Existing law authorizes a city or county, or city and county to levy a tax, as provided, on the sale at retail within its jurisdiction of aerosol paint containers, felt tip markers, as specified, and marking substances or instruments at the rate of no more than $0.10 per aerosol paint container or container of other marking substance, and no more than $0.05 per felt tip marker meeting specified requirements or other marking instrument. Existing law requires the State Board of Equalization to enforce and administer these provisions. This bill would increase the amount of the tax authorized to be levied under these provisions to $0.25 per aerosol paint container or felt tip marker meeting specified requirements, would revise the definition of an aerosol paint container, and would delete the authorization for the levy of a tax for containers of other marking instruments and other marking substances. The bill would also require any jurisdiction implementing the tax to provide retailers of products subject to the tax the option to store or display the products in an area continuously observable by employees, as specified, or in an area not accessible to the public without employee assistance.
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Existing law requires the Superintendent of Public Instruction to administer child care and development programs, including California state preschool programs, and requires applicants and contracting agencies to give first priority to children who meet specified criteria, including 3- or 4-year-old neglected or abused children who are the recipients of child protective services. This bill would also give first priority to neglected or abused children who are in family maintenance, family preservation, and unification, and to certain other high-risk children who meet specified criteria. The bill would give certain high-risk children the right to continuous enrollment in a state preschool program or a child care and development program that is licensed or is operated by a local educational agency if the child's residence or placement changes. Under existing law, a family is required to meet certain requirements to be eligible for federal and state subsidized child development programs, and requires certain children to be given first priority for those services. This bill would expand the eligibility requirements to include certain other high-risk children, and would also require first priority to be given to children from birth to 5 years of age who meet specified other requirements. The bill would require each county operating a state-funded child care and development program to annually inform the State Department of Education if the county does not provide information on child care and development programs, as specified. By imposing additional duties on local agencies, 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, 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.
The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property, and requires that all revenues derived from that tax, except as provided, be deposited in the State Treasury to the credit of the Retail Sales Tax Fund. Existing law establishes in state government the California Arts Council and imposes various duties on the council to foster arts development and to award grants and prizes to individuals and organizations in the arts, as provided. This bill would establish the Creative Industries and Community Economic Revitalization Act of 2010, which would create, in the State Treasury, the Creative Industries and Community Economic Revitalization Fund. The bill would require that 20% of all revenues derived from the payment of sales and use taxes that are remitted to the State Board of Equalization by the taxpayers engaged in specified lines of business, as provided, be deposited in the fund. The council would be authorized to expend the moneys in the fund, upon appropriation by the Legislature, to issue grants pursuant to the act. The bill would authorize a city, county, district, including, but not limited to, a regional park district, a joint powers authority, or a nonprofit arts organization deemed eligible by the council, to apply to the council for a local assistance program grant for organizational support. The council would be required, when issuing a grant, to encourage joint partnerships between applicants, and to submit an annual report to the Legislature that includes the status of each grant made pursuant to the act.
Existing law establishes the Office of Planning and Research within the office of the Governor to, among other duties, assist the Governor and the Governor's cabinet in long-range planning and research. This bill, upon a specified determination by the Department of Finance, would establish the Office of Federal Funding Information and Assistance within the Office of Planning and Research to increase the capacity of eligible entities in this state to successfully apply for federal funds. This bill would require the Office of Federal Funding Information and Assistance to submit an annual report on its activities to the Governor and the Legislature, and authorize it to seek federal funding, charge reasonable fees, and enter into specified partnerships to provide for the costs of performing its duties.
(1) Existing law establishes the State Board of Education to adopt policies, and to establish rules and regulations, not inconsistent with the laws of the state, to govern the public elementary and secondary schools of the state. Existing law provides that the state board consists of 10 members, who are appointed by the Governor to 4-year terms with the advice and consent of 23 of the Senate. Existing law also provides for the appointment by the Governor, with the advice and consent of 23 of the Senate, of a student member to a single one-year term commencing on August 1. Existing law authorizes the state board to issue subpoenas to compel the attendance of witnesses before the board, or before any member of the board, in the same manner as any court in the state. This bill would require that the 10 nonstudent appointees to the state board represent, and reside in, different geographical areas of the state, reflect the ethnic and gender diversity of the state's population, and represent the various disciplines active in the public education system. The bill would eliminate the authority of the state board to establish statewide educational policy and issue rules and regulations for the governance of public elementary and secondary schools. The bill would instead provide that the state board, working with the Secretary for Education, whose office would be established by this bill, would advise the Governor on education policy. The bill would eliminate the authority of the state board to issue subpoenas to compel the attendance of witnesses. (2) Existing law requires the Superintendent of Public Instruction, among other things, to execute, under the direction of the State Board of Education, the policies decided upon by the state board. This bill would eliminate the requirement that the Superintendent of Public Instruction execute policies of the State Board of Education. The bill would instead define the function of the Superintendent as ensuring the delivery of high-quality education to the pupils of the state who attend preschool, kindergarten, and grades 1 to 12, inclusive. The bill would establish the Secretary for Education as a cabinet-level officer, appointed by the Governor with the advice and consent of 23 of the Senate, who would work together with the state board to advise the Governor on education policy.
