Existing law, the Local Health Care District Law, provides for the formation of local health care districts and, until January 1, 2011, authorizes each local district to transfer, at fair market value, any part of its assets to one or more corporations to operate and maintain the assets. Commencing January 1, 2011, existing law, instead, restricts these transfers only to nonprofit corporations. This bill would, notwithstanding any provision of law, require, with certain exceptions, when a district is under contract with a public or private entity to operate a district facility, the district and the public or private entity that operates the district facility to (1) require that assets of any facility within the geographic boundaries of the district and owned by the district be used exclusively for the benefit of a facility owned by the district, except as specified, (2) require the hospital and the operating entity to annually undergo an independent financial audit and that the resulting report be made public, and (3) preclude, in the case of a subsequent sale of the facility or any assets of the district to the operating entity, any losses incurred by the entity in the operation of the facility from being used as a credit against the purchase price of the facility or other district assets. Existing law permits a health care district board of directors to provide for the operation and maintenance through tenants of the whole or any part of a hospital acquired or constructed by it, and for that purpose may enter into a lease agreement that it believes will best serve the interest of the district. This bill would, instead, permit those lease agreements only to the extent that the agreement does not provide benefits to the tenants beyond those reasonably necessary to ensure the operation of the hospital for the benefit of the district and allow the tenant to recoup its capital investments made during the lease agreement. By requiring that districts comply with these requirements, this bill would impose 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 no reimbursement is required by this act for a specified reason. This bill would incorporate additional changes in Section 32126 of the Health and Safety Code, proposed by S.B. 894, to be operative only if S.B. 894 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.
Sponsored bills
Existing law provides that a homeowner shall not be charged a fee when obtaining a rental agreement on a floating home berth for a term of 12 months or a lesser period as mutually agreed upon. This bill would make a technical, nonsubstantive change to these provisions.
(1) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail 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. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as specified, purchased for use by an automobile manufacturer located in Fremont, California or purchased for use by a contractor who will use the property in performing a construction contract for the automobile manufacturer, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. This bill would provide that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state sales and use taxes. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation.
Existing law authorizes 2 or more public agencies, by agreement, to jointly exercise common powers. Existing law also establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitats in the San Francisco Bay. This bill would establish, until January 1, 2030, the Bay Area Disaster Recovery Planning Council to create a long-term regional recovery plan, to be implemented before and after an earthquake or other disaster occurs in the bay area, by cooperating with various stakeholders in the bay area, including, but not limited to, the cities, counties, special districts, school districts, emergency managers, hospitals, members of the public, private businesses, and nongovernmental organizations. The bill would impose specific duties on the Association of Bay Area Governments, thereby imposing 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 no reimbursement is required by this act for a specified reason.
Existing law requires the collection of fees for issuing marriage licenses and for confidential marriage licenses. Existing law requires the collection of a fee in addition to the basic fee for the issuance of a marriage license and for the issuance of an authorization for the performance of marriages without a license, in the amount of $23. Existing law requires the additional $23 fee to be collected by the county clerk for deposit into county domestic violence shelter-based programs special funds. Existing law requires fees collected in the special funds to be disbursed to approved domestic violence shelter-based programs that meet certain requirements on a yearly or more frequent basis. This bill would authorize a county board of supervisors to authorize an increase of the above-described fee from $23 to $33. Existing law provides that proposed or existing domestic violence shelter-based programs that meet the aforementioned requirements shall receive funding from the county domestic violence shelter-based programs special funds. This bill would, instead, provide that only existing domestic violence shelter-based programs that meet the requirements shall receive funding. Existing law allows specified local jurisdictions to retain fees received at the time of issuance of a marriage license in excess of the $23 fee. This bill would add Sonoma County as a jurisdiction to whom this provision applies. Existing law requires the money in the special funds to be disbursed using a request for qualification (RFQ) process. This bill would require the RFQ process to involve a determination of whether a domestic violence shelter-based program meets the aforementioned requirements. If a domestic violence shelter-based program meets those requirements, the bill would provide that the program has successfully completed the RFQ process. The bill would provide that an RFQ process shall not be construed to mean a competitive bidding process. Existing law authorizes a county to establish a program for reducing the incidence of domestic violence in the county by establishing or funding domestic violence shelter-based programs that meet the aforementioned requirements. Existing law authorizes geographically adjacent counties to combine their respective domestic violence shelter-based programs funds in order to establish one or more domestic violence shelter-based programs, in order to provide services to the clients of each county that combines its funds with another county. This bill would provide that a county may only fund a domestic violence shelter-based program that is located outside of the county if the funding county is funding all domestic violence shelter-based programs located within its borders that meet the aforementioned requirements and the program located outside of the funding county provides services to residents of the funding county.
