Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. This bill would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, any public safety first responder vehicle and any equipment required on those vehicles purchased by a local public agency. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
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(1) Existing law establishes the Agricultural Career Technical Education Incentive Program, which requires the Superintendent of Public Instruction to award a grant, for the purpose of purchasing or leasing agricultural career technical education equipment, to an applicant school district that operates an agricultural career technical education program and that meets specified requirements. Existing law requires the governing board of each school district to annually adopt or update a local control and accountability plan that contains specified information. This bill would continuously appropriate the sum of $4,134,000 in each fiscal year beginning with the 2015–16 fiscal year from the General Fund to the State Department of Education for purposes of funding the Agricultural Career Technical Education Incentive Program. The bill would require the Superintendent to award a grant to a school district that, in addition to meeting the existing requirements, demonstrates how the expenditure of the grant funds will be consistent with its adopted local control and accountability plan. The bill would also express various findings and declarations of the Legislature relating to agricultural career technical education. (2) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law prohibits a general acute care hospital, as defined, from holding itself out as providing a service that requires a supplemental or special service unless the hospital has first obtained approval from the department to operate that service. This bill would make technical, nonsubstantive changes to those provisions.
Existing law defines "probation" as the suspension of the imposition or execution of a sentence and the order of conditional and revocable release into the community. Existing law requires a person placed on probation to be under the supervision of the county probation officer, and authorizes that officer to determine the level and type of supervision consistent with the conditions of probation ordered by the court. This bill would require, by an unspecified date, the chief probation officer in each county to establish a protocol for the imposition of graduated sanctions for violations of the conditions of probation. By imposing additional requirements on county probation 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 these statutory provisions.
The United States Constitution provides that it and other federal laws are the supreme law of the land. The 4th Amendment to the United States Constitution sets forth the right against unreasonable searches and seizures by the federal government and prohibits a federal warrant from being issued unless there is probable cause, supported by an oath or affirmation, that particularly describes the place to be searched, and the person or thing to be seized. This bill would enact the 4th Amendment Protection Act and prohibit the state from providing material support, participation, or assistance in response to a request from a federal agency or an employee of a federal agency to collect electronically stored information or metadata of any person if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection of electronically stored information or metadata.
The Political Reform Act of 1974 establishes certain limits on the amount of contributions that a person or group can make to a candidate for elective state office, or to a committee. This bill would prohibit an administrator of a school district or community college district, as defined, from knowingly soliciting, accepting, or receiving a contribution for the campaign of an elected official of the district employing the administrator, or any candidate for an office of the school district or community college district employing the administrator. The bill would clarify that this prohibition does not apply to an administrator who is soliciting, accepting, or receiving a contribution for his or her own campaign for an office of a school district or community college district. The bill would also prohibit an elected official of a school district or community college district, or a candidate for an office of a school district or community college district, from requesting an administrator of the school district or community college district to solicit, accept, or receive a contribution for the campaign of that elected official or candidate. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law requires each campaign committee formed or existing primarily to support or oppose a statewide ballot measure to file with the Secretary of State periodic reports identifying the sources and amounts of contributions received during specified periods. Existing law, including the Political Reform Act of 1974, also specifies information required to be included in the state ballot pamphlet for each statewide ballot measure to be voted upon. This bill would require the Secretary of State to create an Internet Web site, or use other available technology, to consolidate information about each ballot measure in a manner that is easy for voters to access and understand. The Internet Web site would be required to include a summary of each ballot measure, the total amount of reported contributions made to support or oppose a ballot measure, and a list of a committee's top 10 contributors, as specified. The bill would require the state ballot pamphlet to include for each ballot measure a printed statement that refers voters to the Secretary of State's Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee's top 10 contributors. This bill would incorporate additional changes in Section 9082.7 of the Elections Code proposed by SB 1253, that would become operative only if SB 1253 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. The bill would, contingent upon the enactment of SB 1442, incorporate additional changes. The Political Reform Act of 1974, an initiative measure, generally provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. The act also provides that, notwithstanding this requirement, the Legislature may add to the ballot pamphlet information regarding candidates or other information. This bill, which would permit or require additional information to be included in the ballot pamphlet, would therefore require a majority vote.
