Existing law authorizes the Department of Transportation to enter into an agreement to accept funds, materials, equipment, or services from any person for maintenance or roadside enhancement of a section of a state highway. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would authorize a credit against those taxes for each taxable year beginning on or after January 1, 2013, and before January 1, 2017, in an amount equal to 50% of the value of materials, equipment, or, in the case of individuals, services donated, as defined, by the taxpayer during the taxable year for maintenance or roadside enhancement of a section of a state highway pursuant to existing provisions of the Streets and Highways Code. This bill would take effect immediately as a tax levy.
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The Personal Income Tax Law and the Corporation Tax Law authorize various deductions in computing income that is subject to tax under those laws. This bill would allow a deduction, under both of those laws, of amounts paid on the property tax bill. This bill would take effect immediately as a tax levy.
This measure would designate April 2012 as California Autism Awareness Month, would affirm the Legislature's commitment to the important issues related to autism spectrum disorders (ASDs) , and would emphasize that each and every individual with an ASD is a valued and important member of our society.
Existing law provides certain protections and benefits for veterans. This bill would authorize the governing board of a county or city to grant financial assistance, relief, and support to disabled veterans, as defined, by waiving service-related fees charged by the county or city, as specified.
Existing law requires the Attorney General, upon receipt of a draft of a petition for a proposed initiative or referendum, to prepare a title and summary of the proposed measure. Under existing law, the Attorney General is required to determine the effect of a proposed initiative measure on revenues and expenditures of the state or local government. If the Attorney General determines that a proposed measure would affect state or local revenues or expenditures, he or she must include in the title either the estimate of the amount of change in state or local revenues or costs or an opinion as to whether a substantial net change in state or local finances would result if the proposed initiative is adopted. Existing law requires the Department of Finance and the Joint Legislative Budget Committee to prepare jointly the fiscal estimate that may be included in the title. Existing law imposes specified deadlines on the preparation of a title and summary, and a fiscal estimate. This bill would require the Legislative Analyst, instead of the Attorney General, to prepare the ballot title and summary for all measures submitted to the voters of the state and would require the Legislative Analyst, instead of the Department of Finance and the Joint Legislative Budget Committee, to prepare any fiscal estimate or opinion required by a proposed initiative measure. The bill would also change the deadlines applicable to the preparation of a title and summary and a fiscal estimate or opinion. The bill would impose specified requirements with respect to the ballot materials required to be prepared by the Legislative Analyst. The bill would require a court, in determining whether to issue a peremptory writ of mandate regarding a ballot title and summary, ballot label, or other ballot materials prepared by the Legislative Analyst, to not give deference to the Legislative Analyst, but rather to be guided by its duty to protect the interest of the voters to accurate, fair, impartial, and understandable ballot materials. The bill would repeal a provision of law requiring an argument against a measure submitted to the voters by the Legislature to be drafted by a Member of the Legislature and included within the ballot pamphlet, and would grant priority for placement within the ballot pamphlet to an argument against the measure submitted by a voter or group of voters. The bill would make its operation contingent upon the approval by the voters of SCA 19 of the 2011–12 Regular Session, as provided.
The California Constitution provides that the electors may propose a statute or an amendment to the California Constitution by initiative and approve or reject a statute by referendum. An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution, and is certified to have been signed by the required number of electors, as prescribed. A referendum measure may be proposed by presenting to the Secretary of State a petition that sets forth the statute or part of the statute to be submitted to the electors, and is certified to have been signed by the required number of electors. Prior to the circulation of an initiative or referendum petition for signatures, the California Constitution requires that a copy of the petition be submitted to the Attorney General, who must prepare a title and summary of the measure. Existing statutory law also directs the Attorney General to prepare the ballot label, and the ballot title and summary that is included in the ballot pamphlet, for each measure that appears on a statewide ballot. This measure would require that an initiative or referendum petition be submitted to the Legislative Analyst instead of the Attorney General, and would transfer from the Attorney General to the Legislative Analyst the duty of preparing the title and summary for an initiative or referendum that is to be circulated. The measure would also require, for each measure that appears on a statewide ballot, that the Legislative Analyst prepare the ballot label, and the ballot title and summary for the ballot pamphlet.
