Existing law provides for 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. Under existing law, the State Department of Social Services is vested with state administrative authority over the IHSS program. Existing law permits services to be provided under the IHSS program either 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. Existing law, upon request of a recipient of in-home supportive services, or a recipient of personal care services under the Medi-Cal program, authorizes the procurement of a criminal background check on certain provider applicants, pursuant to specified provisions. Existing legislation that will become effective on October 23, 2009, requires counties, public authorities, and nonprofit consortiums to complete criminal background checks of specified persons who seek to become supportive services providers. That legislation requires that the criminal background checks be conducted at the provider's expense. This bill would, instead, require that the criminal background checks be conducted at the provider's expense, unless the nonprofit consortium or public authority agrees to pay for the criminal background check in which case the department shall seek federal financial participation, to the extent possible, to cover costs associated with conducting the criminal background check. This bill would also incorporate changes to Section 12301.6 of the Welfare and Institutions Code proposed by AB 19 of the 2009–10 4th Extraordinary Session, to take effect if this bill and that bill are enacted and become effective on or before January 1, 2010, and this bill is enacted last.
Sponsored bills
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions.
Existing law requires the Employment Development Department to implement and administer California's unemployment insurance compensation program, and to oversee various job, information and training programs in the state. The federal Workforce Investment Act of 1998 makes funding available to states that offer training and workforce development services through the state and local workforce investment boards. The California Workforce Investment Board, which is the entity responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system, is required to recommend strategies to the Governor for strategic training investments of certain discretionary funding made available under the federal Workforce Investment Act of 1998. This bill would require the department, upon appropriation by the Legislature, to allocate $5,000,000 of the Workforce Investment Act state reserve, as provided for by federal law, to school districts, county offices of education, or charter schools, on a competitive basis, to provide intensive examination preparation courses for the purpose of retraining laid off and out-of-field teachers to meet subject matter competency requirements, in accordance with specified procedures.
This measure would extend, on behalf of the people of the state, an invitation to the people of the Prefecture of Athens, Greece, to join in a sister state relationship.
Existing law authorizes use of the federally designated Emergency Alert System to inform the public of local, state, and national emergencies. This bill would require, on or before January 1, 2011, the Department of the California Highway Patrol, in consultation with the Department of Justice, the California Emergency Management Agency, the California State Emergency Communications Committee, the California Broadcasters Association, the California Peace Officers' Association, the California Police Chiefs Association, and the California State Sheriffs' Association, to develop policies and procedures providing instruction to law enforcement agencies, other intermediate emergency agencies, participating radio and television broadcasters, and other media outlets on the implementation of a missing senior person alert. The bill would require the Department of the California Highway Patrol to incorporate appropriate alert measures in developing these policies and procedures. The bill would also require a law enforcement agency, if that agency receives a report of a missing senior person, and if the agency determines that the senior person has an impaired mental condition and that there is information available that, if disseminated locally to the general public, could assist in the safe recovery of the senior person, to immediately implement, absent extenuating investigative needs, the policies and procedures developed by the Department of the California Highway Patrol for the implementation of a missing senior person alert to the maximum extent feasible. The bill would require the law enforcement agency, if the department has not yet developed those policies and procedures, to immediately undertake specified or other appropriate alert measures to locally disseminate the information that could assist in the safe recovery of the missing senior person. By imposing additional duties on local law enforcement agencies, the bill would create a state-mandated local program. The bill would authorize a law enforcement agency, if the agency determines that the senior person may be in a vehicle or has been missing for over 24 hours, to request that the Department of the California Highway Patrol activate the Emergency Alert System within the appropriate local or regional area to disseminate the information that could assist in the safe recovery of the senior person. The bill would also authorize the department to activate the Emergency Alert System if it determines that activation is appropriate based on the available information about the missing senior person. The bill would require the law enforcement agency that initiates the missing senior person alert to inform the general public within the appropriate local or regional area of the termination of the missing senior person alert upon the location of the missing senior person. By imposing an additional duty on local law enforcement agencies, the bill would create a state-mandated local program. The bill would provide that the above provisions become operative upon the state's receipt of federal funding for the purpose of implementing a missing senior person alert system, as certified to by the Department of the Highway Patrol. 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 permits the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water, milk, and, in middle and junior high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. This bill, commencing July 1, 2011, would recast those provisions and would restrict the sale of electrolyte replacement beverages in middle schools and high schools to specified times before and after school.
