Sen. Alex Padilla

Existing law, until July 1, 2011, requires the Superintendent of Public Instruction to make prescribed computations each fiscal year to determine an adjusted entitlement to be apportioned to each special education local plan area for each incidence of disability. This bill would instead provide that these provisions would remain in effect indefinitely by deleting the repeal date. This bill would require the Superintendent, on or before January 31, 2012, to update the incidence multiplier used to determine the adjusted entitlement of each special education local plan area using data collected in or after 2008. The bill would require the Superintendent to allocate funds increasingly based upon calculations made using the updated incidence multiplier for the 2011–12 to 2015–16 fiscal years, inclusive, as specified. The bill would provide that this funding is contingent upon an appropriation made in the annual Budget Act or an appropriation contained in another measure.

Existing law requires that pupil attendance and absence be recorded for certain purposes, including meeting requirements relating to the minimum required school day and calculation of average daily attendance. Existing law requires that records of pupil attendance be kept according to specified provisions of law. This bill would authorize a local educational agency to use electronic attendance accounting systems that meet certain requirements, and that are approved by the State Department of Education, for purposes of demonstrating that pupils have satisfied the minimum instructional time requirements and for purposes of computing average daily attendance. The bill also would authorize pupil attendance records to be combined from more than one system, including manual and electronic attendance accounting systems. The bill would specify that its provisions do not authorize the use of radio frequency identification, global positioning systems, biometric information, or any other technology that allows the electronic tracking of pupils or the collection of pupil data, as well as the collection, dissemination, or release of individual pupil data in a manner that violates state or federal privacy law. The bill would state the Legislature's intent that electronic attendance accounting systems only be used to facilitate the recording and reporting of attendance and absence information by employees of the local educational agency or other individuals lawfully provided access to that information.

Existing law requires each school district that has one or more pupils who are English learners, and to the extent required by federal law, a county office of education and a charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires the reclassification procedures developed by the department to use multiple criteria, including, but not limited to, 4 specified criteria, in determining whether to reclassify a pupil as proficient in English. This bill would limit the use of multiple criteria by requiring the use of only the 4 specified criteria.

Existing law establishes various offenses relating to the unauthorized provision of specified items to persons confined in local and state correctional facilities. This bill would provide, subject to exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the Department of Corrections and Rehabilitation any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module (SIM card) or memory storage device, is guilty of a misdemeanor, punishable by a fine not exceeding $5,000 for each device. The bill would also provide that if a person visiting an inmate or ward in the custody of the department, when searched or subjected to a metal detector, is found to be in possession of a cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a SIM card or memory storage device, that cellular telephone or wireless communication device or component shall be subject to confiscation, but shall be returned on the same day the person visits the inmate or ward, except as provided. The bill would require posted notices regarding those search and confiscation provisions, 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.

The Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state, and specifies instances when the board is not required to issue a license. Existing law requires an application for a license to be filed on or before April 15, 2004. Existing law makes it a misdemeanor to sign the application if the signer knows the application has false statements. Existing law, the Stop Tobacco Access to Kids Enforcement Act, or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors. This bill would make the location of a retail location within 600 feet of a public or private elementary or secondary school on or after January 1, 2013, a violation of the STAKE Act, and would prohibit the issuance of a license for a retail location that is located within 600 feet of a public or private elementary or secondary school on or after January 1, 2013. This bill would require the application to include a statement regarding the location. This bill would require the board to cancel licenses for retail locations issued on or after January 1, 2013, if these licenses were wrongfully issued, as specified, would delete the April 15, 2004, application deadline, and would make conforming changes. By changing the definition of a 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.

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, and provides various exemptions from the taxes imposed by that law. Existing law authorizes, until January 1, 2012, the California Alternative Energy and Advanced Transportation Financing Authority to evaluate project applications and to approve projects, as defined by the California Alternative Energy and Advanced Transportation Financing Authority Act, for financial assistance in the form of an exclusion from a "sale" or "purchase" subject to Sales and Use Tax Law. This bill would additionally include advanced manufacturing, as defined, as a project eligible for the above exclusion from the Sales and Use Tax Law. 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 existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.

Existing law, the Stop Tobacco Access to Kids Enforcement Act, or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors, and authorizes enforcing agencies to assess civil penalties against a retailer for violations of the act. Existing law also establishes criminal penalties against a retailer that sells, gives, or furnishes tobacco products to a minor under certain circumstances. This bill would require the State Department of Public Health to develop and maintain the Tobacco License Query System that consists of a public, electronic database containing information regarding retailer violations of the STAKE Act and other specified laws intended to prevent illegal sales of tobacco to minors. This bill would require the department to make the Tobacco License Query System available to the public on the department's Internet Web site by July, 2014, and to update the system on a quarterly basis. By requiring local enforcing agencies to submit information regarding retailer violations of specified tobacco laws to the department, 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, 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 creates the California Transportation Financing Authority with specified powers and duties relative to the issuance of bonds to fund transportation projects to be backed, in whole or in part, by various revenue streams of transportation funds and toll revenues in order to increase the construction of new capacity or improvements for the state transportation system. This bill would, in addition, provide for the authority to issue Build California Bonds, the proceeds of which would be used for specified transportation capital improvements. Bondholders would be entitled to nonrefundable tax credits against their personal income tax or corporate tax liability. The bonds would not be a debt or liability of the state or a political subdivision of the state, except for the authority. The bill would provide for the authority to enter into financing agreements with participating local transportation authorities for the purpose of financing or refinancing transportation projects. Each series of bonds issued by the authority would be secured by a financing agreement between the authority and the local transportation authority. The bill would limit the principal amount of bonds to be issued by the authority under these provisions to $5 billion over a 5-year period commencing January 1, 2012. The bill would enact other related provisions.

This bill would urge the United States Patent and Trademark Office to place a satellite office in California.