Senate Constitutional Amendment No. 13 of the 2007–08 Regular Session, as amended by Senate Constitutional Amendment No. 30 of the 2007–08 Regular Session, would, if approved by the voters, make certain changes relating to state finance. This measure would withdraw Senate Constitutional Amendment No. 30 from the consideration of the voters. Senate Constitutional Amendment No. 13 of the 2007–08 Regular Session, if approved by the voters, would rename the Budget Stabilization Account the Budget Stabilization Fund and would provide that all moneys in the fund not designated for deposit into the Deficit Recovery Bond Retirement Sinking Fund Subaccount may be transferred to the General Fund by a statute that contains no unrelated provisions or may be loaned to the General Fund to address a General Fund cashflow deficit. That measure would further require the Director of Finance, on or before May 29 of each year, to report to the Legislature and the Governor an estimate of the amount of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year and the impact of tax legislation adopted during the current fiscal year subsequent to the enactment of the Budget Bill. In addition, that measure would provide that if, pursuant to a formula based on those estimates, there are unanticipated revenues in the current fiscal year, those revenues may be used only for specified purposes, and in a specified order of priority. This measure would amend those provisions to also create the Supplemental Budget Stabilization Account, and to establish the Supplemental Education Payment Account if a constitutional provision is added to provide for supplemental education payments, as specified. The measure would also provide that, apart from a transfer made for the purpose of responding to an emergency declared by the Governor, as defined, or a loan to meet General Fund cash requirements which would be repaid within a fiscal year, the total amount that may be transferred from the Budget Stabilization Fund to the General Fund for any fiscal year shall not exceed the amount derived by subtracting the General Fund revenues, transfers, and balances available from the prior fiscal year for that fiscal year from the expenditure forecast amount for the current fiscal year, determined as total General Fund expenditures for the immediately preceding fiscal year adjusted for changes in population and the cost of living. In addition, this measure would direct the Controller to transfer, on October 1 of each year beginning in 2011, from the Budget Stabilization Fund to the Supplemental Education Payment Account, if established, a sum equal to 1.5% of the estimated General Fund revenues for the current fiscal year until a specified total amount is met. After that amount is met, or if the Supplemental Education Payment Account is not established, the Controller would instead be required to transfer that sum on October 1 of each year to the Supplemental Budget Stabilization Account, from which appropriations could be made only for capital outlay purposes or to retire bonded indebtedness of the state. This measure would further provide that, commencing with the 2010–11 fiscal year, unanticipated revenues shall be determined pursuant to a formula either based on estimates of General Fund revenues for the current fiscal year and the revenue forecast amount for the current fiscal year, as defined, or based on estimates of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year and the expenditure forecast amount for the current fiscal year. The measure would also modify the education funding purposes for which unanticipated revenues could be expended.
Sponsored bills
(1) Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill would exempt a gasoline dispensing facility that does not meet these requirements from penalties for failing to undergo an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act. CEQA provides for various exemptions from its requirements. Existing law requires cities and counties to prepare, adopt, and amend general plans containing specified elements. This bill would exempt from CEQA any activity or approval, necessary or incidental to, the development, planning, design, site acquisition, subdivision, financing, leasing, construction, operation, or maintenance of a stadium complex and associated development included in the same project or approval together with any accessory roadway, utility, or other infrastructure improvement to that stadium complex and associated development, for which an application for the project or approval was submitted on or before January 31, 2009, to the City of Industry, if specified requirements are met. The bill would require the city to require the stadium complex and associated development to comply with those mitigation measures that are contained in a mitigation monitoring and reporting program that is adopted by the City of Industry in connection with the stadium complex and associated development. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program. The bill also would exempt from any legal requirement concerning the content of a general plan or consistency with a general plan, and prohibit those requirements from resulting in the invalidation of, the city's approval of, and decisions regarding, specified actions taken with respect to the stadium complex and associated development included in the same project or approval and any accessory improvements to that stadium complex and associated development. The bill additionally would provide that a consistency determination is not required by the city for any decision with respect to those actions. (2) The bill would have retroactive application. (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. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
