The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including motion picture credits for taxable years beginning on or after January 1, 2016, to be allocated by the California Film Commission on or after July 1, 2015, and before July 1, 2020. Existing law limits the aggregate amount of these credits allocated in each fiscal year to $330 million and, subject to a computation and ranking of applicants based on a jobs ratio, requires the California Film Commission to allocate credit amounts for, among others, a specified category of qualified motion pictures in an amount equal to 20% of qualified expenditures for the production of that motion picture in California. Existing law allows additional credits for such a qualified motion picture for, among other things, 5% of the qualified expenditures related to music scoring and music track recording by musicians attributable to the production of the qualified motion picture in California. This bill would instead authorize that additional 5% for qualified expenditures relating to "qualified music preparation, music scoring, music track recording, and music editing," but would limit the scope of that term to the described activities for which a specified amount of the total expenditures is paid or incurred in California. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
(Ayes 77. Noes 0. Page 2317.)
The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan or individualized family service plan, developed in accordance with prescribed requirements. This bill would require the State Department of Developmental Services and the California Department of Aging, in consultation with certain stakeholders, to develop best practices for providing culturally competent services and supports to aging consumers with developmental and intellectual disabilities, as specified. The bill would require the State Department of Developmental Services to conduct a 2-year pilot program that implements those best practices in 3 regional centers that reflect the geographic diversity of California and, after the conclusion of the pilot program, by January 1, 2020, submit a report, as specified, evaluating the pilot program to the Legislature. These provisions would be repealed January 1, 2021.
Existing law establishes the Early Commitment to College program. Participation by pupils, school districts, colleges, and universities in the program is voluntary. A pupil scheduled to graduate from high school after 2017 is not allowed to participate. The Superintendent of Public Instruction is required, among other program duties, to designate the 30% of public schools that maintain any of grades 6 to 9, inclusive, with the highest proportion of low-income pupils, as defined, as College Opportunity Zones. A school that is designated as a College Opportunity Zone in a participating school district by the Superintendent is required to give all pupils enrolled in grades 6 to 9, inclusive, and their parents or guardians, the opportunity to sign a "Save Me a Spot in College" pledge developed by the Superintendent. Schools not designated as a College Opportunity Zone in a participating school district are required to give pupils who are eligible for free and reduced-price meals and are enrolled in grades 6 to 9, inclusive, and their parents or guardians, the opportunity to sign a "Save Me a Spot in College" pledge. Participating school districts are required to provide college information and college preparation events inclusive of pupils who sign the pledge. The program provides that a pupil who signs a pledge declares a commitment to prepare for college, finish high school, and enroll in college and commits, among other things, to meet all graduation requirements, take college preparatory coursework, complete and file a free application for federal student aid, and submit his or her grade point average to the Student Aid Commission by March 2 of his or her senior year. The program further provides that a pupil who signs the pledge and is certified by his or her school district as having fulfilled the requirements of the pledge receives, upon enrollment at a community college, a fee waiver under the fee waiver program of the Board of Governors of the California Community Colleges for 2 or more years of enrollment at a California community college. Existing law requires the Superintendent to submit a report on the status of the program, including a recommendation to the Legislature on whether the program should be continued, on or before November 1, 2017. Existing law repeals the provisions establishing the program on January 1, 2019. This bill would require the Superintendent to include additional specified information in its report to the Legislature relating to the program. The bill would require the Superintendent, on or before January 31, 2016, to inform certain policy committees of the Legislature of its plans for complying with these reporting requirements.
The California Airport District Act provides for creation of airport districts having responsibility for the development of airports, spaceports, and air navigation facilities within or including the territories of one or more counties or cities. This bill would authorize the City of Ontario to issue revenue bonds, for the purpose of financing the acquisition of the Ontario International Airport from the City of Los Angeles, that are secured solely by the revenues and charges at the Ontario International Airport. The bill would require a public agency that acquires the Ontario International Airport to comply with specified conditions relating to incumbent workers, except as provided.