Existing law establishes the partnership academies program as a school-business partnership program to provide occupational training to educationally disadvantaged high school pupils. Under existing law, the Superintendent of Public Instruction is required to award grants to school districts maintaining high schools to plan, establish, and maintain these partnership academies. Existing law requires the surcharge imposed on the consumption of electricity in the state to be transferred to the Energy Resources Programs Account in the General Fund, which is available, upon appropriation by the Legislature, for ongoing energy programs and projects. This bill would require the Controller annually to allocate $8,000,000 from the Energy Resources Program Account, upon appropriation by the Legislature, to the Superintendent of Public Instruction for expenditure in the form of local grants to be allocated pursuant to the existing provisions for creating and maintaining partnership academies. The bill would require a grantee to implement or maintain a partnership academy that focuses on employment in clean technology businesses and renewable energy businesses and provides skilled workforces for the products and services for energy or water conservation, or both, renewable energy, pollution reduction, or other technologies. The bill would require the State Energy Resources Conservation and Development Commission, in consultation with the State Department of Education, to develop guidelines, that would be exempted from the Administrative Procedure Act, to ensure that programs receiving grants reflect current state energy policies and priorities as well as provide skills and education linked to the needs of relevant industries. The bill would authorize a school district to apply for planning grants for implementing a partnership academy and would allow the Superintendent to expend up to 5% of the funds transferred to the Superintendent to pay the costs incurred in the administration of this program. The bill would require the State Department of Education in consultation with the State Energy Resources Conservation and Development Commission to provide a report to the Legislature that includes a description of the curriculum and substance of the programs funded by grants awarded pursuant to these provisions, and specified data. The bill would provide that the bill's provisions would become inoperative on June 30, 2016, and, as of January 1, 2017, would repeal these provisions.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Under existing law, the department is authorized to contract for the provision of Medi-Cal services through certain managed care options, including the geographic managed care model. Under existing law, Sacramento County provides, in part, Medi-Cal services through a geographic managed care health plan. This bill would permit the Sacramento County Department of Health and Human Services to establish a stakeholder advisory committee to provide input to the department on the delivery of health care services provided in the county, as specified. This bill would, except under specified circumstances, permit the advisory committee to request in writing and receive final reports submitted to the department by any managed care health plan operating in Sacramento County. Existing law provides that clinics and hospital outpatient departments, except for emergency rooms, that are owned and operated by Los Angeles County and participated in a specified Medicaid demonstration project for Los Angeles County, shall be reimbursed under a cost-based methodology, as specified, on and after July 1, 2005. This bill would provide that, to the extent permitted by federal law and that federal financial participation is available, if the department implements a Medi-Cal managed care expansion program that includes beneficiaries who are seniors or persons with disabilities, payments received by the clinics and outpatient departments described above shall be equivalent to what otherwise would have been received on a fee-for-service basis. Existing federal 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. This bill would, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, require the department to establish pilot projects in up to 4 counties, as specified, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would require the department to, not sooner than March 1, 2011, identify health care models that may be included in a pilot project, to develop a timeline and process for selecting, financing, monitoring, and evaluating the pilot projects, and to provide this timeline and process to certain committees of the Legislature. Existing law establishes the Medi-Cal Hospital/Uninsured Care Demonstration Project Act, which revises hospital supplemental payment methodologies under the Medi-Cal program in order to maximize the use of federal funds consistent with federal Medicaid law and to stabilize the distribution of funding for hospitals that provide care to Medi-Cal beneficiaries and uninsured patients. This demonstration project provides for funding, in supplementation of Medi-Cal reimbursement, to various hospitals, including designated public hospitals, nondesignated public hospitals, and private hospitals, as defined, in accordance with certain provisions relating to disproportionate share hospitals. This bill would provide that, in the event of a partial-year extension of the demonstration project, the director shall have discretion to determine allocations for the extension period, as specified. Existing law, subject to federal approval, requires the department to make supplemental payments for certain services, as specified, to private hospitals, nondesignated public hospitals, and designated public hospitals, as defined, for subject federal fiscal years, as defined. This bill would, instead, require that the department make the supplemental payments described above for subject fiscal years, as defined. This bill would make various changes to the formulas used to determine the amount of the supplemental payments to the hospitals. Existing law provides that no payments shall be made to a converted, private or nondesignated hospital, for the subject federal fiscal year in which the hospital becomes a converted hospital or for subsequent federal fiscal years. This bill would, instead, provide that no payments shall be made to a converted hospital, as described above, for the portion of the subject fiscal year that begins October 1 and ends June 30, for the subject fiscal year that includes the first day of the subject federal fiscal year in which the hospital becomes a converted hospital, and for all subsequent subject fiscal years. Existing law requires the director to seek federal approval to allow payments to specified converted, nondesignated public hospitals for the period beginning July 1, 2010, and ending December 31, 2010. This bill would, instead, require the director to seek federal approval to allow these payments for the period beginning July 1, 2010, and ending June 30, 2011. Existing law requires that designated public hospitals be paid direct grants in support of health care expenditures, as specified. Under existing law, the aggregate amount of these grants for each subject federal fiscal year shall be $295,000,000. This bill would, instead, provide that the aggregate amount of the grants shall be $73,750,000 for each subject fiscal quarter, as defined. Existing law requires the department to increase capitation payments to Medi-Cal managed health care plans and to increase payments to mental health plans, for specified subject federal fiscal years. Under existing law, the aggregate amount of increased capitation payments for a federal fiscal year shall be $729,829,205 multiplied by the percentage of the subject federal fiscal year for which federal approval is obtained, as specified. This bill would, instead, provide that the increased capitation payments to Medi-Cal managed health care plans shall be made for subject fiscal years, as defined, and that the aggregate amount for all subject fiscal years shall be $1,277,201,209, or the maximum amount for which federal financial participation is available, whichever is lower. This bill would also provide that the aggregate amount of the increased payments to mental health plans for a subject fiscal quarter shall be the total of the individual hospital acute psychiatric supplemental payment amounts for all hospitals for which federal financial participation is available. Existing law, subject to federal approval, also imposes, as a condition of participation in state-funded health insurance programs other than the Medi-Cal program, a quality assurance fee, as specified, on certain general acute care hospitals through and including December 31, 2010. Existing law creates the Hospital Quality Assurance Revenue Fund in the State Treasury and requires that the money collected from the quality assurance fee be deposited into the fund. Existing law provides that the moneys in the fund shall, upon appropriation by the Legislature, be available only for certain purposes, in a specified order of priority. This bill would delete the provision that specifies that the fee shall be imposed only as a condition of participation in state-funded health insurance programs. This bill would also modify the order of priority of the purposes for which the money in the Hospital Quality Assurance Revenue Fund shall be appropriated. Existing law requires the department to seek a demonstration project or federal waiver of Medicaid law to implement specified objectives, which may include better care coordination for seniors and persons with disabilities and children with special health care needs. This bill would, in this regard, provide that to the extent the provisions under the Medi-Cal Hospital/Uninsured Care Demonstration Project Act do not conflict with the provisions of, or the terms and conditions of, the above-described demonstration project, the provisions of the Medi-Cal Hospital/Uninsured Care Demonstration Project Act shall apply. This bill would, in furtherance of the waiver or demonstration project and to the extent that federal financial participation is available, permit the department to require seniors and persons with disabilities who do not have other health coverage to be assigned as mandatory enrollees into new and existing managed care health plans, as specified. This bill would provide that enrollment of seniors and persons with disabilities shall be accomplished using a phased-in process and shall not commence until necessary federal approvals have been acquired, or until June 1, 2011, whichever is later. The bill would impose various requirements upon managed care health plans participating in the demonstration project. This bill would, beginning January 1, 2012, require managed care health plans to comply with quality submission standards developed by the department as prescribed. This bill would provide that, in implementing the provision described above that would require seniors and persons with disabilities who do not have other health coverage to be assigned as mandatory enrollees into new or existing managed care health plans, a public entity, as