Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits the sale, distribution, or nonsale distribution of tobacco products, as defined, directly or indirectly to any person under 21 years of age through the United States Postal Service or through any other public or private postal or package delivery service. Existing law requires a person selling or distributing tobacco products directly to a consumer through the United States Postal Service or by another postal or package delivery service to comply with specified age-verification policies and deliver only to the consumer's verified mailing or billing address, as applicable. Existing law authorizes enforcing agencies to assess civil penalties for violations of the STAKE Act. This bill would additionally require sellers, distributors, and nonsale distributors to deliver tobacco products only in conspicuously marked containers, as specified, and to obtain the signature of a person 21 years of age or older before delivering a tobacco product. The bill would allow a person to designate an address for delivery that is different from the person's mailing or billing address, if the person's mailing or billing address has been verified in accordance with specified provisions.
Sponsored bills
(1) 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 specifies the amount of the base grant in the 2013–14 fiscal year, as provided, and requires that amount to be adjusted for changes in cost of living in subsequent fiscal years. Existing law requires the Superintendent of Public Instruction to compute the supplemental and concentration grant add-ons as certain percentages of the amount of the base grant. This bill would express the intent of the Legislature to increase the base grants to amounts equal to the national average per-pupil funding level, as provided. The bill would express the intent of the Legislature to apply a cost-of-living adjustment separate from, in addition to, and above the specified cost-of-living adjustment described above for purposes of certain funding provisions. (2) Commencing with the first fiscal year after full implementation of the local control funding formula, existing law requires the Superintendent of Public Instruction, within 3 business days of the first principal, 2nd principal, and annual apportionments for each fiscal year, to publish on the State Department of Education's internet website the amount of a county office of education's, school district's, or charter school's funding derived from its local control funding formula allocation that is attributable to the supplemental and concentration grants. Commencing July 1, 2020, this bill would require the Superintendent to additionally publish on the department's internet website (A) the amount of a county office of education's, school district's, or charter school's funding derived from its local control funding formula allocation that is attributable to base grants and (B) the unduplicated pupil counts and percentages calculated for each school district, charter school, and county office of education. The bill would prohibit the Superintendent from publishing this information for any necessary small school, as defined.
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 the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide coverage for specified benefits. This bill, known as the Let California Kids Hear Act, would require a health care service plan contract or a health insurance policy issued, amended, or renewed on or after July 1, 2020, to include coverage for hearing aids, as defined, for an enrollee or insured under 18 years of age. The bill would require the coverage to be performed by contracted providers, except as specified. The bill would require the contracted providers to include a pediatric audiologist for children under 5 years of age. The bill would require hearing aids covered under the bill to be subject to the cost sharing imposed by the plan contract or health insurance policy for durable medical equipment, as specified. Because a willful violation of these requirements by a health care service plan would be a 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.
The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as "GO-Biz," to, among other duties, serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law authorizes the director of GO-Biz to establish and terminate international trade and investment offices outside of the United States as the director determines is appropriate, if specific requirements are met. Existing law establishes the Economic Development and Trade Promotion Account, a continuously appropriated account, to accept private moneys to fund international trade and investment offices. Existing law prohibits a donor from donating in a calendar year more than 25% of the annual budget of an international trade and investment office operated under contract with a nonprofit entity, and requires GO-Biz to post a specified report on its internet website within 30 days of receiving a donation to fund an international trade and investment office operated under contract with a nonprofit entity. This bill would require the director of GO-Biz, on or before January 1, 2023, to establish and operate, to contract with a nonprofit entity to establish and operate, to create a public-private partnership to establish and operate, or otherwise provide for the operation of, an international trade and investment office in Yerevan, in the Republic of Armenia. The bill would require the director of GO-Biz to include information regarding the Yerevan trade and investment office in existing reporting requirements relating to an International Trade and Investment Program, as specified. The bill would establish the Armenia Trade and Investment Office Account as a separate subaccount within the Economic Development and Trade Promotion Account and would require GO-Biz to accept and administer private sector moneys specified for the Yerevan trade and investment office or international trade and investment activities through this account. The bill would restrict the use of the funds in this account to the establishment or operation of that office, as specified, or the undertaking of international trade and investment events through that office, and would make these funds available upon appropriation by the Legislature. This bill would require the Yerevan trade and investment office to, among other things, promote the export of California goods and services into the Republic of Armenia and facilitate access to educational exchange programs between California and the Republic of Armenia. This bill would apply the above-described provisions relating to donations to fund an international trade and investment office operated under contract with a nonprofit entity to a Yerevan trade and investment office operated under contract with a nonprofit entity.
This measure would, among other things, designate the year 2019 as "State of California Year of Commemoration of the Anniversary of the Armenian Genocide of 1915–1923," would designate April 24, 2019, as "State of California Day of Commemoration of the 104th Anniversary of the Armenian Genocide of 1915–1923," and would call upon the President of the United States and the United States Congress to formally and consistently reaffirm the historical truth that the atrocities committed against the Armenian people constituted genocide.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that federally qualified health center (FQHC) services and rural health clinic (RHC) services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. "Visit" is defined as a face-to-face encounter between a patient of an FQHC or RHC and specified health care professionals, including a physician and marriage and family therapist. Under existing law, "physician," for these purposes, includes, but is not limited to, a physician and surgeon, an osteopath, and a podiatrist. This bill would authorize reimbursement for a maximum of 2 visits taking place on the same day at a single location if after the first visit the patient suffers illness or injury requiring additional diagnosis or treatment, or if the patient has a medical visit and a mental health visit or a dental visit, as defined. The bill would authorize an FQHC or RHC that currently includes the cost of a medical visit and a mental health visit that take place on the same day at a single location as a single visit for purposes of establishing the FQHC's or RHC's rate to apply for an adjustment to its per-visit rate, and after the department has approved that rate adjustment, to bill a medical visit and a mental health visit that take place on the same day at a single location as separate visits, in accordance with the bill. This bill would also include a licensed acupuncturist within those health care professionals covered under the definition of "visit." The bill would require the department, by July 1, 2020, to submit a state plan amendment to the federal Centers for Medicare and Medicaid Services to reflect certain changes described in the bill, and to seek necessary federal approvals. The bill would also make conforming and technical changes.
