Asm. V. Manuel Pérez

This measure would recognize the 25th anniversary of the California Vietnam Veterans Memorial on November 23, 2013, and encourage all Californians to take part in ceremonies, organized by the California State Council of Vietnam Veterans of America along with assistance from the Department of Veterans Affairs and other veterans service organizations. This measure would call upon the state archives to display memorabilia in a special display on the Vietnam War, as provided, the California State Military Museum to prepare and display exhibits on the Vietnam War, as provided, and the Department of Veterans Affairs to add names to the memorial, as provided.

This measure encourages the California Community Colleges, the California State University, and the University of California to consider and adopt the American Council on Education credit recommendations to give veterans due credit for their military experience.

(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act specifically provides that a regulation or order of repeal required to be filed with the Secretary of State shall become effective on the 30th day after the date of filing, subject to certain exceptions. This bill would instead provide that a regulation or order of repeal is effective on January 1, April 1, July 1, or October 1, as specified, subject to certain exceptions, including, but not limited to, specified regulations adopted by the Fish and Game Commission. (2) The act requires the Office of Administrative Law to make a free copy of the full text of the California Code of Regulations available on its Internet Web site. This bill would also require the office to provide on its Internet Web site a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness, as specified. (3) Existing law requires that every state agency subject to the act that maintains an Internet Web site or similar forum for the electronic publication or distribution of written material publish on that Internet Web site or other forum specified information regarding a proposed regulation or regulatory repeal or amendment. This bill would also require a state agency to post on its Internet Web site each regulation that is filed with the Secretary of State, as specified, and to send to the office the Internet Web site link of the regulation. The bill would not apply to a state agency that does not maintain an Internet Web site. This bill would also make a conforming change. This bill would incorporate additional changes in Section 116064 of the Health and Safety Code, proposed by AB 2114, to be operative only if AB 2114 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

This measure would declare December 12, 2012, as California Bullying Prevention Day, and would recognize the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of bullying prevention in California.

Existing law prohibits the State Board of Education from adopting instructional materials until the 2015–16 school year. This bill would authorize the state board to consider the adoption of a revised curriculum framework and evaluation criteria for instructional materials in history-social science. The bill would require the State Department of Education to conduct work necessary to revise the curriculum framework and evaluation criteria for instructional materials in history-social science only after it has completed work related to the development of curriculum frameworks for the common core academic content standards as provided by law.

Existing law exempts from certain requirements of the Hazardous Waste Control Law wastes from the extraction, beneficiation, or processing of ores and minerals, as defined, that are not subject to regulation under the federal Resource Conservation and Recovery Act of 1976. This bill would revise the definition of wastes from the extraction, beneficiation, or processing of ores and minerals to additionally include geothermal waste that are spent brine solutions used to produce geothermal energy meeting specified requirements.

This measure would urge the United States Postal Service to end its plan to reduce the frequency of mail delivery from 6 days to 5 days a week, and to take all appropriate measures to ensure the continuation of this 6-day mail delivery service.

This measure would proclaim August 15, 2012, as India's Independence Day, and would urge all Californians to join in celebrating India's independence.

This measure would declare that an applicant's immigration status should not be the determining factor in deciding whether to approve a license to practice law, would commend Sergio C. Garcia for his hard work and success, and would also commend the State Bar of California for its efforts to admit Sergio C. Garcia to the State Bar of California.

The Corporation Tax Law imposes taxes measured by income and, in the case of a business with business income derived from or attributable to sources both within and without this state, apportions the business income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to apportion its business income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. That law also provides that sales of tangible personal property and sales of other than tangible personal property are in this state in accordance with specified criteria. This bill, for taxable years beginning on or after January 1, 2012, would require a taxpayer, except as provided, to apportion its business income in accordance with a single sale factor and would allow a taxpayer to annually elect to apportion business income in accordance with the 4-factor formula, as provided. This bill also would revise the rules that determine whether a taxpayer is doing business in this state and would revise the provisions that determine whether sales other than tangible personal property occur in this state, including specific provisions for cable systems or networks. This bill would require any aggregate increase in revenues derived from its provisions less a specified amount, as provided, to be deposited into the Middle Class Scholarship Fund, which the bill would establish, and, upon appropriation by the Legislature, allocate those revenues for the purpose of increasing the affordability of higher education. This bill would become operative only if a specified measure is chaptered and establishes a middle-class scholarship program. This bill would declare that it is to take effect immediately as an urgency statute.