Existing law, the California Tourism and Marketing Act, establishes a nonprofit mutual benefit corporation named the California Travel and Tourism Commission under the direction of a board of commissioners composed of 37 members, including the Director of the Governor's Office of Business and Economic Development. This bill, the California Tourism Recovery Act, would require the commission to, upon a determination by the State Department of Public Health that it is safe to resume travel in California, implement a strategic media and jobs recovery campaign known as the "Calling All Californians" program for the purpose of reversing the impact of the COVID-19 pandemic on the travel and tourism industry in California, as specified. The bill would require the commission to report to the Legislature, on or before January 1, 2024, regarding the cost of the program and the impact of the program on the tourism industry in California. The bill would require, only upon appropriation by the Legislature, the Controller to transfer $45,000,000 to the commission for the purpose of implementing the "Calling All Californians" program.
Sponsored bills
Existing law governs the procedure relating to an action for forcible entry, forcible detainer, or unlawful detainer, and provides for specific timelines regarding the filing of a complaint and the defendant's response. Existing law authorizes a defendant, on or before the day fixed for the defendant's appearance, to appear and answer or demur in those specified actions. Existing law authorizes a party to move for summary judgment at any time after the answer is filed upon giving 5 days notice. This bill would also authorize a defendant to file a motion to strike on or before the day fixed for the defendant's appearance. The bill would authorize a party to file a motion for summary adjudication in the same manner as a motion for summary judgment.
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership if a claim is filed, including, in accordance with the California Constitution, the purchase or transfer between parents and children, and in certain circumstances between grandparents and grandchildren, of the transferor's principal residence and the first $1,000,000 of full cash value of all other real property. The California Constitution makes this exclusion inoperative as of February 16, 2021, and, beginning on and after that date, instead excludes the purchase or transfer of a family home or a family farm, as those terms are defined, between parents and their children or, under certain circumstances, grandparents and their grandchildren, subject to certain limitations and restrictions. This bill would exclude from "change in ownership" for purposes of property taxation transfers between parents and children and grandparents and grandchildren of the transferor's principal residence and the first $1,000,000 of full cash value of all other real property, in a manner similar to the above-described existing statutory provisions. The bill would require a person seeking to claim the exclusion under these new provisions to file a claim that includes certain information, certified under penalty of perjury. The bill would provide that the claim is not a public document and is not subject to inspection, except to specified parties. The bill would require the State Board of Equalization to design the claim form. The bill would apply its provisions retroactively to February 16, 2021, make these provisions inoperative as of February 16, 2023, and repeal these provisions as of January 1, 2024. The bill would make legislative findings with regard to its provisions. 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. By adding to the duties of local tax officials in administering the inheritance exclusion for purposes of property taxation, and by expanding the scope of the crime of perjury, 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Existing law establishes the Office of Small Business Advocate, within the Governor's Office of Business and Economic Development, and establishes the duties and functions of the Director of the Office of Small Business Advocate including, among other duties, representing the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses. Existing law requires each state agency that significantly regulates small business or that significantly impacts small business to designate at least one person who is required to serve as a small business liaison. This bill would require a state agency to establish a policy, by January 1, 2023, that provides for the reduction or waiver of civil penalties for a violation of a regulatory or statutory requirement by a small business if the violation did not involve willful or criminal conduct and did not pose a serious health, safety, or environmental threat. The bill would require the policy to include various factors the state agency would be required to consider when making a determination as to whether to reduce or waive the civil penalty. The bill would authorize the state agency to update the policy to reflect current issues and conditions affecting small businesses and the state agency. This bill would require the state agency to post a current copy of the policy on the state agency's internet website and to annually post a utilization report that contains specified information about enforcement actions and penalty reductions and waivers. The bill would require a state agency to notify the Office of Small Business Advocate of certain events relating to its policy and annual report. This bill would make the bill's provisions operative only upon the Legislature making an appropriation to implement these provisions.
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction.
