Existing state sales and use tax laws impose a tax 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. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for items and materials when used to modify a vehicle for physically handicapped persons. Existing law also exempts from those taxes, in the case of a sale of a modified vehicle for physically handicapped persons to a disabled person who is eligible to be issued a distinguishing license plate or placard for parking purposes, the gross receipts attributable to that portion of the vehicle that has been so modified. Existing regulations implementing those provisions provide that physically handicapped persons include disabled persons, as specified, which existing law defines as, among others, persons with a diagnosed disease or disorder which substantially impairs or interferes with mobility. Existing federal law provides various benefits to disabled veterans, including assistance with the purchase of an automobile and adaptive equipment. Existing federal law defines an eligible person, for purposes of that benefit, as, among others, certain veterans with specified disabilities, including a severe burn injury, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service. Existing federal regulations implementing those provisions define severe burn injuries as deep partial thickness or full thickness burns resulting in scar formation that cause contractures and limit motion of one or more extremities or the trunk and preclude effective operation of an automobile. This bill, on and after July 1, 2020, and before July 1, 2030, would specify that, for purposes of the exemptions described above, physically handicapped persons include eligible persons with a severe burn injury, as those terms are defined in existing federal law. 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. This bill would take effect immediately as a tax levy.
Sponsored bills
(1) Existing law confers upon the Secretary of Food and Agriculture the ability to establish and administer the Milk Producers Security Trust Fund to reimburse milk producers for milk that is shipped to a handler when the handler defaults on payment. Existing law authorizes the secretary to maintain the fund by collecting a security charge on covered milk, as defined, from handlers, and, if the value of a handler's monthly milk purchases, as adjusted, exceeds a specified amount, requires a handler to provide an acceptable security, as defined, to the secretary. Existing law requires a transaction to meet certain criteria in order to be covered by the fund, and specifies the amount of reimbursement that is owed to a milk producer in case of default on a covered transaction. Existing law continuously appropriates any money that is collected by the secretary pursuant to these provisions, including penalty revenues, and interest from the investment, reinvestment, or deposit of that money, to reimburse milk producers and for other purposes. Under existing federal regulations that took effect October 17, 2018, the United States Department of Agriculture established a Federal Milk Marketing Order for California that requires handlers to pay uniform minimum prices to producers, calculated as provided, for milk of various classes that is pooled under the Federal Milk Marketing Order. Existing state law, upon adoption of a federal milk marketing order, suspends the operation of provisions of existing state law authorizing establishment of stabilization and marketing plans setting uniform minimum prices for various classes of market milk, as defined, and the Gonsalves Milk Pooling Act, that are inconsistent with the Federal Milk Marketing Order. This bill would recast and revise the provisions governing administration of the Milk Producers Security Trust Fund by, among other things, deleting obsolete references to the stabilization and marketing plans and pooling plan supplanted by the Federal Milk Marketing Order, redefining various terms for consistency with the Federal Milk Marketing Order, changing the computation of security charges and acceptable securities for which handlers are liable, including by requiring security charges to be imposed on eligible milk, as defined, and solids-not-fat contained in eligible milk, instead of covered milk, as defined, and solids-not-fat contained in covered milk, and changing the computation of amounts owed to producers upon default. The bill would also require the secretary to collect an assessment on producers, as provided, to defray the costs of administering these provisions, except as provided. By authorizing the collection of an assessment that, with penalties for late payment and interest, would be continuously appropriated, this bill would make an appropriation. (2) Existing law provides for various commissions to promote the production and marketing of agricultural commodities. Existing law, the Dairy Council of California Law, establishes the Dairy Council of California within the state government and prescribes the membership of the council. Existing law specifies the powers, duties, and responsibilities of the council, and requires the secretary to conduct various activities relating to research, advertising, publicity, and education. Existing law requires the secretary to establish, and to collect from producers, handlers, and producer-handlers, a fee on class 1 milk, as defined, and milk for all other usages, as defined, that contains specified percentages of milkfat or solids-not-fat. Existing law continuously appropriates these fees to the Department of Food and Agriculture to carry out the duties that are imposed upon the secretary and the council pursuant to these provisions. Existing law requires the secretary to hold a public hearing or referendum every 5 years to determine whether the council program shall continue in effect. This bill would recast and revise the Dairy Council of California Law to, in general, refocus the secretary's and the council's activities on research, communication, and education regarding the nutritional role of milk products. The bill would redefine the terms "producer-handler," "class I milk," and "all other usages," and add a definition for "solids-not-fat," to be consistent with the definitions in the Federal Milk Marketing Order. Instead of the fees described above, the bill would require the secretary to establish assessments on milk and on solids-not-fat contained in milk, as provided. By creating new and higher assessments, the revenue from which is continuously appropriated, the bill would make an appropriation. The bill would also, among other things, revise provisions regarding the membership of the council and recordkeeping. The bill would make extensive technical and conforming changes. (3) Existing law requires sample copies of labels used in connection with advertising and consumer sales of milk and certain related products to be submitted to the secretary for approval and requires any labeling requirements adopted by the secretary pursuant to this provision to be in conformity with the Federal Food, Drug, and Cosmetic Act and certain federal regulations. Existing law requires labeling requirements for modified foods, as provided, to conform to those same federal regulations. This bill would streamline those labeling requirements to instead require the secretary to enforce the labeling requirements established under the Federal Food, Drug, and Cosmetic Act and those federal regulations in the review of labels to be used in connection with advertising and retail sales of milk, frozen and cultured dairy products, cheese, and products resembling milk products and for all dairy products