This measure would recognize February 2010 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.
(1) Existing provisions of the California Constitution and statute authorize the recall of state officers. Each section of a recall petition is required to be filed with the elections official of the county for which it was circulated. Existing law requires the elections official to report to the Secretary of State, 30 days after a recall has been initiated and every 30 days thereafter, the number of signatures submitted on the recall petition sections, the number of valid signatures, and related information. Upon the submission of a section of a recall petition, if fewer than 500 signatures are submitted to the elections official, the elections official is required to count the number of signatures and submit those results to the Secretary of State. If 500 or more signatures are submitted to the elections official, the elections official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is less, and report the results of that verification to the Secretary of State. This bill would provide that if 500 or more signatures are submitted to the elections official, the elections official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is greater. (2) Under existing law, if a vacancy occurs in office after a recall petition is filed against the vacating officer, the recall elections is required to proceed. The vacancy in that office is required to be filled as provided by law, but a person appointed to fill the vacancy holds office only until a successor is selected and qualifies for that office. This bill would provide that upon the occurrence of a vacancy, the elections official for each county in which a section of the recall petition has been filed is required to immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy. If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election would be required to proceed. If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election would not proceed and the vacancy in the office that is the subject of the recall election would be filled as otherwise provided by law. The bill would delete the requirement that a person appointed to fill the vacancy holds office only until a successor is selected and instead would prohibit a person who was subject to a recall petition from being appointed to fill the vacancy in the office that he or she vacated or to fill any other vacancy in office on the same governing board for the duration of the term of office of the vacated seat.
Existing law prescribes procedures for the issuance of registered warrants and provides that a registered warrant is acceptable and may be used as security for the performance of any public or private trust or obligation. This bill would, if the Controller makes a specified determination, require a state agency to accept, from a person or entity, a registered warrant issued by the Controller and endorsed by that payee, at full face value, for the payment of any obligations owed by that payee to that state agency. The bill would specify that its requirements do not apply to certain obligations and would require the Controller, on or before the September 1 following the conclusion of a fiscal year in which a state agency is required to accept registered warrants pursuant to these provisions, to submit a report to the Joint Legislative Budget Committee. The bill would make its provisions inoperative on July 1, 2012, and would repeal them on January 1, 2013. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. The federal Passenger Rail Investment and Improvement Act of 2008 (PRIIA) and the federal American Recovery and Reinvestment Act of 2009 (ARRA) provide funding for allocation nationally to high-speed rail projects. This bill would require federal high-speed rail funds received on a reimbursement basis from ARRA to be deposited in the federal trust fund. The bill would require certain ARRA funds to be used for planning and engineering, and for capital costs, for the high-speed train system consistent with federal law and regulations and specified provisions of SB 965 of the 2009–10 Regular Session. The bill would identify the corridors eligible for federal PRIIA funds. The above provisions would become operative only if SB 965 is also enacted and becomes operative. Existing law provides for appointment of an executive director by the authority, who is exempt from civil service and serves at the pleasure of the authority. Under existing law, the salary of the executive director is established by the authority and approved by the Department of Personnel Administration. This bill, for purposes of managing and administering the ongoing work of the authority in implementing the high-speed rail project, would authorize the Governor, upon recommendation of the executive director and subject to an appropriation, to appoint up to 6 additional executive staff exempt from civil service who would serve in specified positions at the pleasure of the executive director. The bill would require the authority to cause a salary survey to be conducted to determine the compensation for the executive director and additional exempt staff, and would require the salaries to be approved by the Department of Personnel Administration. The bill would state the intent of the Legislature to approve additional positions at the authority for purposes of creating an Office for Project Controls and Risk Management in the authority.
