Sen. Rosilicie Ochoa Bogh

Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the county superintendent of schools, school district, or charter school. Existing law requires the State Board of Education to adopt regulations that govern the expenditure of funds apportioned pursuant to the supplemental and concentration grant add-ons. Existing law requires the governing board of each local educational agency, as defined, to adopt and annually update a local control and accountability plan, as specified. Existing law appropriates $450,000 from the General Fund to the State Department of Education for the 2020–21 fiscal year to support the alignment and integration of online platforms supporting the California School Dashboard, the Local Control and Accountability Plan Electronic Template System, and the School Accountability Report Card, as provided. This bill would require the State Department of Education to develop, on or before January 1, 2024, a local control and accountability plan portal that contains a database of local control and accountability plans for each local educational agency and that will allow comprehensive analysis by policymakers of actions, expenditures, and progress on metrics included within local control and accountability plans adopted by local educational agencies. The bill would require the department to determine the methods for local educational agencies to transfer local control and accountability plan information to the state, in consultation with local educational agencies. Commencing September 1, 2024, the bill would require each local educational agency to annually transfer quantitative and nonquantitative data from their local control and accountability plans and annual updates, upon the approval of the plans, to the department using those methods approved by the department. By imposing additional duties on local educational agencies, 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 the statutory provisions noted above.

(1) Existing law, except as otherwise provided, requires the governing board of a school district to consist of 5 members elected at large by the qualified voters of the school district. Existing law sets the terms of the 5 members at 4 years and staggered so that, as nearly as practicable, 12 of the members are elected in each odd-numbered year. Existing law requires the governing board of a school district maintaining one or more high schools to include within its membership one or more pupil members if pupils submit a petition for pupil representation to the governing board, as provided. Existing law requires the pupil member to be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with procedures prescribed by the governing board of the school district. Existing law requires the pupil member to have preferential voting rights. Existing law prohibits a pupil member from being included in determining the vote required to carry any measure before the governing board. This bill would authorize the governing board of a school district to adopt resolutions to make each preferential voting pupil member a full voting pupil member of the governing board, as provided, and would authorize the governing board to restrict by resolution a full voting pupil member from voting on certain matters, as specified. The bill would only prohibit a preferential voting pupil member from being included in determining a vote and would require a full voting pupil member to be included in determining a vote, unless the full voting member is restricted by resolution from voting on that matter, and the bill would require a governing board of a school district with 6 or 8 members as a result of a full voting pupil member to establish an affirmative vote and quorum at 4 and 5 members, respectively, except as specified. (2) Existing law requires that a pupil member receive all open meeting materials presented to the board members at the same time the materials are presented to the board members, and to receive all materials received by other board members between open meetings, except for materials that pertain to closed session items. Existing law prohibits a preferential vote from being solicited on matters subject to closed session discussion. The bill would instead grant full voting pupil members access to all closed session materials, to attend closed sessions, and to vote on closed session matters, unless restricted by resolution, and would authorize the governing board of the school district to adopt a resolution granting each preferential pupil member the right to receive closed session materials, as well as attend and cast a preferential vote, on closed session matters. (3) Existing law requires a pupil member to be entitled to the mileage allowance to the same extent as regular members, but otherwise provides that a pupil member is not entitled to other compensation received by other board members. This bill would authorize the governing board of a school district to provide pupil members with stipends. (4) Existing law authorizes the governing board of a school district to appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing board of a school district determines that the pupil member is not fulfilling their duties, and requires a majority vote of all voting board members to approve a motion to eliminate the pupil member position from the governing board of a school district. This bill would instead require a majority vote of all voting board members to approve a motion to remove a sitting pupil member from the governing board of a school district, but would otherwise retain the pupil board member position, thereby eliminating the governing board of a school district's ability to eliminate the position itself. (5) Existing law authorizes the governing board of a school district to adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board of the school district, except on matters dealing with employer-employee relations. This bill would instead authorize the governing board of a school district to adopt a resolution authorizing the pupil member or members to make and 2nd motions that may be acted upon by the governing board of the school district, and would delete the prohibition against authorizing those motions on matters dealing with employer-employee relations.

