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HomeMy WebLinkAbout06/22/62League of California Cities Member 4?merican Municipal rfssociation "Western Csty" Official Publication _ Berkeley 5, California June 22,, 1962 HOTEL CLARE;MONT BERKELEY 5 THORNWALL 3-3083 440 STATLER CENTER --LOS ANGELES 17 MADISON 4-4934 To: City Attorneys, City Clerks and City Managers Subject Digest of 1962 Budget and First and Second Extraordinary Sessions Attached is a digest of bills enacted by the Legislature and approved by Governor Brown for the 1962 Budget and Special Sessions. Unless otherwise specified, Budget Session bills become effective July 3, 1962 and Special Session measures July 13, 1962. You are respectfully requested to bring these bills to the attention of in- terested city officials.. Copies of bills may be obtained from the Legislative Bill Room, State Capitol, Sacramento. The digests of bills of interest to cities are taken from the official Digest of Legislation prepared by Legislative Counsel A. C. Morrison. Any official interested in obtaining a copy of the complete digest of all bills introduced during the 1962 Sessions may obtain one by writing to the Legislative Bill Room. We have included only those approved measures of direct or indirect interest to all cities. Richard Carpenter Executive Director and General Counsel P.S. To: City Attorneys of charter cities In our letter to you of June 18 relative to submitting charter amendments to the Special Session which will be convened on June 26, we indicated that the Legis- lative Counsel previously had ruled that the Legislature could not consider charter amendments without an item being included in the Governor's Proclamation calling the Special Session and that the Attorney General now had ruled that charter amend- ments could be considered although not included in the Proclamation. Actually, the latter ruling was by the Legislative Counsel, reversing his former opinion, and not by the Attorney 'General. The conclusion is the same. Charter amendments may be sub witted at the Special Session on June 26 for legislative approval. R.C. RC:be BUDGET SESSION Chapter No. 1 MOTOR VEHICLE REGISTRATION AND LICENSE FEE PENALTIES - REDUCTION. Amends Sec. 95514;"Veh.C., Sec. 10770, R.&T.C.,"re motor vehicle registration and license fees. Provides for reduction in penalty for delinquent payment of registration fee for station wagon, electric passenger vehicle, or vehicle previously registered out of state, and for reduction in penalty for delinquent payment of motor vehicle license fee for trailer coach, to 10 per cent of fee but not less than $1, if fee is paid within 30 days of date penalty becomes due. In effect immediately. (April 6, 1962) 3 SALES TAX -'TRANSPORTATION CHARGES. Amends Secs. 6011, 6012, adds Sec. 6012,5, R'.&T.C., re sales and use taxes. Excludes from definitions of terms "sales price" and "gross receipts", for purposes of Sales and Use Tax Law, separately stated charges for transportation of property from retailer's place of business or other point from which shipment is made directly to purchaser, which do not exceed a reasonable charge for transportation by facilities of retailer or cost to retailer of transportation by other than facilities of retailer, rather than transportation charges separately stated if transportation occurs after purchase or sale of property Provides, however, that if transportation is by facilities of retailer, or property is sold for delivered price, exclusion shall be applicable solely with respect to transportation which occurs after purchase or sale. Provides that nothing in provisions defining "sales price" and "gross receipts" shall affect exemption afforded to sales of tangible, property to common'carrier under designated' circumstances States that it is not the intent. of Legislature to affect application of sales or use tax to any charges other than those for final transportation of property to purchaser. Makes other technical changes. 7 SALES TAX - EXEMPTION - MEDICINES. Amends Sec. 6369, R.&T.C., re exemp- tions from sales and use taxes. Under specified conditions, extends ex- emption relating to medicines prescribed for treatment of human beings to medicines supplied to own patients by a physician, surgeon or podiatrist, and to medicines prescribed for or administered to patients in hospitals. Declares that amendment is a mere clarification of original intention of Legislature rather than a substantive change. In effect immediately. (April 19, :1962) FIRE EXTINGUISHERS'- LICENSE FEE. Amends Sec. 13164 H.&S.C:, re fire ex- tinguishers: Reduces from $35 to $1 license fee for license for retail sales of fire extinguishers and similar devices. 9 PEACE OFFICER' TRAINING -PENALTY ASSESSMENT. Amends Sec. 13521, Pen C., re penalty assessments for peace officer training. Specifies that all Vehicle Code offenses, not only Vehicle Code offenses relating to stopping, standing, parking, or operation of vehicle, are exempt from penalty assessments the proceeds of which support peace officer training; Res.70 IDENTIFICATION'OF CITIES FROM AIR - Requests California cities with popu- lation of less than 100,000' to co-operate in'providing some method by which they can'be,identified by air by„ private noncommercial, pilots,.. a FIRST EXTRAORDINARY SESSION Chapter No. 15. VALIDATING ACT - New act, Second Validating Pct of 1962. Validates organization, boundaries, acts, proceedings, and bonds of counties, cities, and specified districts, agencies and entities. 16 VALIDATING ACT.