(1) Existing law makes the vote by mail ballot available to any registered voter. Existing law requires that those vote by mail ballots be received by the elections officials from whom they were obtained or by the precinct boards before the polls close on election day in order to be counted. Existing law authorizes certain local, special, or consolidated elections to be conducted wholly by mail, so long as specified conditions are satisfied. Existing law requires ballots cast in these vote by mail elections to be returned to the elections official from whom they were obtained no later than 8 p.m. on election day. This bill would, notwithstanding the above provisions, provide that any vote by mail ballot is timely cast if it is received by the voter's elections official no later than 3 days after election day, and either the ballot is postmarked on or before election day or the voter has executed a declaration under penalty of perjury stating that the ballot was voted and mailed prior to 8 p.m. on election day. Because the bill would expand the duties of local elections officials, it would impose a state-mandated local program. (2) Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 28 days of the election, except for specified elections. This bill would instead require the elections official to submit the certified statement of the results of the election to the governing body within 31 days of the election. (3) 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 these statutory provisions.
Existing law provides that the Department of Transportation has full possession and control of the state highway system and associated property. Existing law authorizes the department to place signs on state highways directing motorists to culturally unique and historically significant communities within the geographic boundaries of a city, county, or city and county under certain conditions. Among these conditions is a requirement for the governing body of the city, county, or city and county in which the community is located to adopt a resolution that designates the name of the community, defines the geographic boundaries of the community, and requests the department to post the signs. This bill would, until January 1, 2014, authorize the department to also post signs under these provisions in the absence of compliance with the above-referenced resolution requirements, if the governing board of the county in which the community is located adopts a resolution conforming with the above-referenced requirements and the city in which the community is located, if any, provides a letter from the director of transportation or the city official in charge of transportation matters indicating that the city is not opposed to the placement of signs. This bill would also authorize the department to continue to display the signs installed under these provisions after the repeal of these provisions.
The Sales and Use Tax Law imposes a tax on retailers measured by the 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. That law provides that the place of sale or purchase is the place where the tangible personal property is physically located at the time the act constituting the sale or purchase takes place, with sales tax thereby being imposed on retail sales of tangible personal property physically located in this state at the time of sale. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law and provides the methods of allocating those local sales and use taxes to a city or county. This bill would clarify that the place of sale or purchase of property for purposes of determining whether sales tax or use tax applies to the transaction is determined in the same manner under the Sales and Use Tax Law and the Bradley-Burns Uniform Local Sales and Use Tax Law, and would state that this provision is declaratory of existing law. Existing law provides that after January 1, 2007, and before January 1, 2013, the Cigarette and Tobacco Products Tax Law, Underground Storage Tank Maintenance Fee Law, and Fee Collection Procedures Law allow the State Board of Equalization to accept an offer in compromise on a final tax liability, as defined, imposed under or in accordance with those laws regardless of whether the liabilities are generated from a business, that has been discontinued or transferred or whether the taxpayer or feepayer has a controlling interest or association with a similar business as the transferred or discontinued business, as prescribed. Under these laws, a taxpayer or feepayer would be guilty of a felony if the taxpayer or feepayer conceals specified property or receives, withholds, destroys, mutilates, or falsifies specified items or makes a false statement related to the offer in compromise, as specified. This bill would extend the repeal date for the above provisions to January 1, 2018. The bill, by extending the repeal date, would expand an existing crime and, thus, 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 the State Energy Resources Conservation and Development Commission to prescribe, by regulation, appliance efficiency standards, based on reasonable and current use patterns, to promote the use of energy- and water-efficient appliances. Existing law requires these standards to become effective no sooner than one year after the date of adoption or revision. Existing law provides that, within 5 years after the adoption of an appliance standard, a change in an appliance standard shall not become effective unless the commission adopts other cost-effective measures for that appliance. This bill would provide that the battery charger labeling requirements do not become effective and would prohibit the enforcement of those requirements if, no later than January 31, 2013, the United States Department of Energy issues a decision adopting a federal labeling requirement for battery chargers that becomes effective no later than July 1, 2013. The bill would provide that the battery charger labeling requirements adopted by the commission that become effective would remain in effect only until the United States Department of Energy adopts a final labeling rule for battery chargers that becomes effective.
