Existing law establishes a presumption that a person who willfully and intentionally fails to return a leased or rented vehicle to its owner within 5 days of the expiration of the agreement has embezzled the vehicle. Existing law requires a peace officer, upon receiving a report based on reliable information that a registered vehicle has been stolen, or that a leased or rented vehicle has not been returned within 5 days after its owner has made written demand for its return, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction. This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes. The bill would repeal its provisions on January 1, 2024.
Sponsored bills
Existing law establishes the Student Aid Commission as the state agency primarily responsible for the administration and coordination of student financial aid programs at California postsecondary educational institutions. Existing federal law establishes the Chafee Educational and Training Vouchers Program for purposes of providing financial aid to current and former foster youth who are attending qualifying postsecondary educational institutions. Existing law provides that the Student Aid Commission, through an interagency agreement with the State Department of Social Services, currently operates the program in California. Existing law authorizes the commission or the department, for the fiscal years 2018–19 to 2020–21, inclusive, to expend up to $80,000, of any moneys appropriated by the Legislature to expand the Chafee Educational and Training Vouchers Program age eligibility of former foster youth up to 26 years of age, for outreach to newly eligible former foster youth who are at least 23 years of age, but are not yet 26 years of age. Commencing with the 2021–22 award year, this bill would authorize the commission to make initial award offers of up to 200% of total state and federal program funding available for all awards, with the number of initial award offers and the amount of the award to be determined based on the historical rate of award acceptance. The bill would require the commission to make award offers contingent upon available funding. The bill would authorize the commission to adjust or withdraw offers to ensure that awards do not exceed available program funding. The bill would also require the commission to advise award offer recipients that offers may be withdrawn or adjusted before payment and that awards are payable to eligible students only if funding is available. This bill would impose certain requirements on a student who fails to demonstrate satisfactory academic progress, as defined by the institution where the student is enrolled, to maintain Chafee grant eligibility, and would take away Chafee grant eligibility from a student who fails to demonstrate satisfactory academic progress, as specified. The bill would require that institutions provide an appeal process in writing and reinstate the student's Chafee grant when certain conditions are met. The bill would also provide that a student who loses Chafee eligibility and subsequently is not enrolled for one or more terms shall regain eligibility upon reenrollment. The bill would require the California Community Colleges and the California State University, and would request the University of California, to provide all Chafee grant recipients, upon release of the first payment, with information regarding available support services on campus and the process for completing an educational plan and, in that notification, to strongly encourage Chafee grant recipients to avail themselves of those services if they have not already done so. To the extent that the bill would impose new duties on community college districts, it would constitute a state-mandated local program. This bill would limit the duration of receipt of a Chafee award to 5 years, which would not be required to be consecutive. The bill would prohibit an institution from requiring any other eligibility criteria for a Chafee grant than those described in this bill and in specified federal law. 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, the Seymour-Campbell Student Success Act of 2012, provides that the purpose of the act is to increase California community college student access and success by providing effective core matriculation services of orientation, assessment and placement, counseling, other education planning services, and academic interventions. Existing law establishes the Student Equity and Achievement Program and requires a district, as a condition of the receipt of funds under the program, to comply with specified requirements, including the maintenance of a student equity plan to ensure equal educational opportunities and promote student success for all students, regardless of race, gender, age, disability, or economic circumstances. This bill would authorize the use of funding for the Student Equity and Achievement Program for the provision of emergency student financial assistance to eligible students to overcome unforeseen financial challenges that would directly impact a student's ability to persist in the student's course of study, as specified, if emergency student financial assistance is included in an institution's plan for interventions to students.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, a credit for qualified taxpayers, defined as the person responsible for planting a crop, managing the crop, and harvesting the crop from the land, in an amount equal to 15% of the qualified value of fresh fruits or vegetables donated to a food bank. This bill, under both laws, would expand the credit to apply to the donation of qualified donation items, defined as raw agricultural products or processed foods. The bill would expand the definition of qualified taxpayer to include the person responsible for growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item but would exclude a retailer, as defined, from that expanded definition. The bill would apply these provisions to taxable years beginning on or after January 1, 2020. This bill would take effect immediately as a tax levy.
This measure would designate June 2019 as Second Chances Month in California, highlighting existing services and events to support reentry from incarceration.
This measure would proclaim September 29, 2019, as Gold Star Mothers' and Families' Day in California.
This measure would designate October 20, 2019, and each 20th day of October thereafter, as Leyte Landing Commemoration Day in recognition of the significance of the Leyte landing in liberating the Philippines from Japanese occupation and would also honor the significant contributions to California made by generations of Filipino Americans since that time.
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 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 items and materials when used to modify a vehicle for physically handicapped persons. Existing law also exempts from those taxes, in the case of a sale of a modified vehicle for physically handicapped persons to a disabled person who is eligible to be issued a distinguishing license plate or placard for parking purposes, the gross receipts attributable to that portion of the vehicle that has been so modified. Existing regulations implementing those provisions provide that physically handicapped persons include disabled persons, as specified, which existing law defines as, among others, persons with a diagnosed disease or disorder which substantially impairs or interferes with mobility. Existing federal law provides various benefits to disabled veterans, including assistance with the purchase of an automobile and adaptive equipment. Existing federal law defines an eligible person, for purposes of that benefit, as, among others, certain veterans with specified disabilities, including a severe burn injury, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service. Existing federal regulations implementing those provisions define severe burn injuries as deep partial thickness or full thickness burns resulting in scar formation that cause contractures and limit motion of one or more extremities or the trunk and preclude effective operation of an automobile. This bill, on and after July 1, 2020, and before July 1, 2030, would specify that, for purposes of the exemptions described above, physically handicapped persons include eligible persons with a severe burn injury, as those terms are defined in existing federal 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. 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. This bill would take effect immediately as a tax levy.
The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation, and requires that the State Bar administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services, as specified. Existing law also requires the State Bar to engage with local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys in providing these services. This bill would instead require the State Bar to engage with military service providers, along with the other legal aid organizations, veteran service providers, and volunteer attorneys described above, to provide legal services to veterans and service members and their families who otherwise cannot afford legal services, and collaborate to improve access to and delivery of these services throughout the state. The bill would revise these provisions to include legislative findings on, among other things, the difficulty of veterans, service members, and their families in securing civil legal assistance.
This measure would proclaim the month of May 2019 as Music Changing Lives Month.