Existing law requires the Department of Motor Vehicles, upon proper application, to issue driver's licenses and identification cards. The federal Western Hemisphere Travel Initiative facilitates travel within the western hemisphere by authorizing the use of enhanced driver's licenses and identification cards meeting specified requirements as travel documents. This bill would authorize the Department of Motor Vehicles to enter into a memorandum of understanding with a federal agency for the purpose of facilitating travels within the western hemisphere pursuant to the federal Western Hemisphere Travel Initiative through the issuance of an enhanced driver's license, instruction permit, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver's license, instruction permit, provisional license, or identification card for specified persons. The bill would require a person applying for the initial issuance or renewal of an enhanced driver's license, instruction permit, provisional license, or identification card to submit, under the penalty of perjury, additional proof of identity, residency, and citizenship that satisfies the requirements of the federal Western Hemisphere Travel Initiative. Because the knowledge of the submission of fraudulent information is a crime, the bill would create a new crime, thereby imposing a state-mandated local program. The bill would, except as specified, prohibit the disclosure of information submitted to the department. Because a violation of the Vehicle Code is a crime, this bill would impose a state-mandated local program. The bill would prohibit an employer from requiring an employee to apply for, or use, an enhanced driver's license or identification card as a condition of employment or to discriminate or otherwise retaliate against an employee who refuses to apply for, or use, an enhanced driver's license or identification card. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. The bill would also require the department to submit an annual report to specified committees of the Legislature on the implementation of the enhanced driver's license and identification card. The bill would require a person applying for an enhanced driver's license, instruction permit, provisional license, or identification card to submit an additional application fee of $75. The bill would establish the Enhanced Driver's License and Identification Card Subaccount in the Motor Vehicle Account and would require the additional fee to be deposited into the subaccount. The bill would, upon appropriation by the Legislature, require the moneys in the subaccount to be expended by the department in implementing the above provisions. 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.
Sponsored bills
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing law provides for the computation, on the basis of these allocations, of apportionment factors that are applied to actual property tax revenues in each county in order to determine actual amounts of property tax revenue received by each recipient jurisdiction. This bill would deem to be correct those property tax revenue apportionment factors that were applied in allocating property tax revenues in the County of San Benito for each fiscal year through the 2000–01 fiscal year. This bill would, notwithstanding specified audit requirements, require the county auditor to make the allocation adjustments identified in the State Controller's audit of the County of San Benito for the 2001–02 fiscal year. The bill would additionally require property tax apportionment factors applied in allocating property tax revenue in the County of San Benito for the 2002–03 fiscal year and each fiscal year thereafter to be determined on the basis of apportionment factors for prior fiscal years that have been corrected or adjusted as would be required if those prior apportionment factors were not deemed correct by this bill. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Benito.
Existing law establishes a workers' compensation system for the compensation of employees for any injury or death arising out of and in the course of their employment, as specified. For the purposes of workers' compensation law, existing law defines an independent contractor as a person who renders service for a specified payment for a specified result, under the control of his or her principal as to the result of his or her work only, and not as to the means by which that result is accomplished. This bill would make technical, nonsubstantive changes to those provisions.
(1) The California Public Employees' Pension Reform Act of 2013 (PEPRA) , on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with the act, as specified. Among other things, PEPRA prohibits a public employer from offering a defined benefit pension plan exceeding specified retirement formulas, requires new members of public retirement systems to contribute at least a specified amount of the normal cost, as defined, for their defined benefit plans, and prohibits an enhancement of a public employee's retirement formula or benefit adopted after January 1, 2013, from applying to service performed prior to the operative date of the enhancement. This bill would except from PEPRA, by excepting from the definition of public retirement system, certain multiemployer plans authorized under federal law and retirement plans for public employees whose collective bargaining rights are protected by a specified provision of federal law if a federal agency determines there is a conflict with federal law. (2) PEPRA prohibits a public employer from offering a supplemental defined benefit plan if the public employer did not do so before January 1, 2013, or, if it did, from offering this plan to an additional employee group after that date. This bill would exclude from the definition of a supplemental defined benefit plan for purposes of this prohibition a multiemployer plan, as defined in federal law, pursuant to a collective bargaining or similar agreement. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires each school district, county office of education, and charter school, as provided, that has one or more pupils who are English learners to assess the English language development of each pupil in order to determine the level of proficiency. This bill would require the Superintendent of Public Instruction to perform certain tasks relating to pupils of limited English proficiency, including ensuring that all schools and school districts provide each pupil of limited English proficiency with an educational opportunity that is equal to the opportunities available to English-speaking pupils.
