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. The California Constitution authorizes the Legislature to provide that persons over 55 years of age and persons who are severely disabled may transfer the base year value, as defined, of real property that is eligible for a homeowners' property tax exemption to a replacement dwelling, if certain conditions are met. This measure would additionally authorize the Legislature to provide for a similar transfer of base year value of real property to a replacement dwelling for persons who are the parents or legal guardians of a severely disabled child and reside with that child. The measure would limit this provision to replacement dwellings purchased or newly constructed on or after its effective date.
Sponsored bills
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop and implement performance reliability standards for backup power systems installed on the property of residential and small commercial customers by a facilities-based provider of telephony services upon determining that the benefits of the standards exceed the costs. This bill would require the commission, in consultation with the Office of Emergency Services, to develop and implement performance reliability standards, as specified, for all mobile telephony service base transceiver station towers, commonly known as "cell towers." Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 authorizes a county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide to apply to the Controller for reimbursement of excessive costs incurred by the county under specified circumstances. Under existing law, if the Controller determines that reimbursement is proper, the Controller is required to request the Director of Finance to include any amounts necessary to fulfill reimbursement in a request for deficiency appropriation. This bill would enact the Justice Act of 2019 for the Reimbursement of County Costs Arising from the Matter of the People v. Joseph DeAngelo, and would authorize the County of Sacramento and other California counties to be reimbursed for the reasonable and necessary costs, as specified, incurred in connection with the prosecution and defense of Joseph DeAngelo. The bill would require a county seeking reimbursement to send a statement of costs to the Controller for approval, and would require the Controller, within 60 days, to either pay approved costs or provide a written statement as to the reason for not making reimbursement at that time. The bill would create the Justice Act of 2019 Fund for these purposes.
The Pharmacy Law provides for the licensure and regulation of pharmacists, pharmacy technicians, and pharmacies by the California State Board of Pharmacy, which is within the Department of Consumer Affairs. That law authorizes a pharmacy technician to perform packaging, manipulative, repetitive, or other nondiscretionary tasks only while assisting, and while under the direct supervision and control of, a pharmacist. That law prohibits a pharmacy with only one pharmacist from having more than one pharmacy technician performing those tasks and prohibits the ratio of pharmacy technicians performing those tasks to any additional pharmacist from exceeding 2 to 1, except as specified. This bill would, with certain exceptions, allow an employer and one or more labor organizations representing employees who are pharmacists, pharmacy technicians, or a combination thereof in an employer's pharmacy to enter into a bona fide collective bargaining agreement providing a ratio of up to 3 to 1 pharmacy technicians per pharmacist, regardless of whether the pharmacy has only one pharmacist or more than one pharmacist, if the employer meets certain requirements, including demonstrating to the board that the employer will, among other things, ensure that each pharmacy technician receives in-service training before the pharmacy technician assumes the pharmacy technician's duties and responsibilities.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. This bill, until January 1, 2025, would require the Board of State and Community Corrections to establish the Restorative Justice Pilot Program and, upon appropriation of money for this purpose by the Legislature, would require the board to make 5-year grants to up to 3 counties to establish and operate restorative justice diversion programs. As part of the program, commencing January 1, 2021, the bill would require a court to defer an eligible defendant's sentence for up to 36 months while the defendant undergoes specified counseling. The bill would require, after counseling and other preparation of the parties, the responsible party to encounter, in a facilitated setting, the victims, or surrogates chosen to stand in for the victims, and directly address the harms the responsible person has caused. The bill would require the victim to be given the opportunity to assist in the shaping of the amends with which the responsible party is required to comply and would require the responsible party, the victim, and representatives of community stakeholders to jointly agree on a restorative justice plan that will bring amends to the victim and the community and help the responsible party make changes that will prevent the commission of additional crimes. This bill would require the board to establish requirements for all counties participating in the program to collect consistent data and to report that data to the board or a qualified research organization designated by the board. The bill would require the board to designate a qualified independent research organization to analyze the data collected and issue a report on the findings, as specified. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would make specified statements, and information derived from those statements, made as a part of the program inadmissible in any action or proceeding.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product, as defined. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions not be construed to preempt or prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. The bill would state that its provisions are severable. By creating a new 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.
