(1) Existing law, the Money Transmission Act, prohibits a person from engaging in the business of money transmission in this state, or advertising, soliciting, or holding itself out as providing money transmission in this state, unless the person is licensed by the Commission of Business Oversight or exempt from licensure under the act. Existing law requires applicants for licensure to pay the commissioner a specified nonrefundable fee and to complete an application form requiring certain information. As security, existing law requires each licensee to deposit and maintain on deposit with the Treasurer cash in an amount not less than, or securities having a market value not less than, such amount as the commissioner may find and order from time to time as necessary to secure the faithful performance of the obligations of the licensee with respect to money transmission in this state. Existing law requires a licensee at all times to own eligible securities, as defined, in a specified aggregate amount not less than the amount of all of its outstanding money received for transmission, as specified. This bill, until January 1, 2022, would enact the Digital Currency Business Enrollment Program, to be administrated by the Commissioner of Business Oversight, who would be granted authority to make rules and regulations for this purpose. The bill would prescribe various definitions in this regard and would define digital currency as a digital representation of value that can be digitally traded and is used to facilitate the sale, purchase, and exchange of goods, services, or other digital representations of value, except as specified. The bill would define digital currency business as offering or providing the service of storing, transmitting, exchanging, or issuing digital currency, subject to various exceptions. The bill would define a person to include an individual or other business entities, however organized. The bill would prohibit a person from engaging in the digital currency business without enrolling in the program and would prohibit the conduct of digital currency business through an unenrolled agent. The bill would require a person seeking enrollment to pay a nonrefundable fee of up to $5,000, not to exceed the reasonable costs of enrolling a person in the program, and would require the person to provide the commissioner specified personal and business information in a form and manner prescribed by the commissioner. The bill would also require the person to provide fingerprints and would authorize the commissioner to deliver the fingerprints to law enforcement agencies. The bill would require the commission to permit enrollment in the program unless it appears to the commissioner that the person, or related parties, are not of good character. The bill would prohibit a person from directly or indirectly acquiring control of an enrollee in the program without approval by the commissioner and would prescribe a process and a fee for applying for approval. The bill would require an application to acquire control of an enrollee to be under oath. By expanding the scope of the crime of perjury the bill would impose a state-mandated local program. The bill would require an enrollee to pay an annual fee of $2,500 to maintain enrollment in the program. The bill would require that all moneys received by the commissioner in connection with its provisions to be placed in the Digital Currency Business Enrollment Program Account, which would be created in the State Corporations Fund, to be available, upon appropriation by the Legislature, to the commissioner for expenditure for the purposes of the program. The bill would prohibit an enrollee in the program from advertising products, services, and activities without a statement regarding the program and that a government agency has not reviewed the safety or soundness of the business or digital currencies. The bill would require an enrollee to maintain advertising and marketing materials and would prohibit the materials from making false, misleading, or deceptive representations or omissions. The bill would require an enrollee to make a variety of specified disclosures in English and in any other language spoken by a majority of the enrollee's customers prior to entering into an initial transaction for, or on behalf of, a customer, when opening an account for a new customer, and prior to each transaction. The bill would also require an enrollee to provide a customer a receipt containing specified information when accepting digital currency or money. The bill would require that the English version of the receipt govern disputes over its terms and would provide that discrepancies between the English version and a translation be construed against the enrollee, as specified. The bill would prescribe a fine of $100 for each violation of the provisions relating to receipts. The bill would authorize the commissioner to require an enrollee and its agents to submit surveys, investigations, and questionnaires for the purpose of gathering information and to ascertain detailed facts about the enrollee's business model, capitalization and net worth, and cybersecurity, among other things. The bill would require an enrollee and its officers, agents, and employees to make the enrollee's accounts, books, correspondence, and other records available upon request and to facilitate the commissioner's fact-gathering. The bill would provide that these materials are not public records and shall be held in confidence. The bill would require an enrollee to provide an audit report containing specified information and prepared pursuant to prescribed standards and an annual report, the