Existing law requires the driver of any vehicle, including a person riding a bicycle, when approaching a stop sign at the entrance of an intersection, to stop before entering the intersection. A violation of this requirement is an infraction. This bill would require a person who is 18 years of age or older riding a bicycle upon a two-lane highway when approaching a stop sign at the entrance of an intersection with another roadway with two or fewer lanes, where stop signs are erected upon all approaches, to yield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasonably safe to proceed. The bill would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection. The bill would state that these provisions do not affect the liability of a driver of a motor vehicle as a result of the driver's negligent or wrongful act or omission in the operation of a motor vehicle. The bill would impose a warning citation for a first violation by a person who is under 18 years of age and fails to stop when approaching a stop sign at the entrance of an intersection. The bill would also require the Commissioner of the California Highway Patrol to submit a report to the Legislature, as specified, regarding the effects of this bill. These provisions would be repealed on January 1, 2031. By changing the elements of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires a tax return filed with the California Department of Tax and Fee Administration (CDTFA) that reports gross receipts for sales and use tax purposes to segregate the gross receipts of the seller and the sales price of the property on a line or a separate form when the place of sale in this state or for use in this state is on or within the real property of a state-designated fair, as defined, or any real property of a state-designated fair that is leased to another party. Existing law requires, on or before November 1 of each year, the CDTFA to report to the Department of Finance the amount of the total gross receipts segregated on these tax returns for the prior fiscal year, and that 34 of 1% of the total gross receipts be included in the next annual Governor's Budget for use by the Department of Food and Agriculture for allocation to fairs and that those funds be transferred by the Controller to the Fair and Exposition Fund, which is continuously appropriated, as prescribed. Existing law provides that certain revenues deposited into the Fair and Exposition Fund are appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs, as specified. This bill would increase the amount of the total gross receipts required to be included in the next annual Governor's Budget for use by the Department of Food and Agriculture and transferred to the Fair and Exposition Fund, as specified, from 34 of 1% to 3.5%. From the funds subject to allocation by the Secretary of Food and Agriculture for capital outlay to California fairs, which the bill would increase by adding this 3.5% gross receipts transfer, the bill would require, each fiscal year, the sum of $2,500,000, or an amount equal to 5% of the fund, whichever is greater, to be paid to the department for purposes of providing administrative services to fairs, as specified. The bill would also require, each fiscal year, from the amounts available in the Fair and Exposition Fund after the payment made to the department, the sum of $500,000 to be paid to the nonprofit organization representing all fairs in the network of California fairs for purposes of providing services to fairs, as specified. The bill would make other nonsubstantive changes regarding appropriations to the department for fairs. This bill would require the Secretary of Food and Agriculture, by May 15 of each year, to prepare an annual expenditure plan for funds from the Fair and Exposition Fund for review and approval by the Joint Committee on Fairs Allocation and Classification, as provided. By increasing the amounts to be deposited into the Fair and Exposition Fund, which is continuously appropriated, and by appropriating these amounts for new purposes, the bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law, the Cannabis Tax Law, imposes an excise tax upon purchasers of cannabis or cannabis products sold in this state at the rate of 15% of the gross receipts of any retail sale by a cannabis retailer, and prior to July 1, 2022, a cultivation tax on all harvested cannabis that entered the commercial market, as specified. Existing law provides that taxes imposed under the Cannabis Tax Law are in addition to any other tax imposed by a city or county. Existing law defines "gross receipts" for purposes of the Cannabis Tax Law as it is defined under the Sales and Use Tax Law. Existing sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. The Sales and Use Tax Law defines the term "gross receipts" for these purposes to mean the total amount of the sale or lease or rental price of the retail sales of retailers, valued in money, whether received in money or otherwise, as specified, unless an exclusion applies. The Sales and Use Tax Law defines the term "sales price" for these purposes to mean the total amount for which tangible personal property is sold or leased or rented, valued in money, whether received in money or otherwise, as specified, unless an exclusion applies. This bill, beginning January 1, 2024, would exclude from the terms "gross receipts" and "sales price" under the Sales and Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax Law and the amount of any tax imposed by a city or county on the privilege of engaging in commercial cannabis activity, as specified. The bill would also prohibit a city or county from including in the definition of gross receipts, for purposes of any local tax or fee on a licensed cannabis retailer the amount of any cannabis excise tax imposed under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local governments with respect to their taxes and fees, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. This bill would declare that its provisions further the purposes and intent of AUMA. This bill would take effect immediately as a tax levy.
