(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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Existing law makes it a crime for a parent or guardian of a minor child to willfully omit, without lawful excuse, clothing, food, shelter, or medical care for the child. Existing law also makes it a crime for a parent or guardian to desert a child under 14 years of age with the intent to abandon him or her. This bill would make it a felony for a parent, guardian, or caregiver having the care, custody, and control of a child under 18 years of age to knowingly fail to report the child's death and the location of the child's remains to law enforcement, emergency medical personnel, or the coroner within 2 hours of the discovery of the child's death or as soon as possible thereafter if reasonable and expedient means to notify were not previously available. This bill would provide that the reporting requirement described above is fulfilled if the child dies in a hospital or other medical care facility or under the care of a licensed medical professional. The bill would further make it a felony for a parent, guardian, or caregiver having the care, custody, and control of a child under 12 years of age to knowingly fail to report the child's disappearance to law enforcement within 48 hours of the child's disappearance or as soon as possible thereafter if reasonable and expedient means to notify were not previously available. By creating new crimes, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides that a person is competent to act as a grand juror only if he or she possesses specified qualifications. Existing law specifies the exemptions and excuses which relieve a person from liability to serve as a grand juror. The jury commissioner is required to inquire into the qualifications of prospective grand jurors and return a list of recommended grand jurors to the court. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual, except when made by the court for want of qualification, as prescribed. This bill would provide that, notwithstanding the above provisions, a grand juror who is a current employee of, or a former or retired employee last employed within the prior 3 years by, an agency within the investigative jurisdiction of the civil grand jury shall inform the foreperson and court of that fact and shall recuse himself or herself from participating in any grand jury civil investigation of that agency, including any discussion or vote concerning a civil investigation of that agency. The bill would provide that this provision shall be in addition to any local policies or rules regarding conflict of interest for grand jurors.
Existing law authorizes a court to issue an injunction enjoining a party from certain acts and behaviors in a variety of circumstances, including in cases of harassment, workplace violence, potential violence at a postsecondary school campus, domestic violence, child abuse, and elder abuse. Existing law permits a court to terminate or modify these protective orders, which may include stay-away and residence exclusion orders, on written stipulation filed with the court or on the motion of a party. This bill would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice, as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.
Under existing law, the California Horse Racing Board is responsible for adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering, as well as enforcing all laws, rules, and regulations dealing with horse racing and parimutuel wagering. Existing law establishes a California Standardbred Sires Stakes Program for standardbred horses, including harness horses, bred in this state. Existing law defines a "California-bred standardbred horse" as a standardbred foal conceived in California by a stallion registered with the California Standardbred Sires Stakes Program. Existing law requires that California standardbred sires stakes races be scheduled for 2-year-old and 3-year-old trotters and 2-year-old and 3-year-old pacers at the discretion of the California Standardbred Sires Stakes Committee, except as specified. Existing law requires that base purses for each set of races, as defined, conducted during any given year at any race meeting be determined by the committee and requires that those purses be equal for all 2-year-old and 3-year-old races regardless of sex and gait, except that, if divisions are raced, the base purse for each division shall be no less than 75% of the original base purse and, if elimination heats are raced, the base purse shall be determined by the committee. This bill would revise the definition of a California-bred standardbred horse to delete the requirement that the standardbred foal be conceived in California. The bill would also delete the requirement that base purses for each set of races be equal for all 2-year-old and 3-year-old races regardless of sex and gait, including the exception described above requiring a minimum base purse of 75% of the original base purse if divisions are raced, and instead require that all base purses for each set of races conducted during any given year at any race meeting be determined by the committee. Existing law prohibits any person from altering or counterfeiting, or attempting to alter or counterfeit, any parimutuel ticket. The bill would make a technical, nonsubstantive change to that provision.
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.
Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran, ex-serviceman, or member of the Armed Forces of the United States in connection with specified acts. 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, with the intent to defraud, is guilty of 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. Existing law requires certain elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2005, that involves a false claim of receipt of a military decoration or medal described in that act. This bill would provide that the above provisions shall be known as the California Stolen Valor Act. The bill would require that the elected officers described above additionally forfeit their office upon conviction of any of the crimes specified in the California Stolen Valor Act.
Existing law provides that if a court finds that a person has, in bad faith, wrongfully taken, concealed, or disposed of property belonging to the estate of a decedent, conservatee, minor, or trust, the person is liable for twice the value of the property. This bill would also establish liability for a person who has taken, concealed, or disposed of property, as described above, by use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined.