Under existing law, the State Department of Social Services is required to provide assistance to families adopting children from the foster care system. Payments may be made for ongoing expenses or for one-time adoption expenses, as provided. Existing law requires the department to actively seek and make maximum use of federal funds that may be available for those purposes. This bill would state the intent of the Legislature to conform state statutes with specified federal legislation and to expend savings resulting from changes in eligibility for adoption assistance on specified services. Existing law also requires the department or the licensed adoption agency to disclose specified information to prospective adoptive families. This bill would add to those disclosure requirements that the department or licensed adoption agency inform the prospective adoptive family of their potential eligibility for a federal and state tax credit. This bill would incorporate additional changes in Section 16119 of the Welfare and Institutions Code, proposed by S.B. 597, to be operative only if S.B. 597 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last.
Sponsored bills
The Corporation Tax Law, in specified conformity to federal income tax laws, imposes certain limitations on the use of built-in losses in conjunction with corporate reorganizations. This bill would clarify that a specified federal administrative notice relating to those limitations does not apply for purposes of taxes imposed under the Corporation Tax Law, as specified. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law prohibits health care service plans from charging premium, price, or charge differentials because of sex, but makes an exception for differentials based on specified statistical and actuarial data. This bill would eliminate that exception with respect to contracts issued, amended, or renewed on or after January 1, 2011. Because a willful violation of this provision by a health care service plan would be a crime, the bill would impose a state-mandated local program. Existing law provides for the regulation of life and disability insurers by the Department of Insurance. Existing law prohibits life and disability insurers from engaging in certain discriminatory practices, but specifies that premium, price, or charge differentials because of sex are not prohibited when based on specified statistical or actuarial data or sound underwriting practices. This bill would, commencing January 1, 2011, prohibit health insurers from charging a premium, price, or charge differential because of the sex of specified individuals. 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) Under the Natural Heritage Preservation Tax Credit Act of 2000, property may be contributed to departments, as defined, any local government, or any nonprofit organization designated by a local government or department, based on specified criteria, in order to provide for the protection of wildlife habitat, open space, and agricultural lands. The act defines "donee" as a department within the Natural Resources Agency to which a donor has applied to donate property, a local government requesting approval of a donation of property to it, or a designated nonprofit organization. This bill would expand the definition of "donee" to include a local government that has submitted an application directly to the Wildlife Conservation Board. The bill would make related changes. (2) The act limits the total amount of tax credits to $100,000,000 and prohibits tax credits from being awarded after the 2007–08 fiscal year without further statutory authorization. This bill, instead, would prohibit tax credits from being awarded after the 2014–15 fiscal year without further statutory authorization, and would delete the monetary limit on the award of tax credits pursuant to the act. (3) Existing law provides that, whenever a program or project to be undertaken by a public entity will result in the displacement of a person, the displaced person, as defined, is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary. This bill would exclude as a displaced person, for those purposes, a person displaced by willingly donating or selling his or her property for the purposes of protecting fish and wildlife habitat, providing recreation areas, or preserving cultural or agricultural resources and open space, or any person who occupies on a rental basis the property donated or sold. The bill would provide that this exclusion does not apply when a sale is in response to an eminent domain proceeding.
Existing law provides for the appointment of counsel to represent a parent or guardian of a child, or the child, in juvenile court proceedings if the parent or guardian is unable to afford counsel. Existing law also provides that the father, mother, spouse, or other person liable for the support of the minor shall be liable to the county for those costs, except as specified, and, more generally, for specified other costs, including the reasonable costs of support of the minor while the minor is placed in, detained in, or committed to, any institution pursuant to an order of the juvenile court or pursuant to the authority of a peace officer to take a minor into temporary custody. Existing law authorizes the board of supervisors to designate a county financial evaluation officer to make financial evaluations of liability for reimbursement of the costs described above, as specified, and authorizes that officer to petition the court for an order requiring the person who is determined to be financially responsible to pay the costs. This bill would expand the provisions described above to specifically provide that the persons who are liable for the support of the minor shall also be liable for the cost to the county or the court for the cost of legal services rendered to the minor, except under specified circumstances. The bill would specify that the fees collected pursuant to this provision be deposited in the Trial Court Trust Fund. The bill would require the Judicial Council to establish a cost recovery program, including a specified statewide standard for determining the ability to pay, to collect reimbursements for the costs of counsel appointed by the court to represent parents or minors, as specified. The bill would also authorize the court, with the consent of the county and pursuant to the terms and conditions agreed upon by the court and the county, to designate a financial evaluation officer to make financial evaluations of liability for reimbursement pursuant to the provision governing liability for the cost to the county or the court of legal services rendered to the minor. The bill would also make related and technical changes.