Existing law requires junk dealers and recyclers, as defined, to maintain written records of all sales and purchases made in the course of their business, and makes a violation of the recordkeeping requirements a misdemeanor. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous material, as defined, unless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller and certain other identifying information, as specified, which information is to be retained by the dealer or recycler, as part of the written record of purchases, for a specified period of time. Existing law exempts from the payment by cash or check requirement those sellers of junk or recycling materials who conduct 5 or more separate transactions per month with the junk dealer or recycler, as specified. This bill would require a junk dealer or recycler to provide payment by check only, mailed or provided to the seller of the materials no earlier than 30 days after the date of sale, and would prohibit the junk dealer or recycler from recycling, selling, or disposing of the materials during that time period. The bill would delete the exemption from the check-only payment requirement of those sellers of junk or recycling materials who conduct 5 or more separate transactions per month with the junk dealer or recycler. The bill would exempt from the check-only payment requirement, and permit payment by check or cash on or after the 3rd business day from the date of sale, the sale of nonferrous materials under specified circumstances, including if the nonferrous materials were marked with an indicia of ownership, as defined. Under these circumstances, the bill would require the junk dealer or recycler to obtain specified documentation from the seller. The bill would also exempt from the check-only payment requirement, and permit payment by check or cash on or after the 3rd business day from the date of sale, the sale of nonferrous materials that were removed from the home of the seller during construction, if the junk dealer or recycler obtained specified documentation from the seller, including a letter from a licensed contractor stating that the materials were removed from the home of the seller during construction. The bill would provide that a licensed contractor who willfully or knowingly makes a false or fictitious statement in that letter is guilty of a crime. The bill would also require the junk dealer or regular to retain the documentation obtained pursuant to these provisions as part of the written record of purchases. Because a violation of the recordkeeping requirement would be a crime and because this bill creates a new crime, the 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.
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Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collection of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available to the board and the Department of Forestry and Fire Protection for certain specified fire prevention activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would repeal these provisions.
The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act requires the Office of Administrative Law to provide for the official compilation, printing, and publication of state agency regulations, known as the California Code of Regulations. This bill would provide that the full text of the California Code of Regulations shall bear an open access creative commons attribution license, allowing any individual, at no cost, to use, distribute, and create derivative works based on the material for either commercial or noncommercial purposes.
The Medi-Cal Act establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. This bill would instead require that, to the extent permitted by federal law, this payment reduction not apply to skilled nursing facilities or subacute care units that are a distinct part of a general acute care hospital, intermediate care or other specified facilities serving developmentally disabled individuals, or specified Medi-Cal provider payments for fee-for-service benefits, including payments to pharmacies, for dates of service on or after June 1, 2011. The bill would also provide that this payment reduction shall not apply to managed health care plans for dates of service after the effective date of the bill. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as "GO-Biz," to, among other duties, serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law establishes the California Economic Development Fund holding funds that, upon appropriation by the Legislature, GO-Biz may use for economic development purposes, as specified. This bill would create the California Innovation Hub Program (iHub Program) within GO-Biz to create regional offices that would provide specialized counseling, training, and networking services to assist entrepreneurs establish and grow businesses for local and in-state job retention, creation, and future expansion. This bill would authorize GO-Biz, in collaboration with the Department of General Services, to identify unoccupied and underutilized real property owned or leased by the state, and use that real property to support the iHub Program, as specified. This bill would modify the California Economic Development Fund to be a continuously appropriated fund for the economic development purposes of GO-Biz, and in doing so, would make an appropriation. (2) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit for certain research and development expenses, as provided. This bill would, for taxable years commencing on and after January 1, 2014, and before January 1, 2019, increase the credit for research and development expenses, as provided. (3) This bill would provide that the provisions of this bill are severable. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the regulation of financial institutions and financial services, including, among others, trust companies. Existing law defines "trust company" as a corporation, industrial bank, or a commercial bank that is authorized to engage in the trust business. This bill would make nonsubstantive changes to these provisions.