content of which would be determined by the commissioner. The bill would provide that these reports are not public records and shall be held in confidence. The bill would prescribe fines and penalties for the failure to make reports or include required information, which would include disenrollment for repeated failures. The bill would require the commissioner to prepare and make available to the public an annual report on the state of the digital currency business industry by compiling the information received pursuant to these provisions. The bill would grant the commissioner the authority to issue cease and desist orders when, in the commissioner's opinion, an unenrolled person is engaging in the digital currency business or violating provisions of the program. The bill would provide for a hearing after an order is served and a request for hearing is filed in writing within 30 days of service. If a request for a hearing is not filed within this time, the order would be deemed final and would not be subject to any judicial review. The bill would authorize the commissioner to bring actions to enjoin acts or practices in violation of its provisions and to enforce its provisions. The bill would authorize a superior court, upon proper showing, to appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets. The bill would authorize the commissioner to include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $25,000. The bill would provide a limitations period in this regard of four years after an act constituting a violation occurred. The bill would authorize the commissioner to disenroll an enrollee if, after notice and an opportunity for hearing, the commissioner makes specified findings. The bill would authorize the commissioner to refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings. (2) Existing law, the General Corporation Law, prohibits a corporation, social purpose corporation, association, or individual from issuing or putting in circulation, as money, anything but the lawful money of the United States. This bill would delete that prohibition. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) 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 a system of public elementary and secondary education in this state. Existing law establishes local educational agencies, including school districts and county offices of education, throughout the state, and authorizes these agencies to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. This bill would enact the California Teacher Corps Act of 2016, under which the Superintendent of Public Instruction would make grants to applicant local educational agencies and consortia of local educational agencies to assist these agencies in establishing, maintaining, or expanding teacher residency programs, as defined. The teacher residency programs established by the bill would be defined as school-based teacher preparation programs in which a prospective teacher would teach alongside an experienced mentor teacher, as defined, while also receiving teacher training instruction in a teacher credentialing program in a qualified institution of higher education. The bill would establish eligibility standards for persons who apply for participation in the teacher residency programs established by the bill. This bill would appropriate the sum of $60,000,000 from the General Fund to the Superintendent on a one-time basis, available for the 2016–17, 2017–18, and 2018–19 fiscal years, to make grants to applicant local educational agencies and consortia of local educational agencies, as described above. Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts for the 2015–16 fiscal year imposed by Section 8 of Article XVI of the California Constitution.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. Existing law also requires the boards to waive the renewal fees, continuing education requirements, and other renewal requirements, if applicable, of any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard, if certain requirements are met. Existing law requires each board to inquire in every application if the individual applying for licensure is serving in, or has previously served in, the military. Existing law, on and after July 1, 2016, requires a board within the Department of Consumer Affairs to expedite, and authorizes a board to assist, the initial licensure process for an applicant who has served as an active duty member of the United States Armed Forces and was honorably discharged. This bill, on and after January 1, 2018, would require every board within the Department of Consumer Affairs to grant a fee waiver for the application for and the issuance of an initial license to an applicant who supplies satisfactory evidence, as defined, to the board that the applicant has served as an active duty member of the California National Guard or the United States Armed Forces and was honorably discharged. The bill would require that a veteran be granted only one fee waiver, except as specified.
Existing law establishes the Santa Monica Mountains Conservancy and prescribes the membership and functions and duties of the conservancy with regard to the protection and preservation of lands within the Santa Monica Mountains Zone, as defined. This bill would require the conservancy to establish the Los Angeles River San Fernando Valley Regional Access and Economic Sustainability Working Group to evaluate and make recommendations for conservancy action pertaining to public access and business integration needs, opportunities, and constraints in areas along and in the vicinity of the Los Angeles River in the San Fernando Valley, as prescribed.
