(1) Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits in which the officer or employee may act, under designated circumstances, including, but not limited to, when a vehicle is found upon a highway or public land or removed pursuant to the Vehicle Code, and has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within a designated time period. Under existing law, a vehicle that has been removed and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of towage and for caring for and keeping safe the vehicle. This bill would delete the authority of a peace officer or public employee, as appropriate, to remove a vehicle under these circumstances. The bill would delete the related authority to conduct a lien sale to cover towing and storage expenses, except as specified. The bill would make various conforming and technical changes. (2) Existing law authorizes a parking citation processing agency, as defined, to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle to which the citations have been issued, or by obtaining a civil judgment against the registered owner of the vehicle, as specified. Existing law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons, defined as a person whose monthly income is 200 percent or less of the current federal poverty guidelines. This bill would expand the payment plan option to a person whose monthly income is 300 percent or less of the current poverty guidelines. The bill would modify payment plans for low-income persons by removing the deadline to file a request to participate in a payment plan, allowing automatic payments, and reducing the total amount due for penalties so that it can be paid off within 24 months, as specified. The bill would give a low-income person who falls out of compliance with a payment plan at least 4 extensions to resume payments, as specified. The bill would require a processing agency to establish a process to have an unpaid parking penalty waived for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending. The bill would require the processing agency to provide a payment plan option for persons who do not qualify as low income. The bill would require the processing agency to mail a courtesy warning notice to the registered vehicle owner that contains information about the payment program, as specified. Existing law authorizes an issuing officer or agency to make a determination, in the interest of justice, to cancel a notice of parking violation within 21 days of the notice being secured to the vehicle. This bill would remove the 21-day time limitation described above. Existing law authorizes penalties for specified parking violations to be paid in installments if the issuing agency determines the violator is unable to pay the entire amount in one payment. This bill would further authorize an issuing agency to reduce or waive the parking penalty if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1978 to be operative only if this bill and AB 1978 are enacted and this bill is enacted last.
Sponsored bills
Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training (POST) to implement courses of instruction for the training of law enforcement officers in the use of force. This bill would require the commission, on or before July 1, 2026, to study and issue recommendations to the Legislature on the use of canines by law enforcement, as specified. Existing law requires each law enforcement agency to monthly provide a report of, among other things, all instances of a peace officer involved in a use of force against a civilian that results in serious bodily injury or death to the Department of Justice, and requires the department to yearly post a summary of those reports on the department's OpenJustice Web portal. This bill would require each law enforcement agency with a canine unit to annually publish a report of the use of canines, as specified, on its internet website. Because the bill would impose additional duties on local law enforcement agencies, 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, 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. This bill would make the operation of its provisions contingent upon the enactment of AB 2042 of the 2023–24 Regular Session.
Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) , governed by a board of directors, with specified powers and duties relative to the construction and operation of a rapid transit system. Existing law also establishes the independent Office of the BART Inspector General within BART and specifies the duties and responsibilities of the BART Inspector General including, among others, conducting, supervising, and coordinating audits and investigations relating to the district's programs and operations. Existing law provides that any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to provisions of the California Public Records Act applicable to law enforcement records. This bill would provide that the BART Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program. The bill would provide the office with access and authority to examine all records, files, documents, accounts, reports, correspondence, or other property of the district and external entities that perform work for the district. The bill would provide that all books, papers, records, and correspondence of the office are public records subject to the California Public Records Act, but would prohibit the office from releasing certain types of records to the public, except under certain circumstances. Before conducting any investigatory interview with an employee represented by an employee organization, the bill would require the office to notify the employee of certain rights including the right to be represented at the interview by a representative of the employee organization and would require the office to obtain a written waiver of that right of representation from the employee if the interview is conducted without a representative of the employee organization. The bill would authorize the office to issue subpoenas for the attendance of subjects and witnesses and the production of records, files, documents, accounts, reports, correspondence, or other property, or for the making of oral or written sworn statements, in any interview conducted as part of an audit, investigation, or review relating to improper activities by a person or entity other than an employee of the district, as specified. 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.
