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 purchased from a retailer for storage, use, or other consumption in this state. State sales and use tax revenues are transferred to the General Fund and to various special funds. Existing law provides various exemptions from those taxes. This bill would also exempt from those taxes from April 1 to and including April 30 of each year from 2010 to 2020, inclusive, the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, qualified renewable energy systems, as specified. The bill would make its operation contingent upon the adoption of greenhouse gas emission fees under the California Global Warming Solutions Act of 2006 and the appropriation by the Legislature of revenue from the fees sufficient to fully offset the revenue loss to the General Fund due to the exemption. 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 the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes enacted by the Legislature are incorporated into the those taxes. 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. This bill would take effect immediately as a tax levy.
Sponsored bills
Existing law, the California International Trade and Investment Act, specifies that the Governor is the primary state officer representing the state's interest in international affairs and the Business, Transportation and Housing Agency is the primary state agency responsible for international trade and investment activities in the state. Existing law requires the Office of Planning and Research to maintain, and update, a full and comprehensive list of all state agreements made with foreign governments, as provided. This bill would require the Governor to establish a memorandum of understanding to formalize a relationship between the state and Israel to foster technology development, business development, and educational opportunities in solar energy and environmental technology industries.
The Senior Citizens and Disabled Citizens Property Tax Postponement Law, until February 20, 2009, authorized a claimant, as defined, to file with the Controller a claim to postpone the payment of ad valorem property taxes, where household income, as defined, did not exceed specified amounts. Existing law authorized the Controller, upon approval of the claim, to either make payments directly to specified entities, or to issue the claimant a certificate of eligibility that constituted a written promise of the state to pay the amount specified on the claim, as provided. That law required these payments to be made out of amounts appropriated by the Controller, as specified. This bill would revise and recast the provisions of the Senior Citizens and Disabled Citizens Property Tax Postponement Law to, among other things, delete the Controller's authority, either to make payments directly to specified entities or to issue the claimant a certificate of eligibility, and would instead require the Controller to issue a property tax postponement payment on behalf of the claimant upon receipt of a specified verification from the county tax collector. This bill would authorize the Controller, upon appropriation by the Legislature, to use moneys in the Senior Citizens and Disabled Citizens Property Tax Postponement Fund, which this bill would create, to make property tax postponement payments. This bill would require all sums paid by the Controller to be secured by a lien, which has priority over all other subsequently filed liens. This bill would require the Controller to prescribe a maximum annual postponement loan amount, and would change the rate of interest for any deferrals made on or after January 1, 2010, as provided. This bill would also make conforming changes to The Senior Citizens Mobilehome Property Tax Postponement Law and The Senior Citizens Possessory Interest Holder Property Tax Postponement Law. Existing law, on and after February 20, 2009, prohibits a person from filing a claim for postponement, and prohibits the Controller from accepting applications for postponement, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law. This bill would repeal that provision. This bill would, for the 2009–10 and 2010–11 fiscal years, authorize the tax collector to cancel any delinquent penalties and interest owed by the claimant for those fiscal years if a postponement claim is filed timely, as specified. The Senior Citizens Tenant-Stockholder Property Tax Postponement Law authorizes a tenant-stockholder claimant, as defined, to file with the Controller a claim to postpone the payment of ad valorem property taxes, as provided. This bill would repeal that law and make conforming changes to related provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the State Energy Resources Conservation and Development Commission in the Natural Resources Agency. Existing law requires the commission, by January 1, 2008, to establish eligibility criteria for solar energy systems receiving ratepayer funded incentives, as specified. This bill would require the commission to administer a solar schools and nonprofits program to encourage schools, hospitals, and specified nonprofit public benefit corporations to install solar energy systems. The bill would require the program to seek to encourage the greatest number of installations while effectively generating electricity through renewable energy systems. As part of that program, the bill would require the commission to administer a grant and revolving loan program for the installation of solar energy systems by those entities. The bill would state the Legislature's intent that, upon appropriation, money from a specified settlement and delegated for energy efficiency retrofitting projects by that settlement be used for the program, consistent with the settlement.
Existing law requires that services provided by nonpublic, nonsectarian schools and agencies be made available to local educational agencies and parents for the purpose of providing alternative special education services to individuals with exceptional needs. Existing law requires a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs to certify in writing to the Superintendent of Public Instruction that the school satisfies various requirements, including, among others, that it will not accept a pupil with exceptional needs if it cannot provide or ensure the provision of the services outlined in the pupil's individualized education program (IEP) . This bill would revise that requirement regarding pupil acceptance to allow a nonpublic, nonsectarian school to accept a pupil if the local educational agency and the parent or guardian of the pupil agree that the pupil may be accepted when, on a temporary basis, the nonpublic, nonsectarian school cannot provide one or more of the services outlined in the pupil's IEP due to a shortage of qualified professionals.
Existing law establishes the Office of Gang and Youth Violence Policy within the Governor's Office of Emergency Services. Under existing law, that office is responsible for identifying, evaluating, and coordinating gang and youth violence suppression efforts throughout the state, as specified. This bill would require the Office of Gang and Youth Violence Policy to use federal money it receives from the American Recovery and Reinvestment Act of 2009 to provide grants to certified local conservation corps for programs that would expand and enhance opportunities for at-risk young adults and schoolage youth, as specified.
Existing law, the Sexual Assault Victims' DNA Bill of Rights, authorizes a law enforcement agency investigating certain felony sex offenses, upon the request of the victim, and subject to the commitment of resources, to inform the victim whether or not a DNA profile was obtained from the testing of the rape kit evidence or other crime scene evidence from the case, whether or not that information has been entered into the Department of Justice Data Bank of case evidence, and whether or not there is a match between the DNA profile developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Department of Justice Convicted Offender DNA Data Base, as specified. Existing law also requires that the victim be given written notification by the law enforcement agency if the law enforcement agency elects not to perform DNA testing of the rape kit evidence or other crime scene evidence, or intends to destroy or dispose of the rape kit evidence or other crime scene evidence prior to the expiration of the statute of limitations, as specified. Existing law provides that the sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency's failure to fulfill its responsibilities under the Sexual Assault Victims' DNA Bill of Rights is standing to file a writ of mandamus to require compliance with these notification provisions. This bill would require local law enforcement agencies responsible for taking or processing rape kit evidence to annually report to the Department of Justice statistical information pertaining to the processing of rape kits, as specified. The reports received would be subject to inspection under the California Public Records Act. These provisions would become inoperative on July 1, 2015, and would be repealed on January 1, 2016. By imposing additional reporting duties on local law enforcement agencies, this 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, 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.
Existing law establishes, within the California Automobile Assigned Risk Plan, a low-cost automobile insurance program. Existing law establishes the low-cost automobile insurance program in several specified counties and makes the expansion to all other counties in California subject to a determination of need made by the Insurance Commissioner following a public meeting, as specified. Existing law provides for the issuance of automobile liability policies pursuant to this program under specified terms and conditions, and provides that a policy so issued satisfies specified requirements regarding financial responsibility. Existing law provides that the low-cost automobile insurance program shall remain in effect only until January 1, 2011. This bill would name the program the "Martha Escutia and Jackie Speier low-cost automobile insurance program." The bill would also provide that the low-cost automobile insurance program would remain in effect until January 1, 2016.
(1) Existing law requires the Department of Toxic Substances Control to adopt regulations to prohibit an electronic device from being sold or offered for sale in this state if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, due to the presence of certain heavy metals. Existing law requires these regulations to take effect January 1, 2007, or on or after the date that the Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003 (Directive 2002/95/EC) , takes effect, whichever date is later. Existing law defines the term "electronic device," for purposes of those provisions, to have the same meaning, with reference to the Electronic Waste Recycling Act of 2003, as "covered electronic device" which is defined as a video display device that is identified by the department, pursuant to specified regulations, as a presumed hazardous waste when discarded. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime. This bill would require a manufacturer of an electronic device, at the request of the department, based on the department's reasonable cause, as the bill would define that term, to believe that a specific electronic device identified by the department is prohibited from sale, to prepare and submit to the department within 28 days of receipt of the request, documentation or other information typically maintained by the manufacturer's industry under Directive 2002/95/EC, showing that the electronic device specifically identified by the department and sold or offered for sale by that manufacturer is not prohibited from sale. The bill would authorize the department to extend the 28-day response time at the request of the manufacturer. The bill would require the department to treat as confidential any information that is a trade secret, as defined, that is provided to the department pursuant to the bill's requirements, and that is identified as a trade secret at the time of submission, in the same manner as the procedures adopted by the department with regard to hazardous waste handling and disposal. The department would be required to make available, pursuant to the California Public Records Act, any information that is not a trade secret or that is not identified as a trade secret. Because a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. (2) 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, the Uniform Anatomical Gift Act, regulates the making of anatomical gifts and the disposition of donated bodies and body parts. Existing law authorizes the creation of a nonprofit entity designated as the California Organ and Tissue Donor Registrar, which is required to establish and maintain the California Organ and Tissue Donor Registry. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver's license or a renewal of a driver's license or the issuance of an identification card, to provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the California Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Organ and Tissue Donor Registrar, and including a donor dot that may be affixed to the new driver's license or identification card. Existing law also provides that a person who applies for an original or renewal driver's license or identification card may designate a voluntary contribution of $2 for the purpose of promoting and supporting organ and tissue donation. Existing law authorizes the department to use these contributions to cover its actual administrative costs incurred pursuant to this organ and tissue donor registration program. This bill would authorize the department to use not more than $300,000 of the contributions collected under these mail in enrollment registration provisions per year to cover its related actual administrative costs. This bill would also require the department to add a graphic hyperlink to the confirmation page of vehicle registrations processed online in order to provide the option for drivers to connect to the state-authorized Donate Life California online California Organ and Tissue Donor Registry and would authorize a person, upon renewal of a vehicle registration online to designate a voluntary contribution, as specified, to the registry for the purpose of promoting and supporting organ and tissue donation.