Existing law generally requires the approval of the Department of Finance and the State Public Works Board before a state agency, including, among others, the California Community Colleges, may expend funds from an appropriation for capital outlay purposes. With respect to the California Community Colleges, this approval is only required for the allocation of state capital outlay funds appropriated by the Legislature. This bill would authorize a community college district to receive reimbursement for amounts incurred by the community college district through the expenditure of local funds for capital outlay projects, before revenues are available from a state general obligation bond approved by the electorate, after the date of the final project proposal approval by the Board of Governors of the California Community Colleges, after approval of preliminary plans by the Department of Finance and the State Public Works Board, and after an appropriation by the Legislature of funds for one or more specified project phases. The bill would apply specified requirements to the receipt of this reimbursement. The bill would make these provisions inoperative on January 1, 2016.
Existing law, the Cemetery Act, provides for the licensure and regulation of cemeteries, crematories, and their personnel by the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Existing law requires a person who has had a license or registration under the jurisdiction of the bureau revoked, suspended, placed on probation, or surrendered under a stipulated decision, within the immediately preceding 10 years, and who is employed by or who seeks employment with, a licensed cemetery, a licensed crematory, or a licensed cemetery broker to so inform the cemetery manager, crematory manager, or cemetery broker, respectively, as defined. Existing law creates the Cemetery Fund, which is continuously appropriated for the purpose of implementing the Cemetery Act. Violation of these provisions is a misdemeanor. Existing law establishes certified uniform program agencies, which are agencies certified by the Secretary for Environmental Protection to implement a specified unified program relating to hazardous waste and materials in accordance with certain requirements. This bill, until January 1, 2019, would require the bureau to license and regulate, as specified, hydrolysis facilities and hydrolysis facility managers, as defined, and would enact requirements substantially similar to those applicable to crematoria. By expanding the definition of crimes relating to the disposition of human remains and creating new crimes, this bill would impose a state-mandated local program. The bill would require that specified fees paid to finance hydrolysis facility regulation be deposited in the Cemetery Fund. By depositing moneys in a continuously appropriated fund, this bill would make an appropriation. The bill would require certified unified program agencies to ensure compliance with certain environmental standards, and to comply with specified reporting requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program. 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.
Existing law provides funding for various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. Commencing with the 2015–16 fiscal year and for each fiscal year thereafter, this bill would require the Superintendent of Public Instruction, using funds appropriated in the annual Budget Act for regional occupational centers and programs, to apportion an amount to each county office of education in the same relative proportion of funding that the county office of education, school districts, and joint powers agencies within that county receive in the 2014–15 fiscal year. The bill would further require each county office of education to allocate to regional occupational centers and programs a proportion of these funds in the same relative proportion of funding that they receive in the 2014–15 fiscal year. The bill would authorize the local educational agencies that operate career technical education programs to form into regions for purposes of entering into agreements to share in the cost of developing and maintaining a career technical education program using funding appropriated for regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs, as specified. The bill would require that funds subject to these agreements be expended only to ensure the development and maintenance of high quality career technical education programs. The bill would specify that absent an agreement, funds appropriated for specialized secondary programs, partnership academies, and agricultural career technical education programs be expended only for the purposes for which they were appropriated. The bill would impose certain conditions on the receipt of funds under these provisions, including, among others, that the governing board of each regional occupational center or program, in collaboration with individuals representing partner school districts within each region, California partnership academies, agricultural career technical education programs, and other career technical education programs develop a plan for establishing a sequence of courses by July 1, 2015, as specified. The bill would require the Superintendent to align the accountability measures for regional occupational centers and programs, agricultural career technical education programs, and partnership academies into a uniform accountability metric based on specified indicators and pupil data.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law requires certain fees to be required of, and collected from, students enrolled in each special session, pursuant to rules and regulations prescribed by the Board of Trustees of the California State University. This bill would require information on special session programs and fees to be annually reported to the board of trustees at a publicly noticed meeting of the board of trustees, and require the report to include, but not be limited to, specified information. The bill also would require the California State University, commencing on July 1, 2014, and each July 1 thereafter until January 1, 2019, to provide a report including specified information to the Legislature on the California State University Extended and Continuing Education Program.
Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of the Horse Racing Law in the California Horse Racing Board. A violation of the act, where no other penalty is expressed, is a misdemeanor. Existing law requires every association that conducts a racing meeting to deduct 15% of the total amount handled in conventional parimutuel pool and 16.75% of the total amount handled in exotic parimutuel pools and to distribute the moneys as specified. Existing law requires any fair racing association to additionally deduct 1% from the total amount handled in its daily conventional and exotic parimutuel pools, and provides for the deposit of the moneys in the Fair and Exposition Fund, a continuously appropriated fund, for expenditure for the construction or operation of recreational and cultural facilities of general public interest. This bill would instead require that the 1% deducted from the total amount handled in its daily conventional and exotic parimutuel pools be distributed to the fair that conducted the racing meeting and to the horsemen and horsewomen who participated in the racing meeting. The bill would specify that 50% of this amount, would be payable to the fair as commissions, and 50% to the horsemen and horsewomen as purses. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. 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.
Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The University of California (UC) system includes 10 campuses, which are respectively located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would express findings and declarations of the Legislature relating to, among other things, the role of the UC Riverside Medical School in supporting California's health care infrastructure. The bill would, from any amount paid to the State of California as a result of an investigation into possible overpayments of state funds to the Senior Care Action Network (SCAN) Health Plan and available for expenditure for the purposes of the bill, as the highest priority for the use of these funds, transfer $15,000,000 to the Regents of the University of California for allocation to the School of Medicine at the University of California, Riverside, thereby making an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief. This bill would authorize the court, in its discretion and in the interests of justice, to permit a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant was sentenced for a nonserious, nonviolent, or nonsexual offense to county jail and if the defendant is not under mandatory supervision and is not serving a sentence for, on probation for, or charged with the commission of, any offense.
Existing law, with certain exceptions, prohibits the possession of an assault weapon, as defined, and makes violations subject to criminal penalties. Existing law defines a firearm as an assault weapon, in part, based upon whether it has a detachable magazine. This bill would define "detachable magazine" for this purpose to mean any ammunition feeding device that can be removed from the firearm without disassembly of the firearm action, and to include a magazine that may be detached from the firearm by depressing a button on the firearm either with the finger or by use of a tool or a bullet. The bill would declare that these amendments are declaratory of existing law, would direct the Attorney General to adopt regulations, and would make these amendments operative July 1, 2013. By expanding the definition of existing crimes, this bill would impose a state-mandated local program. 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.
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would establish the California Veterans Services and Workforce Development Division within the Department of Veterans Affairs for the purpose of coordinating and administering veterans assistance programs in the state, and would require the division to perform various functions and duties relating to the coordination and administration of veterans assistance programs, as specified. The bill would require the administrative and support staff responsible for the administration of the specified programs to be transferred from the Employment Development Department to the division, and would require the costs of the transfer to utilize existing resources of the Department of Veterans Affairs.
(1) Existing law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. Existing law requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. Existing law requires the county auditor to decrease, for the fiscal adjustment period, as defined, the amount of ad valorem property tax revenue allocated to a county's Educational Revenue Augmentation Fund by the countywide adjustment amount, as defined, and requires the auditor to instead allocate this amount to the Sales and Use Tax Compensation Fund in the county. Existing law requires, during this same period, the county auditor to allocate moneys from the Sales and Use Tax Compensation Fund to cities and counties to reimburse these entities for local tax revenue losses resulting from a specified statute, as provided. Existing law requires these allocations to be made in a manner that ensures that the amount of ad valorem property tax revenue allocated to cities, counties, and special districts pursuant to specified statutes is not reduced. This bill would, for the 2012–13 fiscal year and for each fiscal year thereafter, if there is not enough ad valorem property tax revenue that is otherwise required to be allocated to a county Educational Revenue Augmentation Fund for the county auditor to complete the decreases required during the fiscal adjustment period, require the county auditor to calculate an amount, as specified, and to submit a claim to the Controller for that amount. This bill would require the Controller, upon appropriation by the Legislature, to deposit the amount of the claim into the Sales and Use Tax Compensation Fund, and would require the county auditor to allocate that amount among the county and to each city in the county. (2) The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Beginning with the 2004–05 fiscal year and for each fiscal year thereafter, existing law requires that each city, county, and city and county receive a vehicle license fee adjustment amount (VLFAA) , as defined, from a Vehicle License Fee Property Tax Compensation Fund (VLFPTCF) that exists in each county treasury. Existing law requires that these amounts be funded from ad valorem property