The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law provides an exception to the license limitation for a county of the 6th class, as specified, for up to 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county until a total of 30 new licenses are issued. Existing law limits the total number of these licenses that may be concurrently held in each specified neighborhood. This bill would increase the total number of new licenses authorized under this provision from 30 to 40 and would increase, for 2 of the specified neighborhoods, the total authorized number of licenses for each neighborhood from 5 to 10 licenses. The bill would update certain census tract numbers to reflect splits made to those tracts in the 2020 Census and would additionally authorize the issuance of a license for a premises located in census tract 352020. Existing law requires an applicant for a neighborhood-restricted special on-sale general license to conduct a preapplication meeting with neighbors and members of the community, as specified, before submitting an application for a license. This bill would delete the preapplication meeting requirement. Existing law prohibits the holder of a neighborhood-restricted special on-sale general license from exercising the rights and privileges granted by an off-sale beer and wine license. This bill, commencing January 1, 2025, would instead authorize the exercise of specified off-sale privileges. The bill would prohibit the holder of a neighborhood-restricted special on-sale general license that was issued before January 1, 2025, from exercising those off-sale privileges unless the department approves a petition by the licensee, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
Sponsored bills
Existing 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. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws. Existing law, the Sales and Use Tax Law, imposes state 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. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow, for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. This bill would also allow for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements. This bill would take effect immediately as a tax levy.
Existing law establishes the California Law Revision Commission to, among other things, examine the law for defects or anachronisms and recommend changes to modify or eliminate antiquated or inequitable rules of law. Existing law requires the commission to study any topic that the Legislature, by concurrent resolution or statute, refers to the commission. Existing law establishes the Committee on Revision of the Penal Code, within the commission, to study and make recommendations related to the Penal Code to achieve various objectives, including simplifying criminal law and procedure. Existing law variously defines the terms "dependent adult" and "dependent person," including to refer to a person, regardless of whether the person lives independently, who is between the ages of 18 and 64 and has physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights, as specified. Existing law uses those terms in various provisions related to, among other topics, prohibitions on, prescribes penalties for, mandated reporting of, and settlements, protective orders, and law enforcement training related to, the commission of specified offenses committed against those persons. Existing federal law requires the Governor to designate a private nonprofit corporation in this state for the protection and advocacy of persons with disabilities, as specified. Existing state law refers to this entity as "the protection and advocacy agency." This bill would require the California Law Revision Commission, with input from stakeholders, including the protection and advocacy agency, to complete and submit to the Legislature a study on how to remove the terms "dependent adult" and "dependent person" from existing code sections, including those that use the term "dependent" in conjunction with the term "elder," as specified. The bill would require the commission, as part of the study, to convene a working group that includes the protection and advocacy agency, the State Department of Social Services, persons described by those terms, and groups representing those persons. The bill would require the study to include recommendations on how to replace the terms "dependent adult" and "dependent person" with new terminology that would respectfully describe those persons and would preserve the legal rights and protections of those and other persons, as specified. The bill would make related findings and declarations.
Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes. Existing law requires a county to investigate the background of a person who seeks to become a supportive services provider and who is not listed on the registry of a public authority or nonprofit consortium. Existing law also requires a county, by no later than July 1, 2010, to complete a criminal background check for a provider who is providing in-home supportive services prior to October 1, 2009, and who is not listed on a public authority or nonprofit consortium registry, as a condition of the provider's continued enrollment in the IHSS program. Existing law requires these investigations to include criminal background checks conducted by the Department of Justice, as specified. Existing law requires these background checks to be conducted at the provider's expense. This bill would instead prohibit a provider or a person who seeks to become a provider from being assessed a fee for any investigation or criminal background check conducted pursuant to the above-described provisions. The bill would also prohibit the Department of Justice from assessing a fee to a county to cover the cost of furnishing the criminal background checks described above. To the extent the bill would create new duties for counties for the provision of criminal background checks, the bill 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 the statutory provisions noted above.
Existing law prohibits the disclosure of the home addresses of certain public employees and officials that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. Existing law requires that following termination of office or employment, a confidential home address be withheld from public inspection for 3 years, unless the termination is the result of conviction of a criminal offense. Existing law provides that if a termination or separation from office or employment is the result of the filing of a criminal complaint, the confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted. If the termination or separation is upheld, existing law grants employing agencies with discretion to maintain the confidentiality of the terminated individual's home address. This bill would authorize an employing agency to request that the department remove the confidentiality protections described above following the termination of employment if no appeal to the termination is filed or if the termination or separation is upheld. The bill would require an employing agency in its request to certify that no appeal to the termination has been filed or that the termination or separation has been upheld. If the terminated individual files an appeal from termination, this bill would require that the individual's home address be withheld from public inspection while the appeal from termination is ongoing and until the appeal process is exhausted. The bill would require the department to comply with these requests within 45 days of receipt. The bill would specify that these provisions shall not apply to terminations of employment resulting from the filing of a criminal complaint. This bill would make conforming changes.
Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law requires that, by January 1, 2030, owners of these hospitals must either demolish, replace, or change to nonacute care use all hospital buildings that are not in compliance with these standards or seismically retrofit all acute care inpatient hospital buildings so they are in substantial compliance with these standards, unless subject to an abeyance. This bill would authorize a hospital owner or operator to submit an application, by specified dates, to the department for additional extensions to the compliance deadline. The bill would require the department to grant or deny an extension of the deadline for substantial compliance with seismic safety regulations or standards up to January 1, 2035. The bill would require the application to contain a seismic compliance plan, a specified evaluation report, a financial plan, and an attestation to the department that the appropriate governing board of that hospital is aware that the hospital building is required to be in substantial compliance with the seismic safety regulations or standards. By imposing the above-described attestation, this bill would expand the crime of perjury and impose a state-mandated local program. This bill would require the hospital and the department to identify specified milestones that are used for determining whether the hospital is making progress towards meeting the hospital's seismic compliance deadline. The bill would require the hospital to demonstrate efforts to comply with the seismic compliance deadline by providing the department with a plan outlining how seismic construction costs and other financial responsibilities will be met and what funding sources will be used if the hospital fails to meet an agreed-upon milestone due to circumstances that were within the hospital owner's or operator's control. The bill would require the owner or operator of that hospital to submit to the department an attestation that the appropriate governing board of that hospital is aware of the hospital's responsibility to comply with the associated construction costs to meet the seismic compliance deadlines. By requiring the owner or operator of a hospital to submit to the department an attestation, this bill would expand the crime of perjury and impose a state-mandated local program. This bill would require the department, before granting an extension past January 1, 2030, to provide public notice of a hospital's request for an extension, provide copies, upon request, of any publicly available material submitted by the hospital in support of their extension to interested parties, and allow the public to submit written comments on the extension proposal, as specified. The bill would require the department, beginning January 1, 2027, to post on the department's internet website specified information, including, among other things, its decision to grant or deny any extension. The bill would require the department to notify the county board of supervisors, the city council, and the Assembly and Senate representative in writing and electronically if a hospital within their district has been granted or denied an extension. This bill would require the department, on or before January 1, 2026, to adopt regulations and standards or revise regulations and standards, or both, to extend the deadlines for meeting the structural performance and nonstructural performance requirements. The bill would specify that regulatory submissions made by the department to the California Building Standards Commission are deemed to be emergency regulations and that the adoption of these regulations are to be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Existing law requires, before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to post in a lobby or waiting area generally accessible to patients or the public a notice provided by the department that the hospital is not in compliance with the seismic safety requirements the hospital is required to meet by January 1, 2030. Existing law requires, on or before January 1, 2024, and annually thereafter, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to provide an annual status update on the Structural Performance Category ratings of the buildings and the services provided in each hospital building on the hospital campus to specified entities until each of the hospital buildings owned by that hospital building owner is compliant. This bill would require, before January 1, 2025, the owner or operator of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety regulations or standards to post in any lobby or waiting area generally accessible to patients or the public the notice mentioned above. The bill would also require, on or before January 1, 2025, and annually thereafter, the owner or operator to provide an annual status update, as specified. This bill would specify that the provisions of this act are severable. 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 defines every person engaged in the business of receiving goods in pledge as security for a loan as a pawnbroker and requires those persons to apply to the chief of police, the sheriff, or the police commission for a license permitting the licensee to engage in the business of pawnbroker. Existing law requires the licensing authority to accept an application for and grant a license to engage in the business of pawnbroker, if the applicant has complied with specified requirements, including filing a surety bond and a financial statement, and if they have not been convicted of an attempt to receive stolen property or any other offense involving stolen property, as specified. Existing law also requires a pawnbroker to comply with a specified reporting requirement imposed upon secondhand dealers. Existing law creates the California Pawn and SecondhandDealer System (CAPSS) , a statewide, uniform, electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice. Existing law requires every secondhand dealer to electronically report daily, or no later than the next business day, after receipt or purchase of secondhand tangible personal property, to the CAPSS, all secondhand tangible personal property that they have purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, as specified. This bill, the Pawnbroker Education Act, would establish the California Pawnbroker Education Council, governed by a board of directors, as specified. The bill would require the council to establish fees sufficient to support its functions and to cover the reasonable regulatory costs of administering these provisions. The bill would require the council, on or before January 1, 2026, to develop and establish a standard course and curriculum in pawnbroker transactions that includes at least 8 hours of prelicensing education to be completed by an applicant for licensure, and 8 hours of continuing education to be completed by a licensee or their designated representative, as a condition precedent to being issued, or renewing, a pawnbroker's license. The bill would require the curriculum to meet minimum standards for compliance with state and federal law applicable to the pawnbroker business including, the CAPSS reporting requirements described above. The bill would require individuals, entities, agencies, and associations that propose to offer educational courses that satisfy the prelicensing and continuing education requirements determined by the council to apply for and obtain the approval of the council. The bill would require the council, beginning on January 1, 2026, to issue a certificate to an applicant for a pawnbroker license, or to a licensee applying for renewal of a pawnbroker license, who has satisfied the educational requirements, and to maintain records verifying completion of the educational requirements for at least 2 years. The bill would repeal these provisions on January 1, 2029.