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. Existing law requires a child to be placed in one of 8 placement categories in order to be eligible for AFDC-FC payments, including the approved home of a relative or a nonrelative extended family member. In addition, existing law requires, except as specified, that the standards used to determine suitability of relative and nonrelative extended family member placements be the same standards set forth in the regulations for the licensing of foster family homes. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities by the State Department of Social Services, including specified inspection authority for specific categories of facilities, including licensed foster family homes. Existing law excludes relative and nonrelative extended family member placements from the act. However, existing law also requires, with specified exceptions, that the standards used to determine suitability of relative and nonrelative extended family member placements be the same standards set forth in the regulations for the licensing of foster family homes. The Community Care Facilities Act requires every licensed community care facility to be subject to unannounced visits by the department, as often as necessary to ensure the quality of care provided. This bill would require, subject to specified conditions, the approval of an approved home of a relative or nonrelative extended family member for which an annual visit to ensure the quality of care provided is pending, to remain in full force and effect, and would prohibit payment to the approved home of a relative or nonrelative extended family member from being delayed or terminated solely due to late completion of the annual visit. Existing law continuously appropriates moneys from the General Fund to pay for the state's share of AFDC-FC costs. This bill would declare that no appropriation would be made for purposes of the bill. By increasing duties of counties administering the AFDC-FC program, 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, 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 gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also authorizes the commission to relinquish certain state highway segments to local agencies. This bill would authorize the commission to relinquish to the City of San Jose specified portions of State Highway Routes 82 and 130, under certain conditions.
Existing law generally provides for the confidentiality of juvenile court records and records relating to the administration of public social services. However, records connected to public social services programs are generally permitted to be disclosed for purposes related to the administration of those programs and for other prescribed purposes. Under existing law, counties are authorized to establish multidisciplinary personnel teams trained in the prevention, identification, or treatment of child abuse and neglect cases, or the abuse of elder or dependent persons. Existing law provides, for purposes of the disclosure of information, that the activities of multidisciplinary teams engaged in the prevention, identification, and treatment of child abuse or the abuse of elder or dependent persons are activities performed in the administration of public social services. This bill would recast these provisions to provide that activities of multidisciplinary personnel teams engaged in the prevention, identification, management, or treatment of child abuse or neglect, or the prevention, identification, management, or treatment of the abuse of an elder or dependent person, are activities performed in the administration of public social services. Existing law provides that testimony about discussions relative to the disclosure or exchange of the information or writings during multidisciplinary personnel team meetings is not admissible in any criminal, civil, or juvenile court proceeding. Existing law also provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families. This bill would include in the definition of a multidisciplinary personnel team CalWORKs case managers, and social workers with experience or training in child abuse or neglect prevention, identification, management, or treatment. This bill would also include information relevant to the provision of child welfare services, as defined, as information that may be disclosed and exchanged by a multidisciplinary personnel team. Because the California Constitution provides that a statute excluding relevant evidence in a criminal proceeding requires a 23 vote for passage by the Legislature, this bill requires a 23 vote. Existing law permits a county to establish a computerized database system to allow provider agencies, as defined, to share specified information regarding families at risk for child abuse or neglect for the purpose of forming a multidisciplinary personnel team to prevent, identify, manage, or treat child abuse. This bill would require the database to include information about persons living in a child's home and a contact person instead of the employee assigned to the case from a provider agency. This bill would require a county that establishes this database system to install database system controls to monitor system use and to detect any violations of the system controls. This bill would in addition, with respect to the County of Los Angeles, authorize the database to include information about convictions of family members or persons living in the child's home for crimes that involved a child as a victim, as specified. Existing law requires the information obtained pursuant to the computerized database system to be kept confidential and to be used solely for the prevention, identification, management, or treatment of child abuse, child neglect, or both. This bill would permit the information to be used for the provision of child welfare services. This bill would also provide that any person knowingly and intentionally violating the above confidentiality requirements shall be subject to prescribed administrative and civil penalties. Existing law makes all information and records obtained in the course of providing intake assessment and services under statutes relating to services for persons with developmental disabilities and persons with mental illness confidential, and permits disclosure only under prescribed conditions, including, but not limited to, the courts as necessary to the administration of justice. This bill would recast some, but not all, related confidentiality provisions, to provide that the above information, if relevant to the provision of child welfare services, as