Existing law, 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 and authorizes persons to conduct specified commercial cannabis activities, as defined, in the state. The Personal Income Tax Law and the Corporation Tax Law allow various deductions in computing the income that is subject to the taxes imposed by those laws. The Personal Income Tax Law conforms as of a specified date to federal income tax laws with respect to itemized deductions, including business deductions and items not deductible, except as specifically provided. The Corporation Tax Law does not conform to those federal income tax provisions, but specifically provides for deductions for purposes of that law. Existing federal income tax laws disallow a deduction or credit for business expenses of a trade or business whose activities consist of trafficking specified controlled substances, including marijuana. The Personal Income Tax Law conforms to those federal income tax law provisions with respect to deductions. This bill, for each taxable year beginning on or after January 1, 2020, and before January 1, 2025, would specifically provide in the Personal Income Tax Law for nonconformity to that federal law disallowing a deduction or credit for business expenses of a trade or business whose activities consist of trafficking specified controlled substances only for commercial cannabis activity, as defined under MAUCRSA, by a licensee under MAUCRSA, thus allowing deduction of business expenses paid or incurred during the taxable year in carrying on that commercial cannabis activity under the Personal Income Tax Law. This bill would take effect immediately as a tax levy.
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Existing law prohibits specified conduct inside public buildings owned and occupied, or leased and occupied, by the state. Existing law provides that a judicial officer has the power to preserve and enforce order in judicial proceedings and to compel obedience to judicial orders, as specified. This bill would clarify the power of judicial officers to prohibit activities that threaten access to courthouses, including by protecting the privilege from arrest at a courthouse. The bill would provide that no person shall be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse.
Existing law requires the State Department of Public Health to license and regulate health care facilities, including hospitals. Existing law establishes the Office of Statewide Health Planning and Development, which is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Department of Public Health relating to health planning and research development. This bill would require a licensed hospital with operating expenses of $50,000,000 or more, and a licensed hospital with operating expenses of $25,000,000 or more that is part of a hospital system, to annually submit a report to the office on its minority, women, LGBT, and disabled veteran business enterprise procurement efforts, as specified. The bill would require the reports to be submitted by July 1, 2021, and then updated annually thereafter. The bill would impose specified civil penalties for a failure to submit a report. The bill would require the office to maintain a link on the office's internet website that provides public access to the content of those reports, as specified. The bill would require the office to convene a hospital diversity commission comprised of a member of the public and health care, diversity, and procurement stakeholders who are appointed by the Director of Statewide Health Planning and Development for specified terms of office. The bill would require the commission, on or before July 1, 2020, to hold an initial meeting with all commissioners. The bill would require the commission, among other things, to promote and provide outreach to hospitals that are actively engaged in supplier diversity issues. The bill would prohibit the commissioners from receiving compensation for their services, but authorize the office to reimburse them for their actual and necessary expenses incurred in connection with attending a meeting of the commission. The bill would require the office to review and revise, if necessary, the office's conflicts of interest regulations to ensure that each commissioner is required to disclose conflicts of interest to the public.
Existing law requires the Department of Justice to maintain a statewide telecommunications system for use by law enforcement agencies. Existing law also requires the Attorney General, upon the advice of an advisory committee, to adopt policies, practices and procedures, and conditions of qualification for connection to the system. Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. This bill would, commencing January 1, 2020, consistent with the California Values Act, prohibit subscribers to the system from using information other than criminal history information transmitted through the system for immigration enforcement purposes, as defined. The bill would also prohibit subscribers to the system from using the system for purposes of investigating violations of a specified federal law if a violation of that federal law is the only criminal history in an individual's record. The bill would, commencing July 1, 2021, with exceptions, require any inquiry submitted through the statewide telecommunications system for information other than criminal history information to include a reason for the inquiry. The bill would also, commencing July 1, 2021, authorize the Attorney General, and personnel they so authorize, to conduct investigations, as provided, as the Attorney General deems appropriate to monitor compliance with these provisions.
Existing federal law, the Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. Existing state law creates the California Health Benefit Exchange (Exchange) , also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. PPACA generally requires individuals, and any dependents of the individual, to maintain minimum essential coverage, as defined, and, if an individual fails to maintain minimum essential coverage, PPACA imposes on the individual taxpayer a penalty. This provision is referred to as the individual mandate. Existing state law creates the Minimum Essential Coverage Individual Mandate to ensure an individual and the individual's spouse and dependents maintain minimum essential coverage, and imposes the Individual Shared Responsibility Penalty for the failure to maintain minimum essential coverage. This bill, on or before March 1, 2022, and annually on or before March 1 thereafter, would require the Franchise Tax Board to report to the Legislature on specified information regarding the Minimum Essential Coverage Individual Mandate, the Individual Shared Responsibility Penalty, and state financial subsidies paid for health care coverage.
