The Corporation Tax Law exempts the income of various types of nonprofit organizations from taxes imposed by that law, except as provided, if an application for exemption is filed with, and a filing fee of $25 is paid to, the Franchise Tax Board and the Franchise Tax Board issues a determination exempting the organization from tax. Existing law also requires, among other things, that filing fee to be paid when an organization whose exemption was revoked applies to reestablish as an exempt organization. This bill would eliminate the $25 filing fee on January 1, 2021. The Corporation Tax Law requires specific tax-exempt organizations to file an annual return containing specified information and requires the return to be filed on or before the 15th day of the 5th full calendar month following the close of the taxable year. Existing law requires those organizations to pay a $10 filing fee on or before the due date for filing the annual return, determined with regard to any extension of time for filing the return, and increases that filing fee to $25 in case of failure to pay the fee on or before that due date. This bill would eliminate those filing fees on January 1, 2021. This bill would also make various nonsubstantive and conforming changes to, among other things, update cross references.
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Existing law expresses the policy of the state to recognize the training and experience that individuals gain while serving in the Armed Forces of the United States and requires the Department of Motor Vehicles to develop policies to assist persons who are leaving active duty to obtain commercial driver's licenses, as specified. Existing law prohibits those policies from waiving any requisites, fees, or examinations required by law for a commercial driver's license. This bill would remove the requirement that the policies not waive any fees. Existing federal regulations require a person to pass a knowledge and driving skills test before being issued a commercial driver's license. Existing federal regulations allow the knowledge test to be administered in a written, verbal, or automated format. Existing federal regulations authorize a state to waive the knowledge test and waive the driving skills test, as specified, for current or former members of the United States Armed Forces who meet certain specified requirements related to their experience operating a commercial vehicle in the Armed Forces. Existing federal regulations also require a person to pass a specialized knowledge test for a hazardous materials endorsement on a commercial driver's license or a tank vehicle endorsement on a commercial driver's license or commercial learner's permit. Existing federal regulations require a person to pass a specialized knowledge test and a skills test for a passenger endorsement on a commercial driver's license or commercial learner's permit. Existing federal regulations authorize a state to waive these tests, as specified, for current or former members of the United States Armed Forces who meet certain specified requirements related to their experience operating a commercial vehicle in the Armed Forces. Existing state law requires a person to pass a written test and driving skills test before being issued a commercial driver's license. Existing state law authorizes a waiver of the driving skills test for current or former members of the United States Armed Forces who meet certain specified requirements related to their experience operating a commercial vehicle in the Armed Forces. This bill would bring state law into alignment with current federal regulations by requiring a person to pass a knowledge test instead of a written test before being issued a commercial driver's license, by authorizing a waiver of both the knowledge test and the driving skills test for current or former members of the United States Armed Forces who meet certain specified requirements related to their experience operating a commercial vehicle in the Armed Forces, and to waive the testing requirements, as specified, for a hazardous materials, tank vehicle, or passenger endorsement for current or former members of the United States Armed Forces who meet certain specified requirements related to their experience operating a commercial vehicle in the Armed Forces. The bill would make other nonsubstantive conforming changes.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law allows for a claim to be presumed compensable if it has not been rejected within 90 days of filing, as specified. Existing law imposes a duty on an employer to provide certain safety materials and adopt safety practices as necessary. A failure to meet this duty, under specified circumstances, is a misdemeanor. This bill would, until July 1, 2024, define "injury," for certain state and local firefighting personnel, peace officers, certain correctional and law enforcement personnel, as described, certain health care employees who provide direct patient care at an acute care hospital, and certain fire and rescue services coordinators who work for the Office of Emergency Services to include illness or death resulting from COVID-19, that is diagnosed on or after January 1, 2020, if certain circumstances apply. The bill would create a disputable presumption, as specified, that the injury arose out of and in the course of the employment. The bill would require a claim to be presumed compensable, if not rejected within 30 days, as specified. This bill would explicitly add emergency equipment or personal protective equipment, as described, to those materials required to be provided by an employer. A failure to comply with this additional requirement would not constitute a misdemeanor. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements certain residential, employment center, and mixed-use development projects meeting specified criteria, including that the project is located in a transit priority area and that the project is undertaken and is consistent with a specific plan for which an environmental impact report has been certified. This bill would additionally exempt those projects located in a very low vehicle travel area, as defined. The bill would require that the project is undertaken and is consistent with either a specific plan prepared pursuant to specific provisions of law or a community plan, as defined, for which an EIR has been certified within the preceding 15 years in order to be exempt. The bill would additionally require the project site to have been previously developed or to be a vacant site meeting certain requirements. