Under existing law, if the Department of Transportation determines that real property or an interest therein, previously or hereafter acquired by the state for highway purposes, is no longer necessary for those purposes, the Department of Transportation is authorized to sell, contract to sell, sell by trust deed, or exchange the real property or interest therein in the manner and upon terms, standards, and conditions established by the California Transportation Commission. Existing law authorizes the commission, in cooperation with the regional transportation planning agencies, to prescribe study areas for analysis and evaluation by those agencies and guidelines for the preparation of the regional transportation plans. Existing law, in order to resolve local transportation problems resulting from the infeasibility of planned state transportation facilities on certain state highway routes, authorizes specified cities and counties to develop and file with the commission a local alternative transportation improvement program that addresses transportation problems and opportunities in the county that was to be served by the planned facilities. Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA) and makes it responsible for, among other things, the establishment of overall goals and objectives to achieve optimal transport service for the movement of goods and people on a countywide basis. This bill would, for purposes of preserving the funding capacity for LACMTA to make transportation investment choices within the State Highway Route 710 Study Area, as defined, authorize LACMTA in consultation with the department and jointly with specified cities, to develop and file with the commission a local alternative transportation improvement program that addresses transportation problems and opportunities in specified cities. The bill would require the commission to have the final authority regarding the content and approval of the local alternative transportation improvement program. The bill would require all proceeds from the sale of the specified excess properties, except as specified, to be allocated by the commission to fund the approved local alternative transportation improvement program, with not less than 25% of the proceeds to be allocated to certain soundwall projects, as specified. The bill would require the commission and the department to declare as excess state properties, the surface estates of certain properties, acquired for the Route 710 surface freeway extension and require the department to expeditiously release those properties for sale, as specified. The bill would require that tenants in good standing of nonresidential properties be offered a right of first refusal to purchase at fair market value the property. The bill would provide that the sale proceeds may not be used on any activity to advance any subsurface alternative for the Route 710 North Gap Closure Project. Existing law imposes various requirements on these local alternative transportation improvement programs including that the department is required to maintain a specified account for each local alternative transportation improvement program into which it will deposit the funds derived from the sale of the respective excess properties. Existing law also requires a specified local alternative transportation improvement program to include various housing programs, including, but not limited to, relocation assistance, relocation advice and moving expenses, and replacement housing units. This bill would make the local alternative transportation improvement program in the State Highway Route 710 Study Area subject to those account and deposit requirements and would authorize LACMTA, with the concurrence of the commission and the department, to advance a project included in the local alternative transportation improvement program in the study area prior to the availability of sufficient funds, as specified. The bill would make certain of those housing program provisions applicable to the local alternative transportation improvement program in the State Highway Route 710 Study Area. The bill would enact other related provisions.
Sponsored bills
Existing federal law, the original Child Abuse Prevention and Treatment Act of 1974 (CAPTA) , provided assistance to states to develop child abuse and neglect identification and prevention programs. Existing federal law, the CAPTA Reauthorization Act of 2010 and the Child and Family Services Improvement and Innovation Act, among other provisions, provide funding for child abuse and neglect prevention and other child and family services programs, and require the amendment of applicable state plans. Under existing law, except under specified circumstances, whenever a child is removed from a parent's or guardian's custody, the juvenile court is required to order the social worker to provide designated child welfare services, including family reunification services, to the child and the child's mother and statutorily presumed father or guardians. Existing law does not require provision of family reunification services, in cases in which the court has made one or more specified findings regarding the qualifications of the parent or guardian. This bill would include as a situation when family reunification would not be required when a parent has been required by the court to be registered on a sex offender registry under a specified federal law. Existing law requires a county welfare department to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft, as specified. Existing law suspends implementation of these provisions until July 1, 2013. This bill would revise and expand these consumer disclosure and identity theft provisions, by including nonminor dependents and requiring assistance to be given by the county welfare department, county probation department, or the State Department of Social Services, as specified, on an annual basis while a child or nonminor dependent is under the jurisdiction of the juvenile court. The bill would require information relating to the yearly consumer credit report to be included in the youth's or nonminor dependent's case plan, as specified. By increasing county duties, the bill would impose a state-mandated local program. Existing law requires the State Department of Social Services to select and award a grant to a private nonprofit or public entity for the purpose of establishing a statewide multipurpose child welfare training program. Existing law requires the training program, among other duties, to annually assess the program's performance and forward it to the department for an evaluation and report to the Legislative