This measure would recognize November 2018 as Complex Regional Pain Syndrome Awareness Month.
This measure would proclaim October 13, 2018, as Metastatic Breast Cancer Awareness Day, and requests the citizens of California, on that day, to become informed and aware of this disease.
Existing law requires, until January 1, 2019, a health facility at which a mammography examination is performed to include a prescribed notice on breast density in the summary of the written report that is sent to a patient, if specified circumstances apply. This bill would extend the operation of that provision until January 1, 2025. The bill would also make technical and conforming changes.
This measure would proclaim the week of September 24, 2018, to September 30, 2018, as Diaper Need Awareness Week and encourage California citizens to support organizations that help alleviate diaper need.
The Mobilehome Parks Act requires the Department of Housing and Community Development to establish regulations for manufactured home, mobilehome, and commercial modular foundation systems. Existing law requires an owner or licensed contractor to obtain a building permit from the appropriate enforcement agency to install a manufactured home, mobilehome, or commercial modular on a foundation system by, among other things, submitting written evidence that the manufactured home, mobilehome, or commercial modular owner owns, holds title to, or is purchasing the real property where the manufactured home, mobilehome, or commercial modular is to be installed. A willful violation of those provisions is a crime. This bill would specify that a registered owner of a manufactured home or mobilehome in a mobilehome park that is converted or proposed to be converted to a resident-owned subdivision, stock cooperative, or condominium project, may submit written evidence of that owner's resident ownership in the mobilehome park in order to comply with this requirement. Because the bill would expand the scope of 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 declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint, and requires the discharge of that person if no legal cause is shown for his or her imprisonment or restraint. Under existing law, if the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court's ruling or order are binding on the Attorney General, the factfinder, and the California Victim Compensation Board. Existing law also requires the express factual findings made by the court in considering a petition for habeas corpus, a motion to vacate judgment on the basis of newly discovered evidence relating to misconduct by a government official, as specified, or an application for a certificate of factual innocence, to be binding on the Attorney General, the factfinder, and the board. This bill would make those provisions inapplicable to specified cases in which the board is required to recommend to the Legislature that an appropriation be made and a claim be paid to compensate a person for a wrongful conviction. Existing law authorizes a person who has been convicted of a felony, imprisoned or incarcerated, and granted a pardon because either the crime was not committed or the person was innocent of the crime to present a claim against the state to the board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment or incarceration. Under existing law, in a contested proceeding, if a court has granted a writ of habeas corpus or vacates a judgment, and if the court has found that the person is factually innocent, that finding is binding on the board, as provided. Under existing law, if a court grants a writ of habeas corpus but does not find the person factually innocent or if the court vacates a judgment due to new evidence of innocence, the person may move for a finding of factual innocence by a preponderance of the evidence. Existing law requires the board, under any of those circumstances, if the court makes a finding that the petitioner has proven his or her factual innocence, upon application by the person, and without a hearing, to recommend to the Legislature that an appropriation be made and the claim paid, as specified. This bill would make those provisions applicable to cases in which newly discovered evidence of actual innocence exists that requires vacation of a conviction. The bill would additionally require the board, if a state or federal court has granted a writ of habeas corpus and reversed a conviction or if a state court has granted a motion to vacate a conviction, as specified, and as a result of either of those actions, the charges were subsequently dismissed or the person was acquitted of the charges on retrial, upon application by the person, and without a hearing, to recommend to the Legislature that an appropriation be made and the claim paid, as provided. Existing law requires the claim for compensation for wrongful convictions to be presented to the board within 2 years after the judgment of acquittal, pardon granted, or release from custody. This bill would specify that the 2-year deadline applies to whichever action occurs later. The bill would also apply the 2-year deadline to the dismissal of charges. Existing law requires the board, if a conviction is set aside based upon a determination that the person was factually innocent of the charge, as provided, to calculate the compensation within 30 days of the presentation of the claim. Under existing law, if the evidence shows that the crime was either not committed at all, or if committed, was not committed by the claimant, and that the claimant has sustained injury through the erroneous conviction and imprisonment, the board is required to report the facts of the case and its conclusions to the next Legislature with a recommendation that the Legislature make an appropriation for the purpose indemnifying the claimant, as specified. This bill would also apply these requirements to cases in which a state or federal court has granted a writ of habeas corpus or a state court has granted a motion to vacate, as specified.