(1) Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would expand the instances when the diversion or use of water is considered a trespass. (2) Existing law establishes the State Water Resources Control Board in the California Environmental Protection Agency and vests the board with various powers and duties, including, among other things, to ascertain whether or not water heretofore filed upon or attempted to be appropriated is appropriated under the laws of this state. Existing law authorizes the board to adopt emergency regulations if, among other things, the regulations are adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter's priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports. This bill would authorize the board to issue a curtailment order for any diversion, regardless of basis of right, when water is not available under the diverter's priority of right. The bill would require the board to adopt regulations to implement this provision. (3) Existing law authorizes the board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. This bill would additionally authorize the board to issue a cease and desist order when a water right holder fails to curtail diversions when water is unavailable under the water right holder's priority of right.
Read. Adopted. (Page 2591.).
Existing law provides that for a referendum measure, upon receipt of a petition certified to have been signed by the requisite number of qualified voters, the Secretary of State must issue a certificate of qualification certifying that the measure, as of that date, is qualified for the ballot, must notify the proponents of the measure and the elections official of each county that the measure, as of that date, is qualified for the ballot, and must include the measure in a list of all statewide referendum measures that have qualified for the ballot, as specified. This bill would instead require the Secretary of State to, in the case of a referendum measure, issue a certificate of qualification certifying the measure is qualified for the ballot on the 131st day prior to the date of the election, as specified, or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election, as specified. The bill would also require the Secretary of State to notify the measure's proponents and county elections officials of the measure's qualification, and to publish the referendum on the list of all statewide referendum measures located on the Secretary of State's website based on the aforementioned timing. If a referendum measure has been issued a certificate of qualification as of the effective date of this bill, the Secretary of State would be required to void that certificate of qualification and issue a new certificate of qualification, as specified. The bill would allow proponents of any such referendum measure to withdraw that measure, as specified, at any time between the effective date of this bill and the date on which the Secretary of State issues a new certificate of qualification, as specified.
Existing law creates the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission (Energy Commission) , to provide, among other things, competitive grants and revolving loans to specified entities for those entities to develop and deploy innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change policies. Existing law requires the Energy Commission to develop and adopt an investment plan to determine priorities and opportunities for the program. Existing law requires the Energy Commission, in consultation with the State Air Resources Board, as part of the development of the investment plan, to assess whether charging station infrastructure is disproportionately deployed, as specified, and, upon finding disproportionate deployment, to use moneys from the Alternative and Renewable Fuel and Vehicle Technology Fund, as well as other mechanisms, including incentives, to more proportionately deploy new charging station infrastructure, except as specified. Existing law requires the Energy Commission, in consultation with the Public Utilities Commission, to develop uptime recordkeeping and reporting standards for electric vehicle chargers and charging stations by January 1, 2024, as specified. Existing law requires the Energy Commission, beginning January 1, 2025, and biennially thereafter, to assess the uptime of charging station infrastructure, including, at a minimum, an assessment of equitable access to reliable charging stations in low-, moderate-, and high-income communities. Existing law repeals these provisions on January 1, 2035. This bill would require, on and after June 1, 2024, owners, operators, and infrastructure developers of electric vehicle charging stations, except for charging stations located at residential dwellings, as defined, for which those parties are awarded a state grant to support the electric vehicle charging stations, including related infrastructure, on or after January 1, 2024, to ensure that specified data fields for the owner's or operator's entire network of electric vehicle charging stations in California are made available, free of charge, to third-party software developers through an application programming interface, as specified. The bill would authorize other owners, operators, and infrastructure developers of electric vehicle charging stations not located at residential dwellings to ensure that those data fields are available to third-party software developers under the same conditions.
Existing law generally prohibits a person or entity from entering into a contract for labor or services with specified types of contractors, if the person or entity knows or should know that the contract does not include sufficient funds to allow the contractor to comply with all applicable local, state, and federal laws governing the labor or services to be provided. Existing law establishes a rebuttable presumption affecting the burden of proof regarding violations of this prohibition. For these presumptions to apply, existing law requires a contract with a specified type of contractor for labor or services to be in writing, in a single document, and contain specified provisions, including the names, addresses, and telephone numbers of the person or entity seeking labor or services and the contractor through whom the labor or services are to be provided. This bill would additionally require the contract provisions to include the email addresses of the person or entity seeking labor or services and the contractor through whom the labor or services are to be provided.
