Existing law requires the State Registrar to create a document, no later than March 1, 2020, with annual updates, containing information received by local registrars concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. Existing law requires the local registrar, at least annually, to submit information, as specified, to the State Registrar for those purposes. Existing law restricts the local registrar from submitting that information if the local registrar did not accept any marriage certificates in the same calendar year. This bill would require the State Registrar to also provide that document to the Legislature annually. The bill would require the local registrar to submit that information four times a year, as specified. The bill would instead require, if no marriage certificates were accepted by the local registrar, that the local registrar submit a report to the State Registrar concurrently with the information described above indicating that no marriage certificates were accepted. By creating new duties for county officials relating to certain marriage licenses or certificates, the 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, 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.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, to a qualified taxpayer, as defined, in an amount equal to the total amount paid or incurred during the taxable year by the qualified taxpayer to comply with the regulations adopted by the Occupational Safety and Health Standards Board on November 19, 2020, relating to COVID-19 prevention and approved by the Office of Administrative Law. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.
Existing law requires law enforcement agencies to either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround deoxyribonucleic acid (DNA) program is in place, as specified. Existing law also requires a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, to either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would require a law enforcement agency, for any sexual assault forensic evidence received by the law enforcement agency prior to January 1, 2016, to submit that evidence to the crime lab on or before January 31, 2023. The bill would additionally require a crime lab, for any sexual assault evidence kit received by a law enforcement agency prior to January 1, 2016, and submitted to the crime lab on or after January 1, 2022, to process that evidence kit no later than January 31, 2024, except as specified. Because the bill would impose a higher level of service on local law enforcement agencies in processing that evidence, it 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, 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.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for those pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments, or for creating surplus space and excess capacity for pole attachments, the commission is required to establish and enforce the rates, terms, and conditions for those pole attachments and capacity enhancements so as to assure the public utility the recovery of specified funds. This bill would require a public utility that receives a request for pole attachment from a cable television corporation to notify the cable television corporation, as soon as possible, but by no later than 10 days after receipt of the request, of any additional information needed to respond to the request. The bill would require the public utility to notify the cable television corporation, as soon as possible, but by no later than 45 days after receipt of the request, if the attachment request is accepted or denied. If the request is denied, the bill would require the public utility to state all of the reasons for the denial and the remedy to gain access to the pole for attachment. If the request is accepted, the bill would require the public utility to include a cost estimate, based on actual cost, for any necessary make-ready work required to accommodate the requested attachment. If the public utility determines that a pole replacement is necessary, the bill would authorize the public utility and the cable television corporation to negotiate terms and conditions for the requested attachment and if the public utility is an electrical corporation, would authorize the electrical corporation to recover the cost of the pole replacement in a general rate case or, if applicable, a wildfire mitigation plan approval proceeding. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 authorizes the Department of Motor Vehicles to allow a person to submit any document required to be submitted to the department by using electronic media, as specified, instead of requiring the actual submission of the original document. If a signature is required on a document in order to complete a transaction, the requirement may be satisfied for an electronically submitted document if the signature is also submitted electronically. This bill would require the Department of Motor Vehicles to establish a virtual field office allowing the electronic completion of transactions that require manual review by the department. The bill would permit the department to allow any transaction that is required to otherwise be completed in person at a field office or by mail to instead be conducted through the virtual field office, to the extent authorized by federal law. The bill would make conforming changes to permit various transactions to be conducted electronically, including, among others, electronically submitting an application for a low emission vehicle decal and electronically completing a title transfer transaction.
Existing law vests the Department of Transportation with full possession and control of the state highway system and associated real property. Existing law generally requires vehicles to be driven upon the right 12 of a roadway, defined to include only that portion of a highway improved, designed, or ordinarily used for vehicular travel. Existing law generally prohibits the driver of a vehicle from overtaking and passing another vehicle by driving off the paved or main-traveled portion of the roadway. Existing law authorizes the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District to conduct a transit bus-only program using the shoulders of certain state highways as transit bus-only traffic corridors, subject to approval by the Department of Transportation and the Department of the California Highway Patrol. Existing law requires that the highway segments to be used for the program are to be jointly determined by the districts, the department, and the Department of the California Highway Patrol, as provided. This bill would require the Department of Transportation to establish a pilot program to authorize a transit operator or operators, in partnership with an eligible transportation agency, to operate part-time transit lanes, defined as designated highway shoulders that support the operation of transit vehicles during specified times. The bill would require the department by January 1, 2024, to develop guidelines for the safe operation of part-time transit lanes, as provided, a training program for transit operators to operate transit buses on the shoulders of highways within the state, and a program to identify transit buses authorized to be used or operated in part-time transit lanes within the state. The bill would require the eligible transportation agency to be responsible for all costs attributable to the project. Two years after commencing a project, the bill would require an operator or operators, in conjunction with the eligible transportation agency, to submit a report to the Legislature that includes certain information about the project.
