BILL NUMBER: SB 901 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2012
INTRODUCED BY Senator Steinberg
( Principal coauthor: Senator
Padilla )
( Principal coauthor: Assembly Member
Fuentes )
FEBRUARY 18, 2011
An act to amend Section 44125 of, and to amend the
heading of Article 11 (commencing with Section 44125) of Chapter 5 of
Part 5 of Division 26 of, the Health and Safety Code, relating to
air pollution add and repeal Article 1.5 (commencing
with Section 19535) of Chapter 7 of Part 10.2 of Division 2 of the
Revenue and Taxation Code, relating to taxation .
LEGISLATIVE COUNSEL'S DIGEST
SB 901, as amended, Steinberg. Air pollution: vehicle
retirement program. Taxation: undocumented immigrants.
Existing law creates within state government the Department of
Justice. Existing law provides that the department is under the
direction and control of the Attorney General. Existing law requires
the Franchise Tax Board to, among other things, administer personal
and corporation income tax laws and certain other nontax programs,
including the collection of specified delinquent debt.
This bill would establish a program until January 1, 2020, that
would require the Department of Justice, until January 1, 2018, to
report to the Franchise Tax Board information on a qualified person,
defined as, among others, a person who is not eligible to receive a
social security number, but who has filed a state income tax return
with a valid individual taxpayer identification number. The bill
would require the Franchise Tax Board to submit an annual report to
the Legislature, until January 1, 2019, that details the tax receipts
collected from qualified persons who participate in the program. The
bill would provide that information collected under the program is
confidential and not subject to public disclosure under the
California Public Records Act, except for purposes authorized under
the act. The bill would require the destruction of all records
collected under the act, as specified.
The California Constitution provides that the powers of state
government are legislative, executive, and judicial. Existing law
requires that the Governor see that the law is faithfully executed.
Existing law provides that the Governor is the sole official organ of
communication between the state and the government of any other
state or of the United States. Existing federal law regulates
immigration.
This bill would require the Governor to request that the President
of the United States direct the Department of Homeland Security, the
United States Immigration and Customs Enforcement (ICE), and other
relevant federal agencies to not expend resources during the term of
the program to apprehend, detain, or remove any qualified person
participating in the program, or to prosecute any individual
employing a qualified person.
Existing law creates the High Polluter Repair or Removal Account
in the Vehicle Inspection and Repair Fund, and makes moneys deposited
in the account available, upon appropriation by the Legislature, to
the Department of Consumer Affairs and the State Air Resources Board
to establish and implement a program for the repair or replacement of
high polluters. Existing law also creates a program for the
voluntary retirement of motor vehicles that are high polluting
vehicles, administered by the Bureau of Automotive Repair pursuant to
guidelines adopted by the state board, to be funded from the
Enhanced Fleet Modernization Subaccount in the High Polluter Removal
and Repair Account.
This bill would make this program available only to the highest
polluting vehicles, with priority given to those highest polluting
vehicles registered in air basins that are out of attainment with
federal air quality standards. The bill would make other technical
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the California Opportunity and Prosperity Act.
SEC. 2. Article 1.5 (commencing with Section
19535) is added to Chapter 7 of Part 10.2 of Division 2 of the
Revenue and Taxation Code , to read:
Article 1.5. Undocumented Immigrants: State Income Taxes
19535. As used in this article:
(a) "Qualified person" means a natural person who meets all of the
following criteria:
(1) Is not eligible to receive a social security number.
(2) Filed a state income tax return with a valid individual
taxpayer identification number for the most recent taxable year that
a return was required to be made with respect to taxes imposed under
Part 10 (commencing with Section 17001).
(3) Is not employed by a public entity, including, but not limited
to, the federal government, the State of California, any
administrative subunit of the state, or any political subdivision of
the state, including any city, city and county, county, district, or
other local governmental agency or public agency authorized by law.
(4) Declares that he or she is able to speak and understand the
English language or is enrolled in, or has applied to enroll in, an
English-as-a-second-language class.
(5) Has not been convicted of a felony under the laws of the
United States, the State of California, or any other state.