This measure would recognize May 8, 2022, as the 115th annual Mother's Day, and would urge all Californians to recognize, appreciate, and be grateful for the gifts and good works of mothers on that day.

This measure would recognize the weeks of October 10, 2021, through October 16, 2021, and October 16, 2022, through October 22, 2022, as Art Therapy Weeks of Civic Engagement to commemorate the contributions of professional art therapists to California's communities.

Existing law requires that subpoenas be served by delivering a copy personally, except as specified. This bill would additionally allow deposition subpoenas that command only the production of business records to be served by overnight delivery, facsimile transmission, or electronic means, as specified. Existing law provides that, except as specified, when a subpoena deuces tecum is served upon the custodian of records of a business and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance with the subpoena if the custodian delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the subpoena to the clerk of the court or to another authorized person, as specified, together with the required affidavit, within 15 days after the receipt of the subpoena. This bill would extend the time period for compliance by two additional court days if a subpoena is served by overnight delivery, facsimile transmission, or electronic means.

The Personal Income Tax Law provides, in modified conformity to federal income tax laws, for the manner in which taxable gains are to be recognized upon the disposition of property, including real property that is the principal residence of the taxpayer. Existing law allows an individual to exclude from their gross income up to $250,000 or $500,000, as specified, of gain realized on the sale or exchange of their residence if the taxpayer owned and occupied the residence as a principal residence for an aggregate period of at least 2 of the 5 years prior to the sale or exchange. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would revise the exclusion to provide that if the buyer of a qualified principal residence, as defined, is a qualified first-time homeowner, as defined, the amount of the exclusion is increased to $300,000 or $600,000, as specified. The bill would limit the increased exclusion amount to transactions in which, on or before the closing date of the sale or exchange of the qualified principal residence, the seller obtains a certification from the buyer in writing, signed under penalty of perjury, that the buyer is a qualified first-time homeowner and including specified information concerning the sale of the qualified principal residence. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would additionally provide that these provisions are only operative for taxable years for which resources are authorized in the annual Budget Act or other statute for specified purposes. Existing law requires that any bill introduced on or after January 1, 2020, that would authorize certain tax expenditures, as defined, or tax exemptions contain, among other things, specific goals, purposes, and objectives that the tax expenditure or exemption will achieve, detailed performance indicators, and data collection requirements. This bill would provide findings and declarations relating to the goals of the expansion of the exclusion from gross income for sales of a qualified principal residence to a first-time homeowner. 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 take effect immediately as a tax levy.

Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California provides instruction and performs research at the 10 campuses it operates and maintains in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would authorize the Regents of the University of California to expend money, upon appropriation by the Legislature for this purpose, to secure an acute care teaching hospital in the County of Riverside through acquisition, construction, rehabilitation, lease, management, or operating agreement to serve as an academic medical center for the purpose of training University of California, Riverside, School of Medicine medical students, medical residents, and medical fellows.

This measure would recognize April 24, 2022, through April 30, 2022, as Crime Victims' Rights Week.

This measure would declare April 28, 2022, as Take Our Daughters and Sons to Work Day, and would recognize the goals of introducing our daughters and sons to the workplace and commend all participants of Take Our Daughters And Sons To Work Day.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees. This bill would create the Allied Behavioral Health Board within the Department of Consumer Affairs, and would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the board. The bill would require the board to establish regulations and standards for the licensure of substance use disorder counselors, as specified. This bill would require an applicant for a substance use disorder counselor license to have documented to a certifying organization that they have obtained a master's degree in alcohol and drug counseling or a related counseling master's degree, as specified, and to pass specified examinations. The bill would require the board to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of "Licensed Alcohol Drug Counselor" unless the person has applied for and obtained a license from the board, and would make a violation of that provision punishable by an administrative penalty not to exceed $1,000. The bill would require the board to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund. The bill would make its provisions operative upon the appropriation by the Legislature of sufficient funds allocated to the state from a specified settlement agreement, consistent with the requirements of the settlement agreement.