The Corporation Tax Law, in modified conformity with federal law, provides an exemption from the taxes imposed by those laws for specified organizations. Existing law provides that tax-exempt status, under certain circumstances, may be suspended or revoked. Existing federal law defines various crimes against the established republican form of government, including treason, insurrection, and seditious conspiracy, as provided. This bill would authorize the Attorney General to make a finding that a tax-exempt organization has actively engaged in, or incited the active engagement in, acts or conspiracies defined as criminal under specified federal law, and likely to produce imminent violation of that federal law. The bill would require the Attorney General to notify the Franchise Tax Board of such a finding, and would state the existing authority of the Franchise Tax Board to revoke the tax-exempt status of the organization found to be in violation.
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Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes a county board of supervisors, by ordinance, to establish a commission to negotiate an exclusive contract with the department and to arrange for the provision of health care services under the Medi-Cal program. This system of services provided by or through a county under these provisions is known as a county organized health system. Pursuant to this authority, the County of Orange, by ordinance, established a commission, known as the Orange County Health Authority, or CalOptima, to provide health care services under the Medi-Cal program. Existing law codifies the establishment of the Orange County Health Authority and vests governance of the authority in a 10-member governing body. Existing law prescribes the membership of the governing body, which includes, among others, 2 members of the Board of Supervisors of the County of Orange, one member who is a current or former hospital administrator, and one member who is a representative of a community clinic. Existing law requires a member of the governing body to serve a 4-year term, except for a member who is a member of the Board of Supervisors of the County of Orange, who is required to serve a one-year term. Existing law prohibits a member of the governing body, except for a member of the Board of Supervisors of the County of Orange, from serving more than 2 consecutive terms. This bill would prohibit an individual who served a one-year term on the governing body as a member of the board of supervisors from being appointed to serve a 4-year term under any of the other categories within 12 months of the expiration of their one-year term. Under existing law, the voting members are nominated by the Orange County Health Care Agency and are appointed by a majority vote of the board of supervisors. This bill would require the board of supervisors to consult with stakeholders in the County of Orange, as specified, for purposes of identifying qualified individuals to be considered as members of the governing body. Existing law requires members of the governing body to, among other things, strive to improve health care quality, promote prevention and wellness, ensure the provision of cost-effective health and mental health care services, and reduce health disparities. This bill would require the members of the governing body to ensure the provision of cost-effective behavioral health care services, rather than mental health care services, and would additionally require the members to address the needs of Medi-Cal members who are affected by homelessness and housing instability, improve quality outcomes, and manage the risk and needs of Medi-Cal beneficiaries through whole-person care approaches and addressing social determinants of health. This bill would require a member of the governing body who has a financial interest in a decision of the governing body to, upon identifying a conflict of interest or a potential conflict of interest, take certain actions, including publicly identifying the financial interest that gives rise to the conflict of interest or potential conflict of interest, recusing the member's own self from discussing and voting on the matter, and leaving the room until after the discussion, vote, and any other disposition of the matter is concluded. This bill would prohibit members of the governing body, for a period of one year after leaving office, from acting as an agent or attorney for, or otherwise representing, for compensation, any other person, by making any appearance before, or by making any communication to, the commission, as specified, if the appearance or communication is made for the purpose of influencing the commission to take certain actions. The bill would also prohibit specified members of the governing body, for a period of one year after leaving office, from serving as an employee, agent, or attorney for, or otherwise representing, for compensation, the Orange County Health Authority or any other entity that received an expenditure of Medi-Cal funds from the Orange County Health Authority during the prior 5 years, with exceptions, including if the member is returning to or continuing a role they held when appointed to the governing body. This bill would eliminate the January 1, 2023, repeal date for the authority, thereby extending the authorization for the authority indefinitely. The bill would make other clarifying changes. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.
