This measure would proclaim May 2011 as Buy California Small Business First Month.
(1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless a permit is obtained from, a reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law prohibits a lead agency from approving a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation if the operation is located on, or within one mile of, a Native American sacred site and is located in an area of special concern, unless certain criteria are met. This bill would also prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would proclaim July 27, 2011, as Korean War Veterans Armistice Day. It would urge Californians to remember the Korean War and those who fought against communism. It would also urge Governor Jerry Brown to proclaim July 27, 2011, as Korean War Armistice Day and instruct all state departments, agencies, interested groups, organizations, and individuals to fly the United States flag at half-mast on July 27, 2011, in memory of the veterans who died as a result of their service in Korea.
This measure would urge Congress to extend the alternative minimum tax holiday for private activity bonds.
Existing unemployment insurance law requires any employing unit that is a motion picture payroll services company, as defined, to be treated as an employer of a motion picture production worker, as defined, and to file a statement of intent with the Employment Development Department. Existing law requires any employment unit operating as a motion picture payroll services company that quits business to file with the director a final return and report of wages, as provided, and to notify the motion picture production companies and allied motion picture services of its intent to quit business, as provided. Existing law requires the employing unit's status to be applied to its affiliated entities, as defined. Existing law requires the director to notify an entity, as provided, that does not satisfy the requirements of a motion picture payroll services company, as provided, of the facts and circumstances upon which the determination was made. Existing law authorizes the department to make a specified report to the Legislature. Existing law repeals these provisions on January 1, 2012. This bill would delete the authorization of the department to make the report and the January 1, 2012, repeal date.
This measure would memorialize the Legislature's support for the school-based health center program authorized by the federal Patient Protection and Affordable Care Act, an appropriation by the United States Congress to fund this program, policies that include school-based health centers as a partner in creating a medical home for all children, and the inclusion of school-based health centers in the reauthorization of the federal Elementary and Secondary Education Act.
Existing law, the Power of Attorney Law, sets forth the authority of an attorney-in-fact, defined as a person who is granted authority to act for the principal in a power of attorney. Under existing law, the attorney-in-fact may be granted general authority to act on behalf of the principal and authority to act by incorporating powers by reference to other laws. Existing law requires express authority in the power of attorney in order for an attorney-in-fact to take specified actions, including creating, modifying, or revoking a trust and exercising the right to make a disclaimer on behalf of the principal. Other provisions of existing law, the Uniform Statutory Form Power of Attorney Act, set forth a form in which the principal designates the category of powers granted to the agent pursuant to the power of attorney, referred to as a statutory form power of attorney, and defines the extent of the powers so conferred on the agent. Under existing law, the provisions setting forth the authority of an attorney-in-fact are inapplicable to a statutory form power of attorney. This bill would, instead, apply the attorney-in-fact provisions to a statutory form power of attorney, except for those providing to the attorney-in-fact general authority and powers by reference to other laws. The bill would revise certain powers that require express authority in the power of attorney for their exercise by the attorney-in-fact, specifying that an attorney-in-fact may modify, revoke, or terminate a trust in whole or in part, but only as provided in the trust instrument, and that the attorney-in-fact may reject, disclaim, release, or consent to a reduction or modification of a share in, or payment from, an estate, trust, or other fund. The bill would also revise the statutory form power of attorney to notify the principal that it does not include all of the powers available under law for an attorney-in-fact and would revise the agent's power under a statutory form power of attorney with regard to insurance, annuity, and retirement plan transactions and estate, trust, and other beneficiary transactions. The bill would specify that the power of an agent under a statutory form power of attorney with respect to personal and family maintenance is not dependent on any other authority to make gifts on the principal's behalf and is not limited by any other limitation applicable to the agent's authority to make gifts on the principal's behalf.
This measure would proclaim the month of June to be June Dairy Month in California, in honor of the work of dairy producers in California, and would encourage all Californians to continue to support the American dairy industry by including dairy products as part of a healthy diet.
The California Constitution provides that the electors may propose statutes or amendments to the state constitution through the initiative process by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by a certain number of electors. This measure would require the Legislative Analyst to review an initiative measure not later than 15 days after its qualification for the ballot, and report the results of the review to the Secretary of State. This measure would prohibit an initiative measure that the Legislative Analyst determines would result in a net increase in state or local government costs exceeding $5,000,000, other than costs attributable to the issuance, sale, or repayment of bonds, from being submitted to the electors or having any effect unless the Legislative Analyst determines that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs. This requirement would provide for an annual adjustment to the amount of that cost threshold, and would not apply to, or have any effect on, an initiative measure that reduces tax revenues or fees.
This measure would recognize May 2011 as Asian and Pacific Islander American Heritage Month.
