Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation. Existing law provides that the authority is authorized and empowered to operate industrial, agricultural, and service enterprises in order to provide products and services needed by the state. Existing law requires that state agencies purchase Prison Industry Authority products, make maximum utilization of these products, and consult with the staff of the authority to develop new products and adapt existing products to meet their needs. This bill would provide that these requirements shall not restrict state agencies from entering into contracts or purchase orders of $25,000 or less with California certified small businesses, microbusinesses, or disabled veteran business enterprises for products provided at a lower price than the price available from the Prison Industry Authority.
Sponsored bills
Existing law provides for local health care districts which govern certain health care facilities. Each health care district has specific duties and powers respecting the creation, administration, and maintenance of the districts, including to purchase, receive, take, hold, lease, use, and enjoy property of every kind and description of property within the district. Existing law permits the Sonoma Valley Health Care District, upon the approval of its board of directors, to use a design-build procedure when assigning contracts for the construction of a building and improvements directly related to a hospital or health facility building at the Sonoma Valley Hospital. This bill would allow the Tahoe Forest Health Care District and a health care district authorized by the Office of Statewide Health Planning and Development, upon approval of the district's board of directors, to use the design-build procedure to assign contracts for the construction of a hospital or health facility building. This bill would repeal the above-described health care district authorization on January 1, 2016.
This measure would recognize the 45th Anniversary of the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and would recognize the value to the state of agricultural land conservation contracts.
This measure would declare April 2010 as Financial Aid and Literacy Month to raise public awareness about the need for increased financial literacy.
Existing law generally provides that a state agency that acquires property or services pursuant to a contract with a business, but fails to make payment to the person or business on the date required by the contract, shall be subject to a late payment penalty, as specified. Existing law provides that the penalty payable to a certified small business, a nonprofit organization, or a nonprofit public benefit corporation, as specified, is 14 of 1% of the amount due, per calendar day, from the required payment date, except as specified. This bill would include resource conservation districts within the list of entities entitled to the late payment penalty described above for the failure of a state agency to make payment for goods and services to a resource conservation district pursuant to a contract, as specified.
The Personal Income Tax Law authorizes a credit against the taxes imposed by that law in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after March 1, 2009, and before March 1, 2010, but not to exceed an aggregate limitation of $100,000,000 for all credits allowable. Existing law requires a certification that the residence has never been occupied be provided to the Franchise Tax Board within one week of the sale of the qualified principal residence. This bill would limit the credit to taxpayers who purchased a qualified principal residence on and after March 1, 2009, and before July 3, 2009, and on and after the effective date of this bill and before March 1, 2010. This bill would also require the aggregate limitation of credits to be reduced by a specified amount per certification received by the Franchise Tax Board. (2) The bill would appropriate the sum of $44,000 from the General Fund to the Franchise Tax Board, in augmentation of a specified appropriation made in the 2009-10 Budget Act. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes county officials to place and maintain on any state or county highway within their respective jurisdictions, at or near the county line and at county expense, signs stating or adding "Where We Honor Veterans." If located on a state highway, these signs are subject to approval by the Department of Transportation. This bill would include "In Honor of Our Vietnam Veterans" as an alternative or additional statement for these signs.
The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless those records are exempt from disclosure. This bill would require specified entities to comply with the act, but would not require these entities to disclose information obtained in the process of soliciting potential donors that has actual or potential independent economic value because it is not generally known to the public or because the individuals can obtain economic value from its disclosure or use. This bill would specify that it is not the intent of the Legislature to designate specified organizations as state agencies by subjecting these organizations to the requirements of the act. The bill would exempt from disclosure under the act the names, addresses, and telephone numbers of persons who volunteer services or donate to specified entities if those persons request anonymity. However, the bill would provide that this exemption does not apply if a volunteer or donor meets specified conditions. This bill would also provide that it is the intent of the Legislature to reject the court's interpretation of state law regarding the application of the act to auxiliary organizations, such as the CSU Fresno Association, at issue in California State University, Fresno Assn., Inc. v. Superior Court (2001) 90 Cal.App.4th 810.
This measure would recognize the week of April 18, 2010, through April 24, 2010, as Crime Victims' Rights Week.
(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. An agency that is considering adopting, amending, or repealing a regulation is authorized to consult with interested persons before initiating regulatory action, and requires an agency to do so when the regulation involves complex or numerous proposals. This bill would require the agency, if it does not, or is unable to, consult with these parties to inform in writing the Office of Small Business Advocate and the Department of Finance of its decision and the reasons for not consulting the impacted businesses. (2) The act requires every state agency subject to the act to submit, with the notice of the proposed adoption, amendment, or repeal of a regulation, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, which is required to include, among other things, a description of any reasonable alternatives that would lessen any adverse impact on small business and the agency's reasons for rejecting those reasonable alternatives. The act specifies the agency is not required, in this initial statement, to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. This bill would require the agency to describe the agency's reasons for rejecting each specific alternative, and would delete the specification that an agency is not required to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. (3) The act requires a state agency to assess the potential of a proposal to adopt, amend, or repeal a regulation to adversely affect business enterprises and individuals. This bill would also require an agency to submit an economic impact statement that makes that assessment and would also require an agency, before submitting a proposal, to prepare a small business economic impact statement that contains specified information. (4) Under the act, the agency must issue a notice of proposed action that includes prescribed information, including, if a state agency makes an initial determination that the adoption, amendment, or repeal of a regulation will not have a significant statewide adverse economic impact directly affecting business, a declaration of that determination. This bill would delete that requirement and instead require, if an agency declares that it is not aware of any cost impact, that the notice of proposed action include a statement describing how a private person or business could comply with the proposed regulation without incurring a cost. This bill would also require that the notice of proposed action include the small business economic impact statement that this bill requires an agency to prepare. (5) The act also requires the Department of Finance to adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that any agency is required to use in making the determinations relating to mandates on local agencies or school districts, as specified. This bill would also require the Department of Finance to adopt and update, as necessary, instructions prescribing the methods that any agency is required to use in making the determinations relating to significant, statewide adverse economic impacts directly affecting business, as specified. (6) The act requires the Office of Administrative Law to review and approve regulations that are adopted, amended, or repealed, using prescribed standards. The act requires that the office reject a proposed regulation in specified circumstances. This bill would require that the office reject a proposed regulation if the adopting agency does not provide specified information relating to the small business economic impact statement. (7) The act authorizes any interested person to obtain a judicial declaration as to the validity of specified regulations or orders of repeal, by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. This bill would specify that an interested person includes, but is not limited to, a small business or an organization or trade association that represents small businesses and whose members are affected by the regulation. (8) The bill would also make conforming changes to the act.