State government.

(1) Existing law establishes a system of public elementary and secondary education in this state in which local educational agencies provide instruction in kindergarten and grades 1 to 12, inclusive, in the public elementary and secondary schools. Existing law also establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and authorizes community college districts throughout the state to provide instruction at the campuses they operate. With respect to facilities for both public elementary and secondary schools and for community colleges, existing law requires that the Department of General Services pass upon and approve or reject all plans for the construction of, or, if the estimated cost exceeds $100,000, the alteration of, any school building. Existing law requires the application to be accompanied by a filing fee in amounts as determined by the Department of General Services, as specified. Existing law authorizes the Department of General Services to adjust the amounts of the filing fees within specified limits in order to maintain a reasonable working balance in the fund. Under existing law, the filing fees described above are to be deposited into the Public School Planning, Design, and Construction Review Revolving Fund, a continuously appropriated fund. This bill would raise the rates of the amount of the filing fee, as specified. Because the bill increases the amounts to be deposited into the Public School Planning, Design, and Construction Review Revolving Fund, a continuously appropriated fund, the bill would make an appropriation. The bill instead would authorize the Department of General Services to adjust the amount of the filing fees in order to maintain a reasonable working balance in the fund, provided that the fees do not exceed the amount of the raised rates. If the working fund balance exceeds 6 months' expenditures, the bill would require the Department of General Services to take action to reduce the fees. (2) Existing law authorizes an application for the collaborative process for project development and review to be accompanied by a filing fee from the school district or community college district, as applicable, in amounts determined by the Department of General Services based on the estimated project cost and according to a specified fee schedule. This bill instead would require the application for the collaborative process for project development and review to be accompanied by a filing fee from the school district or community college district, as applicable, in amounts determined by the Department of General Services based on the estimated project cost and according to a specified fee schedule. Because the bill increases the amounts to be deposited into the Public School Planning, Design, and Construction Review Revolving Fund, a continuously appropriated fund, the bill would make an appropriation. (3) Existing federal law generally prohibits disclosure of federal tax returns and return information, except as authorized. Existing federal law authorizes disclosure of federal tax returns and return information to certain federal, state, and local agencies that, as a condition of receiving the returns or information, are required to establish specified safeguards to protect the confidentiality of the federal tax returns or return information. This bill would require a state entity, as defined, or its designee, as defined, to conduct criminal background checks, as specified. The bill would require a state entity or its designee that receives federal tax information, as defined, to submit to the Department of Justice, for the purpose of conducting state and federal criminal background checks, fingerprint images and related information of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor whose duties include having access to federal tax information received by the state entity or its designee. The bill would require the state to meet and confer with collective bargaining units regarding the impact of these requirements on terms and conditions of employment. The bill would require a services contract or interagency agreement entered into, renewed, or amended on or after July 1, 2017, that includes access to federal tax information to require the agency or contractor to agree to criminal background checks of its employees, agents, and others, as specified. The bill would authorize the Department of Justice to charge a fee to cover the cost of processing these requests. (4) Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. Existing law specifies to whom and how the state summary criminal history information may be released and for what purposes it may be used. This bill would require the Attorney General to furnish state summary criminal history information to a state entity or its designee that receives federal tax information. The bill also would authorize that state entity or its designee to transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation to obtain federal level criminal offender record information. (5) Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support. Existing law requires that each county establish a department of child support services, referred to as the local child support agency. This bill would require the Department of Child Support Services to appoint the local child support agency or any other entity receiving federal tax information in performance of its child support duties as its designee for purposes of receiving state summary criminal history information and obtaining federal level criminal offender record information pursuant to these provisions. By requiring local agencies to conduct specified criminal background checks, this bill would impose a state-mandated local program. (6) Existing law authorizes the Department of Consumer Affairs to enter into a contract with a vendor for the licensing and enforcement of the BreEZe system, which is a specified integrated, enterprisewide enforcement case management and licensing system, no sooner than 30 days after written notification to certain committees of the Legislature. This bill would require any entity that was previously scheduled for the 3rd release of BreEZe to participate in business process reviews and organizational change management activities in preparation for transition to a new licensing technology platform, either through the relevant unit in the Department of Consumer Affairs, or through contracted services. (7) The Government Claims Act sets forth the general procedure for claims and actions against public entities and public employees. The act requires a person to file a claim for reissuance of stale, dated, or replacement warrants with the state entity that originally issued that warrant, and requires that entity to, if allowed, pay that warrant using the issuing entity's current