Sen. Kelly Seyarto

Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations, as specified, to immobilize a vehicle with a device made for that purpose, if the vehicle is found upon a highway or public lands within the officer or employee's jurisdiction, and the vehicle has been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded within the prescribed time period, or the registered owner has been issued 5 or more notices for failure to pay or failure to appear in court for traffic violations, as specified. Existing law allows a vehicle to be immobilized until the owner or person in control of the vehicle presents the immobilizing law enforcement agency with specified information, including evidence that all outstanding parking penalties have been paid. Existing law makes it unlawful and punishable as an infraction for a person to dump or cause to be dumped waste matter upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful and punishable as a misdemeanor for a person to place, deposit, or dump, or cause to be placed, deposited, or dumped, waste matter in commercial quantities, as specified. This bill would similarly authorize the immobilization of a vehicle with a device made for that purpose if the registered owner of the vehicle has been issued a certain number of notices of illegal dumping violation that are delinquent, or is known to have been issued a certain number notices for failure to pay or failure to appear in court for an illegal dumping violation, as specified.

Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor to exercise certain powers in response to that emergency, including, but not limited to, suspending specified statutes, ordinances, orders, regulations, or rules. This bill would impose specific duties on the Department of Housing and Community Development if the Office of Emergency Services makes a written determination, within 10 days after the date that the Governor declared a state of emergency relating to a wildfire, that the wildfire caused substantial structural damage requiring significant rebuilding efforts, as defined. The bill would require the department, under this condition, to consult with other specified state entities and local governments to identify state permitting requirements and local procedures that could be suspended or revised to support recovery and rebuilding efforts as a result of the wildfire, as specified. The bill would require the department to prepare and submit initial and periodic reports to the Governor and Legislature with the information and recommendations. This bill, on or before July 1, 2028, would require the Department of Housing and Community Development, in consultation with other specified state entities, to convene a workgroup to review and provide a report to the Governor and the Legislature with recommendations regarding any provision of the California Building Standards Code that should be suspended for specified types of projects to facilitate rapid, safe, disaster-resilient, and cost-effective rebuilding and recovery guidance for any future state of emergency. The bill would require the workgroup to review and update the report to the Governor and Legislature after the release of every update to the California Building Standards Code. This bill, starting January 1, 2028, would require, upon the Governor's declaration of a state of emergency relating to a wildfire, every state agency or political subdivision, as defined, involved in postdisaster response, debris removal, reconstruction, housing, or land-use permitting to accept electronic submission of any application, form, plan set, appeal, or request for state agency or political subdivision action related to recovery efforts for that state of emergency, as provided. By imposing new duties on local agencies, 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.

Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined. This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program. Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person's death, they may be charged with murder. This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described. 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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Governor to proclaim various days as days of remembrance or recognition. This bill would require the Governor to annually proclaim September 25 as Dolly Parton Day. This bill would declare that it is to take effect immediately as an urgency statute.

The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development along a commercial corridor that satisfies specified site criteria, affordability criteria, and objective development standards, and deems a housing development that meets those requirements a use by right and subject to streamlined, ministerial review. Existing law prohibits the objective standards from precluding a development from being built at specified residential density required and from requiring the development to reduce unit size to meet the objective standards. This bill would also prohibit the objective standards from prohibiting or otherwise limiting mixed-use development, as defined, in a housing development project. By changing the criteria local agencies must follow for the approval of certain development projects, the bill would impose a state-mandated local program. The Affordable Housing and High Road Jobs Act of 2022 defines various terms for purposes of the act. This bill would make nonsubstantive changes to those definition provisions. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 establishes the Motor Vehicle Account in the State Transportation Fund and requires moneys in the account, upon appropriation by the Legislature, be expended by the Department of Motor Vehicles and the Department of the California Highway Patrol for the purposes of enforcing laws related to vehicles or the use of highways. Existing law requires a lienholder to comply with specified procedures to conduct a vehicle lien sale. With regards to those procedures, existing law requires that the proceeds of a vehicle lien sale be paid to the lienholder in the amount necessary to discharge the lien and to cover the cost of processing the vehicle, among other requirements. Existing law requires that the balance be forwarded to the Department of Motor Vehicles and requires the balance to be deposited in the Motor Vehicle Account in the State Transportation Fund, as provided. Existing law authorizes any person claiming an interest in the vehicle to file a claim with the Department of Motor Vehicles for any portion of the funds from the lien sale that was forwarded to the department, as provided. Existing law prohibits the Department of Motor Vehicles from honoring any claim unless the claim has been filed within 3 years of the date the funds were deposited in the Motor Vehicle Account. This bill would delete the above-described prohibition against the Department of Motor Vehicles from honoring any claim. The bill would, instead, 3 years after the date the funds were deposited in the Motor Vehicle Account, require the Department of Motor Vehicles to transfer any funds deposited in the Motor Vehicle Account to the Controller and would require the funds to be treated as escheated property. The bill would make the bill's provisions operative on January 1, 2030. Because this bill would require the balance to be treated as escheated property to the state, and thereby deposited in the Unclaimed Property Fund, which is a continuously appropriated fund, this bill would make an appropriation.

