This measure would proclaim June 2019 as California Grown Flower Month to recognize and honor the men and women of the California grown flower industry for their dedication and productivity.
This measure would recognize June 6, 2019, as the 75th anniversary of the invasion of Normandy, also known as D-Day. This measure would express the gratitude and appreciation of the Legislature to the members of the United States Armed Forces who participated in D-Day, and would call upon the people of California to observe the anniversary with appropriate reflections and recognition.
This measure would designate Monday, May 6, 2019, as California Peace Officers' Memorial Day, urge all Californians to use that day to honor California peace officers, and recognize specified California peace officers who were killed in defense of their communities.
The California Constitution requires that all statutes of this state in effect on February 17, 1972, requiring, authorizing, imposing, or relating to the death penalty are in full force and effect, subject to legislative amendment or repeal by statute, initiative, or referendum. The California Constitution requires that the death penalty not be deemed to be, or to constitute, the infliction of cruel or unusual punishment. This measure would amend the California Constitution to delete that provision and instead would prohibit the death penalty from being imposed as a punishment for any violation of law.
This measure would recognize the 150th anniversary of the Legislature first convening session in the State Capitol Building in Sacramento.
This measure would proclaim the month of April 2019 as California Wines: Down to Earth Month, to celebrate the sustainable leadership of California wineries and winegrape growers throughout the month of April.
Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law requires every retailer engaged in business in this state and making sales of tangible personal property for storage, use, or other consumption in this state, not otherwise exempt, at the time of making the sales or at the time the storage, use, or other consumption becomes taxable, to collect the tax from the purchaser, file a return, and remit the tax to the California Department of Tax and Fee Administration. That law defines a retailer engaged in business in this state to mean any retailer that has substantial nexus with this state for purposes of the commerce clause of the United States Constitution and any retailer upon whom federal law permits this state to impose a use tax collection duty. This bill would specify that, on and after April 1, 2019, a retailer engaged in business in this state includes any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property for delivery in this state by the retailer and all persons related to the retailer that exceed $500,000. The bill would allow the department to grant relief to certain retailers engaged in business in this state for specified interest or penalties imposed on use tax liabilities due and payable for tax reporting periods beginning April 1, 2019 and ending December 31, 2022. The Sales and Use Tax Law specifically includes as a retailer engaged in business in this state, among others, (1) any retailer that is a member of a commonly controlled group and is a member of a combined reporting group that includes another member of the retailer's commonly controlled group that, pursuant to an agreement with or in cooperation with the retailer, performs services in this state in connection with tangible personal property to be sold by the retailer and (2) any retailer entering into agreements under which persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers of tangible personal property to the retailer, whether by an internet-based link or an internet website, or otherwise, provided that the retailer meets specified total cumulative sales thresholds including that the retailer has, during the preceding 12 months, total cumulative sales in this state of tangible personal property in excess of $1,000,000. This bill would eliminate, on April 1, 2019, the specific inclusion of those retailers as a retailer engaged in business in this state. The Sales and Use Tax Law requires every person desiring to engage in or conduct business as a seller within this state to file with the department an application for a permit for each place of business and requires every retailer selling tangible personal property for storage, use, or other consumption in this state to register with the department. This bill, on and after October 1, 2019, would provide that a marketplace facilitator, as defined, is considered the seller and retailer for each sale facilitated through its marketplace, as defined, for purposes of determining whether that marketplace facilitator is required to register with the department under the Sales and Use Tax Law. The bill would provide that any marketplace facilitator that is registered or required to register with the department under the Sales and Use Tax law and who facilitates a retail sale of tangible personal property by a marketplace seller, as defined, is the retailer selling or making the sale of the tangible personal property sold through its marketplace for purposes of paying any sales taxes and collecting any use taxes. The bill, for purposes of determining whether a marketplace facilitator has total combined sales of tangible personal property for delivery in this state that would make it a retailer engaged in business in this state, would require the marketplace facilitator to include all sales made on its own behalf and by all related persons and sales facilitated on behalf of marketplace sellers. The bill would provide a marketplace facilitator relief from liability for the tax on a retail sale in specified circumstances. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and other existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. In conformity with the Sales and Use Tax Law, existing local use tax ordinances adopted pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law require a retailer engaged in business in this state for purposes of the Sales and Use Tax Law to also collect a use tax adopted pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law. In modified conformity with the Sales and Use Tax Law, existing use district tax ordinances adopted in accordance with the Transactions and Use Tax Law generally require a retailer to collect a use tax adopted pursuant to the Transactions and Use Tax Law only if the retailer is engaged in business in that district. The changes made to the Sales and Use Tax Law by this bill, by conformity, would be automatically incorporated into local use taxes ordinances adopted pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law. This bill would require districts that impose district use taxes in accordance with the Transactions and Use Tax Law to include a provision, to be operative on April 1, 2019, that provides that a retailer engaged in business in the district includes any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in the state or for delivery in the state by the retailer and all persons related to the retailer that exceeds $500,000, thereby requiring those retailers to collect those district use taxes. This bill would declare that it is to take effect immediately as an urgency statute.
