Sen. Robert Dutton

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit for an increase in qualified employees of a qualified employer. This bill would, under both laws, for taxable years beginning on and after January 1, 2010, allow a credit to a qualified taxpayer, as defined, in an amount equal to 25% of the wages, not to exceed $6,000, paid to each qualified veteran, as defined, by the qualified taxpayer during the taxable year. This bill would take effect immediately as a tax levy.

The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to adopt those regulations that are necessary to carry out the act. The act also requires the commission, after one or more public hearings, to prescribe, by regulation, standards for minimum levels of operating efficiency and prescribe other measures, such as energy and water consumption labeling not preempted by federal labeling law, to promote the use of energy and water efficient appliances that do not result in any added total costs for consumers over the designed life of the appliances concerned. This bill would provide that the television product labeling regulations adopted by the commission would not be effective until July 1, 2011, and would be effective on that date only if a United States Federal Trade Commission labeling rule for those products is not effective on or before July 1, 2011. The bill also would provide that those regulations would remain in effect only until a Federal Trade Commission labeling rule for television products becomes effective.

Existing law, the Capital Access Company Law, provides for the licensure and regulation by the Commissioner of Corporations of capital access companies to enable those entities to provide risk capital and management assistance to small businesses in the state, exempt from the requirements of the federal Investment Company Act of 1940. Under existing law, a capital access company is only authorized to engage in the business of providing financing assistance through the purchase of securities of small business firms doing business or proposing to do business wholly or substantially in this state, and providing managerial and technical assistance to these firms, subject to certain exceptions. Existing law defines a "small business firm" as a person meeting specified criteria, including, without limitation, having fewer than 500 employees. This bill would redefine a small business firm as a person that, together with its affiliates, has a net worth of not more than $18,000,000 and average net income after federal income taxes, as specified, no greater than $6,000,000. The bill would also define a "smaller business firm" as a person that, together with its affiliates, has a net worth of not more than $6,000,000 and average net income after federal income taxes, as specified, no greater than $2,000,000, and would require that at least 20% of all financing assistance provided by a licensee shall be through the purchase of securities of smaller business firms proposing to do business wholly or substantially in this state. Existing federal law provides for licensure and regulation of small business investment companies by the Small Business Administration. This bill would provide that, if a capital access company becomes a small business investment company, specified federal regulations shall supersede regulatory requirements under the Corporations Code, except as specified, and that a violation of those federal regulations would constitute a violation of this act. Existing law requires, as a condition of licensure of a capital access company, that a person who makes recommendations with respect to the investment of funds of the company be an investment adviser, as specified, and not be subject to specified acts and omissions, convictions, and other legal actions. This bill would instead require that no person with a specified relationship or connection with the applicant be subject to those acts, omissions, convictions, or other legal actions. This bill would also revise and recast provisions of the Capital Access Company Law relating to conflicts of interest. Existing state law requires a capital access company to use its best efforts to provide financing assistance to small business firms doing business or proposing to do business wholly or substantially in this state, and makes related prohibitions and exceptions to providing services to persons out of state. Existing state law also prohibits a capital access company from providing financing assistance to a small business firm whose primary business is providing financing assistance. Existing federal law requires a California capital access company to state in its organizational documents that its activities are limited to providing financial or managerial services to enterprises doing business, or proposing to do business, in this state. This bill would eliminate those state law prohibitions. Existing law makes it unlawful for any person to offer or sell in this state any security in an issuer transaction unless the sale has been qualified or unless the security or transaction is exempt or not subject to qualification, as specified. Under existing law, an offer or sale of nonredeemable securities to accredited investors by a person licensed pursuant to the Capital Access Company Law is exempt from these qualification requirements. This bill would maintain that exemption provided that all purchasers either have a preexisting personal or business relationship with the offeror, as specified, or by reason of their business or financial experience or the business or financial experience of their specified professional advisers could be reasonably assumed to have the capacity to protect their own interests in connection with the transaction. The bill would specify that this exemption is not available under certain circumstances.