The Joint Exercise of Powers Act authorizes 2 or more public agencies, if each is authorized by their respective legislative bodies, to enter into an agreement to jointly exercise any power common to those 2 agencies. The Ralph M. Brown Act requires that meetings of the legislative body of a local agency, including a joint powers agency, be open and public, with specified exceptions authorizing closed sessions for specified purposes. Existing law authorizes a joint powers agency to authorize, as specified, a designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member, and who is attending a properly noticed meeting of the joint powers agency in lieu of that agency's regularly appointed member, to attend closed sessions of the joint powers agency. Existing law also authorizes a joint powers agency to authorize, as specified, a member of the legislative body of a member local agency to disclose information obtained in a closed session that has direct financial or liability implications for that local agency to legal counsel of that member local agency for specified purposes or to other members of the legislative body of the local agency present in a closed session, as specified. Existing law requires all information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session to be confidential. This bill would authorize the Clean Power Alliance of Southern California, or its successor entity, to adopt a policy or bylaw or include in its joint power agreement a provision that authorizes both (1) a designated alternate member of its legislative body who is not a member of the legislative body of a local agency member, and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California, or its successor entity, in lieu of a local agency member's regularly appointed member to attend closed sessions of the Clean Power Alliance of Southern California, or its successor entity, and (2) a designated alternate member of its legislative body, who is not a member of the legislative body of the local agency member, to disclose information obtained in a closed session that has direct financial or liability implications for the local agency member for which the designated alternate member attended the closed session, to legal counsel of the local agency member for specified purposes or to members of the legislative body of the local agency present in a closed session, as specified. The bill would otherwise require all information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member, and that is presented to the Clean Power Alliance of Southern California, or its successor entity, in closed session, to be confidential. The bill would require the Clean Power Alliance of Southern California, or its successor entity, to establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California, or its successor entity, if the Clean Power Alliance of Southern California, or its successor entity, exercises the above-described authority provided by this bill. The bill would repeal these provisions on January 1, 2025. This bill would make legislative findings and declarations as to the necessity of a special statute for the Clean Power Alliance of Southern California.
(1) Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education, and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. Under existing law, a local educational agency, as defined, may be responsible for providing an assistive technology device, as defined, for the use of a pupil with exceptional needs when that device is needed to implement that pupil's individualized education program. This bill would require a local educational agency, including a charter school, as defined, to provide, on a case-by-case basis pursuant to federal law, the use of school-purchased assistive technology devices in a child's home or in other settings if the child's individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. The bill would also require a local educational agency to be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency. The bill would specify that this responsibility would be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until 2 months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first. Because this bill would impose new duties on local educational agencies, it would constitute 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 the statutory provisions noted above.
(1) Existing law permits a pawnbroker to charge a loan setup fee of the greater of $5 or 3% of the loan amount, not to exceed $30. This bill would adjust the permitted loan setup fee to the greater of either $7.50 or 3.5% of the loan amount, not to exceed $90. (2) Existing law permits a pawnbroker to collect a handling and storage charge for pawned articles at the time property is redeemed or a replacement loan is issued. Existing law establishes the maximum amount that may be charged based on the size of pawned articles, as specified. This bill would increase the permitted handling and storage charges depending on the size of the pawned articles, as specified. (3) Existing law permits a pawnbroker to impose a processing charge in the amount of $4 for each pawned firearm. This bill would increase the processing charge to $20 for each pawned firearm. (4) Existing law permits a pawnbroker to charge a fee in the amount of up to $3 for preparing a 10-day notice when a pledged item is not redeemed during the loan period. This bill would increase that maximum noticing fee to up to $5. (5) Existing law requires pawnbrokers to provide written notice to a pledgor when a pledged item is not redeemed during the loan period and extends the pledgor's right of redemption 10 days from the date of the notice. Under existing law, the pawnbroker becomes vested with all right, title, and interest to the pledged article upon the expiration of the 10-day notice period. This bill would make nonsubstantive changes to those provisions.
The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2018, the adjusted gross income limit is $83,282 and $41,641, respectively. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. Existing law establishes the continuously appropriated Tax Relief and Refund Account in the General Fund and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount allowable as an earned income tax credit in excess of any tax liabilities. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, and only when specified in a bill relating to the Budget Act, would increase the credit amount for a qualified renter to $220 and $434, as provided. In the event the increased credit amount is not specified in a bill relating to the Budget Act, the existing credit amounts of $120 and $60, as described above, respectively, would be the credit amounts for that taxable year. The bill would require the Franchise Tax Board to annually recompute for inflation the credit amount for taxable years on or after January 1, 2021, and before January 1, 2025, unless otherwise provided. The bill would provide findings and declarations relating to the goals, purposes, and objectives of this credit. The bill, for credits allowable for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would provide that the credit amount in excess of the qualified renter's liability would be refundable and paid from the Tax Relief and Refund Account to the qualified renter upon appropriation by the Legislature. This bill would take effect immediately as a tax levy.