Asm. Mike Davis

The Personal Income Tax Law and the Corporation Tax Law, in modified conformity to federal income tax laws, allow a charitable contribution deduction in computing tax liability. This bill would, for a cash contribution made after January 11, 2010, and before March 1, 2010, for the relief of victims in areas affected by the earthquake in Haiti on January 12, 2010, authorize taxpayers to treat that contribution as if it were made on December 31, 2009, and not in 2010. This bill would take effect immediately as a tax levy.

This measure would recognize the month of February 2010 as American Heart Month in California, would recognize February 4, 2010, as Wear Red Day in California, and would urge public support for Go Red for Women events.

This measure would proclaim January 13, 2010, as Korean-American Day.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical, gas, water, and telephone corporations. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law directs the commission to require every electrical, gas, telephone, and water corporation with annual gross revenues exceeding $25,000,000, and their regulated subsidiaries and affiliates, to implement a program developed by the commission to encourage, recruit, and utilize minority-, women-, and disabled veteran-owned business enterprises, as defined, in the procurement of contracts from those corporations or from their regulated subsidiaries and affiliates, and to require the reporting of certain information. This bill would require the commission to compile and make publicly available a comprehensive list of corporate responsibility principals to be followed by all public utilities whose rates and charges are regulated under rate-of-return regulation by the commission. This bill would require that a public utility whose rates and charges are regulated under rate-of-return regulation by the commission, with annual gross revenue of $50,000,000 or more, report by April 1 of each year, to the Legislature and the commission, and make publicly available on a company Internet Web site certain information relative to employee and executive compensation. The bill would require the commission to annually poll 1,000 ratepayers within the service territory of the public utility to obtain an advisory opinion on the ratepayers' views of the executive compensation paid by the public utility and report those views to the public utility and the Legislature and make the results available, in summary form, on the commission's Internet Web site. The bill would require the commission to consider the information in any ratemaking case involving the public utility and in any merger or acquisition involving the public utility, and include findings relative to this information in the decision of the commission. This bill would require the commission to consider corporate philanthropy when considering any ratemaking case, or merger or acquisition of a public utility whose rates and charges are regulated under rate-of-return regulation by the commission, with annual gross revenue of $50,000,000 or more and to include information relative to the public utility's philanthropy in the utility's triennial general ratemaking case. This bill would require the commission to require any public utility whose rates and charges are regulated under rate-of-return regulation by the commission, to gather data by ethnicity and gender for labor, management, and executive employees, and for the board of directors, and submit this information by April 1 of each year, to the Legislature and the commission, and to make the information publicly available on a company Internet Web site. This bill would require the commission to include information on a public utility's compliance with the program developed by the commission to encourage, recruit, and utilize minority-, women-, and disabled veteran-owned business enterprises in any decision in a ratemaking case, or involving a merger or acquisition involving the public utility. This bill would require the commission, for any public utility whose rates and charges are regulated under rate-of-return regulation by the commission, with annual gross revenue of $50,000,000 or more, to schedule hearings for the convenience of ratepayers in the community of affected ratepayers to ensure that ratepayers have reasonable notice of any proceeding of the commission that may have a substantial effect upon the rates and charges of a public utility and have a reasonable opportunity to participate in the proceeding. The bill would require the commission to establish a procedure whereby newspapers and other media sources may request notices of hearings and proceedings and would require the commission to consider the comments of ratepayers in reaching any decision in the proceeding. This bill would require the commission to annually make available on its Internet Web site, a summary of the disposition of all credible local, state, federal, and international rulings relating to a public utility's corporate responsibilities, including any disciplinary or enforcement activity with respect to the public utility. The bill would require the commission to consider this information in any proceeding involving the public utility, and would authorize the commission to order any remediatory action be taken that is determined to be reasonable, as a condition for approving any rate increase, merger, acquisition, or other approval by the commission. The bill would require the commission, by April 1 of each year, to report to the Legislature and make publicly available on the commission's Internet Web site, a summary of all actions taken by the commission relative to a public utility's corporate responsibilities pursuant to the above-described requirements, and to include a summary of the effect of the commission's actions on the interests of ratepayers. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 provides for the licensure of child day care centers, including centers that provide preschool services. Existing law states the intent of the Legislature that all families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. This bill would require the State Department of Education to post, by January 1, 2011, specified data relating to early childhood education on its DataQuest Internet Web site, and any successor system. This data would be required to be updated at least every 2 years.