Existing law establishes a comprehensive statewide domestic violence program in the California Emergency Management Agency (Cal EMA) and requires the agency to provide financial and technical assistance to local domestic violence centers. Existing law requires the Maternal and Child Health Branch of the State Department of Public Health to administer a comprehensive shelter-based services grant program to battered women's shelters, as prescribed. This bill would, among other things, require Cal EMA to administer the above-described grant program. This bill would require the Department of Finance, upon the enactment of this bill, to transfer $16,300,000 from the Alternative and Renewable Fuel and Vehicle Technology Fund to the General Fund as a loan. The bill would require the full amount of the loan to be repaid, with interest at the rate earned by the Pooled Money Investment Account at the time of the transfer, on or before June 30, 2013. The bill would appropriate $16,300,000 from the General Fund to Cal EMA for the purpose of funding the above-described comprehensive shelter-based services grant program to shelters for victims of domestic violence. This bill would require grantees funded under the above-described grant program, during the 2008–09 fiscal year, to be funded by Cal EMA for a period of one fiscal year, retroactively, commencing July 1, 2009. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensure of health facilities, including general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined, by the State Department of Public Health. Violation of these provisions is a misdemeanor. Existing law requires that, upon the issuance or renewal of a general acute care, acute psychiatric, or special hospital license, the department separately identify on the license each supplemental service, including the address of where each outpatient service is provided and the type of services provided at each outpatient location. Existing law authorizes licensed general acute care hospitals and acute psychiatric hospitals to provide in any alternative setting health care services and programs that may be provided by any other provider of health care outside of a hospital building or which are not otherwise specifically prohibited by provisions of existing law regulating these facilities. It also requires the state department and the Office of Statewide Health Planning and Development to adopt and enforce standards which permit these health facilities to use its space for alternative purposes. This bill would, among other things, require the department to approve a completed application by a licensed general acute care hospital that meets specified requirements to add or modify an outpatient clinic service as a supplemental service, add the outpatient service to the hospital license, and issue a new license, within 100 days of receipt of the completed application, unless the applicant does not meet specified requirements. The bill would limit the outpatient clinic service that is the subject of the application to providing only nonemergency primary health care services in a clinical environment to patients who remain in the outpatient clinic for less than 24 hours. The bill would define "outpatient clinic services" for purposes of the bill. By creating a new crime, 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.
(1) Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including foster family homes and foster family agencies, by the State Department of Social Services. Violation of these provisions is a misdemeanor. Existing law requires a criminal record check of applicants for a license, special permit, or certificate of approval for a foster family home or certified family home, and other persons, including nonclients who reside in those homes and staff and employees. Existing law requires that an application be denied, unless the Director of Social Services grants an exemption, if it is found that the applicant or any of the other designated persons has been convicted of prescribed crimes. This bill would prohibit the State Department of Social Services or other approving authority from issuing a license or certificate of approval to any foster family home or certified family home applicant who has not obtained both a California and Federal Bureau of Investigation criminal record clearance or an exemption from disqualification, as prescribed. This bill would, to the same extent required for federal funding, effective October 1, 2008, prohibit the director from granting an exemption where a foster care provider applicant or any of the other designated persons have been convicted of certain felonies at any time and other felonies in the previous 5 years. This bill would prohibit exemptions under these circumstances for foster care providers, as specified, in those homes where the individual has been convicted of murder or voluntary manslaughter. (2) Existing law sets forth circumstances under which a minor may be adjudged a dependent child of the juvenile court, and establishes procedures to determine the temporary placement of a dependent child. Existing law requires a county social worker to visit the home of a relative or prospective guardian who is not a licensed or certified foster parent, prior to placing the child in that home, to ascertain the appropriateness of the placement. Existing law also requires the court or county social worker to initiate a state and federal criminal records check through the California Law Enforcement Telecommunications System as part of their assessment. Existing law provides that these provisions shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. This bill would prohibit placement of the child in the home of a person if the criminal records check indicates the person has been convicted of a crime that the Director of Social Services cannot grant an exemption for with respect to foster family home and certified family home applicants. This bill would also prohibit placement of a child in the home of a person who has been convicted of a crime that the Director of Social Services may grant an exemption for unless a criminal records exemption has been granted by the county, based on substantial and convincing evidence, to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child. This bill would repeal the provisions relating to the sunset and repeal of these existing law provisions. To the extent this bill would impose additional duties on county welfare departments, this bill would create 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, 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.
