(1) Existing law, the Financial Institutions Law, regulates the activities of various financial entities, including commercial banks, industrial banks, trust companies, credit unions, and savings and loan associations. The Banking Law defines and regulates state banks and commits the enforcement of banking laws to the Commissioner of Business Oversight. The California Credit Union Law provides for the licensure and regulation of credit unions by the Commissioner of Business Oversight and makes a willful violation of that law a crime. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016, an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under the act to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. This bill would create the Cannabis Limited Charter Banking and Credit Union Law, to be administered by the Commissioner of Business Oversight and the Department of Business Oversight. The bill would create the Cannabis Limited Charter Bank and Credit Union Advisory Board and specify its composition, to include the Treasurer, the Controller, and the Chief of the Bureau of Cannabis Control, and commit to it the general responsibility for ensuring that this law functions in a safe and efficient way. The bill would prescribe the powers and duties of the board, including reviewing department enforcement reports, holding meetings that would be open to public comment, and issuing its own recommendations, which would be submitted to the Legislature and the Governor. The board would also be required to provide guidance on specified investment activities. The bill would provide for the licensure and regulation of cannabis limited charter banks and credit unions for the purpose of providing limited banking services, as defined, to cannabis businesses. The bill would require a person who desires to be licensed as a cannabis limited charter bank or credit union to submit an application to the department, and would require that person to elect to form under either the Banking Law or the California Credit Union Law. The bill would authorize the department to charge an applicant for a cannabis limited charter bank or credit union license a reasonable fee. The bill would require a licensee to comply with all requirements in the Financial Institutions Law, and either the Banking Law or the California Credit Union Law, as applicable, except to the extent that any requirement of those laws are inconsistent with a provision of the Cannabis Limited Charter Banking and Union Law. By expanding the application of the California Credit Union Law, a willful violation of which is a crime, the bill would impose a state-mandated local program. This bill would authorize a cannabis limited charter bank or credit union to issue to an account holder special purpose checks that would be valid for only specified purposes. The bill would authorize a cannabis limited charter bank or credit union to cash the checks it has issued, including those presented by parties that are not account holders, as specified. The bill would permit these checks to be used for the payment of state and local fees and taxes, payment of rent on property leased by, or on behalf of, the account holder's cannabis business, payment of vendors physically located in California, as specified, and the purchase of state and local bonds, as specified. The bill would provide that a person or entity is not required to accept these checks. The bill would require a cannabis limited charter bank or credit union to obtain and maintain insurance at all times that it is engaged in business, subject to certain requirements including that the insurance be in an amount acceptable to the commissioner. The bill would authorize a cannabis limited charter bank or credit union to charge fees for its banking services, and would authorize the commissioner, if requested by any person or whenever the commissioner deems appropriate, to review any fee charged. The bill would require a cannabis limited charter bank and credit union to provide the commissioner with a specified fee schedule, which information the department would be required to compile and post information on its Internet Web site. The bill would authorize a cannabis limited charter bank or credit union to enter into an agreement with another licensee to form a banking network, subject to the approval of the commissioner, to facilitate the provision of cannabis banking services. The bill would require the department to adopt emergency regulations and would prohibit the department from issuing a license for these purposes prior to July 1, 2019, except as specified. The bill would require the department to provide a specified report to the Senate Committee on Banking and Financial Institutions and the Senate Committee on Governance and Finance. The bill would require a cannabis limited charter bank or credit union to adopt policies and practices to achieve the principles and goals outlined in the federal Bank Secrecy Act and cooperate with the federal Financial Crimes Enforcement Network. The bill would prohibit a cannabis limited charter bank or credit union from engaging in banking activity with any other financial institution that lacks a limited purpose charter issued under these provisions. The bill would prescribe a framework for the administration of its provisions. The bill would also make a statement of legislative findings. (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 no reimbursement is required by this act for a specified reason.
