may not

engage in or have as a purpose activities intended to overthrow,

destroy, or alter the constitutional form of government of this

state or a political subdivision of this state by force or violence.

              (b)  An organization that violates Subsection (a):                            

                            (1)  may not lawfully exist, function, or operate in

this state;  and      

                            (2)  is not entitled to the rights, privileges, and

immunities granted to organizations under the law of this state.

              (c)  A district attorney, criminal district attorney, or

county attorney may bring an action against an organization in a

court of competent jurisdiction.  If the court finds that the

organization has violated Subsection (a), the court shall order:

                            (1)  the organization dissolved;                                              

                            (2)  if the organization is incorporated in the state

or has a permit to do business in the state, the organization's

charter or permit revoked;

                            (3)  all funds, records, and property of the

organization forfeited to the state;  and

                            (4)  all books, records, and files of the organization

turned over to the attorney general.

              (d)  It is prima facie evidence that an organization engages

in or has as a purpose engaging in activities intended to overthrow,

destroy, or alter the constitutional form of the government of this

state or a political subdivision of this state by force or violence

if it is shown that the organization has a parent or superior

organization that engages in or has as a purpose engaging in

activities intended to overthrow, destroy, or alter the

constitutional form of the government of this state or a political

subdivision of this state by force or violence.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.004.  ENFORCEMENT.  (a)  A district court may, on

application by a district attorney, criminal district attorney, or

county attorney, order injunctive or other equitable relief

appropriate to enforce this subchapter.

              (b)  The procedure for relief sought under Subsection (a) of

this section is the same as that for other similar relief in the

district court except that the proceeding may not be instituted

unless the director of the Department of Public Safety of the State

of Texas or the director's assistant in charge is notified by

telephone, telegraph, or in person that injunctive or other

equitable relief will be sought.

              (c)  An affidavit that states that the notice described in

Subsection (b) was given and that accompanies the application for

relief is sufficient to permit filing of the application.

              (d)  Injunctive or other equitable relief sought to enforce

this subchapter may not be granted in a labor dispute.

              (e)  The internal security section of the Department of

Public Safety of the State of Texas shall assist in the enforcement

of this subchapter.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.005.  JUDICIAL POWERS IN LABOR DISPUTES.  This

subchapter does not affect the powers of the courts of this state or

of the United States under the law of this state in a labor dispute.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

SUBCHAPTER B. SABOTAGE

 

 

 

              § 557.011.  SABOTAGE.  (a)  A person commits an offense

if the person, with the intent to injure the United States, this

state, or any facility or property used for national defense

sabotages or attempts to sabotage any property or facility used or

to be used for national defense.

              (b)  An offense under this section is a felony punishable by

confinement in the institutional division of the Texas Department

of Criminal Justice for a term of not less than two years or more

than 20 years.

              (c)  If conduct constituting an offense under this section

also constitutes an offense under another provision of law, the

actor may be prosecuted under both sections.

              (d)  In this section, "sabotage" means to wilfully and

maliciously damage or destroy property.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.012.  CAPITAL SABOTAGE.  (a)  A person commits an

offense if the person commits an offense under Section 557.011(a)

and the sabotage or attempted sabotage causes the death of an

individual.

              (b)  An offense under this section is punishable by:                           

                            (1)  death;  or                                                              

                            (2)  confinement in the institutional division of the

Texas Department of Criminal Justice for:

                                          (A)  life;  or                                                               

                                          (B)  a term of not less than two years.                                     

              (c)  If conduct constituting an offense under this section

also constitutes an offense under other law, the actor may be

prosecuted under both sections.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.013.  ENFORCEMENT.  The attorney general, a

district or county attorney, the department, and any law

enforcement officer of this state shall enforce this subchapter.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

SUBCHAPTER C. COMMUNISM

 

 

 

              § 557.021.  DEFINITIONS.  In this subchapter:                              

                            (1)  "Communist" means a person who commits an act

reasonably calculated to further the overthrow of the government:

                                          (A)  by force or violence;  or                                              

                                          (B)  by unlawful or unconstitutional means and

replace it with a communist government.

                            (2)  "Department" means the Department of Public Safety

of the State of Texas.

                            (3)  "Government" means the government of this state or

any of its political subdivisions.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.022.  RESTRICTIONS.  (a)  The name of a communist

may not be printed on the ballot for any primary or general election

in this state or a political subdivision of this state.