(1) Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation. Existing law authorizes the governing board of a school district to adopt rules specifying additional coursework requirements. This bill would require a school district to exempt a pupil in foster care from all coursework and other requirements adopted by the governing board of the district that are in addition to the statewide coursework requirements if the pupil, while he or she is in grade 11 or 12, transfers to the district from another school district or between high schools within the district, unless the district makes a finding that the pupil is reasonably able to complete the additional requirements in time to graduate from high school while he or she remains eligible for foster care benefits pursuant to state law. The bill would require a school district to notify a pupil in foster care who is granted an exemption, and, as appropriate, the person holding the right to make educational decisions for the pupil, if any of the requirements that are waived will affect the pupil's ability to gain admission to a postsecondary educational institution, and to provide information about transfer opportunities available through the California Community Colleges. By requiring school districts to perform additional duties in complying with the exemption requirement, 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, 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 authorizes a school district of choice, as defined, to give priority for attendance to children of military personnel, if the school district elected to accept transfer pupils by a resolution adopted by the governing board of the school district prior to April 1, 2005. This bill would ratify the Interstate Compact on Educational Opportunity for Military Children to, among other things, facilitate the enrollment, placement, advancement, and transfer of the academic records of the children of military families for the purpose of removing barriers to their educational success due to the frequent moves and deployment of their parents. The compact would establish the Interstate Commission on Educational Opportunity for Military Children to provide for dispute resolution among member states, promulgate rules, and take other actions necessary for the administration of the compact. The compact would only become effective upon ratification by a minimum of 10 states. The bill would authorize the Superintendent of Public Instruction to accept nonstate funding, to be available upon appropriation, to offset the cost of the annual assessment required by the charter. The bill would require the Superintendent to reconvene a task force initially convened pursuant to a provision of existing law to review, and make recommendations regarding, the Interstate Compact on Educational Opportunity for Military Children. The bill would require this task force to be reconvened on or after July 1, 2012, and on or before September 1, 2012, and to issue a final report of findings and conclusions on prescribed topics to the appropriate policy and fiscal committees of both houses of the Legislature no later than December 1, 2012. By requiring local educational agencies to perform additional duties regarding the children of military families, 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, 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.
Under existing law, the State Department of Public Health licenses and regulates child day care centers and family day care homes. Existing law requires day care center directors and licensees of large family day care homes to ensure that at least one staff member who has a current course completion in pediatric first aid and pediatric CPR, as specified, is onsite when children are present and is present with the children when they are offsite for facility activities. Willful or repeated violation of these provisions is a misdemeanor. This bill would make the above provision applicable to all family day care homes. By enlarging the scope of an existing crime, 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.
