The Corporation Tax Law provides that income derived from or attributable to sources within this state includes income from specified types of property. This bill would make technical, nonsubstantive changes to that provision.
Existing law prohibits, with specified exceptions, an employer from requiring any employee to work during a meal or rest period mandated by an applicable order of the Industrial Welfare Commission. Existing law requires, with specified exceptions, employers to provide meal and rest periods to employees during work periods of specified duration. This bill would exempt from these provisions an employee in the transportation industry whose work places him or her inside an armored car in shifts during a workday.
Existing law requires the payment of taxes, fees, and surcharges that are administered by the State Board of Equalization under the provisions of the Sales and Use Tax Law, Motor Vehicle Fuel Tax Law, Use Fuel Tax Law, Private Railroad Car Tax Law, Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, Timber Yield Tax Law, Energy Resources Surcharge Law, Emergency Telephone Users Surcharge Act, Hazardous Substances Tax Law, Integrated Waste Management Fee Law, Oil Spill Response, Prevention, and Administration Fees Law, Underground Storage Tank Maintenance Fee Law, Fee Collection Procedures Law, and Diesel Fuel Tax Law. Existing law also creates a state tax lien that attaches to the property of any person who fails to pay any amount imposed under these laws when that amount becomes due and payable, but remains unpaid. Existing law requires that this state tax lien continue in effect for 10 years unless sooner released or discharged, or unless a notice of state tax lien is filed, as provided. This bill would authorize the State Board of Equalization or the Controller to withdraw notice of a state tax lien if the liability that gave rise to the state tax lien, including penalties and interest, is paid in full. This bill would further require that any withdrawn state tax lien be applied as if notice of the state tax lien had not been filed, and require, as specified, written notice of the withdrawal of the state tax lien.
Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the Director of Industrial Relations to determine the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work. Existing law requires the body awarding a contract for public work to obtain from the Director of Industrial Relations the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work. This bill would make technical, nonsubstantive changes to the provisions relating to the prevailing rate of per diem wages.
Existing law creates the Joint Legislative Budget Committee to ascertain facts and make recommendations to the Legislature and to the houses thereof concerning the state budget, the revenues and expenditures of the state, the organization and functions of the state, its departments, subdivisions, and agencies, and such other matters as may be provided for in the Joint Rules of the Senate and Assembly. This bill would create the Joint Legislative Committee on Job Creation and Economic Development and require the committee to hear testimony from business representatives regarding how to improve job creation and economic development. The bill would require the committee to transmit a record of the recommendations received to each Member of the Legislature for the purpose of enacting legislation to improve job creation and economic development.
Existing law, the DNA Fingerprint, Unresolved Crime and Innocence Protection Act, an initiative measure approved by the voters in the November 2, 2004, statewide general election, creates in the State Treasury the state's DNA Identification Fund, and makes revenue from the fund, upon appropriation by the Legislature, available to the Attorney General solely to support DNA testing and to offset the impacts of increased testing. That act also provides for an increase in criminal penalties, revenues from which are allocated to state and local government to fund the expansion of DNA collection as required by the act. Of the funds attributable to that increase in penalties, existing law allocates 70% of the funds to the state within the first 2 years following the approval of the act; 50% of the funds to the state in the 3rd year; and thereafter, 25% of the funds to the state, with the remaining funds allocated to local governments. Existing law provides that any funds remaining in a county's share of the increase may be used for specified purposes, including expenditures made in connection with the processing, analysis, tracking, and storage of DNA crime scene samples from cases in which DNA evidence would be useful in identifying or prosecuting suspects, including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA crime scene samples. This bill would specifically provide that a county's remaining share of funds attributable to the increase in penalties as required by the act may be used by a local sheriff, police department, district attorney, or other law enforcement agency for expenditures and administrative costs made or incurred for utilizing a laboratory, other than the Department of Justice Laboratory, as specified, to expedite the analysis and processing of rape kits and uploading rape kit information to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. The DNA Fingerprint, Unresolved Crime and Innocence Protection Act specifies that its provisions may be amended by the Legislature if the amendment furthers the act and is consistent with the purpose of the act to enhance the use of DNA identification evidence for the purpose of accurate and expeditious crime solving and for exonerating the innocent. This bill would also include a legislative finding that the bill furthers, and is consistent with, the purpose of that act, as specified. Existing law, the Sexual Assault Victims' DNA Bill of Rights, establishes specified rights for sexual assault victims and requires notification to sexual assault victims prior to the destruction or disposal of rape kit evidence under certain circumstances. This bill would, among other things, require law enforcement agencies that obtain rape kits in connection with the investigation of a criminal case to submit those rape kits to a laboratory, approved and designated by the Department of Justice, within 10 business days of receipt. The bill would require any laboratory that receives a rape kit from a law enforcement agency, as specified, to complete analysis of that rape kit within 6 months of receipt if sufficient staffing and resources are available. The bill would require that the results of all rape kits submitted for analysis pursuant to these provisions be uploaded, pursuant to rules and procedures established by the department, to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. The bill would require any state or local law enforcement agency, on or before March 1, 2012, to provide written notice to the Department of Justice stating the number of rape kits that have not yet been previously submitted for analysis. Because this bill would impose additional duties on local law enforcement agencies, it would impose a state-mandated local program. The bill would require the department to report to the Legislature and make publicly available on its Internet Web site the number of unprocessed rape kits collected statewide prior to the operative date of this act and information related to the reduction of any backlog. 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 provides that the punishment for committing an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of his or her duties, when that school employee is engaged in the performance of his or her duties, is imprisonment in the state prison for 3, 4, or 5 years, or in a county jail not exceeding one year. This bill would make technical, nonsubstantive change to these provisions.
Existing law, enacted by initiative statute, enumerates specified crimes for which a minor 14 years of age or older may be prosecuted under the general law in a court of criminal jurisdiction, as specified. The initiative statute provides that any amendment of its provisions requires a 23 vote of the membership of each house of the Legislature. Under existing law, when a minor is alleged to have committed any of the enumerated crimes, a probation officer is required to investigate and submit a report for the court to consider in deciding whether to prosecute the minor as an adult. This bill would enact Pamela and Izaiah's Law, which would add both vehicular manslaughter while intoxicated and causing great bodily injury while driving intoxicated to those enumerated crimes. By imposing additional responsibilities on probation officers, 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 requires the adopted course of study for grades 1 to 6, inclusive, and grades 7 to 12, inclusive, to include courses in the social sciences for the purpose of, among other things, providing pupils with a foundation for understanding the history, resources, development, and government of California and the United States of America. This bill would require the Superintendent of Public Instruction and the State Board of Education to consider methods for enhancing pupil knowledge of, and pride in, our history and form of government and for increasing civic participation. The bill would set forth methods that the Superintendent and the state board should consider to accomplish these goals, which include, among other things, developing new curriculum frameworks and, if necessary, standards, expanding the time, and grades in which, American history and government are studied, and requiring a basic understanding of United States history in order to graduate from high school.
Existing law requires the Commission on Teacher Credentialing to establish standards for the issuance and renewal of teaching credentials, certificates, and permits, subject to specified provisions of law. This bill would state the intent of the Legislature to enact legislation relating to teacher credentialing.
