Sen. Dennis Hollingsworth

Existing law establishes various programs for the prevention of disease and the promotion of health administered by the State Department of Public Health, including, but not limited to, provisions requiring the department to establish the standards of competence applicable to the performance of nuclear medicine technology by various health professionals, to regulate the process by which these persons establish their competence, and to assess related fees. This bill would make a technical, nonsubstantive change.

Existing law, the Sex Offender Registration Act, requires persons who have been convicted of specified sex offenses to register with local law enforcement, as specified. Under existing law, failure to register is a crime. This bill would require any person who is required to register under the act for committing a crime where the trier of fact made a finding that a computer was used to facilitate the commission of the crime, to inform the registering agent as to whether or not he or she has access to a computer or other device with Internet capability. If the status of having access to a computer or other device changes, the person would be required to so inform the registering agency within 5 days. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law imposes various conditions on persons who are placed on probation or parole. This bill would impose additional conditions on a person who is on probation or parole who is required to register under the act for committing a crime as to which the trier of fact made a finding that a computer was used to facilitate the commission of the crime. Those conditions include either being prohibited from using a computer or other device with Internet capability, except for employment-related purposes, or, if authorized to use a computer or other device, giving the consent to search and retrieve data from that computer or device, and installation of hardware or software that monitors Internet use. Failure to comply with those conditions would be a violation of probation or parole, as applicable, or a misdemeanor. By creating new crimes, 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 Personal Income Tax Law imposes a tax upon taxable income at various rates depending upon the amount of that income, and also imposes an alternative minimum tax based upon specified tax preference items. This bill would, commencing with taxable years beginning on or after January 1, 2009, reduce all marginal tax rates, as provided, and would eliminate the tax on taxable income for taxable years beginning on or after January 1, 2013. This bill would also repeal the alternative minimum tax for taxable years beginning on or after January 1, 2013. The Mental Health Services Act, enacted by initiative statute, establishes a state personal income tax surcharge of 1% on taxpayers with annual taxable incomes of more than $1 million and uses the funds derived therefrom for expanding county mental health programs, as specified. This bill would repeal that 1% surcharge along with associated provisions specifying the allocation of those revenues. This bill would provide that these repeal provisions would become operative only when submitted to, and approved by, the voters.

Existing law designates air pollution control districts and air quality management districts as having the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards. Existing federal regulations establish standards of performance for new residential wood heaters. Existing law requires the state board, in consultation with the districts, to develop a list of the most readily available and cost-effective control measures that could be employed by the state board and districts to reduce emissions of PM 2.5 and PM 10 particulate matter. Existing law requires that the list include control measures for woodstoves and fireplaces among other emission source categories. Existing law requires the state board and each district to adopt an implementation schedule for the most cost-effective measures on the list. This bill would prohibit any district from adopting a rule or regulation that restricts or prohibits the installation or operation of any wood-burning device in any new or existing residential structure.

Existing law provides various programs of in-home detention and monitoring, and regulates conduct on parole, including requiring parolees to wear global positioning system (GPS) devices, as specified.This bill would make the unauthorized removal, disabling, or tampering with a GPS device affixed as a condition of a criminal court order, juvenile court disposition, parole, or probation a crime, punishable as specified. The bill would require the court, if applicable, to order restitution in an amount equivalent to the replacement cost of the electronic, GPS, or other monitoring device. By creating new crimes, 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 no reimbursement is required by this act for a specified reason.

Existing law generally makes it unlawful for any person to engage in the business of guiding or packing, or to act as a guide for any consideration or compensation whatever, without first having secured a guide license from the Department of Fish and Game. Existing law exempts an employee of a licensee who acts as a guide only in connection with, and within the scope of, his or her employment, and a person who is licensed in another state to provide guide services for the purposes of fishing, if certain conditions are met. This bill would make technical, nonsubstantive changes to those provisions.

Existing law regulates the taking or possession of birds, mammals, fish, amphibians, and reptiles and generally provides that a violation of the fish and game laws is a crime.This bill would make technical, nonsubstantive changes to that violation provision.

Under existing law, the Public Safety Radio Strategic Planning Committee has primary responsibility in state government for developing and implementing a statewide integrated public safety communication system that facilitates interoperability among state public safety departments and other first response agencies, as the committee deems appropriate. This bill would make a technical, nonsubstantive change to these provisions.

Existing law requires the Attorney General to make available to the Commission on Peace Officer Standards and Training the services of personnel to assist the commission in executing its duties regarding law enforcement training. This bill would make a nonsubstantive change to those provisions.

Existing law requires the Secretary of Food and Agriculture to establish minimum prices to be paid by handlers for market cream, market skim milk, or milk fat, or market skim milk components of market milk, if the secretary establishes a stabilization and marketing plan for market milk. This bill would make technical, nonsubstantive changes to that provision.