Existing law authorizes the Department of Veterans Affairs to design, develop, and construct state-owned and state-operated veterans cemeteries, as specified, in northern, southern, and central California. Existing law makes honorably discharged veterans, their spouses, and dependent children eligible for internment in those cemeteries, as specified. This bill would additionally authorize the remains of a person to be buried in those cemeteries if the person was naturalized pursuant to the federal Hmong Veterans' Naturalization Act of 2000, as specified, and resided in the State of California at the time of the person's death.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Existing law authorizes a student who, at the time they are required to participate in the program, is enrolled in any undergraduate degree or certificate program that leads to employment to continue in that program if they are making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. A person may meet their welfare-to-work requirements by taking part in a self-initiated education or training program; however, if a recipient does not complete a specified number of hours of classroom, laboratory, or internship activities, the county human services agency is required to have the recipient participate in concurrent work activities, as specified. Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participant's lifetime. Existing law provides for an extension of that 24-month period under certain circumstances. Existing law requires that necessary supportive services, including child care and transportation costs, be available to every welfare-to-work participant in order to participate in the program activity to which they are assigned. This bill would require that a CalWORKs eligible individual participating in an educational activity full time and making satisfactory progress, as specified, receive a standard allowance of $500, which may be provided, in whole or in part, in the form of a book voucher. The bill would authorize a participant to opt out of the standard allowance at any time, to make a reimbursement claim for the actual costs of books and supplies, and to submit this claim to the county. The bill would require that an applicant or recipient who is enrolled in a specified educational plan or program and making satisfactory progress be deemed to be meeting all welfare-to-work requirements, including the hourly participation requirements, and be entitled to the allowance or reimbursement and other necessary supportive services. The bill would provide that a recipient who is enrolled in a publicly funded postsecondary educational institution and making satisfactory progress that would meaningfully increase the likelihood of their employment is entitled to an extension of the 24-month cumulative participation period, as specified. The bill would define "full time" and "making satisfactory progress" for purposes of these provisions and would require that these allowances be adjusted annually for inflation. By imposing a higher level of service of county employees, 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 continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires the Department of Resources Recycling and Recovery to annually designate convenience zones and requires that at least one certified recycling center that meets certain requirements be located within every convenience zone. Existing law authorizes the department to grant a convenience zone an exemption from certain redemption requirements, including certain dealer and recycling center redemption requirements, based on certain factors. Existing law limits the total number of exemptions that may be granted to 35% of the total number of convenience zones identified as having one or more of those factors applicable. This bill would increase the total number of exemptions that may be granted to 50% of the number identified as eligible. The bill would require the department to review exemptions every 5 years to determine if each exemption still meets the prescribed exemption criteria. (2) The act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to submit an affidavit to the department stating that the dealer has met specified standards for redemption, including, among others, that the dealer is redeeming all empty beverage container types at all open cash registers or at one designated location on the dealer's premises, during all hours that the dealer is open for business. If the dealer does not submit that affidavit, existing law requires the dealer to pay $100 per day to the department, for deposit in the California Beverage Container Recycling Fund, a continuously appropriated fund described in (3) , until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provision. This bill would revise these convenience zone redemption duties and exempt from those duties dealers with gross annual sales of less than $2,000,000 and dealers that are not supermarkets and that have less than 5,000 square feet of interior retail space. The bill, until January 1, 2022, would also exempt certain other dealers from these requirements. (3) The act establishes the California Beverage Container Recycling Fund and, except for administrative costs, continuously appropriates moneys in the fund to the department for specified purposes, including the amount necessary to pay handling fees to certain types of recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones. This bill would require the department to offer a handling fee payment from the fund to certain certified recyclers within unserved convenience zones. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill, until July 1, 2022, would require the handling fee to be set at the rate in effect on July 1, 2015. The bill would authorize the department, until July 1, 2022, to annually expend $3,000,000 from the fund for specified supplemental handling fee payments to low-volume recycling centers. By authorizing the expenditure of a continuously appropriated fund for new purposes, this bill would make an appropriation. The bill would require the department to develop and submit to the Legislature recommended revisions to the handling fee provisions, as specified. (4) The act also continuously appropriates from the California Beverage Container Recycling Fund $10,500,000 annually for payments to cities and counties for beverage container recycling and litter cleanup activities. The act authorizes the department to withhold those payments to any city, county, or city and county that has restricted or prohibited the siting of a supermarket site, as provided. This bill would require the department, on or before July 1, 2020, to convene a public hearing, as specified, for purposes of discussing and receiving public testimony on the development of guidelines for evaluating the circumstances that might prompt the department to withhold beverage container recycling and litter cleanup activities payments to any city, county, or city and county that has restricted or prohibited the siting of a supermarket site. (5) The act requires the department to pay a market development payment to a reclaimer, as defined, for empty plastic beverage containers that have been collected for recycling in the state, and that the reclaimer washes and processes into flake, pellet, sheet, or any other form that is then usable as input for the manufacture of new plastic products, as defined, by product manufacturers in the state. The act also requires the department to pay a market development payment to a product manufacturer, as defined, for plastic flake, pellet, sheet, or any other form of plastic purchased from a reclaimer and used by that product manufacturer to manufacture a plastic product in the state. The act makes these provisions inoperative on July 1, 2022. This bill would delay the inoperative date of these provisions from July 1, 2022, to July 1, 2023. The act authorizes the department, for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive, to expend up to $10,000,000 each fiscal year from the fund for market development payments to reclaimers and product manufacturers. This bill would additionally authorize the department to expend up to $10,000,000 from the fund for those purposes for the 2022–23 fiscal year, thereby making an appropriation. (6) Under the act, the department is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer. The department is required to calculate the processing fee in a specified manner, so that the processing fee generally equals 65% of the processing payment that the department is required to pay to processors if the scrap value of the container having a refund value pursuant to the act is less than the cost of recycling. The department is required to determine the statewide weighted average cost to recycle each beverage container type by conducting a survey, as specified. The department is required to establish a processing fee account in the continuously appropriated California Beverage Container Recycling Fund for each material type and to deposit processing fees and other amounts in the applicable account. This bill would, for purposes of calculating processing payments, require the department, until January 1, 2022, to use the actual cost of recycling that was in effect on December 30, 2015, adjusted as specified. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill would provide that the processing fees established by the department between the effective date of the bill and December 31, 2019, inclusive, shall not be higher than they would be absent these new provisions. The bill would require the department to suspend usage of surveys and calculations of recycling costs until at least January 1, 2021, and would authorize the department to redirect any contract funds for cost surveys and calculations to provide for a specified assessment and to utilize any contract funds available for the development of amendments to be recommended to the Legislature regarding specified provisions of the act. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted to monitor progress toward the achievement of the goals. Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC's membership. The annual state Budget Acts from the 2011–12 fiscal year to the 2018–19 fiscal year, inclusive, have provided no funding for CPEC. This bill would establish the Higher Education Performance, Accountability, and Coordination Commission, composed of 5 public members with experience in postsecondary education, appointed as specified, as the statewide postsecondary education oversight, coordination, and planning entity. The bill would require the commission to develop and publish an independent annual report on the condition of higher education in California, as provided. The bill would establish other functions and responsibilities of the commission, which would include specified advisory duties and acting as a clearinghouse for postsecondary education information. The bill would authorize the commission to require the governing boards and institutions of public postsecondary education to submit specified information and student data to the commission on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to the commission's functions and responsibilities. To the extent that these provisions would impose new duties on community college districts, the bill would constitute a state-mandated local program. The bill would require the Legislative Analyst's Office to report to the Legislature on the performance of the commission on or before January 1, 2025. 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.