Asm. Jim Wood

Existing law creates the North Coast Railroad Authority with various powers and duties relating to rail service in the north coast area of the state, and, on March 1, 2022, renamed the authority the Great Redwood Trail Agency, as specified. Existing law requires the agency, to the extent funding is available, to complete a railbanking process on its rail rights-of-way and to plan, design, construct, operate, and maintain a trail in, or parallel to, those rail rights-of-way. Under existing law, the state is not liable for any contracts, debts, or other obligations of the authority or agency. This bill would prohibit the use of state moneys to initiate or operate rail service on those rail rights-of-way north of the City of Willits or for a project that is designed to rehabilitate, modernize, maintain, or repair an existing operation or facility, including a rail terminal, a railyard, a rail facility, and rail infrastructure, except for trail design or construction or to satisfy railbanking requirements, on those rail rights-of-way north of the City of Willits. The bill would prohibit spending state moneys for any new bulk coal terminal project, as defined, within the County of Humboldt. Existing law prohibits a public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, from simultaneously holding 2 public offices that are incompatible, as specified. Under existing law, offices are incompatible under specified circumstances, unless simultaneous holding of the particular offices is compelled or expressly authorized by law. Existing law expressly authorizes a local government officer to be appointed to and serve as a member of the Great Redwood Trail Agency's board of directors, if the officer also meets the other applicable qualifications. This bill would also expressly authorize a member of a state commission to be appointed to and serve as a member of the Great Redwood Trail Agency's board of directors, if the member also meets the other applicable qualifications. The bill would also expressly authorize a member of the agency's board of directors to serve as a local government officer or a member of a state commission. This bill would make legislative findings and declarations as to the necessity of a special statute for those rail rights-of-way north of the City of Willits and the County of Humboldt.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. If certain conditions are met after the 72-hour detention, the act authorizes the certification of the person for a 14-day maximum period of intensive treatment and then a 30-day maximum period of intensive treatment after the 14-day period. Existing law requires a certification review hearing to be held when a person is certified for a 14-day or 30-day intensive treatment detention, except as specified, and requires it to be within 4 days of the date on which the person is certified, but allows for a postponement for 48 hours or until the next regularly scheduled hearing date in specified smaller counties. This bill would, among other things, specify that the 72-hour period of detention begins at the time when the person is first detained. The bill would remove the provisions for postponement of the certification review hearing. The bill, when a person has not been certified for 14-day intensive treatment and remains detained on a 72-hour hold, would require a certification review hearing to be held within 7 days of the date the person was initially detained and would require the person in charge of the facility where the person is detained to notify the detained person of specified rights. Because the bill would expand the population of persons who are entitled to a certification review hearing, it would create 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.