(6) Is not a member or suspected member of a terrorist
organization and has not engaged and is not expected to engage in
terrorist activities as those terms are defined in Section 1182(a)(3)
(B) of Title 8 of the United States Code.
(7) Is not a public charge within the meaning of Section 1182(a)
(4) of Title 8 of the United States Code.
(8) Declares that he or she has been a resident of California
continuously since at least January 1, 2008.
(9) Consents to a background check and the disclosure of any
information necessary to confirm eligibility for the program.
(10) Consents to the disclosure of his or her name and federal
individual taxpayer identification number to the Franchise Tax Board
in accordance with Section 19539.
(b) The language requirement in paragraph (4) of subdivision (a)
shall not apply to any person who meets any of the following
criteria:
(1) Is unable because of physical or developmental disability or
mental impairment to speak and understand English.
(2) Is over 50 years of age and has been living in the United
States for at least 20 years.
(3) Is over 55 years of age and has been living in the United
States for at least 15 years.
(c) "Program" means the program created by this article.
19536. There is hereby established a voluntary program to be
administered by the Department of Justice until January 1, 2018. A
qualified person may participate in the program under the
requirements set forth in this article.
19537. (a) A written application for admission to the program by
a qualified person shall be made in the form prescribed by the
Department of Justice. The application shall require that an
applicant provide a photograph or other electronically transmissible
image of the applicant.
(b) (1) Upon receipt of an application for admission to the
program and the fee provided for in Section 19538, the Department of
Justice shall cause an investigation to be made to determine whether
the applicant meets the definition of a qualified person.
(2) If the Department of Justice determines that an applicant
meets the definition of a qualified person, the Department of Justice
shall admit the applicant into the program and shall provide the
applicant with a confirmation of admission, which shall be valid for
one year from the date of issue.
(3) The Department of Justice shall renew a person's admission
into the program on an annual basis upon payment of the renewal
application fee provided for in Section 19538 and a demonstration
that the person continues to meet the definition of a qualified
person.
19538. The Department of Justice shall charge each applicant for
the program a fee or annual renewal fee in an amount that allows the
agency to recover all reasonable costs incurred by it in
administering the program, including startup costs and costs
associated with confirming eligibility for the program.
19539. On or before December 31, 2013, and on or before December
31 of each successive year, until January 1, 2018, the Department of
Justice shall provide the Franchise Tax Board with the name and
federal individual taxpayer identification number of each qualified
person who was admitted into the program during that calendar year.
The Franchise Tax Board shall use the information solely to prepare
the report required by Section 19539.5 and shall not disclose the
information for any purpose, unless expressly provided for in this
article.
19539.5. On or before December 31, 2014, and on or before
December 31 of each successive year, until January 1, 2019, the
Franchise Tax Board shall submit a report to the Legislature that
details the tax receipts collected during the immediately preceding
taxable year from qualified persons who participated in the program.
The report submitted by the Franchise Tax Board pursuant to this
section shall not contain any information that identifies any
specific qualified person who participated in the program.
19540. (a) Any information disclosed by an applicant for, or
qualified person in, the program shall be used solely to administer
the program and shall not be used for any other purpose, unless
expressly provided for in this article.
(b) Any record containing any identifying information of an
applicant for, or qualified person in, the program shall not be
disclosed for any purpose, except as provided for in this article, to
the extent that the information is necessary to enforce a liability
that arises out of the Revenue and Taxation Code or the Family Code,
or as otherwise required by state or federal law. If identifying
information of an applicant for, or qualified person in, the program
is disclosed for a purpose authorized by this subdivision, the
recipient shall use the information solely for that purpose and shall
not disseminate the information any further.
(c) All identifying information of an applicant for, or qualified
person in, the program shall be confidential and exempt from
disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
19540.5. Unless expressly authorized or required by federal law,
this article shall not grant a qualified person any right or
privilege in any other state and shall not be used for any purpose in
any other state.
19540.6. The Department of Justice and the Franchise Tax Board
may adopt regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code as necessary to implement this article.