(1) Under existing law, the registration of a voter is permanent for all purposes during their life, unless and until the affidavit of registration is canceled for specified causes by the Secretary of State or the county elections official. Existing law requires the county elections official to cancel the registration of a voter for causes that include, among others, legally established mental incompetency. Under the Trial Jury Selection and Management Act, all persons are eligible and qualified to be prospective trial jurors, unless specified circumstances exist, that include, among others, the person is the subject of conservatorship. The act authorizes the jury commissioner to require a person to complete a questionnaire related to juror identification, qualification, and ability to serve as a prospective juror. This bill would require the jury commissioner, every 6 months, to share with the county elections official for the same county the information that a potential juror provides about their qualification to be a juror and would further require a county elections official to use that information to cancel the registration of a person who is ineligible to vote. By expanding the duties of county elections officials, this bill would impose a state-mandated local program. The bill would require the information shared pursuant to these provisions to retain all confidentiality from public disclosure provided under any other law. (2) 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.
The California Coastal Act of 1976 provides for the planning and regulation of development within the coastal zone, as defined. The act requires construction that alters natural shoreline processes to be permitted by the California Coastal Commission or a local government with an approved local coastal program when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. The act further provides that certain marine structures should be phased out or upgraded, where feasible. This bill would, except as provided, require the commission or a local government with an approved local coastal program to approve the repair, maintenance, or construction of retaining walls, return walls, seawalls, revetments, or similar shoreline protective devices for beaches or adjacent existing residential properties in the coastal zone that are designed to mitigate or protect against coastal erosion. If a local government denies the application for a shoreline protective device, the bill would require the local government to inform the commission, in writing, of its decision with supporting evidence. The bill would require the commission, if it denies an application or if it receives notice of a local government's denial, to submit a report to the Legislature of its denial or the report from the local government. By imposing additional duties on a local government, this bill would impose a state-mandated local program. The bill would authorize the commission or a local government to charge a fee for the processing of an application for a shoreline protective device, as provided. The bill would specify the procedure for seeking judicial review for action taken by the commission or a local government for applications for shoreline protective devices and would provide that a decision denying the application is subject to de novo review by a court. The bill would require the commission to identify native plant species for areas in the coastal zone, as specified, and would specify that a property owner would not be required to obtain approval from the commission or a local government for the planting of those identified species. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would exempt from CEQA actions taken by a public agency implementing the provisions of this bill. 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 California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing law specifies those circumstances in which the transfer of ownership interests in a corporation, partnership, limited liability company, or other legal entity results in a change in ownership of the real property owned by that entity, and generally provides that a change in ownership as so described occurs if a legal entity or other person obtains a controlling or majority ownership interest in the legal entity. Existing law requires the Franchise Tax Board to include a question on returns for partnerships, banks, and corporations to assist in the determination of whether a change in ownership under the circumstances described above has occurred. This bill would additionally specify that if 90% or more of the direct or indirect ownership interests in a legal entity are sold or transferred in a single transaction, as defined, the real property owned by that legal entity has changed ownership whether or not any one legal entity or person that is a party to the transaction obtains control, as defined. The bill would require the Franchise Tax Board to include an additional question on returns for partnerships, banks, and corporations to assist in the determination of whether a change in ownership as so described has occurred. The bill would require the State Board of Equalization to prescribe regulations as may be necessary to carry out the purposes of this act. The bill would also require the State Board of Equalization to report to the Legislature, no later than January 1, 2024, regarding the implementation of these changes in ownership, including, but not limited to, the revenue impact and frequency of reassessments of real property owned by legal entities. The bill would require the Legislative Analyst's Office to report to the Legislature no later than January 1, 2024, regarding the economic impact of this bill. Existing law requires, upon a change in control or change in ownership of a legal entity that owns an interest in real property in this state, or when requested by the State Board of Equalization, that the person or legal entity acquiring ownership or control, or the legal entity that has undergone a change in ownership, file a change in ownership statement with the board, as specified. Existing law requires a penalty of 10% of the taxes applicable to the new base year value, as specified, or 10% of the current year's taxes on the property, as specified, to be added to the assessment made on the roll if a person or legal entity required to file a change in ownership statement fails to do so, including a change in ownership of a floating home. This bill would