Existing law, the Alcoholic Beverage Control Act, prohibits a beer manufacturer, regardless of the number of beer manufacturer licenses that are held by the beer manufacturer, as specified, from exercising any combination of specified retail privileges that would result in that beer manufacturer exercising retail privileges at more than 6 locations. Existing law prohibits an on-sale retailer that is a beer manufacturer, as specified, from purchasing alcoholic beverages for sale in this state other than from specified persons, but excepts from this prohibition the purchase of any alcoholic beverages manufactured by the beer manufacturer at a single location contiguous or adjacent to the premises of the on-sale retailer. This bill would revise the exception to the prohibition described above that requires the single location to be contiguous or adjacent to the premises of the on-sale retailer to authorize, instead, the purchase of any alcoholic beverages from a licensed beer manufacturer whose premises of production are located no more than 5 miles from the licensed on-sale premises. This bill would incorporate additional changes to Section 25503.28 of the Business and Professions Code proposed by AB 2307 to be operative only if this bill and AB 2307 are enacted and this bill is enacted last.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes the Department of Alcoholic Beverage Control to issue to a beer manufacturer a duplicate of its original license for a location or locations other than its licensed premises of production or manufacture. Existing law authorizes a licensed beer manufacturer to exercise the privileges under its manufacturer's license at branch offices, subject to certain exceptions and qualifications. In this regard, existing law prohibits a beer manufacturer from selling alcoholic beverages to consumers for consumption on or off the licensed premises, or providing authorized tastings to consumers, at more than 6 branch office locations, regardless of how many beer manufacturer licenses the beer manufacturer holds, either alone or under common ownership with any other licensed beer manufacturer. Existing law further prohibits more than 2 of these 6 branch locations from being bona fide public eating places owned and operated by and for the beer manufacturer. This bill would increase the number of authorized branch office locations for purposes of the provisions described above from 6 to 8 and would prohibit more than 4 of these locations from being bona fide public eating places owned and operated by and for the beer manufacturer. The bill would prohibit a beer manufacturer from being eligible to receive a 7th or an 8th duplicate license until it has held a 6th duplicate license for a minimum of one year. Existing law, applicable to a beer manufacturer with an authorized branch office location selling beer and wine to consumers for consumption on the premises of a bona fide public eating place, restricts the types of alcoholic beverages that may be sold. Existing law authorizes the sale, in this context, of beer and wine that is purchased by the beer manufacturer from a licensed wholesaler that is not owned, either alone or under common ownership, by the beer manufacturer. This bill, with regard to the beer and wine sold that is purchased from a wholesaler, as described above, would delete the requirement that the wholesaler not be owned, either alone or under common ownership, by the beer manufacturer. Existing law, known as tied-house restrictions, generally prohibits specified licensees, or the officers, directors, or agents of those licensees, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. Existing law prohibits beer manufacturers, as specified, regardless of how many beer manufacturer licenses they hold, from exercising retail privileges that would result in the exercise of those privileges at more than 6 locations, as specified. This bill would increase the number of locations to 8 at which beer manufacturers may exercise retail privileges, provided that no more than 6 of the locations may be on-sale licenses. This bill would incorporate additional changes to Section 25503.28 of the Business and Professions Code proposed by AB 2301 to be operative only if this bill and AB 2301 are enacted and this bill is enacted last.

(1) The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Until January 1, 2028, this bill would provide an exclusion from gross income for any qualified taxpayer, as defined, for amounts received for costs and losses associated with one or more specified fires from a settlement, as provided. (2) 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. This bill would authorize the refund of overpayments of tax as a result of the above-described exclusion, in prior tax years, payable out of the Tax Relief and Refund Account. By authorizing new payments from a continuously appropriated fund, this bill would make an appropriation. (3) Existing law requires that any bill introduced on or after January 1, 2020, that would authorize certain tax expenditures, as defined, or tax exemptions contain, among other things, specific goals, purposes, and objectives that the tax expenditure or exemption will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. (4) This bill would apply its provisions to taxable years beginning before, on, and after the effective date of this bill. The bill would make legislative findings and declarations regarding the public purpose served by this bill. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law requires an injured employee to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period. For certain injuries or illnesses, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, this bill would reduce those time periods to 75 days. The bill would make other conforming changes. Existing law prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury, except if an employee suffers from certain injuries or conditions. This bill would, for specified firefighters and peace officers claiming illness or injury related to cancer, increase the number of compensable weeks to 240 without limitation as to time from the date of injury. Existing law requires that certain proceedings, including proceedings for the enforcement against the employer or an insurer of any liability for compensation, be instituted before the Workers' Compensation Appeals Board. Existing law authorizes the appeals board to fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less. Existing law requires the appeals board to use its discretion to accomplish a fair balance and substantial justice between the parties. This bill would require, if liability for an injury has been unreasonably rejected for specified claims of injury or illness, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, the amount of the penalty to be 5 times the amount of the benefits unreasonably delayed due to the rejection of liability. The bill would limit the penalty to no more than $50,000. The bill would require the appeals board to determine the question of whether the rejection of liability is reasonable. The bill would apply this provision to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill. Existing law requires the Administrative Director of the Division of Workers' Compensation, among other duties, to develop a workers' compensation information system in consultation with the Insurance Commissioner and the Workers' Compensation Insurance Rating Bureau, with certain data to be collected electronically. This bill would require the division, upon an appropriation by the Legislature, to identify and amend its existing data collection processes to include collection of the date on which a claimant is notified of acceptance, denial, or conditional denial of liability.