(1) Existing law requires the State Board of Education to adopt a state master plan for services to children identified as migrant children. This bill would change references from "migrant child" to "migratory child," and would require the state master plan to be developed and revised as necessary by the Superintendent of Public Instruction in consultation with the State Parent Advisory Council. The bill would specify additional elements that would be required as part of the plan, and would require the Superintendent to develop a monitoring instrument and procedure to annually monitor each local educational agency and region receiving funds for the provision of services to migratory children. The bill would set forth the primary objectives of the state's monitoring activities, including, among others, improving educational results and outcomes for migratory children. The Superintendent would be required to periodically sponsor or conduct local training for the education of regional operating agency personnel responsible for evaluation of migrant education programs and for assisting regions and local educational agencies in the development and implementation of certain policies and procedures relating to the identification of certain youth for eligibility for migratory services and programs. The bill would require the Superintendent to submit to the State Board of Education, the Legislature, and the Governor a triennial performance report of the migrant education programs. (2) Existing law requires migrant education programs to include certain components and services, including, among others, an assessment of the educational and health needs of each participating pupil. This bill would require regional service centers to collect and report to the State Department of Education individual and aggregate data with specified information relating to migratory pupils. (3) Existing law requires the Superintendent to establish the service regional system as the primary method for delivery of services to migrant children, and requires the Superintendent to review and approve plans based on specified criteria. This bill would include among that criteria a written evaluation plan that describes how an operating agency will measure annual pupil progress and overall success of its program. (4) Existing law requires the Superintendent to establish rules and regulations to require each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council. Existing law further requires each parent advisory council to hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year. This bill would instead require each parent advisory council to hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year for two consecutive days each time. (5) Existing law requires the Superintendent to establish a State Parent Advisory Council and requires the council to meet a minimum of 6 times per year. This bill would instead require the council to meet a minimum of 9 times per year, would provide that additional meetings may be called by mutual agreement between the Superintendent and the state director, and would require all meetings of the council to be held pursuant to certain open meeting provisions. The bill would also require the Superintendent, upon request and when practicable, to provide certain documents that the Superintendent is required to provide under existing law in a language understandable to each member of the council. (6) Existing law sets forth responsibilities of parent advisory councils at the district, regional, and state levels. This bill would revise one of those responsibilities. The bill would require a local educational agency and region receiving funds for the provision of services to migratory children to include an evaluation of the overall program effectiveness for the prior year, as provided. (7) This bill would make other related changes and various conforming and nonsubstantive changes.
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or 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. That law provides various exemptions from those taxes. The bill would exempt from those taxes, on and after January 1, 2014, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of property, as specified, qualified tangible personal property purchased for use by a contractor for specified purposes, as provided, and tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided. 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 law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, and the Local Revenue Fund. This bill would take effect immediately as a tax levy.
Existing law defines and proscribes the crimes of human trafficking, solicitation, and prostitution. Existing law also authorizes a court, in its discretion and in the interests of justice, to grant various forms of relief to a petitioner who completes conditions of probation, including the dismissal of the accusation or information against that person. Existing law requires the Department of Justice to maintain state summary criminal history information, and to furnish that information to specified entities for various purposes, including for purposes of fulfilling employment, licensing, and certification requirements. This bill would provide that if a defendant has been convicted of solicitation or prostitution and can show that the conviction was the result of his or her status as a victim of human trafficking, he or she may petition for, and the court may issue, an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, (3) notifies the department that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered, and (4) prohibits the dissemination, for specified employment, licensing, and certification requirements, of the defendant's record of conviction.
Existing law provides that certain prohibitions on the transfer of firearms do not apply if the transfer is among other things, infrequent. Existing law defines "infrequent" for these purposes as less than 6 transactions per calendar year for handguns, and occasional and without regularity for firearms other than handguns. Existing law defines "transaction" for these purposes as a single sale, lease, or transfer of any number of handguns. This bill would define "infrequent" for purposes of these provisions as less than 6 firearms transactions per calendar year. The bill would revise the definition of "transaction" for these purposes to mean a single sale, lease, or transfer of any number of firearms. By expanding the definitions of the underlying crimes affected by the definition of infrequent, this bill would impose a state-mandated local program. Existing law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting firearms transactions and when delivering firearms, including, among others, a 10-day waiting period, purchaser background check, and possession of a handgun safety certificate by the purchaser. This bill would make it a crime for a person to purchase or receive a firearm from a dealer, knowing or having reasonable cause to believe that the delivery of that firearm by that dealer to that person violates specified provisions regulating the delivery of a firearm by a dealer. The bill would make it a crime for any person, corporation, or dealer to transport or bring into this state a firearm for the purpose of selling, transferring, or loaning the firearm with the intent to avoid the requirement that the transaction be conducted by a dealer, or with the intent to avoid the requirements of any exemption to that dealer requirement. The bill would make additional conforming changes. By creating new crimes, this bill would impose a state-mandated local program. Existing law prohibits a person who, after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, from purchasing or receiving, or attempting to purchase or receive, or having in his or her possession, custody, or control any firearm or any other deadly weapon unless he or she has been issued a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness. Existing law similarly prohibits certain other persons from possessing firearms, including, among others, persons found not guilty by reason of insanity of specified crimes, persons found incompetent to stand trial, and persons placed under a conservatorship for specified reasons. Existing law requires the court to notify the Department of Justice regarding these persons and certain other persons prohibited from possessing firearms, as specified. This bill would require the court to report the required information to the Department of Justice exclusively by electronic means, in a manner prescribed by the department. 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 Enterprise Zone Act provides for the designation and oversight by the Department of Housing and Community Development of various types of economic development areas throughout the state, including enterprise zones, targeted tax areas, and manufacturing enhancement areas, collectively known as geographically targeted economic development areas, or G-TEDAs. Pursuant to these provisions, qualifying entities in those areas may receive certain tax and regulatory incentives. This bill would revise various definitions for purposes of the act and modify specified requirements for designating and administering enterprise zones and G-TEDAs, collectively. The bill would impose new requirements on the Department of Housing and Community Development with respect to the enterprise zone program and modify department and Franchise Tax Board reporting requirements. Existing law, the Enterprise Zone Act, authorizes the Department of Housing and Community Development to assess a fee of not more than $15 on each enterprise zone and manufacturing enhancement area for each application for issuance of a certificate pursuant to specified tax credit provisions. This bill would instead authorize the department to charge a fee for those applications not to exceed the reasonable cost of administering the Enterprise Zone Act, but not to exceed $20. The bill would require any increase in the fee higher than the amount that was charged by the department as of January 1, 2014, to be adopted by regulation. This bill would declare that it is to take effect immediately as an urgency statute.