Analyst. This bill would revise the assessment procedures for the child welfare training program, including specifically requiring the assessment of the training program in each county, and by eliminating the requirement to report to the Legislative Analyst. This bill also would revise the required contents of the assessment. This bill would revise the requirements for the number and location of monthly caseworker visits for foster children. The bill would require the State Department of Social Services and county welfare and probation departments to collect and provide data reporting requirements necessary to comply with specified federal law. Existing law defines various terms for purposes of the administration by the State Department of Social Services of federal Promoting Safe and Stable Families funds, including certain family support services, and family reunification services. Counties that choose to utilize these federal funds are required to establish a local planning body and develop county plans as required by the department. This bill would expand the definitions of these services to include specified mentoring activities, support groups, and other services and activities to facilitate access and visitation of children with their parents and siblings. This bill would incorporate additional changes in Sections 361.5 and 16501.1 of the Welfare and Institutions Code proposed by AB 1712 and SB 1064 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered 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.
Existing law provides that, in addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse or of soliciting the murder of the other spouse, the injured spouse shall be entitled to 100% of the community property interest in his or her retirement and pension benefits, and a prohibition of specified support or insurance benefits from the injured spouse to the convicted spouse. Existing law defines "injured spouse" for these purposes. Under existing law, a family court is required to consider specified factors in ordering spousal support, including the criminal conviction of an abusive spouse. This bill would expand the above-described provisions to apply when a spouse is convicted of a specified violent sexual felony against the other spouse, and would require the court to consider the convicted spouse's criminal conviction for a violent sexual felony in ordering spousal support, as specified. The bill would also require the court to order the attorney's fees and costs to be paid from the community assets if warranted by economic circumstances. Under the bill, the injured spouse, as defined, would not be required to pay any of the convicted spouse's attorney's fees out of his or her separate property. The bill would further, at the request of the injured spouse, define the date of the parties' legal separation as the date of the incident giving rise to the conviction, or earlier if the court finds that the circumstances justify an earlier date, for community property purposes.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would, until January 1, 2017, exempt from CEQA the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS) , consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site. Because a lead agency, which may include a local agency, is required to determine whether a project qualifies for this exemption, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute because of unique circumstances surrounding the implementation of the LA-RICS. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the Controller to offset or deduct certain amounts due a city or county to satisfy certain state claims. Existing law requires the Controller, at the request of the city or county, to offset any amount due a city or county against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board or for a refund from the State Board of Equalization, under specified provisions of law, or winnings from the California State Lottery. This bill would include in the Controller's required calculation of the offset amount due a city or county, any amount owing the person or entity by a state agency on a claim filed by the owner, as described, for payment of unclaimed property held by the state.
(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester, effective with the summer term of the 2012 calendar year. Existing law also authorizes the board of governors to waive this fee under certain circumstances related to the income status of the student. This bill would require that a student qualifying for a fee waiver meet minimum academic and progress standards adopted by the board of governors, and would provide detailed requirements regarding the content, adoption, and application of those standards. (2) Existing law, known as the Seymour-Campbell Matriculation Act of 1986, defines "matriculation" as a process that brings a college and a student who enrolls for credit into an agreement for the purpose of realizing the student's educational objectives. The act specifies the matriculation services that community colleges are required to provide, including the processing of the application for admission, orientation and preorientation services, assessment and counseling upon enrollment, and postenrollment evaluation of a student's progress. This bill would revise and recast the act, and rename it the Seymour-Campbell Student Success Act of 2012. The act would state its purpose as increasing California community college access and success by providing effective core matriculation services of orientation, assessment and placement, counseling, and other education planning services, and academic interventions. The bill would specify the responsibilities of students and institutions in entering into the matriculation process. The bill would require the board of governors to develop a formula for allocating funding for the Student Success and Support Program that would be implemented under the act. The bill would specify that, in the 2012–13 fiscal year and each fiscal year thereafter, the act would be operative only if funds are specifically appropriated for its purposes. To the extent that the bill would impose new duties on community college districts, it would constitute a state-mandated local program. (3) The bill would require the Legislative Analyst's Office to review and report specified information regarding the Seymour-Campbell Student Success Act of 2012 to the appropriate policy and fiscal committees of the Legislature by July 1, 2014, and by July 1 of every even-numbered year thereafter, as specified. (4) 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.