Existing law, commencing with the 2012–13 fiscal year, requires the Controller to allocate 96.015% of the funds allocated to the Juvenile Justice Subaccount from the Local Revenue Fund 2011 to the Youthful Offender Block Grant Special Account, and to allocate 3.085% of the funds in that subaccount to the Juvenile Reentry Grant Special Account, as specified. This bill would instead require the Controller to allocate 94.481% of the funds described above to the Youthful Offender Block Grant Special Account, and to allocate 5.519% to the Juvenile Reentry Grant Special Account. Existing law requires the Controller to allocate to the CalWORKs Maintenance of Effort Subaccount of each local health and welfare trust fund the amounts deposited and remaining unexpended and unreserved in the Maintenance of Effort Subaccount on the 15th day of each month. This bill would instead require the Controller to allocate to the CalWORKs Maintenance of Effort Subaccount of each local health and welfare trust fund the amounts deposited into the Maintenance of Effort Subaccount. The bill would also make a $1,000 appropriation from the General Fund to the Department of Corrections and Rehabilitation, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) Existing law provides that a defendant who is in custody and arraigned for a misdemeanor offense, or who has been arrested upon an out-of-county warrant arising from a case involving only misdemeanors, is entitled to be released on his or her own recognizance unless the court finds that the release will compromise public safety or will not reasonably ensure the appearance of the defendant, in which case the court is required to set bail and specify conditions, if any, for release. This bill would authorize a court to determine, at the time of arraignment in any case that is before a court concerning the commission of a felony punishable by imprisonment in a county jail, whether a defendant who is still in custody may be released on his or her own recognizance. In making this decision, the bill would require the court to determine whether the release will compromise public safety. The bill would authorize the court to consider, in its discretion, imposing on the defendant any reasonable conditions it deems appropriate, and would authorize the court to require supervision by any designated local agency, to ensure public safety and to ensure the defendant's appearance. The bill, if release will compromise public safety or will not reasonably ensure the appearance of the defendant, would require the court to set bail. (2) Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration the protection of the public, the seriousness of the offense, the defendant's previous criminal record, and the probability of the defendant appearing at trial or a hearing. This bill would revise the factors that the judge or magistrate would be required to consider to, among other things, require the judge or magistrate to consider the history and characteristics of the defendant, and to consider the nature and circumstances of the offense. The bill would require a judge or magistrate to also consider those factors when determining conditions for pretrial release. (3) Existing law authorizes a court, with the concurrence of the county board of supervisors, to employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance. In cases involving certain crimes, including violent felonies, an investigative report is required to be prepared that includes specified information, including outstanding warrants against the defendant and prior incidents where the defendant has failed to make a court appearance. This bill would also authorize a sheriff, county probation department, or other local governmental agency, with the concurrence of the board of supervisors, to employ an investigative staff for those purposes, and would require a pretrial investigative report to be prepared before a court may order a defendant released on his or her own recognizance in any case involving specified crimes, including a violent felony. The bill would authorize the preparation of a pretrial investigation report in all other cases in which a court, sheriff, county probation department, or other local governmental agency has employed an investigative staff to recommend whether the defendant should be released on his or her own recognizance. The bill would require any pretrial investigative report to include the results of an evidence-based pretrial risk assessment, as defined, evaluating the defendant's probability of appearing at trial and potential risk to public safety. The bill would prohibit, for purposes of preparing the report, a defendant from being interviewed about the facts and circumstances of the defendant's current offense, and would limit the use and availability of the information in the report. The bill would authorize a court, sheriff, county probation department, or other local governmental agency, with the concurrence of the board of supervisors, to employ supervision staff to monitor a defendant's compliance with release conditions ordered by the court, as specified. (4) Existing constitutional provisions require that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by that limitation and the need for protecting that interest. This bill would make legislative findings and declarations relating to, among other things, the necessity of treating pretrial investigation reports as confidential in order for pretrial programs to function properly.
Existing law requires each party demanding a jury trial to deposit advance jury fees in the amount of $150 with the clerk or judge. Existing law requires the court to transmit the advance jury fees to the State Treasury for deposit in the Trial Court Trust Fund within 45 calendar days after the end of the month in which the advance jury fees are deposited with the court. This bill would instead require that at least one party demanding a jury on each side of a civil case pay a nonrefundable fee of $150, unless the fee has been paid by another party on the same side of the case. The bill would make that fee due on or before the date scheduled for the initial case management conference in the action, except in specified circumstances. The bill would make related and conforming changes to those provisions. Existing law authorizes the juvenile court to retain jurisdiction over a ward of the court, until the ward attains 21 years of age, except in certain circumstances. Existing law further authorizes the court to retain jurisdiction over a ward who has committed specified serious offenses or other offenses requiring registration as a sex offender, until age 25, if committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a state hospital or mental health facility. Existing law also requires, on and after July 1, 2012, every person committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, by reason of committing specified offenses, to be discharged after a 2-year period of control, or when that person reaches 23 years of age, whichever occurs later, except as specified. This bill would remove specified offenses requiring registration as a sex offender from those provisions that allow the court, in certain circumstances, to retain jurisdiction over a ward until that person attains either 25 years of age or 23 years of age. The bill would state that these changes apply retroactively. Existing law authorizes the Department of Corrections and Rehabilitation to develop and implement a system of graduated sanctions for wards that distinguishes between minor, intermediate, and serious misconduct. Existing law further requires the department to promulgate regulations to implement a table of sanctions to be used in determining discharge consideration date extensions. Existing law also authorizes the department to extend a ward's discharge consideration date, subject to appeal, to not more than 12 months, for a sustained serious misconduct violation if all other sanctioning options have been considered and determined to be unsuitable in light of the previous case history and circumstances of the misconduct. This bill would delete the above provision requiring the department to promulgate regulations to implement a table of sanctions, in certain circumstances. The bill would also revise the above provision regarding a ward's discharge to instead prohibit the department from extending a ward's discharge consideration date for incidents occurring after September 1, 2012. The bill would appropriate $1,000 from the General Fund to the Department of Corrections and Rehabilitation for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. This bill would require the Director of Forestry and Fire Protection, if the director determines a preharvest inspection is necessary to review a timber harvesting plan, to coordinate with a specified interdisciplinary team to ensure that all necessary members of the team that request participation are present for the inspection. The bill would require a review team member who requests participation to make a good faith effort to participate in the scheduled preharvest inspection. The bill would authorize the director, if there are compelling reasons why a member of the review team cannot attend the initial inspection, and the director articulates those reasons, in writing, to the person who submitted the plan, to schedule an additional onsite visit to complete the initial inspection. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Read. Adopted. (Ayes 78. Noes 0. Page 6074.).
