Existing sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. Those laws partially exempt from those taxes, for a specified period, the gross receipts from the sale of, and the storage, use, or other consumption of, specified tangible personal property purchased for use by a qualified person, as defined, to be used primarily in manufacturing or other processes, and in research and development. On and after July 1, 2014, tangible personal property with a useful life of one or more years, as defined by reference to state income or franchise taxes, is deemed to have a useful life of one or more years for purposes of the exemption. This bill would define "useful life" for periods on and after July 1, 2014, to also include tangible personal property that is expensed for state income or franchise tax purposes and that has a physical useful life of one or more years. The bill, with respect to property with a useful life of one or more years as redefined by this bill, would require the State Board of Equalization to cancel any notice of determination and any related penalties and interest and would prohibit the board from issuing any notice of determination with respect to the purchase or sale of that property. The bill would authorize a qualified person to offset the amount of sales tax reimbursement or use tax paid against any sales and use tax imposed on the qualified person when a qualified person has paid sales tax reimbursement or use tax on purchases of qualified tangible personal property that has a useful life of one or more years, as redefined by the bill, as provided. The bill, beginning on and after January 1, 2018, and before July 1, 2026, would additionally exempt from those taxes special purpose buildings and foundations used for the generation or production or storage and distribution, as defined, of electric power and qualified tangible personal property purchased for used by a qualified person to be used primarily in the generation or production or storage and distribution of electric power or purchased for use by a contractor for the qualified person, as specified. The bill, on and after January 1, 2018, would expand the definition of qualified person to include, among others, a person primarily engaged in the business of electric power generation. The bill would declare the intent of the Legislature to enact legislation that would improve the state's sales and use tax incentives to promote a stronger California economy by securing a greater share of the high-paying, high-skilled jobs in manufacturing and research and development.
Sponsored bills
Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law further provides that, to the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve specified target populations, including, among others, California veterans in need of mental health services who meet specified eligibility requirements. Existing law prohibits a county from denying county mental health services to an eligible veteran based solely on his or her status as a veteran. Existing law requires a county to refer a veteran to the county veterans service office, if any, to determine the veteran's eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or any other federal health care provider. This bill would declare the intent of the Legislature to enact legislation that would simplify the process and reduce the burden placed on veterans seeking mental health services and require the counties to cooperate with federal agencies, as specified, to seek reimbursement after providing mental health services to veterans. This bill would require a county to provide mental health services to any veteran who requests treatment, without regard to his or her status as a veteran or eligibility for health services provided by the United States Department of Veterans Affairs or any other federal health care provider. The bill would specify that a veteran seeking treatment by a county is not required to first seek health services provided by the United States Department of Veterans Affairs or any other federal health care provider before receiving treatment from the county.
(1) Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Bureau of Real Estate. A willful violation of the law and other related real estate provisions is a crime. Under existing law, a real estate broker is a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do specified acts for another or others, including soliciting or obtaining listings of real property, as specified. Under existing law, a real estate salesperson is a natural person who, for a compensation or in expectation of a compensation, is employed by a licensed real estate broker to do specified acts. Existing law generally describes the relationship between a real estate broker and a real estate licensee, which includes brokers and salespersons, as an employment relationship. This bill would include, within those acts for real estate brokers, soliciting or obtaining a promotional listing or listing agreement for that specified real property. The bill would also recast and redefine the term "salesperson" as a person who is retained by a licensed real estate broker. For purposes of these relationships, the bill would define the term "retained" to mean the relationship between a broker and a real estate licensee who is an independent contractor affiliated with, or an employee of, a broker to perform certain real estate activities subject to a broker's supervision. The bill would also define various other terms to describe the relationships between real estate brokers and salespersons and the parties involved in the sale of real estate transactions, including, but not limited to, seller, buyer, seller's licensee, buyer's licensee, dual broker, and dual licensee. Under existing law, whenever a real estate salesperson enters the employ of a real estate broker, the broker is required to immediately notify the commissioner in writing of specified changes to employment. This bill would require a responsible broker to provide notice to the commissioner whenever a real estate salesperson or real estate broker affiliates with, or is retained by, the responsible broker or an affiliation with a real estate licensee is terminated. The bill would require a real estate broker that affiliates with a responsible broker to also provide notice to the commissioner of the affiliation, and would require a real estate licensee to provide notice to the commissioner whenever the licensee acquires a new business address. The bill would also require the commissioner to specify the manner in which