Existing law allows the use of technology by trial courts for attorneys, parties, and witnesses to appear remotely for specified criminal court proceedings, subject to specified limitations, until January 1, 2024. Existing law, beginning January 1, 2024, allows a defendant in a case charged with only a misdemeanor to appear by counsel, except as specified, and if the defendant agrees, to conduct the initial court appearance, arraignment, and plea by video, as specified. Existing law requires an individual accused of a felony to be personally present at all proceedings unless with leave of the court, the individual executes a written waiver of their right to be personally present, or as otherwise specified. Existing law, beginning January 1, 2024, allows a defendant in a felony matter, if the defendant agrees, to conduct the initial court appearance, arraignment, and plea by video, as specified. This bill would, until January 1, 2026, instead allow, if the defendant agrees and the court consents, a defendant in a misdemeanor matter to appear through remote technology, as defined, for any noncritical portion of a proceeding when no sworn testimony is taken. The bill would additionally allow a defendant in a felony matter to participate, upon their request and with leave of the court, in the initial court appearance, arraignment, entry of plea, bail hearings, resentencing hearings, and motion hearings and conferences when no sworn testimony is taken, through remote technology, as specified. The bill would specify that these provisions do not authorize the use of remote technology for a jury or court trial. The bill would require the waiver of a defendant's personal appearance in a felony matter to include that the defendant knowingly, intelligently, and voluntarily waives the right to be present at the hearing or other proceeding. The bill would authorize a court to permit a witness in misdemeanor or felony proceedings to testify through the use of remote technology, except as specified. The bill would authorize the defendant to consent to appear remotely for noncritical portions of criminal proceedings when no sworn testimony is taken. The bill would require defense counsel, the prosecution, and the judicial officer to be present in the courtroom if the defendant is physically present in the courtroom. This bill would require the Judicial Council to adopt minimum standards for the courtroom technology necessary to permit remote participation in criminal proceedings and would authorize the Judicial Council to adopt rules and standards necessary to implement these provisions. The bill would require a superior court using remote technology for criminal proceedings to post on its internet website a means for various persons to provide feedback regarding the use of remote technology and would require the superior court to send feedback to the Judicial Council on a quarterly basis. The bill would require the Judicial Council, commencing July 1, 2024, to compile the written feedback and provide a copy to the chairs of the Senate and Assembly Committees on Judiciary and Senate and Assembly Committees on Public Safety, semiannually. Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the record for a remote proceeding pursuant to specified provisions. This bill would prohibit a court from retaliating, or threatening to retaliate, against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the record for a criminal proceeding that includes participation through remote technology.
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary direct election, authorizes the issuance of bonds in the amount of $4,000,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 23 vote of each house of the Legislature and a majority of the voters. This bill would enact the Climate Resiliency and Flood Protection Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,000,000,000 pursuant to the State General Obligation Bond Law, for flood protection and climate resiliency projects. This bill would provide for the submission of these provisions to the voters at the November 5, 2024, statewide general election. This bill would become operative only if SB 867 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2024.
Existing law provides for the licensing, regulation, and inspection of various types of health facilities by the State Department of Public Health, including general acute care hospitals. Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires specified financial and utilization data to be reported to the department by a hospital at the end of a calendar quarter. Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor. This bill would require a general acute care hospital to adopt policies for behavioral health personnel to respond to patients with a mental health or substance use crisis. The bill would require that these protocols meet standards established by the department and consist of various parameters such as minimum staffing requirements for behavioral health responses, procedures for response by behavioral health personnel in a timely manner, and annual training, as specified. The bill would require the department to adopt regulations on standards for general acute care hospitals related to behavioral health response. The bill would require all general acute care hospitals to maintain records on each patient who receives care from behavioral health response personnel and the number of hours of services provided for a period of 3 years. The bill would require hospitals to include related data in their quarterly summary utilization data reported to the department. Existing law establishes the Department of Health Care Access and Information, which is responsible for administering various programs with respect to health care professions and establishes various programs to facilitate the expansion of the health care workforce. Existing law authorizes the board of supervisors in each county to establish and maintain a county hospital to provide public health care services within the county. Existing law authorizes the board to prescribe rules for the hospital's government and management, and to appoint a county physician and other necessary officers and employees of the hospital, as specified. This bill would establish the Behavioral Health Response and Training Fund to provide grants to qualifying applicants for the purpose of funding a new program or supporting an existing program that increases the staffing in general acute care hospitals of direct care personnel who are trained in behavioral health care and behavioral health response or intervention. The bill would also require the department to evaluate the program and report to the Legislature annually. By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Read. Adopted. (Ayes 70. Noes 0. Page 2571.).
