BILL NUMBER: AB 2323 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Perea
FEBRUARY 24, 2012
An act to amend Section 35036 6355
of the Education Revenue and Taxation
Code, relating to teachers taxation .
LEGISLATIVE COUNSEL'S DIGEST
AB 2323, as amended, Perea. Teachers: voluntary
transfers. State Board of Equalization: nonmonetized
bullion and numismatic coins: adjustment date.
The Sales and Use Tax Law exempts from the sales and use taxes the
gross receipts from the sales in bulk of monetized bullion,
nonmonetized gold and silver bullion, and numismatic coins, and the
storage, use, or other consumption of those bullion and coins, as
provided, and requires the State Board of Equalization to adjust the
initial bulk threshold amount on or before September 1.
This bill would change the adjustment date to October 1.
Existing law prohibits the governing board of a school district
from adopting a policy or regulation, or entering into a collective
bargaining agreement, that assigns, after April 15 of the school year
prior to the school year in which the transfer would become
effective, priority to a teacher who requests to be transferred to
another school over other qualified applicants who have applied for
positions requiring certification qualifications at that school.
This bill would make a nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6355 of the Revenue
and Taxation Code is amended to read:
6355. (a) There are exempted from the taxes imposed by this part
the gross receipts from the sale in bulk of monetized bullion,
nonmonetized gold or silver bullion, and numismatic coins that are
substantially equivalent to transactions in securities or commodities
through a national securities or commodities exchange and the
storage, use, or other consumption in this state of monetized
bullion, nonmonetized gold or silver bullion, and numismatic coins so
sold.
(b) (1) A sale in bulk, for purposes of this section, shall be
deemed to have occurred if the amount of monetized bullion,
nonmonetized gold or silver bullion, and numismatic coins sold in the
transaction totals, in market value, the sum of one thousand dollars
($1,000) or more, or its equivalent.
(2) The board shall adjust the one thousand dollar ($1,000) amount
specified in paragraph (1) as follows:
(A) On or before September 1, 1994, and on or before each
September October 1 of each year thereafter,
the board shall multiply the amount applicable for the current
calendar year by the inflation factor adjustment determined by the
Franchise Tax Board pursuant to subdivision (h) of Section 17041, the
resulting amount to be the applicable amount for the succeeding
calendar year. The applicable amount shall be operative as an
adjustment of the amount specified in paragraph (1) only when the
applicable amount computed is equal to or exceeds a new operative
threshold, as defined in subparagraph (C).
(B) When the applicable amount equals or exceeds an operative
threshold specified in subparagraph (C), the resulting applicable
amount, rounded to the nearest multiple of five hundred dollars
($500), shall be operative for purposes of paragraph (1) beginning
January 1 of the succeeding calendar year.
(C) For purposes of this paragraph, "operative threshold" means an
amount that exceeds by at least five hundred dollars ($500), the
greater of either the amount specified in paragraph (1) or the amount
computed pursuant to subparagraphs (A) and (B) as the operative
adjustment to the amount specified in paragraph (1).
(c) "Monetized bullion," for purposes of this section, means coins
or other forms of money manufactured of gold, silver, or other metal
and heretofore, now, or hereafter used as a medium of exchange under
the laws of this state, the United States, or any foreign nation.
"Monetized bullion," for purposes of this section, also means gold
medallions struck under authority of the American Arts Gold Medallion
Act (Title IV of Public Law 95-630).
(d) A sale of monetized bullion, nonmonetized gold or silver
bullion, or numismatic coins, for purposes of this section, shall be
deemed to be substantially equivalent to a transaction in securities
or commodities through a national securities or commodities exchange,
if the sale is by or through a person registered pursuant to the
Commodity Exchange Act (7 U.S.C. Sec. 1 et seq.) or not required to
be registered under the Commodity Exchange Act.
SECTION 1. Section 35036 of the Education Code
is amended to read:
35036. (a) Notwithstanding subdivision (d) of Section 35035, the
superintendent of a school district may not transfer a teacher who
requests to be transferred to a school offering kindergarten or any
of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3,
inclusive, on the Academic Performance Index if the principal of the
school refuses to accept the transfer.
(b) The governing board of a school district may not adopt a
policy or regulation, or enter into a collective bargaining
agreement, that assigns, after April 15 of the school year before the
school year in which the transfer would become effective, priority
to a teacher who requests to be transferred to another school over
other qualified applicants who have applied for positions requiring
certification qualification at the school.
(c) The prohibitions in this section shall become operative on
January 1, 2007. If the prohibitions in this section are in direct
conflict with the terms of a collective bargaining agreement in
effect on January 1, 2007, the prohibitions of this section shall
become operative on the employees governed by that agreement upon its
expiration.