The Z'berg-Nejedly Forest Practices Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities including the cutting or removal of trees in compliance with existing law relating to defensible space that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of no more than 150 feet on each side from an approved and legally permitted structure, as provided. This bill would, until no later than January 1, 2019, also authorize the board to exempt from some or all of those provisions of the act a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person's property in compliance with existing law relating to defensible space that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of no more than 300 feet on each side from an approved and legally permitted habitable structure, as provided. The bill would require the board to adopt regulations to implement the above provisions no later than January 1, 2016. The bill would require the department to evaluate the effects of these provisions and to report its recommendations, no later than January 1, 2019, to the Legislature based on that evaluation.
Sponsored bills
Existing law requires community school and independent study average daily attendance to be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported or pupils who are residents of a county immediately adjacent to the county in which the apportionment claim is reported. This bill, until January 1, 2018, would authorize a virtual or online charter school, as defined, to also claim independent study average daily attendance for a pupil who is enrolled in the school and moves to a residence located outside of the geographic boundaries of the virtual or online charter school, for the duration of the virtual or online charter school course or courses in which the pupil is enrolled or until the end of the school year, whichever occurs first. The bill would require the State Department of Education to report to the appropriate policy committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst's Office on or before December 31, 2016, on the department's assessment of the need for a virtual or online charter school to claim the independent study average daily attendance of pupils enrolled in a virtual or online charter school that have moved outside of the geographic boundaries in which the virtual or online charter school is authorized for the duration of the courses in which the pupils are enrolled.
Existing law authorizes the Department of General Services to carry out various powers and duties relating to assisting a state agency in the management and development of intellectual property developed by state employees or with state funding, including, among other duties, developing a database of state-owned intellectual property using specified data. Existing law authorizes state agencies and departments to, upon request, share records and information related to intellectual property generated by state employees or with state funding with the department. Existing law also imposes certain restrictions on employees and former employees of the department with respect to divulging certain information provided by state agencies and departments regarding intellectual property. Existing law requires the State Department of Public Health to issue research grants for various purposes, including cancer research, vaccines, and spinal cord injuries. This bill would enact, until January 1, 2020, the California Taxpayer Access to Publicly Funded Research Act. The bill would establish publication requirements for a grantee receiving funding, in whole or in part, in the form of a research grant from the State Department of Public Health. The bill would require the department to include specified terms and conditions in a research grant that are required to be adhered to as a condition of the grantee receiving the research grant. The bill would require the grantee to provide for public access to any publication of a department-funded invention or department-funded technology, as specified, including ensuring that electronic version of the peer-reviewed manuscript is available to the department on an appropriate publicly accessible database approved by the department, to be made publicly available not later than 12 months after the official date of publication. The bill would provide that this act does not apply to a grantee that receives funding from the department if there is an existing publication requirement that meets or exceeds the requirements of this bill and that the provisions do not apply to research grants issued prior to January 1, 2015.
Existing law makes it a crime to engage in specified forms of disorderly conduct, including soliciting or agreeing to engage in, or engaging in, any act of prostitution and makes that crime a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. This bill would make that crime punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $2,000, or by both that fine and imprisonment, if the person who was solicited by, or who agreed to engage in or engaged in any act of prostitution with, the person who committed that crime was a minor at the time of the offense. By increasing the penalty for an existing crime, 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 no reimbursement is required by this act for a specified reason.
Existing law provides that a person who solicits or agrees to engage in or engages in any act of prostitution is guilty of disorderly conduct, a misdemeanor, punishable by imprisonment in a county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. Disorderly conduct includes, but is not limited to, soliciting or agreeing to engage in or engaging in any act of prostitution, and agreeing to engage in an act of prostitution when, with specific intent to so engage, the person manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. This bill would provide that if that crime is committed and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than 2 days, except as specified, and not more than one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment. Existing law authorizes the court to order a person convicted of violating certain prohibitions against the prostitution of a minor to pay an additional fine not to exceed $20,000. This bill would require that the additional fine not exceed $25,000.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law provides for the issuance of reciprocal licenses in certain fields where the applicant, among other requirements, has a license to practice within that field in another jurisdiction, as specified. Existing law requires that the licensing fees imposed by certain boards within the department be deposited in funds that are continuously appropriated. Existing law requires a board within the department to expedite the licensure process for an applicant who holds a current license in another jurisdiction in the same profession or vocation and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. This bill would, in addition to the expedited licensure provisions described above, establish a temporary licensure process for specified licensed professions for an applicant who holds a current, active, and unrestricted license in another jurisdiction, as specified, and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. The bill would require a temporary license issued pursuant to these provisions to expire 12 months after issuance, upon issuance of an expedited license, or upon denial of the application for expedited licensure by the board, whichever occurs first. This bill would also require an applicant seeking a temporary license as a civil engineer, geotechnical engineer, structural engineer, land surveyor, professional geologist, professional geophysicist, certified engineering geologist, or certified hydrogeologist to successfully pass the appropriate California-specific examination or examinations required for licensure in those respective professions by the Board for Professional Engineers, Land Surveyors, and Geologists. Because the bill would authorize the expenditure of continuously appropriated funds for a new purpose, the bill would make an appropriation.
Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and makes a violation of the licensing requirements a crime. Existing law defines a person, for purposes of the act, to include any individual, firm, company, association, organization, partnership, and corporation. Under existing law, a license is not assignable. Existing law, the California Revised Uniform Limited Liability Company Act, governs the formation and operation of limited liability companies. The act authorizes a limited liability company to engage in any lawful business activity, except as specified, but prohibits construing the act to permit a limited liability company to render professional services, as defined. Existing law authorizes a limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company to hold that license, certificate, or registration. This bill, until January 1, 2018, would authorize the bureau to issue a private investigator license to a limited liability company and would make related conforming changes. The bill would require a limited liability company applicant for a private investigator license to provide specified information to the bureau, including the true name and complete residence address of each of the managing members and any other officers or members who will be active in the business. The bill would require a limited liability company, as a condition of licensure, to maintain liability insurance, as specified, for damages arising out of claims based on acts, errors, or omissions arising out of the private investigator services it provides. The bill would require a Certificate of Liability Insurance, as specified, to be submitted to the bureau, and would require the insurer issuing the certificate to report specified information to the bureau related to the policy. The bill would authorize suspension, as provided, of the license of a licensee that fails to maintain sufficient insurance, or fails to provide proof of the required insurance upon request by the bureau, and would render each member of the limited liability company personally liable, up to $1,000,000 each, for damages resulting to 3rd parties in connection with the company's performance during the period of suspension, as specified. By expanding the scope of an existing crime, the bill would create a state-mandated local program. This bill would authorize a licensee to apply to the Chief of the Bureau of Security and Investigative Services to assign a license, as provided, to another business entity, upon receipt of consent by the chief and the payment of a processing fee not to exceed $125. 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 Bagley-Keene Open Meeting Act requires that all meetings of a state body, as defined, be open and public and that all persons be permitted to attend and participate in any meeting of a state body, subject to certain conditions and exceptions. This bill would modify the definition of "state body" to exclude an advisory body with less than 3 individuals, except for certain standing committees. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the Adjutant General of the California Military Department to establish a military academy to be operated as a charter school or existing alternative education option available under the Education Code, to provide a structured, disciplined environment that is conducive to learning and developing academic skills, leadership, self-esteem, and a strong sense of community. Existing law provides that a new California National Guard Youth Program, except for the California Cadet Corps, may be established as provided by this section only if funds are appropriated for purposes of the new program in the annual Budget Act or any other act. This bill would, subject to this condition, authorize the Adjutant General, subject to an appropriation for this purpose, to establish a National Guard Youth ChalleNGe Program which would provide at least a 22-week residential program and a 12-month post-residential mentoring period to improve life skills and employment potential of participants. The program would accept federal funding, and the Military Department would be required to enter into a memorandum of agreement with an appropriate school district or county office of education for the purpose of providing educational services. The school district or county office of education would be responsible for ensuring compliance with any applicable requirements imposed pursuant to the Education Code.
Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the name and address of each person to whom junk is sold or disposed of, and to preserve the written record for at least 2 years after making the final entry of any purchase or sale of junk. Existing law provides that it is a crime for a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of that dealer or collector, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that he or she knows or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so. Existing law, until January 1, 2019, requires the Department of Food and Agriculture to require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application. This bill would require a junk dealer or recycler to request to receive theft alert notifications regarding the theft of commodity metals in the junk dealer's or recycler's geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., unless the institute or its successor requires payment for use of the theft alert system. The bill would require the Department of Food and Agriculture, until January 1, 2019, to require a junk dealer or recycler who is an applicant for a new weighmaster license or a renewal of a weighmaster license to also include a statement on the application indicating that the applicant has requested to receive the theft alert notifications, unless the request requirement does not apply. The bill would also encourage local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to that theft alert system, in order to ensure that persons using the system receive timely and thorough information regarding metal thefts. The bill would prohibit the institute or its successor from selling subscribers' information to 3rd parties. The bill would state findings and declarations by the Legislature regarding the theft alert system.