(1) Existing law generally requires the State Department of Public Health to license, regulate, and inspect health and care facilities. Existing law specifically requires the department to adopt regulations that require a general acute care hospital, an acute psychiatric hospital, and a special hospital to meet minimum nurse-to-patient ratios and assign additional staff according to a documented patient classification system for determining nursing care requirements. Existing law also generally requires the department to periodically inspect every health facility for which a license or special permit has been issued for compliance with state laws and regulations, and to ensure that those periodic inspections are not announced in advance of inspection. This bill would require the periodic inspections of these specified health facilities to include reviews of compliance with the nurse-to-patient ratios and staff assignment regulations described above. The bill would require the department to conduct these inspections in a manner that is not announced in advance of the date of inspection. (2) Existing law requires the department to promulgate regulations establishing criteria to assess an administrative penalty against a general acute care hospital, acute psychiatric hospital, or special hospital for a deficiency constituting an immediate jeopardy violation and a violation of the rules and regulations applicable to these types of hospitals that do not constitute an immediate jeopardy. Existing law requires certain penalties collected by the department to be deposited into the Internal Departmental Quality Improvement Account, to be expended, upon appropriation by the Legislature, for internal quality improvement activities in the Licensing and Certification Program. This bill would require the department to assess specified administrative penalties for a violation of the nurse-to-patient ratios and staff assignment regulations described above. The bill would exempt from those administrative penalties a general acute care hospital that demonstrates to the satisfaction of the department that, among other things, prompt efforts were made to maintain required staffing levels, as specified.
(1) Existing law, subject to exceptions, generally requires the loan of a firearm to be conducted by a firearms dealer. This bill would authorize the temporary transfer of a firearm without a firearms dealer's participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide, as specified. The bill would also authorize the loan of a firearm without a firearms dealer's participation under other specified circumstances and if certain conditions are met, as specified. (2) Under existing law a person commits the crime of criminal storage of a firearm if the person keeps a loaded firearm within a premises with knowledge that a child is likely to gain access to the firearm. This bill would make the crime of criminal storage applicable to the storage of an unloaded firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program. (3) Existing law makes it a crime to keep a handgun within a premises with knowledge that a child or person prohibited from possessing a firearm is likely to gain access if the child or prohibited person obtains access to the handgun and carries it off premises. This bill would make this crime applicable to any firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program. (4) Existing law makes it a crime for an owner or legal occupant of a residence to store a firearm in that residence if the person knows another person residing in that residence is prohibited from possessing a firearm unless the firearm is secured, as specified. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. The bill would also correct an erroneous cross-reference. By creating a new crime, this bill would impose a state-mandated local program. (5) Existing law provides for the licensure and regulation of community care facilities for adults, residential care facilities for persons with chronic life-threatening illness, and residential care facilities for the elderly by the State Department of Social Services. Violations of the licensing requirements for these different types of care facilities are crimes. This bill would require the department to promulgate regulations prescribing the procedures for a firearm and ammunition to be centrally stored in a locked gun safe within any of those facilities if the facility permits licensees, residents, or clients to possess firearms on its premises. Because a violation of these requirements by a facility would be a crime, the bill would impose a state-mandated local program. The bill would additionally make other conforming changes to regulatory provisions for specified community care facilities for adults. (6) This bill would incorporate additional changes to Section 31700 of the Penal Code proposed by AB 1292 to be operative only if this bill and AB 1292 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Section 26835 of the Penal Code proposed by AB 645 and SB 61 to be operative only if this bill, AB 645, and SB 61 are enacted and this bill is enacted last. (7) 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.