require a person or legal entity acquiring ownership interests in a legal entity, if 90% or more of the ownership interests in the legal entity are sold or transferred, as described above, to file a change in ownership statement signed under penalty of perjury with the State Board of Equalization. The bill would increase the penalties for failure to file a change in ownership statement, as described above, from 10% to 15%, would provide that the penalty shall apply for failure to file a complete statement with the State Board of Equalization following a transfer of legal entity ownership interests, but would eliminate the application of these penalties to a change in ownership of a floating home. This bill would require the State Board of Equalization to notify assessors if a change in control or a change in ownership of a legal entity has occurred. By expanding the crime of perjury and by imposing new duties upon local county officials with respect to changes in ownership, 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 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, and local governments to proclaim a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the local government to exercise certain powers in response to that emergency. Existing law grants immunity to the state and its political subdivisions for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of a state or local agency or any employee of the state or its political subdivisions in carrying out the California Emergency Services Act. Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law authorizes the department to adopt and enforce regulations requiring strict or modified isolation, or quarantine, for any of the contagious, infectious, or communicable diseases, if in the opinion of the department the action is necessary for the protection of the public health. On March 4, 2020, the Governor proclaimed a state of emergency in response to the 2019 novel coronavirus disease (COVID-19) pandemic. Pursuant to specified provisions relating to the prevention and control, the State Public Health Officer ordered all individuals living in the state to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined in the United States Cybersecurity and Infrastructure Security Agency's guidance on the essential critical infrastructure workforce. Pursuant to authority under specified provisions of the California Emergency Services Act, the Governor issued Executive Order No. N-33-20 requiring all residents to immediately heed those state public health directives. This bill, the Religion is Essential Act, would, during a state of emergency or local emergency, require the Governor or the local government to deem religious services to be an essential service and to be necessary and vital to the health and welfare of the public. The bill would prohibit the state and local government from taking a discriminatory action against a religious organization, as those terms are defined, and would require the state and local government to permit a religious organization to continue operating and engaging in religious services during a state of emergency to the same or greater extent that other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public are permitted to operate. The bill would prohibit the state and local government from enforcing any health, safety, or occupancy requirement that imposes a substantial burden on a religious service unless the state or local government demonstrates that applying the burden to the religious service is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. This bill would authorize a religious organization to assert a violation of these provisions as a claim against the state or a local government in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding, as specified. The bill would entitle a religious organization that successfully asserts a claim or defense to certain relief, as specified. The bill would make related findings and declarations. By imposing additional duties on a local government in the exercise of emergency powers, 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 establishes in the state government a State Department of Education and the department is responsible for various ongoing activities involving the public schools. This bill would require the department to develop and implement a program for county offices of education, school districts, and charter schools to issue no-cash value vouchers to be distributed to households with eligible pupils, as defined, to be used during the 2021–22 fiscal year to assist those households with the impacts of distant or remote learning due to the COVID-19 pandemic. The bill would repeal these provisions on January 1, 2023. The bill would appropriate an unspecified amount to the department for purposes of developing and implementing the program. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) program to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the program is to, no later than December 31, 2022, approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households, as provided. Existing law authorizes the commission to collect a sum not to exceed $330,000,000 to implement the CASF program through the imposition of a surcharge that is collected starting on January 1, 2018, and continuing through the 2022 calendar year. Existing law establishes 4 accounts within the CASF: (1) the Broadband Infrastructure Grant Account, (2) the Rural and Urban Regional Broadband Consortia Grant Account, (3) the Broadband Infrastructure Revolving Loan Account, and (4) the Broadband Public Housing Account. This bill would establish the Rural Broadband Infrastructure Fund as a continuously appropriated fund in the State Treasury and would require the commission to develop, implement, and administer the Rural Broadband Infrastructure Program to provide high-quality broadband service with speeds of at least 100 megabits per second (mbps) downstream and 100 mbps upstream to rural areas that are unserved, as defined, and to the extent moneys remain available, to upgrade broadband service availability in rural areas that are underserved, as defined. The bill would appropriate $5,000,000,000 to the commission, and additionally appropriate $1,000,000,000 per year for 5 years beginning with the 2023–24 fiscal year, for purposes of developing, implementing, and administering the program. This bill would declare that it is to take effect immediately as an urgency statute.