The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. This bill would, for taxable years beginning on or after January 1, 2019, impose an additional tax of 1% on income that exceeds $1,000,000, as provided. The bill would deposit the revenues derived from this tax into the Higher Education Assistance Fund, a continuously appropriated fund established by this bill, for the purposes of funding student financial assistance for tuition and fees required of specified students enrolled at the University of California, the California State University, and the California Community Colleges. This bill would become operative only if ACA 13 of the 2017–18 Regular Session is approved by the voters and becomes operative.
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The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from wages, salaries, tips, and other employee compensation plus net earnings from self-employment and who meet certain other requirements. The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, which is only for earned income from wages, salaries, tips, and other employee compensation, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor, as specified. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individual's earned income and is phased out above a specified amount as income increases. Existing law provides, in modified conformity with federal income tax law, for taxable years beginning on and after January 1, 2016, that the credit percentage and phaseout percentage for an eligible individual with no qualifying children is 7.65%, for an eligible individual with one qualifying child is 34%, for an eligible individual with 2 qualifying children is 40%, and for an eligible individual with 3 or more qualifying children is 45%. This bill, for taxable years beginning on and after January 1, 2017, would expand the earned income credit allowed by the Personal Income Tax Law by providing additional conformity with federal income tax law to include net earnings from self-employment in earned income and to change the phaseout percentage for an eligible individual with no qualifying children to 2.22%, for an eligible individual with one qualifying child to 4.99%, for an eligible individual with 2 qualifying children to 7.53%, and for an eligible individual with 3 or more qualifying children to 7.79%. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount allowable as an earned income credit in excess of any tax liabilities. By authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation.
Existing law authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Upon suspension of proceedings, existing law requires the court to order that the question of the minor's competence be determined at a hearing. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor's competency. This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minor's counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. The bill would require the minor's competency to be determined at an evidentiary hearing, except as specified, and establish a presumption of competency, unless it is proven by a preponderance of the evidence that he or she is incompetent. If the minor is found incompetent and the petition contains only misdemeanor offenses, the bill would require the petition to be dismissed. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve competency within 6 months, the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the court's jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. The bill would prohibit secure confinement from extending beyond 6 months from the finding of incompetence, however, under specified conditions, the bill would authorize the court to order secure confinement for an additional 6 months, not exceeding one year. The bill would prohibit the total remediation period from exceeding one year from the finding of incompetence. By imposing additional duties on local officials, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Fair Employment and Housing Act establishes the Department of Fair Employment and Housing, under the direction of an executive officer to, among other things, receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful under the act. The act establishes procedures for the prevention and elimination of discrimination in housing made unlawful under its provisions, including authorizing any person claiming to be aggrieved by an alleged violation of specified provisions to file a verified complaint in writing with the department. The act requires the department to investigate an alleged violation and, in the case of failure to eliminate a violation that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, requires the director to file a civil action in the name of the department on behalf of that person. The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. That law, among other things, requires the rental agreement between the management of a mobilehome park and the homeowner to be in writing and to contain specified terms and provisions, requires the management to meet and consult with homeowners, either individually, collectively, or with representatives of a group of homeowners, on specified matters within 30 days of a written request to do so, and prohibits management from terminating or refusing to renew tenancy within a park, except for specified reasons and upon giving written notice to the homeowner. This bill would, on and after July 1, 2020, until January 1, 2023, extend the application of the above-described enforcement procedures for the prevention and elimination of discrimination in housing under the California Fair Employment and Housing Act to apply to the prevention and elimination of actions made unlawful under the Mobilehome Residency Law against homeowners or residents of mobilehomes, as provided. The bill would prescribe requirements for an aggrieved home owner or resident to follow when filing a complaint in this regard and for the department in investigating these complaints. The bill would also authorize, on and after July 1, 2020, until January 1, 2023, the department to investigate potential violations of the Mobilehome Residency Law that are discovered during the course of an existing formal investigation, but for which the department has not received a formal complaint. The bill would require the department, by no later than July 1, 2018, and by no later than July 1 of each subsequent year until January 1, 2023, to assess upon the management of a mobilehome park subject to the Mobilehome Residency Law and collect a registration fee of $10 for each mobilehome lot located within the mobilehome park for the purpose of providing the complaint resolution process described in this bill. The bill would authorize management to pass this fee on to the homeowners and residents within the mobilehome park. The bill, until January 1, 2023, would require all fees and fines collected pursuant to this bill to be deposited in the Mobilehome Residency Law Protection Fund, which this bill would establish in the State Treasury. The bill would make all moneys in the fund available to the department, upon appropriation by the Legislature, for costs of administering this bill.
Existing law requires a corporation, limited liability company, or common interest development, among others, to file a statement of information with the Secretary of State, providing specified information about the entity. Existing law regulates the terms and conditions of employment, including the payment of wages. Existing law generally prohibits an employer from paying any of its employees at rates less than the rates paid to employees of the opposite sex for substantially similar work, as specified. This bill would require, on and after July 1, 2019, and biennially thereafter, that an employer that is required to file a statement of information with the Secretary of State and that has 500 or more employees in California to collect specified information on gender wage differentials. The bill would require the employer to submit the information to the Secretary of State as specified, by July 1, 2020, and biennially thereafter. The bill would require the Secretary of State to publish the information described above on an Internet Web site available to the public upon receiving necessary funding and establishing adequate mechanisms and procedures.
Existing law provides that the Department of Transportation has full possession and control of the state highway system and associated property. Existing law generally requires proceeds from the sale of excess state highway property to be made available for other highway purposes. Existing law generally provides for the California Transportation Commission to program available funding for transportation capital projects, other than state highway rehabilitation projects, through the State Transportation Improvement Program process, with available funds subject to various fair share distribution formulas. Existing law, in certain cases, requires the commission to instead reallocate funds from canceled state highway projects to other projects within the same county and exempts those funds from the fair share distribution formulas that would otherwise be applicable. This bill would require the net proceeds from the sale of any excess properties originally acquired for a replacement alignment for State Highway Route 101 in the County of Monterey, known as the former Prunedale Bypass, to be reserved in the State Highway Account for programming and allocation by the commission, with the concurrence of the Transportation Agency for Monterey County, for other state highway projects in that county, as specified. The bill would exempt these funds from the distribution formulas otherwise applicable to transportation capital improvement funds.
This measure would recognize August 6, 2017, as the 52nd anniversary of the signing of the federal Voting Rights Act of 1965.
This measure would proclaim the period of October 23, 2017, to October 31, 2017, inclusive, as Red Ribbon Week and would encourage all Californians to help build drug-free communities and to participate in drug prevention activities.
Existing law allows a person to apply for a change of name or gender, as specified. Existing law prohibits a person imprisoned in the state prison from filing a petition for a change of name unless permitted by the Secretary of the Department of Corrections and Rehabilitation. Existing law requires a court to deny a petition for a name change made by a person under the jurisdiction of the Department of Corrections and Rehabilitation, unless that person's parole agent or probation officer determines that the name change will not pose a security risk to the community and grants prior written approval. This bill, commencing September 1, 2018, would remove those limitations on a petition for a change of name filed by a person imprisoned in a state prison. The bill would instead establish the right of a person under the jurisdiction of the department or sentenced to county jail to petition the court to obtain a name or gender change. The bill would require the department or county jail to use the new name of a person who obtains a name change, and to list the prior name only as an alias. This bill would also require that the person petitioning for a name change provide a copy of the petition to the department or sheriff's department at the time of filing. By increasing the duties of county jails, this bill would create 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 the statutory provisions noted above.