these notices are to be provided. Because a willful violation of these reporting requirements would be a crime, the bill would impose a state-mandated local program. Under existing law, a real estate broker is defined to include a person who leases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase, or exchanges of leases on real property, or on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities. Existing law provides that this definition does not apply to the manager of a hotel, a person who on behalf of another accepts transient occupancies, and a person who is an employee of a property management firm meeting certain requirements, as provided. This bill would repeal that provision excluding those persons from the definition of a real estate broker. Existing law makes it unlawful for any licensed real estate salesperson to pay any compensation for performing specified acts to any real estate licensee except through the broker under whom he or she is at the time licensed. This bill would authorize a licensee to enter into an agreement with another licensee to share compensation provided that the compensation is paid through the responsible broker. The bill would define a "responsible broker" as a real estate broker responsible for the exercise of control and supervision of real estate salespersons. Under existing law, when a licensee prepares or has prepared an agreement authorizing or employing such licensee to perform any of the acts for which he or she is required to hold a license, or when such licensee secures the signature of any person to any contract pertaining to such services or transaction, he or she is required to deliver a copy of the agreement to the person signing it at the time the signature is obtained. This bill would require the copy of the agreement to be delivered either in print or electronic record as soon as practicable after obtaining the signature. Existing law requires a notice containing certain information to be filed with the commissioner within a specified period of time after the first transaction and within that same time period if there is any material change in the required information. Existing law requires the broker or the designated officer or corporate broker to sign the notice. This bill would require the responsible broker to sign that notice. Because a willful violation of that signature requirement would be a crime, the bill would impose a state-mandated local program. Existing law requires the real estate salesperson's license to remain in the possession of the licensed real estate broker employer until canceled or until the salesperson leaves the employ of the broker, and the broker is required to make his or her license and the licenses of his salespersons available for inspection by the commissioner. This bill would repeal those requirements. Existing law authorizes the commissioner to suspend or revoke the license of a real estate licensee, delay the renewal of a license of a real estate licensee, or deny the issuance of a license to an applicant, who has committed specified acts. Existing law also authorizes the commissioner to suspend or revoke the license of a corporation, delay the renewal of a license of a corporation, or deny the issuance of a license to a corporation, if an officer, director, or person owning or controlling 10 or more of the corporation's stock has done specified acts. This bill would additionally authorize the commissioner to take such action for (1) having solicited or induced the promotional listing or listing agreement for the sale or lease of residential property on specified grounds due to the entry into the neighborhood of persons with certain characteristics and (2) for failure to surrender a license issued in error or mistake. (2) Under existing law, when a real estate license is issued to a corporation, if it desires any of its officers other than the specified designated officer to act under its license as a real estate broker, it is required to procure an additional license to so employ each additional officer. This bill would authorize a corporation, in the event of death or incapacity of a sole designated broker-officer, to operate continuously under its existing license if notice and an application is provided to the bureau within a specified period of time of the death or incapacity. Because the willful failure to provide that notice would be a crime, the bill would impose a state-mandated local program. Under existing law, each officer of a corporation through whom it is licensed to act as a real estate broker is, while so employed under that license, a licensed real estate broker, but is only licensed to act as such for and on behalf of the corporation as an officer. This bill would not preclude a designated corporate officer who has a separate individual license from conducting licensed activity for another entity if the entity for which he or she acts is clearly disclosed and apparent to any member of the public using his or her services outside the corporation. When a corporation wishes to act as a real estate broker, the bill would require the corporation to be licensed by the bureau through qualified broker-officers, as provided. The bill would provide that an officer of a corporation through whom it is licensed to act need not maintain an individual broker's license, but would provide that the officer is subject to all duties and responsibilities of a licensed real estate broker. Because a willful violation these requirements would be a crime, the bill would impose a state-mandated local program. (3) This bill would make numerous conforming and nonsubstantive changes. (4) This bill would make the operation of its provisions contingent on the enactment of AB 1289 relating to real estate introduced in the 2017–18 Regular Session. (5) 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 requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines "project" for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines "project" as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2018, exempts from the definition of "project" a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. This bill would indefinitely exempt from the definition of "project" a proposed photovoltaic or wind energy generation facility that would demand no more than 50 acre-feet of water annually. The bill would thereby extend the duties on local agencies with respect to determining whether a project is subject to the water supply assessment requirements, thereby imposing 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.