- New act, First Validating Act of 1962. Validates organization, boundaries, acts, proceedings, and bonds of counties, cities and specified districts, agencies, and entities. In effect immediately. (April 11, 1962) 27 RESTAURANTS - POT LUCK DINNERS. Amends Secs. 28522, 28693, H.&S.C., re. restaurants. Exempts from California Restaurant Act, churches, church societies, private clubs and other non-profit associations of a religious, philanthropic civic improvement, social, political or educational nature, which purchase or receive donations .of food for service. without charge to members,.or for service or sale at a reasonable charge to members or general public at occasional fund- raising events, for consumption on or off serving or. selling premises, if service or sale of such food, does not constitute a primary purpose or function.of club or association, and if,no,employee or member is assigned full time to care for or.operate equipment used. Provides that provisions of California Restaurant Act shall not.pre- vent any city, county, or city and county from adopting stricter stan- dards of health and hygiene for, or requiring a permit. for,. maintenance and conduct of, other food or beverage servingenterprises or estab- lishments, in addition to restaurants, itinerant restaurants, vehicles, and vending machines. UNIVERSITY POLICE - JURISDICTION. Amends Sec. 23501, Ed.C., re Uni- versity of California police department. Extends jurisdiction of members of University of California Police. Department as peace of- ficers to include all properties owned, controlled, or administered by regents, as well as university campuses and grounds or property of University. 39 ' STATE BUILDING STANDARDS COMMISSION - Amends and adds various sections, H.&S.C. (18900, etc.) re State Building Standards Commission. Transfers Commission from Department of Public Works to Department of Finance. Increases membership of commission from 7 to 11 members and provides that chairman shall be Director of Finance rather than Director of Public Works. Permits appointment by Governor of advisory members from state agencies administering and enforcing building regulations: Gives commission authority to review and rewrite duplicating, conflicting or. overlapping building regulations of state agencies and to adopt buil- ding regulations where state agencies fail to do so on request. Modi- fies provisions relating to approval or disapproval of building regu- lations by commission. Makes other related changes. 43 PRISONERS - FIRE FIGHTING. Amends Sec. 4017, Pen.C., re work by prisoners in county correctional institutions. Provides that persons confined in county jails, industrial farms, and road camps under judg- ment of imprisonment or as condition of probation may be required by board of supervisors to engage in preventionand suppression of forest., brush, and grass fires upon lands wihin.county or in adjacent county where suppression of fires in latter county would afford fire protec- tion within ebunty—Provides for workmen's compensation coverage of -2- persons engaged in such work;. requires supervision by public employee in fire prevention, or suppression work; and limits number of prisoners such employee shall supervise. 47 DAVIS-GRUNSKY ACT - New act, re Davis-Grunsky Act grant to Monterey County Flood Control and Water Conservation District. Authorizes grant of $3,820,000 to Monterey County Flood Control and Water Con- servation District for recreation features of San Antonio project on San Antonio River in Monterey County, on condition that district demonstrates nature and extent of statewide interest in project, pub- lic necessity for project, urgency of need, engineering feasibility economic justification, and financial feasibility of project. 58 DRAW POKER - Adds Sec. 337s, Pen.C., re draw poker. Prohibits draw poker in counties with population exceeding 4,000,000, with prohibition to become operative in any such county when board of supervisors sub- mits question to electorate of county and electorate votes in favor of prohibition, whereupon draw poker is prohibited in both incorporated and unincorporated territory in county. Provides that local ordinances in county prohibiting, restricting, or regulating draw poker are not superseded until prohibition in this section becomes operative in county COMPENSATION OF STATE LEGISLATORS - Amends 1st para., subd. (b), Sec. 2, Art. IV, Cal. Const., relating to compensation of Members of the Legis- lature. Changes monthly salary of Members of the Legislature from $500 to an unspecified sum to be fixed by law and not to exceed $834 per month. COMPENSATION OF STATE LEGISLATORS - Amends 1st para., Subd. (b) of Sec. 2, Art. IV, Const., re salaries of Members of Legislature. Elim- inates provision fixing compensation of each Member of Legislature at $500 for each month of term for which elected, and specifies that sal- aries of Members shall not exceed an amount established by law, and in any event shall not exceed an annual amount equal to one-half of annual salary of Member of Congress in effect on January 1, 1962, Specifies that salary shall be payable monthly during term of mem- ber and that amount of change in compensation shall not be considered in computing benefits under Legislators' Retirement System with re- spect to service, and that benefits shall be neither increased or de- creased on basis of change in compensation. Makes provision effective January 1, 1963. Res.26 Res.36 SECOND EXTRAORDINARY SESSION STATE BUDGET ACT - Budget Act of 1962,. providing for support of state government for 1962-63 fiscal year,. In effect immediately, (April 23, 1962). -3- ••ira