The Corporation Tax Law imposes on every bank and specified financial corporations doing business in the state a tax according to or measured by net income, as provided. That law defines net income as gross income, computed as provided, less allowable deductions. That law also provides various exclusions from gross income. Under that law, when the income of a taxpayer subject to a tax under the Corporation Tax Law is derived from or attributable to sources both within and without the state, the tax is required to be measured by the net income derived from or attributable to sources within the state in accordance with specified procedures. Under that law, 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, which includes savings and loan activities and banking or financial business activities, business income is apportioned in accordance with a 3-factor formula. Under the 3-factor formula, the specified apportioning trade or business is required to multiply business income by a fraction, the numerator of which is the property factor plus the payroll factor plus the sales factor, and the denominator of which is 3. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would require, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, a qualified taxpayer that apportions its business income under the 3-factor formula described above to exclude the amount of qualified interest income from its calculation of the sales factor under the 3-factor formula. The bill would define a qualified taxpayer as a bank or financial corporation, as defined, that generates business income that is derived from or attributable to sources within and without this state and that is determined pursuant to the 3-factor formula. The bill would define qualified interest income as interest income that a qualified taxpayer generates on a qualified loan, as defined, during the taxable year and that would be subject to apportionment under the 3-factor formula but for the application of the bill's provisions. This bill would also provide that, for taxable years beginning on or after January 1, 2022, gross income does not include the amount of qualified interest income, which is defined as interest income that a qualified taxpayer generates on a qualified loan during the taxable year, generated by the qualified taxpayer. The bill would define a qualified taxpayer for this purpose as a bank or financial corporation that generates business income that is solely derived from or attributable to sources within this state. This bill would provide findings to comply with the additional information requirement for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
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Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello) . This bill would generally repeal provisions relating to the "ABC" test for various specified occupations and business relationships. The bill would, instead, require the determination of whether a person is an employee or an independent contractor to be based on the specific multifactor test set forth in Borello, including whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired, and other identified factors. The bill would make related, conforming changes.
Existing law regulates the disclosure of personal information related to, among others, social security numbers, business records, drivers license numbers, medical information, and credit reporting information. Existing law prohibits discrimination against a person on certain characteristics, including, among others, disability, medical condition, and genetic information, as specified. Existing law also prohibits compelling a person in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual who is the subject of an HIV test, except as specified. Existing federal law, the Federal Food, Drug, and Cosmetic Act, authorizes the United States Secretary of Health and Human Services to authorize the introduction into interstate commerce of a drug, device, or biological product, including, among others, a vaccine, intended for use in an actual or potential emergency if the Secretary has made a declaration that the circumstances exist justifying that authorization on the basis of a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, as specified. On February 4, 2020, the Secretary determined there was such a public health emergency involving the novel coronavirus that causes the illness Coronavirus Disease 2019 (COVID-19) . On the basis of that determination, the Secretary on March 27, 2020, declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic. Since December 11, 2020, the federal Food and Drug Administration, under authority delegated to it by the Secretary, has issued emergency use authorizations for 3 vaccines for the prevention of COVID-19. This bill would prohibit state agencies, local governments, and any other state governmental authority from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. By prohibiting local governments from adopting or enforcing such measures, this bill would impose a state-mandated local program. The bill would prohibit any public or private entity that receives or is awarded state funds through any means, as specified, from requiring a member of the public to provide, as a condition of receipt of any service or entrance to any place, documentation regarding the person's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. The bill would make related findings and declarations. 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 the statutory provisions noted above.
Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, under the administration of the Student Aid Commission, establishes specified grant awards for students of qualifying postsecondary educational institutions, and establishes eligibility requirements and maximum levels for those awards, as provided. This bill would establish a program entitled Cal Grant K–12 under the administration of a scholarship-granting organization for purposes of receiving donations and granting scholarships to pupils meeting certain requirements, including being in kindergarten or any of grades 1 to 12, inclusive, to be used for qualified educational expenses, as defined, and including certain expenses associated with online learning. The bill would authorize private schools and education service providers, including local educational agencies, to participate under the program. The bill would require the scholarship-granting organization to administer the program by, among other things, establishing and publicizing an application process, selecting eligible pupils, allocating grants, overseeing pupil accounts, developing a system to allow access to account funds by electronic means, and demonstrating financial accountability to the California Department of Tax and Fee Administration. The bill would impose certain requirements on parents, pupils, private schools, and education service providers as a condition of participating in the program. The Personal Income Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill, for taxable years beginning on or after January 1, 2022, would exclude from gross income for purposes of the Personal Income Tax Law the amount of any scholarship payment received by the taxpayer, or a dependent of the taxpayer, pursuant to the Cal Grant K–12. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2022, for qualified contributions made during the taxable year to the scholarship-granting organization for purposes of the Cal Grant K–12. The bill would allow the portion of the credit that exceeds the taxes owed for the taxable year to be carried over for 3 years. Existing law requires a bill that would authorize a new tax expenditure under the Personal Income Tax Law or the Corporation Tax Law to identify specific goals, purposes, and objectives that the tax expenditure will achieve, and detailed performance indicators and data collection requirements for determining whether the tax expenditure achieves these goals, purposes, and objectives. This bill would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new tax expenditure.
Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, a special fund in the State Treasury. That fund is continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. Existing law establishes, within the above state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work for prescribed purposes, including to bond with a minor child within the first year of the child's birth or placement in connection with foster care or adoption (bonding leave) . This bill would expand eligibility for benefits under the paid family leave program by expanding bonding leave relating to a child's birth to include leave for a parent who was pregnant with a child, if the child dies unexpectedly during childbirth at 37 weeks or more of pregnancy. By authorizing expenditures from the Unemployment Compensation Disability Fund for a new purpose, this bill would make an appropriation.
The Personal Income Tax Law and the Corporation Tax Law, in modified conformity with federal law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would exclude, under both laws, from gross income the amount of a grant awarded pursuant to the California Small Business COVID-19 Relief Grant Program. This bill would take effect immediately as a tax levy.
Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including administration of the unemployment and disability insurance programs for California. Existing law requires the department to pay unemployment compensation benefits to unemployed individuals meeting specified requirements, to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program, and to report to the Legislature, as specified. Under existing law, unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. This bill would establish the Unemployment Insurance Reform Project to be administered by the Director of Employment Development. Under the bill, the Employment Development Department would be required to comply with various reporting and review processes. In this regard, the bill would require the department to report specified information regarding overpayments at least once every 6 months on its internet website, to immediately perform a risk assessment of its deferred workloads, and to develop a workload plan that prioritizes its deferred workloads based on that risk assessment. The bill would require the department to develop a recession plan so that it is well prepared to provide services during future economic downturns, as specified. The bill would require the department to, by March 1, 2021, revise its public dashboards with regard to the number of backlogged claims, as specified. This bill would require the department to convene a working group to assess the lessons learned from claim surges and identify the processes that the department can still improve and issue a report by January 1, 2022, as specified. The bill would require the department, by June 1, 2021, to determine the reasons that claimants cannot successfully complete their identity verification, as specified, and to identify the elements of the Benefit System Modernization that can assist the department in making timely payments. This bill would require the department to, by May 1, 2021, implement a formal policy that establishes a process for tracking and periodically analyzing the reasons why unemployment insurance claimants call for assistance and, by October 1, 2021, and every 6 months thereafter, to analyze this data to improve its call center. Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund for new purposes, the bill would make an appropriation.
(1) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources of emissions of greenhouse gases. Existing law authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project. This bill would continuously appropriate $480,000,000 and $20,000,000 to the Department of Forestry and Fire Prevention and the California Conservation Corps, respectively, for fire prevention activities, as provided. (2) The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. Existing law, until January 1, 2022, authorizes the State Board of Forestry and Fire Protection to exempt from the requirements of that act a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person's property that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuelbreak for a distance of not more than 300 feet on each side from an approved and legally permitted habitable structure, when that cutting or removal is conducted in compliance with certain requirements. This bill would extend the state board's authorization to provide for the above exemption indefinitely. The bill would extend the distance of the fuelbreak to not more than 500 feet. (3) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would exempt from the requirements of CEQA projects or activities related to forest health and fuel reduction that involve thinning overgrown brushes or trees 10 inches or less in diameter by mechanical thinning, pile burning, prescribed fire, and grazing. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. (4) 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, commencing on January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individual's social security number unless the number is truncated to its last 4 digits or in specified circumstances, including when federal law requires inclusion of the social security number or when documents are mailed to a current or prospective state employee. This bill would instead require state agencies, as soon as is feasible, but no later than January 1, 2023, to stop sending any outgoing United States mail to an individual that contains the individual's social security number unless the number is truncated to its last four digits, except in specified circumstances. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.