The False Advertising Law (FAL) makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law (UCL) makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law requires every keeper of a hotel, inn, or lodginghouse to post a statement of rates by the day for lodging and prohibits collection of a sum greater than that amount, as specified. This bill would, beginning July 1, 2024, require a person or an internet website, application, or other similar centralized platform that advertises a hotel room rate or short-term rental rate before the public in this state, or from this state before the public in any state, to include in the advertised hotel room rate or short-term rental rate all mandatory fees, as defined, that will be charged in order for the consumer to stay in the hotel room or short-term rental and include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay. This bill would authorize certain public attorneys, including the Attorney General, to bring an enforcement action against a person or an internet website, application, or other similar centralized platform that knew or should have known that it has advertised a hotel room rate or short-term rental rate in violation of these provisions, and would require a court to impose a civil penalty of not more than $10,000 for each violation after consideration of specified factors.
Existing law, the California Consumer Financial Protection Law (CCFPL) , establishes certain consumer protections relating to consumer financial products, practices, and services, including, among others, making it unlawful for covered persons or service providers, as defined, to, among other acts, engage in unlawful, unfair, deceptive, or abusive acts or practices with respect to consumer financial products or services. Existing law establishes that the purpose of the CCFPL is to promote consumer welfare, fair competition, and wealth creation in this state by promoting, among other things, nondiscriminatory access to consumer financial products and services that are understandable and not unfair, deceptive, or abusive. Existing law authorizes the Department of Financial Protection and Innovation, under the direction of the Commissioner of Financial Protection and Innovation, to prescribe rules regarding registration requirements applicable to a covered person in the business of offering or providing a consumer financial product or service, as defined, and rules requiring the payment of registration fees. This bill would expand the purposes of the CCFPL to include the protection of small businesses from abusive financial practices, as specified. The bill would impose various duties on commercial financing providers and brokers, including, among other things, prohibiting the taking of a confession of judgment or power of attorney at any time before a default, as specified.
Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony. This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft or a felony therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. Existing law prohibits the taking of the personal property of another, as specified, prohibits removing any part of a vehicle without the consent of the owner, and prohibits the possession or receipt of stolen property, as specified. A violation of these prohibitions is punishable as either a misdemeanor or a felony. This bill would make it a crime for a person to unlawfully possess property that was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering, if the property is not possessed for personal use and the person has the intent to sell or exchange the property, or the intent to act with another person to sell or exchange the property, and the value of the possessed property exceeds $950. The bill would, for the purpose of determining the value, allow the aggregation of the value of other illegally obtained property possessed by the person within the past 2 years. The bill would make this crime punishable as a misdemeanor or a felony. By creating a new 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 requires the schedule of parking penalties for parking violations and late payment penalties to be established by the governing body of the jurisdiction where the notice of violation is issued, as specified. This bill would specify that, when paid by mail, payment of a parking penalty or late payment penalty is deemed received on the date payment is postmarked. This bill would, notwithstanding any other law, prohibit a late payment penalty for a parking violation from exceeding 30% of the established parking penalty. Existing law establishes a process by which a person who has received a notice of a parking violation or a notice of a delinquent parking violation may contest the notice. Existing law requires the notice of delinquent parking violation to include information that renewal of the vehicle registration is contingent upon the registered owner paying the parking penalty or contesting the citation within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, or filing a specified affidavit. Existing law prohibits the addition of additional fees, assessments, and charges if the owner complies with the above-described deadlines and requirements. Existing law authorizes a person to request an initial review of the notice by the issuing agency for a period of 21 calendar days from the issuance of the notice of the parking violation or 14 calendar days from the mailing of a notice of delinquent parking notification, exclusive of the days the processing agency receives a specified request and the day the processing agency complies with the request. This bill would extend the time for the registered owner to pay the penalty or contest the citation to 30 calendar days, and