Existing law defines the felony offense for which a person has been released on bail or his or her own recognizance, or for which release on bail or his or her own recognizance has been revoked prior to final judgment, as a "primary offense," and defines an offense committed while so released as a "secondary offense." Under existing law, any person arrested for a secondary offense which was alleged to have been committed while that person was released from custody on a primary offense is subject to a penalty enhancement of an additional 2 years in state prison, as specified. This bill would include within the definition of "primary offense" a felony offense for which the person has been released from custody, other than on bail or on his or her own recognizance, prior to sentencing. By expanding the application of this enhancing allegation, this 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.
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Existing law establishes the Biennial Inspection of Terminals program to ensure the safe operation of certain vehicles by a motor carrier through the inspection of these vehicles at the motor carrier's terminal by the Department of the California Highway Patrol. Existing law requires a motor carrier to submit an application for a terminal inspection accompanied with a payment of a fee. Existing law provides a fee schedule for a terminal inspection application based on the number of vehicles in the terminal, with a terminal of a fleet size of "1" required to pay $270. This bill would provide that a motor carrier who owns, leases, or otherwise operates not more than one power unit and not more than 3 towed vehicles shall be considered to have a terminal fleet size of "1."
Existing law requires a person desiring to vote at a polling place to announce his or her name and address to a precinct board member and to write this information on the roster of voters. This bill would also require the person to present proof of his or her identity to a member of the precinct board before receiving a ballot. The bill would require the proof of identity to contain the person's name and photograph, to be either unexpired or expired after the last general election, and to be issued by the United States, the State of California, or a tribal government. The bill would permit a voter who is unable to present proof of identity to cast a provisional ballot and would require the voter to provide identification to the county registrar of voters within 5 business days of voting. The bill, by requiring county elections officials to perform new duties, 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 these statutory provisions.
Existing law provides for the licensure and regulation of various community care facilities by the State Department of Social Services. Existing law also provides for the licensure and regulation by the State Department of Alcohol and Drug Programs of alcoholism and drug abuse recovery and treatment facilities for adults. This bill would provide that a sober living home, as defined, is exempt from licensure under these provisions. The bill also would provide that a residence housing those purporting to be recovering from drug and alcohol abuse would be presumed to be a sober living home if it has been certified, registered, or approved by a recognized nonprofit organization that provides a credible quality assurance service for applicants or members.
The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments. Under existing law, a common interest development is managed by an association pursuant to the provisions of the governing documents of the development. Existing law imposes specified requirements with respect to elections for the board of directors of an association. Existing law provides that, upon a finding that specified election procedures, or the adoption of and adherence to certain rules, were not followed, a court may void any results of the election. This bill would provide that, if a court voids any results of an election for one or more board members under the above provisions, the court shall not invalidate a decision of the board that was reached after the board was seated pursuant to that election unless the court finds that the action of the board was contrary to law or the governing documents.
Existing law defines "low-speed vehicle" for purposes of the Vehicle Code as a motor vehicle, other than a motor truck, with 4 wheels that is capable of a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour on a paved level surface and that has a gross vehicle weight rating of less than 3,000 pounds. Existing law imposes certain restrictions on the use of low-speed vehicles on public streets and highways, and generally requires an operator of a low-speed vehicle to have a driver's license. A low-speed vehicle is also known as a neighborhood electric vehicle. A violation of the Vehicle Code is an infraction, unless otherwise specified. Existing law authorizes a city or county to establish a golf cart transportation plan subject to the review of the appropriate transportation planning agency and traffic law enforcement agency. Existing law provides that operating a golf cart other than on an authorized roadway is an infraction punishable by a fine not exceeding $100. Existing law authorizes, until January 1, 2012, the City of Lincoln and the City of Rocklin in the County of Placer to establish a neighborhood electric vehicle transportation plan and authorizes, until January 1, 2013, the County of Orange to establish a neighborhood electric vehicle transportation plan for the Ranch Plan Planned Community in that county. A person operating a neighborhood electric vehicle in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100. This bill would authorize the City of Palm Desert to establish a similar neighborhood electric vehicle plan, subject to the same penalties. The bill would require a report to the Legislature by January 1, 2013. Because the bill would create a new 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.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries incurred in the course of employment. Existing law requires the administrative director, after public hearings, to adopt and revise periodically an official medical fee schedule that establishes reasonable maximum fees paid for medical services other than physician services, drugs and pharmacy services, health care facility fees, home health care, and all other treatment, care, services, and specified goods. Existing law authorizes a health care provider or licensed health facility and a contracting agent, employer, or carrier to contract for reimbursement rates different from those in the fee schedule. Existing law authorizes the Workers' Compensation Appeals Board to determine and allow certain expenses, including certain reasonable expenses incurred by or on behalf of the injured employee for medical and hospital treatment, as liens against any award of compensation. This bill, commencing March 1, 2010, would prohibit a lien claim for expenses incurred by or on behalf of the injured employee for medical and hospital treatment from being filed more than one year from the date the health care provider, or the health care provider's agent, was sent an explanation of benefits or explanation of review paying a bill pursuant to the official medical fee schedule or a preferred provider organization (PPO) agreement. The bill would provide that this prohibition shall apply without regard to whether the injury occurs before, on, or after March 1, 2010.
Existing law provides that any reference to the Department of Corrections in the Penal Code or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations, and that the primary objective of adult incarceration is to promote public safety. This bill would make technical, nonsubstantive changes in that provision.
The Personal Income Tax Law authorizes various credits against the taxes imposed by that law. Existing law authorizes a credit against those taxes in an amount equal to the lesser of 5% of the purchase price of a qualified principal residence, as defined, purchased on and after March 1, 2009, and before March 1, 2010, or $10,000, allocated by the Franchise Tax Board on a first-come-first-served basis. Existing law requires a taxpayer to provide the Franchise Tax Board with a certification from the seller of the qualified principal residence that the residence has never been previously occupied within one week of the sale of the residence and caps the total amount of the credit at $100,000,000. This bill would allow the tax credit for purchases of a qualified principal residence made before the date that is 12 months after the effective date of this bill, subject to specified restrictions. This bill would revise the certification requirements to provide that the taxpayer receive the certification no later than one week after the close of escrow on the qualified principal residence and that the Franchise Tax Board be provided with the certification upon request by the board. This bill would also remove the cap on the total credit amount allowed and the requirement that the tax credits be allocated on a first-come-first-served basis. This bill would take effect immediately as a tax levy.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program, using federal Temporary Assistance to Needy Families (TANF) program, state, and county funds. Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits. This bill would require a recipient of CalWORKs aid to undergo drug testing on a random selection basis, as a condition of continued eligibility. The bill would specify those substances for which drug testing would be conducted. The bill would require a recipient who fails a random drug test to successfully complete a one-year drug treatment program, as specified. The bill would discontinue the individual's aid under the CalWORKs program upon failure of the individual to successfully complete the required drug treatment program. The bill would require the department to seek federal approvals necessary for the implementation of this bill. Because counties administer the CalWORKs program, by increasing county duties, this 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 these statutory provisions.