Sen. Steve Glazer

Existing law establishes the Department of Justice and establishes within the department's Bureau of Forensic Services, the California Criminalistics Institute to, among other purposes, facilitate a comprehensive and coordinated approach to meet the high technology forensic science needs of crime laboratories. This bill would express the intent of the Legislature to enact urgency legislation to provide a supplemental funding source for the Department of Justice's Bureau of Forensic Services to sustain its operation of individualizing feature comparison programs.

Existing sales and use tax laws impose taxes on retailers measured by 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, measured by sales price. Those laws partially exempt from those taxes, for a specified period, the gross receipts from the sale of, and the storage, use, or other consumption of, specified tangible personal property purchased for use by a qualified person, as defined, to be used primarily in manufacturing or other processes, and in research and development. On and after July 1, 2014, tangible personal property with a useful life of one or more years, as defined by reference to state income or franchise taxes, is deemed to have a useful life of one or more years for purposes of the exemption. This bill would define "useful life" for periods on and after July 1, 2014, to also include tangible personal property that is expensed for state income or franchise tax purposes and that has a physical useful life of one or more years. The bill, with respect to property with a useful life of one or more years as redefined by this bill, would require the State Board of Equalization to cancel any notice of determination and any related penalties and interest and would prohibit the board from issuing any notice of determination with respect to the purchase or sale of that property. The bill would authorize a qualified person to offset the amount of sales tax reimbursement or use tax paid against any sales and use tax imposed on the qualified person when a qualified person has paid sales tax reimbursement or use tax on purchases of qualified tangible personal property that has a useful life of one or more years, as redefined by the bill, as provided. The bill, beginning on and after January 1, 2018, and before July 1, 2026, would additionally exempt from those taxes special purpose buildings and foundations used for the generation or production or storage and distribution, as defined, of electric power and qualified tangible personal property purchased for used by a qualified person to be used primarily in the generation or production or storage and distribution of electric power or purchased for use by a contractor for the qualified person, as specified. The bill, on and after January 1, 2018, would expand the definition of qualified person to include, among others, a person primarily engaged in the business of electric power generation. The bill would declare the intent of the Legislature to enact legislation that would improve the state's sales and use tax incentives to promote a stronger California economy by securing a greater share of the high-paying, high-skilled jobs in manufacturing and research and development.

Existing law creates the San Francisco Bay Area Rapid Transit District and establishes provisions regulating the collective bargaining of the employees and the board of directors of that district. Existing law prescribes procedures specifically relating to the collective bargaining of transit districts, and authorizes the Governor, when it appears a strike will significantly disrupt transportation services and endanger public health, safety, and welfare, to appoint a board to investigate issues in connection with these labor negotiations and make a report. Existing law prohibits a strike during the period of investigation and permits the Governor, upon receiving a report from a board of investigation, to request the Attorney General to petition a court to enjoin the strike, as specified. This bill would prohibit employees of the San Francisco Bay Area Rapid Transit District from engaging in a strike or work stoppage if the transit district board maintains all provisions of an expired contract and an employee or employee organization has agreed to a provision prohibiting strikes in the expired or previous written labor contract. The bill would provide that an employee whom the transit district employer finds willfully engaged in a strike or work stoppage in violation of these provisions is subject to dismissal if that finding is sustained upon conclusion of the appropriate proceedings necessary for the imposition of a disciplinary action.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state. The act requires the Department of Resources Recycling and Recovery to annually designate convenience zones, as defined, statewide and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location, and that is open for business 30 hours per week. This bill, until July 1, 2017, would exempt from the requirement that each convenience zone be served by at least one certified recycling center (1) a convenience zone that was served by or exempted because of a recycling center that closed between January 1, 2016, and March 31, 2016, or that is closed as a result of an action taken by the department on or after July 1, 2016, and (2) a convenience zone that is in a jurisdiction with a land use restriction that prevents the siting or operation of a certified recycling center on or after July 1, 2016. This bill would declare that it is to take effect immediately as an urgency statute.

Existing sales and use tax laws impose 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. Those laws provide various exemptions from those taxes. This bill, on and after January 1, 2018, would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, tampons, sanitary napkins, menstrual sponges, and menstrual cups. 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 laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to 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 any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.

Existing law requires a state agency or department to follow specified rules regarding the negotiation of fees and execution of contracts for professional consulting services of a private architectural, engineering, land surveying, environmental, or construction project management firm. Existing law requires the state to begin negotiations with a successful bidder to a contract described above within 14 days after the firm has been notified of its selection or upon receipt of the cost proposal. This bill, instead, would require negotiations between the state and a successful firm to a contract described above to begin within 15 days.

The Alcoholic Beverage Control Act regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses pursuant to which the licensees may exercise specified privileges in the state. Existing law authorizes licensees to sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization subject to specified conditions, including, except as otherwise provided, that a retail licensee shall not give, sell, or furnish any alcoholic beverages to the temporary licensee. This bill would revise this provision to provide that, except as otherwise provided, a retail licensee shall not, directly or indirectly, give, sell, or furnish any alcoholic beverages to the temporary licensee.