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Digital Open Source Library, under the administration of the California State University, in coordination with the California Community Colleges, for the purpose of housing open source materials while providing an Internet Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The bill would provide that the California State University would also act in coordination with the University of California in administering the California Digital Open Source Library if the regents act, by appropriate resolution, to authorize the university to participate in the administration of the library. The bill would require that the materials in the library bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts. The bill would provide that the provisions added to the Donahoe Higher Education Act by the bill would become operative only if funding for the purposes of this bill is provided in an appropriation in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds. The bill would become operative only if SB 1052 becomes operative on or before January 1, 2013, and establishes the California Open Education Resources Council.
Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to persons with developmental disabilities. Existing law requires a developmental center to immediately report all resident deaths and serious injuries of unknown origin to the appropriate local law enforcement agency. Existing law establishes the Office of Protective Services within the State Department of Developmental Services. This bill would rename a certain position within the Office of Protective Services as the Director of Protective Services, require the director to meet specified qualifications, and require that the director be appointed by and serve at the pleasure of the Secretary of California Health and Human Services, as specified. This bill would require the department to report certain events involving death or harm involving a developmental center resident to a designated protection and advocacy agency. The bill also would require the State Department of State Hospitals to report the same categories of events to the protection and advocacy agency, with respect to a resident of a state mental hospital. Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse, as defined. Failure to make a report as required by existing law is a misdemeanor. This bill would require mandated reporters in the State Department of Developmental Services to immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. By creating new duties for local officials, this bill would impose a state-mandated local program. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 4427.5 of the Welfare and Institutions Code proposed by SB 1522, to be operative only if SB 1522 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last. This bill would also incorporate additional changes to Section 15630 of the Welfare and Institutions Code proposed by AB 40, to be operative only if AB 40 and this bill are both enacted, both bills become effective on or before January 1, 2013, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation by the State Department of Social Services of community care facilities, as defined. Violation of the provisions relating to community care facilities is a misdemeanor. The act exempts from its provisions a public recreation program operated as prescribed for kindergarten and grades 1 to 12, inclusive, that operates less than 16 hours per week and for a total of 12 weeks or less during a 12-month period. Existing law, effective January 1, 2013, expands that exemption to include such a program that operates less than 20 hours per week and for a total of 14 weeks or less during a 12-month period. Existing law includes foster family agencies that certify foster family homes and licensed foster family homes within the provisions regulating a community care facility, and requires the department, in establishing these regulations, to consider these homes as private residences, and to establish regulations for these foster family homes and certified family homes of foster family agencies as a separate regulation package from regulations for all other community care facilities. Under existing law, certified family homes are not subject to civil penalties under the act, and licensed foster family homes are only subject to specified civil penalties. This bill would provide instead that licensed foster family homes, as well as certified family homes of foster family agencies, are not subject to civil penalties under the California Community Care Facilities Act, except that the certified family homes and foster family homes both would be subject to certain penalties relating to fingerprinting requirements and operating without a valid license. Existing law, until January 1, 2014, defines and regulates crisis nurseries and requires the State Department of Social Services to authorize the use of volunteers as caregivers in a crisis nursery, under certain circumstances. This bill would delete the repeal of these provisions thereby making them operate indefinitely. Because this bill would extend the application of a crime, it would impose a state-mandated local program. The California Child Day Care Facilities Act provides for the licensing and regulation of child day care facilities, as defined. The act does not apply to specified entities, and, until January 1, 2014, includes crisis nurseries among the specified entities. This bill would delete the repeal of these provisions, thereby making that exemption operate indefinitely. Existing law provides for 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. Under