The Corporation Tax Law defines fiscal year to mean an accounting period of 12 months or less ending on the last day of any month other than December. This bill would make technical, nonsubstantive changes to that provision.
(1) Existing law states that the theft of a firearm is grand theft, punishable as a felony by imprisonment in the state prison for 16 months, or 2 or 3 years. The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, notwithstanding these provisions, instead requires the theft of property that does not exceed $950 to be considered petty theft, and makes the crime punishable as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would make the theft of a firearm grand theft in all cases, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. (2) Under existing law, every person who buys or receives any property that has been stolen, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would make buying or receiving a stolen firearm a misdemeanor or a felony. (3) The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Existing law, inoperative due to a pending referendum election, would otherwise, as of July 1, 2015, prohibit stores that have a specified amount of sales in dollars or retail floor space from providing a single-use carryout bag to a customer, with specified exceptions. That law would also prohibit those stores from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10 and would allow those stores to distribute compostable bags at the point of sale only in jurisdictions that meet specified requirements and at a cost of not less than $0.10. This same law, on and after July 1, 2016, would additionally impose these prohibitions and requirements on convenience food stores, foodmarts, and entities that are engaged in the sale of a limited line of goods, or goods intended to be consumed off premises, and that hold a specified license with regard to alcoholic beverages. This inoperative law would require, on and after July 1, 2015, a reusable grocery bag sold by certain stores to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bag's durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film on and after January 1, 2016, recycled material content. Existing law, included in the bill that enacted the provisions currently inoperative due to the pending referendum election, but not included in the referendum election, and thus operative, appropriates $2,000,000 from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans for the creation and retention of jobs and economic activity in California for the manufacture and recycling of plastic reusable grocery bags that use recycled content. Existing law, subject to the referendum election, requires the department, no later than March 1, 2018, to provide a status report to the Legislature on the implementation of all of these provisions. This bill would repeal the above provisions and related provisions. This bill would declare that it is to take effect immediately as an urgency statute.
The Passenger Charter-Party Carriers' Act provides for the regulation by the Public Utilities Commission of motor carriers operating as charter-party carriers of passengers. Existing law generally requires charges for the transportation to be offered or afforded by a charter-party carrier of passengers to be computed and assessed on a vehicle mileage or time-of-use basis, rather than on an individual-fare basis, subject to certain exceptions. This bill would make nonsubstantive changes to these provisions.
Existing law requires the Department of Resources Recycling and Recovery to administer state programs to recycle solid waste, plastic trash bags, plastic packaging containers, waste tires, newsprint, and other specified materials. The existing California Integrated Waste Management Act of 1989 requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. The element is required to divert 50% of the solid waste subject to the element, except as specified, through source reduction, recycling, and composting activities. The act also declares that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. This bill would restate the policy goal of the state to provide that the goal is for not less than 75% of solid waste generated to be source reduced, recycled, used for power generation in dedicated anaerobic digesters as well as in modern landfills capturing methane gas, or composted by the year 2020, and annually thereafter. The bill would also require the department to investigate emerging technologies that convert used plastic, textile, and fiber products into new plastic feedstock and monomers, adopt regulations and protocols by January 1, 2017, that encourage waste-to-energy and waste-to-fuel pyrolysis projects that address the various types and grades of plastic, textile, and fiber products that are disposed of in landfills, and, beginning January 1, 2017, and each year thereafter, examine and report to the Legislature on possible incentives for locating in-state those businesses and organizations that practice state-of-the-art, cost-effective material separation and recovery techniques as well as those organizations that are now commercially developing the most cost-effective conversion of mixed plastic, textile, and fiber wastes to fuels.
(1) Under existing law, when school employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (2) Existing law authorizes the governing board of a school district to terminate the services of any permanent or probationary certificated employees of the school district during the time period between 5 days after the enactment of the Budget Act and August 15 of the fiscal year to which the Budget Act applies if the governing board of the school district determines that its total revenue limit per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2%, and if the governing board of the school district determines it is therefore necessary to decrease the number of permanent employees in the school district. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (3) Existing law provides that, when the services of permanent or probationary employees are terminated pursuant to a reduction in workforce, those terminated employees have a preferred right to reappointment and an opportunity for substitute service in order of seniority, as specified. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (4) Existing law prohibits, for purposes of complying with those procedures, a school district from including time spent employed in an administrative position by a certificated employee, who transfers to a teaching position and who was initially employed in an administrative position on or after July 1, 1983, in determining seniority, except in the case of a schoolsite administrator, as specified. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (5) Existing law prohibits a school district from counting as a part of the service required as a condition precedent to the classification of the employee as a permanent employee of the school district the period of absence for certain terminated probationary employees. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (6) Existing law extends the effective period of specified rights, and provides additional rights to certain permanent certificated employees, as specified. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (7) Existing law provides that certain statutory layoff provisions are inapplicable to certain probationary certificated employees who are covered by a collective agreement which contains provisions for the layoff and reassignment of those employees. This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019. (8) This bill would require, by July 1, 2018, each governing board of a school district, in consultation with the exclusive representative of the certificated staff, if any, to adopt policies regarding the dismissal of permanent and probationary employees when a reduction in workforce is required due to declining enrollment or insufficient funding to be used commencing with the 2018–19 school year. The bill would require those adopted policies to include as a significant factor in determining the order of dismissal the evaluation rating of certificated employees, as specified. The bill would permit a school district to deviate from using the evaluation rating of certificated employees as a significant factor in determining the order of dismissal of certificated employees if the school district demonstrates specified conditions. By requiring school districts to perform additional duties, this bill would impose a state-mandated local program. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2016, by a public school employer and an exclusive bargaining representative, the provisions shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. (9) 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 these statutory 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 would allow a deduction in computing adjusted gross income for those amounts contributed to a Coverdell education savings account, up to $750 per taxable year, as provided. This bill would take effect immediately as a tax levy.
Existing law, on or before July 1, 2014, required the governing board of each school district and each county board of education to adopt a local control and accountability plan. Existing law requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements, and requires the charter for a charter school to include some of those same elements. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law requires the collaborative to be governed by a board consisting of 5 members, as specified. This bill would add a representative of charter schools, appointed by the Governor, and a parent of a California public school pupil, appointed by the Joint Committee on Rules, to the governing board of the collaborative.
(1) Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of teacher evaluation procedures, and distribute such guidelines to every school district. This bill would require the state board to revise, update, and adopt guidelines that school districts may use in the development of teacher evaluation procedures by July 1, 2016. The bill would also require that the updated guidelines include a determination of a teacher's overall performance, as specified. (2) Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions. This bill would prohibit the state board from granting any waiver request by a governing board of a school district if the state board finds that the governing board of the school district is out of compliance with specified requirements relating to teacher evaluation. (3) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee's adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee's responsibilities. Existing law authorizes school district governing boards to develop and adopt additional evaluation and assessment guidelines or criteria. This bill would encourage the governing board of a school district to use peer observation and surveys of parents and pupils as part of the evaluation and assessment guidelines and criteria. (4) Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided. This bill would instead require an annual evaluation and assessment of the performance of a certificated employee. The bill would require the evaluation and assessment to include a determination of the teacher's performance, as specified. By requiring school districts to perform additional duties, this bill would impose a state-mandated local program. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2016, by a public school employer and an exclusive bargaining representative, the provisions shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. (5) This bill would update cross-references and would make other nonsubstantive changes. (6) 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 these statutory provisions.
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 would instead exempt those 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.