Existing law authorizes, when a defendant has been committed to the state prison or to a county jail for the commission of a felony, the court to recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if the defendant had not previously been sentenced if doing so is in the interest of justice. Existing law authorizes a defendant to be resentenced pursuant to these provisions upon the court's own motion within 120 days of the date of commitment, or upon the recommendation of specified individuals, including, among others, the district attorney of the county in which the defendant was sentenced. This bill would additionally authorize a petition for recall and resentencing by a defendant who has served at least 15 years of their sentence and has at least 24 months of their sentence remaining. The bill would also establish procedural requirements for resentencing a defendant pursuant to these provisions including by, among other things, requiring a petition for resentencing to be filed with the presiding judge of the superior court in which the defendant was originally sentenced, requiring the presiding judge, or a judge appointed by the presiding judge, to act on the petition within 90 days of the petition having been filed, and requiring the court to specify the reason for its judgment on the petition. The bill would, if a petition for recall and resentencing is filed by the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, a county correctional administrator, or the district attorney of the county in which the defendant was sentenced, and the petition is based on a defendant's exceptional rehabilitation while imprisoned, require the court to appoint counsel for the defendant and hold a hearing on the petition and would prohibit the court from denying the petition to recall and resentence the defendant unless there is evidence beyond a reasonable doubt that the defendant is likely to commit a future violent crime. To the extent this bill would require local public defenders to provide a higher level of service, this bill would impose a state-mandated local program. The bill would, upon appropriation by the Legislature, allocate savings accrued as a result of resentencing a defendant pursuant to these provisions who was sentenced to imprisonment in the state prison to the district attorney of the county in which the resentencing occurred, to the superior court in the county in which the resentencing occurred, and, in certain instances, to the public defender of the county in which the resentencing occurred. 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.
Existing law, except as specified, prohibits enforcement of a personal service contract beyond 7 years from the commencement of service under the contract. Under existing law, an employee who is a party to a contract to render personal services in the production of specified phonorecords is prohibited from invoking this provision without first giving written notice to the employer that the employee, from and after a specified date, will no longer render service under the contract by reason of the above provision. Existing law specifies that a party to a contract to render personal services in the production of specified phonorecords may still pursue an action for certain damages. This bill would eliminate that provision requiring an employee who is a party to a contract to render personal services in the production of specified phonorecords to give written notice and would also repeal the provisions related to damages. The bill would instead authorize a music talent, as defined, to terminate, at any time, their personal services agreement by sending notice to the contracting party, if an option has not been exercised within 6 months of the earlier of the satisfaction of the delivery obligation for a contract period by the musical talent or the initial commercial release of the applicable music product, and would also prohibit the inclusion of option periods that extend more than 6 months after the earlier of the satisfaction of the delivery obligation for a contract period by the musical talent or the initial commercial release of the applicable music product. This bill would additionally prohibit the initial term, as specified, of a contract for the exclusive or first-priority personal services of an actor on an episodic series, as defined, from extending over 12 months after the earlier of delivery of the executed contract or commencement of the actor's performance on the pilot or first episode of an episodic series. The bill would also require those contracts containing options exercisable by any person other than the actor to have all options exercised, and all of the actor's performance services for optioned seasons completed, within 12 months after the completion of the actor's performance services for the prior season. The bill would specify that if these timeframes are not met, the actor may, at any time, terminate their personal services agreement by sending notice to the contracting party. This bill would prohibit the waiver of its provisions in an individual negotiation, collective bargaining agreement, or other agreement, and void any contract provision that would deprive a music talent or actor of the protections of this bill. The bill would provide that it applies to all unexercised option periods after January 1, 2022, regardless of the start date of the contract containing those option periods.
The Personal Income Tax Law allows various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2022, and before January 1, 2027, in an amount equal to the amount of sales tax collected from a qualified taxpayer during the first week of August of the taxable year for purchases of back-to-school items, as defined, not to exceed $2,500 per taxable year per household. The bill would define qualified taxpayer as a parent with a schoolchild, a student attending a postsecondary institution, or an educator. The bill would require a qualified taxpayer to have a household income at the time of filing that is at or below the federal poverty threshold, except as otherwise specified. The bill would require the Franchise Tax Board to submit a report by January 1, 2026, to the Legislature on the amount of credits used by qualified taxpayers, and would provide findings and declarations relating to the goals of this credit. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount to be paid as an earned income tax credit in excess of any tax liabilities. This bill would require the amount of the credit exceeding the taxpayer's liability to be credited against other amounts due, if any, and would require the balance to be paid from the Tax Relief and Refund Account and refunded to the taxpayer. By authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation.
Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would amend Proposition 115 by repealing the provision prohibiting a judge from striking a special circumstance and by, instead, authorizing a judge, on the judge's own motion or upon the application of either party, and in the furtherance of justice, to order the dismissal of a special circumstance finding or admission. The bill would authorize a judge to order the dismissal of a special circumstance finding or admission retroactively when the trial court judgment has become final and the sentence has been executed, or the imposition of the sentence has been suspended, including when the sentence previously pronounced was life imprisonment without the possibility of parole or the death penalty, as specified. This bill would state that its provisions are severable.
Existing law establishes various programs for the prevention, detection, and mitigation of wildfires. Existing law establishes in state government a Natural Resources Agency. This bill would require the agency, on or before June 1, 2023, to develop and fund, upon an appropriation by the Legislature, a Wildland-Urban Interface Fire Research Center that addresses the wildland-urban interface fire problem and the need for wildfire prevention, detection, and mitigation planning, building, and response, and related economic, insurance, and modeling practices in the state. The bill would require the center to act as a think tank for purposes of discussing policy, exchanging information, and training fire personnel in best practices.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40% below 2013 levels by 2030. Existing law requires the methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve those targets for reducing organic waste in landfills, and requires the regulations to include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of is recovered for human consumption by 2025. This bill would revise that goal by authorizing recovery for animal or livestock consumption, in addition to recovery for human consumption, in order to recover, by 2025, not less than 20% of edible food that is disposed of as of January 1, 2022.