existing law, foster care providers licensed as group homes have rates established by classifying each group home program and applying a standardized schedule of rates. Existing law requires the department to determine the rate classification level (RCL) for new and existing providers and for those programs requesting an RCL increase, which is based, in part, on a program audit of documentation and other information. Existing law also requires the department to perform group home program and fiscal audits as needed. This bill would provide that for audit purposes, if a group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for services provided and the capacity of the home shall be adjusted by the ratio of AFDC-FC eligible children to all children in the placement. Existing law requires the State Department of Mental Health to establish, by regulation, specified program standards for any facility licensed as a community treatment facility and authorizes the State Department of Health Care Services to adopt or amend regulations pertaining to these program standards. Existing law establishes, until January 1, 2014, certain standards with respect to the required nursing staff at a community treatment facility that admits children who have been assessed not to require medical services that require 24-hour nursing coverage. This bill would delete the expiration date of the provisions applicable to the nursing staff requirements described above, thereby making those staffing requirements operative indefinitely. Under existing law, each county may enter into performance agreements with nonprofit agencies to encourage innovation in the delivery of children's services, to develop services not available in the community, and to promote change in the child welfare services system. Existing law authorizes the State Department of Social Services to waive otherwise applicable regulations relating to foster care payments and the operation of group homes for a period of up to 3 years, in order to facilitate these performance agreements. Existing law authorizes the department to extend the regulation waivers for up to 3 additional years, based on a review and analysis of specified information. This bill would revise the waiver extension provisions to instead authorize the department to extend the waiver in increments of 3 years, based on a review and analysis of the information specified in existing law. 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) The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Open Education Resources Council under the administration of the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges, or a successor group. The bill would specify that the council would have 9 members, including 3 faculty members from each of the public postsecondary segments, selected by the respective faculty senates of each segment. The bill would require the appointments to the council to be made no later than 90 days after the bill becomes operative. The bill would require the California Open Education Resources Council to determine a list of 50 lower division courses in the public postsecondary segments for which high-quality, affordable, digital open source textbooks and related materials would be developed or acquired, as specified, pursuant to the bill. The bill would also require the council to review and approve developed open source materials and to promote strategies for production, access, and use of open source textbooks to be placed on reserve at campus libraries in accordance with this section. The bill would require that the council regularly solicit and consider, from each of the statewide student associations of the University of California, the California State University, and the California Community Colleges, advice and guidance on open source education textbooks and related materials, as specified. The bill would require the council to establish a competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds to produce, in 2013, 50 high-quality, affordable, digital open source textbooks and related materials, meeting specified requirements. The bill also would require the council to submit a report to the Legislature and the Governor on the progress of the implementation of these provisions by no later than 6 months after the bill becomes operative and to submit a final report by January 1, 2016. (2) Existing law requires publishers, as defined, to provide a captioned format of instructional materials, as defined, or an electronic format of those materials and a license to create a captioned format of the materials, upon request by a public postsecondary educational institution, and authorizes the public postsecondary educational institution to create a captioned format, subject to prescribed conditions, if the publisher provides a license to create the captioned format or fails to respond to a request for a captioned format. Existing law prescribes various requirements with respect to use and distribution of electronic and captioned formats of instructional materials by public postsecondary educational institutions that choose to participate in the request process. This bill would include digital open source textbooks and related materials within the definition of instructional materials for the purposes of this provision. The bill would prescribe a procedure for this request process relating to digital open source textbooks if and when the California Open Source Digital Library is established pursuant to statute. (3) These provisions would become operative only if funding for the purposes of this bill is provided in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds.