Asm. Frank Bigelow

Existing law requires the Department of Fish and Wildlife, when income is derived directly from real property acquired and operated by the state as a wildlife management area, as defined, to pay annually to the county in which the property is located an amount equal to the county taxes levied upon the property at the time title to the property was transferred to the state, and any assessments levied upon the property by any irrigation, drainage, or reclamation district. This bill would appropriate $19,000,000 from the General Fund to the department to make payments to counties for unpaid amounts under these provisions. This bill would declare that it is to take effect immediately as an urgency statute.

The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions in computing the income that is subject to the taxes imposed by that law. This bill would allow a deduction in computing adjusted gross income for those amounts contributed to a Coverdell education savings account, up to $750 per taxable year, as provided. This bill would take effect immediately as a tax levy.

(1) Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of teacher evaluation procedures, and distribute such guidelines to every school district. This bill would require the state board to revise, update, and adopt guidelines that school districts may use in the development of teacher evaluation procedures by July 1, 2016. The bill would also require that the updated guidelines include a determination of a teacher's overall performance, as specified. (2) Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions. This bill would prohibit the state board from granting any waiver request by a governing board of a school district if the state board finds that the governing board of the school district is out of compliance with specified requirements relating to teacher evaluation. (3) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee's adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee's responsibilities. Existing law authorizes school district governing boards to develop and adopt additional evaluation and assessment guidelines or criteria. This bill would encourage the governing board of a school district to use peer observation and surveys of parents and pupils as part of the evaluation and assessment guidelines and criteria. (4) Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided. This bill would instead require an annual evaluation and assessment of the performance of a certificated employee. The bill would require the evaluation and assessment to include a determination of the teacher's performance, as specified. By requiring school districts to perform additional duties, this bill would impose a state-mandated local program. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2016, by a public school employer and an exclusive bargaining representative, the provisions shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. (5) This bill would update cross-references and would make other nonsubstantive changes. (6) 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.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing state board regulations require specified entities to comply with a market-based compliance mechanism beginning January 1, 2013, and require additional specified entities to comply with that market-based compliance mechanism beginning January 1, 2015. This bill would instead exempt those categories of persons or entities that did not have a compliance obligation, as defined, under a market-based compliance mechanism beginning January 1, 2013, from being subject to that market-based compliance mechanism through December 31, 2020. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. Existing law appropriates funding, in the annual Budget Act and in other statutes, from the state General Fund for the support of these segments. Existing law also authorizes these segments to require their students to pay mandatory systemwide fees and tuition, among other costs, for matriculation at these institutions. Proposition 30, known as the Schools and Local Public Safety Protection Act of 2012, was approved by the voters at the November 6, 2012, statewide general election and, among other things, increases personal income tax and sales and use tax rates and provides revenue for public elementary and secondary schools and community colleges. This bill would express a finding and declaration of the Legislature, and express the intent of the Legislature, relating to the enactment of Proposition 30 by the voters and to the provision of funding to the California State University, the University of California, and the California Community Colleges. The bill, from the 2015–16 fiscal year to the 2018–19 fiscal year, inclusive, would prohibit mandatory systemwide fees or tuition charged to students of the California State University from exceeding the level of the mandatory systemwide fees or tuition charged to students of the California State University for the 2014–15 fiscal year. The bill, from the 2015–16 fiscal year to the 2018–19 fiscal year, inclusive, would prohibit the mandatory systemwide fees charged to students of the California Community Colleges from increasing beyond the level of the mandatory systemwide fees charged to students of the California Community Colleges for the 2014–15 fiscal year. The bill, from the 2015–16 fiscal year to the 2018–19 fiscal year, inclusive, would prohibit the mandatory systemwide fees or tuition charged to students of the University of California from exceeding the level of the mandatory systemwide fees or tuition charged to students of the University of California for the 2014–15 fiscal year. (2) Existing law prohibits a campus of the California State University, or the Chancellor of the California State University, or both, from approving a student success fee before January 1, 2016. Existing law requires, during the 2014–15 fiscal year, the chancellor to conduct a review of the California State University Student Fee Policy relating to student success fees and to recommend to the Trustees of the California State University changes to the fee policy. This bill, commencing with the 2015–16 fiscal year, would prohibit the imposition of a student success fee at a campus of a segment of public postsecondary education unless the student success fee is approved by a favorable vote of 2 3 "?> a majority of those students voting at an election of the student body held at that campus within the preceding 48 months. (3) This bill would declare that it is to take effect immediately as an urgency statute.