The Joint Exercise of Powers Act generally authorizes 2 or more public agencies, by agreement, to jointly exercise any power common to them under specified conditions. This bill would specifically authorize the University of California and either the City of Richmond, or an enhanced infrastructure financing district created by the City or Richmond, or both, to enter into a joint powers agreement for the purpose of financing infrastructure and other improvements within the area of the South Shoreline Specific Plan and the Berkeley Global Campus at Richmond Bay, located within the City of Richmond, if the University of California and the City of Richmond have entered into a specified agreement. Existing law authorizes the legislative body of a city or county to establish an enhanced infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, upon approval by 55% of the voters and to finance public capital facilities or other specified projects of communitywide significance. Existing law requires a district to create an infrastructure financing plan and requires that plan to include the date on which the district will cease to exist and all tax allocation to the district will end. Existing law limits this date to 45 years from the date on which the issuance of bonds is approved by the voters of the district, or the issuance of a loan is approved by the governing board of a local agency. This bill would extend that date to 55 years for a district created by the City of Richmond and any other consenting taxing agencies if the University of California and the City of Richmond or a district created by the City of Richmond, or both, enter into a joint powers agreement as described in this bill. The bill would provide that upon the creation of an authority pursuant to these provisions, the area of the South Shoreline Specific Plan and the Berkeley Global Campus at Richmond Bay are deemed disadvantaged communities for purposes of the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act. The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank within GO-Biz to, among other things, assist in the promotion of economic development throughout the state. This bill would require any loan made by the bank to the City of Richmond or an authority created pursuant to these provisions, to carry a 0% interest rate. This bill would make legislative findings and declarations as to the necessity of a special statute for the development of the Berkeley Global Campus at Richmond Bay.
Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing, and the program is required to provide genetic screening and followup services for persons who have the screening. The program includes statewide screening of newborn children through the collection of blood samples, unless the parent or guardian objects on the grounds of religious beliefs or practices. This bill would require the department to provide information about the testing program, and to obtain a form signed by the parent or guardian acknowledging receiving information regarding the storage, retention, and use of the newborn child's blood sample for medical research. The bill would authorize a parent or guardian of a minor child, and the newborn child, once he or she is at least 18 years of age, to request that the department destroy the blood sample, not use it for research purposes, or both, and the bill would require the department to comply with the request. The bill would require the department, if the individual making a request to destroy the blood sample or to not use it for research purposes provides his or her e-mail address, to send an e-mail to the individual acknowledging that the department received the request. The bill would also require the department to prepare and provide informational materials regarding the same information about the newborn child's blood sample collected pursuant to the program, information on storage, retention, and use of the blood sample for medical research, and the right of specified persons to request that the blood sample be destroyed or not used for research purposes in a separate, single-page format. The bill would also require the department to prepare and provide a standard informational acceptance form, that includes, among other things, a brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples. The bill would require the informational acceptance form to be provided to, and signed by, the parent or guardian when either version of the informational materials is provided. The bill would require specified persons to distribute the informational material and the informational acceptance form, including requiring the local registrar of births to provide a copy of the informational material and a copy of the standard informational acceptance form to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility, as specified. The bill would also require the local registrar to notify the local health officer and the department of each of these registrations by the local registrar. By imposing additional duties on local registrars of births, 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.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products to minors. Existing law permits enforcing agencies to assess various civil penalties for violations of the STAKE Act. Existing law makes it a crime to furnish tobacco products to minors. Existing law also prohibits a person from selling or otherwise furnishing an electronic cigarette to minors, and makes a violation punishable as an infraction. This bill would define the term "smoking" for purposes of the STAKE Act. The bill would also change the STAKE Act's definition of tobacco products to include electronic devices, such as electronic cigarettes, that deliver nicotine or other vaporized liquids, and make furnishing such a tobacco product to a minor a misdemeanor. Existing law, the Cigarette and Tobacco Products Tax Law, imposes a tax on the distribution of cigarettes and tobacco products at specified rates, and defines tobacco products for those purposes. Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires the State Board of Equalization to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products, as defined. Under existing law, a violation of this act is a misdemeanor. Existing law requires a retailer to have in place and maintain a license to engage in the sale of cigarettes or tobacco products, as defined, and prescribes procedures for the issuance of and grounds for revocation or suspension of a license. Existing law requires a retailer who seeks to obtain a license to engage in the sale of cigarettes and tobacco products to pay a one-time license fee of $100, as specified. Existing law authorizes the State Board of Equalization or a law enforcement agency that discovers that a retailer or other person possesses, stores, owns, or has made a retail sale of tobacco products on which a tax is due but has not been paid to seize those products, and deems those products forfeited, as specified. This bill would include in the definition of tobacco products for the purposes of those provisions relating to licenses for retailers the STAKE Act's new definition of tobacco products. This bill would require a retailer that seeks to sell a tobacco product that is not subject to imposition of a tax under the Cigarette and Tobacco Products Tax Law to pay a one-time license fee to engage in the sale of that product, as specified. The bill would except the STAKE Act's new definition of tobacco products from the provision authorizing seizure of tobacco products described above. The bill would make these provisions operative on October 1, 2016. Existing law makes it a crime for a person or entity to engage in the business of selling cigarettes or tobacco products without a valid license or after a license has been suspended or revoked, as specified. Existing law also makes it a crime for a person to continue selling or gifting cigarettes or tobacco products without a valid license or after a notification of suspension or revocation, as specified. This bill would include in the definition of tobacco products for the purposes of those provisions the STAKE Act's new definition of tobacco products. The bill would make that provision operative on October 1, 2016. Existing law prohibits the smoking of cigarettes and other tobacco products in a variety of specified areas. Under existing law, a violation of some of these prohibitions is punishable as an infraction. This bill would change the location restrictions for smoking cigarettes and other tobacco products to reflect the STAKE Act's definitions of smoking and tobacco products. The bill would make the use of electronic cigarettes in some of these restricted locations a violation punishable as an infraction. Existing law prohibits the smoking of medical marijuana in any place where smoking is prohibited by law. This bill would declare that its provisions do not affect any law or regulation regarding medical marijuana. By expanding the scope of a crime, the 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.
Existing law provides that certain peace officers, firefighters, and other specified state and local public employees are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment. The leave of absence is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers' compensation system. This bill would extend this leave of absence entitlement to lifeguards employed year round on a regular, full-time basis by the City of Imperial Beach. This bill would make legislative findings and declarations as to the necessity of a special statute for these employees of the City of Imperial Beach.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, establishes various requirements for distributors and retailers relating to tobacco sales to minors. Existing law prohibits the furnishing of tobacco products to, and the purchase of tobacco products by, a person under 18 years of age. Under existing law, a person is prohibited from making various promotional or advertising offers of smokeless tobacco products without taking actions to ensure that the product is not available to persons under 18 years of age. Existing law also requires the State Department of Public Health to conduct random, onsite sting inspections of tobacco product retailers with the assistance of persons under 18 years of age. This bill would extend the applicability of those provisions to persons under 21 years of age. The bill would authorize the State Department of Public Health to conduct random, onsite string inspections of tobacco product retailers with the assistance of persons under 21 years of age. The bill would also provide that the STAKE Act does not invalidate existing local government ordinances or prohibit the adoption of local government ordinances requiring a more restrictive legal age to purchase or possess tobacco products. By expanding the scope of existing crimes, the 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.
Existing law creates the Department of Child Support Services and provides for the interception of funds from state tax refunds, lottery winnings, unemployment compensation benefits, and benefits under the Public Employees' Retirement System that otherwise would be paid to a person owing past due child support. Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the department's powers and duties. This bill would, beginning July 1, 2016, create the Insurance Payment Intercept Program within the Department of Insurance. The bill would require the Department of Child Support Services to facilitate a data match system using automated data exchanges through which an insurer or self-insurer would be required to report, prior to the payment of a claim, the name, address, and, if known, date of birth and social security number or other taxpayer identification number for each claimant to match a claimant who owes past due support, as specified. This bill would require the commissioner, if he or she has good cause to believe that an insurer or self-insurer has not complied with the bill's requirements, to give written notice of the alleged noncompliance specifying a reasonable time, not less than 30 days, during which the insurer or self-insurer is required to correct the noncompliance. The bill would require the commissioner to impose a fine, not to exceed $1,000, for each violation if an insurer or self-insurer fails to correct the noncompliance within the specified timeframe, and to issue an order requiring the violator to comply with that requirement. The bill would authorize an insurer or self-insurer who disagrees with the commissioner's determination of noncompliance to request an administrative hearing within 30 days of receipt of the notice of noncompliance. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law generally regulates various business activities and practices, including the sale within the state of cribs and bunk beds intended for use by children. This bill would make specified findings and would declare the intent of the Legislature to subsequently amend this bill to enact legislation to protect children from the preventable strangulation hazard posed by cords on window coverings by adopting standards that provide for safer window coverings in California.