Existing law establishes various statewide housing and community development plans and projects. Existing federal law establishes a Neighborhood Stabilization Program that assists state and local governments in redeveloping abandoned and foreclosed upon homes. This bill would declare the intent of the Legislature to enact legislation that directs a portion of the federal program's funding to accomplish specified objectives relating to the building and green-collar trades, the provision of affordable, energy-efficient housing, and the revitalization of low -to moderate-income areas.

Existing law requires, until January 1, 2013, an operator of a store, as defined, to establish an at-store recycling program that provides to customers the opportunity to return clean plastic carryout bags to that store. Existing law imposes various requirements on at-store recycling programs, including requiring a store to maintain records describing the collection, transport, and recycling of plastic carryout bags collected by the store. Existing law also requires, until January 1, 2013, the manufacturer of plastic carryout bags to develop educational materials to encourage the reducing, reusing, and recycling of plastic bags and make those materials available to stores required to comply with the program. This bill would instead prohibit, on and after July 1, 2010, a store, as defined, from providing a single-use carryout bag, including a green carryout bag, to a customer unless the store charges a fee of not less than $0.25 per bag at the point of sale. The bill would exempt certain customers from paying the fee. The bill would establish the Bag Pollution Fund in the State Treasury and, by January 31, 2011, would require a store that collects the single-use carryout bag fees to remit the fees, less a specified amount to be used as required, to the State Board of Equalization for deposit in that fund, and do so on a quarterly basis thereafter. This bill would instead require the manufacturer of a single-use carryout bag to develop educational materials to encourage the reducing, reusing, and recycling of single-use bags and make those materials available to stores required to comply with the program. The bill would require moneys in the fund, upon appropriation by the Legislature, to be expended by the Integrated Waste Management Board (board) as specified, including, but not limited to, for administrative costs, developing and implementing programs to encourage and support mitigating the environmental effects of single-use carryout bags, and payments to cities and counties for activities to reduce and prevent single-use carryout bag litter and the environmental impacts of single-use carryout bags. The bill would require the board to administer and enforce the single-use carryout bag provisions and would require the State Board of Equalization to administer and collect the fees imposed on those bags. The bill would require the board to submit a biennial report to the Legislature, in coordination with other state agencies and stakeholders, on the effectiveness of the program and recommendations to further encourage the use of reusable bags.

Existing law authorizes any agency, commission, or board provided for by a joint powers agreement to issue revenue bonds to pay the cost and expenses of acquiring or constructing a project or conducting a program for the purposes of a coliseum, a stadium, a sports arena or sports pavilion or other building for holding sports events, athletic contests, contests of skill, exhibitions, spectacles, and other public meetings, among others. This bill would state the intent of the Legislature to enact legislation that will require a study of the impact of local government incentives to recruit, retain, and maintain professional sports franchises in California cities and counties and the impact of losing professional sports franchises upon localities which have incurred debt to recruit, retain, and maintain those professional sports franchises.

Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. Existing law requires the California State University to offer undergraduate and graduate instruction through the master's degree in the liberal arts and sciences and professional education, including teacher education. This bill would authorize the California State University to award the Doctor of Nursing Practice degree. The bill would distinguish the Doctor of Nursing Practice degree from the doctor of philosophy degree offered at the University of California. The bill would require the Doctor of Nursing Practice degree program to be designed to enable professionals to earn the degree while working full time, train nurses for advanced practice, and prepare clinical faculty to teach in postsecondary nursing programs. The bill would require initial funding to come from existing budgets, without diminishing the quality of undergraduate programs or reducing enrollment therein. The bill would require the California State University to annually report on the status of the Doctor of Nursing Practice degree program, as specified.

Existing law establishes various programs for the prevention of disease and the promotion of health to be administered by the State Department of Public Health. Existing law also contains provisions for the licensing and regulation of health professionals. Existing law requires the department to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of these provisions is a crime. This bill would require health professionals, as defined, to report serious adverse drug events, as defined, to the federal Food and Drug Administration and would exempt violations from related criminal provisions.