The Sales and Use Tax Law exempts from the taxes imposed by that law the sales of food products, nonalcoholic beverages, and other tangible personal property made or produced by an organization, as defined, but only if sold on an irregular or intermittent basis and the organization's profits from the sales are used exclusively in furtherance of the purposes of the organization. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts the income of various types of organizations from taxes imposed by that law. This bill would revise the Sales and Use Tax Law exemption for those organizations, as provided. This bill would also provide, for taxable years beginning on or after January 1, 2014, that an organization that is a public charity youth organization that discriminates on the basis of gender identity, race, sexual orientation, nationality, religion, or religious affiliation is not exempt from the taxes imposed by that law. 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. This bill would take effect immediately as a tax levy.
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The Planning and Zoning Law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley, after specified general plan amendments have been made, and corresponding zoning ordinances adopted, from taking specified actions regarding property located within a flood hazard zone unless the city or county makes specified findings including, among other requirements, that the local flood management agency has made adequate progress on the construction of a flood protection system that will result in a specified level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas, as specified. That law defines adequate progress as meaning that, among other conditions being met, the total project scope, schedule, and cost of the completed flood protection system have been developed to meet the appropriate standard of protection and critical features of the flood protection system are under construction. This bill would revise the definition of adequate progress to include the critical features of the flood protection system being planned and designed or under construction and the completion of a levee safety plan for those flood protection systems that are a part of the State Plan of Flood Control. This bill would also require a local flood management agency's annual report to the Central Valley Flood Protection Board on the efforts in working toward completion of the flood protection system to describe the agency's compliance with specified conditions. By increasing the duties of local officials, this bill would create 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.
This measure would request the Congress of the United States to, among other things, act immediately to avert federal spending cuts known as "sequestration" to protect the California and national economies.
Existing law specifies the grounds upon which a contract or regular employee of a community college district may be dismissed or penalized, as specified. Existing law provides that the governing board shall determine whether a contract or regular employee is to be dismissed or penalized, and if the employee is to be penalized, the governing board shall determine the nature of those penalties. Existing law authorizes the governing board to impose one of two penalties: suspension for up to one year or suspension for up to one year and a reduction or loss of compensation during the period of suspension. If a governing board decides it intends to dismiss or penalize a contract or regular employee, existing law requires that it deliver a written statement to the employee setting forth the decision of the governing board and its reasons. This bill would specify, for purposes of these provisions, that a suspension includes, but is not limited to, involuntary leave with partial or full compensation during the period of leave.
Existing law provides for stabilization and marketing plans pursuant to which the Secretary of Food and Agriculture establishes minimum prices to be paid by handlers to producers for market milk. Existing law requires the secretary to take into consideration any relevant economic factors, as prescribed, in establishing those prices for milk. This bill would make nonsubtantive changes in those provisions establishing milk prices.
Existing law requires the State Department of State Hospitals to establish, by regulation, specified program standards for any facility licensed as a community treatment facility and authorizes the State Department of Health Care Services to adopt or amend regulations pertaining to these program standards. Existing law requires only seriously emotionally disturbed children for whom other less restrictive mental health interventions have been tried, or who are currently placed in an acute psychiatric hospital or state hospital or in a facility outside the state for mental health treatment, and who may require periods of containment to participate in, and benefit from, mental health treatment to be placed in a community treatment facility. This bill would make a technical, nonsubstantive change to those provisions.
This measure would declare that the Legislature joins the County of Riverside in opposing base realignment and closure affecting the Naval Surface Warfare Center, Corona Division, and March Air Reserve Base.
This measure would urge the President and Congress of the United States to take specified action and adopt specified policies designed to protect unaccompanied minors immigrating to the United States.
Existing law empowers the Secretary of Food and Agriculture to formulate stabilization and marketing plans that establish the prices to be paid by milk handlers for specified classes of market milk. Existing law requires the secretary to take relevant economic factors into consideration in establishing the price to be paid for class 4a market milk and class 4b market milk. Existing law imposes various requirements related to the stabilization and marketing of market milk and makes a violation of these provisions a crime. This bill would authorize class 4a and class 4b market milk to be marketed under an alternative milk marketing agreement, as specified, if certain conditions are met, including if the secretary, before July 1, 2015, takes specified regulatory action that establishes class 4a and class 4b market milk prices that are indexed to the respective federal prices. The bill would require that an alternative milk marketing agreement, and any amendments to the agreement, be filed by the producer with the secretary. The bill would require a handler to provide the secretary on a monthly basis with prescribed information regarding alternative milk marketing agreements between the handler and a market milk producer and would exempt the information contained in alternative marketing agreements from the California Public Records Act. By adding to the requirements imposed on producers and handlers through the use of an alternative milk marketing agreement, this bill would expand the scope of a crime, thereby imposing a state-mandated local program. The bill would prescribe conditions under which a referendum would take place, where producers will vote on whether these provisions shall be repealed. Existing law, the Gonsalves Milk Pooling Act, provides for equalization pools and milk pooling to govern the production and distribution of fluid milk and fluid cream. The act authorizes the Secretary of Food and Agriculture to develop a pooling plan, with specified items required to be included in the pooling plan, under which producers of milk are assigned a pool quota that determines the amount of class 1 milk the producer can sell to handlers within the pooling system and the prices to be paid by handlers to producers. Existing law confers upon the secretary the ability to establish and administer the Milk Producers Security Trust Fund to protect producers against loss of payment for bulk milk through the collection of a security charge from handlers. This bill would require that milk purchased under an alternative milk market agreement be valued based on the announced minimum class price, as though the minimum class price had applied to the milk, for the collection of security charges and handler's average monthly milk purchases. The bill would limit the value established for the Milk Producers Security Fund under an alternative milk marketing agreement to the value established under the alternative milk marketing agreement or the value determined using the minimum class price under the stabilization and marketing plan, whichever is lower. 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, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services and makes a violation of those provisions a crime. Existing law authorizes a person to request an inspection of a facility by transmitting notice of an alleged violation of law to the department. Existing law requires the department to review a complaint and conduct an onsite inspection within 10 days and requires the department to provide the substance of the complaint to the licensee no earlier than the time of the inspection. This bill, beginning July 1, 2015, would make various changes to this complaint procedure, including prohibiting the department from giving a licensee advance notice of an investigation regarding a complaint and requiring the department to conduct an onsite investigation within one working day of receiving a complaint if the complaint alleges physical abuse, sexual abuse, or a threat of imminent danger. The bill would state the intent of the Legislature that the department conduct investigations in the manner required to ensure maximum effectiveness while respecting the rights of residents and to complete an investigation, except as specified, within 90 days of receiving a complaint, or within 30 days when the complaint alleges physical abuse, sexual abuse, or a threat of imminent danger. The bill would prohibit a licensee, or officer or employee of the licensee, from interfering with or obstructing an investigation conducted pursuant to these provisions and would require the department to assess an immediate civil penalty, as specified, per day per violation for violations of that prohibition. Because a violation of this prohibition would also be a crime, the bill would impose a state-mandated local program. The bill would authorize a complainant who is dissatisfied with the department's investigation, findings, or enforcement to file an appeal, as specified, and would require the department to inform the complainant of these appeal rights, as specified. Existing law prohibits a licensee from discriminating or retaliating in any manner against a person receiving the services of the licensee's residential care facility for the elderly, or against an employee of the licensee's facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department, or has initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local ombudsman, or with the state ombudsman. This bill would require the department to assess an immediate civil penalty, as specified, per day for each violation of these provisions. 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.