(1) 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 by, and funded pursuant to, federal Medicaid program provisions. Existing law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. Existing law, the Coordinated Care Initiative (CCI) , requires the department to seek federal approval pursuant to a Medicare or Medicaid demonstration project or waiver, or a combination thereof, to establish a demonstration project that enables beneficiaries who are dually eligible for the Medi-Cal program and the Medicare Program to receive a continuum of services that maximizes access to, and coordination of, benefits between these programs. Existing law requires, with some exceptions, Medi-Cal beneficiaries who have dual eligibility in the Medi-Cal program and the Medicare Program to be assigned as mandatory enrollees into Medi-Cal managed care health plans for their Medi-Cal benefits in counties participating in the CCI. Existing law conditions implementation of the CCI on whether the Director of Finance estimates that the CCI will generate net General Fund savings, as specified. Existing law, with certain exceptions, specifies those provisions of law that are within the scope of the CCI, including those relating to the demonstration project described above, to become inoperative if this condition is not met. Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires, as part of the CCI, Medi-Cal long-term services and supports, including IHSS, to be covered services under managed care health plan contracts and to be available only through managed care health plans to beneficiaries residing in the CCI counties, except as specified. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the requirement that IHSS be a covered service available through managed care health plans in CCI counties, and would continue IHSS as a covered service available through Medi-Cal managed care health plans in those counties. The bill would make conforming changes to related provisions. (2) Existing law permits services to be provided under the IHSS program through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, any public authority created under the IHSS program is deemed to be the employer of in-home support services personnel within the meaning of the Meyers-Milias-Brown Act, which governs local employer-employee relations. Existing law also provides that any nonprofit consortium contracting with a county is deemed the employer of in-home supportive services personnel for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law, as part of the CCI, establishes the California In-Home Supportive Services Authority, referred to as the Statewide Authority, and requires the authority to be the entity authorized to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for any individual provider who is employed by a recipient of supportive services, as specified. Existing law establishes the In-Home Supportive Services Fund within the State Treasury. Existing law requires that moneys in the fund be made available, upon appropriation by the Legislature, to the Statewide Authority for the purposes of funding its functions. Existing law establishes, as part of the CCI, the In-Home Supportive Services Employer-Employee Relations Act, which serves to resolve disputes regarding wages, benefits, and other terms and conditions of employment between the Statewide Authority and recognized employee organizations providing in-home supportive services. Under the act, the Statewide Authority is deemed to be the employer of record, for purposes of collective bargaining, of individual providers of in-home supportive services in each county, as specified. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the provisions establishing the Statewide Authority, the provisions establishing the In-Home Supportive Services Fund, and the IHSS Employer-Employee Relations Act. (3) Existing law requires the state and counties to share the annual cost of providing in-home supportive services, with the state paying to the county 65% of the nonfederal cost and each county paying 35% of the nonfederal cost. Notwithstanding that provision, existing law requires all counties to have a County IHSS Maintenance of Effort (MOE) and requires counties to pay the County IHSS MOE instead of paying the nonfederal share of IHSS costs, as specified. Existing law provides that the County IHSS MOE base year is the 2011–12 state fiscal year and requires the County IHSS MOE from the previous year to be annually adjusted by an inflation factor of 3.5%. Existing law conditions the IHSS MOE requirement on the above-described determination by the Director of Finance. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the IHSS MOE requirement. The bill would make conforming changes in related provisions. This bill would appropriate $650,000,000 from the General Fund to the department for the purpose of continuing to make IHSS available to Medi-Cal beneficiaries pursuant to these provisions.
Sponsored bills
Under existing law, the Emergency Medical Air Transportation Act, a penalty of $4 is imposed upon every conviction for a violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. Existing law requires the county or the court that imposed the fine to transfer the moneys collected pursuant to this act to the Emergency Medical Air Transportation Act Fund. Under existing law, the assessment of these penalties will terminate on January 1, 2018, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2019, will transfer to the General Fund. Existing law repeals the Emergency Medical Air Transportation Act on January 1, 2020. This bill would extend the dates of the Emergency Medical Air Transportation Act, so that the assessment of the penalties will terminate commencing January 1, 2028, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2029, will transfer to the General Fund. The bill would extend the operation of the Emergency Medical Air Transportation Act until January 1, 2030.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. This bill, for taxable years beginning on or after January 1, 2018, and before January 1, 2022, would allow as a credit against those taxes an amount equal to 40% of costs paid or incurred by a qualified taxpayer to maintain winter-flooded rice. The bill would require the qualified taxpayer to submit, among other things, evidence of costs paid or incurred to the Department of Food and Agriculture for certification and for the Department of Food and Agriculture to provide a copy of each credit certificate to the taxpayer and, upon request, to the Franchise Tax Board. The bill would also include the additional information required for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.