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Under existing law, a judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments. Existing law requires a court, in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, upon request of the defendant, to consider the defendant's ability to pay, as specified. This bill would require the court, in any case involving an infraction filed with the court, to determine whether the defendant is indigent for purposes of determining what portion of the statutory amount of any associated fine, fee, assessment, or other financial penalties the person can afford to pay. The bill would provide that the defendant can demonstrate that he or she is indigent by providing specified information, including attesting to his or her indigent status under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would require the court to reduce the base fine and associated fees by 80% if the court establishes that the defendant is indigent, and to provide alternatives to immediate payment of the sentence, including a payment plan option. The bill would require the court to determine the amount a defendant can afford to pay per month by using a payment calculator developed by the Judicial Council, as specified. For persons not found to be indigent, the bill would require that the monthly payment not exceed 5% of the defendant's family monthly income, as provided. For defendants found to be indigent, the bill would require that monthly payments be $0 until the defendant's financial circumstances change, and would require the remaining amount owed to be discharged after 48 months in the interest of justice. Existing law authorizes any county or court to implement a "comprehensive collection program" as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engages in specified activities in collecting fines or penalties. One of those activities is initiating suspensions or holds for driver's licenses, as specified. This bill would delete initiating suspensions or holds for driver's licenses from the list of activities the program may engage in. The bill would require the program to provide a payment plan option based on the debtor's ability to pay and requires the program to notify the defendant of his or her right to an indigency determination for infractions. Existing law requires, whenever a person is arrested for any nonfelony violation of the Vehicle Code, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, the arresting officer to prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, as specified. Existing law further requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his or her written promise to appear in court or before a person authorized to receive a deposit of bail. This bill would require the court to send the defendant a reminder notice of his or her promise to appear in court and would require the reminder notice to include specified information, including an appearance date and location and the right to an indigency determination. Existing law authorizes the court to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person's driver's license upon receipt of one of those notices, as specified. This bill would repeal the provisions authorizing the court to notify the department of a failure to pay a fine or bail. The bill would repeal certain provisions prohibiting the department from issuing or renewing a person's driver's license upon receipt of a notice of a defendant's failure to pay, with respect to designated violations. Existing law provides that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or willfully failing to pay bail in installments or a certain lawfully imposed fine, as specified, is guilty of a misdemeanor. The bill would instead provide that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of an infraction. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would repeal the misdemeanor for willfully failing to pay bail in installments or a lawfully imposed fine. This bill would declare that its provisions do not alter existing law related to suspension of the privilege to operate a motor vehicle in connection with violations relating to reckless driving or driving under the influence of alcohol or drugs, as specified. 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, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The act establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of emergency medical services. Among other duties, the authority is required to develop planning and implementation guidelines for emergency medical services systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of emergency medical services systems, and receive plans for the implementation of emergency medical services and trauma care systems from local EMS agencies. A violation of the act or regulations adopted pursuant to the act is punishable as a misdemeanor. This bill would create the Community Paramedicine Act of 2018. The bill would, until January 1, 2025, authorize a local EMS agency to develop a community paramedicine program, as defined, to provide specified community paramedic services. The bill would require the authority to review a local EMS agency's proposed community paramedicine program and approve, approve with conditions, or deny the proposed program within 6 months after it is submitted by the local EMS agency. The bill would require a local EMS agency that opts to develop a community paramedicine program to, among other things, integrate the proposed program into the local EMS agency's emergency medical services plan, enter into an agreement with a community paramedicine provider for the delivery of community paramedic services within the local EMS agency's jurisdiction that is consistent with the proposed program, establish a process for training and certifying community paramedics, and facilitate and participate in any discussion between a community paramedicine provider and public or private health system participants to provide funding to support implementation of the proposed program. The bill would create the Community Paramedicine Medical Oversight Committee to advise the authority on, and approve minimum medical protocols for, community paramedicine program specialties. The bill would require the authority to develop, in consultation with the committee, regulations that establish minimum standards for the development of a community paramedicine program. The bill would require the authority to submit an annual report on the community paramedicine programs operating in California to the relevant policy committees of the Legislature, and to post that report on its Internet Web site, beginning 6 months after the authority adopts the regulations and every January 1 thereafter for the next 5 years. The bill would prohibit a person or organization from providing community paramedic services or representing, advertising, or otherwise implying that it is authorized to provide community paramedic services unless it is expressly authorized by a local EMS agency to provide those services as part of a community paramedicine program approved by the authority. The bill would also prohibit a community paramedic from providing community paramedic services if he or she has not been certified to perform those services and is working as an employee of an authorized community paramedicine provider. Because a violation of the act described above is punishable as a misdemeanor, and this bill would create new requirements within the act, the violation of which would be a crime, the bill would impose a state-mandated local program. (2) Existing law authorizes a county to establish an emergency medical care committee and requires the committee, at