Asm. Jim Silva

The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments. The acts defines various terms including, but not limited to, "condominium plan," "condominium project," "governing documents," and "stock cooperative" for the purposes of these provisions. This bill would make technical, nonsubstantive changes to these provisions.

Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation. Existing law authorizes the governing board of a school district to adopt rules specifying additional coursework requirements. Existing law requires each school district maintaining any of grades 7 to 12, inclusive, to offer to all otherwise qualified pupils in those grades a course of study that provides an opportunity for those pupils to attain entry-level employment skills in business or industry upon graduation from high school. This bill would prohibit a school district from adopting a graduation requirement that commences with the 2010–11 school year and requires the completion of additional coursework to meet or exceed the requirements and prerequisites for admission to a 4-year California public university unless the district also requires the completion of a sequence of at least 3 career and technical education courses. However, this provision would not apply to a school district that, by June 30, 2009, has adopted graduation requirements that require the completion of all minimum coursework necessary to meet the requirements and prerequisites for admission to a 4-year California public university. The bill also would make conforming and clarifying changes.

This measure would designate that January 18, 2010, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.

The California Constitution authorizes the Legislature to delegate to the Fish and Game Commission powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Game exercises various functions with regard to the taking of fish and game. This measure would establish the right to hunt and fish wildlife, as defined, subject only to statutes enacted by the Legislature and regulations adopted by the Fish and Game Commission to promote wildlife conservation and management. It would provide that public hunting and fishing, including the use of traditional methods, as defined, would be a preferred means of managing and controlling wildlife.

(1) The Personal Income Tax Law, in modified conformity to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, allows an exclusion from a taxpayer's income for the discharge of qualified principal residence indebtedness, as defined, if that debt is discharged after January 1, 2007, and before January 1, 2009, as provided. The Emergency Economic Stabilization Act of 2008 extended the operation of those federal provisions to debt that is discharged before January 1, 2013. This bill would provide further conformity to those federal acts, including allowance of the exclusion for debt that is discharged before 2013, as provided. (2) This bill would take effect immediately as a tax levy.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide support and services to individuals with developmental disabilities. Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are otherwise exempt from disclosure by state or federal law. This bill would expressly subject regional centers to the California Public Records Act, unless the records are otherwise exempt, by including regional centers in the definition of local agencies for the purposes of the act.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services, including mental health services. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. This bill would, subject to specified exceptions, commencing March 1, 2010, require the State Department of Mental Health to send a reimbursement claim to the Controller within 90 days after the receipt of a reimbursement claim from any fee-for-service county contractor, and would provide that interest shall accrue on an unpaid claim, as prescribed, commencing on the 91st day after receipt of the claim, except as provided.

Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates or the Legislature. Existing law provides that a local agency or school district is not required to implement or give effect to any statute or executive order, or portion thereof, that imposes a mandate during any fiscal year and for the period immediately following that fiscal year if the Legislature specifically identifies the statute or executive order, or the commission's test claim number, in the Budget Act, and that suspended mandate is included both within the schedule of reimbursable mandates shown in the Budget Act and is specifically identified in the language of a provision of the item providing the appropriation for mandate reimbursements. This bill would require the Director of Finance, on and after January 1, 2012, if the budget submitted by the Governor to the Legislature proposes a suspended reimbursable state mandate, as defined, to provide to the Legislature all proposed statutory changes necessary to repeal the suspended reimbursable state mandate. This bill would also require that a provision in the Budget Act that identifies a mandate for the fiscal year as one for which reimbursement is not provided to identify specifically, to the extent practicable, each affected law. The bill would provide that if a section of law is not specifically identified in the Budget Act, the suspension of that mandate would not be affected if the other requirements are met with regard to specifically identifying the mandate.

This measure would declare April 2010 as Financial Aid and Literacy Month to raise public awareness about the need for increased financial literacy.

The Personal Income Tax Law authorizes a credit against the taxes imposed by that law in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after March 1, 2009, and before March 1, 2010, but not to exceed an aggregate limitation of $100,000,000 for all credits allowable. Existing law requires a certification that the residence has never been occupied be provided to the Franchise Tax Board within one week of the sale of the qualified principal residence. This bill would limit the credit to taxpayers who purchased a qualified principal residence on and after March 1, 2009, and before July 3, 2009, and on and after the effective date of this bill and before March 1, 2010. This bill would also require the aggregate limitation of credits to be reduced by a specified amount per certification received by the Franchise Tax Board. (2) The bill would appropriate the sum of $44,000 from the General Fund to the Franchise Tax Board, in augmentation of a specified appropriation made in the 2009-10 Budget Act. (3) This bill would declare that it is to take effect immediately as an urgency statute.