(1) Existing law defines the term "wild pig" for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owner's employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime. This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of "wild pig" to include feral pigs, European wild boars. and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag described below. The bill would make this definition applicable to the entire Fish and Game Code. This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag. This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. This bill would make other technical and conforming changes to these provisions. These provisions would become operative on July 1, 2019. Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program. (2) Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime. This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has two or more of the above-described phenotypical characteristics of a wild pig to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (3) 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 Public Utilities Commission and vests the commission with regulatory jurisdiction and authority over public utilities, including electrical corporations. Existing law places various responsibilities upon the commission to ensure that public utility services are provided in a manner that protects the public safety and the safety of utility employees. This bill would appropriate moneys resulting from 2 specified citations, issued by the Public Utilities Commission to the Pacific Gas and Electric Company for violations relating to the 2015 Butte Fire, to the Department of Forestry and Fire Protection to be expended for the department's program known as the State Responsibility Area Fire Prevention Fund and Tree Mortality Grant Program. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would proclaim the period of October 23, 2017, to October 31, 2017, inclusive, as Red Ribbon Week and would encourage all Californians to help build drug-free communities and to participate in drug prevention activities.
(1) The Horse Racing Law permits the California Horse Racing Board to authorize an association licensed to conduct a racing meeting to also operate a satellite wagering facility at its racetrack inclosure, under specified conditions that differ between the northern zone and the central and southern zones, and provides specific guidelines for the operation and location of these facilities. That law also authorizes fairs to contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of 2 or more racing associations that are licensed to conduct thoroughbred meetings within the northern zone. This bill would instead authorize a fair to contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of 2 or more racing associations or fairs that are licensed to conduct thoroughbred meetings or simulcast wagering within the northern zone. (2) The Horse Racing Law requires, except as specified, for a fair conducting a live racing meeting, that 1% of the total amount handled on live races, excluding wagering at a satellite facility, be retained by the fair association for payment to the state as a license fee. That law also requires any fair racing association to additionally deduct 1% from the total amount handled in its daily conventional and exotic parimutuel pools and requires that this additional amount be deposited in the Fair and Exposition Fund and, with the approval of the Department of Food and Agriculture, authorizes the expenditure of these funds for the construction or operation of recreational and cultural facilities of general public interest. This bill would provide that the additional 1% deducted from the total amount handled by any fair racing association in its daily conventional and exotic parimutuel pools may be retained by a fair conducting a live racing meeting at a fair in the northern zone or a joint powers authority designated by a fair racing association in the northern zone involved in conducting live racing meetings at fairs in the northern zone for the purposes of improving a fair enclosure, racetrack maintenance, safety at fairs, or other similar activities if 2 specified conditions are satisfied. The bill would provide that these provisions apply retroactively to January 1, 2016. By appropriating an amount of money deposited in the Fair and Exposition Fund, which is a continuously appropriated fund, for new purposes, the bill would make an appropriation.
The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs, including state-designated fairs, for among other things, fair projects involving public health and safety, and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general operational support. This bill would, beginning July 1, 2018, require a return filed with the California Department of Tax and Fee Administration (CDTFA) to report gross receipts for sales and use tax purposes to segregate the gross receipts of the seller and the sales price of the property on a line or a separate form as prescribed by the CDTFA when the place of sale in this state or for use in this state is on or within the real property of a state-designated fair, as defined, or any real property of a state-designated fair that is leased to another party. The bill would require the CDTFA to report the amount of the total gross receipts segregated on the returns filed pursuant to these provisions to the Department of Finance on or before November 1 of each year. The bill would require the CDTFA to estimate the total gross receipts segregated for the 2019–20 fiscal year by January 31, 2019, based on the 3rd quarter of 2018, and would require that an amount equal to 34 of 1% of this estimated amount be included in the Governor's revised budget in May 2019 for allocation to fairs pursuant to the provisions described above. The bill would require the CDTFA to reconcile this first-year estimate with actual return data from the full 2018–19 fiscal year, and to then adjust this figure as appropriate as the amount to be reported to the Department of Finance on November 1, 2019. The bill would require that an amount equal to 34 of 1% of the total amount of gross receipts reported to the Department of Finance be included in the next annual Governor's Budget for the Department of Food and Agriculture for allocation to fairs pursuant to the provisions described above. The bill would require, upon the enactment of the annual Budget Act, that this amount be transferred by the Controller to the Fair and Exposition Fund, which is continuously appropriated, and would allocate these moneys to state-designated fairs for specified fair projects and subject to certain conditions. The bill would require the CDTFA to be paid the actual cost for administering those provisions, as specified. By creating a new source of revenue to be deposited into a continuously appropriated fund, the bill would make an appropriation.
