Asm. Tom Torlakson

This measure would proclaim January 13, 2010, as Korean-American Day.

The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax on every distributor of cigarettes and tobacco products at specified rates, including additional taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Families and Children Act of 1998 (Proposition 10) . A provision of that law imposes a tax upon the distribution of tobacco products at a tax rate which is equivalent to the combined rate of all taxes imposed on cigarettes, which is deposited in specified accounts. This bill would, commencing on or after the first day of the first calendar quarter commencing more than 90 days on or after the effective date of the bill, impose an additional excise tax on the distribution of cigarettes at the rate of $0.105 for each cigarette distributed, and would require a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date, as specified. The revenues collected from the additional tax would be deposited in the Tobacco Excise Tax Account, which would be created by the bill, and would be allocated, upon appropriation by the Legislature, for certain education-, health-, and child-related purposes. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Because this bill would impose new requirements under the Cigarette and Tobacco Products Law, the violation of which is a crime, 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 no reimbursement is required by this act for a specified reason. This bill would take effect immediately as a tax levy.

(1) The Subdivision Map Act establishes a statewide regulatory framework for controlling the subdividing of land. The act generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map. The act requires the legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, to include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply be available. The act authorizes the legislative body to request written verification of sufficient water supply, and, when the written verification relies on projected water supplies that are not currently available to the public water system to provide a sufficient water supply to the subdivision, requires that the written verification as to those projected water supplies be based on prescribed elements. This bill would, instead, require the legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, to include as a condition in any tentative map that includes a subdivision a requirement that the subdivision have a sufficient water supply available or that sufficient water supplies will be made available through a Water Demand Mitigation Fund, as defined, held by the public water system. The bill would require the amount of funding needed for voluntary participation by the subdivision applicant in the Water Demand Mitigation Fund to be based on offsetting at least 100 percent of the projected water demand associated with the subdivision, as determined by the public water system. The bill would authorize the public water supplier to collect fees necessary to provide additional analysis of extraordinary water conservation measures. The bill also would require the public water system to expend all funds in the Water Demand Mitigation Fund on water conservation measures that will offset at least 100 percent of the projected demand associated with the subdivision, as specified. By adding to the duties of public water system officials, this bill would impose a state-mandated local program. (2) 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 requires school districts and community college districts adopting the merit system for classified employees to appoint a personnel commission. The personnel commission is required to appoint a personnel director who is responsible to the commission for carrying out all procedures in the administration of the classified personnel in accordance with the requirements of existing law and rules of the commission. This bill would require the personnel commission of each of those districts, consistent with the commission rules applicable to all classified employees, to determine compensation for, and supervise the personnel director. The administration of and the exclusive representatives of classified employees of each of those districts would be required to participate in the annual performance evaluation of the personnel director by completing an evaluation or comment form distributed by the commission. The personnel commission of each of those districts would be required to review the submitted evaluation and comment forms, if any, and to consider the forms as part of the overall evaluation process. The bill would require that, if the commission prepares this evaluation, the commission be responsible for the content of that final evaluation. The bill would grant the personnel commission of a district the authority to impose discipline upon the personnel director if cause has been established in accordance with commission rules applicable to all classified employees. The bill would provide, to ensure due process for the personnel director, that he or she be granted the option of requesting a hearing from an impartial hearing officer, as specified. The bill would require that the method for selecting the hearing officer be designated in commission rules, and would bind the commission by the findings of the hearing officer. The bill would require that the procedures authorized by its provisions be integrated into the regular personnel commission activities and be conducted within the amount otherwise budgeted for the personnel commission of the district. To the extent that this bill would impose additional duties on local officials, 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 no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes these districts to provide instruction at community college campuses. Existing law requires that 50% of each district's current expense of education, as defined, be expended for payment of salaries of classroom instructors, as defined. Existing law requires the governing board of each district to provide for an internal audit in accordance with regulations of the board of governors. This bill would define classroom instructors to include counselors. This bill would require that, commencing with the 2010–11 fiscal year, 52% of each district's current expense of education be expended for payment of salaries of classroom instructors. The bill would also allow the board to establish a committee to review the auditing procedures in order to ensure compliance with the requirement that 52% of each district's current expense of education be paid for the salaries of classroom instructors.

Existing law provides for the licensure of child day care centers, including centers that provide preschool services. Existing law states the intent of the Legislature that all families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. This bill would require the State Department of Education to post, by January 1, 2011, specified data relating to early childhood education on its DataQuest Internet Web site, and any successor system. This data would be required to be updated at least every 2 years.