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. (2) CEQA exempts from its requirements agricultural employee housing projects, affordable housing projects, and housing projects on infill sites that meet certain requirements, including, among others, the site is not located within the boundaries of a state conservancy. CEQA prohibits those exempt projects from being located in certain areas. This bill would allow the location of agricultural employee housing projects, affordable housing projects, and housing projects on infill sites to be located within the boundaries of a state conservancy in order to be exempt. The bill would revise and recast the areas in which those exempt projects cannot be located, as provided. (3) CEQA exempts from its requirements residential projects on infill sites that meet certain requirements, including, among others, that the location of the residential project on an infill site is no more than 4 acres and that the project is located within 12 mile of a major transit stop. This bill instead would require that the location of a residential project on an infill site be no more than 5 acres. The bill would additionally exempt those residential projects located in a very low vehicle travel area, as defined. (4) CEQA exempts from its requirements a transit priority project meeting certain requirements and that is declared by a legislative body to be a sustainable communities project. CEQA prohibits a transit priority project declared to be a sustainable communities project from being located in certain areas and requires the project to be within 12 mile of a rail transit station or a ferry terminal included in a regional transportation plan or within 14 mile of a high-quality transit corridor included in a regional transportation plan. This bill would revise and recast the areas in which the transit priority project declared to be a sustainable communities project cannot be located, as provided. The bill would additionally authorize the transit priority project declared to be a sustainable community project if the project is located within a very low vehicle travel area, as defined. The bill would additionally require the site for the transit priority project to have been previously developed or to be a vacant lot meeting certain requirements. (5) This bill would require a lead agency approving a project that is exempt from CEQA under the provisions described in paragraphs (1) , (3) , and (4) above to file with the Office of Planning and Research a notice of exemption. By imposing additional duties on the lead agency, this bill would impose a state-mandated local program. (6) 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 makes it a crime to maliciously and intentionally maim, mutilate, torture, wound, or kill a living animal. If a defendant is granted probation for a conviction of this offense, existing law requires the court to order the defendant to complete counseling designed to evaluate and treat behavior or conduct disorders. This bill would delete the requirement that a defendant granted probation complete counseling and would instead require a defendant convicted of specified offenses against animals and granted probation to undergo a mental health evaluation by an evaluator chosen by the court. The court would require the defendant to complete mandatory counseling if, upon evaluation of the defendant, the mental health professional deems it necessary. The court would require the defendant to pay for the mental health evaluation and any subsequent treatment, but would authorize the court to establish a sliding fee schedule based on the defendant's ability to pay. The bill would additionally make records related to this evaluation and treatment confidential, as specified. 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 prohibits a school district from receiving a state apportionment based upon average daily attendance unless it has maintained the regular day schools of the district for at least 175 days during the next preceding fiscal year. Existing law exempts from this prohibition a school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 175 days because of a specified emergency or other extraordinary condition. If the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred. This bill would add public safety power shutoffs to the list of emergencies for which the above-described provisions apply.
(1) The Child Care and Development Services Act establishes a system of childcare and development services for children up to 13 years of age. Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. Existing law requires the reimbursement system to be submitted to the Joint Legislative Budget Committee. This bill would require the Superintendent to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates that would vary with additional factors, including a quality adjustment factor to address the cost of staffing ratios, as provided. The bill would require the reimbursement system plan, including methodology, standards, county rate targets as provided, and the total statewide funding amount necessary to reach annual rate targets for all agencies to be annually submitted to the Joint Legislative Budget Committee, on or before November 10. The bill would require the plan to include a formula for annually adjusting reimbursement rates, as provided. The bill would require the department, by July 1, 2020, and annually thereafter, as provided, to establish a reimbursement rate target for each contracting agency that meets specific quality standards based on specified elements, including quality adjustment factors for the age range of children proposed to be served by the contracting agency, as a multiplier, which the bill would also require the department to establish. (2) Existing law establishes adjustment factors for a provider agency's reported child days of enrollment in order to reflect the additional expense of serving specified children, including an adjustment factor for infants and toddlers who are 0 to 36 months and are served in a child daycare center or family childcare home, as provided. This bill would, as of July 1, 2020, delete the above adjustment factors and would make conforming changes. (3) Existing law requires reimbursement rates to be adjusted by specified adjustment factors for childcare and development programs and, for childcare and development providers serving children for less than 4 hours per day, requires the reimbursement factor to be 55% of the standard reimbursement rate. This bill would instead require the above-described reimbursement factor to be 50% of the standard reimbursement rate. (4) The bill would make its operation contingent on the enactment of SB 174 of the 2019–20 Regular Session on or before January 1, 2020.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements. This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the violation of those requirements would be punishable by imprisonment in the state prison for 3, 4, or 6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.