BILL NUMBER: AB 278	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 3, 2010

INTRODUCED BY   Assembly Member  Charles Calderon 
 Monning 

                        FEBRUARY 12, 2009

    An act to amend Section 18639 of the Revenue and Taxation
Code, relating to taxation.   An act to add Section
100336 to the Health and Safety Code, and to amend Sections 14012 and
14013 of the Unemployment Insurance Code, relating to public health.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 278, as amended,  Charles Calderon  
Monning  .  Franchise and income tax law: information
returns.   California Workforce Investment Board: Public
Health.  
   Existing law establishes the California Workforce Investment Board
responsible for assisting the Governor in the development,
oversight, and continuous improvement of California's workforce
investment system. Existing law specifies the composition of the
board to include, among others, representatives of business and of
labor organizations.  
   This bill would require the board to additionally include
representatives of philanthropic organizations that are actively
engaged in providing learning, mentoring, and work opportunities to
recruit, educate, and train individuals for, and retain individuals
in, careers in health care and related industries.  
   This bill would revise the responsibilities of the board to
include developing an application to the federal Health Resources and
Services Administration of the Department of Health and Human
Services for a federal health care workforce development planning
grant.  
   The bill would also require the State Department of Public Health
to apply to the federal Centers for Disease Control and Prevention
for a grant to promote positive health behaviors and outcomes for
populations in medically underserved communities through the use of
community health workers, as specified in the federal Patient
Protection and Affordable Care Act of 2010.  
   Existing law requires every person who makes payments of
exempt-interest dividends, as specified, to any person, and every
person who receives payments of interest exempt from tax, as
specified, as a nominee and who makes payments to any person with
respect to the interest received to file an information return as
prescribed by the Franchise Tax Board and to furnish a statement to
each person named in the return.  
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 100336 is added to the 
 Health and Safety Code   , to read:  
   100336.  The department shall apply to the federal Centers for
Disease Control and Prevention for a grant to promote positive health
behaviors and outcomes for populations in medically underserved
communities through the use of community health workers, as specified
in Section 5313 of the federal Patient Protection and Affordable
Care Act of 2010 (Public Law 111-148). 
   SEC. 2.    Section 14012 of the  
Unemployment Insurance Code   is amended to read: 
   14012.   (a)    The board shall  be
appointed by the Governor to  assist in the development of
the State Workforce Investment Plan and to carry out other functions,
as described in Section 14103.  The 
    (b)     The  board shall be comprised
of the Governor and representatives from the following categories:

   (a) 
    (1)  Two members of each house of the Legislature,
appointed by the appropriate presiding officer of each house.

   (b) (1) A majority of board members shall be representatives of
business who:  
   (2) The following members appointed by the Governor: 
   (A)  Are   Representatives of business who
are  owners of small and large businesses, chief executives or
operating officers of small and large businesses, and other small and
large business executives or employers with optimum policymaking or
hiring authority, including members of local workforce investment
boards.
   (B)  Represents   Representatives of 
businesses with employment opportunities that reflect the employment
opportunities of the state  , including health care employers
 .
   (C)  Are   Representatives of business who
are  appointed from a group of individuals nominated by state
business organizations and business trade associations. 
   (2) At least one representative shall be a private sector member
of the California Economic Strategy Panel, created pursuant to
Section 15570 of the Government Code.  
   (c) 
    (D)  Chief elected officials representing both cities
and counties, where appropriate. 
   (d) 
    (E)  Representatives of labor organizations that are
appointed to the board by the Governor shall have been nominated by
state labor federations. At least 15 percent of board members shall
be representatives of labor organizations. 
   (e) 
    (F)  Representatives of individuals and organizations
that have experience with regard to youth activities. 
   (f) 
    (G)  Representatives of individuals and organizations
that have experience and expertise in the delivery of workforce
investment activities, including the Chancellor of the California
Community Colleges, representatives of school districts, and
representatives of community-based organizations within the state.

   (g) 
    (H)  The lead state agency officials with responsibility
for the programs, services, or activities that are mandatory
participants in the one-stop system, or, where there are no lead
state agency officials responsible for those programs, services, or
activities, a representative with expertise relating to those
programs, services, or activities. 
   (I) Representatives of philanthropic organizations that are
actively engaged in providing learning, mentoring, and work
opportunities to recruit, educate, and train individuals for, and
retain individuals in, careers in health care and related industries.
 