The existing California Renewables Portfolio Standard Program (RPS program) requires the Public Utilities Commission to implement annual procurement targets for the procurement of eligible renewable energy resources for all retail sellers, as defined, to achieve the targets and goals of the program. The existing definition of an eligible renewable energy resource includes certain small hydroelectric generation facilities, conduit hydroelectric facilities, and the incremental increase in electrical generation resulting from efficiency improvements (repowering) of existing larger hydroelectric facilities, subject to the condition that a new small or conduit hydroelectric facility or repowered facility not result in an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. This bill would provide that the new small or conduit hydroelectric facility or repowered facility that is an eligible renewable energy resource as of January 1, 2010, shall not lose eligibility if it causes a change in the volume or timing of streamflow, if those changes are required by license conditions approved, pursuant to the Federal Power Act, on or after January 1, 2010. An additional requirement for eligibility for the incremental increase in electrical generation resulting from repowering of an existing larger hydroelectric facility is that the facility has been certified within the immediately preceding 15 years by the State Water Resources Control Board pursuant to the federal Clean Water Act or by a California regional water quality control board to which the state board has delegated authority. This bill would adopt an alternative to that requirement for the Rock Creek Powerhouse hydroelectric generation facility. The bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the State Department of Public Health to approve schools for radiologic technologists that, in the judgment of the department, will provide instruction adequate to prepare individuals to meet requirements for certification as radiologic technologists under the Radiologic Technology Act. Existing law also requires the department to adopt reasonable standards for approved schools, for procedures for obtaining and maintaining approval, and for revocation of approval where standards are not maintained. Existing law authorizes the department, when approving a school for radiologic technologists, to take into consideration accreditation, approval, or certification of the school by other agencies or organizations if the department finds that accreditation, approval, or certification was granted on the basis of standards that will afford the same protection to the public as the standards provided by the Radiologic Technology Act or the regulations adopted pursuant thereto. This bill, until January 1, 2015, would require the department, subject to specified conditions, to approve a school that presents certification that the school has met specified requirements for certification by the Joint Review Committee on Education in Radiologic Technology (JRCERT) but would specify that a school is not required to have this certification to be approved by the department. The bill would also provide a system of provisional permitting and a method for the department to revoke, suspend, limit, or condition a school's permit. The bill would also require the department to adopt the standards through a specified process before approving schools. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law subjects violators of air pollution laws to specified civil and administrative penalties. Existing law imposes various duties on the State Air Resources Board relative to the reduction of air pollution. This bill would require a written communication from the state board alleging that an administrative or civil penalty will be, or could be, imposed either by the state board or another party, including the Attorney General, for a violation of air pollution law, to contain specified information. The bill would require this information and final mutual settlement agreements reached between the state board and a person alleged to have violated air pollution laws to be made available to the public. The bill would require the state board to prepare and submit to the Legislature and the Governor a report summarizing the motor vehicle pollution administrative penalties imposed by the state board for calendar year 2011, and annually thereafter, and would require the state board to publish a penalty policy for motor vehicle pollution laws that is based on specified criteria. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, until January 1, 2014, allows certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design‑build process for contracting on transportation projects, as specified. This bill would authorize the Riverside County Transportation Commission, if authorized by the commission, to utilize this design-build procurement process for the State Route 91 Corridor Improvements Project on the state highway system. The bill would make the Department of Transportation responsible for the performance of construction inspection services for the project, as specified, and would require the commission to report on the progress of the project and related matters to specified legislative committees. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would designate the interchange at State Highway Route 60 and State Highway Route 15, in the County of Riverside, as the E. L. Yeager Interchange. This measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, to erect those signs.

Under existing law, any person who receives an overpayment of unemployment compensation benefits is liable for the amount overpaid. Existing law also permits the Director of Employment Development to take specified steps to recover overpayment of unemployment compensation benefits and unemployment compensation disability benefits, including filing a civil action against the liable person within one year after certain actions have been taken. Existing law also permits the director to initiate summary judgment proceedings against a liable person to recover overpayment of unemployment compensation benefits due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient. This bill would require the Director of Employment Development to find an overpayment of unemployment benefits where the individual who received them was an elected official whose claim was based solely on income received as an elected official. This bill would permit the director, in addition to filing a civil action against the liable person for the overpayment amount, to initiate summary judgment proceedings against such a person to recover these overpayment amounts, as provided. Existing law requires every employer, with specified exceptions, to pay contributions to the Unemployment Fund at specified rates, for the purpose of funding unemployment insurance benefits for eligible unemployed workers. Existing law defines "employment" for those purposes and, with respect to certain public entities, exempts from that definition certain services performed by an individual in the exercise of his or her duties as an elected official. This bill would require the Employment Development Department, by July 1, 2011, to adopt regulations to clarify that the above-described provision governing eligibility for unemployment compensation excludes elected officials from coverage under the unemployment insurance compensation system for purposes of benefit eligibility. The bill would also require the department to revise language in a specified California employment guide with regard to the exclusion of elected officials from unemployment insurance coverage and benefit eligibility, as specified.

