Asm. Jeff Gorell

This measure would designate November 2012 as California Sikh American Awareness and Appreciation Month. It would recognize and acknowledge the significant contributions made by Californians of Sikh heritage to the state and afford all Californians the opportunity to understand, recognize, and appreciate the rich history and shared principles of Sikh Americans.

The Sales and Use Tax Law imposes a tax on retailers measured by the 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. That law, with certain exceptions, defines a retailer as a seller who makes any retail sale of tangible personal property and as a person who makes more than 2 retail sales of tangible personal property during any 12-month period, and defines a retail sale as a sale of tangible personal property for any purpose other than resale in the regular course of business. Existing law, from September 6, 2011, to January 1, 2022, provides that a qualified itinerant vendor, as defined, is a consumer, and not a retailer, of tangible personal property owned and sold by the qualified itinerant vendor, except for alcoholic beverages or items sold for more than $100, so that the retail sale subject to tax is the sale of tangible personal property to the qualified itinerant vendor. This bill would apply this provision beginning on and after January 1, 1986. This bill would make findings regarding the public purpose served by the bill. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill.

The State General Obligation Bond Law provides procedures for use in authorizing the issuance and sale and providing for the repayment of state general obligation bonds. This bill would incorporate into the State General Obligation Bond Law a provision that provides that if the Department of Finance determines that funds from a bond act are expended for a purpose not authorized by the bond act, and the entity that is authorized to allocate funds from the sale of bonds does not take the corrective action or measure prescribed by the department within 60 days of receiving notice of the corrective action or measure from the department, then the Department of Finance may prohibit the entity that was responsible for the unauthorized use from allocating any additional funds from the sale of those bonds. The bill would provide that its provisions apply only to the allocation of funds that are authorized under a bond act that is adopted on or after January 1, 2013.

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.

This measure would declare the week of June 4 to June 10, 2012, inclusive, to be Dropout Recovery Week, and would state the Legislature's intent to encourage the support of dropout recovery high schools with creative teaching strategies, alternative assessments, and adequate resources.

Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Existing law requires the rules and regulations of these healing arts boards to provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of the particular profession or vocation regulated by the board. Under existing law, the Department of Veterans Affairs has specified powers and duties relating to various programs serving veterans. This bill would require, by January 1, 2014, and annually thereafter, every healing arts board to issue a specified written report to the Department of Veterans Affairs and the Legislature, as specified, that clearly details the methods of evaluating the education, training, and experience obtained in military service and whether that education, training, and experience is applicable to the board's requirements for licensure. The bill would declare the intent of the Legislature in this regard.

Under existing law, when a person consults a mediator or mediation service for the purpose of retaining mediation services, or when parties agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a civil dispute, anything said in the course of the consultation for mediation services or in the course of the mediation is not admissible in evidence nor subject to discovery in any other action or proceeding. This bill would require the California Law Revision Commission to study and report to the Legislature, as specified, concerning the relationship under current law between mediation confidentiality and attorney malpractice and misconduct, as well as the availability and propriety of contractual waivers.