              (b)  A person may not hold a nonelected office or position

with the state or any political subdivision of the state if:

                            (1)  any of the compensation for the office or position

comes from public funds of this state or a political subdivision of

this state;  and

                            (2)  the employer or superior of the person has

reasonable grounds to believe that the person is a communist.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.          

 

 

              § 557.023.  ENFORCEMENT.  The attorney general, a

district or county attorney, the department, and any law

enforcement officer of this state shall enforce this subchapter.

 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. 

 

California

GOVERNMENT CODE

SECTION 1020-1031.5

 

1020.  A person is incapable of holding a civil office if at the

time of his election or appointment he is not 18 years of age and a

citizen of the state.

 

1020.5.  (a) Notwithstanding Section 1020 or any other provision of

law, no person shall be incapable of holding any office in a youth

services bureau solely by reason of being under 18 years of age.

   (b) For purposes of this section, the term "youth services bureau"

means a state or local public agency, including a joint powers

agency, which has as its primary purpose the establishment of a

program of prevention of juvenile delinquency and to provide

opportunities for young people to function as responsible members of

the community.

 

1021.  A person is disqualified from holding any office upon

conviction of designated crimes as specified in the Constitution and

laws of the State.

 

1022.  Other provisions respecting disqualification for particular

offices are contained in the Constitution and in the laws concerning

the various offices.

 

1023.  A person is ineligible to hold office or employment of any

kind under the State, any county, city, district or other political

or governmental unit of the State if he, while either a citizen or

resident of the United States, has by oath bound himself to support,

maintain or further the military or political activities or policies

of any foreign government or of any official thereof or society or

association therein or to obey the orders or directions of any

foreign government or of any official thereof.

 

1024.  Any person who holds any office or employment under the state

or any county, city, district or other political or governmental

unit of the state and who has taken any oath described in Section

1023 is relieved of ineligibility to office or employment if he or

she petitions any superior court for leave to renounce all promises

or obligations assumed by him or her under that oath, and renounces

all those promises or obligations before a judge of that court.

   Any other person who has taken or hereafter takes any such oath

may at any time be relieved of ineligibility by petitioning any

superior court and renouncing all such promises or obligations in

like manner.

 

1026.  Every person who exercises the duties of any office in

violation of the provisions of this article relative to oaths, and

every person who knowingly appoints to office a person ineligible by

reason of the provisions of this article relative to oaths, is guilty

of a felony.

 

1027.  Every person who exercises the duties of any employment in

violation of the provisions of this article relative to oaths, and

every person who knowingly employs a person ineligible by reason of

the provisions of this article relative to oaths, is guilty of a

misdemeanor.

 

1027.5.  The Legislature of the State of California finds that:

   (a) There exists a world-wide revolutionary movement to establish

a totalitarian dictatorship based upon force and violence rather than

upon law.

   (b) This world-wide revolutionary movement is predicated upon and

it is designed and intended to carry into execution the basic

precepts of communism as expounded by Marx, Lenin, and Stalin.

   (c) Pursuant to the objectives of the world communism movement, in

numerous foreign countries the legally constituted governments have

been overthrown and totalitarian dictatorships established therein

against the will of the people, and the establishment of similar

dictatorships in other countries is imminently threatening.  The

successful establishment of totalitarian dictatorships has

consistently been aided, accompanied, or accomplished by repeated

acts of treachery, deceit, teaching of false doctrines, teaching

untruth, together with organized confusion, insubordination, and

disloyalty, fostered, directed, instigated, or employed by communist

organizations and their members in such countries.

   (d) Within the boundaries of the State of California there are

active disciplined communist organizations presently functioning for

the primary purpose of advancing the objectives of the world

communism movement, which organizations promulgate, advocate, and

adhere to the precepts and the principles and doctrines of the world

communism movement.  These communist organizations are characterized

by identification of their programs, policies, and objectives with

those of the world communism movement, and they regularly and

consistently cooperate with and endeavor to carry into execution

programs, policies and objectives substantially identical to

programs, policies, and objectives of such world communism movement.