   (h) 
    (J)  Any other representatives and state agency
officials as the Governor may designate, such as the state agency
officials responsible for economic development and juvenile justice
programs in the state. 
   (c) The representatives of business described in subparagraphs
(A), (B), and (C) of paragraph (2) of subdivision (b) shall
constitute a majority of the board members. At least one of these
representatives shall be a private sector member of the California
Economic Strategy Panel, created pursuant to Section 15570 of the
Government Code.  
   (i) 
    (d)  Members of the board that represent organizations,
agencies, or other entities shall be individuals with optimum
policymaking authority within those organizations, agencies, or
entities. 
   (j) 
    (e)  In making appointments to the board, the Governor
shall consider the ethnic, race, gender, and geographic distribution
of the state's population, and members of the board shall represent
diverse regions of the state, including urban, rural, and suburban
areas. 
   (k) 
    (f)  The Governor may appoint a single member to the
board to represent multiple constituencies on the board. 
   (l) 
    (g)  The Governor shall select a chairperson for the
board from the business representatives.
   SEC. 3.    Section 14013 of the  
Unemployment Insurance Code   is amended to read: 
   14013.  The board shall assist the Governor in the following:
   (a) Promoting the development of a well-educated and highly
skilled workforce.
   (b) Developing the State Workforce Investment Plan.
   (c) Developing guidelines for the continuous improvement and
operation of the workforce investment system, including:
   (1) Developing policies to guide the one-stop system.
   (2) Providing technical assistance for the continuous improvement
of the one-stop system.
   (3) Recommending state investments in the one-stop system.
   (4) Targeting resources to high-wage industry sectors that are
either high-growth sectors or critical to California's economy, or
both.
   (d) Developing and continuously improving the statewide workforce
investment system as delivered via the one-stop delivery system,
including:
   (1) Developing linkages in order to assure coordination and
nonduplication among workforce programs and activities.
   (2) Reviewing local workforce investment plans.
   (3) Providing guidance to ensure services reflect the needs of
high-wage industry sectors.
   (e) Commenting, at least once annually, on the measures taken
pursuant to the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990  ( Public  
(Public  Law 101-392; 20 U.S.C. Sec. 2301 et seq.).
   (f) Designating local workforce investment areas within the state
based on information derived from all of the following:
   (1) Consultations with the Governor.
   (2) Consultations with the chief local elected officials.
   (3) Consideration of comments received through the public comment
process, as described in Section 112(b)(9) of the federal Workforce
Investment Act of 1998.
   (g) Developing and modifying allocation formulas, as necessary,
for the distribution of funds for adult employment and training
activities, for youth activities to local workforce investment areas,
and dislocated worker employment and training activities, as
permitted by federal law.
   (h) Coordinating the development and continuous improvement of
comprehensive state performance measures, including state adjusted
levels of performance, to assess the effectiveness of the workforce
investment activities in the state.
   (i) Preparing the annual report to the United States Secretary of
Labor.
   (j) Recommending policy for the development of the statewide
employment statistics system, including workforce and economic data,
as described in Section 15 of Title 29 of the United States Code, and
using, to the fullest extent possible, the Employment Development
Department's existing labor market information systems.
   (k) Recommending strategies to the Governor for strategic training
investments of the Governor's 15-percent discretionary funds.
   (l) Developing and recommending waivers, in conjunction with local
workforce investment boards, to the Governor as provided for in the
federal Workforce Investment Act of 1998.
   (m) Recommending policy to the Governor for the use of the
25-percent rapid response funds, as authorized under the federal
Workforce Investment Act of 1998.
   (n) Developing an application to the United States Department of
Labor for an incentive grant under Section 9273 of Title 20 of the
United States Code. 
   (o) Developing an application to the federal Health Resources and
Services Administration of the Department of Health and Human
Services for a federal health care workforce development planning
grant.  
  SECTION 1.    Section 18639 of the Revenue and
Taxation Code is amended to read:
   18639.  (a) (1) In addition to those reports required under
paragraph (8) of subdivision (c) of Section 18631, information
returns shall be required, at the time and in the form and manner and
to the extent that the Franchise Tax Board may prescribe, from both
of the following:
   (A) Every person who makes payments of exempt-interest dividends,
as described in Section 852(b)(5) of the Internal Revenue Code, that
are not exempt-interest dividends, as described in Section 17145 of
the Revenue and Taxation Code, aggregating ten dollars ($10) or more
to any person, other than to any person described in paragraph (2),
during any calendar year.
   (B) Every person who receives payments of interest as a nominee
and who makes payments aggregating ten dollars ($10) or more during
any calendar year to any other person, other than to any person
described in paragraph (2), with respect to the interest so received.
For purposes of this paragraph, "interest" is limited to interest on
any obligation if the interest is exempt from tax under Section 103
(a) of the Internal Revenue Code or if the interest is exempt from
tax, without regard to the identity of the holder, under any other
provision of Title 26 of the United States Code, but which is not
exempt from income tax under Part 10 (commencing with Section 17001).

   (2) For purposes of this subdivision, a person shall not be
required to make a report pursuant to paragraph (1) if the person
receiving the payment is any of the following:
   (A) A corporation.
   (B) An organization exempt from taxation under Section 23701 or an
individual retirement plan.
   (C) The United States or any wholly owned agency or
instrumentality thereof.
   (D) A state, the District of Columbia, a possession of the United
States, any political subdivision of any of the foregoing, or any
wholly owned agency or instrumentality of any one or more of the
foregoing.
   (E) A foreign government, a political subdivision of a foreign
government, or any wholly owned agency or instrumentality of any one
or more of the foregoing.
   (F) An international organization or any wholly owned agency or
instrumentality thereof.
   (G) A foreign central bank of issue.
   (H) A dealer in securities or commodities required to register
under the laws of the United States or a state, the District of
Columbia, or possession of the United States.
   (I) A real estate investment trust, as defined in Section 856 of
the Internal Revenue Code.
   (J) An investment company, as defined in Section 80a-3 of the
United States Code, registered at all times during the taxable year
under the Investment Company Act of 1940.
   (K) A common trust fund, as defined in Section 17671.
   (L) Any trust that is exempt from tax under Section 664(c) of the
Internal Revenue Code.
   (b) Every person required to make a return under this section
shall also furnish a statement to each person whose name is set forth
in the return, as required to do so by the Internal Revenue Code.