Asm. Tom Lackey

The Personal Income Tax Law provides for various exclusions from gross income, including a reward from a crime hotline. This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, also would exclude from gross income the value of any medal given by the International Olympic Committee or the International Paralympic Committee, and any prize money or honoraria received from the United States Olympic Committee, on account of either the Olympic Games or the Paralympic Games. This bill would take effect immediately as a tax levy.

(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. (2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose a state-mandated local program. (3) 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.

(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. (2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950. Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or of an offense requiring registration as a sex offender. This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. (3) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the November 8, 2016, consolidated election. This bill would declare that it is to take effect immediately as an act calling an election.

This measure would encourage the Department of Consumer Affairs and its boards, bureaus, and committees to create policies that promote fairness and equity to guarantee that each licensee pays a fair amount, especially in regard to initial and ongoing license fees.

This measure would designate October as Crosswalk Safety Awareness Month.

Existing law authorizes a person holding a valid credential authorizing substitute teaching to serve as a substitute for an appropriately credentialed special education teacher, as specified. Existing law prohibits an employer from employing an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year. Existing law authorizes the Superintendent of Public Instruction to approve an extension beyond 20 cumulative schooldays, as provided. Existing law requires the county superintendent of schools to perform various duties with respect to the schools of his or her county, including a duty to monitor and review their certificated employee assignment practices. This bill instead would prohibit an employer from employing an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent, or if there is a vacancy, during each school year. This bill would, until January 1, 2022, additionally authorize, subject to the issuance of specified federal guidance, a person holding a valid emergency 30-day substitute teacher permit to serve as a substitute in a special education classroom for up to 40 cumulative schooldays per vacancy when specified conditions are met. The bill would require an employing authority to report annually to its county office of education, as part of the monitoring and review of certificated employee assignment practices, the number of permitholders employed pursuant to these provisions and the length of time they were employed. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill would make conforming changes and nonsubstantive changes. 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 encourage motorists to not idle their motor vehicles near places where children congregate.

This measure would recognize that the Legislature supports the development of safe and secure data sharing between public education, social service, and research entities through the Silicon Valley Regional Data Trust as it pertains specifically to at-risk, foster, homeless, and justice-involved children and youth and their families, in order to better serve, protect, and improve the futures of these Californians.