(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act (act) , requires that every beverage container sold or offered for sale in this state is required to have a minimum refund value. A distributor is required to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Conservation and the department is required to deposit those amounts in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values, administrative fees to processors, and a reserve for contingencies. A violation of the act is a crime. "Beverage" is defined, for purposes of the act, to include, among other things, beer and other malt beverages, wine and distilled spirit coolers, carbonated mineral and soda waters, noncarbonated fruit drinks, and vegetable juices, in liquid form that are intended for human consumption, but excludes from that definition vegetable drinks in beverage containers of more than 16 ounces. The act also excludes, from the definition of beverage, any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container. This bill would, as of April 1, 2010, revise the term beverage to include vegetable, fruit, nut, grain, or soy drinks or juices or noncarbonated drinks that contain any percentage of those drinks or juices, and would delete the requirement that a vegetable, drink, subject to the act, be sold in a container of 16 ounces or less. The bill would delete the exclusion from the term beverage, for a product that is not sold in the above-specified types of containers. The bill would additionally exclude from the definition a beverage in a flexible foil, plastic pouch, or aseptic container delivering 7 or less fluid ounces. Since the additional payments for the plastic beverage containers and other beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would also impose a state-mandated local program by creating new crimes relating to beverage containers. (2) Existing law requires a distributor of specified beverage containers to pay a redemption payment to the Department of Conservation for each beverage container sold or transferred for deposit in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to pay refund values, administrative fees to processors, and a reserve for contingencies. This bill would raise the amount of the redemption payment paid by the distributor and the refund value, as specified. Since the increased payments for the beverage containers that are subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. Existing law requires that a distributor pay the redemption payment not later than the last day of the 3rd month following the sale and authorizes a distributor, upon the approval of the department, to elect to make a single annual payment if the distributor meets specified conditions and notifies the department of its intent to make annual redemption payments. This bill would require all beverage distributors to make the redemption payment no later than the last day of the 2nd month following the sale of the beverages. This bill would revise the conditions under which a distributor would be authorized to make a single annual payment. (3) Existing law authorizes the Department of Conservation to expend moneys in the fund, upon appropriation by the Legislature, for administration of the act. This bill would require the department to expend 10% less for administration of the act than the amount that was appropriated for administration for the 2008–09 fiscal year. (4) The department is authorized to make specified expenditures from the moneys remaining in the fund after the moneys for certain purposes have been set aside. This bill would increase the amount of moneys for grants to certified community conservation corps for beverage container litter reduction programs and recycling programs. The bill would suspend, for the 2009–10 fiscal year, expenditures for grants for beverage container recycling and litter reduction programs and a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. The bill would eliminate funds the department is authorized to expend for grants for specified beverage container recycling and litter reduction programs. The bill would prohibit the department from reducing expenditures for handling fees and conservation corps grants for the 2009–10 and 2010–11 fiscal years. (5) Existing law requires the department to continuously assist dealers and recyclers to establish certified recycling centers within in each convenience zone. This bill would provide assistance and incentives to reduce the number of zones not serviced by a certified recycling center. (6) The bill would delete obsolete provisions and make conforming changes. (7) 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 no reimbursement is required by this act for a specified reason.
This measure would support earthquake preparedness and encourage participation in preparedness activities. This measure would also support the Earthquake Country Alliance's annual Great California ShakeOut and its earthquake education and outreach programs and would endorse this year's October 15, 2009, Great California ShakeOut.
This measure would request that the federal Food and Drug Administration (FDA) prohibit all sales of electronic cigarettes until the FDA has found them to be safe.
The Corporation Tax Law authorizes various credits against the taxes imposed by that law. This bill would, for taxable years beginning on or after January 1, 2010, allow to a qualified taxpayer, as defined, a credit, not to exceed $10,000,000, for specified percentages of qualified expenditures, as defined. In general, the credit would be allowed to automobile manufacturers in this state that employ a specified number of qualified employees, as provided. This bill would take effect immediately as a tax levy.
This measure would recognize the importance of celebrating the birth and independence of Mexico and honoring and invigorating the spirit of friendship, understanding, and cooperation that characterizes the California-Mexico relationship.