Sen. Juan Vargas

Existing law requires that an annual salary of $81,635, to be increased as specified, be paid to the Chairperson of the Unemployment Insurance Appeals Board. Existing law establishes the annual salary for each member of the board at $79,122, to be increased, as specified. This bill would delete the salary provisions for the chairperson and members of the Unemployment Insurance Appeals Board.

(1) Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come, or remain, in contact with confined adults and other specified conditions are met. This bill would provide that a minor or ward who is detained in, or sentenced to, any juvenile facility or other secure state or local facility shall not be subject to solitary confinement, as defined, unless the minor or ward poses an immediate and substantial risk of harm to others or to the security of the facility, and all other less-restrictive options have been exhausted. The bill would permit the minor or ward to be held in solitary confinement only in accordance with specified guidelines, including that the minor or ward be held in solitary confinement only for the minimum time required to address the safety risk, and that does not compromise the mental and physical health of the minor or ward. The bill would require clinical staff to evaluate a minor or ward face to face within one hour after placement, and every 4 hours thereafter, as specified. The bill would require treatment staff to implement an individualized suicide crisis intervention plan, as specified, before subjecting a minor or ward who has exhibited suicidal behavior or committed acts of self-harm to solitary confinement. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. (2) Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are between 14 and 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections. Existing law authorizes a commission to recommend to any person charged with the administration of the Juvenile Court Law those changes as it has concluded, after investigation, will be beneficial, and to publicize its recommendations. This bill would provide that 2 or more members of these commissions shall be parents or guardians of previously or currently incarcerated youth, and one member shall be a licensed social worker with expertise in adolescent development. The bill also would increase from 8 to 10 the minimum number of members of a regional juvenile justice commission. The bill would require a juvenile justice commission, as part of its annual inspection of facilities, to review the records of the jail, lockup, or facility as to the use of solitary confinement, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the county board of supervisors, and the Board of State and Community Corrections. The bill would require the commission to present its report at an annual hearing on the condition of juvenile justice corrections as part of a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government Internet Web site. The bill also would require a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government Internet Web site. (3) 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 every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. Existing law defines a synthetic cannabinoid compound for purposes of this provision. Existing law also provides that every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, any synthetic stimulant compound, as specified, or any synthetic stimulant derivative, to any person, or who possesses that compound or derivative for sale, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. This bill would provide that, except as otherwise authorized by law, every person who possesses, under circumstances that do not include possession for sale as proscribed pursuant to existing law, 28.5 grams or less of any synthetic cannabinoid is guilty of an infraction punishable by a fine of not more than $100. The bill would provide that, except as otherwise authorized by law, every person who possesses, under circumstances that do not include possession for sale as proscribed pursuant to existing law, 28.5 grams or less of any synthetic stimulant compound, as specified, or any synthetic stimulant derivative, shall be punished by imprisonment in a county jail for a period of not more than one month, or by a fine not exceeding $500, or by both that fine and imprisonment. In addition, the bill would also provide that, except as otherwise authorized by law, every person who possesses, under circumstances that do not include possession for sale as proscribed pursuant to existing law, more than 28.5 grams of any synthetic cannabinoid, any synthetic stimulant compound, as specified, or any synthetic stimulant derivative, shall be punished by imprisonment in a county jail for a period of not more than 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. The bill would provide that a synthetic cannabinoid or synthetic stimulant may be obtained and used for bona fide research, instruction, or analysis if that possession and use does not violate federal law. The bill would also expand the definition of synthetic cannabinoids for purposes of the prohibitions described above to mean synthetic cannabinoid agonists that include, among other compounds, naphthoylindoles, naphthylmethylindoles, naphthoylpyrroles, naphthylmethylindenes, phenylacetylindoles, cyclohexylphenols, benzoylindoles, and adamantoylindoles. Because the bill would create new crimes, the bill would impose a state-mandated local program. Existing law authorizes the suspension or expulsion of a pupil from school if the superintendent or the principal of the school determines that the pupil has unlawfully possessed, used, sold, furnished, or was under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind. This bill would expand those provisions to include synthetic cannabinoid compounds and synthetic stimulant compounds. 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 provides that the Department of Transportation has full possession and control of all state highways and associated property. Existing law provides for the planning, design, and construction of a system of safety roadside rest areas on the state highway system, which is maintained by the department. Existing law authorizes up to 6 additional rest areas to be developed as joint economic development demonstration projects. This bill would authorize the department to enter into one or more agreements for the operation of safety roadside rest areas by private entities in conjunction with the development of a retail establishment, under which certain payments would be made to the state. The bill would authorize the department to seek modification of existing real estate contracts if that would be cost effective for the state. The bill would specify the requirements for these agreements and would require the department to seek any federal waivers that may be necessary to implement these provisions.

This measure would urge the Division of the State Architect, in cooperation with the California Building Standards Commission and the Department of Housing and Community Development, to hold hearings to determine if the building codes subject to a scheduled review should be amended to require the installation of devices that shut off natural gas and electrical power in the event of an earthquake at the time of initial construction and major renovations.

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, or in the course of, employment. Existing law generally requires that every employer except the state secure the payment of compensation by being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state, or by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, as specified. Existing law establishes the Uninsured Employers Benefits Trust Fund, a continuously appropriated fund, for the purpose of paying nonadministrative expenses of the workers' compensation program for workers injured while employed by uninsured employers, as specified. This bill would require the Director of Industrial Relations to designate a nonprofit mutual benefit corporation, defined by the bill as a reporting group, for the purposes of providing information regarding the administration, costs, and policy impacts of legislative and market changes in the administration of workers' compensation programs and benefits to injured employees of public self-insurers. The bill would establish a board of directors to govern the reporting group, initially consisting of up to 9 specified members, appointed by the California Association of Joint Powers Authorities, the California State Association of Counties (CSAC) Excess Insurance Authority, and other unspecified entities. This bill would prohibit the reporting group from engaging in lobbying activities, as specified. The bill would require the reporting group to annually obtain an audit of its financial affairs from an independent certified public accountant and to deliver a copy of the audit to the Director of Industrial Relations and to each member of the reporting group. The bill would require that the reporting group not be considered a public agency or an agency of the state for any purpose.

Existing law imposes a gross premiums tax on insurers in lieu of other taxes, with certain exceptions. The Capital Access Company Law provides for licensing and regulation by the Commissioner of Corporations of capital access companies, which provide risk capital and management assistance to business entities. The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit in an amount equal to $3,000, prorated as provided, for each full-time employee hired during the taxable year by a qualified employer, as defined. Existing law caps the total amount of credit which may be allocated under those provisions to $400,000,000. This bill would enact the California Jobs Act of 2012, which would provide an investment tax credit against insurer premium tax liability to participating investors, as defined, and would provide for sale or transfer of the tax credits to other parties. The bill would provide for a maximum amount of tax credits under the act of $200,000,000, which could be claimed over specified tax years and carried forward until tax year 2037, and would also cap the total amount of the credit which may be allocated under existing law provisions authorizing a credit for the hire of full-time employees by qualified employers and the credit authorized under this act to $400,000,000. The bill would provide for the Department of Insurance, California Organized Insurance Network (DI/COIN) to, among other things, qualify applicants as qualified capital access companies, which would receive investment commitments from participating investors and make qualified investments in qualified businesses, subject to approval by DI/COIN. The bill would specify the process for qualified distributions to be made by the qualified capital access company to private investors and the state, with the state share to be deposited in the General Fund or in the Economic Development Fund, which would be created by the bill, as specified. The bill would provide for certain application and certification fees, and impose certain penalties, and provide for these revenues to be deposited in the Economic Development Fund. The bill would define various terms for purposes of the act. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

Existing law, the Child Abuse Neglect and Reporting Act, makes certain persons mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. This bill would require any competent adult, as defined, to report a reasonable suspicion of child sexual abuse and would make failure to report punishable by a range of fines and imprisonment based on the level of the failure. By creating a new crime, this 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.

(1) The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would also require state agencies to submit these regulatory actions to the Joint Rules Committee of the Legislature, which would be authorized to submit a regulatory action to the appropriate policy committee in each house for review. The bill would authorize the policy committee to either make recommendations to the agency or to send the action to the floor of either house, which could reject the regulatory action by a resolution, as specified. (2) Existing law provides for the establishment of the California Travel and Tourism Commission as a nonprofit mutual benefit corporation, as specified. This bill would provide for the establishment of 6 regional innovation and job creation boards as nonprofit mutual benefit corporations, to perform certain functions, and would require the Lieutenant Governor to appoint 12 members to each board, as specified. The bill would require that the staff of each board be employees solely of the commission. (3) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. On and after January 1, 2013, this bill would exempt from those taxes the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as defined, purchased for use by a qualified person, as defined, primarily in any stage of manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified. (4) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit for certain research and development expenses, as provided. This bill would, for taxable years commencing on and after January 1, 2013, increase the credit for research and development expenses, as provided, and would require taxpayers utilizing these credits on or after that date to report specified information to the Franchise Tax Board. This bill would, for taxable years beginning on or after January 1, 2013, allow a credit against those taxes for a qualified taxpayer, as defined, of 40% of the amount of a qualified contribution, as defined, made in that taxable year by a business entity to a postsecondary educational institution for curriculum or research leading to job opportunities in the private sector, or consultation services associated with the establishment of curriculum or research leading to job opportunities in the private sector, where the business entity and the postsecondary educational institution agree that there is a substantial potential for the future employment of students as a result of the contribution. (5) This bill would provide that the provisions of this bill are severable. (6) The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill.

(1) Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards, and the regulations are commercially and technologically feasible and necessary. Existing law prohibits an air pollution control district or air quality management district from adopting any regulation pertaining to disinfectants or any regulation pertaining to a consumer product that is different from any regulation adopted by the state board for that purpose. This bill would require the South Coast Air Quality Management District to amend a specified regulation relating to consumer products. By adding to the duties of the South Coast Air Quality Management District, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the South Coast Air Quality Management District. (3) 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.