Asm. Travis Allen

The Banking Law provides for the formation and regulation of state organized banks, and makes it unlawful for any person, corporation, limited liability company, partnership, firm, or any other form of business entity allowed by law to engage in or transact commercial banking business, industrial banking business, or trust business within this state, except by means of a corporation duly organized for that purpose. This bill would make nonsubstantive changes to these provisions.

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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business, as defined, in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. Existing law requires every limited liability company subject to that annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources attributable to this state. Existing law requires every partnership to file a return that includes specified information, verified by a written declaration made under the penalty of perjury and signed by one of the partners, within a specified time period. This bill would exempt a limited liability company that is a qualified investment partnership, as defined, from that annual tax and fee by excluding it from the definition of a limited liability company. The bill would require that entity to submit a return under the conditions applicable to a partnership. This bill would take effect immediately as a tax levy.

Existing law requires the State Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee to be charged on each habitable structure, as defined, on a parcel that is within a state responsibility area. Existing law requires that the fee be levied upon the owner of a habitable structure identified by the department as located within the state responsibility area, if that person owns the habitable structure on July 1 of the year for which the fee is due. Existing law authorizes the board to exempt from the fire prevention fee any habitable structure that is subsequently deemed inhabitable as a result of a natural disaster during the year the fee is due, if certain conditions are met. This bill would require the board to reduce the amount of the fee to be charged on a habitable structure by an amount equal to the amount paid by the owner of the structure to a local fire district for fire prevention services during the year for which the fee is due, if the owner of the structure provides the board with written documentation of the amount paid to the local fire district for those services. The bill would require the board to adopt guidelines to clarify the type of written documentation the owner of a structure is required to provide to the board to receive a fee reduction pursuant to those provisions.

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, for taxable years beginning on or after January 1, 2015, would allow as a deduction under that law the lesser of (1) the amount contributed by a qualified taxpayer, as defined, to a qualified tuition program, as specified, or (2) $3,000 in the case of a qualified taxpayer who is single or is a married individual filing a separate return, and $6,000 in the case of a qualified taxpayer who is a married individual filing a joint return or an individual filing a head of household return. This bill would take effect immediately as a tax levy.

Existing law creates the High-Speed Rail Authority with specified powers and duties relating to the development and implementation of an intercity high-speed train system. Existing law authorizes the authority to acquire rights-of-way through purchase or eminent domain. Existing law sets forth the process for acquisition of property by eminent domain, including a requirement for adoption of a resolution of necessity. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, authorizes $9.95 billion in general obligation bonds for high-speed rail development and other related purposes. Existing law, for purposes of the bond act, defines "usable segment" as a portion of a corridor, as defined, that includes at least 2 stations. This bill would prohibit the authority, or the State Public Works Board acting on behalf of the authority, from adopting a resolution of necessity to commence an eminent domain proceeding to acquire a parcel of real property along a corridor, or usable segment thereof, for the high-speed train system unless the resolution identifies the sources of all funds to be invested in the corridor or usable segment and the anticipated time of receipt of those funds, and certifies that the authority has completed all necessary project level environmental clearances necessary to proceed to construction. The bill, for these purposes, would instead define "usable segment" as a portion of a corridor, as defined, that includes at least 2 stations and shall be used to operate high-speed train service, as specified.

Existing law require the Public Utilities Commission, on or before January 1, 2010, and biennially thereafter, in consultation with the Independent System Operator and the State Energy Resources Conservation and Development Commission, to study, and submit a report to the Legislature and the Governor, on the impacts of distributed energy generation on the state's distribution and transmission grid. This bill would make a technical, nonsubstantive revision to this requirement.

Existing law requires the State Department of Public Health to conduct a program for the control of high blood pressure. Existing law makes findings and declarations regarding the necessity of establishing that program. This bill would make technical, nonsubstantive changes to those findings and declarations.

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 instead would exempt 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.

Existing law prohibits, subject to exceptions, specified acts of animal abuse including, among others, the malicious and intentional maiming, mutilation, torture, or wounding of a living animal. Under existing law, a violation of those provisions is punishable as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years, or by a fine of not more than $20,000, or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than $20,000, or by both that fine and imprisonment. This bill would require a person who violates the animal abuse prohibitions described above to be punished by a fine of not more than $5,000 for each violation, in addition to the fines described above. The bill would require those additional fines to be paid to the local public animal control agency that has jurisdiction over the location where the violation occurred. The bill would authorize the agency to use the moneys paid as a fine to compensate a person who incurs costs for the animal's medical care, rehabilitation, or recovery, if the owner or caretaker of the animal was the person who violated the animal abuse prohibitions described above. The bill would also require, in addition to any other penalty provided by law, a person who violates the animal abuse prohibitions described above in a rehabilitative facility for animals to pay for and successfully complete an appropriate counseling course, as determined by the court, designed to evaluate and treat behavior or conduct disorders. The bill would define "rehabilitative facility for animals" for these purposes as a facility at which medical care or rehabilitative services are provided to animals, including, but not limited to, an animal sanctuary, animal shelter, or aquarium. By increasing the penalties for existing crimes and increasing the duties of a public animal control agency relative to the use of the moneys paid as a fine, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.