Asm. Diane L Harkey

This measure would acknowledge that the State of California made a grievous mistake that injured loyal employees who were dedicated to serving the people of California when it dismissed over 300 Americans of Japanese ancestry as a result of Senate Concurrent Resolution 15 (SCR 15) of 1942 by Senator John Swan. This measure would resolve to issue a public apology to the state civil service employees who were dismissed.

Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law provides various circumstances that constitute sodomy against an individual's will, including an act accomplished with an individual who is not the spouse of the perpetrator where the individual submits under the belief that the individual committing the act is the victim's spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would instead provide that these types of rape and sodomy occur where the person submits under the belief that the person committing the act is someone known to the victim other than the accused. By expanding the definition of a crime, 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.

This bill would recognize June 25, 2013, and every June 25th thereafter as United States Korean War Veterans Day.

This measure would recognize the month of September every year as California Native American Heritage Month, would encourage Californians to participate in appropriate observances that celebrate and commemorate California Native Americans, and would applaud and encourage the observance of California Indian Nations for their outstanding contributions to this state.

This measure would recognize the month of September 2013, and each September thereafter, as Sickle Cell Anemia Awareness Month in California, and would urge the Congress of the United States to support the President's continuation of funding for sickle cell anemia centers and research and to make sickle cell anemia and other genetic hemoglobin disorders a public health priority.

This measure would designate November 2013 as California Sikh American Awareness and Appreciation Month. It would recognize and acknowledge the significant contributions made by Californians of Sikh heritage to the state and afford all Californians the opportunity to understand, recognize, and appreciate the rich history and shared principles of Sikh Americans.

This measure would declare August 2013 as Valley Fever Awareness Month.

Existing law requires, for specified estates, a tax clearance certificate issued by the Franchise Tax Board certifying that all taxes have been paid or secured as required by law, before a probate court allows the final account of the fiduciary. Existing law prohibits a deduction from being allowed for amounts attributable and taxable to nonresident beneficiaries if the fiduciary fails to obtain a tax clearance certificate, as specified. This bill would eliminate the tax clearance certificate requirement related to the final account of the fiduciary and related provisions. This bill would also eliminate the tax clearance certificate requirement related to that deduction for taxable years beginning on or after January 1, 2014.

Existing law authorizes, to the extent permitted by federal law, members of the United States Military Reserve and National Guard who are called to active duty as a result of the Iraq or Afghanistan conflicts, to defer payments on mortgages, credit cards, retail installment accounts and contracts, real property taxes and assessments, and vehicle leases for the period of active duty, plus 60 calendar days, or 180 days, whichever is the lesser, as specified. Existing law also requires any entity that was providing any type of health care coverage to a member of the United States Military Reserve or National Guard who is called to active duty as a result of the Iraq or Afghanistan conflicts to reinstate the health care coverage without waiting periods or exclusion of coverage for preexisting conditions, and makes a violation of this requirement subject to enforcement under the Knox-Keene Health Care Service Plan Act of 1975, a willful violation of which is a crime. Existing law also provides that a spouse or legal dependent, or both, of a member is entitled to the benefits accorded to a member, if the member is eligible for those benefits. This bill would extend those deferral provisions and reinstatement of health care coverage provisions to a reservist, as defined, who is called to active duty on and after January 1, 2014, and to a spouse or legal dependent, as specified. This bill would also authorize the deferral of payments on any obligations owed to a utility company. The bill would limit the deferment period on financial obligations to not more than 180 days within a 365-day period. This bill would also require a copy of the activation or deployment orders and any other information that substantiates the duration of the service member's military service to be delivered to an obligor in order for an obligation of a reservist to be deferred, as provided. This bill would expand the scope of an existing crime by requiring a reservist to provide information under the penalty of perjury, and by making violations of the reinstatement of health care coverage for reservists requirement subject to enforcement under the Knox-Keene Health Care Service Plan Act of 1975, thereby imposing a state‑mandated local program. This bill would additionally impose a state‑mandated local program by imposing new duties upon local tax officials with respect to the deferral of any payment of property tax or any special assessment. 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 designate Monday, May 6, 2013, as California Peace Officers' Memorial Day, urge all Californians to use that day to honor California peace officers, and recognize specified California peace officers who were killed in defense of their communities.