least annually, to review the operations of ambulance services operating within the county, emergency medical care offered within the county, and first aid practices in the county. Existing law requires the county board of supervisors to prescribe the membership, and appoint the members, of the committee. This bill would require the committee to include additional members, as specified, and to advise a local EMS agency within the county on the development of its community paramedicine program if the local EMS agency develops a community paramedicine program. The bill would repeal its provisions on January 1, 2025. (3) 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 the Department of Corrections and Rehabilitation to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law makes an inmate or parolee eligible for participation if he or she has a serious mental disorder, as specified, and has been assigned a release date from state prison and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies and establishes criteria for housing that qualifies for the program. Existing law requires providers to report to the department regarding the intended outcomes of the program, including the number of participants served and the outcomes for participants. Existing law also requires the department to prepare an analysis of the information, as specified, and to annually submit, on or before February 1, the information and the analysis to the Chairs of the Joint Legislative Budget Committee and other specified committees. This bill would require the department, on or before January 1, 2019, to create the Supportive Housing Pilot Program, which would be in effect at the same time as the existing program and would establish a process and timeline for finalizing a memorandum of understanding with one or more counties that elect to participate in which the department would agree to, among other things, refer eligible parolees to participating counties for mental health treatment, housing navigation services, and supportive housing services, and to pay for bridge rental assistance, as defined, and services in supportive housing during the program participant's term of parole. The participating counties would agree to provide community-based mental health treatment within the existing county Medi-Cal mental health program if ongoing treatment for the participant is medically necessary and to fund rental assistance and services, as specified. Among other things, the bill would establish criteria for housing for purposes of the program. The bill would require a participating county to report to the department regarding the intended outcomes of the program, and would require the information to include the number who were arrested while participating in the program and the number residing in a county jail. The bill would require the department, on or before June 30, 2021, to seek and contract with an independent evaluator to prepare an analysis of the information, as specified, and to submit the information and the analysis to the Chairs of the Joint Legislative Budget Committee and other specified committees no later than January 1, 2023. The bill would require the department to implement the program using funding appropriated by the Legislature for the purposes described in the program. The bill would also include a statement of legislative findings and declarations.
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. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. The federal Medicaid program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Existing law requires individuals under 19 years of age enrolled in restricted-scope Medi-Cal at the time the Director of Health Care Services makes a determination that systems have been programmed for implementation of these provisions, be enrolled in the full scope of Medi-Cal benefits, if otherwise eligible, pursuant to an eligibility and enrollment plan, as specified. Existing law makes the effective date of enrollment for those individuals the same day that systems are operational to begin processing new applications pursuant to the director's determination. This bill would additionally extend eligibility for full-scope Medi-Cal benefits to individuals 65 years of age or older, if otherwise eligible for those benefits, but for their immigration status, subject to an appropriation. The bill would also delete provisions delaying implementation until the director makes the determination described above. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, 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.
The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2017, the adjusted gross income limit is $80,156 and $40,078, respectively. This bill, for each taxable year beginning on and after January 1, 2018, would increase the credit amount for a qualified renter, as specified, and would require the Franchise Tax Board to annually adjust for inflation the credit amount for taxable years on and after January 1, 2023. The bill would authorize the Governor to suspend the increased credit amount by proclamation if the Governor finds and declares that an economic emergency exists in this state and it is necessary that the increased credit amount be suspended, in which case the credit amount would be the credit amount for the taxable year immediately preceding the taxable year in which the suspension of the credit applies. The bill would also provide that the increased credit amount is $0 for each taxable year beginning on or after January 1, 2019, unless otherwise specified in a bill providing for appropriations related to the Budget Bill. In the event the increased credit amount is $0, the existing credit amounts of $60 and $120, respectively, would be the credit amounts for that taxable year. This bill would take effect immediately as a tax levy.
Existing property tax law, in accordance with the California Constitution, provides for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. This bill, for lien dates occurring on and after January 1, 2019, would provide that property is within the welfare exemption if that property is owned by a community land trust, as defined, otherwise qualifying for the welfare exemption, and specified conditions are met, including that the property is being or will be developed or rehabilitated as housing, as specified. The bill would prohibit this exemption from being denied on the basis that the subject property does not currently contain specified property that is in the course of construction. The bill would require the community land trust to be liable for property tax for the years for which the property was exempt under these provisions if the property was not developed or rehabilitated for housing, or if the development or rehabilitation is not in the course of construction, within 5 years of the lien date following the acquisition of the property. The bill, in the case where property that is owned by a community land trust becomes subject to taxation as so described, would require any assessment made, as provided, to be made within 5 years of the lien date following the date on which the property becomes subject to taxation. By imposing new duties upon local government officials with respect to the exemption provided by this bill, 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. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
This measure would urge Congress and the President of the United States to work together to implement grid hardening measures and to help ensure our nation's critical electrical infrastructure is protected from threats from electromagnetic pulses and physical attacks on the infrastructure.