Existing law requires the California State Auditor to conduct financial and performance audits as directed by statute, and to conduct audits of state or local governmental agencies or other publicly created entities as requested by the Joint Legislative Audit Committee. Existing law, the Community Services District Law, generally provides for the formation of community service districts that have specified general powers, including, among others, the power to adopt ordinances or enter into and perform contracts, in order to provide specified services authorized under that law. This bill would prohibit, on and after January 1, 2020, the Fallen Leaf Lake Community Services District from providing any services or facilities except fire protection, including medical response and emergency services, and parks and recreation services or facilities. This bill would state the intent of the Legislature to address recommendations in the California State Auditor's audit of the Fallen Leaf Lake Community Services District, as requested by the Joint Legislative Audit Committee in August 2018. This bill would make legislative findings and declarations as to the necessity of a special statute for the Fallen Leaf Lake Community Services District.
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The California Constitution generally conditions the imposition of a special tax by a city, county, or special district, including a school district, upon the approval of 23 of the voters of the city, county, or special district voting on that tax. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district or community college district upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. The measure would also make conforming changes to related provisions.
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. The California Constitution specifies various transfers that are not deemed to be a "purchase" or "change in ownership" of a property for these purposes, including the purchase or transfer of a principal residence from parents to their children, or, under certain circumstances, from grandparents to their grandchildren, and the purchase or transfer of the first $1,000,000 of the full cash value of all other real property transferred from parents or grandparents to their children or grandchildren. This measure would limit the above-decribed $1,000,000 exclusion for purchases or transfers of real property other than a principal residence to purchases or transfers of nonresidential real property. The measure, except as provided, would provide that the transfer of the principal residence of a parent or grandparent is excluded from "purchase" or "change in ownership" under these provisions only if the transferee uses the residence as his or her principal residence within 12 months after the transfer. If the transferee subsequently ceases to use the residence as his or her principal residence, the measure would require that the residence be assessed at its full cash value as of the date of the transfer from the parent or grandparent to the transferee. The measure would provide that these changes apply to a purchase or transfer of real property on or after the effective date of the measure. The measure would also make various nonsubstantive changes.
Existing law declares that housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information is against public policy. This bill would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority and declare that housing discrimination on the basis of veteran or military status is against public policy. Existing law provides that the opportunity to seek, obtain, and hold housing without discrimination because of specified characteristics is a civil right. This bill would provide that the opportunity to seek, obtain, and hold housing without discrimination because of veteran or military status is a civil right. Existing law defines specified terms, including the term "source of income," in connection with provisions that prohibit discrimination in housing accommodations. This bill would specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher is a source of income. Existing law authorizes the Department of Fair Employment and Housing to issue publications and results of investigations and research that, in its judgment, promote goodwill and minimize or eliminate discrimination in employment and discrimination in housing because of specified characteristics. This bill would include veteran or military status among the characteristics that apply to the authorization described above. Existing law authorizes the Department of Fair Employment and Housing, upon the request of certain parties, to provide assistance to communities and persons in resolving disputes, disagreements, or difficulties relating to discriminatory practices based upon specified characteristics. This bill would authorize the department also to provide this assistance if the dispute, disagreement, or difficulty relates to discriminatory practices based upon veteran or military status. Existing law prohibits the owner of any housing accommodation, or any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation, among other persons and entities from, among other things, discriminating against any person because of particular characteristics of that person, including race and gender, as specified. This bill would prohibit the persons and entities described above from discriminating against any person because of the veteran or military status of that person. The bill would also make other conforming changes. Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, that the restriction violates state and federal fair housing laws and is void, and may be removed. This bill would require the specified language in the cover page or stamp to include the characteristic of veteran or military status. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 12930 of the Government Code proposed by SB 224 to be operative only if this bill and SB 224 are enacted and this bill is enacted last. 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.
