Sen. Monique Limón

Under existing law, certain governmental agencies are authorized to request that an insurer or other specified person release to the agency any relevant information deemed important relating to a workers' compensation fraud investigation. Existing law also authorizes insurers to notify any of those governmental agencies of suspected fraud. Those governmental agencies are precluded from releasing this information to any person not authorized to receive the information, and a violation of this prohibition is a crime. This bill would make technical, nonsubstantive changes to those provisions.

Existing law vests with the Department of Parks and Recreation control over the state park system, and requires the department to take various actions to develop, operate, and maintain units of the state park system. Existing law requires specified state agencies to implement policies and measures to address the effects of climate change and facilitate the reduction of greenhouse gas emissions in the state. This bill would require the department, by July 1, 2018, to complete a study that includes recommendations for further action that may be necessary to address the impacts of climate change at units of the state parks system, containing specified information.

(1) Existing law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. Existing law provides that a student, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed an affidavit, as specified, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would, commencing with the 2018–19 academic year, require the California Community Colleges and the California State University, and request the University of California, to designate a Dream Resource Liaison on each of their respective campuses, as specified, to assist students meeting specified requirements, including undocumented students, by streamlining access to all available financial aid and academic opportunities for those students. By requiring community colleges to designate a Dream Resource Liaison, this bill would impose a state-mandated local program. The bill would encourage those institutions to establish Dream Resource Centers, and would authorize those centers to provide specified support services. This bill would authorize the trustees, the board of governors, and the regents to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. (2) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. This bill would require the governing board of a school district or county office of education that maintains any of grades 9 to 12, inclusive, to designate a Dream Resource Liaison at each of their respective campuses that includes any of those grades. By requiring certain school districts and county offices of education to designate a Dream Resource Liaison, this bill would impose a state-mandated local program. (3) 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.

The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2027, would allow a credit under the Personal Income Tax Law in an amount equal to 50% of the costs paid or incurred by a qualified taxpayer, as defined to include specified teachers, to earn a clear teaching credential, as specified. The Personal Income Tax Law, in conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill would provide an exclusion from gross income for 50% of qualified income received on or after January 1, 2017, and before January 1, 2027, by an eligible teacher, as defined, for specified educational work. This bill would state the intent of the Legislature to enact legislation with respect to calculations for minimum amounts of funding for school districts and community colleges. This bill would take effect immediately as a tax levy.

The Water Conservation District Law of 1931 authorizes the formation of water conservation districts and grants to those districts specified powers and purposes. Existing law sets forth provisions that apply only to water conservation districts within Ventura County. This bill would authorize the United Water Conservation District in Ventura County to employ park rangers who would be peace officers if the primary duty of the park ranger is the protection of the properties of the district and the protection of the persons on those properties. The bill would require the district to adhere to certain standards for recruitment and training of peace officers for the purposes of exercising that authority, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the United Water Conservation District.

Existing law imposes an annual tax on the gross premiums of an insurer, as defined, doing business in this state at specified rates. Existing law, until January 1, 2017, allows a credit under the Personal Income Tax Law, the Corporation Tax Law, and a credit against the tax imposed on an insurer in an amount equal to 20% of a qualified investment, as defined, made in a community development financial institution, as defined, but not to exceed, in the aggregate amount under all those laws, $50,000,000 per year and authorizes the California Organized Investment Network to certify investments for the credit until January 1, 2017. Existing law provides that if a qualified investment is reduced before the end of the 60th month, but not below $50,000, an amount equal to 20% of the total reduction for the year shall be added to the tax imposed on the taxpayer. Existing law also provides that if a qualified investment is withdrawn before the end of the 60th month and not reinvested in another community development financial institution within 60 days, the entire amount of any credit previously allowed for that taxable year is required to be added to the tax imposed on the taxpayer. These provisions are repealed on December 1, 2017. This bill would establish similar credits under the Personal Income Tax Law, the Corporation Tax Law, and the tax imposed on an insurer for taxable years or years, as specified, beginning on or after January 1, 2017, and before January 1, 2022. The bill would, as compared to the tax credit that expired on January 1, 2017, require priority for the tax credit to be given to insurance company investors over all other tax credit investors and would instead require that the provision regarding withdrawal, without reinvestment, of a qualified investment also applies when a qualified investment is reduced. This bill would repeal these provisions on December 1, 2022. This bill would take effect immediately as a tax levy.

Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the State Registrar to prescribe and furnish all record forms for use in carrying out the provisions governing vital records and prohibits the use of any record form or format other than those prescribed by the State Registrar. Existing law requires every live birth, fetal death, death, and marriage that occurs in the state to be registered with the local registrar. Existing law requires certificates of live birth, fetal death, or death, and a marriage license to include specified information, such as the full name of the child on a certificate of live birth and the full names of the parties to be married on a marriage license. This bill would require the State Registrar to require the use of a diacritical mark on an English letter to be properly recorded, when applicable, on a certificate of live birth, fetal death, or death, and a marriage license and would require the use of a diacritical mark to be deemed an acceptable entry by the State Registrar. The bill would provide that the absence of a diacritical mark on a certificate of live birth, fetal death, or death, or a marriage license does not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. The bill would authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person's conservator, or if a minor, the person's parent or guardian, to submit a written request to the State Registrar for the issuance of a new certificate of birth, fetal death, death, or marriage stating the changes necessary to make the name correct. The bill would require the State Registrar to review the request and, if the request is accompanied with the payment of a specified fee, to issue a new certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request.

Existing law requires professional preparation for teachers to be made available in the upper division course offerings at all California public institutions of higher learning, except for the California Maritime Academy and the Hastings College of the Law. Existing law also provides that the Commission on Teacher Credentialing shall encourage postsecondary institutions that offer programs of professional preparation to collaborate with school districts, county offices of education, and professional organizations in the design and delivery of local programs to function as part of the California beginning teacher support and assessment program. Existing law also provides that an integrated program of professional preparation enables candidates for teaching credentials to engage in professional preparation, concurrently with subject matter preparation, while completing baccalaureate degrees at regionally accredited postsecondary educational institutions. This bill would require the commission to develop best practice guidance on the establishment of partnerships between local educational agencies and institutions of higher education to offer integrated teacher preparation programs to teach in dual-language and multilanguage educational programs, as specified. The bill would require the commission to make this guidance available on the commission's Internet Web site on or before September 1, 2019.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the act's provisions. The act requires the division to issue a citation to an employer for specified violations of the act's provisions, as provided. Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these new provisions. Because a violation of these provisions would be a crime under certain circumstances, the 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.