Under existing law, a judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments. Existing law requires a court, in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, upon request of the defendant, to consider the defendant's ability to pay, as specified. This bill would require the court, in any case involving an infraction filed with the court, to determine whether the defendant is indigent for purposes of determining what portion of the statutory amount of any associated fine, fee, assessment, or other financial penalties the person can afford to pay. The bill would provide that the defendant can demonstrate that he or she is indigent by providing specified information, including attesting to his or her indigent status under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would require the court to reduce the base fine and associated fees by 80% if the court establishes that the defendant is indigent, and to provide alternatives to immediate payment of the sentence, including a payment plan option. The bill would require the court to determine the amount a defendant can afford to pay per month by using a payment calculator developed by the Judicial Council, as specified. For persons not found to be indigent, the bill would require that the monthly payment not exceed 5% of the defendant's family monthly income, as provided. For defendants found to be indigent, the bill would require that monthly payments be $0 until the defendant's financial circumstances change, and would require the remaining amount owed to be discharged after 48 months in the interest of justice. Existing law authorizes any county or court to implement a "comprehensive collection program" as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engages in specified activities in collecting fines or penalties. One of those activities is initiating suspensions or holds for driver's licenses, as specified. This bill would delete initiating suspensions or holds for driver's licenses from the list of activities the program may engage in. The bill would require the program to provide a payment plan option based on the debtor's ability to pay and requires the program to notify the defendant of his or her right to an indigency determination for infractions. Existing law requires, whenever a person is arrested for any nonfelony violation of the Vehicle Code, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, the arresting officer to prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, as specified. Existing law further requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his or her written promise to appear in court or before a person authorized to receive a deposit of bail. This bill would require the court to send the defendant a reminder notice of his or her promise to appear in court and would require the reminder notice to include specified information, including an appearance date and location and the right to an indigency determination. Existing law authorizes the court to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person's driver's license upon receipt of one of those notices, as specified. This bill would repeal the provisions authorizing the court to notify the department of a failure to pay a fine or bail. The bill would repeal certain provisions prohibiting the department from issuing or renewing a person's driver's license upon receipt of a notice of a defendant's failure to pay, with respect to designated violations. Existing law provides that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or willfully failing to pay bail in installments or a certain lawfully imposed fine, as specified, is guilty of a misdemeanor. The bill would instead provide that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of an infraction. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would repeal the misdemeanor for willfully failing to pay bail in installments or a lawfully imposed fine. This bill would declare that its provisions do not alter existing law related to suspension of the privilege to operate a motor vehicle in connection with violations relating to reckless driving or driving under the influence of alcohol or drugs, as specified. 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 requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses. This bill, in addition to sport fishing licenses for the periods specified above, would require a sport fishing license to be issued to a resident or nonresident for the period of 12 consecutive months, upon payment of a fee that is equal to 130% of the fees for issuance of resident or nonresident calendar-year licenses, as applicable. The bill would require the commission to adjust the amount of the fees as necessary to fully recover, but not exceed, all reasonableimplementation and administrative costs of the department and the commission relating to these licenses, including all costs related to their establishment and enforcement. The bill would require the department to submit to the Legislature a written report on the implementation of these provisions, as provided. The bill would make these provisions operative beginning January 1, 2020, until January 1, 2023. Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the department to issue a hunting license for specified periods of time, including for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a sport fishing license for specified periods of time, including for the period of a calendar year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue lifetime hunting licenses and lifetime sport fishing licenses, and grants certain lifetime privileges to holders of those licenses, upon the one-time payment of specified fees. This bill would require the department to reduce the fee required to obtain the above-described licenses and the 12 consecutive month licenses created by this bill by 25% for a person who is a veteran of the Armed Forces of the United States, was honorably discharged, and is a resident of California. Under existing law, the department issues, upon payment of specified fees, various types of sport fishing report cards and validations that are required, in addition to a sport fishing license, to engage in various activities relating to the taking and possession of amphibians, reptiles, and fish for purposes other than profit. This bill would require the department to reduce the fee required to obtain a sport fishing report card, validation, or other entitlement by 25% for a person who is a veteran of the Armed Forces of the United States, was honorably discharged, and is a resident of California and by 50% for a person who meets those requirements and who also has a 50% or greater service-connected disability.
Existing law requires the Department of Corrections and Rehabilitation to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law makes an inmate or parolee eligible for participation if he or she has a serious mental disorder, as specified, and has been assigned a release date from state prison and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies and establishes criteria for housing that qualifies for the program. Existing law requires providers to report to the department regarding the intended outcomes of the program, including the number of participants served and the outcomes for participants. Existing law also requires the department to prepare an analysis of the information, as specified, and to annually submit, on or before February 1, the information and the analysis to the Chairs of the Joint Legislative Budget Committee and other specified committees. This bill would require the department, on or before January 1, 2019, to create the Supportive Housing Pilot Program, which would be in effect at the same time as the existing program and would establish a process and timeline for finalizing a memorandum of understanding with one or more counties that elect to participate in which the department would agree to, among other things, refer eligible parolees to participating counties for mental health treatment, housing navigation services, and supportive housing services, and to pay for bridge rental assistance, as defined, and services in supportive housing during the program participant's term of parole. The participating counties would agree to provide community-based mental health treatment within the existing county Medi-Cal mental health program if ongoing treatment for the participant is medically necessary and to fund rental assistance and services, as specified. Among other things, the bill would establish criteria for housing for purposes of the program. The bill would require a participating county to report to the department regarding the intended outcomes of the program, and would require the information to include the number who were arrested while participating in the program and the number residing in a county jail. The bill would require the department, on or before June 30, 2021, to seek and contract with an independent evaluator to prepare an analysis of the information, as specified, and to submit the information and the analysis to the Chairs of the Joint Legislative Budget Committee and other specified committees no later than January 1, 2023. The bill would require the department to implement the program using funding appropriated by the Legislature for the purposes described in the program. The bill would also include a statement of legislative findings and declarations.
The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2017, the adjusted gross income limit is $80,156 and $40,078, respectively. This bill, for each taxable year beginning on and after January 1, 2018, would increase the credit amount for a qualified renter, as specified, and would require the Franchise Tax Board to annually adjust for inflation the credit amount for taxable years on and after January 1, 2023. The bill would authorize the Governor to suspend the increased credit amount by proclamation if the Governor finds and declares that an economic emergency exists in this state and it is necessary that the increased credit amount be suspended, in which case the credit amount would be the credit amount for the taxable year immediately preceding the taxable year in which the suspension of the credit applies. The bill would also provide that the increased credit amount is $0 for each taxable year beginning on or after January 1, 2019, unless otherwise specified in a bill providing for appropriations related to the Budget Bill. In the event the increased credit amount is $0, the existing credit amounts of $60 and $120, respectively, would be the credit amounts for that taxable year. This bill would take effect immediately as a tax levy.