Existing law authorizes the Public Utilities Commission to supervise and regulate every public utility in the state, including telephone corporations, and to fix just and reasonable rates and charges for public utilities. Existing law establishes the state's 6 universal service funds in the State Treasury, including the California High-Cost Fund-A Administrative Committee Fund (CHCF-A) and the California High-Cost Fund-B Administrative Committee Fund (CHCF-B) , and provides that moneys in each of the state's universal service funds are the proceeds of rates and are held in trust for the benefit of ratepayers and to compensate telephone corporations for their costs of providing universal service. Moneys in the funds may only be expended to accomplish specified telecommunications universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation. Existing law, the CHCF-A program, until January 1, 2028, requires the commission to develop, implement, and maintain a suitable program to establish a fair and equitable local rate structure aided by universal service rate support to small independent telephone corporations that serve rural areas and are subject to rate-of-return regulation by the commission. Existing law, the CHCF-B program, until January 1, 2028, requires the commission to develop, implement, and maintain a suitable, competitively neutral, and broad-based program to establish a fair and equitable local rate support structure aided by universal service rate support to telephone corporations serving areas where the cost of providing services exceeds rates charged by providers, as determined by the commission. This bill would extend the CHCF-A program and CHCF-B program requirements to January 1, 2033. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the CHCF-A program and CHCF-B program, which would be extended under the provisions of this bill, are part of the act, and a violation of a commission action implementing the programs' requirements would be a crime, 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the State Registrar to establish a new birth certificate upon receipt of a report of adoption or a readoption order, as specified. This bill would require the State Registrar to establish a new birth certificate pursuant to the provisions above within 11 weeks upon receipt of a report of adoption or a readoption order. If the State Registrar determines that the report of adoption or readoption order is incomplete, the bill would require the State Registrar to notify the court that issued the report of adoption or readoption order, or the applicant as the State Registrar deems necessary, within 14 weeks requesting the required documentation, and would require the State Registrar to establish a new birth certificate within 11 weeks of receipt of the required documentation. If the required documentation is not received within 90 calendar days after the court or applicant is notified, the bill would authorize the State Registrar to return the incomplete report of adoption or readoption order to the applicant for resubmission.

Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies. Existing law requires the disclosures to be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant's family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant's case if that disclosure is required for that preparation. This bill would require the court, in specified criminal cases involving sexually explicit material depicting an adult victim, to issue a protective order governing the disclosure of that material, with conditions sufficient to safeguard the victim's privacy, prevent unnecessary copying, transmission, or dissemination of the material, and ensure the defendant's right to a fair trial and a meaningful opportunity to participate in their own defense. This bill would, if the court issues that protective order, prohibit the parties from disclosing to any person copies of sexually explicit material depicting an adult victim, unless specifically permitted to do so by the protective order. The bill would authorize an attorney for any party to disclose or permit to be disclosed copies of sexually explicit material depicting an adult victim subject to the protective order, to a person necessary for the preparation of the case, including the defendant. The bill would, if a party receives any other sexually explicit material of the adult victim, require the party to notify the court for inclusion of the material in any existing protective order, or inclusion in a new or separate protective order. By increasing duties on local prosecutors, this bill would impose a state-mandated local program. This bill would clarify that these provisions do not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence nor affect the admissibility of any relevant evidence in court. 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 creates the Commission on State Mandates and establishes procedures for implementing the requirement in the California Constitution that the state reimburse local agencies and school districts for certain costs mandated by the state. Existing law makes a reimbursement claim for actual costs filed by a local agency or school district subject to the initiation of an audit by the Controller and authorizes the Controller to make a field review of a claim after it has been submitted but before it has been reimbursed. Existing law requires the Controller to notify the claimant in writing within 30 days after issuance of a remittance advice of any adjustment to a claim for reimbursement that results from an audit or review. This bill would, instead, require the Controller to notify the claimant in writing within 30 days of any adjustment that results from an audit or review. The bill would also allow a local agency or school district, upon receipt of the notice, to elect, at its discretion, to have the Controller offset any reduced reimbursement, as prescribed, or to adjust the payment of claims.