(1) Existing provisions of the California Constitution prohibit the annual appropriations subject to limitation, as defined, of any entity of state or local government from exceeding its adjusted annual appropriations limit. These provisions also require 50% of the excess revenues received by the state in a fiscal year and the fiscal year immediately following it to be transferred and allocated, from a fund established for that purpose, to the State School Fund, and the remaining 50% of those excess revenues to be returned by a revision of tax rates or fee schedules within the next 2 subsequent fiscal years. This measure would repeal those provisions, and instead would limit total state General Fund and special fund expenditures to an annual increase of no more than the increase in the cost of living, as specified, multiplied by the percentage increase in state population. The measure would require excess revenues to be allocated in prescribed amounts to a reserve account, to the State School Fund, and to personal income taxpayers. In addition, the measure would prohibit the expenditure of revenue resulting from any changes in state taxes or fees enacted into law for the purpose of increasing revenue, as determined by the Director of Finance, for a period of 12 months following the date on which the changes in state taxes or fees become operative and would deem those revenues, during this period, not to be General Fund revenues. (2) Existing provisions of the California Constitution require that whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state is required to provide a subvention of funds to reimburse the local government for the costs of the program or increased level of service, with specified exceptions. This measure would prohibit the filing of a claim for reimbursement for any mandate if no claim for that reimbursement is filed within a 2-year period following the effective date of the mandate. The measure would repeal specified procedures for payment of local government mandate claims.
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The Personal Income Tax Law and the Corporation Tax Law impose taxes upon taxable income at specified rates. This bill would declare the intent of the Legislature to enact subsequent legislation that would reduce those rates, as provided.
(1) Existing law classifies controlled substances into 5 schedules, with the most restrictive limitations placed on controlled substances classified in Schedule I, and the least restrictive limitations placed on controlled substances classified in Schedule V. A controlled substance in any of the schedules may be possessed or dispensed only upon a lawful prescription, as specified. Existing law does not classify ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine within any of these 5 schedules, but provides that it is a crime, punishable as specified, for a person in this state who engages in specified transactions involving those drugs to fail to submit a report to the Department of Justice of all of those transactions, or to fail to submit an application to, and obtain a permit for the conduct of that business from, the Department of Justice, as specified. Existing law prohibits the sale of more than 3 packages or 9 grams of a nonprescription product containing ephedrine or the other drugs, as specified. This bill would instead provide that it is a misdemeanor, punishable as specified, for any retail distributor, except pursuant to a valid prescription from a licensed practitioner with prescriptive authority, to sell or distribute to a person specified amounts of nonprescription products containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine within specified time limits, to sell or distribute any of those substances to a person whose information has generated an alert, or, except under specified conditions, to sell or distribute to any purchaser a nonprescription product containing any amount of those substances. The bill would contain provisions requiring the secure storage of products containing any amount of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and providing for the creation of an electronic authorization and monitoring system for the collection of, access to, and sharing of information regarding these transactions, as specified. The bill would provide that the information in the system may not be used for any purpose other than to meet the requirements of, or comply with, this act or a certain federal act, as specified. The bill would specify legislative findings, declarations, and intent. The bill's provisions would remain in effect only until January 1, 2017. By creating a new crime, this bill would impose a state-mandated local program. (2) 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.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by a governing board, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law requires community colleges to offer instruction through, but not beyond, the 2nd year of college and authorizes community colleges to grant associate in arts and science degrees. This bill would authorize the Grossmont-Cuyamaca Community College District, San Diego Community College District, and San Mateo County Community College District to establish and participate in a baccalaureate degree pilot program. This bill would require a baccalaureate degree pilot program to expire 8 years after the establishment of the program. This bill would require a district, as defined, that establishes and participates in a baccalaureate degree pilot program to meet specified requirements, including, but not limited to, offering baccalaureate degrees in a limited number of fields of study, and submitting a report to the Legislature within one year prior to the expiration of the baccalaureate degree pilot program that would evaluate specified factors. This bill would also require the governing board of the district to perform certain functions and would authorize the governing board to charge baccalaureate degree-seeking students a fee for enrollment in specified courses, which would be required to be expended for the purpose of providing a pilot program. This bill would authorize the governing board of the district to enter into agreements with local businesses and agencies to provide educational services to students participating in a baccalaureate degree pilot program.
Existing law, generally, imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, for the first 10 taxable years of a corporation, limited partnership, limited liability partnership, and limited liability company that is a small business, as defined, and that first commences business operations on or after January 1, 2011, and before January 1, 2016, reduce that minimum tax, as provided. This bill would take effect immediately as a tax levy.
Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. Existing law provides that, in the case of certain officers and employees of the Department of Corrections and Rehabilitation and each security officer employed at the Atascadero State Hospital, the term "injury" includes heart trouble that develops or manifests itself during a period while the officer or employee is in the service of the department or hospital, and establishes a disputable presumption that heart trouble that so develops or manifests itself arose out of and in the course of the employment. Existing law establishes state hospital peace officers, as specified, and defines their authority as peace officers. This bill would delete the reference in the above-described provisions to officers at the Atascadero State Hospital as security officers, and instead, refer to those officers as peace officers. The bill would also add peace officers employed at other hospitals, developmental centers, and community centers, as specified, to the list of persons to whom the above-described injury presumption applies.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. This bill would declare the intent of the Legislature to address the scope of practice of pharmacists.
(1) Existing law establishes the California Private Postsecondary Education Act of 2009, which, among other things, provides for student protections and regulatory oversight of private postsecondary schools in the state. Existing law establishes the Bureau for Private Postsecondary Education to regulate private postsecondary institutions through the powers granted, and the duties imposed, by the act. This bill would prohibit the bureau, for the period July 1, 2010, to July 1, 2011, inclusive, from enforcing the act against institutions that offer flight instruction or institutions that offer Federal Aviation Administration certified educational programs in aircraft maintenance. The bill would also require those institutions to notify the bureau if they operate during that period. (2) The act prohibits institutions, as defined, from performing various actions. This bill would prohibit an institution from offering an unaccredited doctoral degree program without disclosing to prospective students that the degree program is unaccredited, and any known limitation of the unaccredited degree, including, but not limited to, whether the degree is recognized for licensure or certification in other states. (3) The act prohibits an ability-to-benefit student, defined as a student who does not have a certificate of graduation from a school providing secondary education, or a recognized equivalent of that certificate, from enrolling in an institution unless the student achieves a specified score on an independently administered examination from a specified list of examinations prescribed by the United States Department of Education that demonstrates that the student may benefit from the education and training being offered. This bill would authorize the Bureau for Private Postsecondary Education to publish its own list of acceptable examinations if the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training. (4) The act requires specified private postsecondary institutions to refund 100% of the amount paid for institutional charges, less specified expenses, if notice of cancellation is made through attendance at the first class session, or the 7th class day after enrollment, whichever is later. This bill would change the 2nd deadline for notice of cancellation from the 7th class day after enrollment to the 7th day after enrollment. (5) Existing law defines "graduates employed in the field," for purposes of the act, as graduates who are gainfully employed within 6 months of graduation in a position for which the skills obtained through the education and training provided by the institution are required or provided a significant advantage to the graduate in obtaining the position. This bill would revise this definition to remove skills obtained that have provided a significant advantage to the graduate in obtaining the position, and include skills that are utilized to perform the purpose or objective of the position or the major responsibilities of the position. (6) Existing law appropriates $580,000 from the Private Postsecondary and Vocational Education Administration Fund to the Bureau for Private Postsecondary Education, for the purpose of funding 5 private postsecondary education specialist and senior specialist positions. This bill would require those positions to be permanent, full-time positions to perform work in conformity with the classification specifications as directed by the bureau chief. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses by the Board of Registered Nursing and makes a violation of the act a crime. Existing law requires a licensee renewing his or her license to submit proof to the board that during a specified time the licensee has been informed of developments in the registered nursing field either by pursuing a continuing education course offered by a provider approved by the board or by other means deemed equivalent by the board. Existing law requires the board to establish, by regulation, standards for continuing education. Existing law requires these standards to make a variety of alternative forms of continuing education available to licensees. Existing law requires the content of all courses of continuing education to be relevant to the practice of nursing. This bill would provide that continuing education courses, as specified, that advance or promote labor organizing on behalf of a union, or that advance or promote statutory or regulatory changes, political candidates, political advocacy, or political strategy shall not be considered content relevant to the practice of nursing and shall not be acceptable for meeting requirements for licensure renewal. The bill would also prohibit an approved provider from representing that such a continuing education course is acceptable for meeting requirements for licensure renewal and would require the board, subject to specified procedural requirements, to withdraw its approval of a provider that violates that requirement for no less than 5 years, as specified. Because a violation of these requirements by a provider would constitute a crime, 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. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would recognize the Lunar New Year 4708 celebration.