The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including motion picture credits for taxable years beginning on or after January 1, 2016, to be allocated by the California Film Commission on or after July 1, 2015, and before July 1, 2020, subject to a computation and ranking of applicants based on a jobs ratio. Existing law, in lieu of the above-described credits, allows application of the credit amount against qualified state sales and use taxes, as provided. Existing law requires the Legislative Analyst's Office to prepare reports related to the effectiveness and administration of the qualified motion picture credit under the Sales and Use Tax Law, the Personal Income Tax Law, and the Corporation Tax Law on or before January 1, 2019. This bill would instead provide that the Legislative Analyst's Office prepare the report on or before January 1, 2023.
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Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board from becoming effective unless it is approved by the state board. Existing law authorizes the state board to adopt certain water quality control plans. This bill, if a water quality control plan or any amendment to a water quality control plan is adopted that has an impact on stream flow, would require the state board or a regional board to analyze the contribution that nonflow measures and adaptive management can provide to the achievement of relevant water quality objectives and ensure those contributions are accounted for in the water quality control plan or amendment to the water quality control plan.
This measure would urge all citizens to congratulate the California Manufacturers & Technology Association on 100 years of exemplary representation of manufacturing and technology companies throughout the state and to embrace California's rich manufacturing history and future excellence.
(1) Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. By July 1, 2019, and biennially thereafter, existing law requires state agencies, state entities, and specified chief information officers to post on the agency or entity Internet Web site that the site is in compliance with statutory accessibility requirements and the Web Content Accessibility Guidelines 2.0, as provided. This bill would establish within the Department of Technology the Office of Accessible Technology to serve as the central point in state government for providing oversight and guidance to ensure state agency and state entity compliance with specified accessibility and information technology requirements. The bill would require the office to be under the direction of the Director of Technology. The bill would require the office to, among other things, ensure that every state agency and state entity is in compliance with the accessibility requirements of state and federal electronic and information technology policy and statutes and establish a complaint procedure for state employees and members of the public to register complaints about Internet Web site accessibility problems. The bill would require the director to prepare a report that shall be posted on the office's Internet Web site on or before January 1, 2020, and annually thereafter, that includes a summary of all developed statewide policies, standards, and procedures for ensuring compliance with these provisions. (2) Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology. This bill would include ensuring compliance with specified state and federal laws relating to the accessibility of technology among the duties of those chief information officers.
(1) Existing law, the Financial Institutions Law, regulates the activities of various financial entities, including commercial banks, industrial banks, trust companies, credit unions, and savings and loan associations. The Banking Law defines and regulates state banks and commits the enforcement of banking laws to the Commissioner of Business Oversight. The California Credit Union Law provides for the licensure and regulation of credit unions by the Commissioner of Business Oversight and makes a willful violation of that law a crime. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016, an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under the act to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. This bill would create the Cannabis Limited Charter Banking and Credit Union Law, to be administered by the Commissioner of Business Oversight and the Department of Business Oversight. The bill would create the Cannabis Limited Charter Bank and Credit Union Advisory Board and specify its composition, to include the Treasurer, the Controller, and the Chief of the Bureau of Cannabis Control, and commit to it the general responsibility for ensuring that this law functions in a safe and efficient way. The bill would prescribe the powers and duties of the board, including reviewing department enforcement reports, holding meetings that would be open to public comment, and issuing its own recommendations, which would be submitted to the Legislature and the Governor. The board would also be required to provide guidance on specified investment activities. The bill would provide for the licensure and regulation of cannabis limited charter banks and credit unions for the purpose of providing limited banking services, as defined, to cannabis businesses. The bill would require a person who desires to be licensed as a cannabis limited charter bank or credit union to submit an application to the department, and would require that person to elect to form under either the Banking Law or the California Credit Union Law. The bill would authorize the department to charge an applicant for a cannabis limited charter bank or credit union license a reasonable fee. The bill would require a licensee to comply with all requirements in the Financial Institutions Law, and either the Banking Law or the California Credit Union Law, as applicable, except to the extent that any requirement of those laws are inconsistent with a provision of the Cannabis Limited Charter Banking and Union Law. By expanding the application of the California Credit Union Law, a willful violation of which is a crime, the bill would impose a state-mandated local program. This bill would authorize a cannabis limited charter bank or credit union to issue to an account holder special purpose checks that would be valid for only specified purposes. The bill would authorize a cannabis limited charter bank or credit union to cash the checks it has issued, including those presented by parties that are not account holders, as specified. The bill would permit these checks to be used for the payment of state and local fees and taxes, payment of rent on property leased by, or on behalf of, the account holder's cannabis business, payment of vendors physically located in California, as specified, and the purchase of state and local bonds, as specified. The bill would provide that a person or entity is not required to accept these checks. The bill would require a cannabis limited charter bank or credit union to obtain and maintain insurance at all times that it is engaged in business, subject to certain requirements including that the insurance be in an amount acceptable to the commissioner. The bill would authorize a cannabis limited charter bank or credit union to charge fees for its banking services, and would authorize the commissioner, if requested by any person or whenever the commissioner deems appropriate, to review any fee charged. The bill would require a cannabis limited charter bank and credit union to provide the commissioner with a specified fee schedule, which information the department would be required to compile and post information on its Internet Web site. The bill would authorize a cannabis limited charter bank or credit union to enter into an agreement with another licensee to form a banking network, subject to the approval of the commissioner, to facilitate the provision of cannabis banking services. The bill would require the department to adopt emergency regulations and would prohibit the department from issuing a license for these purposes prior to July 1, 2019, except as specified. The bill would require the department to provide a specified report to the Senate Committee on Banking and Financial Institutions and the Senate Committee on Governance and Finance. The bill would require a cannabis limited charter bank or credit union to adopt policies and practices to achieve the principles and goals outlined in the federal Bank Secrecy Act and cooperate with the federal Financial Crimes Enforcement Network. The bill would prohibit a cannabis limited charter bank or credit union from engaging in banking activity with any other financial institution that lacks a limited purpose charter issued under these provisions. The bill would prescribe a framework for the administration of its provisions. The bill would also make a statement of legislative findings. (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.