(1) The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general support. This bill would revise these provisions to include revenue deposited into the Fair and Exposition Fund pursuant to a specified provision and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to the Horse Racing Law or any other law that is to be appropriated without regard to fiscal years for allocation by the secretary for those capital outlay purposes. (2) Existing law provides that all funds appropriated for California fairs and expositions pursuant to specified provisions of law shall not be utilized for the purposes specified in those provisions but shall instead be utilized for the construction or operation of recreational and cultural facilities of general public interest and may be allocated by the Secretary of Food and Agriculture to all state-designated fairs for those purposes. This bill would delete these provisions and instead require that all funds appropriated or designated for California fairs and expositions pursuant to specified law or any other law be deposited into the Fair and Exposition Fund and be continuously appropriated as provided in specified provisions of the Horse Racing Law. (3) By increasing the amounts to be deposited into the Fair and Exposition Fund, which is continuously appropriated, and by appropriating these amounts for new purposes, the bill would make an appropriation.
Existing law establishes 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 establishes a quality assurance fee program for skilled nursing and intermediate care facilities, as prescribed. This bill, commencing July 1, 2018, and subject to federal approval and the availability of federal financial participation, would impose a quality assurance fee for each emergency medical transport provided by an emergency medical transport provider, as defined, subject to the quality assurance fee in accordance with a prescribed methodology. The bill would authorize the Director of Health Care Services to exempt categories of emergency medical transport providers from the quality assurance fee if necessary to obtain federal approval. The bill would require the Director of Health Care Services to deposit the collected quality assurance fee into the Medi-Cal Emergency Medical Transport Fund, which the bill would create in the State Treasury, to be continuously appropriated, thereby making an appropriation, to the department to be used exclusively in a specified order of priority to enhance federal financial participation for ambulance services under the Medi-Cal program, and to provide additional reimbursement to, and to support quality improvement efforts of, emergency medical transport providers, to pay for state administrative costs, and to provide funding for health care coverage for Californians. The bill would require each emergency medical transport provider to report to the department data on the number of actual emergency medical transports by payer type and on gross receipts, as defined, in accordance with a specified timeline in a manner and form prescribed by the department. The bill would authorize the department to establish an Internet Web site for the submission of these data reports. The bill would authorize the department to require a certification by each emergency medical transport provider, under penalty of perjury, of the truth of these data reports. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would authorize the department, upon written notice to the emergency medical transport provider, to impose a $100 per day penalty, to be deposited into the Medi-Cal Emergency Medical Transport Fund, against the provider for each day that the provider fails to make a report within 5 business days of the date upon which the data report was due. The bill, commencing July 1, 2018, and subject to federal approval and the availability of federal financial participation, would increase the Medi-Cal reimbursement to emergency medical transport providers for emergency medical transports, including both fee-for-service transports paid by the department and managed care transports paid by Medi-Cal managed care health plans, as specified. The bill would authorize the department to implement, interpret, or make specific these provisions by means of provider bulletins, plan letters, or other similar instructions. The bill would authorize the director to decide to not implement these provisions in any state fiscal year if, before June 1 preceding the start of an applicable state fiscal year, he or she finds that the implementation is likely no longer a benefit to the General Fund for the applicable state fiscal year. The bill would provide that the provisions of the bill shall cease to be operative on the first day of the state fiscal year beginning on or after the date one or more of certain conditions, including withdrawal of federal approval, are satisfied. The bill would authorize the department to conduct appropriate close-out activities if these provisions become inoperative, and would repeal these provisions when those activities have been completed and the director notifies specified state entities. 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 declare that it is to take effect immediately as an urgency statute.