Existing law establishes the Joint Sunset Review Committee, a legislative committee comprised of 10 Members of the Legislature, to identify and eliminate waste, duplication, and inefficiency in government agencies and to conduct a comprehensive analysis of every "eligible agency" for which a date for repeal has been established, to determine if the agency is still necessary and cost effective. Existing law requires each eligible agency scheduled for repeal to submit a report to the committee containing specified information. Existing law requires the committee to take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed, and requires that an eligible agency be eliminated unless the Legislature enacts a law to extend, consolidate, or reorganize the agency. Existing law also requires the committee to review eligible agencies and evaluate and determine whether each has demonstrated a public need for its continued existence and to submit a report to the Legislature detailing whether an agency should be terminated, continued, or whether its functions should be modified. This bill would abolish the Joint Sunset Review Committee on January 1 or an unspecified year. The bill would, commencing on that same January 1, establish the California Sunset Review Commission within the executive branch to assess the continuing need for any agency, as defined, to exist. The commission would consist of 10 members, with 8 members appointed by the Governor and 2 Members of the Legislature each appointed by the Senate Committee on Rules and the Speaker of the Assembly, subject to specified terms. The commission would be under the direction of a director appointed by the commission members. The bill would require the commission to meet regularly and to work with each agency subject to review to evaluate the need for the agency to exist, identify required statutory, regulatory, or management changes, and develop legislative proposals to enact those changes. The bill would require the commission to prepare a report, containing legislative recommendations based on its agency review, to be submitted to the Legislature and would also require the commission to meet certain cost-savings standards within 5 years. This bill would require an agency to submit a specified self-evaluation report to the commission prior to its review. The bill would require the Legislative Analyst's Office to provide the commission with an estimate of the staffing needed to perform the commission's work.
Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collection of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available, to the board and the Department of Forestry and Fire Protection for certain specified fire protection activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would repeal the above provisions relating to the fire prevention fees.
Existing law provides that, when the services of employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law further provides those employees with a preferred right to reappointment and an opportunity for substitute service in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including compliance with constitutional requirements related to equal protection of the laws. This bill would provide additional reasons for which a school district may deviate from terminating employees in order of seniority, including authorizing school districts to terminate an employee on the basis of performance evaluations and on the basis that the employee is assigned to a schoolsite that has implemented specific models of intervention and has been selected by the governing board of the school district for exemption from certificated reductions in workforce, based upon the needs of pupils in the educational program. The bill would provide an exception to this authorization for an employee who has 18 months or less from his or her date of retirement, or is on medical leave. The bill would prohibit a school district that deviates from the order of seniority for purposes of terminating a certificated employee from taking into consideration whether an employee has exercised any of the rights guaranteed in the Educational Employment Relations Act. The bill would also authorize a school district, during the period of an employee's preferred right to reappointment, to deviate from the order of seniority in offering the opportunity for substitute service for either of specified reasons. The bill would specify that the equal protection exception to the general requirement that terminations and reappointments occur in order of seniority applies to equal protection as that protection relates to pupils. The bill would make various nonsubstantive and clarifying changes.
(1) Existing law prohibits a permanent school employee from being dismissed except for one or more specified causes. This bill would include serious or egregious unprofessional conduct, as defined, as a ground for dismissal of a permanent school employee. The bill would also prohibit a collective bargaining agreement entered into or renewed on or after January 1, 2015, from requiring the removal from an employee's record, after a specified time period, of records pertaining to discipline, complaints, reprimands, or investigations relating to the employee's commission, or potential commission, of one of those specified offenses. (2) Existing law authorizes a governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend him or her for specified causes at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing. Existing law prohibits that notice from being given between May 15th and September 15th in any year. This bill would remove that prohibition. (3) Existing law prohibits the governing board of a school district from acting upon any charges of unprofessional conduct, or unsatisfactory performance, unless at least 45, or 90, calendar days, respectively, prior to the date of the filing of the charges the governing board, or its authorized representative, has given the employee written notice, as specified. This bill would remove those 45-day and 90-day requirements. (4) Existing law authorizes the governing board of a school district, upon the filing of written charges or upon a written staetment of charges for certain conduct, to immediately suspend the employee from his or her duties in accordance with specified procedures. This bill would authorize the governing board to immediately suspend an employee for serious or egregious unprofessional conduct pursuant to those procedures. (5) Existing law establishes a Commission on Professional Competence for each dismissal or suspension hearing requested by an employee, consisting of specified members, and requires the proceeding to be conducted in accordance with the Administrative Procedure Act. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board of the school district. This bill, for a hearing that involves serious or egregious unprofessional conduct, would require the proceedings to be conducted pursuant to the Administrative Procedure Act by an administrative law judge. The bill would provide that the decision of the administrative law judge would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board of the school district. (6) By imposing additional requirements on governing boards of school districts, this bill would impose a state-mandated local program. (7) 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.