   (e) One of the objectives of the world communism movement is to

place its members in state and local government positions and in

state supported educational institutions.  If this objective is

successful, propaganda can be disseminated by the members of these

organizations among pupils and students by those members who would

have the opportunity to teach them and to whom, as teachers, they

would look for guidance, authority, and leadership.  The members of

such groups would use their positions to advocate and teach their

doctrines and teach the prescribed Communist Party line group dogma

or doctrine without regard to truth or free inquiry.  This type of

propaganda is sufficiently subtle to escape detection.

   There is a clear and present danger, which the Legislature of the

State of California finds is great and imminent, that in order to

advance the program, policies and objectives of the world communism

movement, communist organizations in the State of California and

their members will engage in concerted effort to hamper, restrict,

interfere with, impede, or nullify the efforts of the State and the

public agencies of the State to comply with and enforce the laws of

the State of California and their members will infiltrate and seek

employment by the State and its public agencies.

 

1028.  It shall be sufficient cause for the dismissal of any public

employee when such public employee advocates or is knowingly a member

of the Communist Party or of an organization which during the time

of his membership he knows advocates overthrow of the Government of

the United States or of any state by force or violence.

 

 

1028.1.  It shall be the duty of any public employee who may be

subpenaed or ordered by the governing body of the state or local

agency by which such employee is employed, to appear before such

governing body, or a committee or subcommittee thereof, or by a duly

authorized committee of the Congress of the United States or of the

Legislature of this State, or any subcommittee of any such committee,

to appear before such committee or subcommittee, and to answer under

oath a question or questions propounded by such governing body,

committee or subcommittee, or a member or counsel thereof, relating

to:

   (a) Present personal advocacy by the employee of the forceful or

violent overthrow of the Government of the United States or of any

state.

   (b) Present knowing membership in any organization now advocating

the forceful or violent overthrow of the Government of the United

States or of any state.

   (c) Past knowing membership at any time since October 3, 1945, in

any organization which, to the knowledge of such employee, during the

time of the employee's membership advocated the forceful or violent

overthrow of the Government of the United States or of any state.

   (d) Questions as to present knowing membership of such employee in

the Communist Party or as to past knowing membership in the

Communist Party at any time since October 3, 1945.

   (e) Present personal advocacy by the employee of the support of a

foreign government against the United States in the event of

hostilities between said foreign government and the United States.

   Any employee who fails or refuses to appear or to answer under

oath on any ground whatsoever any such questions so propounded shall

be guilty of insubordination and guilty of violating this section and

shall be suspended and dismissed from his employment in the manner

provided by law.

 

1028.2.  Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of

the Statutes of 1947, are not applicable to school district

employees.  It is the intent of the Legislature that the Education

Code shall apply to such employees.

 

1029.  (a) Except as provided in subdivision (b), (c), or (d), each

of the following persons is disqualified from holding office as a

peace officer or being employed as a peace officer of the state,

county, city, city and county or other political subdivision, whether

with or without compensation, and is disqualified from any office or

employment by the state, county, city, city and county or other

political subdivision, whether with or without compensation, which

confers upon the holder or employee the powers and duties of a peace

officer:

   (1) Any person who has been convicted of a felony.

   (2) Any person who has been convicted of any offense in any other

jurisdiction which would have been a felony if committed in this

state.

   (3) Any person who, after January 1, 2004, has been convicted of a

crime based upon a verdict or finding of guilt of a felony by the

trier of fact, or upon the entry of a plea of guilty or nolo

contendere to a felony.  This paragraph shall apply regardless of

whether, pursuant to subdivision (b) of Section 17 of the Penal Code,

the court declares the offense to be a misdemeanor or the offense

becomes a misdemeanor by operation of law.

   (4) Any person who has been charged with a felony and adjudged by

a superior court to be mentally incompetent under Chapter 6

(commencing with Section 1367) of Title 10 of Part 2 of the Penal

Code.

   (5) Any person who has been found not guilty by reason of insanity

of any felony.

   (6) Any person who has been determined to be a mentally disordered

sex offender pursuant to Article 1 (commencing with Section 6300) of

Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions

Code.

   (7) Any person adjudged addicted or in danger of becoming addicted

to narcotics, convicted, and committed to a state institution as

provided in Section 3051 of the Welfare and Institutions Code.

   (b) (1) A plea of guilty to a felony pursuant to a deferred entry

of judgment program as set forth in Sections 1000 to 1000.4,

inclusive, of the Penal Code shall not alone disqualify a person from

being a peace officer unless a judgment of guilty is entered

pursuant to Section 1000.3 of the Penal Code.