extend the time to pay following issuance of the notice of delinquent parking violation to 21 calendar days. The bill would prohibit the imposition of additional fees until after the expiration of 30 days from the date of issuance of the parking violation. The bill would prohibit governing bodies from sending citations to the Department of Motor Vehicles for registration renewal hold until after 30 days from the date of issuance of the parking citation. This bill would extend the time for the person to request an initial review to 30 calendar days from the issuance of the notice of the parking violation or 21 days from the mailing of a notice of delinquent parking notification, exclusive of the days the processing agency receives a specified request and the day the processing agency complies with the request. This bill would require its provisions to be implemented in a local jurisdiction on the first day of the local jurisdiction's first fiscal year following January 1, 2025. By creating new duties for local entities, 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, 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, known as the Small Business Relief Act, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, authorizes a partnership or "S" corporation to elect to pay an elective tax at a rate based on its net income, as specified, for the taxable year, if it meets certain requirements, including a requirement that the taxpayer makes a prepayment on or before June 15 of the taxable year of the election in an amount equal to the greater of $1,000 or 50% of the elective tax paid by the taxpayer in the prior taxable year. Existing law provides for interest to be imposed on any amount of tax imposed but not paid, as provided. Existing law, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, allows a credit against the personal income tax of a taxpayer, other than a partnership, that is a partner, shareholder, or member of an entity that elects to pay the above-described elective tax authorized by the act, in an amount equal to a specified percentage of the partner's, shareholder's, or member's pro rata share or distributive share, as applicable, of income subject to the elective tax paid by the entity. This bill would, for taxable years beginning on or after January 1, 2024, and before January 1, 2026, authorize a partnership or "S" corporation to elect to pay the above-described elective tax without making the above-described prepayment or without making the prepayment in full on or before June 15 if the taxpayer pays the full amount of the elective tax on or before the due date of the original return without regard to any extensions. The bill would impose interest on the amount of the prepayment that was unpaid or underpaid for the period that begins on the June 15 that the prepayment was due and ends on the day of payment, as provided. The bill, for a taxpayer whose entity does not make the above-described prepayment on or before June 15, or makes a payment that is less than the amount due on or before June 15, as specified, would allow a credit for the taxpayer in a reduced amount, as specified.
The Political Reform Act of 1974 requires the Franchise Tax Board to conduct audits and field investigations regarding the reports filed by lobbyists. Existing law requires 25% of lobbyist employers and lobbying firms to be subject to a random audit and investigation every 2 years. This bill would revise the provisions above relating to audits and field investigations. Until January 1, 2033, this bill would transfer the responsibility for conducting audits and field investigations of lobbying reports to the Fair Political Practices Commission. During this period, the bill would require the Secretary of State to impose an additional fee, to be established by the commission, not to exceed $500 per year, to lobbying firms and lobbyist employers subject to audit to offset costs associated with conducting audits and field investigations. This fee would be deposited in a new fund that the bill would establish, the Field Audits and Investigations Fund, which would be continuously appropriated to the commission for these purposes. From January 1, 2027 through January 1, 2033, the bill would require 60 lobbying firms and lobbyist employers who employ one or more lobbyists to be selected for audit, as specified. Additionally, this bill would require the commission to adopt regulations or policies that would ensure the operational independence of the commission's audit personnel from the commission's enforcement operations. Audits conducted by the commission would be required to be posted on the commission's internet website for 10 years following the conclusion of the audit and the commission would be required to annually report to the Legislature on the number and types of audits completed by the commission. By creating the Field Audits and Investigations Fund, which would be continuously appropriated to the commission to offset costs associated with the above audits and investigations, the bill would make an appropriation. 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 of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election, requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense. The Legislature may amend Proposition 69 by a statute passed in each house by majority vote, as specified. This bill would expand these provisions to require persons convicted on or after January 1, 2025, of soliciting, agreeing to engage in, or engaging in an act of prostitution with a minor, as specified, in exchange for providing money or compensation to the minor to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, 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.