The Personal Income Tax Law allows individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would, until January 1, 2016, allow a taxpayer to designate on a tax return that a specified amount in excess of his or her tax liability be deposited into the General Fund. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.
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Existing law, as proposed to be amended by SB 89 of the 2011–12 Regular Session, would require that a specified amount of motor vehicle license fees deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund be allocated by the Controller, as specified, according to a specified order, with moneys allocated on or after July 1, 2004, but before July 1, 2011, first to the County of Orange, next to each city and county meeting specified criteria, and on or after July 1, 2011, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, for allocation to cities, counties, and cities and counties. This bill would instead require for all of those times that a specified portion of those revenues be distributed first to the County of Orange. By authorizing within the Motor Vehicle License Fee Account in the Transportation Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. This bill would become operative only if SB 89 is chaptered, as provided. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.
Existing law establishes the Veterans' Home Allied Council pursuant to the constitution of the Allied Council, Veterans' Home of California, comprised of members of the home, as an advisory body to the Administrator of the Veterans' Home. This bill would provide for the recognition of a Veterans' Home Allied Council as an advisory body to the administration of each veterans' home, and would additionally permit each council to represent veterans who reside in the veterans' home for which the council was established in matters before the Legislature if each council, in the course of providing that representation, complies with specified requirements, as prescribed. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would recognize June 19, 2011, as Veterans of the Republic of Vietnam Armed Forces Day, in memory of the soldiers who sacrificed their lives for freedom and democracy and the victims of the Vietnam War, and in honor of the survivors, activists, and freedom fighters of that war.
Existing provisions of the Political Reform Act of 1974 require specified candidates for elective office, elected and appointed state officers, and public officers and employees to file statements of economic interests with specified entities according to the employing agency or office of the officer, employee, or candidate. This bill would direct persons appointed to a state board, commission, or similar multimember body of the state, other than those specified in the existing provisions described above, to file their statements of economic interests with the respective board, commission, or body. The bill would require the original statements of economic interests to be handled as set forth in the Conflict of Interest Code of the respective board, commission, or body and, if the board, commission, or body is not required to send the original to the Fair Political Practices Commission pursuant to its Conflict of Interest Code, the bill would require the board, commission, or body to forward a copy to the Fair Political Practices Commission. Existing provisions of the Political Reform Act of 1974, with respect to statewide elected officers, candidates for statewide elective office, Members of the Legislature, the State Board of Equalization, and candidates for the Legislature or the State Board of Equalization, require copies of the statements of economic interests be sent, among other places, to the Secretary of State and certain local elections officials, as specified. This bill would eliminate the requirement that copies of the above-described statements of economic interests be sent to the Secretary of State and the specified local elections officials. Because a violation of the act is a misdemeanor, the bill would impose a state-mandated local program by creating a new crime. 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 Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law prohibits an operator of a skateboard park from permitting any person to ride a skateboard in the park unless that person is wearing a helmet, elbow pads, and knee pads. Existing law further describes how those requirements may be satisfied with respect to a recreational skateboard facility owned and operated by a local public agency, as specified. Existing law, until January 1, 2012, further provides that skateboarding at a public skateboard park is a hazardous recreational activity, if all of specified conditions are met, including if the person skateboarding is 12 years of age or older. This bill would continue indefinitely the latter provision deeming skateboarding at a public skateboard park a hazardous recreational activity. Existing law, until January 1, 2012, requires a local public agency to maintain a record of injuries incurred by a skateboarder in a public skateboard park or facility constructed after 1998 and all claims and lawsuits against the public agency arising from those injuries. Existing law requires copies of those records to be filed annually with the Judicial Council, and existing law required the Judicial Council to submit a specified report on those injuries, claims, and lawsuits to the Legislature by March 31, 2011. This bill would extend the requirement to maintain those records indefinitely, and also would, for injuries on and after January 1, 2012, apply the requirement to public skateboard parks constructed on or after January 1, 1996. The bill would also require copies of the records of claims and lawsuits, beginning in 2013, to be filed annually with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. By extending the requirement of that recordkeeping, 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.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the procedures for incorporations and changes of organizations of cities, including procedures for disincorporation. This bill would provide that every city with a population of less than 150 people as of January 1, 2010, would be disincorporated into that city's respective county as of 91 days after the effective date of the bill, unless a county board of supervisors determines, by majority vote within the 90-day period following enactment of these provisions, that continuing such a city within that county's boundaries would serve a public purpose if the board of supervisors determines that the city is in an isolated rural location that makes it impractical for the residents of the community to organize in another form of local governance. The bill would also require the local agency formation commission within the county to oversee the terms and conditions of the disincorporation of the city, as specified. The bill would become operative only if AB 781 of the 2011–12 Regular Session is enacted.
