Existing law provides that a party's absence, relocation, or failure to comply with custody and visitation orders is not, by itself, sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure is the party's activation to military service and deployment out of state. This bill would apply this provision to cases in which a party's absence, relocation, or failure to comply is due to the party's activation to military service, mobilization in support of combat or other military operation, or military deployment out of state, as defined. The bill would authorize the court to issue a temporary order for custody and visitation for the period in which the party will be deployed, mobilized, or on temporary duty, as specified, and would establish a presumption that, upon the return of that party, the order shall revert back to the custody order that was in place prior to the modification. The bill would further authorize the court to grant reasonable visitation rights to a stepparent, grandparent, or other family member if the court finds a preexisting relationship, as specified, that the visitation would facilitate the child's contact with the party who is deployed, mobilized, or on temporary duty, and the court balances the interest of the child in having visitation with the family member against the right of the parents to exercise parental authority. The bill would require the court to order an expedited hearing or allow the party who is deployed, mobilized, or on temporary duty to present evidence and participate in court-ordered custody mediation by electronic means under specified circumstances.
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Existing law requires the State Department of Public Health to establish, by January 1, 2010, and until January 1, 2015, the Umbilical Cord Blood Collection Program for the purpose of increasing the amount of umbilical cord blood that is donated in the state and that will be added to the national inventory. Existing law authorizes the department, to the extent private or public funds are identified for this purpose, to contract with blood banks that are licensed or accredited to provide umbilical cord blood banking storage services, for the purpose of collecting and storing umbilical cord blood. This bill would, instead, request the University of California to establish and administer the Umbilical Cord Blood Collection Program on or before July 1, 2011, to conclude no later than January 1, 2018, for the purpose of collecting units of umbilical cord blood for public use, as defined, for transplantation and for providing nonclinical units for specified research. Existing law provides that any funds made available for purposes of the program shall be deposited into the Umbilical Cord Blood Collection Program Fund. Existing law provides that moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of the program. Existing law provides that the fund shall include any federal, state, and private funds made available for purposes of the program. Existing law requires the collection of a $7 fee for certified copies of birth certificates. Under existing law, $4 of the $7 fee is allocated to either the county Children's Trust Fund or to the State Children's Trust Fund, which exists in the State Treasury. Existing law requires that the money in the State Children's Trust Fund, upon appropriation by the Legislature, be allocated to the State Department of Social Services for the purpose of funding child abuse and neglect prevention and intervention programs, as specified. This bill would, instead, until January 1, 2018, require the collection of a $9 fee for certified copies of birth certificates and require that $2 of any $9 fee be paid to the Umbilical Cord Blood Collection Program Fund. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for tribal customary adoption as one placement option for Indian children. Existing law requires that, in all cases prior to final approval of the tribal customary adoptive placement, a state and federal criminal background check through the Department of Justice shall be conducted on the prospective tribal customary adoptive parents and on persons over 18 years of age residing in their household. Existing law provides that if the tribe chooses a designee to conduct the home study, the designee shall perform that background check. Existing law requires a tribal designee to be an entity that is authorized to request that information from the Department of Justice. If the tribe chooses to conduct its own home study, the agency that has the placement and care responsibility of the child shall perform the state and federal criminal background check. This bill would make technical and clarifying changes to those provisions.
Existing law, generally, imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, until taxable years beginning on or after January 1, 2018, exempt a corporation and a limited liability company that are small businesses solely owned by a deployed member of the United States Armed Forces, as specified, from paying the minimum franchise tax, or the annual tax, for the privilege of doing business in this state if the corporation or limited liability company ceases operation or operates at a loss, as defined. This bill would take effect immediately as a tax levy.
Existing law provides that any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, as specified, with the intent to defraud, is guilty of an infraction. This bill would instead provide that the offense is a misdemeanor, or in the case where the person committing the offense is a veteran of the Armed Forces of the United States, an infraction or a misdemeanor, as specified, and would exempt face-to-face solicitations involving less than $10. The bill would incorporate additional changes in Section 19.8 of the Penal Code proposed by AB 451 and AB 1675, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. By increasing the penalty for an existing offense, this 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 no reimbursement is required by this act for a specified reason.
