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 of, 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 the sale of fuel and petroleum products sold to a water common carrier for immediate shipment outside this state for consumption in the conduct of its business as a common carrier after the first out-of-state destination, as defined. Existing law repeals this exemption on January 1, 2024. This bill would extend that exemption until January 1, 2029. 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. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would make findings to comply with that provision. This bill would take effect immediately as a tax levy.
Sponsored bills
The California Constitution authorizes the Legislature to permit private, nonprofit organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 23 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. Existing statutory law, until January 1, 2024, authorizes a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. This bill would permanently extend the operation of those provisions beyond January 1, 2024. By extending the operation of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a 23 vote of each house.
The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. Existing law generally provides that a violation of the act is a misdemeanor. This bill would require an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location. The bill would prohibit a Type 48 licensee from being held liable for a defective test or inaccurate test result. The bill would require a Type 48 licensee to ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, as specified. The bill would specify that a violation of its provisions is not a crime. The bill would require the department to post on its internet website information about the bill's requirements, as specified. The bill would make its provisions operative on July 1, 2024, and would repeal its provisions on January 1, 2027.
Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of an advertising display, as defined, within view of public highways. The act regulates the placement of an off-premises advertising display along highways that generally advertises business conducted or services rendered or goods produced or sold at a location other than the property where the display is located. The act does not apply to an on-premises advertising display, which generally advertises business conducted or services rendered or goods produced or sold at the location where the display is located. However, until January 1, 2023, the act treats an off-premises advertising display developed as part of and within the boundary limits of a redevelopment agency project, as those boundaries existed on December 29, 2011, as an on-premises advertising display if it meets certain criteria, subject to an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area, upon a showing of good cause, as specified, to the department by the applicable city, county, or city and county. Existing law requires the advertising copy of these advertising displays within redevelopment agency boundary limits to advertise only the businesses or activities operating within those boundary limits, imposes other related display requirements, and requires a city, county, or city and county to annually certify to the department that these advertising copy requirements are met. Existing law requires that a redevelopment area advertising display be removed by January 1, 2023, or by the end of any applicable extension, unless it qualifies as a lawful display under the act, without the payment of any compensation to the owner or operator. This bill would, instead, treat an off-premises advertising display within the boundary limits of a redevelopment agency project, as detailed above, that meets the applicable criteria as an on-premises advertising display until January 1, 2026, would eliminate the authorization for an extension for good cause, would eliminate the requirements regarding advertising copy, and would eliminate the explicit requirement that the display be removed without compensation to the owner or operator.
Existing law establishes the New Motor Vehicle Board in the Department of Motor Vehicles, and requires the board to hear and decide certain protests presented by a motor vehicle franchisee in regard to a dispute with the vehicle manufacturer. Existing law prohibits a franchisor from engaging in specified proscribed business practices. A violation of the Vehicle Code is punishable as an infraction. This bill would prohibit additional acts, including allocating vehicles and parts inconsistent with specified standards. Existing law prohibits a licensed manufacturer, manufacturer branch, distributor, distributor branch, or affiliate from engaging in specified proscribed business practices, including establishing or maintaining a performance standard, sales objective, or program for measuring a dealer's sales, service, or customer service performance, unless specified requirements are satisfied. A violation of the Vehicle Code is punishable as an infraction. This bill would prohibit additional acts, including exercising a right of first refusal in bad faith and implementing or modifying a vehicle reservation system for the sale or lease of motor vehicles that does not comply with specified requirements. This bill would additionally provide that a licensed manufacturer, manufacturer branch, distributor, distributor branch, or affiliate is not unlawfully competing with a franchise by providing an update or repair of motor vehicle software over-the-air at no cost or by creating a new line of motor vehicles and using new or existing franchisees to sell and service those vehicles. The bill would also declare the severability of its provisions. Because a violation of these new provisions would be punishable as a crime, the bill would impose a state-mandated local program. The bill includes legislative findings and declarations and would make other conforming changes. 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 establishes the Air Quality Improvement Program, administered by the State Air Resources Board, for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. As part of the funding plan for the Air Quality Improvement Program, existing law requires the state board to include a 3-year investment strategy for zero- and near-zero-emission heavy-duty vehicles and equipment commensurate with meeting state greenhouse gas emissions reduction goals. Existing law provides for the regulation of insurance by the Department of Insurance, which is under the control of the Insurance Commissioner. This bill would require the department to implement specific data collections on the availability and affordability of insurance for heavy-duty trucks and truck fleets. The bill would require the department to issue a bulletin on or before February 1, 2024, to initiate the first data collection, and would require admitted insurers to respond on or before May 1, 2024. The bill would require the surveys and data calls to include specified information, including, among other things, whether an insurance company offers insurance for zero-emission truck options. The bill would require the information to be submitted to the commissioner and to be confidential, as specified. The bill would require the commissioner to publish the information in the aggregate, and would prohibit the identification of an individual respondent or insurer, except as specified. The bill would require the commissioner to establish and maintain a link on the department's internet website that provides public access to this aggregate information. This bill would require the department, in consultation with the State Air Resources Board, to create a consumer-focused online insurance information resource tool for the public to use to readily find information and insurance options for battery-powered, hydrogen-powered, or other zero-emission advanced truck technology to provide a "one-stop" for the public. The bill would also require the department, in consultation with the state board, to create a strategy, on or before January 1, 2025, to address insurance gaps for new heavy-duty truck technologies, as specified. 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.