(1) Existing law prohibits a permanent school employee from being dismissed except for one or more specified offenses. This bill would prohibit a collective bargaining agreement entered into or renewed on or after January 1, 2013, from requiring the removal, after a specified time period, from an employee's record of records pertaining to discipline, complaints, reprimands, or investigations relating to the employee's commission, or potential commission, of one of those specified offenses. (2) Existing law authorizes a governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend him or her for specified causes at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing. Existing law prohibits that notice from being given between May 15th and September 15th in any year. This bill would remove that prohibition. (3) Existing law prohibits the governing board of a school district from acting upon any charges of unprofessional conduct, or unsatisfactory performance, unless at least 45, or 90, calendar days, respectively, prior to the date of the filing of the charges the governing board, or its authorized representative, has given the employee written notice, as specified. This bill would remove those 45-day and 90-day requirements. (4) Existing law requires the governing board of a school district to immediately place an employee on compulsory leave of absence if the employee is charged with a mandatory leave of absence offense, as defined. This bill would require the governing board to transfer a certificated employee to nonclassroom duties that do not involve contact with pupils if the governing board has reasonable cause to believe that the employee is under investigation by a law enforcement agency for commission of a mandatory leave of absence offense. The bill would require an employee transferred under these provisions to continue to receive his or her regular salary during the period of the transfer. If the governing board returns the employee to classroom duties, the bill would require the governing board to record the reason or reasons for the return in a resolution adopted by the governing board. By placing additional duties on school district governing boards regarding the transfer of employee duties, this bill would impose a state-mandated local program. (5) Existing law establishes a Commission on Professional Competence for each dismissal or suspension hearing requested by an employee, consisting of specified members. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board of the school district. This bill would make various changes to the provisions relating to the hearing, including requiring the Commission on Professional Competence to consist solely of an administrative law judge, as well as providing that the decision of the commission would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board of the school district. The bill would provide that an employee requesting a hearing may be placed on administrative leave without pay, and that an employee who is placed on administrative leave would be required to be paid his or her regular salary if he or she furnishes to the school district acceptable security, as specified. (6) Existing law prohibits testimony from being given or evidence being introduced at the hearing relating to matters that occurred more than 4 years prior to the date of the filing of the notice of dismissal or suspension. This bill would remove that 4-year limitation. (7) This bill would make nonsubstantive and conforming changes. (8) 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 establishes, until January 15, 2015, the California Technology Agency, administered by the Secretary of California Technology. The agency and the secretary, among other duties, are required to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture. Existing law also, pursuant to the Administrative Procedure Act, allows an adjudicative proceeding, as defined, to be conducted by electronic means, subject to certain conditions, including, but not limited to, the lack of an objection by all parties to the proceeding. This bill would require the California Technology Agency, or its successor entity, to establish on or before July 1, 2014, and operate thereafter, 8 two-way video teleconferencing centers strategically placed throughout the state to allow individuals who are required to attend adjudicative proceedings to observe, appear, and participate in those proceedings by video teleconferencing. This bill would also require any notice of an adjudicative proceeding to include information explaining a required attendee's option to observe, appear, or participate in those proceedings by using a teleconferencing center. This bill would make conforming changes to existing law to repeal the conditions with regard to conducting hearings by electronic means when the teleconferencing centers are operational.
Existing law provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified. This bill would require that an employee of a school district, county office of education, or charter school, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, or service retirement, or other benefits, forfeit retirement benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. The bill would also require any contributions to the public retirement system made by the employee on or after the earliest date of commission of the felony to be returned, without interest, to the employee upon the occurrence of a distribution event, as defined, unless otherwise ordered by a court or determined by the pension administrator.
Existing law governs the placement of dependent children. The juvenile court, after considering various reports and receiving evidence in a proceeding to terminate parental rights to a dependent child, is authorized to make findings and orders in a specified order of preference that governs the actions that the court may take with respect to the child. Under existing law, adoption is the first preferred order. If the court finds that the child is unlikely to be adopted, the court may appoint a relative with whom the child is currently residing or a nonrelative as the child's legal guardian, in that order, as an alternative to long-term foster care placement. This bill would authorize a court to appoint a nonrelative or relative with whom the child is not currently residing as legal guardian for the child and to order that letters of guardianship be issued.