Sen. Steve Glazer

Existing law makes it a crime to maliciously and intentionally maim, mutilate, torture, wound, or kill a living animal. If a defendant is granted probation for a conviction under this provision, existing law requires the court to order the defendant to complete and pay for counseling designed to evaluate and treat behavior or conduct disorders, as specified. This bill would delete the requirement that a defendant granted probation complete counseling and would instead require the court, for every defendant granted probation for this and other specified offenses against animals, to consider whether to order the person to undergo a mental health evaluation by an evaluator chosen by the court. The bill would require the defendant to pay for the evaluation and subsequent treatment, but would authorize the court to establish a sliding fee schedule based on the defendant's ability to pay.

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.

The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the county or city, or purchased for storage, use, or other consumption in the county or city. Existing law requires the city tax rate to be credited against the county rate so that the combined rate does not exceed 1.25%. Existing law requires the county or city to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. The Bradley-Burns Uniform Local Sales and Use Tax Law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer, unless otherwise specified. Existing law provides that these local sales taxes are allocated to the place where the sale is deemed to take place. The California Constitution prohibits the Legislature from enacting a statute that would change the method of distributing revenues derived under the Bradley-Burns Uniform Local Sales and Use Tax Law, as that law read on November 3, 2004, except the Legislature may change that law by statute to allow the state to participate in an interstate compact or to comply with federal law. This measure would provide that, on and after January 1, 2020, for the purpose of distributing the revenues derived under a sales tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, the retail sale of tangible personal property by a qualified retailer, as defined, that is transacted online is instead consummated at the point of the delivery of that tangible personal property to the purchaser's address or to any other delivery address designated by the purchaser.

(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor. This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the California Promise, which requires specified minimum numbers of campuses of the California State University to establish a California Promise program by which the campus would enter into a pledge with a student who satisfies specified criteria to support the student in earning a baccalaureate degree within 4 academic years, or if the student is a community college transfer student who earned an associate degree for transfer, within 2 academic years, of the academic year of the student's first year of enrollment, as specified. This bill would establish the Student Success and On-time Completion Fund in the State Treasury, and would authorize the trustees, upon appropriation by the Legislature, to use moneys in the fund to incentivize participation by specified students in a campus' California Promise program in one or more specified ways, including the use of grants and tuition freezes, as specified. Commencing July 1, 2019, this bill would, if a California Promise student cannot complete a baccalaureate degree program within 4 academic years of the academic year of the student's first year of enrollment, or a participating transfer student cannot complete a baccalaureate degree program within 2 academic years of the student's first year of enrollment to the campus, as applicable, because a required course for the degree program is not offered or is full at the campus, prohibit systemwide tuition and fees, as applicable, otherwise required to register and enroll in the course, from being charged to the California Promise student once the course becomes available, or in a substitute course that fulfills the graduation requirement.

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.

The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including the planning, acquisition, development, conservation, and restoration of lands in state vehicular recreation areas. Existing law establishes the Off-Highway Vehicle Trust Fund to be the repository of certain moneys, including fees received by the department for the use of state vehicular recreation areas. Existing law requires the revenues in the fund to be available, upon appropriation, for grants and cooperative agreements, as specified, the support of the division, and the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in state vehicular recreation areas and certain other areas. This bill would authorize the department to dispose of the portion of the Carnegie State Vehicular Recreation Area known as the "Alameda-Tesla Expansion Area" to permanently preserve that land for conservation purposes, as specified, if the department determines that disposing of the land is in the public interest. The bill would require that the land only be sold to a local agency or nonprofit organization for use as a park or another open space purpose, as specified. The bill would require any revenue from the disposition of the land to be deposited in the Off-Highway Vehicle Trust Fund for the purchase, by the department, of land for off-highway vehicle recreation.

This measure would proclaim June 2018 as California Grown Flower Month to recognize and honor the people of the California grown flower industry for their dedication and productivity.

This measure would state that the Legislature opposes the proposed rulemaking amendments by the United States Environmental Protection Agency and National Highway Traffic Safety Administration to adopt the Safer Affordable Fuel-Efficient Vehicles Rule and the proposed withdrawal by the United States Environmental Protection Agency of the January 9, 2013, waiver granted under the federal Clean Air Act that, if withdrawn, would prevent California from establishing appropriate emissions and air quality reduction standards.