(1) Existing law requires every state agency subject to the Administrative Procedures Act to provide an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation. Existing law also requires that the initial statement of reasons include, among other things, facts, evidence, documents, testimony, or other evidence on which the agency relies to support a specified determination. This bill would additionally require that if the proposed regulation impacts housing, the initial statement of reasons include the estimated cost and benefits of compliance and the related assumptions used in determining that estimate. (2) Existing law requires every state agency to provide notice of the proposed adoption, amendment, or repeal of a regulation and requires a designated agency officer to make publicly available the agency's evaluation, if any, of the effect of the proposed regulatory action on housing costs. The bill would require that in making the evaluation available to the public, the agency officer include the estimated costs and benefits of compliance.
(1) The State Teachers' Retirement Law (STRL) establishes the Defined Benefit Program of the State Teachers' Retirement System, which provides a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. STRL also establishes the Defined Benefit Supplement Program, which provides supplemental retirement, disability, and other benefits, payable either in a lump-sum payment, an annuity, or both to members of the State Teachers' Retirement Plan. STRL defines creditable compensation for these purposes as remuneration that is payable in cash to all persons in the same class of employees, as specified, for performing creditable service. This bill would revise the definition of creditable compensation for these purposes and would identify certain payments, reimbursements, and compensation that are creditable compensation to be applied to the Defined Benefit Supplement Program. The bill would prohibit one employee from being considered a class. The bill would revise the definition of compensation with respect to the Defined Benefit Supplement Program to include remuneration earnable within a 5-year period, which includes the last year in which the member's final compensation is determined, when it is in excess of 125% of that member's compensation earnable in the year prior to that 5-year period, as specified. The bill would prohibit a member who retires on or after January 1, 2013, who elects to receive his or her retirement benefit under the Defined Benefit Supplement Program as a lump-sum payment from receiving that sum until 180 days have elapsed following the effective date of the member's retirement. (2) Existing law permits a retired member of STRS to perform specified activities as an employee of an employer in the system, as an employee of a 3rd party, or as an independent contractor within the California public school system, but prohibits the member from making contributions to the retirement fund or accruing service credit based on compensation earned from that service. Existing law conditions this authorization on a variety of factors including limitations on the rate of pay of the member and the total amount of compensation. Existing law prohibits compensation, in this regard, for a member who is below normal retirement age for the first 6 months after retirement for service. This bill would apply the prohibition described above to employees retiring on or after January 1, 2013, for the first 180 days after retirement for service. The bill, beginning January 1, 2013, and until June 30, 2014, would exclude from that postretirement compensation limitation up to $2,500 of compensation earned by a member who retired for service and returned to work during the first 180 days after retirement as a substitute employee, as specified, if other conditions are met. (3) Existing law establishes the Cash Balance Benefit Program, administered by the Teachers' Retirement Board, as a separate benefit program within the State Teachers' Retirement Plan in order to provide a retirement plan for persons employed to perform creditable service for less than 50% of full-time service. Existing law provides that the normal form of benefit under the program is a lump-sum payment, after which further benefits are not payable. This bill would permit the board to assess penalties for late and improper adjustments on contributions in connection with the Cash Balance Benefit Program. The bill would prohibit a member who retires on or after January 1, 2013, from receiving the lump-sum payment under the program until 180 days have elapsed following the effective date of the member's termination of employment. (4) The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement System, which is administered by its board of administration, and which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines compensation earnable and other related terms for purposes of calculating a member's retirement allowance. PERL requires employers and contracting agencies participating in the system to provide notice to the board of the change of status of a member. This bill would require a participating employer and contracting agencies to immediately notify the board of a change that may affect a member's payrate for purposes of compensation earnable and would authorize the board to assess a reasonable fee upon an employer that fails to do so. The bill would authorize the board to assess a reasonable amount to cover the cost of audit, adjustment, or correction, if it determines that an employer knowingly failed to comply with requirements regarding the reporting of compensation. The bill would specify that payrate means, among other things, the member's monthly base pay, would connect payrate to publicly available pay schedules, and would establish requirements for computation of the payrate of a member for a leave without pay. The bill would prescribe a process for determining if specific compensation items are special compensation. The bill would prohibit a person who retires on or after January 1, 2013, from being employed in any capacity by the state, the University of California, a school employer, or a contracting agency until that person has been separated from service for a period of at least 180 days, subject to existing exceptions, unless the employee is subject to a collectively bargained early retirement plan with the California State University in effect prior to January 1, 2013. The bill also would make additional related changes and would make a statement of legislative findings. This bill would provide that its provisions would become operative on July 1, 2012, except as specified.