Read. Amended. Adopted. (Page 6049.).
The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit against those taxes for taxable years beginning on or after January 1, 2011, in an amount equal to a specified percentage of the qualified expenditures, as defined, attributable to the production of a qualified motion picture in California, or, if the qualified motion picture has relocated to California or is an independent film, as provided. Existing law allows specified qualified taxpayers to elect to assign the credit, requires specified information from qualified taxpayers that apply for a tax credit allocation, and imposes specified duties on the California Film Commission related to the administration of the credits, including a requirement to allocate the tax credits until July 1, 2015, and limits the aggregate amount of credits that may be allocated to qualified motion pictures in any fiscal year to $100,000,000, through the 2014–15 fiscal year. Existing law additionally allows, in lieu of the credits under the Personal Income Tax Law and the Corporation Tax Law for qualified motion pictures, a credit against qualified state sales and use taxes, as provided. This bill, under the Personal Income Tax Law and the Corporation Tax Law, would impose additional duties on the California Film Commission related to the administration of the credits and would extend the requirement to allocate the tax credits 2 additional years, until July 1, 2017. This bill would also extend the limit on the aggregate amount of credits that may be allocated through the 2016–17 fiscal year. This bill would also require assigning qualified taxpayers to provide the Franchise Tax Board with specified information, would revise the information included in an application for a tax credit allocation, and require the Legislative Analyst's Office to prepare reports related to the effectiveness and administration of the qualified motion picture credit under the Sales and Use Tax Law, the Personal Income Tax Law, and the Corporation Tax Law. This bill would require the California Film Commission to annually post on its Internet Web site and make available for public release specified information, including a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the commission. The bill would authorize various state agencies to disclose specified taxpayer information for purposes of the Legislative Analyst's Office report, and would impose specified criminal penalties on the disclosure of that information. By expanding the crime of knowingly and wrongfully accessing, using, or disclosing specified information, 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. This bill would take effect immediately as a tax levy.
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer, and to contain other specified information in specified formatting. The act requires that each candidate and each ballot measure that has paid to appear in the slate mailer be designated by an asterisk. This bill would instead require that a candidate or ballot measure appearing in the slate mailer be designated by an asterisk if the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer has received payment to include the candidate or ballot measure in the slate mailer. The bill would also recast the language of the prescribed notice to voters that must be included on a slate mailer. The act also regulates advertisements, which are defined as any general or public advertisement that is authorized and paid for by a person or committee for the purpose supporting or opposing a candidate for elective office or a ballot measure or ballot measures. The act places certain disclosure requirements on advertisements for or against any ballot measure, including that the advertisement disclose any person who has made cumulative contributions of $50,000 or more, as prescribed. The act places more specific disclosure requirements on broadcast or mass mailing advertisements that are paid for by independent expenditures that support or oppose a candidate or ballot measure. This bill would repeal provisions relating to disclosures for advertisements paid for by an independent expenditure and required disclosures of persons who have made cumulative contributions of $50,000 or more. This bill would, instead, impose specified disclosure requirements on radio, television, and video advertisements, and certain mass mailing and print advertisements that support or oppose a candidate or ballot measure or solicit contributions in support of those purposes. The bill would require radio, television, and video advertisements that are authorized by a candidate or agent of the candidate to include a statement in which the candidate identifies himself or herself and states that he or she approves the message, as specified. The bill would require radio, television, video, and certain mass mailings and print advertisements that are not authorized by a candidate or an agent of the candidate to disclose, in a prescribed format, the 3 largest identifiable contributors, as defined, of the committee that paid for the advertisement. The bill would require mass mailings or print advertisements that are paid for by certain persons who are not committees to disclose the name of that person as the funder of the mass mailing or print advertisement. The bill would also require that certain committees establish and maintain a committee disclosure Internet Web site, as defined, which discloses the top 10 identifiable contributors and provides a link to either the Internet Web site maintained by the Secretary of State for campaign finance disclosures of the committee, or a page on the committee disclosure Internet Web site that discloses all identifiable contributors to that committee, as specified. The bill would require these advertisements to identify the address for the committee disclosure Internet Web site. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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. The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters. This measure would call a special statewide election to be consolidated with the statewide general election scheduled for November 4, 2014. It would provide for the submission to the voters of the provisions of this bill amending the Political Reform Act of 1974, as summarized above, at that election. This bill would declare that it is to take effect immediately as an act calling an election.