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Under existing law, a licensed winegrower that is exercising specified privileges may allow a person who has purchased and partially consumed a bottle of wine to remove that bottle from the premises upon departure. Existing law also authorizes a licensed winegrower to, among other things, sell wine and brandy for consumption to consumers for on-premises consumption at branch offices or warehouses or United States bonded wine cellars located away from his or her place of production or manufacture. Existing law also requires the Department of Alcoholic Beverage Control to issue a duplicate license to a winegrower or brandy manufacturer for locations other than his or her wine production or brandy manufacture premises. This bill would also authorize an on-sale beer and wine public premises licensee and a licensed winegrower who exercises his or her license privileges at specified locations to allow a person who has purchased and partially consumed a bottle of wine to remove the partially consumed bottle from the premises upon departure. This bill would, additionally, remove the prohibition against licensed winegrowers or brandy manufacturers selling wine for consumption on the premises of a branch office. This bill would also remove the requirement that the Department of Alcoholic Beverage Control issue a duplicate license for a winegrower or brandy manufacturer for locations other than his or her wine production or brandy manufacture premises, and would instead provide that the department may issue the duplicate license. The Alcoholic Beverage Control Act provides that a violation of any of its provisions for which another penalty or punishment is not specifically provided is a misdemeanor. This bill would expand existing crimes by imposing additional requirements on a licensee under the act, thus, 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 no reimbursement is required by this act for a specified reason.
The Local Transportation Authority and Improvement Act authorizes any county board of supervisors to create or designate a local transportation authority in the county for the purposes of imposing a retail transactions and use tax of up to 1%, by a 23 vote thereof, subject to voter approval, with revenues to be used for transportation improvements. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 to be achieved by 2020, as specified. This bill, until December 1, 2015, would create the Sonoma County Regional Climate Protection Authority. The bill would provide for the authority to be governed by the same board as that governing the Sonoma County Transportation Authority, which was created pursuant to the Local Transportation Authority and Improvement Act, and would impose certain duties on the authority, thereby imposing a state-mandated local program. The bill would provide that the authority is a separate entity from the Sonoma County Transportation Authority. The bill would authorize the authority, in cooperation with local agencies, as defined, that elect to participate, to perform coordination and implementation activities, within the boundaries of Sonoma County, to assist those agencies in meeting their greenhouse gas emission reduction goals and develop, coordinate, and implement programs and policies to comply with the California Global Warming Solutions Act and other federal or state mandates and programs designed to respond to greenhouse gas emissions and climate change. The bill would authorize the authority to apply for, and to receive grants of, funds to carry out its functions, and would require those funds to be held in a separate account. The bill would prohibit the use of transportation funds by the authority other than for transportation activities. The bill would prohibit funding from the Traffic Relief Act for Sonoma County (Measure M) , approved by voters in 2004 to be used for these purposes. 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 establishes the Pierce's Disease Control Program in the Department of Food and Agriculture, and the Pierce's Disease Management Account in the Food and Agriculture Fund. Existing law allows money in this account to be expended as specified to combat Pierce's disease and its vectors. Existing law declares that these provisions shall become inoperative on March 1, 2011. This bill would allow specified money in the account to also be expended for purposes relating to other designated pests and diseases, as provided. The bill would change the date on which the above provisions become inoperative to March 1, 2016. (2) Existing law creates in the Department of Food and Agriculture the Pierce's Disease and Glassy-winged Sharpshooter Board, which consists of specified numbers of representatives of producers and processors, as defined, in the grape industry who are appointed by the Secretary of Food and Agriculture. Existing law sets forth the powers of the board and provides for an annual assessment to be paid by the processors into the Department of Food and Agriculture Fund for the purposes of, among other things, research and other activities related to the transmittal of the plant killing Pierce's disease bacterium, and its vectors, particularly the glassy-winged sharpshooter. Existing law repeals these provisions on March 1, 2011. This bill would authorize the expenditure of the assessments for purposes relating to other designated pests and diseases, as provided, and would extend the repeal date of these provisions to March 1, 2016, except that this bill would make these provisions inoperative as of March 1, 2011, unless the secretary finds, in a referendum conducted by him or her, or a person designated by him or her, that a favorable vote has been given. The bill would require, no later than April 15, 2010, the secretary to establish a list of those individuals eligible to vote on the continued implementation of these provisions, as specified. The bill would also make a conforming change and other technical changes. (3) Existing law authorizes the Department of Food and Agriculture and the Pierce's Disease and Glassy-winged Sharpshooter Board to charge expenditures for administrative purposes, as specified, in an amount not to exceed a total of 7% of the assessments collected pursuant to these provisions. This bill would increase the amount that may be charged for administrative purposes to an amount not to exceed a total of 14% of the assessments collected. Because assessments collected pursuant to these provisions are deposited in the Department of Food and Agriculture Fund, which is continuously appropriated, by extending the collection of these assessments and authorizing expenditure for a new purpose, this bill would make an appropriation. (4) Existing law, operative until March 1, 2011, provides that the Secretary of Food and Agriculture shall appoint an advisory task force to advise him or her on the control and management of Pierce's disease. This bill would extend these provisions to March 1, 2016. This bill would authorize the Pierce's Disease and Glassy-winged Sharpshooter Board, after consulting with the advisory task force and upon making specified findings, to recommend to the secretary, and would authorize the secretary to determine, that a pest or disease affecting grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy be designated as an other designated pest or disease, and that money should be expended on research and outreach programs for specified purposes relating to the other designated pest or disease, except as provided. The bill would also make conforming changes.
