Asm. Henry Perea

This measure would designate May 2012 as Lupus Awareness Month.

This measure would recognize June 27, 2012, as Post-Traumatic Stress Disorder Awareness Day.

This measure would declare the Legislature's recognition of the importance of access to local parks, trails, open space, and facilities for the health and development of all Californians. This measure would also declare July 2012 as "Parks Make Life Better!®" Month.

This measure would designate the month of April 2012 as Sexual Assault Awareness Month, would recognize April 25, 2012, as Denim Day California, and would encourage everyone to wear jeans on that day to help communicate the message that there is no excuse for, and never an invitation to commit, rape.

This measure would declare May 23, 2012, as the 24th Annual State Scientist Day, as a tribute to the dedication and professionalism of the state scientists who work on behalf of all the residents of California.

The Personal Income Tax Law and Corporation Tax Law impose taxes measured by income, and allow individual and corporate taxpayers to utilize net operating losses as carryovers and carrybacks of those losses for purposes of offsetting their individual and corporate tax liabilities. This bill would require the Treasurer, in cooperation with the Franchise Tax Board, to establish a corporation business tax benefit certificate transfer program to allow a qualified transferor, defined as a new or expanding emerging technology and biotechnology company in this state with unused net operating losses, to surrender those net operating losses for use by a taxpayer subject to the Corporation Tax Law in this state in exchange for private financial assistance to be provided by that taxpayer to assist in the funding of costs incurred by the new or expanding emerging technology and biotechnology company, as provided. This bill would provide that any net operating losses that are transferred pursuant to a corporation business tax benefit transfer certificate issued to a taxpayer is allowed beginning on or after the first day of the 4th taxable year after the date of issue of that certificate.

Existing law requires the State Department of Social Services to implement a statewide Child Welfare Services Case Management System to protect children and effectively administer and evaluate the state's child welfare services and foster care programs. Existing law requires the department to provide technical assistance to encourage and facilitate a county placement agency's evaluation of placement needs. Existing law requires a county placement agency specifically to examine placements that are out of county, determine the reason the placement was necessary, and identify the additional placement resources and programs that need to be developed and available to allow a child to remain within the county and as close as possible to his or her home. This bill would require the State Department of Social Services to designate a separate, consistent data entry field in the Child Welfare Services Case Management System for a county welfare agency to record information regarding the reasons for the placement of a child when the child is placed with a foster family agency or group home. It would also require a county welfare agency to file this information with the system when this placement is made. By increasing the duties of 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, 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 provides that any person under 18 years of age who commits a crime is within the jurisdiction of the juvenile court, except as specified. Further, existing law sets forth the purpose of juvenile court law and provides that a minor under the juvenile court jurisdiction as a consequence of delinquent conduct shall receive care, treatment, and guidance that holds the minor accountable for his or her behavior, is appropriate for his or her circumstances, and is consistent with his or her best interest and the best interest of the public. This bill makes findings and declarations related to restorative justice programs. The bill would authorize the juvenile court of a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require a restorative justice program adopted by a juvenile court to be implemented through a restorative justice protocol developed by the court with the prosecutor, public defender, and, when possible, representatives from other interested groups. Under this bill, certain enumerated offenses would not be eligible for inclusion within a restorative justice program. Additionally, this bill would authorize a court not to refer an eligible minor to a restorative justice program if the court determines that the program is not in the minor's best interest. The bill would require the Administrative Office of the Courts to establish restorative justice pilot programs in 5 or more counties, provided that the presiding judge in a selected county supports participation in the pilot program. Under the bill, by July 1, 2013, the Administrative Office of the Courts would be required to make a recommendation to the Judicial Council which courts should be selected for the program. After the Judicial Council selects the participating courts, the courts would begin implementing restorative justice programs by January 1, 2014. The bill would also require the Administrative Office of the Courts to report to the Judicial Council on the performance of the pilot programs by July 1, 2018. This bill would prohibit the use of General Fund moneys to fund these pilot programs.

(1) Existing law provides that a person with a class C license may operate a motor vehicle or combination of motor vehicles of 26,000 pounds or less when it is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of a specified instructional program, it is used exclusively in the conduct of agricultural operations, and it is not used in the capacity of a for-hire carrier or for compensation. This bill would additionally authorize a class C licenseholder to operate, until January 1, 2018, a combination of vehicles with a specified gross combination weight rating and gross vehicle weight rating that meets specified operating conditions, including being operated by a farmer or an employee of a farmer and being operated within 150 miles of a farm. (2) Existing law excludes certain vehicles from the definition of a commercial motor vehicle for purposes of the Motor Carriers of Property Permit Act. This bill would exclude, from that act, until January 1, 2018, a pickup truck, as defined, or a vehicle that has a flatbed of less than 9 feet and meets certain conditions regarding its weight rating and operation. The bill would also exclude until January 1, 2018, a combination of vehicles with a specified weight rating that meets certain conditions regarding the weight rating and operation of those vehicles. (3) The bill would require the Department of the California Highway Patrol to submit a report, by January 1, 2017, to the Legislature, that evaluates the exemptions provided by the bill and recommends as to whether those exemptions should be continued. The bill would repeal the report requirement on January 1, 2021.

Existing law provides for the administration and operation of public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities, and certain group homes. The public schools or classes offered in these facilities are known as juvenile court schools. Existing law states that the Legislature encourages each county superintendent of schools or governing board of a school district, as specified, and the county chief probation officer to enter into a memorandum of understanding or equivalent mutual agreement to support a collaborative process for meeting the needs of wards of the court who are receiving their education in juvenile court schools with the purpose of developing a collaborative model that will foster an educational and residential environment that nurtures the whole child and consistently supports services that will meet the educational needs of the pupils. This bill would establish the Transitioning Youth for Success Program for the purpose of prioritizing the use of specified federal funds for neglected, delinquent, or at-risk pupils. The bill would require a county office of education or a school district to submit an application to the State Department of Education to receive funding under this program. Participating school districts and county offices of education would provide programs and services that focus on the special needs of youth who are or have been confined to a facility where a juvenile court school or classes are authorized to be offered. The purpose of the programs and services would be to ensure that these youth make a successful transition from the juvenile facility to further schooling or employment and are provided a support system to ensure their continued education. The bill would require a comprehensive transition plan to be developed and implemented for pupils served by the program. The bill would require the Superintendent of Public Instruction, in consultation with the Board of Corrections and county offices of education, by December 1, 2013, to develop consistent measures by which to evaluate the success of programs and services funded under this program. The bill would require the State Board of Education to amend California's consolidated state application for the federal No Child Left Behind Act of 2001, as necessary, so that the application adequately reflects the requirements and provisions of the program.