(1) Existing law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. The department is prohibited from duplicating or adopting conflicting regulations for regulated product categories. A violation of the hazardous waste control law is a crime. This bill would prohibit a person from manufacturing, selling, offering for sale, or offering for promotional purposes in this state, glass beads that contain more than a specified amount of arsenic or lead, if those glass beads will be used with certain types of blasting equipment. The bill would require each container or bag of glass beads sold for surface preparation to be labeled in a specified manner. The bill would prohibit these glass beads from being considered as a product category subject to those chemicals of concern regulations. The bill would repeal these prohibitions and requirements on January 1, 2015. Since a violation of these requirements would be a crime, the bill would impose a state-mandated local program. (2) 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, until January 1, 2014, allows certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for contracting on transportation projects, as specified. This bill would authorize the Riverside County Transportation Commission, if authorized by the commission, to utilize this design-build procurement process for the State Route 91 Corridor Improvements Project on the state highway system. The bill would make the Department of Transportation responsible for the performance of construction inspection services for the project, as specified, and would require the commission to report on the progress of the project and related matters to specified legislative committees. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides that the Attorney General shall establish and maintain the Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law provides that the Attorney General shall establish the Missing and Exploited Children's Recovery Network which shall consist of an automated computerized system that shall have the capability to electronically transmit information pertaining to missing children to all state and local law enforcement agencies, as specified. This bill would provide that within the Department of Justice there shall be a director responsible for coordinating California's response to missing persons. The bill would establish this position for the purposes of assisting law enforcement agencies with the timely search and recovery of at-risk abducted children, maintaining up-to-date knowledge and expertise of those protocols, best practices, and technologies that are most effective for recovering missing children, maintaining relationships with law enforcement agencies and other entities responsible for the investigation of missing persons, maintaining records, and making the Commission on Peace Officer Standards and Training Guidelines for Handling Missing Persons Investigations document available to law enforcement agencies upon request.
Existing law requires the Attorney General to establish and maintain a Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law also requires the Attorney General to provide information on reports of missing persons to law enforcement agencies, as provided. This bill would require the Violent Crime Information Center to make accessible to the National Missing and Unidentified Persons System specific information authorized for dissemination and as determined appropriate by the center that is contained in law enforcement reports regarding missing or unidentified persons to the National Missing and Unidentified Persons System to assist in the search for the missing person or persons. Existing law imposes certain requirements on law enforcement agencies with respect to the reporting of missing persons. Under existing law, if the person reported missing is under 16 years of age, or there is evidence that the person is at risk, as defined, the local police, sheriff's department, or the California Highway Patrol is required to submit the report to the Attorney General's office within 4 hours after accepting the report. Existing law authorizes the governing body of a local agency to adopt a resolution to make these provisions inoperative as to the local police or sheriff's department under its jurisdiction, as specified. This bill would, subject to the authority of the local governing body to adopt a resolution to make the provisions inoperative as to its police or sheriff's department, provide that if the person reported missing is under 21 years of age, or if there is evidence that the person is at risk, the law enforcement agency receiving the report shall, within 2 hours after the receipt of the report, transmit the report to the Department of Justice for inclusion in the Violent Crime Information Center and the National Crime Information Center databases. The bill would provide that its provisions shall become operative on January 1, 2012.
Existing law requires that the Attorney General establish and maintain within the Violent Crime Information Center an investigative support unit to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. This bill would require the investigative support unit to make available, within 2 hours of a reported stranger abduction of a child, a list of persons required to register as sex offenders based on the method of operation, if available, of the sex offenders or the specified geographical location from which the child was taken. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Under existing law, the commission is required to develop and implement training for peace officers relative to certain areas of criminal law or procedure. This bill would require the department to make accessible to law enforcement agencies, via a department bulletin and the California Law Enforcement Web, the commission's "Guidelines For Handling Missing Persons Investigations" or any subsequent similar guidelines created by the commission, relating to the investigation of missing persons. The bill would also require law enforcement agencies, by January 1, 2012, to adopt a checklist document directing peace officers on investigation guidelines and resources available to them in the early hours of a missing person investigation; to adopt a policy, regulations, or guidelines on missing persons investigations that are consistent with state and federal law; and to utilize the department's missing person reporting form for the initial contact with the parent or family member reporting a missing person. Because the bill would impose new duties on local agencies with respect to missing person investigations, the bill would create 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.