This measure would recognize February 2010 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.
Existing law, pursuant to Article XIXB of the California Constitution, requires a specified portion of the sales tax on gasoline to be transferred from the General Fund to the Transportation Investment Fund for allocation to the state transportation improvement program, city and county streets and roads, and the Public Transportation Account. In order for a city or a county to receive a streets and roads allocation from the Transportation Investment Fund, it is required to annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund for those purposes during the 1996–97, 1997–98, and 1998–99 fiscal years. Existing law provides that if a city or county fails to comply with this maintenance of effort requirement in a particular fiscal year, it may alternatively comply by expending in that year and the following fiscal year a combined total amount that is not less than the amount otherwise required to be expended in the 2 fiscal years. This bill would, notwithstanding those provisions, provide that the County of Fresno would have until June 30, 2015, to meet the maintenance of effort requirement applicable to counties in order to receive a streets and roads allocation from the Transportation Investment Fund for the 2009–10 fiscal year. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Fresno. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law provides for the out-of-home placement of children who are unable to remain in the custody and care of their parent or parents, and provides for a range of child welfare, foster care, and adoption assistance services for which these children may be eligible. Existing federal law, the Fostering Connections to Success and Increasing Adoptions Act of 2008, revises and expands federal programs and funding for certain foster and adopted children. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including facilities that provide care for foster children, by the State Department of Social Services. A violation of these provisions is a misdemeanor. Existing law authorizes the placement of children with varying designations and varying needs in the same facility under specified circumstances. This bill would extend these provisions to also include nonminor dependents commencing January 1, 2012. The bill would define the term "nonminor dependent" and related terms for purposes of the bill. This bill, commencing no later than July 1, 2012, would require the department, in consultation with specified government and other entities, to revise regulations regarding health and safety standards for licensing foster family homes and community care facilities in which nonminor dependents of the juvenile court are placed under the responsibility of the county welfare or probation department or an Indian tribe that has entered into a specified agreement with the department. Under existing law, the California Community Care Facilities Act does not apply to designated categories of facilities, including, among others, the home of a relative caregiver or nonrelative extended family member of a child placed by a juvenile court, as specified. This bill would include, on and after January 1, 2012, a supervised independent living setting, and a THP-Plus-Foster Care placement, as established by the bill, for a nonminor dependent placed by the juvenile court on the list of facilities to which the act does not apply. The bill would require the department to convene a workgroup to establish a new rate structure for THP-Plus-Foster Care placements, and would require counties to submit to the department a plan setting forth how the county would provide for the THP-Plus-Foster Care program, as specified. By requiring counties to perform additional duties with respect to implementation of the THP-Plus-Foster Care program, this bill would impose a state-mandated local program. (2) Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances. This bill would expand the jurisdiction of the juvenile court, effective January 1, 2012, to include a child who had been previously removed from the custody of his or her parent and placed in foster care, who was also declared a delinquent ward of the court, as specified. The bill would authorize a court to modify an existing order with respect to the delinquent ward under these circumstances and assert dependency jurisdiction, as specified. Existing law authorizes a juvenile court to retain jurisdiction over any person who is found to be a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law places certain minors for whom a guardianship has been established within the jurisdiction of the juvenile court. This bill would expand the court's jurisdiction to include, on and after January 1, 2012, a nonminor dependent who is receiving specified kinship guardian assistance payments. This bill would extend the court's jurisdiction to a ward who has been placed into foster care or a dependent who reaches the age of majority before jurisdiction is terminated until the nonminor reaches 21 years of age. The bill, commencing January 1, 2012, would allow a nonminor who left foster care at or after the age of majority to petition the court to have dependency or delinquency jurisdiction resumed, in accordance with a provision of existing law. The bill would authorize a local entity to obtain specified background information regarding a nonminor who may be placed in a foster care setting with minor dependent children under these circumstances. By making various conforming changes in provisions relating to the duties of local agency employees in dependency and delinquency proceedings, this bill would create a state-mandated local program. (3) Existing law authorizes a social worker to place a child whom the court has ordered to be removed from his or her home into one of 7 designated placements, including the home of a noncustodial parent or the