Asm. Tim Donnelly

(1) Existing law imposes various requirements on local educational agencies with respect to pupil safety. This bill would express legislative findings and declarations of the Legislature with respect to school safety. The bill would permit a parent or guardian of a public elementary or secondary school pupil to have the option to remove his or her child from an unsafe school, as defined, and enroll his or her child in another school within the same school district if a suspension or expulsion of a pupil for any of several specified offenses has occurred during the current or immediately preceding school year or an employee of the school is dismissed by the governing board of the school district for, or is convicted of, specified offenses. The bill would require that, if no safe school exists within the same school district, the parent or guardian shall have the option to transfer his or her child to a safe school in another school district. Because the bill would impose new duties on school districts, it would constitute 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, 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 provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. This bill would instead, subject to federal approval, require that this payment reduction not apply to skilled nursing facilities that are a distinct part of a general acute care hospital for dates of service on or after June 1, 2011. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collection of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available to the board and the Department of Forestry and Fire Protection for certain specified fire prevention activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would declare the intent of the Legislature to repeal the state responsibility area fire prevention fees imposed by the above provisions.

Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law requires the Judicial Council to report biennially to the Legislature and the Governor on the factually determined need for new judgeships in each superior court, using that uniform criteria. This bill would require the Judicial Council, upon the availability of funding, to allocate 12 additional judges each fiscal year to those counties in which the current judicial position allocations are disproportionate to the Judicial Council's recommendation of assessed judicial need.

The Sales and Use Tax Law, and other laws by reference to that law, provide that interest is paid by taxpayers and feepayers with respect to underpayments of various taxes, surcharges, and fees at a modified adjusted rate per annum, as defined by reference to a specified federal statute, and that interest is paid to taxpayers and feepayers with respect to overpayments of various taxes, surcharges, and fees as determined in accordance with a specified federal statute, which requires that the rate paid on overpayments be based on the rate of 13-week treasury bills, as specified. This bill would revise the definition of "modified adjusted rate per annum," which would thereby require that interest on overpayments be determined in the same manner as interest on underpayments is now determined.

The County Service Area Law authorizes the county board of supervisors, acting as the governing authority of a county service area, to provide for the collection and enforcement of property-related fees and charges in the same manner that the county collects and enforces property-related fees and charges for the property-related services that the county provides. Existing law authorizes the dissolution of a county service area and allows the board to change the boundaries of a zone, or dissolve the zone, by following specified procedures. This bill would require the board, upon dissolution of a county service area or a specified zone, to post signs indicating which services and facilities are no longer provided within the zone and require the board to provide adequate maintenance to the signs. Existing law allows the board to raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities that the county service area provides. This bill would provide that the board may raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities for public streets that the county service area provides. The bill would prohibit the county and the dissolved zone from being held liable for death or injury resulting from the termination of services or facilities once the signs are posted. This bill would also provide that the county, county service area, and zones would not be responsible for a loss or injury resulting from the failure to provide maintenance of services or facilities for public streets if the board was unable to raise revenues. This bill would require the board to mail notice to an owner of property within the county service area, or zones that would no longer be able to maintain the services or facilities.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. Existing law imposes conditions on the nongovernmental entity Western Climate Initiative, Incorporated, created to assist the state board in the implementation of the act. Existing law, the Bagley-Keene Open Meeting Act, generally requires that all meetings of a state body be open and public. Existing law exempts the nongovernmental entity Western Climate Initiative, Incorporated, and its appointees from the Bagley-Keene Open Meeting Act when performing their duties. This bill would repeal that exemption and instead subject the Western Climate Initiative, Incorporated, and its appointees to the Bagley-Keene Open Meeting Act when performing their duties.

The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. This bill would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, a textbook purchased by a student from an institution of higher education or sold by an entity whose primary purpose is to provide textbooks to students attending institutions of higher education, for use as a learning resource in any course of study at that institution. The bill would define certain terms for those purposes. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.

Existing law prohibits a person or a controlled committee, directly or through any other person or controlled committee, from paying, lending, or contributing, or offering or promising to pay, lend, or contribute, any money or other valuable consideration to or for any voter or for any other person to induce or reward the voter for specified acts, including refraining from voting at any election, voting or refraining from voting at an election for any particular person or measure, and remaining away from the polls at an election, and makes a violation of these prohibitions a crime punishable by imprisonment as specified. This bill would expand these prohibitions to also apply to inducing or rewarding a voter for the act of voting at an election. The bill would make an exception to these prohibitions, as expanded, for a person offering or accepting transportation to or from a polling place or other location where a ballot may be cast. By expanding the definition of an existing 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.