The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. Existing law, in conformity with the federal CARES Act, and its subsequent amendments in the Paycheck Protection Program and Health Care Enhancement Act and the Paycheck Protection Program Flexibility Act of 2020, among other things, excludes any amounts of covered loans forgiven under the CARES Act from gross income for purposes of the Personal Income Tax Law and the Corporation Tax Law. Existing law reduces the amount of any credit or deduction otherwise allowed under the Personal Income Tax and the Corporation Tax Law for any amount paid or incurred by the taxpayer upon which this exclusion is based by the amount of the exclusion allowed. Existing federal law, the Consolidated Appropriations Act, 2021, prohibits reductions in tax deductions, denials of basis adjustments, and reductions in tax attributes for federal income tax purposes based on the exclusion from gross income provided in the federal CARES Act and its subsequent amendments. This bill would adopt the provisions of the Consolidated Appropriations Act, 2021, prohibiting any reduction in tax deductions, denials of basis adjustments, and reductions in tax attributes based on the exclusion from gross income provided for any loan amount forgiven in conformity with the federal CARES Act and its subsequent amendments. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would provide findings to comply with the additional information requirement for any bill authorizing a new tax expenditure. This bill would also make findings and declarations related to a gift of public funds. This bill would declare that it is to take effect immediately as an urgency statute.
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The Personal Income Tax Law, in modified conformity with federal law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would provide an exclusion from gross income for all survivor benefits or payments received on or after January 1, 2021, and before January 1, 2026, under the federal Survivor Benefit Plan. The bill would require the Franchise Tax Board to submit, on or before December 1, 2025, a report to the Legislature on the income brackets of taxpayers who claimed this exclusion, and would provide findings and declarations relating to the goals, purposes, and objectives of this exclusion. This bill would take effect immediately as a tax levy.
The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law requires the authority, on or before March 1, 2017, and every 2 years thereafter, to provide a project update report, approved by the Secretary of Transportation as consistent with specified criteria, to the budget committees and the appropriate policy committees of both houses of the Legislature, on the development and implementation of intercity high-speed train service, as provided. This bill would create the Joint Legislative High-Speed Rail Oversight Committee consisting of 3 Members of the Senate and 3 Members of the Assembly to provide ongoing and independent oversight of the high-speed rail project by performing specified duties, and would require the committee to make recommendations to the appropriate standing policy and budget committees of both houses of the Legislature to guide decisions concerning the state's programs, policies, and investments related to high-speed rail. The bill would require the authority to provide the committee with certain documents and information within prescribed timelines, and would require the authority to permit the chairperson of the committee, or the chairperson's designee, to attend meetings of any internal governance committees related to project oversight, as provided.
Existing law, the Financial Information System for California (FISCal) Act, establishes the FISCal system, a single integrated financial management system for the state. Existing law requires the California State Auditor's Office, until the system is completed, to independently monitor the system as appropriate, and to report, at a minimum, on or before January 10 of each year, on the system activities that the auditor deems appropriate. This bill, instead, would require that reporting, at a minimum, on or before January 11 of each year.
Existing law authorizes cities and counties to license any kind of business, not prohibited by law, transacted and carried on within the limits of its jurisdiction. Cities and counties, pursuant to certain restrictions, may impose a license fee on those businesses. This bill would prohibit cities and counties, including charter cities and counties, from imposing or collecting license fees from restaurants from January 1, 2020, to December 31, 2021, as provided, and would require the city or county to refund to a restaurant any license fees collected during that period. By imposing new duties on cities and counties with respect to imposing or collecting specified license fees, and by requiring that the fees be refunded, this bill would impose a state-mandated local program. Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law imposes various assessments, including annual renewal fees for licenses and permit fees, depending on the type of license issued, and specified surcharges. Existing law authorizes an adjustment of the renewal fees, as provided, and requires these fees and surcharges to be deposited into various funds, including the Alcohol Beverage Control Fund, the Alcoholic Beverage Control Appeals Fund, and the Motor Vehicle Account in the State Transportation Fund. This bill would waive specified permanent license application fees, annual renewal fees, and associated surcharges for applications submitted on or after January 1, 2020, but before January 1, 2022, and would require the department to refund those fees if already paid. The bill would waive specified interim operating permit fees from January 1, 2020, to December 31, 2021, and would require the department to refund those fees if already paid. The bill would also authorize, subject to specified limitations, the department to adjust specified annual renewal fees on or after January 1, 2022, and each January 1 thereafter, as if the annual renewal fees were adjusted on January 1, 2020, and January 1, 2021. By requiring fees and surcharges to be refunded to licensees from the Alcohol Beverage Control Fund, the Alcoholic Beverage Control Appeals Fund, and the Motor Vehicle Account, this bill would make an appropriation. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health enforcement agencies to enforce these provisions. The code requires each food facility to have a valid permit to be open for business and requires any fee for the permit to be determined by the local governing body. This bill would require a local enforcement agency to waive or refund the fee, as applicable, for the issuance of a new permit or the renewal of an existing permit from January 1, 2020, to December 31, 2021. By imposing new duties on local law enforcement agencies with respect to waiving or refunding specified permit fees, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties. 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 the statutory provisions noted above.