   (2) A person who pleads guilty or nolo contendere to, or who is

found guilty by a trier of fact of, an alternate felony-misdemeanor

drug possession offense and successfully completes a program of

probation pursuant to Section 1210.1 of the Penal Code shall not be

disqualified from being a peace officer solely on the basis of the

plea or finding if the court deems the offense to be a misdemeanor or

reduces the offense to a misdemeanor.

   (c) Any person who has been convicted of a felony, other than a

felony punishable by death, in this state or any other state, or who

has been convicted of any offense in any other state which would have

been a felony, other than a felony punishable by death, if committed

in this state, and who demonstrates the ability to assist persons in

programs of rehabilitation may hold office and be employed as a

parole officer of the Department of Corrections or the Department of

the Youth Authority, or as a probation officer in a county probation

department, if he or she has been granted a full and unconditional

pardon for the felony or offense of which he or she was convicted.

Notwithstanding any other provision of law, the Department of

Corrections or the Department of the Youth Authority, or a county

probation department, may refuse to employ that person regardless of

his or her qualifications.

   (d) Nothing in this section shall be construed to limit or curtail

the power or authority of any board of police commissioners, chief

of police, sheriff, mayor, or other appointing authority to appoint,

employ, or deputize any person as a peace officer in time of disaster

caused by flood, fire, pestilence or similar public calamity, or to

exercise any power conferred by law to summon assistance in making

arrests or preventing the commission of any criminal offense.

   (e) Nothing in this section shall be construed to prohibit any

person from holding office or being employed as a superintendent,

supervisor, or employee having custodial responsibilities in an

institution operated by a probation department, if at the time of the

person's hire a prior conviction of a felony was known to the person'

s employer, and the class of office for which the person was hired

was not declared by law to be a class prohibited to persons convicted

of a felony, but as a result of a change in classification, as

provided by law, the new classification would prohibit employment of

a person convicted of a felony.

 

1029.1.  The Department of Corrections and the Department of the

Youth Authority shall complete a background investigation, using as

guidelines standards defined by the Commission on Peace Officer

Standards and Training, of any applicant for employment as a peace

officer before the applicant may be employed or begin training as a

peace officer.  In order to reduce potential duplication of effort by

individual institutions, investigations shall be accomplished by

each department on a centralized or regional basis to the extent

administratively feasible.

 

1030.  A classifiable set of the fingerprints of every person who is

now employed, or who hereafter becomes employed, as a peace officer

of the state, or of a county, city, city and county or other

political subdivision, whether with or without compensation, shall be

furnished to the Department of Justice and to the Federal Bureau of

Investigation by the sheriff, chief of police or other appropriate

appointing authority of the agency by whom the person is employed.

   This section shall not apply to any currently employed peace

officer whose appointment antedates the effective date of this

section and whose fingerprints have already been submitted by his

appointing authority to the Department of Justice and to the Federal

Bureau of Investigation.

 

1031.  Each class of public officers or employees declared by law to

be peace officers shall meet all of the following minimum standards:

   (a) Be a citizen of the United States or a permanent resident

alien who is eligible for and has applied for citizenship, except as

provided in Section 2267 of the Vehicle Code.

   (b) Be at least 18 years of age.

   (c) Be fingerprinted for purposes of search of local, state, and

national fingerprint files to disclose any criminal record.

   (d) Be of good moral character, as determined by a thorough

background investigation.

   (e) Be a high school graduate, pass the General Education

Development Test indicating high school graduation level, pass the

California High School Proficiency Examination, or have attained a

two-year or four-year degree from an accredited college or

university.  The high school shall be either a United States public

school meeting the high school standards set by the state in which it

is located, an accredited United States Department of Defense high

school, or an accredited nonpublic high school.  Any accreditation

required by this paragraph shall be from an accrediting association

recognized by the Secretary of the United States Department of

Education.  This subdivision shall not apply to any public officer or

employee who was employed, prior to the effective date of the

amendment of this section made at the 1971 Regular Session of the

Legislature, in any position declared by law prior to the effective

date of that amendment to be peace officer positions.