tax revenues otherwise required to be allocated to educational entities. This bill would, for the 2012–13 fiscal year and for each fiscal year thereafter, if there is not enough ad valorem property tax revenue that is otherwise required to be allocated to educational entities for the county auditor to make the VLFAA payments, require the county auditor to allocate to the VLFPTCF a specified amount of ad valorem property tax revenue, that is not required to be allocated under a specified statute, to an elementary, high school, or unified school district. This bill would require the county auditor, if there is still not enough ad valorem property tax revenue to make the VLFAA payments, to submit a claim to the Controller for the remaining amount necessary to make those payments. This bill would, upon appropriation by the Legislature, require the Controller to deposit the amount of the claim into the VLFPTCF, and would require the county auditor to allocate that amount in the manner provided by the existing payment provisions. (3) By imposing additional duties upon local tax officials with respect to the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.(4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes an education funding system under which the Superintendent of Public Instruction apportions to each qualifying school district state aid funds in an amount not to exceed its revenue limit, an amount that is largely based on the school district's average daily attendance, which is computed as specified. Existing law authorizes specified school districts to calculate their revenue limits in a different manner if the school district includes a necessary small high school, which is defined as a high school with an average daily attendance of less than 301 that meets prescribed conditions. Existing law also authorizes a school district that includes a necessary small high school to include average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and number of certificated employees employed in the 2011–12 fiscal year if the school district included average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and certificated employees employed in the 2010–11 fiscal year. This bill would state the intent of the Legislature that the Superintendent provide the Legislature with a report by February 1, 2013, recommending revisions to the definition of necessary small schools and reforms to the formula for funding necessary small schools. The bill would instead authorize a school district that includes a necessary small high school to include average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and number of certificated employees employed in the 2012–13 fiscal year if the school district included average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils in the calculation of average daily attendance and certificated employees employed in the 2011–12 fiscal year. The bill would require a school district that chooses to include the average daily attendance in grades 7 and 8 and the instructors of grade 7 and 8 pupils, as described above, to pursue any funding deferral exemptions it may be eligible for. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law provides for the licensing and regulation of various community care and child care facilities by the State Department of Social Services. This bill would prohibit a person required to register under the act from residing, except as specified, working, or volunteering in, among other places, foster homes or facilities licensed by the State Department of Social Services or a county child welfare services agency. Violation of this prohibition would be a misdemeanor. The bill would also authorize a juvenile court to waive this prohibition if the residence involved is that of a noncustodial parent, relative, or nonrelative extended family member who receives the placement of a child who is or may be declared a dependent of the court and the court finds that placing the child in that residence is in the child's best interest. This bill would require specified officials who register a person under the act to make a specified determination regarding the registration, notify the person when his or her registered residence or place of employment would be prohibited by the bill, and take appropriate law enforcement action, or make a specified notification, including notifying the county child welfare agency and the Department of Social Services, as specified, if the person registers at a prohibited residence or place of employment. This bill would require the State Department of Social Services to, by January 1, 2014, provide specified public officers and persons or entities that register a person who is required to register with the addresses or other equivalent data of, among other things, foster homes or facilities that serve children under 18 years of age and that are licensed by the department or a county child welfare agency. This bill would also require specified investigators of the State Department of Social Services to compare the residence and employment addresses of persons required to register under the act against the addresses of certain facilities, including, among others, foster homes or facilities licensed by the department or a county child welfare agency. The bill would require investigators to immediately, or as soon as practicably possible, make a report, as specified, to the appropriate county child welfare agency and the State Department of Social Services if those addresses match. (2) Existing law, the California Child Day Care Act, requires the Director of Social Services to annually publish and make available certain lists covering all licensed child day care facilities, other than small family day care homes, as defined, and the services for which each facility has been licensed. Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of small family day care homes, except for specified purposes, including, among others, providing the names and addresses of these small family day care homes to certain state agencies, programs, organizations, or plans. This bill would include a local law enforcement agency among the agencies that may receive lists containing the names, addresses, and other identifying information of small family day care homes, as specified. This bill would create a new crime and impose additional duties upon local officials, thereby creating a state-mandated local program. 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.
