(1) Existing law provides a procedure by which a sister state personal representative of a nondomiciliary decedent may, without petitioning for an ancillary probate administration, use an affidavit procedure to collect personal property of the decedent, provided that the value of the estate is under $100,000, except as specified. This bill would create a procedure by which a sister state personal representative of a nondomiciliary decedent is permitted to use an affidavit procedure to collect personal property of a decedent when the gross value of the estate is in excess of $100,000, the decedent did not own real property in California at the time of death, and the sister state personal representative satisfies certain notice requirements. The bill would specify the form of the affidavit or declaration, to be made under penalty of perjury. By changing the definition of the crime of perjury, this bill would impose a state-mandated local program. The bill would require that the sister state personal representative provide relevant evidence of ownership. The bill would require that reasonable proof of the identity of the sister state personal representative executing the affidavit or declaration be provided to the holder of the decedent's property, as specified. The bill would provide, upon satisfying the requirements of the procedure, that the sister state personal representative may compel the holder of the property at issue to deliver it, and would provide for an award of attorney's fees in an action to enforce this right if the court finds that the person holding the property acted unreasonably. The bill would provide that a property holder who surrenders property pursuant to this process is released from liability, as specified. The bill would prohibit the use of this procedure if an administration of the decedent's estate is pending, and would provide that the payment or delivery of property pursuant to its provisions would not preclude later proceedings. The bill would specify how property is to be restored to the decedent's estate if proceedings are later commenced. The bill would specify that its provisions do not apply to transfer of real property. The bill would permit a public administrator who has possession of a decedent's property to refuse to deliver it if payment of specified costs and fees has not first been made. The bill would provide that a public administrator who receives an affidavit as prescribed by these provisions does not have any obligation to administer the decedent's estate or to petition for the administration of the estate. (2) 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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(1) Existing law requires that a child be admitted to kindergarten at the beginning of a school year, or at any time later in the same year if the child will have his or her 5th birthday on or before December 2 of that school year. An elementary school is required to admit a child to the first grade during the first month of a school year if the child will have his or her 6th birthday on or before December 2 of that school year. This bill would change the required birthday for admission to kindergarten to September 1 commencing with the 2012–13 school year, and for admission to first grade to September 1 commencing with the 2013–14 school year. The bill, commencing with the 2012–13 school year, would authorize a child who will have his or her 5th birthday between September 1 and December 2 to be admitted to a transitional kindergarten program, as defined, that is maintained by the school district and would require the Superintendent of Public Instruction to allocate to a school district that maintains a transitional kindergarten program an amount equal to the revenue limit amount that the district would have received for the attendance of these pupils if they would have been eligible to attend kindergarten that year pursuant to the law governing admission to kindergarten as it read on January 1, 2012. To the extent those changes establish new administrative duties on the governing boards of school districts in implementing the changes, they would impose a state-mandated local program. (2) 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.
This measure would memorialize the Legislature's support of legislation currently pending in the United States Congress that would protect the Pacific Coast from new offshore oil drilling. This measure would also memorialize the Legislature's opposition to the proposed expansion of oil and gas drilling off the Pacific Coast and any federal energy policies and legislation that would weaken California's role in energy siting decisions due to those policies.
The Charter Schools Act of 1992 authorizes any one or more persons to submit a petition to the governing board of a school district to establish a charter school that operates independently from the existing school district structure as a method of accomplishing specified goals. The act limits the maximum number of charter schools authorized to operate in the 1998–99 school year to 250, and authorizes an additional 100 charter schools to operate in each year thereafter. This bill would limit, until January 1, 2017, the maximum total number of charter schools authorized to operate in the state to 1,450. The bill would prohibit charter schools operated by a private entity from employing relatives of charter school personnel, as specified. The Charter Schools Act of 1992 specifies the procedures for the submission, review, and approval or denial of a petition to establish a standard or countywide charter school. The act authorizes the governing board of a school district or a county board of education to deny a charter petition if the board makes written factual findings that demonstrate that the petition does not meet certain criteria. This bill would add an additional criterion relating to the disclosure of relatives of charter school personnel, as specified.
