Under current law, a motor vehicle fails an emissions inspection solely because a check engine light is illuminated on the motor vehicle's dashboard, regardless of what the vehicle's actual emissions are. The bill directs the air quality control commission to submit to the federal environmental protection agency by May 5, 2021, a proposed revision to the state implementation plan that would enable a vehicle that fails the on-board diagnostics test solely because a check engine light is illuminated on the vehicle's dashboard to undergo a tailpipe emissions test replace the existing on-board diagnostics test with an IM240 tailpipe emissions test as specified in guidance issued by the environmental protection agency, except in cases where the vehicle cannot be tested using the tailpipe emissions test, including where using the tailpipe emissions test would be unsafe. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Usually, an owner of digital electronic equipment (equipment), such as cell phones and tablets, must seek diagnostic, maintenance, or repair services of the equipment from the original equipment manufacturer (manufacturer) or an authorized repair provider affiliated with the manufacturer. The bill requires a manufacturer to provide parts, embedded software, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's equipment to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services. A manufacturer's failure to comply with the requirement is an unfair or deceptive trade practice. Manufacturers need not divulge any trade secrets to independent repair providers and owners. Any contractual provision or other arrangement that a manufacturer enters into that would remove or limit the manufacturer's obligation to provide these resources to independent repair providers and owners is void and unenforceable. (Note: This summary applies to this bill as introduced.)
The act authorizes a port of entry officer to direct traffic in addition to existing enforcement powers. (Note: This summary applies to this bill as enacted.)
The bill repeals the laws relating to extreme risk protection orders. Under current law, a person can be held on an involuntary 72-hour mental health hold if the person appears to be an imminent danger to others or to himself or herself. The bill changes the standard from imminent danger to extreme risk and defines extreme risk as a credible and exigent threat of danger to themselves or others through actionable threats of violence or death as result of a current mental health state. (Note: This summary applies to this bill as introduced.)
Current law allows the director of the oil and gas conservation commission to delay the final determination regarding an oil and gas permit application pursuant to specified objective criteria. The bill repeals this authority and specifies that if a local government that has so-called "House Bill 1041 authority" approves an oil and gas application, the commission or director shall approve the application for a permit to drill.(Note: This summary applies to this bill as introduced.)
The bill requires local education employers to disclose to their employees the amount of money deducted from the employees' wages and salaries payable to a third party that is used for lobbying or political activity. The bill requires the local education employers to collect the necessary information from third-party entities in order to compile the disclosure information.(Note: This summary applies to this bill as introduced.)
The bill directs the governor and the department of public safety to include in disaster preparedness plans the credentialing of first informer broadcasters, whose personnel and vehicles would be authorized to enter areas otherwise closed to the public for the purpose of repairing or maintaining antennas or other infrastructure needed to communicate vital information to the public. A local law enforcement agency or other public official is not liable for any act or omission when a first informer broadcaster is granted access to a closed area.(Note: This summary applies to this bill as introduced.)
Fire and police pension association - entry for social security employers - participation in defined benefit system. The board of the fire and police pension association (association) is authorized to allow an employer that covers employees under the federal "Social Security Act" whose duties are directly involved with the provision of law enforcement or fire protection (employer) and that is eligible to participate in the social security supplemental plan established by the association to alternatively elect to participate in one or more of the defined benefit plans administered by the association with full benefits and unreduced contribution rates. An employer that elects to affiliate with the association to participate in a defined benefit plan is required to make the election through the governing board of the local government or county. An application for coverage by the association is required to be approved by at least 65% of all active members employed by the employer who vote in the election proposing coverage. The board of the association is authorized to adopt rules to allow an employee of the affiliating employer to elect to remain in a predecessor plan and not have coverage by the association. All active employees at the time of affiliation with the association, with the exception of employees who elect to remain in a predecessor plan, and all employees who are hired after affiliation will become participants in the association and such participation cannot be revoked. (Note: This summary applies to this bill as enacted.) Read More
Marriage of underage persons - issuance of marriage license - rights and conditions - appropriation. The act prohibits persons under 16 years of age from obtaining a marriage license. A person who is 16 or 17 years of age may only obtain a marriage license if a juvenile court determines that the underage party is capable of assuming the responsibilities of marriage and that the marriage would serve the underage party's best interests. Prior to making this determination, the court shall appoint a guardian ad litem for the underage party to investigate the underage party's circumstances and best interests and to file a report with the court addressing the factors listed in the act and stating a position regarding whether the issuance of a marriage license is in the underage party's best interests. The act authorizes the juvenile court to appoint a guardian ad litem for purposes of judicial consent for underage marriage. The act clarifies that an underage married person has certain rights under law, including the right to establish a separate domicile from the married person's parents; the right to file motions and petitions in the married person's own name; the right to enter into enforceable contracts, including leases for housing; and the right to consent to their own medical care. The act clarifies that both parties to a proxy marriage must be 18 years of age. The act prohibits complete social security numbers from appearing on marriage forms and certificates issued by county clerks and recorders and allows certain documents to prove the applicant's identity. For the 2019-20 state fiscal year, the act appropriates $59,850 from the general fund to the judicial department for use by the office of the child's representative for operating expenses and for court-appointed counsel. (Note: This summary applies to this bill as enacted.) Read More
Unclaimed property trust fund - transfer - general fund. On July 1, 2019, the act requires the state treasurer to transfer $30 million from the unclaimed property trust fund to the general fund. The amount transferred constitutes fiscal year spending subject to the state fiscal year spending limit.(Note: This summary applies to this bill as enacted.) Read More