Asm. Martin Garrick

The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would require a standing committee of the Legislature with jurisdiction over a state agency proposing to adopt a regulation with a gross cost in excess of $10,000,000 to hold an informational hearing regarding the proposed regulation.

Existing law creates various programs relating to requiring and distributing information relating to immunizations for various communicable diseases. This bill would require the State Department of Public Health to post on its Internet Web site specified information relating to pertussis. The bill would also authorize hospitals to distribute this information to parents of newborns.

Existing law provides that jurisdiction and supervision over meetings in this state where horse races with wagering on their results are held or conducted, and over all persons or things having to do with the operation of those meetings, is vested in the California Horse Racing Board. Existing law divides the state into 3 geographical zones for horse racing, including the southern zone consisting of the Counties of Imperial, Orange, Riverside, and San Diego. Existing law prohibits the board from allocating racing dates to a private thoroughbred racing association in the southern zone for purposes of conducting thoroughbred racing under specified circumstances. This bill would provide that any change of ownership or governance affecting a racetrack in the southern zone be structured so that the real property and applicable personal property encompassed in that change continue to be used exclusively for live horse racing and associated activities and revenue generated from horse racing operations be reinvested in capital projects directly supporting horse racing.

The Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law also, until July 1, 2011, imposes an additional tax equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to the vehicle license fee, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. Existing law provides that money in the account shall be allocated for various public safety programs, as provided. This bill would, beginning July 1, 2011, and each July 1 thereafter for a transfer $500,000,000 from the General Fund to the account total of 5 years, as provided. By transferring funds to a continuously appropriated fund, this bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.

The federal Americans with Disabilities Act of 1990 prohibits discrimination against an individual with a disability on the basis of that disability in specified situations, including employment opportunities and access to public accommodations, services, and transportation. Existing state law prohibits any person, firm, or corporation from denying or interfering with a disabled person's admittance to or enjoyment of public facilities, or from otherwise interfering with the rights of an individual with a disability, as specified. Existing law requires an attorney to provide a written advisory to a building owner or tenant with each demand for money or complaint for any construction-related accessibility claim. This bill would make technical, nonsubstantive changes to these provisions.

Existing law establishes the public elementary and secondary school system in this state, and further establishes a funding system pursuant to which the state apportions funds to local educational agencies based on, among other factors, the average daily attendance of pupils at the schools operated by those agencies. Numerous statutes and regulations govern the calculation and reporting of average daily attendance. This bill, commencing with the 2013–14 fiscal year, would provide that school districts, county offices of education, and charter schools that offer online education courses may claim attendance toward average daily attendance on the basis of a pupil's attendance in an online course or courses that satisfy prescribed criteria. The bill would require the Superintendent of Public Instruction, in consultation with the Controller and the Director of Finance, on or before December 31, 2012, to make revisions to any attendance accounting manual or guidance provided to school districts, county offices of education, or charter schools that are necessary to conform to these provisions, or to clarify these provisions with respect to attendance accounting procedures for asynchronous online courses, as defined. The bill additionally would require the Superintendent, in consultation with the Director of Finance, to adopt rules and regulations for the purposes of clarifying or expanding the procedures required for verifying the identification of pupils participating in asynchronous online courses and including pupil attendance in asynchronous online education courses in the calculation of average daily attendance. The bill would make all of these provisions inoperative on July 1, 2017, and repeal them on January 1, 2018.

Existing law, generally, 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 in this state, and on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, for the first 10 taxable years of a corporation, limited partnership, limited liability partnership, and limited liability company that is a small business, as defined, and that first commences business operations on or after January 1, 2012, and before January 1, 2017, reduce that minimum tax, as provided. This bill would take effect immediately as a tax levy.

Existing law governing unemployment insurance benefits authorizes specified employing entities to elect a method of financing coverage, and in lieu of the contributions required of employers, to elect to follow one of specified alternative procedures. This bill would make technical, nonsubstantive changes to those provisions.

Existing law provides for the inspection and certification of fruits, nuts, and vegetables sold in California. The Department of Food and Agriculture may enforce and make inspections of grade, standard of quality, and other provisions of any fruit, nut, or vegetable marketing program, as specified. This bill would make a technical, nonsubstantive change to these provisions.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would appropriate the sum of $7,300,000 from the General Fund to the Department of Veterans Affairs to provide for specified veterans' services.