Asm. Rocky J. Chávez

This measure would urge the President and the Internal Revenue Service (IRS) to comply with all requests related to congressional inquiries related to IRS misconduct in a full and transparent manner, and ensure that all government employees are made available for questions relating to the application of tax exempt status for religious organizations. This measure would also urge the appointment of an independent counsel to investigate the actions of the IRS.

Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation an articulated bus or trolley and a bus, except a schoolbus, that is operated by a public agency or passenger stage corporation that is used in a transit system if it is equipped with a folding device attached to the front of the vehicle that is designed and used exclusively for transporting bicycles, does not materially affect efficiency or visibility of vehicle safety equipment, and does not extend more than 36 inches from the front of the body of the bus or trolley when fully deployed. In addition, existing law prohibits a bicycle that is transported on the above-described device from having the bicycle handlebars extend more than 42 inches from the front of the vehicle. This bill would authorize the North County Transit District to install folding devices attached to the front of its buses that are designed and used exclusively for transporting bicycles if the use of the device meets certain requirements, including, but not limited to, that the device does not extend more than 43 inches from the front of the bus, or more than 36 inches from the front bumper, when fully deployed, and that the handlebars of the bicycles being transported do not extend more than 49 inches from the front of the bus, or more than 42 inches from the front bumper. This bill would also establish, for a specified purpose, a route review committee prior to the installation of the initial folding device on a bus that is more than 40 feet in length. This bill would require the committee to perform an initial review of the routes on which the district proposes to operate a bus that is longer than 40 feet and that is equipped with a front-mounted bicycle rack, and would require the committee to make a determination of, by unanimous vote of all members, the routes that are suitable for the safe operation of those types of buses. The bill would require the district to submit a report, containing specified requirements, to the Assembly Committee on Transportation and the Senate Committee on Transportation and Housing on or before December 31, 2020. This bill would make legislative findings and declarations as to the necessity of a special statute for the North County Transit District.

Existing law imposes an annual minimum franchise tax, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law exempts a corporation that incorporates or qualifies to do business in this state from the payment of the minimum franchise tax in its first taxable year. Existing law imposes an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability company and limited liability partnership doing business in this state. In addition, existing law requires every limited partnership that has filed a certificate with the Secretary of State and every foreign limited partnership that has registered with the Secretary of State, every limited liability company if the articles of organization have been accepted by, or a certificate of registration has been issued by, the Secretary of State, and every registered limited liability partnership and every foreign limited liability partnership that has registered with the Secretary of State, to pay an annual tax in an amount equal to the minimum franchise tax. This bill would reduce that minimum franchise or annual tax in the 2nd taxable year, for a new corporation, and the first taxable year for a new limited partnership, new limited liability partnership, and new limited liability company that is a small business, which is defined as a business entity with gross receipts of $5000 or less, as specified. This bill would take effect immediately as a tax levy.

Existing law requires the Secretary of the Health and Welfare Agency, now known as the Secretary of California Health and Human Services, to establish the Office of Rural Health to promote coordinated planning for the delivery of health services in rural California. This bill would make technical, nonsubstantive changes to this provision.

Existing law requires the Department of Transportation to place and maintain appropriate signs, signals, and other traffic control devices along highways under its jurisdiction. Existing law further authorizes the department, with the consent of local authorities, to place and maintain appropriate signs, signals, and other traffic control devices along city streets and county roads as may be necessary or desirable to control or direct traffic, or to facilitate traffic flow, to or from state highways. This bill would make technical, nonsubstantive changes to these provisions.

The Personal Income Tax Law allows various deductions in computing the income that is subject to the tax imposed by that law. This bill would allow, for taxable years beginning on or after January 1, 2015, as a deduction any income earned or received by a taxpayer that is attributable to a taxpayer's status as a partner in or sole proprietor of a qualified business, as defined, for the first 5 consecutive taxable years in which the business is a qualified business. 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 an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and 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 the annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources reportable to this state. This bill would exempt from the minimum franchise tax every corporation incorporated in this state on or after January 1, 2015, for the first 5 consecutive taxable years during which the corporation does business within this state. This bill would also exempt from the annual tax every limited partnership, limited liability partnership, and limited liability company that files a specified form with the Secretary of State on or after January 1, 2015, as specified, for the first 5 consecutive taxable years during the time that entity does business within the state. This bill would additionally exempt a limited liability company that files a specified form with the Secretary of State on or after January 1, 2015, from the fee equal to specified amounts for the first 5 consecutive taxable years that the limited liability company does business within this state. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts various types of organizations from state income taxes imposed by that law. This bill would exempt a corporation that incorporates under the laws of this state on or after January 1, 2015, for the first 5 consecutive taxable years that it does business within this state. Under existing law, a corporation that is a small business solely owned by a deployed member of the United States Armed Forces is not subject to the minimum franchise tax when the owner is deployed and the corporation meets certain requirements. Existing law makes these provisions inoperative for taxable years beginning on or after January 1, 2018. This bill would instead make these provisions inoperative for taxable years beginning on or after January 1, 2019. This bill would take effect immediately as a tax levy.