appropriation. Existing law requires the Department of General Services to carry out various duties relating to compensating the victims of specified types of crimes for losses suffered as a result of those crimes, and processing certain types of claims against the state. Existing law requires the department to ensure that all claims against the state that have been approved by the department but have no legally available appropriation be submitted to the Legislature for approval at least twice during each calendar year, which is known as a claims bill. This bill would authorize the entity that originally issued the expired warrant to pay that warrant from any funds that are otherwise legally available to that entity for that purpose. The bill would also authorize an issuing entity that determines that it is unable to issue a replacement warrant from its current appropriation or from any funds that are otherwise legally available to the entity for that purpose to submit a request to include a claim for reimbursement of that warrant in a claims bill pursuant to a process prescribed by the Department of General Services. This bill would require the department to ensure that all claims that have been approved, and for which no legally available appropriation exists, are submitted for legislative approval at least once during each calendar year instead of twice during each calendar year. (8) The Ralph C. Dills Act provides that once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the state employer providing for organizational security in the form of maintenance of membership or fair share fee deduction. Existing law requires the Department of General Services, if certain conditions are met, to conduct a vote to rescind a fair share fee provision in a memorandum of understanding. Existing law requires the department to receive specified financial information from a recognized employee organization that has agreed to a fair share fee provision, as well as to carry out related enforcement duties. Existing law requires the Public Employment Relations Board to carry out specified powers and duties under the Ralph C. Dills Act. This bill would transfer the duties of the Department of General Services described above to the Public Employment Relations Board. (9) Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission's Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Under existing law, the commission is created as an independent entity within state government. This bill, beginning July 1, 2017, would place the commission within the Department of General Services. (10) The California State Lottery Act of 1984, an initiative measure, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. Existing law requires the director to make and keep books and records of specified transactions and other financial transactions of the lottery necessary to permit preparation of financial statements, and requires the director to provide a monthly cumulative sales report to the Lottery Commission and the Controller within 15 days after the end of each month. This bill would require the director to provide, on an annual basis and in accordance with a certain timeline, specified informational reports to the Department of Finance, the Joint Legislative Budget Committee, and the budget committees of the Legislature. Existing law establishes the State Lottery Fund, which is continuously appropriated for the purposes of the California State Lottery. The act specifies that none of its provisions may be changed except to further its purpose by a bill passed by a 23 vote of each house of the Legislature. Existing law authorizes any state agency for which an appropriation is made, without at the time furnishing vouchers and itemized statements, to draw specified amounts from that appropriation for use as a revolving fund. Existing law restricts the use of these funds for payment of compensation earned, traveling expenses, traveling expense advances, or when immediate payment is otherwise necessary. This bill would authorize the California State Lottery to draw funds from its continuous appropriation for purposes of making immediate payment through its revolving fund to California State Lottery prizewinners of $1,000 or less, subject to specified conditions. (11) Existing law requires that an appropriation be available for encumbrance for the period specified or, if not limited by its own terms or law, for 3 years after the date upon which it first became available for encumbrance, with specified exceptions. Existing law deems an appropriation to be encumbered at the time and to the extent that a valid obligation against the appropriation is created. Existing law authorizes disbursements in liquidation of encumbrances to be made before or during the 2 years following the last day an appropriation is available for encumbrance, or the 4 years following in the case of an appropriation of federal funds, with specified exceptions. Existing law requires at the end of that time period, or if the Director of Finance determines during the liquidation period that the project for which the appropriation was made is complete and that a portion of the appropriation is not necessary for disbursement, the undisbursed balance of the appropriation to revert and become a part of the fund from which the appropriation was made. This bill would require an appropriation to be immediately available for encumbrance or expenditure during the specified or 3-year time period described above. The bill would also authorize a state agency to estimate encumbrances consistent with the authority of the appropriation, and to make corrections or adjustments to any encumbrance or estimated encumbrance during the applicable liquidation period for disbursements. This bill would authorize the Department of Finance, instead of the Director of Finance, to determine during the applicable liquidation period that the appropriation is no longer necessary, and thereby require the balance of the appropriation to revert to the fund from which it was made. The bill would also make conforming and technical changes to that provision. (12) Existing law establishes the Community-Based Transitional Housing Program, administered by the Department of Finance, for the purpose of providing grants to cities, counties, and cities and counties to increase the supply of transitional housing available to persons previously incarcerated for felony and misdemeanor convictions and funded with moneys appropriated for that purpose in the annual Budget Act or other measure. Existing law requires an applicant city, county, or city and county to submit an application between October 1, 2016, and October 1, 2018, that includes specified information and to approve the issuance of a conditional use permit or other local entitlement for a transitional