(1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless a permit is obtained from, a reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law prohibits a lead agency from approving a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation if the operation is located on, or within one mile of, a Native American sacred site and is located in an area of special concern, unless certain criteria are met. This bill would also prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. This bill would declare that it is to take effect immediately as an urgency statute.
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This measure would proclaim July 27, 2011, as Korean War Veterans Armistice Day. It would urge Californians to remember the Korean War and those who fought against communism. It would also urge Governor Jerry Brown to proclaim July 27, 2011, as Korean War Armistice Day and instruct all state departments, agencies, interested groups, organizations, and individuals to fly the United States flag at half-mast on July 27, 2011, in memory of the veterans who died as a result of their service in Korea.
Existing law provides for statewide election of a slate of electors to vote in the electoral college for President and Vice President of the United States. Under existing law, each political party selects its slate of presidential electors in accordance with statutory procedures that differ by party. This bill would ratify a specified interstate compact that requires the chief election official of each signatory state to appoint the slate of presidential electors that was nominated in association with the presidential ticket that received the largest national popular vote total. This compact would only become effective if states cumulatively possessing a majority of the total electoral votes have ratified the compact.
This measure would memorialize the Legislature's support for the school-based health center program authorized by the federal Patient Protection and Affordable Care Act, an appropriation by the United States Congress to fund this program, policies that include school-based health centers as a partner in creating a medical home for all children, and the inclusion of school-based health centers in the reauthorization of the federal Elementary and Secondary Education Act.
Existing law provides, subject to exceptions, that every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is guilty of a crime punishable as a misdemeanor or as a felony, or alternatively as a misdemeanor or a felony and a fine of not more than $20,000. This bill would revise the punishment for this offense to provide that it is punishable by imprisonment in a county jail for not more than one year, or in the state prison, or by a fine of not more than $20,000, or by both that fine and imprisonment. The bill would make other technical, nonsubstantive changes. By revising the penalty for an existing crime, this bill would impose a state-mandated local program. Existing law proscribes animal abuse, as specified, including the failure to maintain and care for the premises and animals at pet shops. Existing law also generally provides that a pet store shall not sell, offer for sale, trade, or barter any dog or cat that is under 8 weeks of age, but may sell, offer for sale, trade, or barter a dog or cat over 8 weeks of age only if the animal is weaned. This bill would provide, in addition and with specified exceptions, that it shall be a crime, punishable as specified, for any person to willfully sell or give away as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk, or to display or offer for sale, or display or offer to give away as part of a commercial transaction, a live animal if the act of selling or giving away the live animal is to occur on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. The bill would provide that a notice describing the charge and the penalty for a violation of this bill may be issued by a peace officer, animal control officer, or humane officer. By creating a new crime, this bill would impose a state-mandated local program. This bill would incorporate changes to Section 597 of the Penal Code made by AB 109, which has been chaptered but is not operative, to become operative only if AB 109 becomes operative. 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.
Under existing law, the California Uniform Construction Cost Accounting Commission is responsible for recommending, for adoption by the Controller, uniform construction cost accounting procedures for implementation by public agencies in the construction of public projects. Existing law requires the commission members to select a chairperson from among its membership to serve as chair for a term of one year from the date of selection. This bill would extend the term of the chairperson to 2 years from the date of selection. Under existing law, the members of the California Uniform Construction Cost Accounting Commission hold office for terms of 3 years. If there is a vacancy, the Controller is required, within 45 days after the expiration of any term, to appoint a replacement to fill the vacancy on the commission. This bill would instead require the Controller to appoint a replacement within 90 days after the expiration of any term. Existing law governing public contracts establishes procedures that public agencies, as defined, are required to follow when performing public works projects, and authorizes the governing board of the public agency to adopt a resolution, by a 45 vote, to award the contract at $137,500 or less to the lowest responsible bidder when all informal bids on the public works project are in excess of $125,000. This bill would increase the above limits from $125,000 to $175,000, and from $137,500 to $187,500, respectively.
This measure would urge the President and the Congress of the United States to enact federal legislation to modernize the federal Toxic Substances Control Act of 1976 by strengthening chemical management through specified policy reforms.
This measure would proclaim the month of June to be June Dairy Month in California, in honor of the work of dairy producers in California, and would encourage all Californians to continue to support the American dairy industry by including dairy products as part of a healthy diet.
This measure would recognize May 2011 as Asian and Pacific Islander American Heritage Month.
This measure would declare June 26, 2011, a Day in Support of Victims of Torture in California, and would urge the Office of Refugee Resettlement to direct torture treatment funding through the Torture Victims Relief Act of 1998 so as to reflect California's role as the nation's largest resettlement destination for torture survivors.