Existing sales and use tax laws impose taxes on retailers measured by 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, measured by sales price. Those laws partially exempt from those taxes, until July 1, 2018, the gross receipts from the sale of, and the storage, use, or other consumption of, specified tangible personal property purchased for use by a qualified person, as defined, to be used primarily in manufacturing or other processes, and in research and development. Consumables with a useful life of less than one year do not qualify for exemption, and useful life is defined by reference to state income or franchise taxes. This bill, on and after January 1, 2018, and before July 1, 2028, would additionally define useful life by reference to manufacturer or other warranties, maintenance contracts, and normal replacement as established by industry or business practices, would additionally exempt from those taxes special purpose buildings and foundations used for the generation, production, storage, or distribution, as defined, of electric power, and would expand the definition of qualified person to include, among others, a person primarily engaged in the business of electric power generation. The bill would declare the intent of the Legislature to enact legislation that would improve the state's sales and use tax incentives to promote a stronger California economy by securing a greater share of the high-paying, high-skilled jobs in manufacturing and research and development. This bill would take effect immediately as a tax levy.

Existing law provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission, consisting of 5 members appointed by the Governor, subject to confirmation by the Senate. Existing law requires the commission to post and maintain a public record of every vote at its principal office. This bill would require the commission to also post a public record of every vote on its Internet Web site no later than 2 business days after the meeting at which the vote was taken.

(1) Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools and provides that a charter school may operate as, or be operated by, a nonprofit public benefit corporation. Existing law provides that the governing board of a school district that grants a charter for the establishment of a charter school formed and organized as a nonprofit public benefit corporation is entitled to one representative on the board of directors of the nonprofit public benefit corporation. This bill would instead require a charter school to operate as or by a nonprofit public benefit corporation or be operated by a school district or county office of education and would provide that an authority that grants a charter for the establishment of a charter school formed and organized as a nonprofit public benefit corporation is entitled to one representative on the board of directors of the nonprofit public benefit corporation. The bill would prohibit a charter school from operating as, or being operated by, a for-profit entity, as specified. The bill would prohibit a for-profit entity from engaging in certain activities as they relate to a charter school, including prohibiting a for-profit entity from participating in the candidate review or being involved in the appointment or selection of members of the nonprofit public benefit corporation's board of directors and prohibiting more than 25% of the full-time equivalent certificated employees serving pupils of the charter school from being employees of a for-profit entity. The bill would require a contract between a charter school and a for-profit entity to provide instructional services to be approved at a publicly noticed meeting of the governing body of the charter school and provided to any member of the public upon request. To the extent the bill would impose new duties on charter schools, the bill would impose a state-mandated local program. (2) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill, with respect to the operation of the charter school only, would clarify that the governing body of a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. (3) 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 the records are exempt from disclosure. This bill, with respect to the operation of the charter school only, would clarify that the governing body of a charter school is subject to the California Public Records Act. (4) Existing law prohibits certain public officials, including, but not limited to, members of governing boards of school districts and citizens' oversight committees, from engaging in specified activities that are inconsistent or incompatible with, or inimical to, their duties as public officials, including, but not limited to, entering into a contract in which the official or the official's family member has a financial interest, as specified. This bill, with respect to the operation of the charter school only, would clarify that the governing body of a charter school is subject to these provisions unless the charter school is operated as, or operated by, a nonprofit public benefit corporation. (5) The Nonprofit Public Benefit Corporation Law establishes the requirements for forming a nonprofit public benefit corporation. This bill, with the respect to the operation of the charter school only, would clarify that the governing body of a charter school that is operated as a nonprofit public benefit corporation is subject to the Nonprofit Public Benefit Corporation Law. (6) Existing law prohibits certain self-dealing transactions, as defined, in which a nonprofit public benefit corporation is a party and in which one or more of its directors has a material financial interest, as specified. This bill, notwithstanding the self-dealing provision described above, would impose certain requirements on the governing body of a charter school and a member of the governing body of a charter school if the charter school and the member enter into a loan agreement, real property lease agreement, or a guarantor agreement for a line of credit or real property lease, as specified. (7) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill, with respect to the operation of the charter school only, would clarify that the governing body of a charter school is subject to the Political Reform Act of 1974. (8) This bill would state various exceptions and clarifications regarding the applicability of the acts described above in paragraphs (2) to (7) , inclusive. (9) This bill would make the provisions in paragraphs (2) to (8) , inclusive, operative on July 1, 2019, as provided. (10) Existing law authorizes one or more persons to circulate a petition for the establishment of a charter school, as provided. This bill would require a charter school operated by or as a nonprofit public benefit corporation with a financial relationship with an organization, as specified, to list in the charter petition the name of the related organization and describe the related orgnaization's financial relationship, powers, and duties with respect to the charter school. The bill would require the governing board of a charter school operated by a nonprofit public benefit corporation to take specified actions with respect to any contract, transaction, or other transfer of public funds, or transfers of assets acquired with public funds, in excess of $100,000, or multiple contracts, transactions, or other transfers that exceeds the aggregate amount of $100,000, as specified, to a related organization, described above. The bill would require all such contracts, transactions, and transfers described above to be subject to examination and audit by the State Auditor and the charter school's authorizer, as provided. To the extent the bill would impose additional duties on school districts, the bill would impose a state-mandated local program. (11) The California Constitution requires the state to reimburse local governments for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. Existing law authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the State Board of Education to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of that code that may be waived, except as provided. This bill would provide, for purposes of those provisions, that a charter school is considered a local government or school district, as applicable. (12) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (13) 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.