   (f) Be found to be free from any physical, emotional, or mental

condition which might adversely affect the exercise of the powers of

a peace officer.  Physical condition shall be evaluated by a licensed

physician and surgeon.  Emotional and mental condition shall be

evaluated by a licensed physician and surgeon or by a licensed

psychologist who has a doctoral degree in psychology and at least

five years of postgraduate experience in the diagnosis and treatment

of emotional and mental disorders.

   This section shall not be construed to preclude the adoption of

additional or higher standards, including age.

   (g) This section shall become inoperative on January 1, 2005, and

as of that date is repealed, unless a later enacted statute, which is

enacted before January 1, 2005, deletes or extends the dates on

which it becomes inoperative and is repealed.

 

1031.  Each class of public officers or employees declared by law to

be peace officers shall meet all of the following minimum standards:

   (a) Be a citizen of the United States or a permanent resident

alien who is eligible for and has applied for citizenship, except as

provided in Section 2267 of the Vehicle Code.

   (b) Be at least 18 years of age.

   (c) Be fingerprinted for purposes of search of local, state, and

national fingerprint files to disclose a criminal record.

   (d) Be of good moral character, as determined by a thorough

background investigation.

   (e) Be a high school graduate, pass the General Education

Development Test indicating high school graduation level, pass the

California High School Proficiency Examination, or have attained a

two-year or four-year degree from an accredited college or

university.  The high school shall be either a United States public

school meeting the high school standards set by the state in which it

is located, an accredited United States Department of Defense high

school, or an accredited nonpublic high school.  Any accreditation

required by this paragraph shall be from an accrediting association

recognized by the Secretary of the United States Department of

Education.  This subdivision shall not apply to a public officer or

employee who was employed, prior to the effective date of the

amendment of this section made at the 1971 Regular Session of the

Legislature, in any position declared by law prior to the effective

date of that amendment to be peace officer positions.

   (f) Be found to be free from any physical, emotional, or mental

condition that might adversely affect the exercise of the powers of a

peace officer.

   (1) Physical condition shall be evaluated by a licensed physician

and surgeon.

   (2) Emotional and mental condition shall be evaluated by either of

the following:

   (A) A physician and surgeon who holds a valid California license

to practice medicine, has successfully completed a postgraduate

medical residency education program in psychiatry accredited by the

Accreditation Council for Graduate Medical Education, and has at

least the equivalent of five full-time years of experience in the

diagnosis and treatment of emotional and mental disorders, including

the equivalent of three full-time years accrued after completion of

the psychiatric residency program.

   (B) A psychologist licensed by the California Board of Psychology

who has at least the equivalent of five full-time years of experience

in the diagnosis and treatment of emotional and mental disorders,

including the equivalent of three full-time years accrued

postdoctorate.

   The physician and surgeon or psychologist shall also have met any

applicable education and training procedures set forth by the

California Commission on Peace Officer Standards and Training

designed for the conduct of preemployment psychological screening of

peace officers.

   (g) This section shall not be construed to preclude the adoption

of additional or higher standards, including age.

   (h) This section shall become operative on January 1, 2005.

 

 

1031.1.  (a) For purposes of performing a thorough background

investigation for applicants not currently employed as a peace

officer, as required by subdivision (d) of Section 1031, an employer

shall disclose employment information relating to a current or former

employee, upon request of a law enforcement agency, if all of the

following conditions are met:

   (1) The request is made in writing.

   (2) The request is accompanied by a notarized authorization by the

applicant releasing the employer of liability.

   (3) The request and the authorization are presented to the

employer by a sworn officer or other authorized representative of the

employing law enforcement agency.

   (b) In the absence of fraud or malice, no employer shall be

subject to any civil liability for any relevant cause of action by

virtue of releasing employment information required pursuant to this

section.  Nothing in this section is intended to, nor does in any way

or manner, abrogate or lessen the existing common law or statutory

privileges and immunities of an employer.

   (c)  For purposes of this section, "employment information"

includes written information in connection with job applications,

performance evaluations, attendance records, disciplinary actions,

eligibility for rehire, and other information relevant to peace

officer performance, except information prohibited from disclosure by

any other state or federal law or regulation.

   (d) An employer's refusal to disclose information to a law

enforcement agency in accordance with this section shall constitute

grounds for a civil action for injunctive relief requiring disclosure

on the part of an employer.

   (e) Employment information disclosed by an employer to an initial

requesting law enforcement agency shall be deemed confidential.