(1) Existing law requires the Commission on Teacher Credentialing to, among other things, establish professional standards, assessments, and examinations for entry and advancement in the education profession and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law sets forth the minimum requirements for a services credential with a specialization in health and excludes services as an occupational therapist or physical therapist from the health services the holder of a services credential with a specialization in health is authorized to perform. This bill would require the commission to develop a services credential with a specialization in occupational therapy or physical therapy services and sets forth the minimum requirements for the credential, as provided. The bill would specify that nothing in its provisions prevents a school district from contracting with a 3rd-party provider to supply occupational therapy or physical therapy services not provided by school district staff. The bill would require the commission to determine the effective date of the credential and would authorize, on that date, any person with at least 5 years of experience providing occupational therapy or physical therapy services in a public school setting to apply for the credential if that person satisfies specified conditions. (2) Existing law specifies the minimum requirements for the preliminary services credential with a specialization in administrative services, which include, among other requirements, possession of one of various types of credentials. This bill would provide that possession of the services credential with a specialization in occupational therapy or physical therapy services satisfies that requirement.
(1) Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014 (the 2014 bond act) , authorizes the issuance of bonds in the amount of $600,000,000, as specified, for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to provide housing to veterans and their families pursuant to the Veterans Housing and Homeless Prevention Act of 2014 (VHHPA) . This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2017 to authorize the issuance of bonds in an unspecified amount to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act. (2) Existing law, the Veterans' Bond Act of 2008, authorized, for purposes of financing a specified program for farm, home, and mobilehome purchase assistance for veterans, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $900,000,000. This bill would enact the Veterans Farm and Home Bond Act of 2017 to authorize the issuance of bonds in an unspecified amount to provide additional funding for that program. The bill would provide for the handling and disposition of the funds in the same manner as the 2008 bond act. The bill would provide for submission of the measure to the voters at an unspecified statewide election in a specified manner. This bill would declare that it is to take effect immediately as an urgency statute.
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments that are not a commercial or industrial common interest development. The act requires a common interest development to be managed by an association, requires the association to select one or 3 independent 3rd parties as an inspector or inspectors of elections, and generally requires the association's elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area, to be conducted by the inspector or inspectors of elections in accordance with specified rules and procedures. The act excepts from these election requirements an election of directors if the governing documents of the association provide that one member from each separate interest is a director. This bill would additionally except from those election requirements an election of directors if the election is uncontested, as defined, and would provide a procedure for an election to be declared as uncontested. The bill adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures is provided in a specific manner and would ensure a member who meets specified qualification requirements is not denied the right to vote or the right to be a candidate for director. The bill would authorize a cause of action alleging a violation of these election requirements to be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law requires community colleges to offer instruction through, but not beyond, the 2nd year of college and authorizes community colleges to grant associate degrees in arts and science. Existing law also authorizes the board of governors, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree pilot program at not more than 15 community college districts, subject to specified requirements and conditions. This bill would authorize the board of governors, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree cybersecurity pilot program at not more than 10 community college districts, to be determined by the Chancellor of the California Community Colleges and approved by the board of governors. The bill would require participating community college districts to submit certain items for review by the chancellor and approval by the board of governors, including the administrative plan for the program and documentation of consultation with the California State University and the University of California. The bill would require the Legislative Analyst's Office to conduct both an interim and a final evaluation of the program and report to the Legislature and Governor, in writing, the results of the interim evaluation on or before July 1, 2019, and the results of the final evaluation on or before July 1, 2024. The bill would require the board of governors, on or before March 31, 2018, to develop and adopt by regulation a funding model for the support of the program. This bill would make these provisions inoperative on July 1, 2025, and would repeal the provisions on January 1, 2026.
Existing law establishes the Office of Information Security within the Department of Technology, under the supervision of the Chief of the Office of Information Security, and requires the chief to establish an information security program. Existing law authorizes the office to conduct, or require to be conducted, an independent security assessment of any state agency, department, or office, the cost of which is to be funded by the state agency, department, or office being assessed. This bill would require the office, on or before July 1, 2019, to review information security technologies currently in place in state agencies to determine if there are sufficient policies, standards, and procedures in place to protect critical government information and prevent the compromise or unauthorized disclosure of sensitive digital content, as defined, inside or outside the firewall of state agencies. The bill would require the office, following the review, to develop a statewide plan to require the implementation by state agencies, during the next fiscal year, of any information security technology the office determines to be necessary to protect critical government information and prevent the compromise or unauthorized disclosure of sensitive digital content of a state agency.