Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Game. Existing law designates the issuance of permits to operate vacuum or suction dredge equipment to be a project under the California Environmental Quality Act (CEQA) , and suspends the issuance of permits, and mining pursuant to a permit, until the department has completed an environmental impact report for the project as ordered by the court in a specified court action. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake, for instream mining purposes, until the Director of Fish and Game certifies to the Secretary of State that (1) the department has completed the environmental review of its existing vacuum or suction dredge equipment regulations as ordered by the court, (2) the department has transmitted for filing with the Secretary of State a certified copy of new regulations, as necessary, and (3) the new regulations are operative. This bill would require the department, upon request, to refund the amount of the permit fee paid in 2009 by a person issued a vacuum or suction dredge equipment permit and subject to the latter prohibition. This bill would declare that it is to take effect immediately as an urgency statute.
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Existing law includes provisions criminalizing conduct involving obscene matter and child pornography, including making the distribution of this material criminal. Existing law defines the term "distribute" for purposes of crimes relating to obscene matter. This bill would include within this definition of "distribute" making available for access or possession over the Internet. The bill would also provide that nothing in the provisions criminalizing conduct involving obscene matter and child pornography shall be construed to permit an action against an interactive computer service, electronic communication service, or remote computing service, as defined, that is inconsistent with specified provisions of federal law. By revising the definition of existing crimes to expand their application, 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.
The Personal Income Tax Law and the Corporation Tax Law define gross income as all income from whatever source derived, unless specifically excluded. This bill would, under both laws, exclude from the computation of gross income any voucher issued or specified payment made pursuant to the federal Consumer Assistance to Recycle and Save Act of 2009 received as a result of a purchase of a vehicle described in that act. This bill would make a legislative finding and declaration that it serves a public purpose, as specified. This bill would take effect immediately as a tax levy.
Existing law requires persons who have been convicted of specified crimes, and other persons as required by a court, to register as a sex offender. Existing law sets forth the procedure for doing so and provides that a violation of the sex offender registration law is a crime, punishable as specified. The bill would require a person who is required to register as a sex offender to inform the law enforcement agency with which he or she last registered of all of his or her online addresses, e-mail addresses, and instant messaging user names no later than December 31, 2011, and, thereafter, at the time of original registration and within 30 days of establishing a new online account, and would make it a misdemeanor to fail to do so. This bill would permit information received pursuant to these provisions to be shared with the Department of Justice and other law enforcement agencies, upon request. By creating new crimes, 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 the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. This bill would prohibit the expansion, as defined, of the Medi-Cal program pursuant to any provision of the federal Patient Protection and Affordable Care Act, or any amendment thereto, requiring expansion of the program unless the federal government fully funds the expansion.
Existing law requires the Franchise Tax Board to administer tax amnesty programs during the period beginning February 1, 2005, and ending on March 31, 2005, inclusive, or during any other 2-month period ending before June 30, 2005, as provided. Under existing tax law, certain taxpayers are subject to a 50% amnesty penalty, which is an amount equal to 50% of the accrued underpayment interest payable for a specified period, if they have a balance due either on or after March 31, 2005, as provided. This bill would make technical, nonsubstantive changes to that provision.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would make technical, nonsubstantive changes to those provisions.
Existing law, the Escrow Law, provides for the licensure and regulation of escrow agents by the Commissioner of Corporations. Each person licensed under that law is required to participate as a member of Fidelity Corporation, a nonprofit mutual benefit corporation, established to indemnify its members against loss. Existing law requires a shareholder, officer, director, trustee, manager, or employee of an escrow agent to obtain a Fidelity Corporation Certificate as a condition of employment. This bill would require an officer, director, trustee, or escrow manager of a licensee who has access to money or negotiable securities of the licensee, and certain other persons, to complete a course in escrow management conducted by the commissioner, within 12 months following their receipt of a Fidelity Corporation Certificate, as specified.
Existing law authorizes any person, except a person required to register as a sex offender pursuant to a designated provision, to be permitted by the governing board of a school district to serve as a nonteaching volunteer aide under the immediate supervision and direction of certificated personnel of the district to perform noninstructional work that serves to assist the certificated personnel of the district in their teaching and administrative responsibilities. Existing law authorizes a school district or county office of education to request that a local law enforcement agency conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of a designated sex offense. Existing law prohibits school district governing boards from employing or retaining in employment persons in public school service who have been convicted of a designated sex offense or controlled substance offense unless the conviction is reversed and the person is acquitted of the offense in a new trial, or the charges against him or her are dismissed. Existing law requires, prior to assuming a paid or volunteer position to supervise, direct, or coach a pupil activity program sponsored by, or affiliated with, a school district, noncertificated candidates to obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing. This bill would specify that each of these provisions applies to charter schools. The bill would also prohibit persons who have been convicted of the designated sex or controlled substance offenses, and who have not been subsequently acquitted or had the charges against them dismissed, from serving as nonteaching volunteer aides.
Existing law provides that every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. This bill would broaden the scope of application of this offense by providing that it is aggravated battery, punishable as specified above, for any person to commit battery by gassing upon the person of any peace officer. By broadening the scope of application of an existing 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.