(1) Existing law classifies controlled substances into 5 schedules, with the most restrictive limitations placed on controlled substances classified in Schedule I, and the least restrictive limitations placed on controlled substances classified in Schedule V. A controlled substance in any of the schedules may be possessed or dispensed only upon a lawful prescription, as specified. Existing law does not classify ephedrine, pseudoephedrine, and specified related drugs within any of these 5 schedules, but provides that it is a crime, punishable as specified, for a person in this state who engages in specified transactions involving those drugs to fail to submit a report to the Department of Justice of all of those transactions, or to fail to submit an application to, and obtain a permit for the conduct of that business from, the Department of Justice, as specified. This bill would provide, in addition, that any person who obtains ephedrine, pseudoephedrine, and specified related drugs without a prescription, as specified, shall be guilty of an infraction or a misdemeanor. The bill would make conforming changes to related provisions. By creating new crimes or revising the penalties for existing crimes involving ephedrine, pseudoephedrine, and specified related drugs, this bill would impose a state-mandated local program. (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 no reimbursement is required by this act for a specified reason.
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Existing law requires the Fish and Game Commission to establish fish hatcheries for the purposes of stocking the waters of California with fish, and requires the Department of Fish and Game to maintain and operate those hatcheries. Existing law requires the Department of Fish and Game to prepare and maintain a detailed and comprehensive program for the protection and increase of salmon, steelhead trout, and anadromous fisheries. This bill would require the department to conduct a prescribed 3-year study to assess interactions between hatchery fish and naturally spawned fish, as defined, and to develop hatchery and stream management practices to ensure the viability of fish populations and to sustainably support fisheries. The department would be required, on or before January 1, 2014, to prepare and submit to the Legislature a report on the study. The bill would require the department to establish a study team of not fewer than 12 members, with membership as prescribed.
The Personal Income Tax Law and the Corporation Tax Law, in modified conformity with federal income tax laws, allows a deduction for losses sustained during the taxable year and not compensated for by insurance or otherwise. Those state laws conform to specified revenue rulings and revenue procedures of the Internal Revenue Service regarding treatment of losses due to investment arrangements discovered to be criminally fraudulent, except that, among other things, net operating loss carrybacks and carryforwards are not allowed. This bill would provide a safe harbor for determining the year in which those losses attributable to criminal fraud occurred, as described in a specified revenue procedure of the Internal Revenue Service, and would allow a net operating loss carryover or carryback of any resulting deduction from the losses in conformity with federal income tax law. This bill would make a legislative finding and declaration relating to the public purpose served by the bill. This bill would take effect immediately as a tax levy.
Existing law, the Public School Performance Accountability Program, provides a state assessment program for schools, an intervention program for low-performing schools, and a reward system for high-achieving schools, as specified. This bill would require that any primary language assessment developed by the department and administered to limited-English-proficient students, as identified pursuant to existing law, on or after July 1, 2013, be included in the state's assessment system or any successor system and in the state's federal and state accountability system and any successor system. The bill would require the results of the primary language assessment to be used in any successor measure or results reported for the state's assessment systems and in any other successor measure, as specified. The bill would also require the results to be used in any measure, index, or results reported for the state's federal and state accountability system, or any successor system. These provisions would become operative on July 1, 2013. This bill would make various findings and declarations.
Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law defines "local agency," for these purposes, to mean a city, county, city and county, charter city, charter county, charter city and county, or special district. This bill would include a community college district, county board of education, and school district in the definition of "local agency." The bill would also require local agency officials who serve a community college district, county board of education, or school district as of January 1, 2010, to receive the ethics training required by specified law before January 1, 2011, and at least every 2 years thereafter, except as specified.
Existing law prohibits the creation of an emission reduction credit from air pollution reductions funded by certain public programs. Existing law creates air quality management districts and air pollution control districts and requires these districts, except as otherwise provided, to establish a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are to be banked prior to use to offset future increases in emissions. This bill would authorize a district to create an emission reduction credit from a marine vessel or locomotive emission reduction project that is funded by both public and private moneys. An emission reduction credit created pursuant to this provision would be created only for the percentage of the emission reduction project that is paid for by private moneys. The bill would provide that the state share of the credit would be 80%, and the Treasurer would be required to sell this ownership share, and deposit the proceeds into the Emission Reduction Credit Sales Fund, which the bill would create.
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions.
This measure would declare February 23, 2010, to be Spay Day USA 2010 in California, and would request that Californians observe that day by having their dogs and cats spayed or neutered and by providing voluntary services or other support to organizations that provide spay and neuter services.
Under existing law, the State Department of Public Health is responsible for licensing and regulating health facilities, including general acute care hospitals. The bill would require the Legislature to create the Joint Task Force on Hospital Conversion and Patient Care, that would include certain members of the Legislature or their designees. This bill would require the task force to, among other things, study the governance structure of medical foundations in light of the forthcoming federal health care reform and resulting changes in the corporate status of health care entities. The bill would provide that the task force shall not begin the study until it has certified that sufficient funds are available. The bill would require the task force to complete and submit the study to Legislature within 12 months after the date the task force provides the above-described certification.
The Secretary of the Food and Agriculture has the responsibility of ensuring that food products are not adulterated and that they are capable of use as human food. The secretary is required to ensure that the food products are properly inspected and labeled. A violation of any of these provisions is a crime, punishable as specified. This bill would provide, in addition, that commencing January 1, 2011, any person who uses antibiotics for a nontherapeutic use in any animal raised for the production of any human food product made available commercially shall be required to label the product with a warning, as specified. By creating a new crime, 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.