Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill would prohibit the state board from requiring a gasoline dispensing facility that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
The State Building Construction Act of 1955 generally sets forth procedures for the acquisition and construction of state buildings. Existing law requires the Department of General Services to prepare plans and specifications for any public building constructed pursuant to the act. This bill would require, notwithstanding any other provision of law, the department to consider specified factors in selecting a location for the lease, lease with the option to purchase, construction, or purchase of a state building in excess of 10,000 square feet.
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 also encourage schools to conduct exercises on March 30 of each year to recognize the contributions of those involved in the Vietnam conflict.
(1) The California Children and Families Act of 1998, an initiative measure, requires that the California Children and Families Program, established by the act, be funded by certain taxes imposed on the sale and distribution of cigarettes and tobacco products and be deposited into the California Children and Families Trust Fund, and that the fund be used for the implementation of comprehensive early childhood development and smoking prevention programs. Existing law specifies that specified percentages of moneys allocated and appropriated from the trust shall be deposited in various accounts for expenditures by the California Children and Families Commission, also known as First 5 California, for various subjects relating to, and furthering the goals and purposes of, the act. Existing law prohibits amendment of this initiative measure by the Legislature unless the amendment is approved by the voters, or the amendment is accomplished by a vote of 23 of the membership of both houses of the Legislature and the amendment furthers the act and is consistent with its purposes. This bill, subject to voter approval, would eliminate those percentages for allocations to various accounts and would, instead, provide that those funds, with specified exceptions, shall be transferred to the General Fund for appropriation by the Legislature for purposes of the Healthy Families Program and the Medi-Cal program. The bill would provide for the distribution, as prescribed, of funds held by county children and families commissions and by the California Children and Families Commission that remain unencumbered on the date that the bill's provisions are approved by the voters. This bill would abolish the California Children and Families Commission and the county children and families commissions, effective 90 days after the bill is approved by the voters, and would repeal related obsolete provisions. This bill would require that its provisions be submitted to the voters for approval at the next statewide election. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law regulates the taking or possession of birds, mammals, fish, amphibians, and reptiles. Under existing law, the Department of Fish and Game performs various functions with regards to the taking of fish and game. Existing law generally provides that a violation of fish and game laws is a crime. This bill would provide that the taking of birds by a public use airport certificated by the Federal Aviation Administration operating in the state pursuant to a federal depredation permit, does not violate state fish and game laws if the taking is in compliance with that permit and the taking occurs on land owned or leased by the airport that is not habitat mitigation or conservation land, and there is no taking of a fully protected, candidate, threatened, or endangered species. The bill would specify that a taking is only authorized to relieve or prevent injurious situations affecting public safety and can only be performed as part of an integrated wildlife management program that emphasizes nonlethal management techniques. The bill would require the airport to provide to the department all federal depredation permits and all federal reports required pursuant to any federal depredation permit or wildlife hazard management plan, or both, and to provide the department reasonable access to ensure compliance. The bill would require the department to seek reimbursement from the airport for the reasonable costs associated with activities resulting from any violations of these provisions.
(1) Existing law requires all manufacturers of ignition interlock devices that meet specified requirements and are certified in a manner approved by the Department of Motor Vehicles, that intend to market the devices in this state, to first apply to the department on forms provided by the department and to pay an accompanying fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out those provisions. This bill would require a manufacturer and a manufacturer's agent, certified by the department to provide ignition interlock devices, to provide each year to the department information on the number of false positives and the time to reset the device. The bill would also require the department to use this information in evaluating the continued certification of an ignition interlock device. (2) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2016, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would prohibit the implementation of the pilot program if the department fails to obtain, by January 31, 2010, nonstate funds for the programming costs of the pilot program. The bill would set up a statutory scheme under which the department would, with regard to the installation of an ignition interlock device described above, notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records. The bill would also require that manufacturers and manufacturer's agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender's ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program. On or before January 1, 2015, the department would be required to report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time driving under the influence violations and repeat offenses in those counties. (3) This bill would require that it become operative only if SB 598 of the 2009–10 Regular Session becomes operative on or before January 1, 2010. (4) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime. (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.
(1) Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for tolls and other charges prescribed by the California Transportation Commission. Under existing law, it is unlawful to refuse to pay, or to evade or attempt to evade the payment of, tolls or other charges on any vehicular crossing, as defined, or toll highway. A violation of those provisions is a crime. This bill would, except as specified, exempt authorized emergency vehicles, as defined, from payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, under specified conditions, including, but not limited to, when the vehicle is being driven while responding to or returning from an urgent or emergency call, engaged in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. The bill would require, upon information and belief of the toll operator that an authorized emergency vehicle is not in compliance with these provisions, the fire chief, police chief, county sheriff, head of the public agency, or his or her designee, upon the written request of the owner or operator of the toll facility, to provide or otherwise make accessible to the toll operator the dispatch records or log books relevant to the time period when the vehicle was in use on the toll highway or vehicular crossing. By imposing new duties on local entities, this 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 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.
Under existing law, it is a misdemeanor for any person to loiter after being asked to leave, as specified, about any school or public place at or near which children attend or normally congregate. Existing law establishes enhanced misdemeanor penalties, including minimum penalties, for this crime if the person is required to register as a sex offender. This bill would provide enhanced penalties for this crime if the person is required to register with the chief of police or sheriff for committing any of specified criminal street gang offenses. Because the bill would increase the penalties for an existing crime, the 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.
Existing law provides for the establishment and operation of certain state-owned and operated veterans' cemeteries. Existing law authorizes honorably discharged veterans and their spouses and children to be interred at these cemeteries, and provides for a fee to be charged for each spouse or child interred at the cemetery, as specified. This bill would authorize the fee for the interment of the spouses and children of honorably discharged veterans in these cemeteries to be waived if the cemetery administrator determines that the families of the spouses or children do not have sufficient means to pay for the costs of interment, and would require any costs for these interments to be paid from nonstate funds. This bill would require the cemetery administrator to seek reimbursements, as specified, and would authorize the cemetery administrator to solicit private donations, to offset any fees lost as a result of this fee waiver.
Existing law provides that the crime of being a spectator at a dog fight is a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or by both that imprisonment and fine. This bill would increase the penalty for the crime of being a spectator at a dog fight to imprisonment in a county jail not to exceed one year, or a fine not to exceed $5,000, or both that imprisonment and fine. Because it would impose local incarceration costs 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.