Under existing law, an assault with the intent to commit mayhem, rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, is punishable by imprisonment in the state prison for 2, 4, or 6 years, except as specified. This bill would provide that an assault of a person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, would be punishable by imprisonment in state prison for 5, 7, or 9 years. Under existing law, any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sex crimes, extortion, or to obtain forced labor or services, is guilty of human trafficking. Existing law provides that a violation of this provision where the victim of the trafficking was under 18 years of age at the time of the commission of the offense is punishable by imprisonment in the state prison for 4, 6, or 8 years. This bill would provide that any person who commits human trafficking involving a commercial sex act where the victim of the human trafficking was under 18 years of age at the time of the commission of the offense shall be punished in addition by a fine of not more than $100,000, to be used as specified. Under existing law, rape, sodomy accomplished against the victim's will, oral copulation accomplished against the victim's will, and sexual penetration accomplished against the victim's will is punishable by imprisonment in state prison for 3, 6, or 8 years. Rape, sodomy, and oral copulation committed in concert with another is punishable by imprisonment in the state prison for 5, 7, or 9 years. This bill would provide that the punishment for these specified crimes upon a child who is under 14 years of age is punishable by imprisonment in state prison for 9, 11, or 13 years, and if committed upon a minor who is 14 years of age or older is punishable by imprisonment in state prison for 7, 9, or 11 years. This bill would provide that if these crimes are committed in concert with another person upon a child who is under 14 years of age they are punishable in state prison for 10, 12, or 14 years and if committed in concert upon a minor who is 14 years of age or older by imprisonment for 7, 9, or 11 years. By increasing the punishment for crimes, this bill would impose a state-mandated local program. Under existing law, a person who commits an act of rape, rape or sexual penetration in concert, sodomy, oral copulation, or sexual penetration, when the act is committed upon a child who is under 14 years of age and 7 or more years younger than the person, is guilty of aggravated sexual assault of a child. Aggravated sexual assault of a child under these circumstances is punishable by imprisonment in state prison for 15 years to life. This bill would provide that it does not preclude prosecution under this existing law. Under existing law, a person who commits any lewd or lascivious act upon a child who is under 14 years of age by use of force or fear is guilty of a felony punishable by imprisonment in state prison for 3, 6, or 8 years. This bill would increase the punishment for this crime to imprisonment in the state prison for 5, 8, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Under existing law, a person who commits any lewd or lascivious act upon a dependent person, as defined, by use of force or fear is guilty of a felony punishable by imprisonment in state prison for 3, 6, or 8 years. This bill would increase the punishment for this crime to imprisonment in the state prison for 5, 8, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life. This bill would provide that these felonies committed under the above-specified circumstances upon a victim who is a child under 14 years of age shall be punished by imprisonment in state prison for life without the possibility of parole if the offender is 18 years of age or older or 25 years to life if the offender is under 18 years of age. This bill would add as a circumstance the infliction of bodily harm, as defined, on a victim who is a child under 14 years of age to the list of specified circumstances that would result in this imprisonment. This bill would provide that when rape, spousal rape, rape in concert, or sexual penetration, sodomy, or oral copulation committed against the victim's will are committed under 2 of a specified list of circumstances, upon a minor 14 years of age or older, the punishment shall be imprisonment in state prison for life without the possibility of parole if the offender is 18 years of age or older or 25 years to life if the offender is under 18 years of age, or for 25 years to life if committed under one of the specified circumstances. Under existing law, a person convicted of certain felony sex offenses shall be committed to prison for a term of 15 years to life if during the commission of the felony the defendant inflicted great bodily injury on the victim. This bill would provide that any person who is convicted of certain sex offenses under specified circumstances, upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. The bill would provide a life term of imprisonment for any person convicted of a lewd or lascivious act where he or she inflicted bodily harm. Existing law makes it unlawful for a person who is required to register as a sex offender to reside within 2,000 feet of a public or private school, or park where children regularly gather. Existing law also provides that any person required to register as a sex offender who comes into any school building or upon any school ground without lawful business and written permission is guilty of a misdemeanor. This bill would make it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person's parole agent. Under existing law, a prisoner is generally released on