Under existing law, a judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments. Existing law requires a court, in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, upon request of the defendant, to consider the defendant's ability to pay, as specified. This bill would require the court, in any case involving an infraction filed with the court, to determine whether the defendant is indigent for purposes of determining what portion of the statutory amount of any associated fine, fee, assessment, or other financial penalties the person can afford to pay. The bill would provide that the defendant can demonstrate that he or she is indigent by providing specified information, including attesting to his or her indigent status under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would require the court to reduce the base fine and associated fees by 80% if the court establishes that the defendant is indigent, and to provide alternatives to immediate payment of the sentence, including a payment plan option. The bill would require the court to determine the amount a defendant can afford to pay per month by using a payment calculator developed by the Judicial Council, as specified. For persons not found to be indigent, the bill would require that the monthly payment not exceed 5% of the defendant's family monthly income, as provided. For defendants found to be indigent, the bill would require that monthly payments be $0 until the defendant's financial circumstances change, and would require the remaining amount owed to be discharged after 48 months in the interest of justice. Existing law authorizes any county or court to implement a "comprehensive collection program" as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engages in specified activities in collecting fines or penalties. One of those activities is initiating suspensions or holds for driver's licenses, as specified. This bill would delete initiating suspensions or holds for driver's licenses from the list of activities the program may engage in. The bill would require the program to provide a payment plan option based on the debtor's ability to pay and requires the program to notify the defendant of his or her right to an indigency determination for infractions. Existing law requires, whenever a person is arrested for any nonfelony violation of the Vehicle Code, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, the arresting officer to prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, as specified. Existing law further requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his or her written promise to appear in court or before a person authorized to receive a deposit of bail. This bill would require the court to send the defendant a reminder notice of his or her promise to appear in court and would require the reminder notice to include specified information, including an appearance date and location and the right to an indigency determination. Existing law authorizes the court to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person's driver's license upon receipt of one of those notices, as specified. This bill would repeal the provisions authorizing the court to notify the department of a failure to pay a fine or bail. The bill would repeal certain provisions prohibiting the department from issuing or renewing a person's driver's license upon receipt of a notice of a defendant's failure to pay, with respect to designated violations. Existing law provides that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or willfully failing to pay bail in installments or a certain lawfully imposed fine, as specified, is guilty of a misdemeanor. The bill would instead provide that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of an infraction. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would repeal the misdemeanor for willfully failing to pay bail in installments or a lawfully imposed fine. This bill would declare that its provisions do not alter existing law related to suspension of the privilege to operate a motor vehicle in connection with violations relating to reckless driving or driving under the influence of alcohol or drugs, as specified. 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 right of a person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail to petition the court to obtain a name or gender change. Existing law requires the department or county jail to use the new name of a person who obtains a name change in all documentation of the person, and to list the prior name only as an alias. This bill would additionally require that in all verbal communications to or regarding a person under the jurisdiction of the department or imprisoned within a county jail, department staff, facility staff, and contractors use the new name of a person who has obtained a name change. Existing law requires the Department of Corrections and Rehabilitation to consider certain factors in their inmate classification and housing assignment procedures to prevent sexual violence and promote inmate safety. This bill would require that during the initial intake and classification process, the department afford each individual entering into custody an opportunity to specify the person's gender identity, preferred first name, gender pronoun, and honorific, as defined, and would require that a person in the custody of the department who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person's own alleged violation of criminal laws or institutional rules, have equal access to programs and work opportunities, as provided, to the fullest extent possible, to individuals housed in general population, as specified. The bill would require the department to annually report to the Legislature, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review on its progress towards providing equal access to programs and work opportunities, as specified. The bill would require that staff and contractors of the department consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual. Existing law requires inmate housing in jails to use a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff. This bill would require that during the initial intake and classification process, the jail staff afford each individual entering into custody an opportunity to specify the person's gender identity, preferred first name, gender pronoun, and honorific, as defined, and would require that a person in the custody of a county jail who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person's own alleged violation of criminal laws or institutional rules, have equal access to programs and work opportunities as provided to individuals housed in general population, as specified. The bill would require that staff and contractors of the jail consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual. By imposing additional duties on local law enforcement entities, 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, 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 the statutory provisions noted above.
The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. This bill, for taxable years beginning on or after January 1, 2019, and before January 1, 2024, for a taxpayer with an allowable credit in excess of tax liability, would allow a payment to the taxpayer in excess of that credit amount, subject to the annual Budget Act or a bill providing for appropriations related to the Budget Act, as provided, not to exceed a specified amount.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. The federal Medicaid program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Existing law requires individuals under 19 years of age enrolled in restricted-scope Medi-Cal at the time the Director of Health Care Services makes a determination that systems have been programmed for implementation of these provisions, be enrolled in the full scope of Medi-Cal benefits, if otherwise eligible, pursuant to an eligibility and enrollment plan, as specified. Existing law makes the effective date of enrollment for those individuals the same day that systems are operational to begin processing new applications pursuant to the director's determination. This bill would additionally extend eligibility for full-scope Medi-Cal benefits to individuals 65 years of age or older, if otherwise eligible for those benefits, but for their immigration status, subject to an appropriation. The bill would also delete provisions delaying implementation until the director makes the determination described above. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, 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 the statutory provisions noted above.