This measure would memorialize the Congress and the President of the United States to uphold protections of women's equality and to encourage all Americans to participate in the celebration of Women's Equality Day on August 26, 2010, the 90th anniversary of the passage of the Nineteenth Amendment to the United States Constitution, which gave women the right to vote.
Existing law, the Mello-Granlund Older Californians Act, creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging. This bill would require, if specified conditions are met, the department to report data from the Elder Economic Security Standard Index (Elder Index) , as defined, for each service area included in the state plan. Existing law establishes area agencies on aging with specified duties, including creation of a plan for the agencies that considers available data and population trends, assesses the need for services, identifies sources of funding for services, and develops and implements a plan for the delivery of services based on the need. This bill would also require, if specified conditions are met, that the plan utilize the Elder Index to specify the cost of meeting basic needs for elders in each planning and service area, and identify the number or percentage of elders who are living at or below the Elder Index. Existing law, the federal Older Americans Act, provides for various programs, including the Senior Community Service Employment Program (SCSEP) , an employment and training program for employed, low-income seniors. This program is locally administered by area agencies on aging. This bill would require, if specified conditions are met, that the area agencies on aging use the Elder Index to track state-administered SCSEP participants progress toward economic sustainability.
Existing law provides that a gift certificate sold after January 1, 1997, is redeemable in cash or subject to replacement with a new gift certificate. Existing law also provides that a gift certificate with a cash value of less than $10 may be redeemed in cash, as defined, for its cash value. Existing law prohibits the sale of a gift certificate that contains a dormancy fee, subject to specified exceptions. This bill would delete those exceptions and expressly prohibit the sale of a gift certificate that contains a dormancy fee.
Existing law provides for the licensure of various health facilities, including general acute care hospitals, skilled nursing facilities, and intermediate care facilities, and congregate living health facilities by the State Department of Public Health. Certain of these facilities are included under the category of long-term health care facilities, as defined. A violation of these provisions is a crime. Existing law requires each hospital to have in effect a written discharge planning policy and process that requires appropriate arrangements for posthospital care and a process that requires that each patient be informed, orally or in writing, of the continuing care requirements following discharge from the hospital, as specified and additionally requires specific information to be provided to a patient anticipated to be in need of posthospital care. This bill would require a hospital that is required to provide, as part of its discharge policy, information to patients anticipated to need posthospital care, to provide the information both orally and in writing to the patient and, if necessary, to his or her representative, at the earliest possible opportunity prior to discharge. By changing the definition of an existing crime, this bill would impose a state-mandated local program. Existing law establishes the California Partnership for Long-Term Care Program and requires the State Department of Health Care Services to adopt regulations to administer the program. This bill would require the State Department of Health Care Services to initiate a process to develop or identify, by no later than July 1, 2012, a tool for the uniform long-term care services assessment of individuals in order to assist eligible consumers in finding long-term care services of their choice, as specified. The department would be required to submit a report on the use of these assessments to the Legislature. This bill would, among other things, if the director makes a specified certification, require a county to establish a long-term care case management program for specified persons. The bill would require the program to provide prescribed services, including assessment of care needed for persons in long-term health care facilities, as defined, to enable them to reside in the community and the services necessary to provide that case, and would require the county or its designees to assign care managers to each long-term health care facility within the county. After these facilities are notified of the appropriate case manager, each facility would be required to inform the case manager when a new patient or resident is admitted and may need specified assistance. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The bill also would require a long-term health care facility to display at least one poster, in an area accessible to residents, advertising the telephone number of the facility's designated case manager, thus changing the definition of an existing crime and imposing a state-mandated local program. The bill would also require these persons, upon a discharge from a long-term health care facility, to be provided with prescribed services by the county, and would express intent pertaining to the funding of these services. Because the bill would impose various duties on each county, the bill would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, any taxing agency or instrumentality of the state may file a petition and prosecute to completion bankruptcy proceedings permitted under the laws of the United States. This bill would provide that a local public entity may only file under federal bankruptcy law with the approval of the California Debt and Investment Advisory Commission, except as specified. The bill would also provide an alternative procedure for a local entity to file under federal bankruptcy law by submitting specific analyses regarding its financial position to the State Auditor who would be required to audit the analyses and financial position of the local entity. The bill would make the local public entity responsible for the costs of the audit, as specified. The public entity would be authorized to file a petition under federal bankruptcy law after the State Auditor has notified the public entity of completion of its audit work and made public the findings of that audit.