This measure would recognize the month of January 2024 as National Human Trafficking Awareness Month.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA authorizes specified entities to file and maintain with a court an action or proceeding to attack, review, set aside, void, or annul an act of a public agency on grounds of noncompliance with the requirements of the act. This bill would require an action or proceeding brought to attack, review, set aside, void, or annual acts or decision of a public agency for a commercial, housing, or public works project that helps to address longstanding critical needs in the project area and that results in an investment of at least $25,000,000 in the state on the grounds of noncompliance with CEQA to be resolved, to the extent feasible, within 365 days of the filing of the certified record of proceedings with the court. The bill would require the Judicial Council to adopt a rule of court to implement this provision. This bill would require a plaintiff or petitioner, in an action brought pursuant to CEQA, to disclose the identity of a person or entity that contributes in excess of $100, as specified, toward the plaintiff's or petitioner's costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or economic interest related to the project of any person or entity that contributes in excess of $100 to the costs of the action, as specified. The bill would authorize a court to take any action necessary to compel compliance with these disclosure requirements, up to and including dismissal of the action.
Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person's state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person. 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.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would, for taxable years beginning on or after January 1, 2023, and before January 1, 2028, allow a credit of $5,000 against the taxes imposed by those laws to a qualified taxpayer. The bill would define a qualified taxpayer for this purpose to mean a taxpayer that owns and leases qualified rental property, as defined, to a qualified nonprofit, as defined, pursuant to a qualified lease. The bill would require the qualified taxpayer to obtain certification, under penalty of perjury, from the qualified nonprofit that the qualified rental property will be used to provide housing to survivors of domestic violence, as provided. By expanding the crime of perjury, this bill would establish a state-mandated local program. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. 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 take effect immediately as a tax levy.
The California Financing Law (CFL) provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Financial Protection and Innovation, including by regulating the provision of commercial loans, as defined. A willful violation of the CFL is a crime, except as specified. This bill would, beginning January 1, 2026, generally provide for the regulation under the CFL of commercial financing, which the bill would define to mean an accounts receivable purchase transaction, including factoring, asset-based lending transaction, commercial loan, or lease financing, intended by the recipient for use primarily for a purpose other than a personal, family, or household purpose. The bill would prohibit a person from engaging in the business of a commercial financing provider, as defined, or commercial financing broker, as defined, without obtaining a license from the commissioner. The bill would prohibit a commercial financing provider or a commercial financing broker from, among other things, taking an instrument in which blanks are left to be filled in after execution. The bill would require a licensed commercial financing provider to do certain things, including permitting payment to be made in advance in any amount on any commercial financing transaction at any time. The bill would require a licensed commercial financing broker to do certain things, including delivering to the recipient at the time the final negotiation or arrangement is made a statement showing in clear and distinct terms the name, address, and license number of the commercial financing broker and the commercial financing provider, as prescribed. By expanding the scope of the crime of willfully violating the CFL, this bill would impose a state-mandated local program. The bill would make various conforming changes to the CFL. 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 Personal Income Tax Law, in modified conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, including an exclusion for the amount of student loan indebtedness repaid or canceled pursuant to a specified federal law. This bill would exclude from an individual's gross income, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, the amount of certain student loans discharged, in whole or in part, after December 31, 2020, and before January 1, 2026, in conformity with federal law. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would make findings and declarations related to a gift of public funds.
Existing law provides for 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 and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit of $85 a day to families of up to 4 members for the costs of temporary shelter, and a nonrecurring special needs benefit for permanent housing assistance to pay for last month's rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last month's rent or monthly arrearage portion of the payment from exceeding 80% of the family's total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the family's total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. This bill, beginning January 1, 2025, or when specified automation processes are available, and for purposes of determining the family's total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. The bill, beginning January 1, 2025, or when specified automation processes are available, upon application for temporary or permanent homeless assistance, would require the county to refer the assistance unit to any other homeless assistance services provided under the CalWORKs program and would authorize the county to give priority to the assistance unit for those services. The bill would also require the department to, on or before January 1, 2025, and among other things, collect specified statewide data relating to the provision of these homeless assistance benefits, and establish a statewide stakeholder advisory group, or modify the responsibilities of an existing advisory group, to develop specified recommendations relating to these homeless assistance benefits. By imposing additional duties on counties, the bill would impose a state-mandated local program. 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 these provisions. 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 makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill, Alexandra's Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to, the above crimes, as specified, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form, if used, and specified on the record. The bill would require that the fact the advisory was given be recorded in the abstract of conviction and would prohibit the advisement from being used as evidence in the prosecution of a minor in juvenile court.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compacts entered into between the State of California and the Cahto Tribe of the Laytonville Rancheria, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Resighini Rancheria, and the Sherwood Valley Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to those compacts are not projects for the purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
