The Z'Berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection, and approved. The act provides that a timber harvesting plan is effective for a period of not more than 3 years, unless extended as specified. The act provides that a timber harvesting plan, on which work has commenced but not been completed, may be extended by amendment for a one-year period in order to complete the work, up to a maximum of 2 one-year extensions if 2 requirements are met. The act requires the notice of extension to include the circumstances that prevented a timely completion of the work under the plan and an agreement to comply with the specified law, rules, and regulations as they exist on the date the extension notice is filed. This bill would allow an extension of a timber harvesting plan, on which timber operations have commenced but not been completed, by amendment for up to a maximum of 4 additional one-year extensions, if those 2 requirements are met, and in addition, the plan expired in 2008 or 2009, and the notice of extension includes written certification by a registered professional forester that listed species have not been discovered in the logging area of the plan since approval of the plan and significant physical changes to the harvest area or adjacent areas have not occurred since the plan's cumulative impacts were originally assessed. The bill would authorize an extension by amendment for a plan approved on or after January 1, 2010, to December 31, 2011, inclusive, of up to a maximum of 2 2-year extensions if, in addition to the 2 requirements, the department finds that listed species have not been discovered in the logging area of the plan since approval of the plan and significant physical changes to the harvest area or adjacent areas have not occurred since the plan's cumulative impacts were originally assessed. If the department is not able to make those findings, the department would be authorized to consider an amendment to the plan and, if approved, to grant an extension. This bill would repeal these provisions as of January 1, 2012.
Sponsored bills
Existing law permits a voter to request a recount in an election, other than a statewide election, within 5 days after the election date by filing a request with the elections officials who conducted the election. This bill would permit a voter to request a recount in an election conducted in more than one county, but not statewide, within 5 days beginning on the 29th day after the election. Because the bill would change duties of local elections officials, it 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, 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.
(1) Existing law requires the operator of an off-highway motor vehicle to be able to reach and operate all controls necessary to safely operate the vehicle. This bill would prohibit a parent or guardian of a child who is under 14 years of age, or an adult who is authorized by the parent or guardian to supervise that child, from granting permission to, or knowingly allowing, that child to operate an off-highway motor vehicle in a manner that violates the above-described requirement. By creating a new crime, the bill would impose a state-mandated local program. The bill would require a court, upon a first conviction, to impose a fine of $35. The bill would also impose fines upon a 2nd or subsequent conviction. (2) Existing law requires the clerk of a court in which a person was convicted of a violation of the Vehicle Code to prepare within 5 days after conviction and immediately forward to the Department of Motor Vehicles an abstract of the record of the court covering the case in which the person was so convicted. This bill would expand the Vehicle Code violations that the clerk of a court is required to report to the department to include violations of special regulations with respect to operating a vehicle on public lands, local ordinances prohibiting entry into mountain fire districts, proper supervision requirements for a child under 14 years of age operating an off-highway vehicle, and proper supervision requirements for a child under 14 years of age operating an all-terrain vehicle. (3) Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver's record for purposes of the suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point count. This bill would expand the list of violations that do not result in a violation point count to include violations of special regulations with respect to operating a vehicle on public lands, local ordinances prohibiting entry into mountain fire districts, proper supervision requirements for a child under 14 years of age operating an off-highway vehicle, and proper supervision requirements for a child under 14 years of age operating an all-terrain vehicle. (4) 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 makes it unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway and provides that it is prima facie evidence of a violation of this provision for any person to enter upon any vehicular crossing without either lawful money of the United States in the person's immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that person or a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls. A violation of these provisions is an infraction. This bill would require an issuing agency that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods and provide certain publicly available information on how pay-by-plate toll payment works. The bill would additionally provide that, for vehicular crossings and toll highways where the issuing agency permits pay-by-plate toll payment of tolls and other charges in accordance with policies adopted by the issuing agency, it is prima facie evidence of a toll evasion violation for a person to enter the vehicular crossing or toll highway without at least one of the following: (A) lawful money of the United States in the person's immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that person, or (B) a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls, or (C) valid California vehicle license plates properly affixed to both the front and rear of the vehicle in which that person enters onto the vehicular crossing or toll highway. Where electronic toll collection is the only other method of paying tolls or other charges, the bill would provide that it is prima facie evidence of a toll evasion violation for a person to enter the vehicular crossing or toll highway without either (i) a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls, or (ii) valid California vehicle license plates properly affixed to both the front and rear of the vehicle in which that person enters onto the vehicular crossing or toll highway. (2) Existing law provides that the officer or person authorized to issue a notice of toll evasion violation is not required to participate in an administrative review of the toll evasion violation and that the issuing agency is not required to produce any evidence other than the notice of toll evasion violation or a copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement under penalty of perjury from the person reporting the violations. Under existing law perjury is a crime. This bill would require instead, for a toll evasion violation that occurs on a vehicular crossing or toll highway where the issuing agency allows pay-by-plate toll payment, that the required evidence consisting of a statement be from the officer or person authorized to issue a notice of toll evasion and include a statement that the tolls or other charges and any applicable fee were not paid in accordance with the issuing agency's policies for pay-by-plate toll processing and payment. The bill would not require that this statement be made under penalty of perjury. The bill would require that any officer or person who knowingly provides false information pursuant to this provision be subject to a civil penalty for each violation in the amount of $250 up to a maximum amount of $2,500. The bill would also authorize any public prosecutor to bring an action for a civil penalty in the name of the people of the State of California. (3) Existing law requires that any information obtained through the use of automated devices shall not be used for any purpose other than to identify, and obtain the mailing address information of, toll evasion violators, to facilitate the serving of notices of toll evasion violations and notices of delinquent toll evasion violations. This bill would additionally provide that this information shall not be used for any purpose other than to identify, and obtain the mailing address information of, persons entering a vehicular crossing and toll highway where pay-by-plate toll payment is permitted by the toll operator to facilitate the collection of tolls. (4) The bill would make other technical, nonsubstantive, and conforming changes to these provisions. Because the bill would create new crimes, the bill would impose a state-mandated local program. (5) 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 measure would designate the month of October 2009 as Extended Opportunity Programs and Services Month to honor the mission and purposes of the Extended Opportunity Programs and Services.
Existing law requires the Governor to proclaim various days as holidays and days of remembrance. Existing law also designates certain days in each year as having special significance for purposes of encouraging schools to observe those days and conduct suitable commemorative exercises. This bill would require the Governor to annually proclaim March 30 of each year as "Welcome Home Vietnam Veterans Day." The bill would additionally encourage schools to conduct exercises on March 30 of each year to recognize the contributions of those involved in the Vietnam conflict.
This measure would make various statements regarding the importance of New United Motor Manufacturing, Inc. (NUMMI) to the California economy and would declare the necessity for the Legislature to utilize its vested powers to keep NUMMI in California.
This measure would proclaim October 23 to October 31, 2009, inclusive, as Red Ribbon Week, and would encourage all Californians to help build drug-free communities and participate in drug prevention activities.
This measure would recognize the importance of California Native American Day, celebrated this year on September 25, 2009, and the concurrent California Indian Cultural Awareness Conference to the enhancement of awareness of California Indian culture.
This measure would designate the month of October 2009, and every October thereafter, as Italian American Heritage Month. This measure would encourage public schools to highlight and include Italian American achievements and contributions to the culture of California and to take steps to promote the inclusion of the role and contributions of Italian Americans to the culture and history of California and the United States in elementary and secondary social science textbooks during the revision process for those textbooks.