Existing law provides that a law enforcement official has discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under other specified circumstances. This bill would prohibit a local law enforcement agency from taking custody of a previously convicted felon who is being detained or incarcerated by another law enforcement agency if the felon is scheduled for deportation or transfer to federal authorities for deportation proceedings unless there is an outstanding felony warrant, and the agency has confirmed that the prosecutorial authority with jurisdiction to prosecute the felony has a current intent to prosecute that felony. This bill would declare that it is to take effect immediately as an urgency statute.
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(1) Existing law requires a local agency, if it maintains an Internet Web site and is required to report specific financial information to the Controller, to post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees. Existing law authorizes a local agency to meet this requirement by posting a link to the Controller's Government Compensation in California Internet Web site in a conspicuous location on its Internet Web site. This bill would establish the California Financial Transparency Act of 2016 and would require the Legislative Analyst to create and maintain a dedicated Internet Web page that is hyperlinked to the homepage of the Internet Web site of the Legislative Analyst's Office that lists specific state financial obligations. (2) The Political Reform Act of 1974 and the Elections Code each require the Secretary of State to prepare a ballot pamphlet that contains specific information. This bill would require the Secretary of State to include in a ballot pamphlet a copy of all the information posted on the dedicated Internet Web page that is hyperlinked to the homepage of the Internet Web site of the Legislative Analyst's Office pursuant to the California Financial Transparency Act of 2016. (3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes with a 23 vote of each house and compliance with specified procedural requirements. The act also provides that, notwithstanding this vote requirement, the Legislature may amend specified provisions to add to the ballot pamphlet information regarding candidates or other information. This bill, which would require additional information to be included in the ballot pamphlet, without making other changes to the act, would therefore require a majority vote.
Existing law specifies the dates by which enacted statutes go into effect. Existing law also provides that a statute may be repealed at any time, except when vested rights would be impaired. This bill would require the automatic repeal of a statute that expressly or implicitly authorizes an executive agency to promulgate regulations two years after the statute goes into effect, unless the Legislature amends the statute to state its intent that the statute not be repealed, or unless the statute was passed in response to an emergency, as defined.
The California Constitution provides for the delegation to the Fish and Game Commission powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and wildlife. Under existing law, a violation of the Fish and Game Code or of any rule, regulation, or order made or adopted under the code is a crime. Existing law, enacted as part of the Marine Life Management Act of 1998, generally establishes a comprehensive plan for the management of marine life resources. Existing law requires the Department of Fish and Wildlife to develop, and submit to the Fish and Game Commission for its approval, a fishery management master plan, and provides for the preparation and approval of fishery management plans, which form the primary basis for managing California's sport and commercial marine fisheries. Existing law authorizes regulations that the commission adopts to implement a fishery management plan or plan amendment for that fishery to make inoperative, in regard to that fishery, any fishery management statute that applies to that fishery. This bill would establish a similar process for the management of wildlife resources on land and the inland waters of the state. The bill would require the department to develop and submit, on or before September 1, 2018, to the Fish and Game Commission for its approval, a wildlife resources master plan, but would provide for the preparation and approval of wildlife management plans by the department, which would form the primary basis for managing these wildlife resources. The bill would authorize regulations that the department adopts to implement a wildlife management plan or amendment to make inoperative, in regard to the resource, any wildlife management statute that applies to the resource. Because a violation of a regulation adopted by the department would be a crime, 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 establishes the Veterans' Home of California, under the administration of the Department of Veterans Affairs, including homes in Yountville and Barstow. Existing law also authorizes the Department of General Services, on behalf of the Department of Veterans Affairs, to acquire, design, equip, construct, and establish additional veterans' homes in other locations, including Fresno. This bill would rename the veterans' home in the County of Fresno as the Dr. Charlie Waters Memorial Veterans' Home and would make specified findings of the Legislature regarding Dr. Waters' life.
(1) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (2) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. This bill would additionally require the department to program capital outlay support resources for each project in the program. The bill would provide that the commission is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The bill would require the department to submit any change in a programmed project's cost, scope, or schedule to the commission for its approval.
The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law establishes specified rates to be paid to certain service providers and the rates to be paid for certain developmental services. Existing law requires that rates to be paid to other developmental service providers either be set by the department or negotiated between the regional center and the service provider. Existing law prohibits certain provider rate increases, but authorizes increases to those rates as necessary to adjust employee wages to meet the state minimum wage law and to provide paid sick leave. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic 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 requires, except as otherwise provided, Medi-Cal provider payments to be reduced, as specified. This bill would, to the extent that General Fund revenues for the 2014–15 fiscal year exceed the revenues estimated for that fiscal year in the Budget Act of 2015 and that General Fund revenues for the 2015–16 fiscal year are expected to exceed the revenues estimated for that fiscal year in the Budget Act of 2015, appropriate certain sums to the State Department of Developmental Services to increase rates for certain developmental service providers and to increase regional center operating budgets, and appropriate certain sums to the State Department of Health Care Services for the purpose of increasing Medi-Cal provider rates for providers whose rates were reduced. The bill would require the Director of Finance to determine the percentage increases to be provided to developmental service providers, regional center operating budgets, and Medi-Cal providers based on the amount by which General Fund revenues exceed, or are expected to exceed, the revenues budgeted for the 2014–15 and 2015–16 fiscal years. The bill would make the rate increases, if any, retroactive to July 1, 2015.
The California Constitution prohibits a committee or either house of the Legislature from hearing or acting upon a bill until 31 days after it has been introduced, unless the house dispenses with this requirement by a rollcall vote with ¾ of the membership concurring. The California Constitution also prohibits either house from passing a bill until the bill with amendments has been printed and distributed to the Members of the Legislature. This measure would authorize a committee to hear or act upon a bill before 31 days have passed following the bill's introduction if the bill, in the form to be considered by the committee, has been in print and published on the Internet for at least 15 days. This measure would also prohibit either house of the Legislature from passing a bill until it has been made available to the public, in print and on the Internet, for at least 72 hours before a vote on the measure, except for certain bills that address a state of emergency declared by the Governor. The California Constitution provides that the Budget Bill and other bills providing for appropriations related to the Budget Bill may be passed by a majority vote in each house of the Legislature and shall take immediate effect upon being signed by the Governor. The California Constitution defines "other bills providing for appropriations related to the budget bill" to mean bills identified as related to the budget in the Budget Bill passed by the Legislature. The California Constitution requires that the Legislature pass the Budget Bill by midnight on June 15 of each year. If the Budget Bill is not passed by the deadline, the California Constitution prohibits an appropriation from the current budget or future budget to pay any salary or reimbursement for travel or living expenses for Members of the Legislature during any regular or special session for the period from midnight on June 15 until the day that the Budget Bill is presented to the Governor. This measure would require that the Budget Bill be enacted by midnight on June 15. The measure would require that other bills that provide for appropriations relating to the Budget Bill be necessary to implement the budget. The measure would provide that a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is passed in each house by a majority vote shall not take effect if it is not enacted by midnight on June 15, thereby requiring a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is enacted after midnight on June 15 to be passed by a 23 vote. The measure would prohibit an appropriation to pay any salary or reimbursement for travel or living expenses for Members of the Legislature and the Governor from midnight on June 15 until the Budget Bill and all other bills providing for appropriations related to the Budget Bill are enacted.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, establishes the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts. This bill would make nonsubstantive changes to the above-described law.