(1) Existing law requires the State Department of Mental Health to establish, by regulations, no later than December 31, 1994, program standards for any facility licensed as a community treatment facility. Under existing law, until January 1, 2010, the department shall not require a community treatment facility that meets certain requirements to have 24-hour onsite licensed nursing staff. This bill would extend applicability of the above provisions relating to onsite licensed nursing staff to January 1, 2013. (2) Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of foster family agencies, as defined, by the State Department of Social Services, including applicable personnel requirements. Violation of these provisions is a misdemeanor. This bill would require a foster family agency that provides treatment of children in foster families to employ one full-time social work supervisor for every eight social workers, or fraction thereof, in the agency. The bill would require the implementation of this provision to cease on and after January 1, 2011, without the enactment of subsequent statutory authorization. By changing the definition of an existing crime, this bill would impose a state-mandated local program. (3) Existing law requires the juvenile court to conduct a hearing for the initial disposition of a dependent child of the court, and subsequent hearings to review the status of the child, as specified. Existing law specifies the circumstances under which the court may schedule a hearing to terminate parental rights or take other specified actions with respect to placement of a child who was under 3 years of age on the date of initial removal or is a member of a sibling group, as specified. This bill would require the court, in determining whether to schedule the hearing described above for a child under these circumstances, to take into account barriers to a parent's ability to remain in contact with his or her child due to the parent's incarceration or institutionalization. (4) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. Under existing law, AFDC-FC benefits are available, with specified exceptions, on behalf of qualified children under 18 years of age. Moneys from the General Fund are continuously appropriated to pay for the state's share of AFDC-FC costs. Under existing law, foster care providers licensed as group homes have rates established by classifying each group home program and applying a standardized schedule of rates. An adjusted schedule of rates is applicable to group home programs that receive AFDC-FC payments for services performed during the 2002–03 to 2009–10, inclusive, fiscal years. This bill would revise RCL point ranges for group home programs that receive AFDC-FC payments for services performed during the 2009–10 fiscal year, as specified. This bill would provide that no appropriation is made pursuant to the bill for the purpose of these provisions. Existing law reduces by 10% the standardized schedule of rates for foster family agencies, as defined, effective October 1, 2009. This bill would give the foster family flexibility in applying the rate reduction, but would prohibit more than 10% from being deducted from the child base and increment, as defined in departmental regulations. The bill, effective October 1, 2009, would apply similar rate reductions for foster family agency rates that are not determined by the schedule of rates set forth in the department's regulations. (5) Under existing law, the case plan is the foundation and central unifying tool in child welfare services. The components of the case plan include, when appropriate, a written description of the programs and services that will help a child, consistent with the child's best interests, prepare for the transition from foster care to independent living, for a child who is 16 years of age or older. Existing law requires, when a child is placed in foster care, that the child's case plan include a summary of the health and education information or records, including mental health information or records, of the child. This bill would require the State Department of Social Services, in consultation with pediatricians, health care experts, and experts in and recipients of child welfare services, to develop a plan for the ongoing oversight and coordination of health care services for a child in a foster care placement, consistent with specified federal law. (6) Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. The AAP provides for the payment by the department and counties, of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the resources of the family to meet those needs. Under existing law, at the time application for adoption of a child who is potentially eligible for AAP benefits is made, and at the time immediately prior to the finalization of the adoption decree, the department or the licensed adoption agency, whichever is appropriate, is required to provide the prospective adoptive family with designated information. This bill would additionally require the department or licensed adoption agency to provide information regarding the federal adoption tax credit for any individual who is adopting or considering adopting a child in foster care, in accordance with specified federal law. Existing law relating to adoption defines a special needs child as a child whose adoption without financial assistance would be unlikely because of specified characteristics or circumstances of the child. This bill would recast and revise the definition of a special needs child, and further would require the need for adoption subsidy to be evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, except under specified circumstances. The bill would make related changes to existing adoption assistance provisions. (7) Under existing law, the state, through the State Department of Social Services and county welfare departments, is required to establish and support a public system of statewide child welfare services. Existing law requires the case plan for a child 16 years of age or older to include a written description of the programs and services that will help the child prepare for the transition from foster care to independent living, as specified. This bill would require additional information pertaining to the child's transition to independent living to be provided in the 90-day period before the child attains 18 years of age, relating to, among other topics, housing, education, and employment services. By imposing additional duties upon each county, the bill would create a state-mandated local program. (8) (A) This bill would incorporate additional changes in Section 16119 of the Welfare and Institutions Code, proposed by AB 154, to be operative only if AB 154 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (B) This bill would incorporate additional changes in Section 16501.1 of the Welfare and Institutions Code, proposed by SB 118, to be operative only if SB 118 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (9) 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.