Existing law provides for creation of the North County Transit District, with various powers and duties relative to the planning and operation of a transit system in north San Diego County. Existing law provides for the district to be governed by a board of directors, and requires compensation in the amount of $75 per day, not to exceed $300 per month, be paid to each board member or alternate for attending board meetings and for other related activities. Existing law authorizes the district to make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, to contract with a private patrol operator, the county sheriff and municipal police departments within described areas, and other transit development boards for security, police, and related services, and to do all acts necessary and convenient for the full exercise of the district's powers granted pursuant to these provisions. This bill would increase that compensation for board members to $150 per day not to exceed $600 in any month, and would correct an erroneous cross-reference in these provisions. The bill would revise and recast the district's authority to enter into contracts that the district determines are in its best interest by requiring the board of directors of the district to establish and use a specified flexible procurement process to maximize the efficient use of public funds. The bill would, among other things, generally require contracts for the acquisition or lease of materials, supplies, or equipment in an amount of $100,000, or in excess of that amount as authorized by the board, be made or entered into with the lowest responsible bidder that meets the specifications. The bill would authorize the board to use any procurement method authorized for state or local agencies under state or federal law, including, but not limited to, a competitive negotiation process, and would require the board to maintain acquisition and contracting guidelines and comply with those guidelines in the procurement of all goods and services. The bill would authorize the board to purchase supplies, equipment, or materials in the open market, in certain circumstances, and would also authorize the executive director of the board to make expenditures and take immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the district that are necessary to ensure that the district's facilities are available to serve the transportation needs of the general public or to comply with any state or federal regulation with respect to the operation of public transportation services. The bill would also specify procedures for single source procurement and for a person to submit a protest to a procurement solicitation or a notice of intent to award. Because this bill would impose new duties on local public officials, the bill would create 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, 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.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to seek a successor demonstration project or federal waiver of Medicaid law to implement specified objectives, which may include better care coordination for seniors, persons with disabilities, and children with special health care needs. Existing law provides that beginning with services provided on or after July 1, 2013, to the extent that additional federal funding is made available pursuant to the Special Terms and Conditions of the demonstration project or waiver, nondesignated public hospitals shall be eligible to receive safety net care pool payments for uncompensated care costs. This bill would require nondesignated public hospitals to report and certify specified information for the 2012–13 fiscal year and each fiscal year thereafter. Existing law authorizes a transferring entity, as defined, to make an intergovernmental transfer (IGT) to the state, and authorizes the department to accept all IGTs from a transferring entity for the purpose of providing support for the nonfederal share of risk-based payments to managed care health plans to enable those plans to compensate providers designated by the transferring entity for Medi-Cal health care services and support of the Medi-Cal program. Existing law, with some exceptions, authorizes the state to assess a fee of 20% on each IGT to reimburse the department for the administrative costs of operating the IGT program and for the support of the Medi-Cal program. This bill would provide that the 20% assessment shall not apply to nondesignated public hospitals. The bill would also require the department to pay rate range increases, as defined, to Medi-Cal managed care plans that contract with the department to provide Medi-Cal services in specified counties for the purpose of providing additional payments to nondesignated public hospitals for purposes of equaling the amount of reimbursement the nondesignated public hospital would have received through certified public expenditures under the fee-for-service payment methodology.

(1) Existing law, the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. Existing law provides for the submission of the bond act to the voters at the November 4, 2014, statewide general election. This bill would repeal these provisions. (2) Under existing law, various measures have been approved by the voters to provide funds for water supply and protection facilities and programs. Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative measure approved by the voters as Proposition 84 at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing safe drinking water, water quality and supply, flood control, natural resource protection, and park improvements. Existing law, the Disaster Preparedness and Flood Prevention Bond Act of 2006, approved by the voters as Proposition 1E at the November 7, 2006, general statewide election, authorizes the issuance of bonds in the amount of $4,090,000,000 for the purposes of financing disaster preparedness and flood prevention projects. Existing law, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, an initiative measure approved by the voters as Proposition 50 at the November 5, 2002, statewide general election, authorizes, for the purposes of financing a safe drinking water, water quality, and water reliability program, the issuance of bonds in the amount of $3,440,000,000. Existing law, the Costa-Machado Water Act of 2000, approved by the voters as Proposition 13 at the March 7, 2000, statewide primary election, authorizes the issuance of general obligation bonds in the amount of $1,970,000,000 for the purposes of financing a safe drinking water, clean water, watershed protection, and flood protection program. Existing law, the Safe, Clean, Reliable Water Supply Act, approved by the voters as Proposition 204 at the November 5, 1996, statewide general election, authorizes the issuance of general obligation bonds in the amount of $995,000,000 for the purposes of financing a safe, clean, reliable water supply program. Existing law, the Water Conservation and Water Quality Bond Law of 1986, approved by the voters as Proposition 44 at the June 3, 1986, statewide primary election, authorizes the issuance of general obligation bonds in the amount of $150,000,000 for the purposes of financing a water conservation and water quality program. This bill would enact the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which, if approved by the voters, would authorize the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. This bill, upon voter approval, would reallocate $425,000,000 of the unissued bonds authorized for the purposes of Propositions 1E, 13, 44, 50, 84, and 204 to finance the purposes of a water quality, supply, and infrastructure improvement program. This bill would provide for the submission of these provisions to the voters at the November 4, 2014, statewide general election. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the State Department of Education to apportion funds for community school and independent study average daily attendance only for average daily attendance claimed by school districts and county superintendents of schools for pupils who officially reside in the county in which the apportionment claim is reported, or who officially reside in a county immediately adjacent to the county in which the apportionment claim is reported. This bill would make a nonsubstantive change to this provision.