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests in a corporation, partnership, limited liability company, or other legal entity results in a change in ownership of the real property owned by that entity, and generally provides that a change in ownership as so described occurs when a legal entity or other person obtains a controlling or majority ownership interest in the legal entity. Existing law also specifies other circumstances in which certain transfers of ownership interests in legal entities result in a change in ownership of the real property owned by those legal entities. This bill would instead specify that when 100% of the ownership interests in a legal entity, as defined, are sold or transferred in a single transaction, as specified, the real property owned by that legal entity has changed ownership, whether or not any one legal entity or person that is a party to the transaction acquires more than 50% of the ownership interests. The bill would require the State Board of Equalization to notify assessors when a change in ownership as so described occurs. Existing law requires a person or legal entity that obtains a controlling or majority ownership interest in a legal entity, or an entity that makes specified transfers of ownership interests in the legal entity, to file a change in ownership statement signed under penalty of perjury with the State Board of Equalization, as specified. Existing law requires a penalty of 10% of the taxes applicable to the new base year value, as specified, or 10% of the current year's taxes on the property, as specified, to be added to the assessment made on the roll if a person or legal entity required to file a change in ownership statement fails to do so. This bill would require a person or legal entity acquiring ownership interests in a legal entity, when 100% of the ownership interests in the legal entity are sold or transferred, as described above, to file a change in ownership statement signed under penalty of perjury with the State Board of Equalization. This bill would increase the penalties for failure to file a change in ownership statement, as described above, from 10% to 20%. By expanding the crime of perjury, 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. This bill would result in a change in state taxes for the purpose of increasing state revenues 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.
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose a tax upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 10% of the gross value of each barrel of oil severed. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation to make specified certifications and determinations regarding certain oil wells, and to notify the board of the certification or determination. The bill would require the board to deposit all revenues collected pursuant to these provisions, less refunds and reimbursement to the board for expenses incurred in the administration and collection of the tax, into the General Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a 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. This bill would result in a change in state taxes for the purpose of increasing state revenues 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, but its operative date would depend on its effective date.
Existing law establishes training and certification programs for various healing arts professionals including, among others, nurses, midwives, occupational therapists, dietitians, and social workers. This bill would require the State Department of Public Health to assess the grants to promote positive health behaviors and outcomes available pursuant to the federal Patient Protection and Affordable Care Act for funding opportunities related to the use of promotores, as defined, in medically underserved communities, require the department, in consultation with the University of California, to include in this assessment an inventory of prescribed programs related to the use of promotores in California, and report on this assessment to the fiscal and health policy committees of the Legislature by April 1, 2011, with recommendations for attaining and maximizing federal funding. This bill would also require the department to rely upon past research about the efficacy of promotores and not permit the department to conduct new research.
This measure would recognize the Lunar New Year 4708 celebration.
This measure would declare February 23, 2010, to be Spay Day USA 2010 in California, and would request that Californians observe that day by having their dogs and cats spayed or neutered and by providing voluntary services or other support to organizations that provide spay and neuter services.
Existing law defines marriage as a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. This bill would instead define the term civil marriage as a personal relation arising out of a civil contract between a man and a woman, established pursuant to a State of California marriage license issued by the county clerk, to which the consent of the parties capable of making that contract is necessary. The bill would also make conforming related changes by changing certain references to marriage to civil marriage. Existing law enumerates persons who are authorized to solemnize a marriage, including, but not limited to, any priest, minister, rabbi, or authorized person of any religious denomination. The bill would specify that no priest, minister, rabbi, or authorized person of any religious denomination, or his or her religious denomination, would be required to solemnize a marriage that is contrary to the tenets of his, her, or its faith. The bill would state that any refusal to solemnize a marriage under that provision shall not affect the tax exempt status of any entity.