approved home of a relative. This bill would add to this list of approved placements, on and after January 1, 2012, a supervised independent living setting, as defined by the bill, for a nonminor dependent between 18 and 21 years of age. (4) Existing law authorizes a change in the placement of a child on an emergency basis due to the sudden unavailability of a foster caregiver. This bill, on and after January 1, 2012, would require, under these emergency circumstances, when a nonminor dependent is placed in the home of a relative or nonrelative, that the home be approved using the health and safety standards established by the department for the placement of nonminor dependents, as required by the bill. The bill would require the department, in consultation with specified stakeholders, to prepare for the implementation of these provisions by publishing all-county letters or similar instructions from the director, pending the adoption of emergency regulations, as specified. (5) Existing law requires the status of dependent children to be periodically reviewed, and requires the court to consider the safety of the child and make certain determinations. This bill similarly would require a status review for every nonminor dependent who is in foster care to be conducted pursuant to specified provisions. This bill, commencing January 1, 2012, would require the court to ensure that the child's transitional independent living case plan includes a plan for the child to meet one or more criteria that would allow the child to remain a nonminor dependent, and to ensure that the child has been informed of his or her right to seek the termination of dependency jurisdiction. This bill, on and after October 1, 2012, would authorize a court to continue jurisdiction over a nonminor dependent with a permanent plan of long-term foster care, and would designate the responsibilities of the court in this regard. (6) Existing law establishes procedures for a hearing to terminate the court's jurisdiction over a dependent child who has reached the age of majority. This bill would delete the existing hearing procedures as of January 1, 2012, and would set forth revised hearing requirements for determining whether to terminate or continue dependency jurisdiction. The bill would require the court to continue dependency jurisdiction for a child participating in certain educational or vocational activities. This bill would impose various duties on county welfare departments in connection with the hearing process, thereby creating a state-mandated local program. This bill would require a court to authorize a trial period of independence from foster care, as defined, when it terminates dependency jurisdiction over a nonminor dependent youth, as authorized by specified federal law. (7) Existing law requires the State Department of Social Services to develop statewide standards for the Independent Living Program for emancipated foster youth, which is established and funded pursuant to federal law to assist these individuals in making the transition to self-sufficiency. Under existing law, the department is required to develop and adopt emergency regulations that counties are required to meet when administering the program, that are achievable within available resources. This bill would require the department to develop and adopt the Independent Living Program regulations on or before July 1, 2012, and would specify that the regulations be achievable within both available program resources and available federal funds for case management and case plan review provided for in the federal act. The bill would require the department, by a specified date, to review and develop modifications to the Independent Living Program to also serve the needs of nonminor dependent youth, as specified. (8) Existing law prohibits benefits under the CalWORKs program from being paid to or on behalf of any child who has attained 18 years of age, unless the child is engaged in specified educational or training activities. This bill, on and after January 1, 2012, also would authorize a nonminor dependent, as defined, to receive CalWORKs aid, as specified. (9) Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, to retain specified cash resources and still remain eligible to receive public social services. This bill would apply this provision, on and after January 1, 2012, to a current or former dependent child or ward of the court between 18 and 21 years of age, who is participating in a transitional independent living case plan pursuant to the federal act. (10) Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. The program is funded by state and county funding and available federal funds. Existing eligibility requirements for the Kin-GAP Program include a requirement that a child has been living with a relative for at least 12 consecutive months. This bill would reduce the above requirement to 6 months, consistent with federal law. To the extent that this would increase duties of counties administering the Kin-GAP program, this bill would impose a state-mandated local program. This bill would revise the Kin-GAP Program, by repealing the existing program and enacting similar provisions, effective on the date that the Director of Social Services executes a declaration, as required by the bill, declaring that increased federal financial participation in the Emergency Contingency Fund for State TANF Programs is no longer available pursuant to the federal American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5) , or subsequent federal legislation that maintains or extends increased federal financial participation to provide state-funded assistance for youth not eligible under the federally funded program and would require the state to exercise its option under specified federal law to establish a kinship guardianship assistance payment program, with components as set forth in the bill, for youth eligible for federal financial