Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. The CalWORKs program also provides a nonrecurring special needs benefit for permanent housing assistance to pay for last month's rent and security deposits, up to 2 months of rent arrearages, or standard costs of deposits for utilities, as specified. Existing law requires payments to providers for temporary shelter and permanent housing and utilities to be made on behalf of the families requesting these payments. Existing law prohibits payments from being made to a housing provider unless it is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. This bill, commencing July 1, 2019, would remove the requirement that a person in the business of renting properties have a history of renting properties in order to receive payments and would additionally authorize payments to a housing provider with which the families requesting assistance have executed a valid lease, sublease, or shared housing agreement. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program. This bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction from the Director of Social Services until final regulations are adopted, and would require the department to adopt emergency regulations on or before July 1, 2020. 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 continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill.
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(1) The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents, and provides rebuttable presumptions as to the parentage of a child born under certain circumstances. The Uniform Act on Blood Tests to Determine Paternity provides the procedures for the use of genetic testing, as defined, to determine paternity. This bill would delete the name of the Uniform Act on Blood Tests to Determine Paternity and would revise and recast provisions relating to establishing a parent and child relationship to, among other things, refer instead to genetic testing and parentage. The bill would revise the presumptions and procedures for establishing and challenging parentage based on a genetic or nongenetic relationship with a child, including to modify the procedures for genetic testing for parentage. The bill would authorize the court to apply existing standards for awarding attorney's fees and costs in actions related to marriage and child custody and visitation to awarding fees and costs in actions related to determining a parent and child relationship. This bill would, beginning on January 1, 2020, modify the procedures and requirements under which a voluntary declaration of parentage may be established and challenged. (2) Existing law requires the State Department of Public Health to license and regulate tissue banks, which process, store, or distribute human tissue for transplantation into human beings. This bill would define gamete bank as a tissue bank that collects, processes, stores, or distributes gametes, including a facility that provides reproductive services. The bill would require a gamete bank licensed in this state, for gametes collected on or after January 1, 2020, to collect specified identifying information and medical information, as defined, from a gamete donor, to provide the gamete donor with specified information, and to obtain a declaration from the gamete donor regarding the disclosure or nondisclosure of his or her identity to a child that results from the donation, upon the child turning 18 years of age and requesting the information.
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law authorizes the Director of Fish and Wildlife to close the drift gill net shark and swordfish fishery if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and mako shark resources and requires the director to reopen the fishery if he or she determines that the conditions that necessitated the closure no longer exist. Existing law authorizes a DGN permit to be transferred to another person under certain circumstances. Under existing law, a violation of these provisions is a crime. The California Ocean Protection Act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the Ocean Protection Council for, among other things, grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that protect, conserve, and restore coastal waters and ocean ecosystems including through the acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. This bill would require the department by March 31, 2020, to establish a voluntary permit transition program that includes specified conditions, including a condition that a permittee who voluntarily surrenders his or her DGN permit and shark or swordfish gill net or nets receive, to the extent that funds for the transition program are available, a specified payment, as prescribed. The bill would require the department to enter into an agreement with a fiscal agent, as defined, for the fiscal agent to receive state and nonstate funds for purposes of the transition program and, upon receipt of adequate funds, to make the payment to a participating permittee. If the department enters into an agreement with a fiscal agent that is a state entity, the bill would continuously appropriate any funds received from nonstate sources to that state entity for purposes of the transition program. The bill would require the Ocean Protection Council to use $1 million of an appropriation made to it in the Budget Act of 2018 for whale and sea turtle entanglement to fund the transition program. The bill would require the department to notify the Legislature within 10 days of the date that the fiscal agent receives $1 million from nonstate sources and secures $1 million through an agreement with the Ocean Protection Council. The bill would require a DGN permit issued pursuant to these provisions to be surrendered or revoked as of January 31 of the 4th year following the department's notification to the Legislature. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would, beginning March 31, 2019, prohibit the transfer of a DGN permit. The bill would provide that the provisions dealing with the drift gill net shark and swordfish fishery do not create or recognize a property right in fish expected to be caught using a DGN permit. (2) Existing law establishes a swordfish permit that authorizes a person holding that permit to take, possess aboard a boat, and land swordfish for commercial purposes using specified methods but not including use of a drift gill net. Existing law establishes a fee of $330 for a swordfish permit, as adjusted pursuant to the above-described index, but exempts the holder of a DGN permit from payment of that fee. This bill would also exempt any person who participates in the permit transition program established by the department from payment of the fee for a swordfish permit. (3) Existing law makes it unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in length unless they are used as set lines, as specified. This bill would also exempt from this prohibition fishing lines more than 900 feet in length if they are used as part of deep-set buoy gear authorized under federal law. (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.