defined, or the investigation, prevention, identification, management, or treatment of child abuse or neglect, may be disclosed to multidisciplinary personnel teams. This bill would also recast some, but not all, related confidentiality provisions to expressly prohibit this information from being used in a criminal or delinquency proceeding, but that evidence identical to the information contained within the records is admissible if obtained by other means as permitted by law. Existing law permits a psychotherapist, when the psychotherapist opines that a patient presents a serious danger of violence to a reasonably foreseeable victim or victims, to release mental health information or records to that person or persons, and to law enforcement agencies. This bill would recast some, but not all, related confidentiality provisions to permit a psychotherapist to release the information or records to county child welfare agencies. By imposing a higher level of service on local government this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would incorporate changes to Section 18961.5 of the Welfare and Institutions Code made by AB 2229, to become operative only if both this bill and AB 2229 are enacted and become effective on or before January 1, 2011, and this bill is enacted last. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or any person providing in-home educational or counseling services to a minor, and who is not required to be licensed as a child day care provider. Existing law, commencing January 1, 2011, provides that a person who provides care or supervision in an ancillary day care center, as defined, shall be registered as a trustline provider, and specifically defines a trustline provider as also meaning a person who provides child care or child care supervision in an ancillary day care center, other than the parent or guardian of the child receiving the care. This bill would, instead, require that, commencing January 1, 2011, a person 18 years of age or older who provides child care or child care supervision in an ancillary day care center, be registered as a trustline provider. It would specifically provide that nothing in the trustline provider provisions shall be construed to prevent a person under 18 years of age from being employed in an ancillary day care center. This bill would specify that a person is ineligible for employment in a position providing child care or child care supervision in an ancillary day care center if that person is denied trustline registration or has his or her trustline registration revoked, as prescribed. This bill would also permit an employee or prospective employee in an ancillary day care center to work in a position providing child care or child care supervision pending the department's review of his or her trustline application and any related appeal. Existing law authorizes the department to charge a fee to trustline applicants, as specified. Existing law requires the department to charge a fee to each trustline applicant who provides care in an ancillary day care center equal to the total amount required by the department to process applications and maintain the trustline registry for these providers. The bill would provide that the fee charged by the department shall be equal to and shall not exceed the total amount required by the department to process applications and maintain the trustline registry. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law recognizes various holidays, including November 11, known as Veterans Day. Existing law requires that public offices of the state and state institutions, except for the University of California, be closed on Veterans Day. This bill would require that public offices of the state and state institutions, including, but not limited to, all state agencies and the Legislature, be closed on November 11 for Veterans Day, except as specified. The bill would also state the Legislature's intent that the University of California also be closed on November 11, Veterans Day.
Existing law provides for the federal Supplemental Nutritional Assistance Program (SNAP) , formerly the Food Stamp Program, under which food stamps are allocated to the state by the federal government and are distributed to eligible households by each county. Existing law provides for the intercounty transfer (ICT) of benefits for recipients of CalWORKs, In-Home Supportive Services (IHSS) , or Medi-Cal benefits that move from one county to another within the state, as prescribed. This bill would require the State Department of Social Services to establish a process of intercounty transfer of eligibility for benefits under SNAP when a recipient moves from one county to another within the state. This bill would specify, commencing no later than April 1, 2011, that for recipients of SNAP benefits who are also recipients of CalWORKs benefits, the ICT process utilized for CalWORKs shall be used. This bill would further specify, commencing no later than April 1, 2011, that for recipients of SNAP benefits who are also recipients of Medi-Cal benefits, but not recipients of CalWORKs, the ICT process utilized for Medi-Cal shall be used. This bill would require, commencing no later than July 1, 2011, that for recipients of SNAP benefits who are neither recipients of CalWORKs nor Medi-Cal benefits, an intercounty transfer process be developed, as specified. This bill would specify that upon implementation of the intercounty transfer procedures set forth in the bill, it is the responsibility of the recipient changing residence from one county to another within the state to notify the county currently paying food stamp benefits of the move. This bill would require the recipient's prior county of residence to notify the new county of residence of the recipient's move as soon as the recipient's location in the new county is known. It would require the new county of residence to be responsible for determining the recipient's continued eligibility for benefits under SNAP, but that, to the extent permitted by federal law, the new county of residence would not be required to interview persons in the food stamp household to determine continued eligibility, until the next scheduled recertification or other regularly scheduled interview. This bill would require the department to adopt regulations to implement the bill no later than July 1, 2012, as specified. To the extent that this would increase the duties of county officials who administer public aid programs, including the Medi-Cal program, CalWORKs, and the federal SNAP program, 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.