defined, may, if specified requirements are met, elect to, on a voluntary basis, participate in intergovernmental transfers to be used solely as the nonfederal share of Medi-Cal payments to managed care health plans for the provision of services to Medi-Cal beneficiaries. This bill would require, to the extent authorized under a federal waiver or demonstration project described above, the department to develop a program of investment, improvement, and incentive payments for designated public hospitals to encourage and incentivize delivery system transformation and innovation in preparation for the implementation of federal health care reform. This bill would establish the Public Hospital Investment, Improvement, and Incentive Fund in the State Treasury, which shall consist of any moneys transferred by a county, other political subdivision of the state, or other governmental entity in the state for deposit in the fund. The bill would provide that the fund shall be continuously appropriated to the department to be used as the source for the nonfederal share of investment, improvement, and incentive payments to participating designated public hospitals, as specified. Existing law, the Robert W. Crown California Children's Services Act, requires the department and each county to administer the California Children Services (CCS) program for treatment services for persons under 21 years of age diagnosed with severe chronic disease or severe physical limitations, as specified. This bill also would, in furtherance of the waiver or demonstration project, require the Director of Health Care Services to establish, by January 1, 2012, models of organized health care delivery systems, as specified, for children eligible for services under the CCS program. This bill would provide that, to the extent permitted by federal law, the department may require eligible individuals to enroll in these models. This bill would also permit the Managed Risk Medical Insurance Board to elect, with the consent of the director, to permit children enrolled in the Healthy Families Program who are eligible for CCS services to enroll in these organized health care delivery models. This bill would become operative only if AB 342 of the 2009–10 Regular Session of the Legislature is enacted. This bill would declare that it is to take effect immediately as an urgency statute.
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, on or after specified dates beginning March 15, 2011, the gross receipts from the sale of, and the storage, use, or other consumption of, tangible personal property purchased by a qualified person, as defined, for use in the manufacturing process, as specified, and tangible personal property purchased for use by a contractor to perform a construction contract for a qualified person, for specified purposes. This bill would state the intent of the Legislature to extend this exemption to all manufacturing activity on and after July 1, 2013. 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 conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes. The Corporation Tax Law imposes taxes measured by income and, in the case of a business with income derived from or attributable to sources both within and without this state, apportions the income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. Existing law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to make an annual election to have that income apportioned in accordance with a single sales factor formula, except as provided. This bill would, for a taxpayer that would otherwise be able to elect to have its income apportioned in accordance with a single sales factor formula, require the taxpayer to apportion its income in accordance with a single sales factor formula. This bill would take effect immediately as a tax levy.
Existing law establishes the California Education Information System, which consists of the California Longitudinal Pupil Achievement Data System (CALPADS) and the California Longitudinal Teacher Integrated Data Education System. Existing law requires the State Department of Education under CALPADS to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data. Existing law requires local educational agencies to retain individual pupil records for each test taker, including other data elements deemed necessary by the Superintendent of Public Instruction, with approval of the State Board of Education, to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001. This bill would require the department, contingent on federal funding for this purpose and in consultation with the Department of Finance and the Legislative Analyst's Office, to prepare CALPADS to include data on a quarterly rate of pupil attendance. The bill would require that CALPADS be capable of issuing to local educational agencies periodic reports on district, school, class, and individual pupil rates of absence and chronic absentees, as defined. The bill would state the intent of the Legislature to support the development of early warning systems to identify and support individual pupils who are at risk of academic failure or of dropping out of school. Existing law requires the Superintendent annually to submit to the Governor, the Legislature, and the State Board of Education a report on dropouts using the data produced by CALPADS. This bill would require the report to include chronic absentee rates when that data is available. The bill would make implementation of the provisions regarding the inclusion of pupil attendance data in CALPADS contingent upon the appropriation of federal funds specifically for the purposes of those provisions.