(1) Existing law prohibits specified persons from taking salmon for commercial purposes unless the person has a commercial fishing salmon stamp affixed to that person's commercial fishing license. Existing law requires the Department of Fish and Wildlife to issue a commercial fishing salmon stamp upon application for the stamp and payment of a base fee of $85. That base fee is required to be adjusted during specified commercial salmon seasons. However, existing law prohibits the total fees, as adjusted, from exceeding $260. Existing law requires the department to deposit revenues from this fee, funds received from other sources, as specified, and other specified revenues in the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund, to be available, upon appropriation by the Legislature, for purposes relating to enhancement and restoration of salmon. Existing law also authorizes up to 15% of funds expended from the subaccount for these purposes to be used for administrative costs. Existing law establishes the Commercial Salmon Trollers Advisory Committee, consisting of 6 members selected by the Director of Fish and Wildlife, as provided, to make recommendations on programs and a budget for the subaccount, and on specified revenue-raising measures. Existing law repeals these provisions as of January 1, 2019. A violation of any provision of the Fish and Game Code, or any rule, regulation, or order made or adopted under those provisions, is a misdemeanor, unless otherwise specified. This bill would extend the operation of these provisions until January 1, 2029. By extending the operation of existing requirements, the violation of which would be a crime, the bill would impose a state-mandated local program. (2) Existing law prohibits the taking of anchovies for any purpose in Humboldt Bay, except that anchovies may be taken in specified areas of the bay for live bait between May 1 and December 1, and for dead bait between May 1 and August 31, by the operator of a vessel for use in his or her own fishing operation, except for incidental sales to local sport fishermen for bait. Existing law establishes a 15-ton limit on the total number of anchovies that may be taken between May 1 and August 31 of each year and a 15-ton limit between September 1 and December 1 of each year. Existing law requires an observer employed by the Department of Fish and Wildlife to inspect any bait operation and halt that operation if it cannot be conducted without adversely affecting the game species of the bay. Existing law requires the department to receive notification of a bait operation in the bay at least 12 hours before the operation commences. Existing law authorizes the Fish and Game Commission to adopt any other regulation it determines is necessary to protect the Humboldt Bay anchovy resource. This bill would permit taking of anchovies in Humboldt Bay between May 1 and December 1 without restrictions on area or use. Instead of 2 15-ton limits on the taking of anchovies in 2 separate periods, the bill would authorize not more than 60 tons of anchovies to be taken between May 1 and December 1 of each year. The bill would include, as part of the commission's regulatory authority to protect anchovy in Humboldt Bay, the authority to adopt a regulation that changes this permitted take amount based upon credible science. The bill would delete the above-described provisions regarding inspection and notification of bait operations. By changing the definition of a crime, the bill would impose a state-mandated local program. (3) Existing law regulates the Dungeness crab fishery and, among other things, permits the Director of Fish and Wildlife to delay the opening of the fishery in specified situations and regulates the taking of Dungeness crab during those delays. This bill would require the Department of Fish and Wildlife, on or before November 1, 2020, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, to adopt regulations establishing criteria and protocols to evaluate and respond to potential risk of marine life entanglement, as prescribed. Upon the effective date of these regulations, the bill would authorize the director to restrict the take of Dungeness crab pursuant to the criteria and protocols. Until those regulations become effective or until November 1, 2020, whichever is sooner, the bill would authorize the director to restrict the take of Dungeness crab in those areas where the Dungeness crab fishery is being conducted in a manner that poses a significant risk of marine life entanglement if the director makes a specified determination, in consultation with the working group, and after the director complies with specified procedures. The bill would require the director to expeditiously lift any restriction in waters if the director determines, in consultation with the working group, that the significant risk has abated in those waters. The bill would repeal these provisions on January 1, 2024. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (4) Existing law requires any vessel using bottom trawl gear in state-managed halibut fisheries to possess a California halibut bottom trawl vessel permit issued by the Department of Fish and Wildlife that authorizes the use of trawl gear by that vessel for the take of California halibut. Existing law requires a permit to be issued annually, and, since the 2007–08 season, has required an applicant to have previously held a valid permit. Existing law prohibits the department from issuing a permit unless a vessel has landed a minimum of 200 pounds of California halibut in specified calendar years before 2005, as provided, as documented on fish landing receipts. Existing law only authorizes transfer of a permit to another vessel if the transfer occurs before the implementation of a restricted access program and either the originally permitted vessel was lost, stolen, destroyed, or suffered a major irreparable mechanical breakdown, or the permitholder has died, is permanently disabled, or has retired, and, in the case of death, disability, or retirement, California halibut landings contributed significantly to the record and economic income derived from the vessel, as determined by regulations adopted by the Fish and Game Commission. Under existing law, these provisions will become inoperative upon the adoption by the commission of a halibut fishery management plan, as specified. This bill would repeal the above-described provisions conditioning issuance of a permit on landings in calendar years before 2005. The bill would repeal both of the above-described limitations on the circumstances under which a transfer may be authorized, and would authorize the department, rather than the commission, before the implementation of a restricted access program, to consider a request to transfer a permit to another vessel owned by the permitholder or to another person, as provided, without regard to either of those limitations. The bill would authorize an applicant who is denied a transfer of a permit to appeal the denial in writing to the commission within 60 days from the date of the department's decision. (5) Existing law designates a specified area as the California halibut trawl grounds and regulates trawl net fishing within the trawl grounds. Existing law specifies trawl net fishing season in the trawl grounds. Existing law authorizes the Director of Fish and Wildlife to close the trawl grounds, or portions of the trawl grounds, to trawl net fishing or restrict the nets that may be used in the trawl grounds, or portions of the trawl grounds, if the director determines that the California halibut resource, or existing fishing operations, are in danger of irreparable injury, as provided. Existing law closes specified areas in the trawl grounds to trawl gear, and closes other specified areas unless the Fish and Game Commission finds that a bottom trawl fishery for halibut minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats. Existing law requires the commission to close additional areas in the trawl grounds if it makes certain findings pursuant to a mandatory triennial review. This bill would designate 2 additional areas as California halibut trawl grounds: an area of the ocean waters of Monterey Bay, as described, and an area of ocean waters offshore of Port San Luis, as described. However, under the bill, those additional areas would remain closed to trawling until the commission determines that trawling in those areas is consistent with the above-described provisions. The bill would also provide that trawl fishing gear may only be deployed in those additional areas between sunrise and sunset. By changing the definition of a crime and creating new crimes, the bill would impose a state-mandated local program. The bill authorize the commission to reduce the length of the open season or hours of operation specified in statute and to modify specified statutory requirements applicable to the use of trawl nets in the California halibut trawl grounds to make those requirements more restrictive. (6) Existing law authorizes the Department of Fish and Wildlife, in consultation with the Dungeness crab task force, to develop regulations as necessary to provide for the retrieval of lost or abandoned commercial crab traps. Existing law requires the department, as part of those regulations, to establish a retrieval permit program that grants a person who obtains a retrieval permit the authority to retrieve during the closed season of the Dungeness crab commercial fishery lost or abandoned Dungeness crab traps belonging to another person and to receive compensation for that retrieval on a per trap basis. Existing law requires the department to establish a fee to be charged to a Dungeness crab vessel permitholder for each trap belonging to the permitholder that is retrieved through the program. Existing law prohibits the department from renewing a Dungeness crab vessel permit until any fee imposed pursuant to the program has been paid. Existing law provides that these provisions shall become inoperative on April 1, 2019, and, as of January 1, 2020, are repealed. This bill would revise and recast these provisions. The bill would require the department, in consultation with the Dungeness crab task force, to establish a retrieval program to provide for the retrieval of lost or abandoned commercial Dungeness crab traps by June 30, 2019. The bill would require, as part of the program, the department to establish a retrieval permit similar to the one described above, but would require the payment of a permit fee to obtain a retrieval permit and would provide that any Dungeness crab trap retrieved under the authority of a retrieval permit would become the property of the retrieval permitholder. The bill would require a retrieval permitholder to notify the former trap owner of the retrieval of a Dungeness crab trap and to offer to sell the trap to the former owner for a reasonable recovery fee. The bill would require the department to impose per-trap fees on any former owner who refuses to pay the recovery fee to the retrieval permitholder. The bill would require the department to set the rate of these fees at a level sufficient to recover any costs to the department from handling noncompliance with the gear retrieval program and to reimburse the retrieval permitholder, as provided, and would require the department, upon appropriation by the Legislature, to use the proceeds of these fees for those purposes. The bill would authorize, rather than require, the department to deny an application for renewal or transfer of a Dungeness crab vessel permit until the applicant