This measure would proclaim April 15 through April 22, 2012, as California Holocaust Memorial Week and would urge Californians to observe these days of remembrance for the victims of the Holocaust in an appropriate manner.
Article XVI of the California Constitution requires a general obligation bond act to specify the single object or work to be funded by the bonds, and further requires a bond act to be approved by a 23 vote of each house of the Legislature and by a majority of the voters. Article XVI authorizes the Legislature, at any time after the approval of a general obligation bond act by the voters, to reduce the amount of the indebtedness authorized by the act to an amount not less than the amount contracted at the time of the reduction or to repeal the act if no debt has been contracted. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, statewide general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related rail purposes. Existing law creates the High-Speed Rail Authority with specified powers and duties related to the development and implementation of a high-speed train system. This bill would provide that no further bonds shall be sold for high-speed rail and related rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century. The bill would amend the bond act to authorize redirection of the net proceeds received from outstanding bonds issued and sold prior to the effective date of this act, upon appropriation by the Legislature, from those high-speed rail purposes to retiring the debt incurred from the issuance and sale of those outstanding bonds. This bill would provide that, pursuant to Article XVI of the California Constitution, these provisions shall become effective only upon approval by the voters at the next statewide general election. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults, administered by the State Department of Alcohol and Drug Programs. Existing law authorizes the department to issue a license to specified types of facilities if certain criteria are met. Under existing law, these facilities include a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee. Existing law deems an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be a residential use of property for the purposes of the law relating to regulating alcoholism or drug abuse recovery or treatment facilities, whether or not unrelated persons are living together, and subject to specified conditions. In addition, the residents and operators of a facility that satisfies these conditions are considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property. This bill would require, rather than authorize, the department to issue a license if the above criteria are met. The bill would identify facilities with common management of separate facility components, as specified, as "integral facilities," and would exclude these integral facilities from being considered a residential use of property for purposes of the law regulating alcoholism or drug abuse recovery or treatment facilities. The bill would authorize integral facilities to collectively serve 7 or more persons. This bill also would make technical, nonsubstantive changes to the provisions described above.
(1) Federal law provides that United States coins and currency are legal tender for all debts, public charges, taxes, and dues. Existing law further provides that a person may pay a debt in gold coin or legal-tender notes of the United States unless otherwise provided in the obligation out of which the debt arises. This bill would provide that gold and silver coin issued by the federal government is legal tender in California and that a person may not compel another person to tender or accept gold and silver coin that is issued by the federal government, except when otherwise provided in the obligation out of which the debt arises. (2) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes, including an exemption for the sale in bulk of bullion and numismatic coins, and the storage, use, or other consumption of, those bullion and coins, as provided. This bill would additionally exempt from those taxes, the gross receipts from the sale of, and the storage, use, or other consumption in this state of, gold and silver coins issued by the federal government. The Bradley-Burns Uniform Local Sales and Use Tax authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts to impose transactions and use taxes in accordance with the Transactions and Use Tax Law which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes 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 local agencies for sales and use tax revenues lost by them pursuant to this bill. (3) The Personal Income Tax Law and the Corporation Tax Law provide that a gain or loss upon the disposition of a capital asset is determined by reference to the specified adjusted basis of that asset. This bill would provide, under both laws, that the gross income of a taxpayer does not include any gain from the sale or exchange of gold and silver coins issued by the federal government.
This measure would respectfully request Congress and the Department of Defense to remain committed to maintaining the 144th Fighter Wing and the Aerospace Control Alert mission in California in order to prevent any negative impacts to Southwest air defense operations, the California economy, and the ability of first responders to protect the residents of this state.
Existing law establishes the Public Employees' Retirement Fund as a trust fund solely for the benefit of its members and retired members and their survivors and beneficiaries. Existing law requires income earned on the Public Employees' Retirement Fund during any fiscal year that exceeds the interest credited to contributions during that year to be retained in the Public Employees' Retirement Fund as a reserve against deficiencies in interest earned in other years, investment losses, and other specified losses. Existing law requires the amount in the reserve that exceeds 0.20% to be annually credited to other accounts. Existing law governing other retirement systems, including the State Teachers' Retirement System, contains provisions requiring the maintenance of reserve funds. This bill would require every public retirement system that does not maintain a reserve fund to create such a fund. The bill would require any excess funds, after payment of unfunded liabilities each fiscal year, to be placed in the reserve fund to be used against deficiencies in other fiscal years, as specified. The bill would prohibit funds in the reserve fund from being used for the payment of benefits.
This measure would designate March 25 through March 31, 2012, as California Tsunami Awareness Week.
This measure would declare the week of March 12, 2012, through March 16, 2012, as Multiple Sclerosis Awareness Week.
