Sen. Jenny Oropeza

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, administration of provisions relating to maternal and child health. This bill would declare the intent of the Legislature to enact legislation that would provide consumer warnings regarding scientific findings relating to associations between certain conditions during pregnancy and subsequent brain cancer in children.

The Golden State Scholarshare Trust Act establishes the Golden State Scholarshare Trust, under the administration of the Scholarshare Investment Board, to provide financial aid for postsecondary education costs of participating students. The act requires the board to segregate moneys received by the trust into 2 funds, one of which is the administrative fund. Existing law requires the funds in the administrative fund to be available for expenditure, upon appropriation by the Legislature, for specified purposes. This bill would expand the purpose for which funds in the administrative fund can be expended, to include reimbursement of the Franchise Tax Board's actual cost of implementing and maintaining a specified designation on the form of the return. The Personal Income Tax Law imposes taxes on taxable income which are administered by the Franchise Tax Board. Existing law authorizes taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would, until December 31, 2014, authorize a taxpayer to designate on his or her tax return that a contribution in excess of tax liability, as specified, be deposited by the Franchise Tax Board into a qualified tuition program account, as specified. This bill would require the Franchise Tax Board to revise the form of the return to include the necessary information that will allow a taxpayer to make this designation, as provided. This bill would require the Scholarshare Investment Board to reimburse the Franchise Tax Board for the actual cost of implementing and maintaining this designation on the form of the return, as provided.

The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight in those communities. Existing law requires each agency to prepare or cause to be prepared, and approve, a redevelopment plan for each project area. Existing law requires that a redevelopment plan contain specified time limitations and authorizes the extension of time limitations under specified circumstances. This bill would authorize an agency to extend the time limitation on the effectiveness of a redevelopment plan and on the payment of indebtedness and receipt of property taxes for not more than 10 years if the agency determines, based on substantial evidence that, among other conditions, at least 25% of the project area is property where the agency is authorized to take action to remedy or remove a release of hazardous substances pursuant to existing law. The bill would require the agency to include in certain reports specified information relating to that property and would make other related and conforming changes. The bill would specify that it applies only to territory within the original boundary of a specified project area of the Carson Redevelopment Agency. The bill would also declare the need for a special statute.

(1) The California Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state, requires a retailer to obtain a separate license for each retail location, requires retailer licensees to pay a one-time license fee of $100, no renewal fee, and a reinstatement fee of $100 if the license is renewed after lapse, and authorizes the board to suspend or revoke the license of any retailer of tobacco products that is in violation of the act. Existing law requires all moneys collected pursuant to the act to be deposited in the Cigarette and Tobacco Products Compliance Fund, which is available for appropriation by the Legislature solely for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003. This bill would specify that a new license may not be issued to a retailer for a retail location that is located within 600 feet of a school, except as specified. This bill would prohibit the board from issuing a new license to a retailer for a retail location in an area of overconcentration, as defined. The bill would authorize the board to issue a new license if the local governing body of the area in which the applicant's premises are located, or its designated subordinate officer or body, determines that public convenience or necessity would be served by the issuance. The bill would require that determination to be made within 90 days of notification of a completed application, as specified, except that if the local governing body, or its designated subordinate officer or body, did not make a determination within 90 days the license would be deemed denied. The board would be authorized to issue a license if the determination is made within the 90-day period and the applicant shows that public convenience or necessity would be served by the issuance. The bill would set the renewal fee at $100. This bill would allow, under specified circumstances, a retailer to transfer an existing license to another person for continued use at the same location upon the sale or transfer of the business holding the license, if the business is in an area of overconcentration. This bill would require the Department of Alcoholic Beverage Control and the State Department of Public Health to provide specified information to the board upon request. (2) Existing law, the Stop Tobacco Access to Kids Enforcement Act or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors. Existing law also makes it a misdemeanor for a retailer to knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sell, give, or in any way furnish a minor with tobacco products or paraphernalia. Under existing law, violation of the STAKE Act or the misdemeanor provision result in State Board of Equalization action, on a set schedule, relating to the licensure of the retailer when the youth purchase survey finds that 13% or more of youth are able to purchase cigarettes, and makes the board's authority inoperative when a youth purchase survey shows less than 13% of youth were able to purchase cigarettes. This bill would allow the board to take action relating to the licensure of retailers who have violated the STAKE Act and misdemeanor provisions at any time, would require the enforcing agency to notify the board of a conviction of a violation in a timely manner, and would require the board to take appropriate action upon that notification. This bill would delete the provision conditioning the board's authority to take action against retailers on the results of a youth purchase survey. This bill would also modify the schedule of actions taken by the board for violations. This bill would require the Department of Alcoholic Beverage Control and the State Department of Public Health to provide specified information to the board upon request.