pays any fees imposed for failure to pay a recovery fee to a retrieval permitholder. The bill would make the revised provisions inoperative on April 1, 2029. By extending the operation of existing requirements, the violation of which would be a crime, the bill would impose a state-mandated local program. (7) Existing law requires every trap or string of traps in state waters to be marked with a buoy. This bill would require the Department of Fish and Wildlife, by January 1, 2020, to implement regulations requiring standardized gear marking for those fisheries in which the department determines it is appropriate. The bill would require the department to establish a gear marking fee for each fishery requiring standardized gear marking and to set and adjust each fee in an amount to fully recover, but not exceed, all reasonable administrative and implementation costs of the department relating to the gear marking requirement. Because a violation of these regulations would be a crime, the bill would impose a state-mandated local program. (8) 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 requires certain occupied structures that are not owned or operated by any local government entity and are constructed on or after January 1, 2017, to have an automated external defibrillator (AED) on the premises. This bill would apply the AED requirements to certain structures that are constructed prior to January 1, 2017, and subject to subsequent modifications, renovations, or tenant improvements, as specified.
The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. Existing law requires any peace officer or custodial officer personnel records, as defined, and any records maintained by any state or local agency relating to complaints against peace officers and custodial officers, or any information obtained from these records, to be confidential and prohibits the disclosure of those records in any criminal or civil proceeding, except by discovery. Existing law describes exceptions to this requirement for investigations or proceedings concerning the conduct of peace officers or custodial officers, and for an agency or department that employs those officers, conducted by a grand jury, a district attorney's office, or the Attorney General's office. This bill would require, notwithstanding any other law, certain peace officer or custodial officer personnel records and records relating to specified incidents, complaints, and investigations involving peace officers and custodial officers to be made available for public inspection pursuant to the California Public Records Act. The bill would define the scope of disclosable records. The bill would require records disclosed pursuant to this provision to be redacted only to remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace officers and custodial officers, to preserve the anonymity of complainants and witnesses, or to protect confidential medical, financial, or other information in which disclosure would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct by peace officers and custodial officers, or where there is a specific, particularized reason to believe that disclosure would pose a significant danger to the physical safety of the peace officer, custodial officer, or others. Additionally the bill would authorize redaction where, on the facts of the particular case, the public interest served by nondisclosure clearly outweighs the public interest served by disclosure. The bill would allow the delay of disclosure, as specified, for records relating to an open investigation or court proceeding, subject to certain limitations. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 authorizes, only until January 1, 2020, the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara to establish a pilot program to operate a deferred entry of judgment pilot program for eligible defendants. The pilot program authorizes a defendant to participate in the program within the county's juvenile hall if that person is charged with committing a felony offense, except as specified, he or she pleads guilty to the charge or charges, and the probation department determines that the person meets specified requirements, including that the defendant is 18 years of age or older, but under 21 years of age on the date the offense was committed, is suitable for the program, and shows the ability to benefit from services generally reserved for delinquents. Existing law requires a county to apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for purposes of the pilot program prior to establishing a pilot program and requires the board to review and approve or deny the application, as specified. Existing law requires a county that establishes a pilot program to submit data regarding the pilot program to the board and requires the board to review the program to ensure compliance with specified requirements of federal law. Existing law requires the board to use the data submitted to it to conduct an evaluation of the pilot program's impact and effectiveness, to combine each evaluation into a comprehensive report, and to submit the comprehensive report to the Assembly and Senate Committees on Public Safety. Existing law also requires the probation department to submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry within the Department of Justice. This bill would extend the operative date of the authorization to establish a pilot program in those counties to January 1, 2022, and would expand the scope of the program to include the County of Ventura. The bill would also require the board to submit the comprehensive report described above to the Assembly and Senate Committees on Public Safety no later than December 31, 2020. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Butte, Napa, Nevada, Santa Clara, and Ventura.