19540.7. On January 1, 2019, or as soon as practicable
thereafter, all records relating to the program that contain any
identifying information of applicants for, or qualified persons who
participated in, the program shall be destroyed including, without
limitation, any applications for the program and records provided to
the Franchise Tax Board pursuant to Section 19540. This section shall
not obligate the Franchise Tax Board to destroy any tax returns or
other records that are necessary to conduct an audit or appeal
pursuant to the Revenue and Taxation Code or to process any taxpayer
claim for refund.
19540.8. This article shall remain in effect only until January
1, 2020, and as of that date is repealed.
SEC. 3. (a) On or after July 1, 2013, the Governor
is authorized and directed to submit, as a ministerial act on behalf
of the state, a request to the President of the United States asking
that the President direct the Department of Homeland Security, the
United States Immigration and Customs Enforcement (ICE), and other
relevant federal agencies not to expend resources during the term of
the program established by Article 1.5 (commencing with Section
19535) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code of either of the following:
(1) The apprehension, detention, or removal of a qualified person
in the program or the qualified person's spouse or eligible
dependent, unless the qualified person, spouse, or eligible dependent
meets one of the priority enforcement criteria set forth in the
then-existing ICE policy on civil immigration enforcement.
(2) The prosecution of a person for employing a qualified person
pursuant to Section 1324a of Title 8 of the United States Code.
(b) On or after July 1, 2013, the Governor is further authorized
and directed, as a ministerial act on behalf of the state, to request
that the President provide any available waivers, exemptions, or
authorizations necessary to provide a safe harbor for individuals and
businesses from federal civil and criminal liability arising out of
a qualified person's participation in the program or the employment
of a qualified person during the term of the program.
SEC. 4. Section 19540 of the Revenue and Taxation
Code, as added by this act, imposes a limitation on the public's
right of access to the meetings of public bodies or the writings of
public officials and agencies within the meaning of Section 3 of
Article I of the California Constitution. Pursuant to that
constitutional provision, the people of California make the following
finding to demonstrate the interest protected by this limitation and
the need to protect that interest:
In order to protect the confidentiality and safety of a person who
participates in the program created by this act, it is necessary for
any identifying information that relates to that person to be exempt
from disclosure.
SEC. 5. The provisions of this measure are
severable. If any provision of this measure or its application is
held invalid, that invalidity shall not aff ect other
provisions or applications that can be given effect without the
invalid provision or application.
SECTION 1. The heading of Article 11
(commencing with Section 44125) of Chapter 5 of Part 5 of Division 26
of the Health and Safety Code is amended to read:
Article 11. Vehicle Retirement Program
SEC. 2. Section 44125 of the Health and Safety
Code is amended to read:
44125. (a) No later than July 1, 2009, the state board, in
consultation with the Bureau of Automotive Repair (BAR), shall adopt
a program to commence on January 1, 2010, that provides for the
voluntary retirement of passenger vehicles and light-duty and
medium-duty trucks that are the highest polluters. The program shall
be administered by the BAR pursuant to guidelines adopted by the
state board.
(b) The guidelines shall ensure all of the following:
(1) Vehicles retired pursuant to the program are permanently
removed from operation and retired at a dismantler under contract
with the BAR.
(2) Districts retain their authority to administer vehicle
retirement programs otherwise authorized under law.
(3) The program is available for the highest polluting passenger
vehicles and light-duty and medium-duty trucks that have been
continuously registered in California for at least two years prior to
acceptance into the program or otherwise proven to have been driven
primarily in California for at least the last two years and have not
been registered in another state or country in at least the last two
years.
(4) Moneys appropriated for the purposes of the program are
expended to retire the highest polluting vehicles in the state, with
priority given to those highest polluting vehicles registered in air
basins that are out of attainment with federal air quality standards.
(5) Compensation for retired vehicles shall be one thousand five
hundred dollars ($1,500) for a low-income motor vehicle owner, as
defined in Section 44062.1, and one thousand dollars ($1,000) for all
other motor vehicle owners. The department may pay a motor vehicle
owner more than these amounts based on factors including, but not
limited to, the age of the vehicle, the emission benefits of the
vehicle's retirement, the emission impact of any replacement vehicle,
and the location of the vehicle in an area of the state with the
poorest air quality.
(6) Cost-effectiveness.
(7) Consideration of impacts on disadvantaged and low-income
populations.