participation. This bill would require, as a condition of receiving payments under the revised Kin-GAP Program provisions, that a county welfare agency, probation department, or Indian tribe, as applicable, negotiate and enter into a written, binding kinship guardianship assistance agreement with the relative guardian of an eligible child, as prescribed. The bill also would specify the state's share of cost for the support and care of children eligible for Kin-GAP benefits. The bill would make related conforming changes. This bill, under the revised Kin-GAP Program provisions, also would require a county, at the time of the annual redetermination of state-funded Kin-GAP benefits, to determine whether a child was receiving federal AFDC-FC benefits before receiving Kin-GAP, while a dependent child or ward of the juvenile court. The bill would require the county to reassign these children to the county social worker for information regarding transition to the federal Kin-GAP program. By increasing county responsibilities, this bill would impose a state-mandated local program. (11) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. Under existing law, AFDC-FC benefits are available, with specified exceptions, on behalf of qualified children under 18 years of age. Existing law requires a county to annually redetermine AFDC-FC eligibility, as specified. This bill would require the department to amend its foster care state plan required under specified federal law, to extend AFDC-FC benefits, commencing January 1, 2012, to specified individuals up to 21 years of age, in accordance with a designated provision of federal law. The bill would repeal the existing annual redetermination requirement. This bill would extend AFDC-FC benefits to nonminor dependents, as specified, on and after January 1, 2012, including revising AFDC-FC rate provisions to apply to these individuals. This bill would require an annual review of a child's or nonminor's payment amount, as specified. The bill also would require a county to contribute to the cost of extending aid to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, and to the cost of providing permanent placement services and administering the AFDC–FC program, as specified. The bill would provide that the county's total contribution for these purposes would not exceed the amount of savings realized by the county as a result of the implementation of the federally funded Kin-GAP Program. By expanding eligibility and duties under the county-administered AFDC-FC program, the bill would impose a state-mandated local program. (12) Under existing law, in order to be eligible for AFDC-FC benefits, a child must be placed in one of 8 designated placements. This bill would add to the eligible AFDC-FC placements, with respect to an otherwise eligible youth over 18 years of age, a supervised independent living setting. By increasing county duties in administering the AFDC-FC program, the bill would impose a state-mandated local program. (13) Under existing law, a minor between 16 and 18 years of age who is eligible for AFDC-FC benefits and who meets other specified requirements is eligible for certain transitional housing placement program services in a participating county. This bill, commencing January 1, 2012, would make a nonminor dependent who is eligible for AFDC-FC benefits also eligible for transitional housing benefits. This bill would revise existing provisions relating to the resolution of certain foster care overpayments to apply to Kin-GAP guardian homes and payments on behalf of nonminor dependents residing in supervised independent living settings. (14) Under existing law, a parent or caretaker relative is ineligible to receive CalWORKs aid when he or she has received aid for a cumulative total of 60 months. Existing law excludes from this calculation months when designated conditions exist. This bill, commencing January 1, 2012, would additionally exclude from the above calculation months when a recipient is a nonminor dependent participating in educational or training activities, as prescribed. Moneys from the General Fund are continuously appropriated to pay for a portion of CalWORKs aid grant costs, and for the state's share of AFDC-FC costs. This bill would provide that no appropriation from the General Fund would be made for the purposes of implementing these provisions. By increasing duties of counties administering the AFDC-FC program, this bill also would impose a state-mandated local program. (15) Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and Supplemental Security Income (SSI) benefits for, among others, blind and disabled children. The act authorizes a person or entity to be appointed as a representative payee for a beneficiary who cannot manage or direct the management of his or her money. Existing law also provides for State Supplemental Payments (SSP) in supplementation of SSI benefits. Existing law, the Foster Care Social Security and Supplemental Security Income Assistance Program, requires the county to apply to be appointed representative payee on behalf of a child beneficiary in its custody when no other appropriate party is available to serve. This bill would additionally require the county, when a child beneficiary reaches 18 years of age and elects to remain in the custody of the county as a nonminor dependent, to provide specified information to the youth regarding the process for becoming his or her own payee, and to assist the youth in this process, unless becoming his or her own payee is not in the youth's best interests, as specified. It would, as part of this process, express the intent of the Legislature that the county ensure that the nonminor receive direct payment of SSI benefits at least one month each year. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for potential eligibility for SSI benefits, as prescribed. Existing law authorizes a county, under certain circumstances, to forgo a youth's federally funded AFDC-FC benefits in the month of application for SSI benefits, and instead to use state resources to fund the placement, in order to ensure that the youth meets all of the SSI eligibility requirements. This bill would establish similar requirements for a county child welfare agency, with respect to a nonminor dependent who has been approved for SSI payments but is receiving an AFDC-FC or Kin-GAP benefit that includes federal financial participation in an amount that exceeds the SSI payment, causing the SSI payment to be placed in suspense. By placing new duties on county child welfare agencies, this bill would impose a state-mandated local program. (16) Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. The AAP provides for the payment by the department and counties, of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the resources of the family to meet those needs. Existing law sets forth eligibility requirements for the AAP, including that a child must be under 18 years of age, or under 21 years of age with a mental or physical disability that warrants continued assistance. This bill would additionally include children under 21 years of age who turned 16 years of age before the adoption assistance agreement became effective, and is involved in designated education or employment activities, or is incapable of engaging in these activities due to a medical condition. Payment of adoption assistance would be available for these individuals commencing January 1, 2012, as long as specified federal funds remain available and the state continues to exercise its option to extend payments up to 21 years of age, pursuant to the federal act. (17) Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services. Under existing law, the term "child welfare services" includes various services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. Existing law establishes the case plan as the foundation and central unifying tool in the provision of child welfare services. This bill would revise the definition of child welfare services to include transitional independent living services, as needed in connection with the provision of other permanent placement services. The bill would revise the requirements for the case plan, effective January 1, 2012, with respect to nonminor dependents, to address the developmental needs of young adults, as specified. The bill would also require the case plan to specify why a group home placement, if made, is necessary for the nonminor dependent's transition to independent living, and would require the nonminor dependent to participate and develop, and to sign, his or her case plan, commencing January 1, 2012. By increasing the duties of counties in preparing case plans, the bill would impose a state-mandated local program. This bill would revise the definition of a whole family foster home, to include a home that provides foster care for a nonminor dependent parent and his or her child, for purposes of the AFDC-FC program. Effective January 1, 2012, the bill would require that the same rate be paid for the care and supervision of the child of a nonminor dependent as is paid for the child of a teen parent in a whole family foster home. The bill would make other provisions applicable to a teen parent, for purposes of the child welfare services program, also applicable to certain nonminor dependents living in a whole family foster home. Existing law limits child welfare services for voluntarily placed children to a period not to exceed 6 consecutive months, as specified. This bill would, instead, limit the services to a period not to exceed 180 days, and would make conforming changes. (18) (A) This bill would incorporate additional changes in Section 11402 of the Welfare and Institutions Code proposed by SB 1214, that would become operative only if SB 1214 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (B) The bill would also incorporate additional changes in Section 16501.1 of the Welfare and Institutions Code proposed by SB 945 and SB 1353, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (19) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors in a classroom setting. Existing law also defines the term "traffic violator school" for purposes of the Vehicle Code to mean, among other things, a business that provides instruction in traffic safety, including, but not limited to, classroom traffic violator curricula. Existing law authorizes a court, in lieu of adjudicating a traffic offense committed by a person who holds a specified class of driver's license, to order or permit the person to attend a licensed traffic violator school, licensed driving school, or other court-approved program of driving instruction. Existing law also permits a court to order a continuance against a person who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators, a licensed driving school, or any other court-approved program of driving instruction, and after that attendance, to dismiss the complaint, as specified. This bill would revise and recast these provisions and, instead, would authorize the court, after a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, to order a continuance of the proceeding against a person who receives a notice to appear in court for a violation of a statute relating to safe operation of a vehicle, in consideration for completion of a program at a licensed school for traffic violators and order that the conviction be held confidential. The bill would prohibit the record of certain convictions from being confidential under these provisions. The bill, on April 1, 2012, would delete specified provisions governing existing court or county contracts to provide traffic safety instructional services to traffic violations. The bill would also require that no violation point count be assessed if the record of conviction is confidential, unless other specified conditions apply. The bill would require that these