(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.
(1) Existing law requires the State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, to enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code, and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. Existing law also authorizes a city, county, or city and county fire department or fire protection district to adopt more stringent or restrictive regulations. Existing law requires the State Fire Marshal or local fire enforcement agencies, as specified, to annually or biennially inspect, or to inspect with a different provided frequency, certain categories of structures for the purpose of enforcing building standards and other regulations of the State Fire Marshal, as specified. Existing law, in some cases, authorizes the assessment and collection of a fee to recover the costs of these inspections or related fire and life safety activities. This bill would, until January 1, 2029, require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all privately owned structures within the entity's responsibility that are in the Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations, unless the structure meets any of 4 specified criteria. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities, including reporting to the State Fire Marshal as described below. The bill would require a local agency, as defined, that is responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to submit to the State Fire Marshal an annual report containing information on the total number of structures within the local agency's responsibility, categorized by occupancy classification, as defined, and required frequency of inspection, as defined, pursuant to state or local law or regulation, and the number of those structures that are overdue for inspection. By imposing new inspection and reporting requirements on local entities, this bill would impose a state-mandated local program. (2) Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. This bill would instead specify that a building be deemed a substandard building when a health officer determines that any of those listed conditions exist to the extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. The bill would clarify that the term "substandard building" for purposes of the State Housing Law means a residential building or any other building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect. (3) The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions. This bill would define the term "residential rental unit" for those purposes to mean any unit rented for human habitation that is located in a building that is deemed or found to be a substandard building. (4) The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days' notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law requires an enforcement agency to provide copies of specified notices of violations to tenants residing in a residential building, and requires an order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public to include specified information. Existing administrative law requires notices under the State Housing Law to state the conditions causing the building to become substandard or in violation of specified requirements, and requires the enforcement agency to post conspicuously at least one copy of the notice on the building alleged to have become substandard. Existing law authorizes the enforcement agency to charge the owner of the building for its postage or mileage cost for sending or posting the notices. This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions. The bill would require an enforcement agency to post conspicuously at least one copy of specified documents relating to violations of these provisions on the building. The bill would authorize the enforcement agency to charge the owner of the building for its staff time for sending or posting the notices in addition to the postage and mileage costs. The bill would require an enforcement agency that issues a notice to correct a violation or to abate a nuisance pursuant to these provisions to include in that notice specified information related to what provisions were alleged to have been violated and what the owner is required to do to correct or abate those violations, unless the enforcement agency concludes that the time needed to include that information would prevent the agency from acting in time to prevent or remedy an immediate threat to the health and safety of the occupants of the building, nearby residents, or the public. The bill would define the term "petition" for those purposes to include a complaint. (5) The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public. This bill would, instead, require a court to order the appointment of a receiver pursuant to those provisions if the owner fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of the occupants of the building, nearby residents, or the public, unless there is clear and convincing evidence to the contrary. (6) Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant to the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law. This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable. (7) 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.