(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, as the segments of public postsecondary education in this state. This bill would require the trustees and the board of governors, and request the regents, to: (1) identify the students in their respective systems who, due to the COVID-19 pandemic, were obliged to stay away from the campuses at which they were enrolled during the 2019–20 and 2020–21 academic years; (2) ascertain the amounts of campus fees collected from each of the students identified under subdivision (a) , and calculate from those amounts of campus fees, the amounts from which the students received no value because of their enforced absence from campus and which should therefore be refunded to the students; and (3) submit the total amounts ascertained and calculated to the Department of Finance and the Joint Legislative Budget Committee. To the extent that the bill would impose new duties on community college districts with respect to identification of students and calculation of amounts to be refunded, it would constitute a state-mandated local program. The bill would appropriate an unspecified amount from the General Fund to the Controller for allocation for payment of refunds to students of the California State University, the California Community Colleges, and the University of California for campus fees overpaid due to campus closures in the 2019–20 and 2020–21 academic years due to the COVID-19 pandemic. (2) 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 the statutory provisions noted above. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Motor Vehicles to issue a driver's license to an applicant when the department determines that the applicant is lawfully entitled to a license. Existing law allows an in-person applicant for a driver's license or identification card to request the word "VETERAN" be printed on the face of the driver's license or identification card, subject to certain requirements, including, among others, verification of veteran status, as specified, and payment of a $5 fee, which the department is authorized to increase by regulation in an amount not to exceed $15, as specified. Existing law prohibits a fee from being charged for that request if made by (1) a person who has been determined to have a current income level that meets the eligibility requirements for specified assistance programs, or (2) a person who can verify their status as a homeless person, in accordance with specified provisions. This bill would direct the department to discontinue the fee for printing the word "VETERAN" on the face of a driver's licence or identification card by July 1, 2022, and would repeal that fee provision on January 1, 2023. The bill would also make technical and conforming changes.
Existing law requires the Department of Housing and Community Development to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. Existing law requires that the report include, among other things, the number of units assisted by those programs and the number of individuals and households served and their income level. This bill would require the department, by March 1 of each year, to develop an annual summary report that discloses the amount of state, federal, and private funding spent on the development of affordable housing within the state, each city, and each county in the preceding calendar year. The bill would require the department to post the annual summary report on its internet website and make the report available to the public by March 15 of each year.
Under existing law, upon demand of a peace officer or traffic collision investigator, under specified circumstances, every person who drives upon a highway a motor vehicle that is required to be registered in California is required to provide evidence of financial responsibility, as defined. A violation of these provisions is a crime. Existing law requires the Department of Motor Vehicles to prepare and publish a printed summary describing the penalties for noncompliance with these provisions, which is required to be included with each motor vehicle registration, registration renewal, and transfer of registration, and with each driver's license and license renewal. Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver's record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. This bill would require failure to provide proof of financial responsibility upon the request of a peace officer, as described above, to result in one violation point.
Existing law requires the Department of Toxic Substances Control to provide the State Board of Equalization with a schedule of codes identifying the types of organizations that use, generate, store, or conduct activities in the state related to hazardous materials. Existing law requires each organization type identified in the schedule to pay an annual tax, known as the "environmental fee," at a specified amount based on the number of employees at the organization, which is deposited in the Toxic Substances Control Account. Existing law requires the State Board of Equalization to annually adjust those amounts to reflect the increase or decrease in the cost of living, as provided. This bill would exempt organizations with fewer than 100 employees from the annual tax until January 1, 2025.