However, the initial requesting law enforcement agency may disclose

this information to another authorized law enforcement agency that is

also conducting a peace officer background investigation.  Whenever

this information is disclosed to another law enforcement agency, that

agency shall utilize the information for investigative leads only

and the information shall be independently verified by that agency in

order to be used in determining the suitability of a peace officer

applicant.

   (f) An employer may charge reasonable fees to cover actual costs

incurred in copying and furnishing documents to law enforcement

agencies as required by this section.

 

1031.5.  (a) Any person employed by a governmental agency on

September 13, 1982, as a peace officer or a peace officer trainee, or

who, prior to September 13, 1982, had applied to fill a position as

a peace officer, as defined in Chapter 4.5 (commencing with Section

830) of Title 3 of Part 2 of the Penal Code, is not subject to the

requirement of subdivision (a) of Section 1031 prior to its amendment

by Chapter 943 of the Statutes of 1982, provided that any person

qualifying for this exemption shall, as soon as legally possible,

apply for and meet all of the requirements for United States

citizenship specified in existing law, and shall be subject to

subdivisions (b) and (c).

   (b) Any permanent resident alien who is employed as a peace

officer shall diligently cooperate with the Immigration and

Naturalization Service in the processing of his or her application

for citizenship and shall be disqualified from holding that position

if, three years after the filing of his or her application for

employment, the person has not obtained citizenship due to his or her

failure to cooperate in the processing of the application for

citizenship.

   (c) Any permanent resident alien who is employed as a peace

officer shall be disqualified from holding that position if his or

her application for citizenship is denied.

 

Alabama

 Section 16-36-64

Statewide textbook contracts.

(a) No contract shall be made pursuant to this article for the purchase of textbooks rejected by the State Board of Education. The only contracts entered into by the State Board of Education pursuant to this article shall be for textbooks considered by the State Textbook Committee and adopted by the State Board of Education as provided for in this article.

(b) In addition to all other laws which forbid the use of textbooks in the public schools of the state by authors who are members of the Communist Party or members of communist front organizations, all contracts with publishers for textbooks made pursuant to this article shall stipulate that the author or authors of such book or books is not a member of the Communist Party or known advocate of communism or Marxist socialism and is not a member of a communist front organization.

(c) The maximum price at which the State Board of Education shall contract for local boards of education to pay f.o.b. the local board of education for any books to be used in the public schools of this state, after all discounts have been deducted, shall not exceed the minimum price at which the publisher sells such books in wholesale quantities f.o.b., the publisher's publishing house, after all discounts have been deducted. Any contract made for the purchase of books for use in the public schools of this state at a price higher than such determined maximum shall be void.

(d) Every contract entered into under this article by the State Board of Education on behalf of the local boards of education and any publisher or publishing company shall contain a provision that the publisher covenants and agrees to all of the following:

(1) The publisher is not furnishing under contract executed after the first day of January of the year in which the contract becomes effective, to any state, county, or school district in the United States the textbooks embraced in the contract at a price below the price stipulated in the contract.

(2) If, at any time during the period of the contract, the textbooks named in the contract shall be contracted for at a price to any state, county, or school district in the United States, lower than the price agreed upon in the contract, then that lower price shall become the contract price between the State Board of Education on behalf of the local board of education and the publisher named in the contract.

(3) If, at any time during the period of the contract, any editions of the textbooks named in the contract substantially similar to the official copy on file in the office of the State Superintendent of Education shall be contracted for at a lower price with any state, county, or school district in the United States, the State Board of Education may at its option substitute for the edition contracted for the substantially similar edition at the lower price.

(4) If the publisher offers any free or discounted ancillary items or services, or both, to any local board of education or any public school, the publisher shall offer the same free or discounted ancillary items or services, or both, to all local boards of education or schools under the same or similar circumstances.

(e) If the State Board of Education determines that any book or books contracted for are being sold at a lower contract price in any other state than the price for which the book or books are being sold to Alabama, the contract shall be forfeited. Each contract shall provide that in the event of violation of this pricing agreement, the contractor shall return all money collected for the books and also forfeit the book or books to the respective local boards of education, this being the agreed measure of damages stipulated to have been suffered by the State Board of Education and the local boards of education. Action may be brought in the name of the state on the bond of the contractor for all losses sustained, and any sum recovered shall be deposited to the credit of the Education Trust Fund.