housing facility that meets specified criteria. Existing law requires a city, county, or city and county that has received an award of grant funds to retain 60% of the award for certain law enforcement and community outreach purposes and to provide 40% of the award to the facility operator to provide facility residents with services, enhance security, perform community outreach, or cover startup costs. This bill would also authorize the portion of the award provided to the facility operator to be used to provide specified additional services to facility residents and for any other purposes that the board of supervisors or city council determines will enhance outcomes for facility residents or enhance public safety in and around the facility, as specified. (13) The Economic Recovery Bond Act, approved by the voters as Proposition 57 at the March 2, 2004, statewide primary election, authorized the issuance, pursuant to the State General Obligation Bond Law, of bonds in an amount not to exceed $15,000,000,000 for purposes of financing the accumulated state budget deficit, as defined. Existing law, the California Fiscal Recovery Financing Act, created the California Fiscal Recovery Financing Authority, and authorized the authority to, among other things, issue bonds for the general purpose of funding the accumulated budget deficit, subject to specified conditions. Existing law imposed, in addition to any other sales and use tax rates imposed by law, a state sales and use tax at the rate of 0.25% to finance the act. Existing law requires all revenues received pursuant to the sales and use tax rate to be deposited into the Fiscal Recovery Fund. Existing law requires the Director of Finance to notify the Treasurer and the State Board of Equalization if certain events occur related to the bonds issued pursuant to these provisions, and requires that, if that notification occurs, the Controller to transfer, from the Fiscal Recovery Fund, a specified amount to the Sales and Use Tax Compensation Fund for each county. Existing law provides that the Fiscal Recovery Fund may not be terminated until the Director of Finance makes that notification. Existing law requires, in order for money in the Fiscal Recovery Fund to be available to the Legislature for appropriation, that the Director of Finance makes that notification and the State Board of Equalization has ceased to collect the special sales tax. Existing law requires, if both of those conditions occur, that all moneys in the Fiscal Recovery Fund and the interest earnings thereon be disbursed in an appropriation bill enacted by the Legislature, as specified. This bill would, in addition to the 2 conditions described above, also require that the Controller have transferred from the Fiscal Recovery Fund a specified amount to the Sales and Use Tax Compensation Fund for each county. This bill would, if all 3 of these conditions occur, require the Controller, upon order of the Department of Finance, to transfer any amounts remaining in the fund to the General Fund. (14) Existing federal law requires the United States Secretary of Housing and Urban Development to establish a Housing Trust Fund to provide grants to states to increase the supply of rental housing for extremely low and very low income families, including homeless families, and home ownership for extremely low and very low income families. Existing law designates the Department of Housing and Community Development as the state agency responsible for administering the federal Housing Trust Fund. This bill would authorize the department to use up to 10% of the federal Housing Trust Fund annual grant award for expenses of administering these funds. (15) Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and the Department of Water Resources, following notification to the State Public Works Board, to procure design-build contracts for specified public works projects by awarding the contract using either the low bid or best value procurement methodology. This bill also would authorize the Military Department to use this design-build procurement process. (16) Existing law authorizes an individual to contribute amounts in excess of their personal income tax liability for the support of specified funds. Existing law includes generally applicable administrative provisions, including a minimum contribution amount for the continuation of any voluntary tax contribution fund on the tax return form. Existing law, with respect to specified voluntary contribution funds, establishes minimum contribution amounts that are adjusted by the Franchise Tax Board each year for the continuation of that fund on the tax return form. This bill would establish the minimum contribution amount for the 2017 calendar year, with regard to the voluntary contribution funds described above, as $0. (17) Existing law authorizes the State Public Works Board to issue up to $300,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, renovation, or construction, and a reasonable construction reserve, of approved local youthful offender rehabilitative facilities. Under existing law, proceeds from the revenue bonds, notes, or bond anticipation notes may be utilized to reimburse a participating county for the costs of acquisition, design, and construction for approved projects. The funds derived pursuant to these provisions are continuously appropriated. Existing law makes that authorization inoperative on June 30, 2017. Existing law prohibits projects from being commenced after that date but authorizes projects already commenced to be completed and financed through the issuance of bonds, as specified. This bill would instead reduce the amount to $294,101,545 of revenue bonds, notes, or bond anticipation notes that may be authorized by the board for those rehabilitative facilities. The bill would make conforming changes to other provisions. (18) Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. Existing law provides for health care, pension, and other benefits for public employees. Chapter 6 of the Statutes of 2017 approved provisions requiring the expenditure of funds in a specified memorandum of understanding and made changes to the health care, pension, and other benefits for certain public employees. That act will become operative only if Chapter 8 of the Statutes of 2017 becomes operative. The Budget Act of 2016, as amended by Chapter 7 of the Statutes of 2017, made certain appropriations for the support of state government contingent on Chapter 8 of the Statutes of 2017 becoming operative. This bill would repeal the provisions that make Chapters 6 and 7 of the Statutes of 2017 contingently operative. (19) 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 no reimbursement is required by this act for a specified reason. (20) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.