(1) The After School Education and Safety Program Act of 2002, enacted by the initiative measure Proposition 49, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act continuously appropriates each fiscal year up to $550,000,000 from the General Fund to the State Department of Education for purposes of the After School Education and Safety Program, except in fiscal years when the state's minimum funding obligation for schools is determined pursuant to a specified provision, in which case the appropriation for the program is reduced by a specified percentage. This bill would allow the reduction in a fiscal year in which the moneys applied by the state for the support of school districts and community college districts is reduced, revise the formula by which the percentage reduction is determined, and specify that the state would not incur a maintenance factor when the appropriation is reduced. (2) Existing law makes the continuous appropriation for purposes of the After School Education and Safety Program available for encumbrance for one year after the date upon which they first become available for encumbrance and subject to reversion to the General Fund. This bill instead would make the appropriation available for encumbrance for 2 years. (3) The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the voters unless the initiative statute permits amendment or repeal without the approval of the voters. The initiative measure that enacted the After School Education and Safety Program Act of 2002 authorizes the Legislature to amend, by statute passed in each house by a majority vote of the membership concurring and signed by the Governor, certain of its provisions to further the purpose of the initiative statute. The bill would provide for one of its provisions to be submitted to the voters for approval and would state a legislative finding and declaration that the other provisions further the purpose of the initiative measure.

(1) The After School Education and Safety Program Act of 2002, enacted by the initiative measure Proposition 49, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. This bill would establish the California After School Teacher Pipeline Program, a pilot program, for the purpose of recruiting qualified after school instructors to participate on a pilot basis in the California School Paraprofessional Teacher Training Program. The bill would require the Commission on Teacher Credentialing to select up to 4 school districts or county offices of education receiving program funds under the California School Paraprofessional Teacher Training Program to apply for pilot program funds. The bill would require the commission to use the $150,000 annually transferred by the State Department of Education, as described in (2) below, to award a grant to each selected applicant, not to exceed $3,500 per pilot participant per year. The bill would require the commission, before January 1, 2015, to report to the Legislature regarding the pilot program, as specified. The bill would make these provisions inoperative on July 1, 2016, and repeal them on January 1, 2017. (2) The After School Education and Safety Program Act of 2002 makes 1.5% of the funds continuously appropriated for purposes of that program available to the department for purposes of providing technical assistance, evaluation, and training services, and for providing local assistance funds to support program improvement and technical assistance. The act authorizes the Legislature to amend that funding provision by a majority vote if the amendment furthers the purposes of the act. This bill, commencing with the 2010–11 fiscal year, would require the department annually to transfer $150,000 of those funds to the commission for purposes of implementing the California After School Teacher Pipeline Program. (3) This bill also would include a finding and declaration of the Legislature that the bill's provisions further the purposes of the After School Education and Safety Program Act of 2002.

Existing law establishes the Child Care Facilities Revolving Fund in the State Treasury to provide funding for the renovation, repair, improvement, or purchase of child care facilities for lease to school districts and contracting agencies that provide child care and development services pursuant to the Child Care and Development Services Act. This bill would instead specify that the fund be used to make loans to eligible borrowers for the purchase, development, construction, expansion, renovation, repair, or improvement of licensed child care. The bill would authorize the Superintendent of Public Instruction to transfer federal funds appropriated for child care facilities into the fund. Existing law requires the Superintendent to submit a report to specified agencies detailing certain information relating to the fund, including a projection of the lease payments collected. This bill would instead require the Superintendent to include a projection of the lease and loan payments collected, and would require the Superintendent to include specified additional information in the report. The bill would require the State Department of Education to utilize the capital financing expertise of the child care financial intermediary program to administer the fund, and to adopt regulations to implement these procedures and manage the fund. Existing law requires the Superintendent to contract with a nonprofit organization to serve as a financial intermediary to undertake activities designed to increase funds available from the private and public sectors for the financing of child day care facilities. This bill would require the financial intermediary to coordinate private sources of capital with the Child Care Facilities Revolving Fund instead of the Department of Housing and Community Development and the California Infrastructure and Economic Development Bank, and to provide capital financing and facility development expertise and assistance to the Child Care Facilities Revolving Fund. The bill would delete obsolete references in those provisions to regional resource centers. By authorizing the expenditure of funds in the Child Care Facilities Revolving Fund, a continuously appropriated fund, for a new purpose, and adding a new source of revenue for deposit into the fund, the bill would make an appropriation.