(1) Existing law makes it a misdemeanor to make a false report to a peace officer, or to a person who is employed by a law enforcement agency, as specified, that a felony or misdemeanor has been committed, knowing the report to be false. This bill would make that prohibition applicable to a person who reports to certain individuals and peace officers that a firearm has been lost or stolen, knowing the report to be false. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The bill would also make it a misdemeanor for a person convicted of violating this provision to own a firearm within 10 years of the conviction. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) This bill would incorporate additional changes to Section 29805 of the Penal Code, proposed by AB 1176, that would become operative only if AB 1176 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. (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 no reimbursement is required by this act for a specified reason.
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Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property. Existing law defines "official traffic control device" as any sign, signal, marking, or device placed by authority of a public body having jurisdiction, for the purpose of regulating, warning, or guiding traffic, with certain exceptions. Existing law requires the Department of Transportation, after consultation with local agencies and public hearings, to adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to the Vehicle Code. Existing law authorizes a local agency to adopt rules and regulations by ordinance or resolution to regulate traffic by means of official traffic control devices, but generally limited to a highway that is under the exclusive jurisdiction of the local agency, unless the Department of Transportation gives written approval to the application of the ordinance or resolution to a state highway. This bill would, until January 1, 2022, establish a pilot project in Kern County that would require the Department of Transportation to obtain the approval of the Kern Council of Governments prior to installing an official traffic control device or a roundabout on a state highway within Kern County, as specified. The requirements of the bill would not apply to freeways. By requiring local agencies to approve proposed actions of the Department of Transportation, 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 these statutory provisions.
Existing law provides that the Department of Transportation has full possession and control of state highways and associated property. Existing law governs the disposal of excess property not needed for highway purposes upon terms, standards, and conditions established by the California Transportation Commission. This bill, notwithstanding any other provision of law, for purposes of adding certain rental housing units to a proposed residential development project adjacent to a maintenance facility of the department, if a portion of the department's property is immediately contiguous to the development project and is not independently developable, would encourage the department to find that portion of the property to be excess and to sell that portion of the property at fair market value to the owner of the contiguous property, at the owner's request, under certain conditions. The bill would require the determination of fair market value to be determined by an appraiser jointly agreed upon by the department and the contiguous property owner, based on the property's highest and best use. The bill would specify the obligations of the purchaser of the property with respect to the type and amount of residential rental units to be constructed on the acquired property and consistency of the construction with the general plan of the jurisdiction in which the property is located. The bill would require the purchaser of the property to agree to pay for the reconstruction of any existing buildings located on the property being acquired from the department, with the cost of construction to be deducted from the fair market value of the property being acquired. The bill would require the commission to certify compliance with all of the conditions imposed by the bill before the sale of property is finalized. The bill would require the department and the commission to complete any transaction authorized by the bill by January 1, 2020.
The Passenger Charter-Party Carriers' Act generally requires charges for transportation offered or afforded by a charter-party carrier of passengers to be computed and assessed on a vehicle mileage or time-of-use basis, rather than on an individual-fare basis, subject to certain exemptions. This bill would also exempt from these provisions a service operated by a transportation network company or a charter-party carrier of passengers that prearranges a ride among multiple passengers who share the ride in whole or in part, provided that the vehicle seats no more than 7 passengers, not including the driver, is operated by a participating driver, as defined, is not used to provide public transit services or carry passengers over a fixed route, is not used to provide pupil transportation services or public paratransit services, and the fare for each passenger is less than the fare that would be charged to a passenger traveling alone.
Existing law establishes and funds various research centers and programs in conjunction with the University of California. This bill would enact the California Firearm Violence Research Act. The bill would declare the intent of the Legislature that the Regents of the University of California establish the California Firearm Violence Research Center to research firearm-related violence. The bill would declare legislative intent regarding the principles by which the university would administer the center and award research funds, as prescribed. The bill would require the university to report, on or before December 31, 2017, and every 5 years thereafter, specified information regarding the activities of the center and information pertaining to research grants. The bill would require the center and the grant recipients to provide copies of their research publications to the Legislature and specified agencies. The bill would specify that its provisions would apply to the university only to the extent that the regents, by resolution, make any of the provisions of the bill applicable to the university.
Existing law prohibits a person from discriminating against a member of the military forces because of his or her membership or service, as prescribed. Existing law makes a violation of those provisions a crime. Existing law also provides civil remedies for violations of those provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of employment, including the right to file and pursue a civil action or complaint, as specified. The bill would prohibit a person from retaliating against a person who refuses to waive his or her rights under those provisions, as prescribed. The bill would require any waiver of the protections afforded under those provisions to be knowing and voluntary, in writing, and expressly not made as a condition of employment, as specified. The bill would require a person seeking to enforce that waiver to have the burden of proving that the waiver was knowing and voluntary and not made as a condition of employment. The bill would apply its provisions to any waiver agreement entered into on or after January 1, 2017, including an agreement that requires private arbitration. A violation of these provisions would not constitute a crime. The bill would include a severability clause.