sold in the state. (4) Existing law requires the use of certain methods of analysis for determining the components of milk and certain related products and authorizes the secretary to, by regulation, adopt other acceptable methods of comparable accuracy. Existing law requires the secretary to supervise the testing of milk fat and milk solids-not-fat and the weighing and sampling of market milk delivered to handlers. Existing law authorizes the secretary to assess a fee on all producers, producer-handlers, and handlers to be used exclusively for the supervision of and checking the corrections of the milk fat, milk solids-not-fat, and bacteriological tests, and the weighing and sampling of all market milk delivered to handlers in accordance with the stabilization and marketing plans. Existing law requires a handler subject to any stabilization and marketing plan, including a producer-handler, to pay an assessment to, and requires a handler subject to the provisions of any stabilization and marketing plan that purchases or handles milk from producers to pay a fee to, the secretary that do not exceed specified amounts. This bill would repeal the provision requiring the use of certain methods of analysis for the determination of the components of milk and certain related products, and the authorization to adopt other acceptable methods. The bill would revise the secretary's supervisory duties described above to instead require the secretary to supervise the weighing, measuring, sampling, bacteriological testing, and sanitary loading and unloading of bulk milk delivered to handlers. The bill would require the fee assessed by the secretary on producers, producer-handlers, and handlers to be used for the supervision of, and checking the corrections of, bacteriological tests, and the weighing, measuring, sampling, and sanitary loading and unloading of all bulk milk delivered to handlers. The bill would revise the provisions imposing the assessment and fee on certain handlers described above to apply to all handlers and would authorize the secretary to increase the amounts of those assessments. The bill would add definitions for "handler," "producer," and "producer-handler" for purposes of these provisions.
(1) Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires any person relocating a bee colony from a registered apiary in one county to another county where the apiary is not registered to notify the county agricultural commissioner within 72 hours of the first movement. Existing law conditions the availability of certain protections under the Apiary Protection Act on a beekeeper's compliance with this requirement. Existing law exempts information provided pursuant to this requirement from disclosure pursuant to the California Public Records Act. Existing law also requires any apiary operator, or the apiary operator's designated representative, to notify a county agricultural commissioner when relocating a bee colony within the county, but does not impose a 72-hour deadline for providing notice or include other provisions relating to this requirement that are consistent with the above-described provisions regarding notice of a relocation to another county. Existing law makes it an infraction for any person to fail to comply with specified requirements of the Apiary Protection Act, including the above-described notification requirements. This bill would recast provisions regarding notice of relocation within a county to be consistent with those regarding notice of relocation to another county, including, among other things, by imposing a 72-hour deadline for providing notice of relocation within a county or subsequent movement within the destination county, and by exempting information provided pursuant to that notification requirement from disclosure pursuant to the California Public Records Act. By imposing a notification requirement of shorter duration, the violation of which is a crime, the bill would impose a state-mandated local program. (2) Existing law that becomes operative on and after January 1, 2020, authorizes the secretary or a county agricultural commissioner, in lieu of prosecution, and in addition to any other penalty that is provided in the Apiary Protection Act, to impose an administrative civil penalty for a violation of certain requirements of the Apiary Protection Act regulating the registration and identification of apiaries and the relocation of bee colonies, pursuant to a prescribed hearing and appeals process. This bill would further delay the operative date of these provisions until January 1, 2021. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) 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.
This measure would declare September 23, 2019, as First Responder Day.
This measure would proclaim the month of May 2019 as Music Changing Lives Month.
Existing law states the intent of the Legislature that the law enforcement agencies and the county welfare or probation department of each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases. Existing law requires a local law enforcement agency having jurisdiction over a reported case of child abuse to report to the county welfare or probation department that it is investigating the case, and requires the county welfare department or probation department, in certain cases, to evaluate what action or actions would be in the best interest of the child and to submit its findings to the district attorney, as specified. This bill would authorize a county, in order to implement a multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment, to use a children's advocacy center that includes representatives from specified disciplines and provides dedicated child-focused settings for interviews and other services. The bill would authorize members of a multidisciplinary team associated with a children's advocacy center to share with each other information in their possession concerning the child, the family of the child, and the person who is the subject of the abuse or neglect investigation, as specified. The bill would exempt a member of a multidisciplinary team and a child forensic interviewer or other provider of a children's advocacy center from civil or criminal liability for providing services to children or nonoffending family members.
This measure would proclaim the week of September 23, 2019, to September 29, 2019, as Diaper Need Awareness Week and encourage California citizens to support organizations that help alleviate diaper need.
This measure would, among other things, designate the year 2019 as "State of California Year of Commemoration of the Anniversary of the Armenian Genocide of 1915–1923," would designate April 24, 2019, as "State of California Day of Commemoration of the 104th Anniversary of the Armenian Genocide of 1915–1923," and would call upon the President of the United States and the United States Congress to formally and consistently reaffirm the historical truth that the atrocities committed against the Armenian people constituted genocide.
This measure would request the President and the Congress of the United States to enact legislation that would strengthen the communication between federal, state, local, and tribal officials, and that would require the United States Department of Justice, United States Department of the Interior, and United States Department of Health and Human Services to seek recommendations from tribes in enhancing the safety of Native American women and girls. The measure would also request that the Attorney General of the State of California begin the collection of data as it relates to missing and murdered Native American women and girls.