(1) The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, 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 administrative law prohibits a retailer licensee from providing free cannabis goods to any person or allowing individuals who are not employed by the retailer to provide free cannabis goods to any person on the licensed premises. Existing administrative law provides an exception to this prohibition for specified medicinal retailer and microbusiness licensees to provide access to medicinal cannabis patients who have difficulty accessing medicinal cannabis goods, as specified. This bill, the Dennis Peron and Brownie Mary Act, would similarly authorize, on and after a specified date, licensees that are authorized to make retail sales to provide free cannabis or cannabis products to a medicinal cannabis patient or the patient's primary caregiver if specified requirements are met, including that the cannabis or cannabis products otherwise meet specified requirements of MAUCRSA. The bill would authorize those licensees to contract with an individual or organization to coordinate the provision of free medicinal cannabis and medicinal cannabis products on the retailer's premises. (2) Existing law deems information contained in a physician's recommendation to use cannabis for medical purposes to be "medical information" within the meaning of the Confidentiality of Medical Information Act, and prohibits a licensee from disclosing this information except, among other exceptions, as necessary for the state or any city, county, or city and county to perform certain official duties. Existing law, the Medical Marijuana Program (MMP) , requires counties to administer an identification card program for qualified patients that possess or cultivate cannabis for personal medical purposes. Existing law deems identification cards issued to those qualified patients to be "medical information" within the meaning of the Confidentiality of Medical Information Act, and likewise prohibits a licensee from disclosing these identification cards, subject to the same exceptions. This bill would additionally except from these prohibitions against disclosure the disclosure of the medical information described above as necessary for the state or any city, county, or city and county to perform official duties pursuant to the Sales and Use Tax Law and pursuant to provisions relating to cannabis taxes. (3) Existing sales and use tax laws impose use taxes 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, presumes tangible personal property purchased outside the state that is stored, used, or consumed in this state is purchased for use in this state, and provides various exemptions from those taxes. This bill, on and after a specified operative date, and until 5 years after that operative date, would exempt from the use tax the storage, use, or other consumption in this state of medicinal cannabis or medicinal cannabis products that are donated, for no consideration, under specified circumstances. The bill would require the exemption to apply only if the cannabis retailer certifies in writing, as specified, that the medicinal cannabis or medicinal cannabis product will be used as specified. The bill would make a licensee that uses the donated medicinal cannabis or medicinal cannabis product in some other manner, or for some other purpose, liable for the payment of use tax and subject to having their license suspended. 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 existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. (4) AUMA imposes an excise tax on the purchase of cannabis and cannabis products, as defined, at the rate of 15% of the average market price of any retail sale by a cannabis retailer. The bill would require that these provisions not be construed to impose an excise tax upon medicinal cannabis, or medicinal cannabis products, donated for no consideration to a medicinal cannabis patient, as specified. (5) AUMA imposes a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. Existing law defines entering the commercial market to mean cannabis or cannabis products, except for immature cannabis plants and seeds, that complete and comply with specified quality assurance review and testing. This bill, on and after a specified operative date, and until 5 years after that operative date, would prohibit the cultivation tax from being imposed on medicinal cannabis designated for donation by a cultivator in the track and trace system. The bill would require a licensee that certifies in writing that the medicinal cannabis or a medicinal cannabis product will be donated to a medicinal cannabis patient and sells or uses the medicinal cannabis or medicinal cannabis product in some manner or for some purpose other than donation be liable for the cultivation tax. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the certification in writing relieves the cultivator that donates the medicinal cannabis from liability for the cultivation tax and the distributor from liability for collecting the cultivation only if the certification is taken in good faith. The bill would prohibit a distributor from collecting or remitting the cultivation tax for medicinal cannabis or medicinal cannabis products designated for donation by the cultivator. The bill would require a cultivator to keep records of any medicinal cannabis or medicinal cannabis products designated for donation. The bill would require that the cannabis tax provisions not be construed to impose a cultivation tax upon medicinal cannabis or medicinal cannabis products designated for donation by a cultivator. (6) The bill would require the Legislative Analyst's Office, in order to enable the Legislature to determine whether the use tax exemption and the cultivation tax exemption provided by the bill are meeting, failing to meet, or exceeding a specified goal and objective, to collect certain data regarding the tax exemptions from specified entities, and to submit a report containing the data to the Legislature and the Governor annually each year that the tax exemptions are in effect. (7) This bill would provide that the provisions of the act are severable. (8) This bill would incorporate additional changes to Section 26001 of the Business and Professions Code proposed by SB 185 to be operative only if this bill and SB 185 are enacted and this bill is enacted last. (9) 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. (10) The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. This bill, on or after January 1, 2020, would prohibit the department from entering into or renewing a contract with a private, for-profit prison to incarcerate state prison inmates, but would not prohibit the department from renewing or extending a contract to house state prison inmates in order to comply with any court-ordered population cap. The bill would also prohibit, after January 1, 2028, a state prison inmate or other person under the jurisdiction of the department from being incarcerated in a private, for-profit prison facility. This bill would also prohibit, with exceptions, the operation of a private detention facility, as defined, within the state.
(1) Under existing law, the State Lands Commission has jurisdiction over certain public lands in the state, including tidelands and submerged lands. Existing law authorizes the commission to enter into an exchange, with any person or any private or public entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that specified conditions are met, as prescribed. This bill would enact the Oakland Waterfront Sports and Mixed-Use Project, Waterfront Access, Environmental Justice, and Revitalization Act and would authorize the State Lands Commission and the San Francisco Bay Conservation and Development Commission to take certain actions related to the development of the Howard Terminal property located in the City of Oakland for the Oakland Sports and Mixed-Used Project, as defined. The bill would require the San Francisco Bay Conservation and Development Commission and the Metropolitan Transportation Commission to take certain actions related to the San Francisco Bay Seaport Plan and San Francisco Bay Plan. By imposing additional duties on the Metropolitan Transportation Commission, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute governing public trust lands at the Howard Terminal property in the City of Oakland. (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 the statutory provisions noted above.