Under existing law, as amended by Proposition 21, an initiative statute approved by the voters at the March 7, 2000, statewide primary election, juvenile court hearings are closed to the public, except for juvenile court hearings alleging the commission of specified felonies. The Legislature may amend Proposition 21 by a statute passed in each house by a 23 vote. This bill would add to that list of felonies, to which the public may be admitted for the hearing, certain sex offenses accomplished because the person is prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of a disability, of giving consent, and this is known or reasonably should be known to the person committing the offense. Existing law provides that when a minor is adjudged a ward of the court, as specified, the court may order any of certain types of treatment, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp, or the county juvenile hall, as specified. This bill would require a minor to complete a sex offender treatment program when a minor is adjudged or continued as a ward of the court for the commission of specified sex offenses, if the court determines, in consultation with the county probation officer, that suitable programs are available. The bill would require the court to consider certain factors, in addition to any other relevant information presented, in determining what type of sex offender treatment program is appropriate for the minor. The bill would require a minor completing a sex offender treatment program to pay all or a portion of the reasonable costs of the program, as specified. By increasing the duties on county officials in implementing the treatment program requirement, this bill would impose a state-mandated local program. Existing law authorizes deferral of judgment for certain minors who have committed felony offenses if specified criteria are met. This bill would add to those criteria that the offense charged is not rape, sodomy, oral copulation, or an act of sexual penetration, as specified, when the victim was prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim was at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and that was known or reasonably should have been known to the minor at the time of the offense. Because this bill would amend Proposition 21, it would require a 23 vote. 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 these statutory provisions.
(1) Existing law authorizes, among others, a child's natural parent to bring an action to declare the existence or nonexistence of a presumed parent and child relationship. Existing law requires the court to join to that action specified parties, including prospective adoptive parents who have physical custody of the child, who have not been joined as parties, without the necessity of a motion for joinder. This bill would instead authorize a child's natural mother to bring that action. The bill would also require the court to join to that action additional specified parties who have not been joined as parties, including a licensed California adoption agency to which the mother proposes to relinquish the child for adoption. (2) Existing law provides for the adoption of unmarried minors. Existing law prohibits a married person, not lawfully separated from the person's spouse, from adopting a child without the consent of the spouse if the spouse is capable of giving that consent. This bill would additionally provide that the consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless he or she has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent of the child. The bill would authorize the court to dispense with a spouse's consent in certain circumstances and, if consent has been dispensed, prohibit the spouse from being named as an adoptive parent in the final decree. (3) Existing law generally provides that a child having a presumed father, as specified, shall not be adopted without the consent of the child's birth parents, if living. However, if one birth parent has been awarded custody by judicial order, or has custody by agreement of both parents, and the other birth parent for a period of one year willfully fails to communicate with, and to pay for, the care, support, and education of the child when able to do so, then the birth parent having sole custody may consent to the adoption, after the birth parent who does not have custody has been served with a specified citation. Under existing law, the failure of a birth parent to pay for the care, support, and education of the child for the one-year period or the failure of a birth parent to communicate with the child for the one-year period is prima facie evidence that the failure was willful and without lawful excuse. This bill would authorize the court to issue a temporary custody order, as specified, if the birth mother of a child for whom there is not a presumed father leaves the child in certain circumstances, including in the physical care of a licensed private adoption agency, and fails to sign a placement agreement, consent, or relinquishment for adoption. The bill would authorize the temporary custody order to be voided upon the birth mother's request to have the child returned to her care and custody. (4) Existing law requires, if a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, one of several specified persons to file a petition to terminate the parental rights of the alleged father, except as specified. Existing law permits an interested person to file a petition for an order or judgment declaring a child free from the custody and control of either or both parents. This bill would permit a single petition to be filed to terminate the parental rights of the alleged father or fathers of 2 or more biological siblings or to terminate the parental rights of 2 or more alleged fathers of the same child. The bill would also permit a single petition to be filed to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. The bill would authorize a court to grant one of these joint petitions, in whole or in part, and would specify that the court retains the discretion to bifurcate a case in which a joint petition was filed. The bill would require a court to bifurcate a case in which a joint petition was filed whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding. (5) Existing law authorizes the court to waive the personal appearance of a prospective adoptive parent and permit him or her to appear at an adoption proceeding through an attorney if there is clear and convincing evidence that it is impossible or impracticable for the prospective adoptive parent to appear at the adoption proceeding. This bill would authorize the court to permit a prospective adoptive parent to appear by telephone, videoconference, or other remote electronic means that the court deems reasonable, prudent, and reliable. (6) Existing law governs independent adoptions, which are defined to mean adoptions in which neither the State Department of Social Services nor an agency licensed by that department is a party to or joins in the adoption petition, and sets forth the procedures for completing an independent adoption. Existing law requires, as a part of the independent adoption procedures, the department or the delegated county adoption agency to investigate the proposed independent adoption and submit a report to the court of the facts disclosed by its inquiry with a recommendation regarding the granting of the adoption petition. This bill would provide that when the department or a delegated county adoption agency is investigating a proposed adoption, it is not required to reinvestigate matters addressed in a valid preplacement evaluation or a