Existing law requires the Department of Motor Vehicles to issue a driver's license to an applicant when the department determines that the applicant is lawfully entitled to a license. Existing law allows an in-person applicant for a driver's license or identification card to request the word "VETERAN" be printed on the face of the driver's license or identification card, subject to certain requirements, including, among others, verification of veteran status, as specified, and payment of a $5 fee, which the department is authorized to increase by regulation, in an amount not to exceed $15, as specified. Existing law prohibits a fee from being charged for that request if made by a person who has been determined to have a current income level that meets the eligibility requirements for specified assistance programs or a person who can verify their status as a homeless person, in accordance with specified provisions. This bill would repeal the requirement that an applicant pay the above-described fee. This bill would incorporate additional changes to Section 12811 of the Vehicle Code proposed by SB 1193 to be operative only if this bill and SB 1193 are enacted and this bill is enacted last.
Existing law exempts, except as specified, a vehicle that is owned by a disabled veteran, a former American prisoner of war, or a Congressional Medal of Honor recipient, or the surviving spouse of a former American prisoner of war or Congressional Medal of Honor recipient who has elected to retain special license plates, that is of a type subject to registration under the Vehicle Code, and that is not used for hire, compensation, or profit, from certain fees imposed pursuant to the Vehicle Code and a vehicle license fee imposed for the privilege of operating specified vehicles. Beginning January 1, 2027, this bill would additionally exempt a Purple Heart recipient, and the surviving spouse of a Purple Heart recipient who has elected to retain special license plates, from those fees.
Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. Existing law, the California Global Warming Solutions Act of 2006, requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the state's climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond. This bill would require the state board to establish a Carbon Capture, Removal, Utilization, and Storage Program, as provided, to evaluate the efficacy, safety, and viability of carbon capture, utilization, or storage (CCUS) technologies and carbon dioxide removal (CDR) technologies and facilitate the capture and sequestration of carbon dioxide from those technologies, where appropriate. The bill would require the program to ensure that carbon dioxide capture, removal, and sequestration projects include specified components including, among others, certain monitoring activities. In carrying out the program's objectives, the bill would require the state board to prioritize, among other priorities, reducing the emissions of greenhouses gases and reducing fossil fuel production in the state. The bill would require the state board to adopt regulations to implement the program and, in developing the program, to consult with the Geologic Carbon Sequestration Group described below. This bill would require the state board, in consultation with relevant state and local agencies, by January 1, 2025, to adopt regulations for a unified permit application for the construction and operation of carbon dioxide capture, removal, or sequestration projects to expedite the issuance of permits or other authorizations for the construction and operation of those projects. The bill would require relevant state agencies to use the unified permit application when issuing permits or other authorizations for a carbon dioxide capture, removal, or sequestration project. This bill would require the state board, by January 1, 2025, to develop a centralized public database to track the deployment of CCUS and CDR technologies and the development of carbon dioxide capture, removal, and sequestration projects throughout the state. The bill would authorize the state board, by January 1, 2024, to adopt protocols to support additional methods of utilization or storage of captured carbon dioxide. The bill would require the state board, no later than January 1, 2025, to adopt regulations for financial responsibility for carbon dioxide capture, removal, or sequestration projects, as specified. This bill would require the Secretary of the Natural Resources Agency, in consultation with the state board, to publish a framework by July 1, 2025, for governing agreements regarding 2 or more tracts of land overlying the same geologic storage reservoir or reservoirs for purposes of managing, developing, and operating a carbon dioxide capture, removal, or sequestration project, as provided. This bill would provide that title to any geologic storage reservoir is vested in the owner of the overlying surface estate unless it has been severed and separately conveyed and would establish certain requirements with regard to the conveyance of the ownership interest of a geologic storage reservoir. No less than 60 days before commencing development of a carbon dioxide capture, removal, and sequestration project, the bill would require the carbon dioxide capture, removal, or sequestration project operator to provide written notice of the project to each owner of a surface, subsurface, or storage reservoir estate that is adjacent to a geologic storage complex or a geologic storage reservoir that is included in the project. The bill would repeal the provisions described in this paragraph on a specified date. This bill would require a carbon dioxide capture, removal, or sequestration project operator, among other things, (1) to maintain financial responsibility for a specified period of time, (2) to show proof to the state board that there is binding agreement among relevant parties that drilling or extraction that may penetrate the geologic storage reservoir are prohibited for at least 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir, and (3) to create an air monitoring and mitigation plan and to submit the plan to the state board. This bill would authorize the state board to require changes in operations of a carbon dioxide capture, removal, or sequestration project to ensure public and environmental health and safety if the monitoring and reporting detects increased seismicity or carbon dioxide leakage outside the geologic storage reservoir. This bill would require the California Geological Survey to establish the Geologic Carbon Sequestration Group to provide independent expertise and regulatory guidance to the state board. The bill would establish certain of the group's duties, including identifying high-quality, suitable locations of a class of carbon dioxide injection wells. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production. The federal Safe Drinking Water Act regulates certain wells as Class II injection wells. Under existing federal law, the authority to regulate Class II injection wells is delegated to the Geologic Energy Management Division. Under existing regulations, a well operator is required to obtain approval from the supervisor or a district deputy for a subsurface injection or disposal project, including Class II injection wells, and is required to file a notice of intention whenever a new well is to be drilled for use as an injection well or whenever an existing well is converted to an injection well. This bill would prohibit an operator from injecting a concentrated carbon dioxide fluid produced by a carbon dioxide capture, removal, or sequestration project into a Class II injection well for purposes of enhanced oil recovery, including the facilitation of enhanced oil recovery from another well. Under existing law, a person who fails to comply with specified requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. Because a violation of the prohibition specified in this bill 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 make its operation contingent on the enactment of AB 1279 of the 2021–22 Regular Session, as provided.
(1) Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled. This bill, contingent upon the State Department of Health Care Services developing an allocation to provide financial assistance to counties, would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. The bill would require the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne and the City and County of San Francisco to implement the program commencing October 1, 2023, and the remaining counties to commence no later than December 1, 2024. The bill would require the Judicial Council to develop a mandatory form for use in filing a CARE process petition and would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner's assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE Act proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program. This bill would require the court to appoint counsel for the respondent, unless the respondent has retained their own counsel. The bill would require the Legal Services Trust Fund Commission at the State Bar to provide funding to qualified legal services projects to provide legal counsel in CARE Act proceedings, as specified. The bill would authorize the respondent to have a supporter, as defined. The bill would require the State Department of Health Care Services, in consultation with specified stakeholders, to provide optional training and technical resources for volunteer supporters on the CARE process, community services and supports, supported decisionmaking, and other topics, as prescribed. This bill would require the California Health and Human Services Agency, or a designated department within that agency, to engage an independent, research-based entity to advise on the development of data-driven process and outcome measures for the CARE Act and to convene a workgroup to provide coordination and support among relevant state and local partners and other stakeholders throughout the phases of county implementation of the CARE Act. The bill also would require the State Department of Health Care Services to provide training and technical assistance to county behavioral health agencies to implement the act and to provide training to counsel, as specified. The bill would require the Judicial Council, in consultation with the department and others, to provide training to judges regarding the CARE process, as specified. This bill would authorize the court, at any time during the CARE process, if it finds the county or other local government entity not complying with court orders, to report that finding to the presiding judge of the superior court or their designee. If the presiding judge or their designee finds, by clear and convincing evidence, that the local government has substantially failed to comply with the CARE process, the presiding judge may impose a fine of up to $1,000 per day and, if the court finds persistent noncompliance, to appoint a special master to secure court-ordered care for the respondent at the county's cost. The bill would establish the CARE Act Accountability Fund in the State Treasury to receive the fines collected under the Act, which would, upon appropriation, be allocated and distributed by the department to the local government entity that paid the fines to serve individuals who have schizophrenia spectrum or other psychotic disorders who are experiencing or are at risk of homelessness, criminal justice involvement, hospitalization, or conservatorship. This bill would require the department, in consultation with the Judicial Council, to develop an annual reporting schedule for the submission of CARE Act data from the trial courts and would require the Judicial Council to aggregate the data and submit it to the department. The bill would require the department, in consultation with various other entities, to develop an annual CARE Act report and would require county behavioral health agencies and other local governmental entities to provide the department with specified information for that report. The bill would require an independent, research-based entity retained by the department to develop an independent evaluation of the effectiveness of the CARE Act and would require the department to produce a preliminary and final report based on that evaluation. By increasing the duties of a local agency, this bill would impose a state-mandated local program. This bill would exempt a county or an employee or agent of a county from civil or criminal liability for any action by a respondent in the CARE process, except when an act or omission constitutes gross negligence, recklessness, or willful misconduct. Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF) , a continuously appropriated fund, to fund various county mental health programs, including children's mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs. This bill would clarify that MHSA funds may be used to provide services to individuals under a CARE agreement or a CARE plan. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plans and insurers to provide coverage for medically necessary treatment of mental health and substance use disorders. Violation of the Knox-Keene Act by a health care service plan is a crime. This bill would require health care service plans and insurers to cover the cost of developing an evaluation for CARE process services and the provision of all health care services for an enrollee or insured when required or recommended for the person pursuant to a CARE plan, as specified, without cost sharing, except for prescription drugs, and regardless of whether the services are provided by an in-network or out-of-network provider. Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program. (3) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency. This bill, for a misdemeanor defendant who has been determined to be incompetent to stand trial, would authorize the court to refer the defendant to the CARE process. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) This bill would state that its provisions are severable. (6) This bill would incorporate additional changes to Section 1370.01 of the Penal Code proposed by SB 1223 to be operative only if this bill and SB 1223 are enacted and this bill is enacted last. (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.
Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby. This bill would declare a contract voidable that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.
(1) The California Cultural and Historical Endowment Act establishes the California Cultural and Historical Endowment in the Natural Resources Agency. Among other things, the act authorizes the endowment to make grants and loans on a competitive basis to public agencies and nonprofit organizations, as defined, to encourage development of California's historical and cultural resources. Existing law, to the extent funding is available, requires the endowment to establish a program to assist and enhance the services of California's museums and of other groups and institutions that undertake cultural projects that are deeply rooted in and reflective of previously underserved communities. Existing law requires the program to give priority to certain museum and cultural programs and projects, as provided. This bill would revise and recast those provisions to, among other things, instead require the endowment to establish a competitive grant program to assist and enhance the services of museums in the state that undertake programs and projects that are deeply rooted in and reflective of underserved communities. The bill would instead require the grant program to give priority to those programs and projects (A) serving pupils and teachers at schools eligible to be served under Title I, Part A of the federal Elementary and Secondary Education Act, (B) serving children in low-income communities, (C) supporting a museum in engaging or collaborating with underserved communities, as specified, (D) advancing preservation of at-risk cultural and natural collections and historic buildings, as provided, (E) improving access to historic buildings, cultural sites, or museums, as specified, (F) supporting the ethical stewardship of culturally sensitive art and artifacts, as provided, or (G) educating the public about critical issues affecting Californians. (2) Existing law authorizes the California Cultural and Historical Endowment to create a specified competitive grant program to support, among other things, small capital projects in museums. Existing law requires funding for the grant program to only be made, upon appropriation by the Legislature, from certain collected funds. This bill would expand that authority to support capital projects in museums, without regard to size, and publications in museums. The bill would delete the funding limitation for the grant program.
This measure would designate a specified portion of State Highway Route 44, near Oak Run in the County of Shasta, as the Stan Statham Memorial Highway. This measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
Existing law specifies the process by which a corporation may be converted into a domestic other business entity if specified conditions are met. This bill would instead provide that this process applies to the conversion of a corporation into a domestic other business entity, foreign other business entity, or foreign corporation, as specified. The bill would define terms for purposes of these provisions, make other conforming changes, and establish the means by which an obligation of a corporation that has converted to a foreign corporation or foreign other business entity may be enforced. Existing law requires a corporation that desires to convert to a domestic other business entity to approve a plan of conversion that includes, among other things, the jurisdiction of organization of the converted entity after conversion. This bill would require a corporation to also provide the name and form after conversion. Existing law authorizes the Secretary of State to charge a fee to an entity not exceeding $150 for its conversion made under these provisions. This bill would remove the authorization of the Secretary of State to charge a fee for corporate conversions.