The California Constitution provides for the taxation of property and establishes the State Board of Equalization to administer those taxes. Existing property tax law, pursuant to constitutional authorization, sets forth procedures for imposing and collecting taxes on property in the state. Existing law requires a person owning taxable personal property, as specified, to file annually a signed property statement declared to be true under the penalty of perjury with the assessor. Existing law authorizes a property statement to be filed with the assessor through the United States mail, properly addressed with postage prepaid. This bill would instead authorize the statement to be filed through the United States mail provided it is mailed in a manner that includes a postmark and is properly addressed with postage prepaid, as specified. Existing law also permits the assessor to accept the filing of a property statement by the use of electronic media. In lieu of the required signature and the declaration under penalty of perjury, as described above, existing law requires property statements filed using electronic media to be authenticated pursuant to methods specified by the assessor and approved by the State Board of Equalization. This bill would instead authorize the assessor to accept the filing of a State Board of Equalization form by the use of electronic media and similarly would require the form to be authenticated pursuant to methods specified by the assessor and approved by the board. Existing law generally authorizes use of a digital signature in a written communication with a public entity and requires the use or acceptance of a digital signature to be at the option of the parties. Existing law authorizes any document required to be executed by the tax collector pursuant to specified property tax laws to be executed with a facsimile signature in lieu of a manual signature, if the manual signature is filed with the Secretary of State and is certified under oath by the tax collector. Existing law provides that, upon compliance with these requirements, the facsimile signature has the same legal effect as the manual signature of the tax collector. This bill would, notwithstanding the above-described requirement that use or acceptance of a digital signature be at the option of the parties, authorize a taxpayer to execute a State Board of Equalization form by electronic signature in lieu of a manual, facsimile, or other signature if certain requirements are met. Among those requirements are that the county assessor authorizes the submission of the form by use of electronic media, as described above, the electronic signature is authenticated, as specified, and the electronic signature is accompanied by a form in the signature block that states that the taxpayer certifies or declares under penalty of perjury that all the information, including accompanying statements or materials, in the document is true, correct, and complete to the best of the taxpayer's knowledge. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would require a county assessor to accept an electronic signature pursuant to the bill's provisions, if a county assessor authorizes the submission of a State Board of Equalization form by the use of electronic media and the taxpayer chooses to execute the form by use of an electronic signature. The bill would authorize the county assessor to require payment of a fee to cover the costs associated with accepting the electronic signature and would require every county to adopt any necessary ordinances, resolutions, or other procedures to give effect to the bill's provisions. The bill would provide that, upon compliance with the bill's provisions, the electronic signature shall have the same legal effect as the manual, facsimile, or other signature of the taxpayer. By imposing additional duties on counties, the bill 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 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.
This measure would, among other things, urge the United States Congress and President Joseph R. Biden to fully fund the United States Environmental Protection Agency's Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts.
Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force) . Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the California American Freedmen Affairs Agency in state government, under the control of the secretary, who would be appointed by the Governor and confirmed by the Senate. The bill would require the agency to implement the recommendations of the Task Force, as approved by the Legislature and the Governor. The bill would require the agency, as part of its duties, to determine how an individual's status as a descendant would be confirmed. The bill would also require proof of an individual's descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the agency to be comprised of a Genealogy Office and an Office of Legal Affairs. The bill would further require the agency to oversee and monitor existing state agencies and departments tasked with engaging in direct implementation of the policies that fall within the scope of the existing state agencies' and departments' authority, including policies related to reparations. Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose. This bill would exempt the California American Freedmen Affairs Agency from the above-described prohibition.