(1) Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles to be licensed by the Department of Motor Vehicles. Under existing law, it is unlawful for a manufacturer, manufacturer branch, distributor, or distributor branch to, among other things, dishonor a warranty, rebate, or other incentive offered to the public or a dealer, as specified, or to unfairly discriminate in favor of a dealership owned or controlled, in whole or part, by a manufacturer or an entity that controls or is controlled by a manufacturer or distributor. This bill would make it unlawful for a manufacturer, manufacturer branch, distributor, or distributor branch, after written demand, to fail to repurchase a noncompliant new motorcycle, all-terrain vehicle, or item of related merchandise originally purchased by a franchisee from the manufacturer or from another franchisee. The bill would require that the repurchase price be the original dealer cost charged by the manufacturer or distributor plus any charges made by the manufacturer or distributor for vehicle distribution or delivery and the cost of any dealer-installed original equipment. The bill would provide that these provisions would not apply to products originally delivered by the manufacturer or distributor to a dealer more than 24 months prior to the repurchase demand. (2) Under existing law, a violation of the above provisions relating to occupational licensing and business regulations in the Vehicle Code is a misdemeanor. Because the bill would create a new crime, it would impose a state-mandated local program. (3) 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.
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Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law provides that a person or public or private entity who is not a party to a claim for workers' compensation benefits may not obtain individually identifiable information, as defined, that is obtained or maintained by the Division of Workers' Compensation of the Department of Industrial Relations on that claim, except as specified. This bill would authorize the Department of Insurance to use individually identifiable information for purposes of investigating and prosecuting insurance fraud.
Existing law states that the Legislature recognizes that all pupils need to be provided with opportunities to explore and make career choices and to seek appropriate instruction and training to support those choices. Existing law also states that the Legislature finds that fairs as community resource and youth leadership activities are integral to assisting and guiding pupils in making choices and therefore encourage the further expansion of cooperative activities between schools, youth leadership activities, and community resources. The State Department of Education is required to annually encourage school districts to plan programs and activities that use the resources of fairs and youth leadership activities as an integral part of the vocational instructional program and career decisionmaking. Existing law authorizes career technical training to be a part of a program of national defense of the federal government or any agency of the federal government. This bill would require a school that offers a career fair to its pupils to allow military recruiters access to that career fair to the same extent that it allows other persons and entities access to the fair.
(1) Existing federal law requires schools and educational agencies receiving federal financial assistance to comply with specified provisions regarding the release of pupil data. State law prescribes additional rules relating to the authorized release of pupil data. Under existing law, the State Department of Education is required to contract for the development of proposals to provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to the Standardized Testing and Reporting Program (STAR) , the English language development tests, and the high school exit exam. This longitudinal achievement data, known as the California Longitudinal Pupil Achievement Data System, is required to be used to accomplish specified goals, including providing school districts and the department access to the data necessary to comply with federal reporting requirements, as specified, providing a better means of evaluating educational progress and investments over time, providing local educational agencies with information that can be used to improve pupil achievement, and providing an efficient, flexible, and secure means of maintaining longitudinal statewide pupil data. This bill would require the State Chief Information Officer to manage the data of local educational agencies through the California Longitudinal Pupil Achievement Data System. The bill would authorize local educational agencies to share data with each other through the California Longitudinal Pupil Achievement Data System. The bill would require the State Chief Information Officer to establish a pupil data team composed of specified persons to provide input and make recommendations to the State Chief Information Officer regarding policy and procedures, including, but not limited to, the functionality of the California Longitudinal Pupil Achievement Data System data and response to requests for data. The pupil data team would be required to comply with specified requirements. (2) Under the Information Practices Act of 1977, state agencies are prohibited from disclosing any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless specified conditions are met. Existing law authorizes state agencies to release personally identifiable data to the University of California or a nonprofit educational institution conducting scientific research, provided the request for information is approved by the Committee for the Protection of Human Subjects (CPHS) for the California Health and Human Services Agency. Existing law authorizes the CPHS to enter into written agreements to enable other institutional review boards to provide the required data security approvals, as specified. This bill would require the State Chief Information Officer to establish an institutional review board to review and respond to all requests for individually identifiable data, if authorized to do so by the CPHS. The bill would require the institutional review board to comply with specified requirements to protect individually identifiable data. The bill would require the State Chief Information Officer to adopt regulations to establish detailed criteria and procedures for the institutional review board to review and respond to data requests. The bill would require the entity charged with governing the California Longitudinal Pupil Achievement Data System to make available to the public an online query tool for the purpose of facilitating online searches for aggregate data.
Existing law authorizes the Public Utilities Commission to supervise and regulate every public utility in the state, including electrical corporations, and to fix just and reasonable rates and charges for the public utility. This bill would declare the intent of the Legislature to establish policies to reform the regulation of electricity rates for nonresidential customers.
Existing law requires all pupils who are not otherwise exempt to attend courses in physical education for a total period of time of not less than 400 minutes each 10 schooldays. This bill would authorize the governing board of a school district to exempt any high school pupil from courses in physical education if the pupil participates in California Cadet Corps, cheer team or dance team, color guard or drill team, Junior Reserve Officer Training Corps, or marching band as part of the regular course of study or regular school-sponsored extracurricular activities. The bill would specify minimum standards for the physical education substitute courses, require that a certificated employee teach the course of study or sponsor the activity, and make other technical and clarifying changes.
(1) Existing law provides for a public postsecondary education system in this state. This system includes the University of California, which is administered by the Regents of the University of California, and the California State University, which is administered by the Trustees of the California State University. This bill would request the regents, and require the trustees to submit information regarding the number of students who graduated for the most recent academic year, and the number of students who left school without graduating, as part of the annual enrollment growth reports required by the annual Budget Act. (2) Existing law requires the Governor's Budget to be submitted to the Legislature within the first 10 days of each regular session. Existing law requires the Governor's Budget to be prepared in compliance with guidelines and instructions adopted by the Department of Finance. This bill would require the department, before the submission of the Governor's Budget, to develop projections for enrollment at the University of California and the California State University that are based on the number of students expected to graduate from high school in the ensuing fiscal year.
Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. Regulations adopted by the state board require an Enhanced Vapor Recovery Phase II upgrade by April 1, 2009, as provided. This bill would prohibit the state board from requiring a gasoline dispensing facility owned or operated by a local government that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the CalWORKs program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. This bill would require the district attorney's office in the county of residence of an applicant for aid, within 10 days of the applicant's preliminary approval, to arrange for an authorized investigator to conduct a home call, consisting of a brief interview with the applicant and walk-through of the applicant's residence. The bill would require the district attorney's office to report its findings to the appropriate county officials prior to final approval of aid for the applicant. By increasing the duties of district attorneys and county public assistance agencies, 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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 Sales and Use Tax Law imposes a tax on the gross receipts from the sale of tangible personal property sold at retail in this state, or on the sales price of tangible personal property purchased from a retailer for the storage, use, or other consumption of that property in this state. That law defines the terms "gross receipts" and "sales price." This bill would provide, for purposes of that law, that the terms "gross receipts" and "sales price" do not include the value of a motor vehicle traded in for a new motor vehicle, including a new motorcycle, if the value of the trade-in motor vehicle is separately stated on the new motor vehicle invoice or bill of sale or similar document provided to the purchaser. Counties and cities are authorized to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and districts are authorized to impose transactions and use taxes in conformity with Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.