Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified. Other provisions of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe. This bill would provide that commencing 18 months following the Attorney General's reporting that owner-authorized handguns are available for retail sale, as specified, a handgun would be unsafe if it was not owner-authorized, as defined, and would provide an exception to these provisions for the sale, loan, or transfer of handguns manufactured in or imported into this state prior to that date, as specified. The bill would specify requirements that owner-authorized handguns would be required to meet in order for the Attorney General to determine that owner-authorized handguns are available for retail sale, and in order to comply with certain safety standards, as specified. The bill would require the Attorney General, commencing July 1, 2010, and every July 1 thereafter through 2015, to report to the Governor and the Legislature regarding the progress made on the availability for retail sale of owner-authorized handguns, as specified. By expanding the application of provisions of law that define a criminal offense, this bill would impose a state-mandated local program. The bill would also provide that, commencing 18 months following the Attorney General's reporting that owner-authorized handguns are available for retail sale, as specified, any person who intentionally disables or circumvents the technology of an owner-authorized handgun is guilty of a misdemeanor. By creating a new crime, 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.
(1) Existing provisions of the California Constitution provide that, whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state is required to provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service, except as specified. Existing statutory provisions establish procedures for local government entities to apply for, and receive, reimbursements for expenses that are within the scope of the constitutional requirement for reimbursement. This bill would express findings and declarations of the Legislature relating to the operation of the statutory procedures for reimbursement of these mandates with respect to school districts. The bill would express the intent of the Legislature to enact legislation to repeal or amend statutory provisions that impose reimbursable state mandates on school districts, contingent on an evaluation of each mandate based on prescribed factors. (2) Existing law expresses the intent of the Legislature that school district governing boards establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to all of the following: (A) the progress of pupils toward expected pupil achievement at their respective grade levels; (B) the progress of pupils toward state-adopted academic content standards as measured by state-adopted criterion referenced assessments; (C) the instructional techniques and strategies used by the employee; (D) the employee's adherence to curricular objectives; and (E) the establishment and maintenance of a suitable learning environment, within the scope of the employee's responsibilities. This bill would instead make the school district's evaluation and assessment of certificated employee performance as it relates to the categories listed in (B) , (C) , and (D) above optional rather than mandatory. (3) Existing law requires school districts to perform the evaluation and assessment of the performance of each certificated employee on a continuing basis in accordance with a prescribed schedule. Under existing law, if any permanent certificated employee has received an unsatisfactory evaluation, the employing authority is required to annually evaluate the employee until the employee achieves a positive evaluation or is separated from the school district. This bill would instead make the annual evaluation of a permanent certificated employee who has received an unsatisfactory evaluation optional rather than mandatory. (4) Existing law requires school districts to notify a pupil's parent or guardian, by first-class mail or other reasonable means, that the pupil is truant and to communicate additional information relating to truancy, as prescribed. This bill would instead make this notification optional, but would encourage school districts to make the notification if the district determines that the notification achieves the goal of preventing truancy. (5) Existing law requires, the 3rd time that a truancy report is required about a pupil in the same school year, that pupil is to be classified as a habitual truant, and the 4th time that a truancy report is required about a pupil in the same school year, that pupil is to be within the jurisdiction of the juvenile court, which may adjudge the pupil to be a ward of the court. This bill would make the classification of a pupil who has been the subject of a 3rd truancy report in the same school year, and the placement of a pupil who has been the subject of a 4th truancy report in the same school year within the jurisdiction of the juvenile court, optional rather than mandatory. (6) Existing law requires, commencing with the Budget Act for the 2006–07 fiscal year and concluding with the Budget Act for the 2020–21 fiscal year, the total amount due to each city, county, city and county, and special district, for which the state has determined that reimbursement is required pursuant to the constitutional requirement referenced in (1) above to be paid to those entities over a period of not more than 15 years. This bill, commencing with the Budget Act for the 2010–11 fiscal year, would require that the total amount that is due to school districts for which the state has determined that reimbursement is required pursuant to the constitutional requirement referenced in (1) above to be paid to those entities over a period of not more than an unspecified number of fiscal years.
Existing law provides that a provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person's spouse is not effective as to the nonconsenting spouse's interest in the property and does not affect the nonconsenting spouse's disposition on death of the spouse's interest in the community property. This bill would make nonsubstantive, technical changes to these provisions.
The Personal Income Tax Law and the Corporation Tax Law provide that gain or loss upon the disposition of a capital asset is determined by reference to the adjusted basis of that asset. This bill would, for taxable years beginning on or after January 1, 2009, allow a taxpayer to elect to pay a tax on the sale or disposition of any capital asset, as defined, that results in a net capital gain, as defined, in an amount equal to 2% of the total net capital gain, as provided. This bill would take effect immediately as a tax levy.
Under existing law the Department of Veterans Affairs has specified powers and duties relating to military veterans, and the Secretary of Veterans Affairs is in charge of the department. This bill would make technical, nonsubstantive, changes and correct an obsolete reference.
Existing law establishes various programs for the prevention of disease and the promotion of health administered by the State Department of Public Health, including, but not limited to, provisions requiring the department to establish the standards of competence applicable to the performance of nuclear medicine technology by various health professionals, to regulate the process by which these persons establish their competence, and to assess related fees. This bill would make a technical, nonsubstantive change.
Existing law, the Digital Infrastructure and Video Competition Act of 2006, establishes a procedure for the issuance of state franchises by the Public Utilities Commission for the provision of video service, defined to include cable service and open-video systems. Under that act, a person or corporation that seeks to provide video service in this state is required to file an application with the commission for a state franchise with specified information, signed under penalty of perjury. This bill would make a technical, nonsubstantive change to a provision of that act.
Existing law makes it unlawful to, among other things, remove a shopping cart or laundry cart with a specified sign from the premises or parking area of a retail establishment and to abandon those carts at a location other than the premises or parking area of the retail establishment, with the intent to deprive the owner or retailer possession of the cart. Under existing law, in civil proceedings, carts affixed with a specified sign establish a rebuttable presumption affecting the burden of producing evidence that the cart belongs to the person or business named in the specified sign. This bill would state that carts affixed with a specified electronic tag also establish a rebuttable presumption.
The Military and Veterans Code is a consolidation of all of the laws relating to the Armed Forces and militia of the state, and relating to military and veterans' affairs, aid and welfare, institutions, and buildings. This bill would state the intent of the Legislature to enact legislation that would revise and modernize various provisions of the Military and Veterans Code.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes certain public utilities to condemn property, as prescribed, but prohibits specified public utilities that offer competitive services from condemning any property for the purpose of competing with another entity in the offering of those competitive services, unless the commission finds, pursuant to a petition or complaint filed by the public utility, in accordance with specified provisions that such an action would serve the public interest. This bill would provide that specified notice requirements do not apply to a condemnation eminent domain action brought by a public utility consistent with these provisions.
Existing law requires the Secretary of the Natural Resources Agency to establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000. Existing law specifies the information that is required to be included in the registry, and limits the information that the secretary is required to post on the Internet. This bill would make technical, nonsubstantive changes to those provisions.
Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $9,805,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for submission of the bond act to the voters at an unspecified statewide general election. This bill would declare that it is to take effect immediately as an urgency statute.
