Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires the agency to assess the potential for adverse economic impact on California business enterprises and individuals, as specified. Existing law provides that a regulation shall become effective 30 days after the date it is filed with the Secretary of State, as specified. This bill would also require an agency to produce, as part of the required impact assessment, a detailed estimate of the cumulative statewide cost impacts for affected businesses. This bill would require the agency to notify specified committees of the Legislature if the estimated cumulative statewide cost impacts for affected businesses exceed $10,000,000, as specified. This bill would require that a regulation that has an estimated cumulative statewide cost impact for affected businesses that exceed $10,000,000 not take effect until January 1, next, one year following the date that the regulation is filed with the Secretary of State.
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Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose, until January 1, 2020, for the privilege of selling direct broadcast satellite television service, a tax on a direct broadcast satellite television service provider at the rate of 6% of its gross revenues, as defined. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law, as specified. The revenues from this tax would be deposited in the Local Safety and Protection Account established in the Transportation Tax Fund, a continuously appropriated fund, which is operative until July 1, 2011. By depositing revenues into a continuously appropriated fund, this bill would make an appropriation. This bill would reestablish the Local Public Safety Account in the Transportation Tax Fund on July 1, 2011. This bill would additionally require the Legislative Analyst's Office to conduct, and prepare a report on, the impact of the tax on direct broadcast satellite television service providers, as specified. Because this bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it 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. This bill would declare that it is to take effect immediately as an urgency statute, but its operative date would depend on its effective date.
Existing law establishes the Bureau of Independent Review within the office of the Inspector General to provide public oversight of specified investigations conducted by the Department of Corrections and Rehabilitation, and to issue reports to the Governor and the Legislature that are required to include specified content. This bill would provide that the Bureau of Independent Review shall provide public review and monitoring, rather than public oversight, of those same investigations conducted by the Department of Corrections and Rehabilitation, and would delete specified required elements from the reporting mandate.
(1) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in blighted areas in those communities known as project areas. Existing law requires that each redevelopment agency submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body and to additionally present an annual report to the legislative body containing specified information. This bill would impose new requirements on the agency with respect to implementation plans and evidentiary standards and expand existing prohibitions on agency direct assistance to certain projects. The bill would require the Controller, on or before January 1, 2013, to issue regulations revising and consolidating reporting for redevelopment agencies and to develop a simple, uniform, and consistent methodology for the calculation, payment, and reporting of passthrough payments. The bill would also require the Controller to review and revise the guidelines adopted for the content of the final report at least every 5 years, as specified. The bill would also transfer certain reporting requirements from the Department of Housing and Community Development to the Controller, as specified, and require that agencies send certain notifications to the Controller in addition to sending the notifications to the department. The bill would require that the department develop guidelines establishing standards to evaluate agency performance. (2) The bill would require the State Auditor to conduct audits of selected redevelopment agencies to ensure compliance with existing law. The bill would require each agency, immediately upon receipt, to deposit 0.025% of tax increment into the Redevelopment Agency State Audit Fund, which the bill would create, to fund the audits. (3) The California Constitution authorizes a redevelopment agency to receive funding through tax increment revenues attributable to increases in assessed property tax valuation of property in a project area due to redevelopment. Existing law prescribes the procedure by which the tax increment revenue is allocated. The bill would provide, for purposes of the above provisions, tax increment revenue transferred to an agency exclude any funds considered educational agency property tax revenues. The bill would provide that this provision applies only to tax increment revenues generated from any redevelopment project established on or after January 1, 2012. (4) The bill would authorize an agency to loan or grant funds for projects relating to energy efficiency. The bill would also authorize an agency to provide direct assistance, as described, to businesses within project areas for industrial or manufacturing uses or similar uses of statewide benefit.
(1) Existing law establishes the Public Interest Research, Development, and Demonstration Program for the purpose of making awards for public interest energy research, development, and demonstration projects or programs that are not provided for by competitive regulated markets. Existing law prescribes, until January 1, 2012, procedures that the State Energy Resources Conservation and Development Commission (Energy Commission) is required to follow in adopting regulations to implement the program. This bill would require the Energy Commission to follow the prescribed procedures until January 1, 2022. (2) Existing law requires that the moneys collected between January 1, 2007, and January 1, 2012, from the electrical corporations for public interest research, development, and demonstration and deposited in the Public Interest Research, Development, and Demonstration Fund be used for the purposes of the Public Interest Research, Development, and Demonstration Program. The bill would extend the use of those moneys collected until January 1, 2022, for the purposes of the Public Interest Research, Development, and Demonstration Program to January 1, 2022.
(1) Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. If either school district fails to approve the interdistrict attendance of a pupil, or in the case of the failure or refusal of the school districts to enter into an agreement, existing law authorizes the person having legal custody of the pupil to appeal to the county board of education in accordance with a prescribed procedure. This bill would require the county board of education to conduct a hearing within 30 days of the filing of the appeal. The bill would specify the issues to which the county board's review of the decision would be limited. Because this bill would create new duties for county boards of education, it would constitute 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, 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 these statutory provisions.
Existing law provides that when a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county or the chief or other head of a municipal police department of any city or city and county may issue a license to that person upon proof of certain requirements, including that good cause exists for the issuance of the license. This bill would provide that the good cause requirement would be deemed met for any applicant who is a member of Congress, a statewide elected official, or a Member of the Legislature, for purposes of protection or self-defense, and that those persons would be required to comply with all other requirements for obtaining or renewing the license, as specified.