Existing law permits the modification of contracts by state agencies in specified instances. This bill would provide that, notwithstanding any other provision of law, any state agency that has entered into a grant agreement for the expenditure of state bond funds where the state agency or grant recipient is, or may be, unable to comply with the terms of that agreement because of the suspension of interim funding for projects and contracts by the Pooled Money Investment Board on or after December 18, 2008, shall, with the consent of the grant recipient, have the authority to either renegotiate, modify, or eliminate the deadlines and timetables for and deliverables within the grant agreement in order to address the suspension or to terminate the grant agreement if no grant funds have yet been delivered thereunder. The bill would specify that it does not modify any act under which bonds are authorized to be issued or the State General Obligation Bond Law. This bill would declare that it would take effect immediately as an urgency statute.
(1) Existing law authorizes the Director of Finance to defer payments of General Fund moneys in July through September of 2009, in an amount not to exceed $750,000,000, appropriated to the University of California in the Budget Act of 2009, as specified. Existing law also authorizes the Director of Finance to defer payments of General Fund moneys in July 2009, in an amount not to exceed $290,000,000, appropriated to the California State University in the Budget Act of 2009, as specified. Existing law specifies the schedule of payments for these deferred amounts. This bill would additionally authorize the Director of Finance to defer payments of General Fund moneys owed in February 2010, in an amount not to exceed $250,000,000, appropriated to the University of California in the Budget Act of 2009. The bill also would authorize the Director of Finance to defer payments of General Fund moneys owed in February 2010 in an amount not to exceed $250,000,000, and owed in March 2010 in an amount not to exceed $150,000,000, appropriated to the California State University in the Budget Act of 2009, as specified. The bill would specify a schedule of payments for these deferred amounts. (2) Existing law defers, until October 2009, the disbursal of payments of General Fund moneys for July 2009, in an amount not to exceed $200,000,000, appropriated to the Board of Governors of the California Community Colleges for apportionments to community college districts. This bill would additionally defer, until May 2010, the disbursal of payments of General Fund moneys for March 2010, in an amount not to exceed $100,000,000, appropriated to the board for apportionments to community college districts. (3) Existing law requires state excise fuel tax revenues to be deposited in various accounts and to be allocated, in part, for various purposes, including the cost of collection and authorized refunds. Existing law requires the balance of these funds remaining after authorized deductions to be transferred to, and deposited monthly in, the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for annual and monthly apportionment by the Controller of specified revenues in the Highway Users Tax Account to cities, counties, and cities and counties for the transportation purposes authorized by Article XIX of the California Constitution. Existing law, pursuant to Chapter 23 of the 4th Extraordinary Session of the Statutes of 2009, requires transfers of those revenues from the Highway Users Tax Account to counties or cities that would otherwise be made during certain months of 2009 to instead be deferred and made after January 1, 2010. This bill would instead provide for the apportionments for the months of July and August of 2009 to cities, counties, and cities and counties to be paid in September 2009, and apportionments for November and December of 2009 and January, February, and March of 2010 to be paid on or within 2 working days of April 28, 2010, with specified exceptions. The bill would also authorize the affected local agencies to use specified transportation bond funds and other available funds to meet certain cash obligations. (4) Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to, on behalf of the state, make combined state and federal payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Existing law provides that the contract with the United States Secretary of Health and Human Services requires the state to pay the secretary an amount equal to expenditures made by the secretary as supplemental payments to SSP recipients less amounts payable by the federal government. This bill would, upon the order of the Director of Finance, require the Director of Social Services to defer the above-described payments to the federal government in February 2010, and March 2010, and, instead, make payments for those months after April 20, 2010, but no later than May 31, 2010. (5) 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.