Existing law requires an application for renewal of a driver's license to be made at an office of the Department of Motor Vehicles by the person to whom the license was issued. Existing law also requires renewal of a license to be under the terms and conditions prescribed by the department. This bill, until January 1, 2035, would authorize the Director of Motor Vehicles to establish a program to evaluate the traffic safety and other effects of renewing driver's licenses by virtual or other remote processes. The bill would prohibit the program from granting such a renewal to a person who is 70 years of age or older without a test of the eyesight of the applicant. The bill would also prohibit the department from renewing a license by virtual or other remote processes when the license has been previously renewed by that method or by mail 2 consecutive times for 5-year periods or if the applicant is 80 years of age or older. The bill would authorize the director to terminate the renewal by virtual or other remote processes at any time. The bill would require the department to provide a report on the program to the Legislature on or before January 1, 2034.
Existing law states the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined, have a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. Existing law requires educators, county placing agencies, care providers, advocates, and the juvenile courts to work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, as provided. Existing law authorizes the governing board of any school district to initiate and carry on any program, activity, or to otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which school districts are established. This bill would require a school district, county office of education, or charter school, if the local educational agency operates an intersession program, as defined, to grant priority access to foster children and homeless youth, as provided. The bill would, notwithstanding any other law, provide that if a foster child or homeless youth will be moving during an intersession period, the pupil's parent, guardian, educational rights holder, or Indian custodian, as defined, in the case of an Indian child, or, if there is no parent, guardian, educational rights holder, or Indian custodian, the unaccompanied homeless youth, as applicable, shall determine which school the pupil attends for the intersession period, if applicable. This bill would incorporate additional changes to Section 48853.5 of the Education Code proposed by AB 723 to be operative only if this bill and AB 723 are enacted and this bill is enacted last.
Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Under the act, the Department of Justice is responsible for investigating any violations of, and enforcing, the act. Existing law requires a person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law provides that an owner of a gambling enterprise is known as the owner-licensee. Under existing law, other persons who also obtain a state gambling license do not receive a separate license certificate, but instead the license of those persons are endorsed on the license certificate that is issued to the owner-licensee. Under existing law, a key employee license entitles the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another. Existing law also authorizes a key employee with a valid personal portable license to work as a key employee in any key employee position in more than one gambling establishment and requires the commission to establish a program for portable personal licenses for key employees. This bill would repeal those provisions relating to key employees working at different gambling establishments, would authorize the commission to adopt regulations to waive any application requirement for an applicant who already possesses a license in good standing, and would require the commission to adopt regulations, as specified, implementing a new owner license that allows for a person or entity to be endorsed on the license certificate of multiple gambling enterprises. Existing law requires a license issued by the commission to be renewed biennially. Under this bill, a license would be valid for a period of 2 years from the date of issuance. Under existing law, the purported sale, assignment, transfer, pledge, or other disposition of any security issued by a corporation that holds a gambling license is void unless approved in advance by the commission. Under existing law, a person who willfully violates any provision of the Gambling Control Act for which a penalty is not expressly provided is guilty of a misdemeanor. This bill would expand this prohibition to a membership interest of a limited liability company or ownership interest of a partnership or sole proprietor that holds a gambling license. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law prohibits a person to be employed as a gambling enterprise employee, or serve as an independent agent, unless the person is a holder of a work permit issued as specified. This bill would authorize a person with a work permit issued by the commission to act as a gambling enterprise employee, or serve as an independent agent, and entitle the holder of the work permit to work for any gambling enterprise for which the commission issues work permits as a gambling enterprise employee after proper notification to the department. The bill would make other conforming changes. 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 prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Existing law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Existing law makes a willful violation of this prohibition a crime. This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. The bill would authorize a public agency to enter into a contract with an independent contractor who is an officer for a later phase of the same project if the independent contractor did not engage in or advise on, as specified, the making of the subsequent contract. This bill would establish that a person who acts in good faith reliance on these provisions is not in violation of the above-described conflict-of-interest prohibitions and would prohibit them from being subject to criminal, civil, or administrative enforcement under those prohibitions if the initial contract includes specified language and the independent contractor is not in breach of those terms. The bill would provide that it is a complete defense in any criminal, civil, or administrative proceeding if the person acts in good faith reliance on these provisions, and meets specified conditions, but fails to include the specified language in the initial contract.