Existing law provides that the Department of Corrections and Rehabilitation consists of Juvenile Justice, among others. Existing law creates within the Department of Corrections and Rehabilitation under the Chief Deputy Secretary for Juvenile Justice, the Division of Juvenile Facilities, the Division of Juvenile Programs, and the Division of Juvenile Parole Operations. This bill would make a clarifying change by creating the Division of Juvenile Justice. The bill would also make other nonsubstantive conforming changes. Existing law states that the purpose of the Division of Juvenile Parole Operations within the Department of Corrections and Rehabilitation is to monitor and supervise the reentry into society of youthful offenders under the jurisdiction of the department, and to promote the successful reintegration of youthful offenders into society, in order to reduce the rate of recidivism, thereby increasing public safety. This bill would require the Division of Juvenile Justice to collect recidivism rates, as specified, of youthful offenders under the jurisdiction of the department. The bill would also require the division to create an annual report that includes recidivism outcomes and rate data and post that data on the department's Internet Web site.

Existing law, with specified exceptions, exempts a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank from liability for any damage or injury resulting from the consumption of the donated food. Existing law also exempts from liability any person who donates any agricultural product, as provided. Existing federal law also contains specified exemptions from liability for the donation of apparently fit grocery products to a nonprofit organization. Existing federal law allows for a tax deduction for charitable contributions of food inventory. This bill would require the California Department of Food and Agriculture and the California Department of Public Health to make information available, as provided, about certain state and federal statutory exemptions from liability for the donation of food to a nonprofit corporation and tax deductions for charitable contributions of food inventory.

This measure would request the County of Los Angeles to undertake a comprehensive update of the Marina del Rey local coastal program prior to any further approvals of coastal development permits or amendments to the local coastal program for Marina del Rey, in order to ensure that any redevelopment proposals reflect the statewide goals and objectives of the California Coastal Act of 1975 and the California Environmental Quality Act.

Existing law prohibits a retailer from imposing a surcharge on a credit cardholder who elects to use a credit card instead of paying by cash, check or similar means, as provided. Existing law also provides that any retailer who imposes a surcharge and who fails to pay that amount to the cardholder within 30 days of written demand is liable for 3 times the amount at which actual damages are assessed. The cardholder is entitled to recover reasonable attorney's fees and costs incurred in the action. Existing law exempts from these provisions charges for payment made to an electrical, gas, or water corporation. Existing law also regulates the use of debit cards, as defined. This bill would make these provisions applicable to a retailer in any sales, service, or lease transaction with a consumer who elects to use a debit card instead of paying by cash, check, or similar means. This bill would also include a prepaid card or other means of access to prepaid funds, as provided, in the definition of debit card.

This measure would memorialize the Congress and the President of the United States to uphold protections of women's equality and to encourage all Americans to participate in the celebration of Women's Equality Day on August 26, 2010, the 90th anniversary of the passage of the Nineteenth Amendment to the United States Constitution, which gave women the right to vote.

Existing law, the California High-Speed Train Act, creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law, the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. This bill, subject to appropriation by the Legislature, would require the authority to expend federal funds made available by the federal American Recovery and Reinvestment Act of 2009 (ARRA) for specified high-speed rail purposes. The bill would require the authority to take various actions in that regard. The bill would also require the authority to submit to the Legislature and the Legislative Analyst an expenditure plan for the federal funds within 60 days of finalization of a cooperative agreement with the federal government. The bill would make legislative findings and declarations relative to federal funds to be made available to the state by ARRA for high-speed rail purposes. The bill would exempt the Transbay Transit Center project in San Francisco from these provisions. This bill would provide that it shall become operative only if A.B. 289 is also enacted.