In a fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account, existing law prohibits a school district's adopted or revised budget from containing a combined assigned or unassigned ending fund balance that is in excess of either 2 or 3 times the minimum recommended reserve for economic uncertainties adopted by the State Board of Education, depending on the school district's units of average daily attendance. Existing law authorizes the county superintendent of schools to waive the prohibition, pursuant to specified conditions, for up to 2 consecutive fiscal years within a 3-year period if the school district provides documentation indicating that extraordinary fiscal circumstances substantiate the need for the balance. This bill would repeal those provisions.

Existing law generally prohibits requiring write-in candidates for office to pay a fee or charge. Existing law requires other candidates to pay a filing fee or to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. This bill would require write-in candidates for a voter-nominated office who advance to the general election to pay the prescribed filing fee in order to appear on the general election ballot. This bill would also permit a candidate who alleges to be indigent and unable to pay the requisite fee to submit a statement of financial worth to the Secretary of State for consideration. This bill would require the Secretary of State to furnish the statement of financial worth to a candidate within a prescribed period and to determine whether a candidate who has submitted the statement is in fact indigent. This bill would require a candidate found not to be indigent to pay the filing fee within a prescribed time. This bill would also specify that a candidate found to be indigent is not required to pay the fee to appear on the ballot.

Existing law requires the State Board of Forestry and Fire Protection to adopt regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collection of fire prevention fees if there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available to the board and the Department of Forestry and Fire Protection for certain fire protection activities that benefit the owners of habitable structures in state responsibility areas who are required to pay the fee. Existing law further requires the board to submit an annual written report to the Legislature on specified topics relating to the fund. This bill would repeal these provisions.

Existing law makes it a misdemeanor to engage in disorderly conduct that delays or prevents a fire from being timely extinguished or to resist or interfere with the lawful efforts of a firefighter in the discharge of an official duty. Existing law makes it a misdemeanor to impede police officers, firefighters, emergency personnel, or military personnel, in the performance of their duties in coping with an emergency. This bill would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system, as defined, in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that fine and imprisonment. By creating a new crime, 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law defines the term "wild pig" for purposes of managing, taking, or hunting that species. The bill would also define "pigs" and prohibit the release of pigs into uncontrolled areas. The bill would provide that an area shall be deemed controlled if the pigs are regularly cared for and enclosed by a lawful fence, as defined. The bill would provide that an owner of a pig that escapes from a controlled area who has complied with this provision is not deemed to be in violation of any law that prohibits the release of any animal. (2) Existing law requires the Department of Fish and Wildlife to prepare a management plan for wild pigs and provides that funds deposited in the Big Game Management Account shall be available to the department to be used for, among other things, acquiring land, completing projects, and implementing programs to benefit specified game mammals. Existing law authorizes the department to make grants to reimburse or enter into contracts or other agreements with nonprofit organizations for these purposes. The bill would delete the requirement that the department prepare a management plan for wild pigs. The bill would also require an amount of not less than 25% and not more than 40% of funds appropriated to the department from revenue generated from the sale of wild pig validations to be used to remediate land damaged by wild pigs. The bill would also authorize the use of funds from this account for grants and reimbursement to, and contracts with, state and federal land management agencies for projects on lands that are open for hunting. (3) Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owner's employee or agent, as specified. Existing regulations prohibit a person with a hunting license and a wild pig tag from taking a wild pig between 12 hour after sunset and 12 hour before sunrise. This bill would revise and recast the provisions applicable to wild pigs by, among other things, replacing the wild pig tag requirement with a validation on the hunting license that would allow for the unlimited take and possession of wild pigs. The bill would set the price of a wild pig validation at $15 for residents and $30 for nonresidents. The bill would prohibit the taking of wild pigs at night unless the department is notified by 3:00 p.m. prior to the planned take or, if the daylight hours before the planned take are not on a business day, by 3:00 p.m. of the last business day before the planned take and the person taking the wild pig possesses a valid hunting license. The bill would provide that the notification provided for the planned take under these provisions applies to the night designated in that notification and the six nights following. The bill would authorize landowners and lessees and their agents to take wild pigs on land owned or leased by the landowner or lessee without obtaining a hunting license, wild pig validation, or depredation permit if certain conditions exist. (4) The bill would make other technical and conforming changes to these provisions. (5) Because the bill would create new crimes, it would impose a state-mandated local program. (6) 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.