Asm. Sandré Swanson

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the procedures for incorporations and changes of organizations of cities, including procedures for disincorporation. This bill would provide that every city with a population of less than 150 people as of January 1, 2010, would be disincorporated into that city's respective county as of 91 days after the effective date of the bill, unless a county board of supervisors determines, by majority vote within the 90-day period following enactment of these provisions, that continuing such a city within that county's boundaries would serve a public purpose if the board of supervisors determines that the city is in an isolated rural location that makes it impractical for the residents of the community to organize in another form of local governance. The bill would also require the local agency formation commission within the county to oversee the terms and conditions of the disincorporation of the city, as specified. The bill would become operative only if AB 781 of the 2011–12 Regular Session is enacted.

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit for taxable years beginning on or after January 1, 2009, in the amount of $3,000 for each full-time employee hired by a qualified employer, until a cut off date in which a maximum cumulative credit of $400,000,000 has been reached for all taxable years. Those laws define "qualified employer" as a taxpayer that employed 20 or fewer employees as of the last day of the preceding taxable year. This bill, under both laws, for taxable years beginning on or after January 1, 2011, would expand the definition of "qualified employer" to mean a taxpayer that employed 50 or fewer employees as of the last day of the preceding taxable year. 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.

This measure would proclaim May 2011 as Buy California Small Business First Month.

This measure would proclaim July 27, 2011, as Korean War Veterans Armistice Day. It would urge Californians to remember the Korean War and those who fought against communism. It would also urge Governor Jerry Brown to proclaim July 27, 2011, as Korean War Armistice Day and instruct all state departments, agencies, interested groups, organizations, and individuals to fly the United States flag at half-mast on July 27, 2011, in memory of the veterans who died as a result of their service in Korea.

This measure would urge Congress to extend the alternative minimum tax holiday for private activity bonds.

The State Civil Service Act requires that eligible lists for state civil service positions be established as a result of free competitive examinations open to persons who lawfully may be appointed and who meet the minimum qualifications. The act requires the State Personnel Board or a designated appointing power to advertise examinations for the establishment of eligible lists within a reasonable time before the scheduled date of the exam. This bill would require that the announcement of an examination be publicly displayed on the Internet Web site maintained by the board. The bill would also require that, whenever a vacancy in any position is to be filled, the appointing agency advertise or announce the vacancy on the Internet Web site maintained by the board for a reasonable period of time. Existing law requires that names of employees to be laid off or demoted be placed upon the reemployment list for the subdivision, if a subdivision was designated, upon the departmental reemployment list, and upon the general reemployment list, for the class from which the employees were laid off or demoted. Existing law also authorizes the Department of Personnel Administration to place these names upon the general reemployment list for any other appropriate classes as the department determines. This bill would additionally require the names of laid off employees to be placed on general reemployment lists in comparable statewide classifications whenever layoffs affect employees in a classification specific to one department or in a classification with a parenthetical class code used in limited departments. The bill would require the removal of any name, after a period of 5 consecutive years, from the reemployment lists for the class unless the period is extended by action of the department.

Under existing law, a person may not be registered to vote except by affidavit of registration. Existing law provides for an affidavit of registration to be included on a multipart card, to be known as a voter registration card. Existing law also expresses the Legislature's intent to promote and encourage voter registration. This bill would state the Legislature's intent to permit, and would permit, county elections officials to provide affidavit of registration forms and voter registration cards online, as specified, provided the form is posted online on or before January 1, 2012, and that the affidavit meets specified requirements. The bill would require the Secretary of State, in consultation with county elections officials, to make available online an affidavit of registration, as specified.

Existing law sets forth various personal rights and provides that all persons within California have the right to be free from violence, or intimidation by the threat of violence, because of, among other characteristics, their race, color, religion, ancestry, national origin, political affiliation, or sex. Existing law further permits an individual whose exercise or enjoyment of specified personal rights has been interfered with to bring a civil action for damages, including actual damages, exemplary damages, attorney's fees, injunctive relief, and other appropriate relief. Existing law requires the Department of Fair Employment and Housing to receive, investigate, and conciliate complaints that an individual's personal rights have been violated. This bill would specify that homeless persons, as defined, are entitled to the personal rights set forth under existing law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. The bill would also provide that these provisions shall not be construed to enlarge or diminish an existing duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence. The bill would provide that these provisions are not to be construed to prohibit or restrict a public agency from the lawful enforcement of any law, and a public agency would not be subject to civil liability for that lawful enforcement.