Existing law, the Lanterman Developmental Disabilities Services Act, authorizes the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law governs the habilitation services provided for adult consumers of regional centers, including work activity programs, as described, and establishes an hourly rate for supported employment services provided to consumers receiving individualized services. Existing law requires the department, contingent upon receiving federal financial participation, to conduct a 4-year demonstration project to determine whether community-based vocational development services will increase employment outcomes for consumers and reduce purchase of service costs for working age adults. This bill would require, on or before July 1, 2017, the department to establish a Work Transition Project with a process for regional centers to allow well coordinated forms of integrated services using allowable services under existing state and federal law and to assist in the state's efforts to reach compliance with the federal Home and Community-Based Services Waiver regulations. The bill would authorize the department to waive certain regulations through the use of modifications that maintain the purpose of the regulation while allowing flexibility to expand activities and choices in service program settings. The bill would set a maximum rate of $40 per hour for vendors to provide needed job readiness and support services aimed at individualized transition services for consumers currently placed in work activity programs and other similar day services related to work experience and work opportunities who choose to move towards competitive integrated employment. The bill would require the department to assess the change in the amount of time that it takes a consumer under these provisions, as compared to previous modes of service delivery, to become job ready and to transition into a competitive integrated employment setting and to report that information to the budget and appropriate policy committees of each house of the Legislature during the annual budget process.
Existing law provides for the establishment and operation of veterans' homes at various sites, and provides for an administrator of each home, as specified. Existing law establishes the duties of the Department of Veterans Affairs with regard to the establishment and regulation of veterans' homes. This bill would revise and recast those provisions. Among other things, the bill would provide that the administrator is the senior executive appointed to oversee the operations of a veterans' home. The bill would specify which veterans' homes are administered by the Department of Veterans Affairs. The bill would require the Secretary of Veterans Affairs to adopt uniform statewide policies and procedures, by regulation, for the operation of those veterans' homes, as specified. The bill would require the secretary to implement a statewide electronic medical record system for veterans' homes by a specified date. The bill would require the secretary to annually report to the Senate and Assembly Committees on Veterans Affairs, as specified. Existing law establishes the criteria for admission to a veterans' home, as specified. Existing law establishes the fees and charges for residency, as established by each administrator of a home, and requires each administrator to adopt rules and regulations for the administration of the homes. This bill would instead require that the fees and charges be established by the secretary, rather than by each administrator, and that the secretary adopt rules and regulations that apply to the homes and the criteria for admission. The bill would authorize the secretary to establish needs-based criteria for admission to veterans' homes and to prioritize admission for veterans with service-related disabilities, as specified. Existing law authorizes a resident spouse to continue his or her residency after a veteran spouse's death. This bill would require a resident spouse who continues residency after a veteran spouse's death to continue to pay all applicable fees and to comply with all department regulations, and would expand those provisions to include domestic partners. Existing law authorizes the department to investigate a veteran's financial status for admission purposes. This bill would further authorize the department to determine a resident's or applicant's income or suitability for residence at a veterans' home and would provide that providing false information or failure to pay fees is grounds for financial penalties or discharge from a veterans' home. Existing law requires 100% of the moneys received by a veterans' home from veterans receiving federal aid to be placed to the credit of the home to augment the current appropriation for the support of the home. This bill would delete that provision. Existing law requires members of a veterans' home to pay fees and charges as determined by the department, subject to a specified fee schedule. This bill would provide that failure to pay fees is cause for the administrator to refer the resident to collections or dismiss the resident from the home. Existing law, upon the death of a veteran in a home, requires any moneys not in excess of $3,000 held by the home for the veteran to be paid to the home's Morale, Welfare, and Recreation Fund, if no will or heir or other family member is discovered within a specified number of years after his or her death. This bill would increase the amount that may be transferred to $15,000. Existing law, upon the departure of a veteran from a home, requires any moneys not in excess of $3,000 held by the home for the veteran to be paid to the home's Morale, Welfare, and Recreation Fund, if the money is not requested by the veteran within a specified number of years after his or her departure. This bill would increase the amount that may be transferred to $5,000. This bill would make other conforming changes and would delete obsolete provisions and references, as specified.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The drug fentanyl is classified in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. Existing law imposes a greater additional term under these provisions depending on the weight of the substance. This bill would make the provisions imposing an additional term, as described above, applicable with respect to a substance containing fentanyl. By imposing additional incarceration costs on local agencies, 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 law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of requesting that the prosecuting attorney file a petition to declare the minor a ward of the juvenile court. Existing law makes a minor ineligible for this program of supervision if he or she has previously participated in a program of supervision. Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution. This bill would require the probation officer, in a case in which a minor is alleged to have committed those prostitution-related offenses, to delineate a specific program of supervision for the minor in lieu of requesting that the prosecuting attorney file a petition to have the minor declared a ward of the juvenile court. The bill would also allow these minors to participate in a program of supervision even if they have previously participated in a program of supervision. The bill would further require the probation officer to make a report to the county child welfare agency if the officer has reason to believe the minor is the victim of abuse or neglect, as specified. By increasing the duties of probation officers, 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.
Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils including, but not limited to, an expulsion hearing and a right to appeal. Existing law requires the county superintendent of schools in counties that operate community schools, in conjunction with superintendents of the school districts within the county, to develop a plan for providing education services to all expelled pupils in that county. This bill would prohibit a school operated by a county office of education from expelling a pupil accused of certain offenses unless the county board of education contracts with the Office of Administrative Hearings or appoints an impartial administrative panel for purposes of an expulsion hearing, as specified. The bill would require that the pupil or the pupil's parent or guardian be provided with notice of the hearing, as specified. The bill would authorize a pupil expelled from a school operated by a county office of education to appeal the hearing officer's or the impartial administrative panel's decision to expel to the county board of education. The bill would require the county superintendent of schools or his or her designee, if the county board of education upholds an expulsion, to provide a written notice of the decision to expel, as specified. The bill would also require the plan for providing education services to all expelled pupils in a county that operates one or more community schools to include pupils expelled by the county board of education. By imposing new duties upon county boards of education, 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.
(1) Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance. This bill would include as another type of excused absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to adopt a policy that allows a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave, and would specify the method for crediting average daily attendance for these pupils. (2) Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupil's temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified. This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil's school or school district. (3) Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified. (4) To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. (5) 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.
Existing law establishes the California Health and Human Services Agency. The agency includes various departments that administer social services in this state, including the State Department of Social Services. Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. This bill would require the California Health and Human Services Agency to designate the appropriate agency or agencies to design and implement the Summer Electronic Benefits Transfer for Children (SEBTC) to provide nutrition assistance benefits to eligible households. The bill would require that the system be compatible with the state's electronic benefits transfer system, comply with federal laws and regulations, and comply with privacy and confidentiality procedures consistent with all applicable state and federal law. The bill would require, among other things, the Secretary of the California Health and Human Services Agency to designate the appropriate state agency which would be required to request or apply for federal approval or authorization necessary to implement and operate SEBTC. The bill would also require each agency to request or apply for all available federal funding to implement and operate SEBTC. The bill would require the secretary to notify in a timely manner the appropriate head of each agency that is required to request or apply for federal approval or authorization so as to permit the agency or agencies sufficient time to complete the process. The bill would provide that the provision of SEBTC benefits to eligible households is contingent upon federal funding for this purpose. The bill would also include a statement of legislative findings and declarations.
Existing law prescribes procedures for the formation of port districts and regulates the operation and development of ports in the state, including the operation of port facilities, equipment, and certain sea-going vessels. This bill would establish the Southern California Port Congestion Authority and would require that the authority be governed by a board consisting of 7 members appointed by the Secretary of Transportation. The bill would authorize the authority to plan, develop, and implement measures and projects necessary to alleviate congestion in the Port of Los Angeles and the Port of Long Beach, as specified. The bill would require each marine terminal operator at the Port of Los Angeles and the Port of Long Beach to report to the authority specified information with respect to traffic at the ports. The bill would also require the authority to hold quarterly public hearings to discuss the results of these reports. To the extent that the bill would impose new duties upon local government entities, it 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.
