Existing law requires that all expenses authorized and necessarily incurred in the preparation for, and conduct of, elections be paid from the county treasuries, except when an election is called by the governing body of a city. This bill would provide that expenses authorized and necessarily incurred for elections proclaimed by the Governor to fill a vacancy in the office of State Senator or Assembly Member, or to fill a vacancy in the office of United States Senator or Representative in the Congress, are to be paid by the state. When an election proclaimed by the Governor is consolidated with a local election, the bill would provide that the state shall pay only those additional expenses directly related to the election proclaimed by the Governor.
Sponsored bills
The Sales and Use Tax Law imposes a tax on the gross receipts from the sale of tangible personal property sold at retail in this state, or on the sales price of tangible personal property purchased from a retailer for the storage, use, or other consumption of that property in this state. That law defines the terms "gross receipts" and "sales price." This bill would, until January 1, 2017, provide, for purposes of that law, that the terms "gross receipts" and "sales price" do not include the value of a motorcycle traded in for a new motorcycle, if the value of the trade-in motorcycle is separately stated on the new motorcycle invoice or bill of sale or similar document provided to the purchaser. The Bradley-Burns Uniform 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 existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law which conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse counties and cities for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
Existing law prescribes the circumstances under which telephone corporations, as defined, may release information regarding residential subscribers without their written consent. This bill would require a commercial seller of mobile telephony service communications devices (commonly known as "cell phones") that incorporate geotagging, as defined, capability to disclose this capability to a potential purchaser prior to completing a sale of the device. The bill would prohibit the commercial seller from selling a mobile telephony service communications device to a purchaser with the geotagging capability activated or operational without first obtaining the purchaser's consent, in writing, acknowledging that the purchaser has been informed of the existence of the geotagging capability and consents to this capability being activated or operational.
The Department of Labor Standards Enforcement is generally charged with enforcing employment statutes and regulations, either in administrative actions or through litigation. An employer may face administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations. This bill would permit an employer to raise as an affirmative defense that, at the time of an alleged violation, the employer was acting in good faith and in compliance with or reliance upon an applicable employment statute or regulation.
Existing law requests the University of California to compile specified information, including a survey of existing resources throughout California's governmental and administrative structure that are available to address the needs of an aging society. Existing law requires the Secretary of California Health and Human Services, based upon the information compiled by the University of California and with the consultation or advice of specified entities, to develop a statewide strategic plan on aging for long-term planning purposes and submit the plan to the Legislature by July 1, 2003. This bill would require that the plans developed pursuant to these provisions be updated by January 1, 2014, and periodically thereafter, to include specified information.
The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor, as specified. This bill would establish a framework to authorize intrastate Internet poker, as specified. The bill would require the commission to adopt emergency regulations, in consultation with the department, providing for the issuance of licenses to operate intrastate Internet poker Web sites and governing the intrastate play of poker games on the Internet. The bill would make it a misdemeanor for any person or entity to offer or participate in any form of illegal Internet gambling, as defined, or to knowingly process any financial transaction arising out of participation in illegal Internet gambling. The bill would authorize the seizure of any money or property used in or derived from illegal Internet gambling, as specified, and would provide for any money or property that has been seized to be forfeited to the Internet Gambling Fund, as established by this bill. By creating new crimes, this bill would impose a state-mandated local program. This bill would permit these Internet Web sites to conduct a live online nonbanked, nonpercentage version of the card game poker within the borders of the State of California under the same rules, and with the same manner of compensation, as apply to poker games currently conducted in licensed gambling establishments and tribal class II gaming facilities. The bill would require the commission to issue licenses to own and operate intrastate Internet poker Web sites to eligible entities, as specified. The bill would authorize the commission to assess fees on licensed entities in an amount reasonably necessary to reimburse the commission for its costs in implementing and administering these provisions, including a registration fee. The bill also would require a licensed entity to pay a license fee equal to 10% of the fees collected by the licensed entity from players participating in poker games conducted on its Internet Web site. The bill would provide for all fees to be remitted to the Internet Gambling Fund, as established by this bill and administered by the Controller, subject to annual appropriation by the Legislature. 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 provides that each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive, that include strategies aimed at the prevention of, and education about, potential incidents involving crime and violence on the school campus, as specified. This bill would encourage, as comprehensive school safety plans are reviewed and updated, all plans, to the extent that resources are available, to include policies and procedures to ensure that appropriate strategies, resources, training, and other prevention or intervention efforts are in place to deal with the remediation and termination of bullying, as specified. Existing law prohibits the suspension of a pupil from school or the recommendation of a pupil for expulsion from school unless a school district superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed any of several specified acts, among which is having engaged in an act of bullying. For purposes of this provision, bullying is defined to include an act of sexual harassment or hate violence, or threats or intimidation directed against school pupils or personnel, and to include bullying committed by electronic means, as defined. This bill would also define bullying to include, but not be limited to, acts motivated by specified actual or perceived characteristics of the victim.
Existing law, for purposes of a home financing program, provides that a city or county has specified powers and duties and may administer a home financing program to acquire, contract, and enter into advance commitments to acquire home mortgages, as defined, made or owned by lending institutions at the purchase prices and upon other terms and conditions as determined by the city or county. Existing law includes the refinancing of home mortgages in the criteria for establishing a maximum household income for the purposes of a city- or county-administered home financing program. Existing law would repeal these provisions on January 1, 2012. This bill would revise the repeal dates so these provisions would be repealed on January 1, 2017.
Existing law, the California Early Intervention Services Act, is administered jointly by the Secretary of California Health and Human Services and the Superintendent of Public Instruction, with the State Department of Developmental Services as the lead agency responsible for administration and coordination of the statewide system of services for the enhancement of the development of children who have disabilities or who are at risk of having disabilities and to minimize the potential for delays in their development. Under existing law, these provisions are in effect only until the state terminates its participation in prescribed components of the federal Individuals with Disabilities Education Act. This bill would require the secretary and the Superintendent of Public Instruction to, among other things, create and require the use of an interagency electronic integrated assessment instrument for these purposes. The bill would also establish the Special Children's Electronic Integrated Assessment Instrument Fund in the State Treasury to be made available, upon appropriation, for the implementation of this bill. The bill would require the Director of Finance to file a prescribed notice if sufficient moneys are available in the fund to implement the bill.
(1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, 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, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would, until January 1, 2015, exempt from those CEQA requirements a project that consists of the alteration of a vacant retail structure that existed prior to January 1, 2009, is not more than 120,000 square feet in area, and that meets specified requirements. (2) CEQA also requires the lead agency to call at least one scoping meeting for a project of statewide, regional, or areawide significance. CEQA requires the lead agency to provide to specified entities, including a city or county that borders the city or county within which the project is located, a responsible agency, a public agency with jurisdiction by law with respect to the project, and a transportation planning agency or public agency required to be consulted, a notice of at least one scoping meeting. This bill would additionally require the lead agency to provide a notice to other entities that have filed a written request for the notice. (3) By imposing various additional duties on a lead agency with regard to the implementation of CEQA requirements, this bill would increase the service provided by a local agency, thereby creating a state-mandated local program. (4) 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.