(1) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, as additionally amended by statute, imposes a weight-based cultivation tax on harvested cannabis that enters the commercial market and a separate excise tax on purchasers of cannabis or cannabis products sold in this state at the rate of 15% of the average market price of any retail sale by a cannabis retailer, as specified. Existing law defines average market price in an arm's length transaction to mean the average retail price determined by the wholesale cost of the cannabis or cannabis products sold or transferred to a cannabis retailer, plus a mark-up, as determined by the California Department of Tax and Fee Administration on a biannual basis in 6-month intervals. Existing law requires revenues from the cultivation and excise taxes to be deposited into the California Cannabis Tax Fund, and continuously appropriates that tax fund for specified purposes. This bill, beginning on January 1, 2023, would discontinue the imposition of the cultivation tax, as specified, and would impose the excise tax on purchasers of cannabis or cannabis products sold in this state at the rate of 5% of the gross receipts of any retail sale by a cannabis retailer, as specified. The bill, beginning on January 1, 2023, and annually thereafter, would require the Department of Finance to estimate the amount of revenue that would have been collected pursuant to the excise tax and cultivation tax imposed prior to January 1, 2023, and would require the Controller, upon appropriation by the Legislature, to transfer moneys equivalent to that amount from the General Fund to the California Cannabis Tax Fund. (2) Existing law requires the distributor to collect the excise tax from the cannabis retailer and to remit the tax to the department. Under existing law, the cultivation tax and the cannabis excise tax collected by a distributor or a manufacturer and any amount unreturned to the cultivator or retailer that is not tax, but was collected under the representation by the distributor or manufacturer that it was tax, constitute debts owed by the distributor or manufacturer to this state. Existing law deems any tax collected from a cultivator or retailer that has not been remitted to the department a debt owed to this state by the person required to collect and remit the tax. Existing law requires a distributor to obtain a permit from the department and provides that any person required to obtain a permit and who engages in business as a distributor without a valid permit is guilty of a misdemeanor. This bill, beginning on January 1, 2023, would revise and recast the provisions relating to the administration of the cannabis cultivation and excise taxes. The bill would remove the requirement that the distributor collect the excise tax from the cannabis retailer, and would instead require the cannabis retailer to collect the cannabis excise tax from the purchaser and to remit the excise tax to the department. The bill would deem any tax collected by the cannabis retailer, and any amount unreturned to the purchaser that is not tax, to constitute a debt owed to this state by the cannabis retailer, as provided. The bill would require a cannabis retailer to obtain a permit from the department, and would provide that any person required to obtain a permit and who engages in business as a cannabis retailer without a valid permit is guilty of a misdemeanor. By expanding creating a new crime, the bill would impose a state-mandated local program. (3) 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. (4) AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. This bill would declare that its provisions further the purposes and intent of AUMA. (5) This bill would take effect immediately as a tax levy.
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Existing law authorizes specified peace officers, including agents of the Department of the California Highway Patrol, county sheriffs, and city police officers, to require a driver to stop and submit to an inspection in specified circumstances. This bill would prohibit a peace officer from initiating a motor vehicle stop for a low-level infraction, unless there is separate, independent basis to initiate the stop. The bill would define "low-level infraction" for this purpose as a violation related to vehicle registration and equipment or the operation of a bicycle, a violation pertaining to the secure fastening of a license plate to the vehicle, and a violation for lighting equipment not illuminating, as specified. The bill would exclude from "low-level infractions" vehicle registrations that have expired for more than 6 months and violations relating to commercial vehicles. By requiring a higher level of service from peace officers, this 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, the Public Safety Officers Procedural Bill of Rights Act, grants a variety of employment rights and protections to public safety officers, as defined, including with respect to investigations, interrogations, and disciplinary procedures. This bill would prohibit a procedural violation of the act deemed to be without substantive effect, as specified, from being the basis for reversing or modifying discipline of a public safety officer.
Existing law, until January 1, 2023, prohibits a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera. Existing law allows a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates this prohibition. This bill would extend these provisions indefinitely.
This measure would recognize the 30th anniversary of the Los Angeles Riots on April 29, 2022, as a time of building and reflection for the citizens of Los Angeles and the citizens of California.
Existing law requires each person who manufactures a processed pet food, as defined, to first obtain a license from the State Department of Public Health. Existing law prohibits the misbranding of processed pet food. Under existing law, a violation of these provisions, and other provisions related to processed pet food, is a crime. This bill would authorize a person who manufactures a processed pet food to apply to the department for designation of a processed pet food as human food grade, as specified. The bill would require the department to create a symbol, label, or wording that an applicant may, but is not required to, use for a processed pet food designated as human food grade. The bill would authorize a processed pet food designated as human food grade to be labeled, advertised, and represented as human food grade if it also clearly indicates that it is intended for consumption by pets, as specified. Because a violation of this bill's provisions 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.
The Student Athlete Bill of Rights prohibits California postsecondary educational institutions from upholding any rule, requirement, standard or other limitation that prevents an intercollegiate student athlete from earning compensation as a result of the use of the student's name, image, likeness, or athletic reputation. Existing law prohibits a postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, likeness, or athletic reputation. Existing law authorizes an institution of higher education to establish a degree completion fund, in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association of which the institution is a member. This bill would instead require institutions of higher education to establish a degree completion fund for each of its student athletes in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association of which the institution is a member, as provided. The bill would require a student athlete to have immediate access to funds in the degree completion fund of up to $25,000 per academic year, to register and provide their institution of higher education with the information necessary to establish a degree completion fund, and if the student athlete completes an undergraduate baccalaureate degree within 6 years from when the student athlete first enrolls at an institution of higher education, to receive the balance of their degree completion fund within 60 days of showing proof of completion. This bill would, among other things, require the amount to be deposited into a student athlete's degree completion fund by the institution of higher education to be determined by subtracting the amount of grant-in-aid athletic scholarships offered in the student athlete's sport from 50% of the athletic program's revenue for that individual sport, divided among each student athlete in that sport, with the resulting quotient allocated to the student athlete's degree completion fund. The bill would prohibit a transfer of funds from an institution of higher education to a student athlete from constituting a payment for purposes of establishing an employment relationship between a student athlete and their institution of higher education, and would prohibit a grant-in-aid athletic scholarship from being reduced as a result of a transfer of funds from an institution of higher education to a student athlete for purposes of a degree completion fund.
This measure would designate a specified portion of Interstate Highway Route 405 in the County of Los Angeles as the Officer Tommy Scott Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.
This measure would acknowledge the Muslim holy month of Ramadan and express the Legislature's respect to Muslims across California and throughout the world on this occasion.
This measure would recognize February 2022 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice. The measure would also recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.