(f) Contracts with textbook publishers shall include all of the following:

(1) A provision that local boards of education shall be permitted to purchase with local funds textbooks for free distribution at the same price at which the local boards of education are permitted to purchase such books with state funds.

(2) The publishers shall replace defective or substandard books without cost to the purchaser.

(3) Provisions for the time of delivery, penalties for delay in delivery, and other provisions as in the judgment of the State Board of Education will insure prompt delivery of all textbooks at the lowest possible price.

(g) In the case of the failure of any contractor to furnish the books as provided in this contract, the bond of the publisher shall be forfeited and the State Board of Education may contract for other books as needed. The State Board of Education may drop any textbook by giving written notice to the publisher at least 90 days in advance and upon the recommendation of the State Textbook Committee to make another adoption instead of the textbook.

(h) The State Board of Education, upon the recommendation of the State Superintendent of Education, may renew or extend contracts for no less than one year nor more than two years. This provision shall be made a part of the publishers contract, and the State Board of Education may exercise the provision by notifying the publisher in advance.

(i) The State Board of Education may include any additional regulations in the contract form that the State Board of Education deems best for the administration of this article, and any regulations included in the contract form and accepted by the publisher shall be construed as a part of this article. Publishers shall be required to comply with additional rules and regulations approved by the State Board of Education as if they were included in this article.

(j) The State Superintendent of Education shall preserve in the offices of the State Department of Education or in another suitable location, one copy of each book which has been made the basis of any contract as the standard specimen of quality and excellence to be maintained in such books during the period of the contract.

(Act 98-320, p. 544, §5.)

 

California

EDUCATION CODE

SECTION 44930-44988

 

44939.  Upon the filing of written charges, duly signed and verified

by the person filing them with the governing board of a school

district, or upon a written statement of charges formulated by the

governing board, charging a permanent employee of the district with

immoral conduct, conviction of a felony or of any crime involving

moral turpitude, with incompetency due to mental disability, with

willful refusal to perform regular assignments without reasonable

cause, as prescribed by reasonable rules and regulations of the

employing school district, with violation of Section 51530, with

knowing membership by the employee in the Communist Party or with

violation of any provision in Sections 7001 to 7007, inclusive, the

governing board may, if it deems such action necessary, immediately

suspend the employee from his duties and give notice to him of his

suspension, and that 30 days after service of the notice, he will be

dismissed, unless he demands a hearing.

   If the permanent employee is suspended upon charges of knowing

membership by the employee in the Communist Party or for any

violation of Section 7001, 7002, 7003, 7006, 7007, or 51530, he may

within 10 days after service upon him of notice of such suspension

file with the governing board a verified denial, in writing, of the

charges.  In such event the permanent employee who demands a hearing

within the 30-day period shall continue to be paid his regular salary

during the period of suspension and until the entry of the decision

of the Commission on Professional Competence, if and during such time

as he furnishes to the school district a suitable bond, or other

security acceptable to the governing board, as a guarantee that the

employee will repay to the school district the amount of salary so

paid to him during the period of suspension in case the decision of

the Commission on Professional Competence is that he shall be

dismissed.  If it is determined that the employee may not be

dismissed, the school board shall reimburse the employee for the cost

of the bond.

 

california

EDUCATION CODE

SECTION 38130-38139

38136.  No governing board of a school district shall grant the use

of any school property to any person or organization for any use in

violation of Section 38135.

   For the purpose of determining whether or not any individual,

society, group, or organization applying for the use of the school

property intends to violate Section 38135, the governing board shall

require the making and delivery to the governing board, by the

applicant of a written statement of information in the following

form:

      STATEMENT OF INFORMATION

   The undersigned states that, to the best of his or her knowledge,

the school property for use of which application is hereby made will

not be used for the commission of any act intended to further any

program or movement the purpose of which is to accomplish the

overthrow of the government of the United States by force, violence

or other unlawful means;

   That ____, the organization on whose behalf he or she is making

application for use of school property, does not, to the best of his

or her knowledge, advocate the overthrow of the government of the

United States or of the State of California by force, violence, or

other unlawful means, and that, to the best of his or her knowledge,

it is not a Communist action organization or Communist front

organization required by law to be registered with the Attorney

General of the United States.  This statement is made under the

penalties of perjury.

 

                                _____________________________

                                         (Signature)