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of certain land outside its boundaries, and requires the general plan to contain specified mandatory elements, including a housing element. That law sets forth various procedures and requirements with respect to the preparation and adoption of the general plan and housing element, including requiring the legislative body to adopt or amend a general plan by resolution by a majority vote of the total membership of the legislative body. Existing law deems the adoption of the general plan to be reviewable, provides for the preparation of specific plans for the systematic implementation of the general plan, and prohibits the approval of local public works projects and tentative or parcel maps, as specified, as well as the adoption or amendment of a zoning ordinance within an area covered by a specific plan, unless it is consistent with the adopted specific plan. Existing law prohibits the adoption or amendment of a transit village plan unless the plan or amendment is consistent with the general plan. Existing law specifies that these provisions of the Planning and Zoning Law relating to general plans and housing elements generally do not apply to charter cities, but requires a charter city to adopt, by resolution of the legislative body of the charter city or, if the charter so provides, the planning commission, a general plan that contains the mandatory elements required by that law and to comply with specified additional requirements relating to reporting to the Department of Housing and Community Development and low- and moderate-income housing in the coastal zone. This bill would specify that these provisions of the Planning and Zoning Law regarding general plans, specific plans, and the adoption and review of housing elements apply to charter cities. The bill would also make a nonsubstantive change with respect to the requirement that a charter city adopt a general plan by resolution. The Planning and Zoning Law additionally authorizes the legislative body to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and other uses in accordance with specified procedures. Existing law requires each county and city to consider the effects of these ordinances on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Existing law prohibits a local agency from enacting or enforcing an ordinance that would prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed, as specified, unless certain determinations are made. Existing law requires county or city zoning ordinances, including certain ordinances of a charter city with a population of 2,000,000 or more, to be consistent with the general plan, as specified. Existing law requires each city, county, or city and county to ensure that its housing element inventory or its housing element program, as specified, can accommodate its remaining unmet share of the allocated regional housing need. Existing law authorizes a city, county, or city and county to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property, and requires such an agreement to be modified or suspended as necessary to comply with subsequent state or federal law. Existing law specifies that these provisions of the Planning and Zoning Law generally do not apply to charter cities. This bill would, instead, specify that various provisions of the Planning and Zoning Law regarding ordinances, regional housing need, mobilehome parks, and certain development agreements apply to charter cities. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of planning officials and legislative bodies of charter cities with respect to adopting and amending general plans and zoning ordinances, 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.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.
Existing law makes it a crime for a person entrusted with the care or custody of any elder or dependent adult to willfully cause him or her to be injured or permit him or her to be placed in a situation in which his or her person or health is endangered. Existing law also authorizes county adult protective services agencies and local long-term care ombudsman programs to investigate elder and dependent adult abuse, but grants law enforcement agencies the exclusive responsibility for criminal investigations. This bill would require local law enforcement agencies, as defined, and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse. By requiring local agencies to revise their policy manuals, 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, 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.
The Alcoholic Beverage Control Act generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that, unless otherwise limited, is an owner, manager, or major tenant of certain stadiums, parks, entertainment complexes, and arenas, subject to specified conditions. Existing law requires the purchase of advertising space or time in this context to be conducted pursuant to a written contract with the on-sale licensee, with a specified exception. Existing law makes it a crime for an on-sale licensee to coerce certain licensees to purchase advertising space or time, as specified. This bill would expand the exceptions described above to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer's agents to purchase advertising space and time, in connection with described events, from, or on behalf of, on-sale retail licensees, as described above, at specified stadiums located in the City of San Jose. The bill, with regard to a specified fully enclosed arena in San Jose, would expand the definition of on-sale retail licensee to include an owner, manager, or major tenant. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose. 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 incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by AB 2146 to be operative only if this bill and AB 2146 are enacted and this bill is enacted last.
Existing law authorizes a processing agency that processes unpaid parking penalties to proceed under specified options to collect those penalties. Under one option, a processing agency is authorized to file an itemization of unpaid penalties with the Department of Motor Vehicles for the department to collect the penalties along with the registration of the vehicle. Existing law requires this option, starting on July 1, 2018, to include a process to provide a payment plan for indigent persons. This bill would specify that the option to collect unpaid penalties that were issued before July 1, 2018, through the department requires a process to provide a payment plan for indigent persons, as specified. The bill would make technical changes to the provisions for all the specified options to collect the unpaid parking penalty. This bill would declare that it is to take effect immediately as an urgency statute.
The California Public Records Act requires a public agency, defined to mean a state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act makes specified records exempt from disclosure and provides that disclosure by a state or local agency of a public record that is otherwise exempt constitutes a waiver of the exemptions. The act, when it appears to a superior court that certain public records are being improperly withheld from a member of the public, requires the court to order the officer or person charged with withholding the records to disclose the public record or show cause why he or she should not do so. The act requires the court to award court costs and reasonable attorney's fees to the plaintiff if the plaintiff prevails in litigation filed pursuant to these provisions, and requires the court to award court costs and reasonable attorney's fees to the public agency if the court finds that the plaintiff's case is clearly frivolous. This bill would replace "plaintiff" with "requester" in that provision, would make conforming changes, and would specify that these provisions do not preclude the award of fees and costs pursuant to other provisions of law.
Existing law requires an elections official, upon receipt of a vote by mail ballot, to compare the signature on the identification envelope with either the signature appearing on the voter's affidavit of registration, or the signature appearing on a form issued by an elections official that contains the voter's signature and that is part of the voter's registration record. Existing law prohibits, if the elections official determines that the signatures do not compare, the elections official from opening the identification envelope and counting the ballot. This bill would eliminate the prohibition on counting the ballot and would instead require the elections official to follow specified procedures to notify the voter and allow the voter an opportunity to verify his or her signature before certification of the election. The bill would also make technical, nonsubstantive changes to these provisions. By increasing the duties of local election officials, 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, 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. This bill would declare that it is to take effect immediately as an urgency statute.