provisions become operative on July 1, 2011. (2) Existing law establishes traffic violator school licensing requirements and requires the Department of Motor Vehicles to license traffic violator school operators. This bill would revise these requirements, including the licensing criteria applicable to a traffic violator school owner or operator and a person licensed as an owner/operator and who is so designated on the owner's license. The bill would revise the requirements applicable to a court-approved program and would require a court-approved program that was in operation prior to January 1, 2011, to file an application for licensure as a traffic violator school by January 1, 2012. The bill would prohibit a court from approving a traffic safety program after January 1, 2011. (3) Existing law authorizes a court, under contract, to use a court assistance program (CAP) to perform services related to the processing and monitoring of traffic violators and traffic violator schools and establishes requirements for the program. The bill would instead authorize a traffic assistance program (TAP) under contract with the Department of Motor Vehicles to assist in oversight activities. This bill would delete provisions relating to both a monitoring report prepared by a CAP and other provisions that preclude the department or the court from removing a traffic violator school from a referral list if certain conditions are met. The bill would also delete provisions relating to a requirement that the Judicial Council collect and compile data on CAPs and traffic safety instruction. The bill would authorize the court to charge a traffic violator fee to defray the costs incurred by a TAP for traffic administration services provided to the court and to delegate collection of the fee to the TAP. The bill would require that the fees be approved and regulated by the court and that the fee not exceed the actual costs incurred by the TAP. (4) Existing law requires a traffic violator school owner to file a bond of $2,000 with the department. The bill would increase the amount of the bond to $15,000 for home study schools and require a $2,000 bond for classroom-based schools. (5) Existing law establishes fees related to the department's licensing of traffic violator schools. This bill would discontinue the fee charged for the completion certificate and would, instead, require the department to charge fees for issuance of an original, renewal, or duplicate or corrected traffic violator school owner, operator, instructor, and branch or classroom location license. The bill would require the court to collect a single administrative fee to be collected from the person attending the traffic violator school, which would include an amount sufficient to defray the cost of monitoring traffic violator school instruction. (6) Existing law requires the court to make available to persons who choose the traffic violator school, the current list of traffic violator schools, published by the department. This bill would require the Department of Motor Vehicles to provide a list of licensed traffic violator schools on its Internet Web site, as specified, and to develop a Web-based database accessible by the courts and traffic violator schools to allow oversight of traffic violator school student enrollments and course completions. The bill would also require, if a court or a TAP provides a hard copy list of licensed traffic violator schools to a traffic violator, to provide only a current date-stamped list downloaded from the department's Internet Web site. (7) Under existing law, with certain exceptions, a violation of the Vehicle Code is a crime. Because this bill would change the definition of an existing crime, it would impose a state-mandated local program. (8) The bill would make conforming changes. (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.
Existing law prescribes procedures for the issuance of registered warrants and provides that a registered warrant is acceptable and may be used as security for the performance of any public or private trust or obligation. This bill would, if the Controller makes a specified determination, require a state agency to accept, from a person or entity, a registered warrant issued by the Controller and endorsed by that payee, at full face value, for the payment of any obligations owed by that payee to that state agency. The bill would specify that its requirements do not apply to certain obligations and would require the Controller, on or before the September 1 following the conclusion of a fiscal year in which a state agency is required to accept registered warrants pursuant to these provisions, to submit a report to the Joint Legislative Budget Committee. The bill would make its provisions inoperative on July 1, 2012, and would repeal them on January 1, 2013. This bill would declare that it is to take effect immediately as an urgency statute.
The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to adopt those regulations that are necessary to carry out the act. The act also requires the commission, after one or more public hearings, to prescribe, by regulation, standards for minimum levels of operating efficiency and prescribe other measures, such as energy and water consumption labeling not preempted by federal labeling law, to promote the use of energy and water efficient appliances that do not result in any added total costs for consumers over the designed life of the appliances concerned. This bill would provide that the television product labeling regulations adopted by the commission would not be effective until July 1, 2011, and would be effective on that date only if a United States Federal Trade Commission labeling rule for those products is not effective on or before July 1, 2011. The bill also would provide that those regulations would remain in effect only until a Federal Trade Commission labeling rule for television products becomes effective.