valid private agency adoption home study, if no new information has been discovered and no new event has occurred subsequent to the approval of the evaluation or home study that creates a reasonable belief that further investigation is necessary, except that the department must complete all background clearances required by law. Existing law also requires the department or a delegated county adoption agency to interview the petitioners within 45 working days after the filing of the adoption petition and to interview all persons from whom consent is required and whose addresses are known, as soon as 50% of the fee has been paid. Existing law requires the agency, at the interview, to give the placing parent an opportunity to sign either a statement revoking consent, or a waiver of the right to revoke consent. In order to facilitate the interview, existing law requires the petitioner, at the time the petition is filed, to file, among other things, a copy of the petition and 50% of the fee, with the department or with the delegated county adoption agency responsible for the investigation of the adoption. This bill would instead require the department or delegated county adoption agency to interview the petitioners within 45 working days after receiving 50% of the fee together with a stamped file copy of the adoption petition, and to interview all persons from whom consent is required and whose addresses are known. The bill would provide that the department is not required to provide the placing parent an opportunity to sign a statement revoking consent, or a waiver of the right to revoke consent, if the parent has already signed a waiver of the right to revoke consent, or if the time period allowed to revoke consent has expired. The bill would require the petitioner, within 5 days of filing the petition, to provide the department or delegated county adoption agency, among other things, a stamped file copy of the petition together with 50% of the fee and a copy of any valid preplacement evaluation or any valid private agency adoption home study. Existing law requires the court, in an independent adoption, if a birth parent who did not place a child for adoption has refused to give the required consent, or a birth parent revokes consent, or, before the time when a revocable consent becomes permanent, a birth parent requests the return of the child, to order the child restored to the care and custody of the birth parent. This bill would instead require, in these circumstances, the child to be restored to the care and custody of his or her birth parent, unless the court orders otherwise. By imposing additional duties on delegated county adoption agencies, this bill would impose a state-mandated local program. (7) Existing law authorizes a parent who is a minor to relinquish his or her child to the department, county adoption agency, or licensed adoption agency and sign a consent for the adoption. Existing law provides that the relinquishment and consent are not subject to revocation by reason of minority. This bill would also provide that the relinquishment and consent are not subject to revocation because the parent or guardian of the minor parent was not served with notice of the relinquishment or consent, unless the minor parent previously provided written authorization to serve his or her parent or guardian with those notices. (8) Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the juvenile court under certain circumstances. In all cases in which a minor is adjudged a dependent child of the juvenile court under those circumstances, existing law authorizes the court to limit the control to be exercised over the dependent child by any parent or guardian. Existing law provides that those provisions do not limit the ability of a parent to voluntarily relinquish his or her child to the State Department of Social Services or to a county adoption agency at any time while the child is a dependent child of the juvenile court, if the department or county adoption agency is willing to accept the relinquishment. This bill would make those provisions applicable to a child who is the subject of a petition to declare him or her a dependent child of the juvenile court, and would specify that those provisions do not limit the ability of the parent of a child who is the subject of a petition to declare him or her a dependent child of the juvenile court or a dependent child to voluntarily relinquish that child to a licensed private adoption agency. The bill would require the juvenile court, when a child who is the subject of a petition to declare him or her a dependent child of the juvenile court, or a child who has been adjudged a dependent child of the juvenile court, has been relinquished to a licensed private adoption agency, after notice and a hearing, to determine whether the relinquishment should be approved or denied. The bill would authorize the court to dispense with notice and a hearing and issue an ex parte order approving the relinquishment if the relinquishment is accompanied by the written agreement of all parties. The bill would require notification of a parent relinquishing a child to a licensed private adoption agency that the relinquishment is subject to court approval. This bill would also require, when a child who is the subject of a petition to declare him or her a dependent child of the juvenile court, or a child who has been adjudged a dependent child of the juvenile court, has been relinquished to the department or a county adoption agency, the department or the county adoption agency to file notice of the relinquishment with the court and all parties and their counsel. (9) This bill would incorporate additional changes to Section 361 of the Welfare and Institutions Code proposed by Senate Bill 977 that would become operative if this bill and Senate Bill 977 are both enacted and this bill is enacted last. (10) 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 these statutory provisions.
Existing law provides that a child may come within the jurisdiction of the juvenile court and become a dependent child of the court in certain cases, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. This bill would specifically make legislative findings and declarations, until January 1, 2017, that a minor is within the jurisdiction of the juvenile court and a dependent child of the court if the minor is a victim of human trafficking, and the parent or guardian failed or was unable to protect the child. Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate community care facilities, including foster family agencies and other facilities that provide foster care services for children. Existing law requires the department to develop, and an administrator of a group home facility to complete, a certification program that includes training in various areas. Existing law requires a foster family agency to provide, and a licensed foster parent to complete, prescribed preplacement training and additional annual training. Existing law requires a community college district with a foster care education program to make orientation and training available to a relative or nonrelative extended family member caregiver of a foster child, as specified. This bill would require the training for an administrator of a group home facility, licensed foster parent, or relative or nonrelative extended family member caregiver to include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to a sexually exploited and trafficked minor in out-of-home care. By expanding the duties of community college districts, 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 these statutory provisions.