Existing law establishes a conclusive presumption that a man is the natural father of a child if he and the natural mother of the child are married and the child is born during the marriage, or if he signs a voluntary declaration of paternity, as provided. Under existing law, these presumptions of paternity may be rebutted by genetic evidence that another man is the biological father of the child. Existing law requires that a motion for genetic tests be filed not later than 2 years after the birth of the child, as specified. This bill would, notwithstanding those provisions, authorize a presumed father to file a motion for genetic tests within 2 years after he becomes aware of facts that lead him to reasonably believe that he may not be the biological father of the child. Existing law provides that, except as to cases in which paternity is presumed under the conclusive presumption described above, specified persons, including a man alleged or alleging himself to be the father, may bring an action to determine the existence of the father and child relationship. This bill would delete that exception, thereby authorizing those persons to bring an action to determine the existence of the father and child relationship in a case in which another man is presumed to be the father. Existing law declares that there is a compelling state interest in determining paternity for all children. This bill would instead declare that there is compelling state interest in determining biological paternity for all children, and would further declare that establishing paternity for biological fathers would increase respect for the judicial system.
(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. An agency that is considering adopting, amending, or repealing a regulation is authorized to consult with interested persons before initiating regulatory action, and requires an agency to do so when the regulation involves complex or numerous proposals. This bill would require the agency, if it does not, or is unable to, consult with these parties to inform in writing the Office of Small Business Advocate and the Department of Finance of its decision and the reasons for not consulting the impacted businesses. (2) The act requires every state agency subject to the act to submit, with the notice of the proposed adoption, amendment, or repeal of a regulation, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, which is required to include, among other things, a description of any reasonable alternatives that would lessen any adverse impact on small business and the agency's reasons for rejecting those reasonable alternatives. The act specifies that the agency is not required, in this initial statement, to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. This bill would require the agency to describe the agency's reasons for rejecting each specific alternative, and would delete the specification that an agency is not required to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. (3) The act requires a state agency to assess the potential of a proposal to adopt, amend, or repeal a regulation to adversely affect business enterprises and individuals. This bill would also require an agency to submit an economic impact statement that makes that assessment and would also require an agency, before submitting a proposal, to prepare a small business economic impact statement that contains specified information. This bill would also require an agency that adopts a regulation that requires the use of a new or emerging technology or equipment in order to achieve the identified purpose of the regulation to post, as specified, prior to the effective date of the regulation, that the required technology or equipment is commercially available or will be commercially available prior to the effective date of the regulation. This bill would, if the required technology or equipment is not commercially available on the effective date of a regulation, prohibit an agency from enforcing a violation of the regulation until at least 6 months after the technology or equipment becomes commercially available and the agency posts that information, as specified. This bill would also provide that the agency be required to reimburse a business or individual for the costs incurred in purchasing the required new or emerging technology or other equipment if that technology or other requirement is determined to not function as intended, as specified. (4) Under the act, the agency must issue a notice of proposed action that includes prescribed information, including, if a state agency makes an initial determination that the adoption, amendment, or repeal of a regulation will not have a significant statewide adverse economic impact directly affecting business, a declaration of that determination. This bill would delete that requirement and instead require, if an agency declares that it is not aware of any cost impact, that the notice of proposed action include a statement describing how a private person or business could comply with the proposed regulation without incurring a cost. This bill would also require that the notice of proposed action include the small business economic impact statement that this bill requires an agency to prepare. (5) The act also requires the Department of Finance to adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that any agency is required to use in making the determinations relating to mandates on local agencies or school districts, as specified. This bill would also require the Department of Finance to adopt and update, as necessary, instructions prescribing the methods that any agency is required to use in making the determinations relating to significant, statewide adverse economic impacts directly affecting business, as specified. (6) The act requires the Office of Administrative Law to review and approve regulations that are adopted, amended, or repealed, using prescribed standards. The act requires that the office reject a proposed regulation in specified circumstances. This bill would require that the office reject a proposed regulation if the adopting agency does not provide specified information relating to the small business economic impact statement. (7) The act authorizes any interested person to obtain a judicial declaration as to the validity of specified regulations or orders of repeal, by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. This bill would specify that an interested person includes, but is not limited to, a small business or an organization or trade association that represents small businesses and whose members are affected by the regulation. (8) The bill would also make conforming changes to the act.
The Gambling Control Act provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. Existing law provides for the enforcement of those regulations by the Department of Justice. Any violation of these provisions is punishable as a misdemeanor, as specified. This bill would establish a framework to authorize intrastate Internet gambling, as specified. The bill would require the department to issue a request for proposals to enter into contracts with up to 3 hub operators, as defined, to provide lawful Internet gambling games to registered players in California for a period of 20 years, as specified. The bill would provide that it would be a misdemeanor for any person to offer or play any gambling game provided over the Internet that is not authorized by the state pursuant to this bill. By creating a new crime, this bill would impose a state-mandated local program. The bill would require a hub operator to remit an agreed-upon percentage, but no less than 10%, of its gross revenues to the Treasurer on a monthly basis. The bill would also create the Internet Gambling Fund which would be administered by the Controller subject to annual appropriation by the Legislature, and which would not be subject to the formulas established by statute directing expenditures from the General Fund, for appropriation by the Legislature to state agencies , as specified. Existing law provides that a statute that imposes a requirement that a state agency submit a periodic report to the Legislature is inoperative on a date 4 years after the date the first report is due. This bill would require the commission, notwithstanding that requirement, in consultation with the department, Treasurer, and Franchise Tax Board, to issue a report to the Legislature describing the state's efforts to meet the policy goals articulated in this bill within one year of the effective date of this bill and, annually, thereafter. The bill would also require the Bureau of State Audits, 3 years after the commencement date of any hub operations contract with the state, but no later than 4 years after that date, to issue a report to the Legislature detailing the bureau's implementation of this bill, as specified. 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 declare that it is to take effect immediately as an urgency statute.