(1) Existing law imposes licensing and regulatory requirements on vehicle dealers and vehicle salespersons. Existing law requires a dealer's place of business to have posted the license issued by the Department of Motor Vehicles to the dealer and to each salesperson employed by the dealer. This bill would instead authorize the dealer to post a true and exact copy of the license issued by the Department of Motor Vehicles to the dealer and to each salesperson employed by the dealer and would make other conforming changes. (2) Existing law requires the applicant of a dealer's or remanufacturer's license, before the license is issued or renewed by the department, to procure and file with the department a bond, as provided. Existing law authorizes the director of the department, if a deposit is given instead of the bond, to order the deposit returned at the expiration of specified dates. This bill would also authorize the director to order the deposit to be returned at the expiration of 5 years from the date the licensee secured and maintained a dealer bond, after posting a deposit, if the director is satisfied that there are no outstanding claims against the deposit. (3) Existing law requires a dealer that obtains a consumer credit score from a consumer credit reporting agency, for use in connection with an application for credit initiated by a consumer for the purchase or lease of a motor vehicle for specified uses, to provide, prior to the sale, certain information in at least 10-point boldface type on a document separate from the sale or lease contract, that includes, among other things, the credit score obtained and used by the dealer and the name of the credit reporting agency providing the credit score to the dealer. This bill would delete these requirements and instead require a dealer to provide a document, in at least 10-point type, that contains certain information pertaining to credit scores, including each credit score obtained and used by the dealer and a statement that a consumer report or credit report is a record of the consumer's credit history and includes information about whether the consumer pays his or her obligations on time and how much the consumer owes to creditors, among other things. The bill would provide that use of a specified model form, that meets federal requirements for form and content, would be deemed to comply with the above requirements. The bill would also provide that it does not limit or restrict any rights or remedies otherwise available under existing law. (4) Existing law authorizes the department to refuse to issue, to suspend, or to revoke a vehicle salesperson's license when it determines, among other things, that the applicant or licensee has acted as a vehicle salesperson or engaged in that activity for, or on behalf of, more than one licensed dealer whose business does not have identical ownership and structure. Existing law provides that the law does not preclude a vehicle salesperson from working at more than one location of one licensed dealer if the business of that dealer has identical ownership and structure. This bill would authorize the department to refuse to issue, to suspend, or to revoke a vehicle salesperson's license when it determines, among other things, that the applicant or licensee has concurrently acted as a vehicle salesperson and engaged in that activity for, or on behalf of, more than one licensed dealer unless all of the licensed dealers, for whom that salesperson works, have common controlling ownership. The bill would also provide that the law does not preclude a vehicle salesperson from working for more than one dealer provided that all of the licensed dealers for whom that salesperson works have common controlling ownership, as defined. (5) Existing law requires the salesperson's license to be displayed continuously during employment and requires that the license be returned to the salesperson once employment is terminated. A violation of these requirements is a crime. This bill would require the dealer to display the license or a true and exact copy of the license continuously at each location where the salesperson is actually engaged in the selling of vehicles. Once the employment is terminated, this bill would require all copies used by the dealer for posting or display to be destroyed by the dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (6) 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 recognizes various holidays, including November 11, known as Veterans Day. Existing law requires that public offices of the state and state institutions, except for the University of California, be closed on Veterans Day. This bill would require that public offices of the state and state institutions, including, but not limited to, all state agencies and the Legislature, be closed on November 11 for Veterans Day, except as specified. The bill would also state the Legislature's intent that the University of California also be closed on November 11, Veterans Day.
Under existing law, every person who willfully enters and occupies real property without the consent of the owner, owner's agent, or person in lawful possession, is guilty of a misdemeanor. This bill would, with exemptions for employees and public officers, make it an infraction or a misdemeanor to enter an animal enclosure at a zoo, defined to include a public aquarium, or at a circus or traveling animal exhibit, if posted as specified to prohibit entrance, without the consent of the governing authority of the zoo, circus, or traveling animal exhibit, or a representative of that governing authority. Because this bill would create a new crime, it would impose a state-mandated local program. The bill would incorporate additional changes in Section 19.8 of the Penal Code proposed by AB 451 and AB 1829, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. 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) Existing law subjects violators of air pollution laws to specified civil and administrative penalties. Existing law imposes various duties on the State Air Resources Board relative to the reduction of air pollution. This bill would require a written communication from the state board alleging that an administrative or civil penalty will be, or could be, imposed either by the state board or another party, including the Attorney General, for a violation of air pollution law, to contain specified information. The bill would require this information and final mutual settlement agreements reached between the state board and a person alleged to have violated air pollution laws to be made available to the public. The bill would require the state board to prepare and submit to the Legislature and the Governor a report summarizing the motor vehicle pollution administrative penalties imposed by the state board for calendar year 2011, and annually thereafter, and would require the state board to publish a penalty policy for motor vehicle pollution laws that is based on specified criteria. (2) This bill would declare that it is to take effect immediately as an urgency statute.