parole for a period not exceeding 3 years, except that inmates sentenced for certain enumerated violent felonies are released on parole for a period not exceeding 5 years. Under existing law, the period of parole for an inmate who has received a life sentence for certain specified sex offenses is for a period not exceeding 10 years. This bill would require lifetime parole for habitual sex offenders, persons convicted of kidnapping a child under 14 years of age with the intent to commit a specified sexual offense, and persons convicted of other specified sex crimes, including, among others, aggravated sexual assault of a child. The bill would, unless a longer period of parole applies, impose a 10-year parole period on inmates sentenced for kidnapping with the intent to commit specified sex offenses, specified lewd or lascivious acts, and other specified sexual offenses. The bill would impose a 20-year parole period on inmates convicted and required to register as sex offenders for rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, and other specified sex crimes, in which one or more of the victims of the offense was a child under 14 years of age, as specified. Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or receiving stolen property and having served time in a penal institution therefor, is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison. This bill would require that most persons be convicted 3 or more times of a qualifying offense to be subject to imprisonment in the state prison for petty theft. Persons required to register as sex offenders, or with a prior serious or violent felony conviction, who have been convicted and imprisoned for the commission of specified crimes, including, among others, petty theft, auto theft, burglary, carjacking, or robbery, would remain subject to imprisonment in the state prison with one prior qualifying offense. Existing law provides that the sex offender risk assessment tool for use with selected populations shall be known as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) . Existing law provides that the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale. Existing law requires the SARATSO Review Committee to determine whether the STATIC-99 should be supplemented with an actuarial instrument that measures dynamic risk factors or whether it should be replaced with a different risk assessment tool. This bill would provide that the STATIC-99 shall be the SARATSO static tool for adult males. The bill would require the SARATSO Review Committee, on or before January 1, 2012, to select an actuarial instrument that measures dynamic risk factors and an actuarial instrument that measures risk of future sexual violence to be administered as specified. The bill would provide that persons who administer the dynamic SARATSO and the future violence SARATSO shall be trained, as specified. The bill would make other conforming changes. Existing law provides that with respect to a person who has been convicted of specified sex crimes, the Department of Justice shall make available to the public via the department's Internet Web site certain identifying and criminal history information. This bill would require the department to also make available the person's static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool. Existing law requires that persons convicted of certain sex crimes be evaluated by the county probation department and requires that if a defendant is granted probation, the court shall order the defendant to be placed in an appropriate treatment program designed to deal with child molestation or sexual offenders, if an appropriate program is available in the county. This bill would remove the requirement that the defendant be placed in an appropriate treatment program but would instead impose specified conditions, including participation in an approved sex offender management program, on persons released on formal supervised probation for an offense requiring registration as a sex offender, as specified. By imposing additional requirements on county probation departments, this bill would impose a state-mandated local program. The bill would similarly require participation in an approved sex offender management program, as a condition of parole, for persons released on parole for an offense that requires registration as a sex offender, as specified. Existing law requires that, as a condition of parole, prisoners who meet specified criteria be treated by the State Department of Mental Health. Existing law requires that prior to release on parole, these prisoners be evaluated, as specified. Existing law provides that only if both independent professionals who evaluate the prisoner, as required, concur with the chief psychiatrist's certification shall treatment by the department be required. This bill would instead make these provisions applicable to the prisoner if at least one of the independent professionals concurs with the chief psychiatrist's certification. Under the Personal Income Tax Law, individual taxpayers are allowed to contribute amounts in excess of their tax liability for the support of specified funds or accounts, including, among others, the California Sexual Violence Victim Services Fund. Existing law provides for the appearance of this fund on the tax return form until January 1, 2011, unless a later enacted statute deletes or extends that date. This bill would delete the January 1, 2011, repeal date. This bill would incorporate additional changes to Section 290.06 of the Penal Code proposed by SB 1201 contingent on the prior enactment of that bill. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.