(1) Existing law creates the High-Speed Rail Authority with specified powers and duties relating to the development and implementation of an intercity high-speed train system. Existing law authorizes the authority to acquire rights-of-way through purchase or eminent domain. Existing law sets forth the process for acquisition of property by eminent domain, including a requirement for adoption of a resolution of necessity. Before adopting a resolution of necessity, existing law requires a public entity to determine the fair market value of the property to be acquired and to offer that amount to the owner of the property. This bill would prohibit the authority, or the State Public Works Board acting on behalf of the authority, from adopting a resolution of necessity to commence an eminent domain proceeding to acquire a parcel of real property for the high-speed train system unless the resolution identifies the sources of all funds to be invested in the property, and the anticipated time of receipt of those funds, and declares that the authority, or the board, has offered to purchase the property at not less than the fair market value or the amount necessary to discharge the liens against the property, as described, whichever is greater. The bill would require the authority or the board to be responsible for compliance with any environmental protection laws or regulations that are applicable to the property it acquires pursuant to eminent domain. (2) This bill would declare that it is to take effect immediately as an urgency statute.
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Existing law requires the Department of Veterans Affairs to disburse funds, appropriated to the department for the purpose of supporting county veterans service officers pursuant to the annual Budget Act, on a pro rata basis, to counties that comply with certain conditions. This bill would authorize the department, in conjunction with the California Association of County Veterans Service Officers, no later than July 1, 2015, to develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers, and, if that allocation formula is developed, the bill would require those moneys appropriated for support of county veterans service offices in the annual Budget Act to be allocated in accordance with that formula, as specified.
(1) Existing law, the California Coastal Act of 1976, provides for the planning and regulation of a development and requires any person undertaking development in the coastal zone to obtain a coastal development permit issued by the California Coastal Commission in accordance with prescribed procedures. This bill would require a city or county, including a charter city or charter county, to apply for a coastal development permit to remove or restrict the use of a beach fire ring, as defined, and would require that application to include specified information. The bill would not affect the applicability of a specified provision relating to ambient air quality standards, emission standards, or air pollution control programs or facilities established by the State Air Resources Board or an air pollution control or air quality management district. The bill would not prohibit the City of Newport Beach from distributing charcoal free of charge for use in a beach fire ring within 700 feet of a residence. By increasing the duties of local officials with respect to the California Coastal Act, the bill would impose a state-mandated local program. (2) The bill would declare these provisions to be declaratory of existing law. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law prohibits a person from using or being under the influence of specified controlled substances except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. A person convicted of violating this prohibition is guilty of a misdemeanor and the court is required to sentence the person to not less than 90 days or more than one year in a county jail. The court is authorized to place a person convicted under this provision on probation for not more than 5 years, and the court is required, as a condition of granting probation, to order the person to serve at least 90 days in a county jail. The court is prohibited, except with regards to specified drug treatment provisions, from absolving a person convicted under this provision from serving at least 90 days in a county jail. This bill would delete the requirement that a person convicted under this provision serve at least 90 days in a county jail, and would delete the requirement that, as a condition of granting probation, the person serve at least 90 days in a county jail. The bill would make additional conforming changes. The bill would authorize the court to grant probation for not more than 5 years in addition to any jail sentence imposed.
(1) Existing law creates the High-Speed Rail Authority with specified powers and duties relating to the development and implementation of an intercity high-speed train system. Existing law, for any project along the high-speed rail network, authorizes the authority to contract with the Department of Transportation to perform specified project design services, including construction inspection services. This bill would require the authority to require that any employee of the authority, or any employee working for a public or private entity that has contracted with the authority, prior to entering onto any privately owned property, identify himself or herself to the property owner and obtain the consent of the property owner, as specified. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the state, through the Department of Social Services and county welfare departments, to establish and support a public system of statewide child welfare services to be available in each county of the state. All counties are required to establish and maintain specialized organizational entities within the county welfare department that have the sole responsibility for the operation of the child welfare services program. The Legislature has declared its intent, in providing for this statewide system of child welfare services, that all children are entitled to be safe and free from abuse and neglect. This bill, to be known as Sammy's Law, would require a county child protective services social worker, assigned to a role that involves assuming the custody of children or conducting interviews of children or their parents in order to investigate allegations of parental abuse or neglect, to use a video and audio recorder to make recordings of his or her interactions with the children and their parents in carrying out that role. In order for the recording requirement to apply, the child or parent is required to give his or her consent to being recorded. The bill would require the county child protective services employing the social worker to catalog and preserve the video and audio recordings, as provided. This bill would require the prosecutor, in a criminal proceeding, to produce a copy of the above described recordings upon the request of the defendant, and if the recordings are not produced, the defendant would be entitled to an instruction stating that the missing information is presumed to be exculpatory. The bill also would require the county, in a dependency proceeding, to produce a copy of the above described recordings upon the request of the parent, and if the recordings are not produced, the county child protective services social worker would be prohibited from testifying about the missing information, and the judge would be prohibited from considering the missing information in making his or her rulings. Because this bill would require local entities to provide a higher level of service through making and producing video and audio recordings, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board. Existing law requires a blood or urine test sample that is required by the board to be taken from a horse to be divided or taken in duplicate if there is sufficient sample, and requires the board to adopt regulations to ensure the security of obtaining and testing of all samples. This bill would make technical, nonsubstantive changes to those provisions.
The Personal Income Tax Law provides for various exclusions from gross income. This bill would, for taxable years beginning on or after January 1, 2014, and before January 1, 2022, also exclude from gross income the value of any medal given by the International Olympic Committee, and any prize money or honoraria received from the United States Olympic Committee, on account of either the Olympic games or the Paralympic games. This bill would take effect immediately as a tax levy.
This measure urges the President of the United States of America to use his executive powers to call for the release of Marine Sergeant Andrew Tahmooressi from prison in Mexico.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing state board regulations require specified entities to comply with a market-based compliance mechanism beginning January 1, 2013, and require additional specified entities to comply with that market-based compliance mechanism beginning January 1, 2015. This bill instead would exempt categories of persons or entities that did not have a compliance obligation, as defined, under a market-based compliance mechanism beginning January 1, 2013, from being subject to that market-based compliance mechanism through December 31, 2020. This bill would declare that it is to take effect immediately as an urgency statute.