Sen. Carol Liu

The California Constitution, with the exception of fees or charges for sewer, water, and refuse collection services, conditions the imposition or increase of a property-related fee or charge upon approval by either a majority vote of the owners of the properties subject to the fee or charge or, at the option of the agency imposing the fee or charge, by a 23 vote of the voters residing in the area affected by the fee or charge. This measure would additionally exclude fees and charges for stormwater and urban runoff management from these approval requirements for the imposition or increase of a property-related fee or charge.

This measure would urge community organizations and local government entities to promote education and awareness of the Earned Income Tax Credit and other tax credits that help working families persevere through difficult economic times.

This measure would designate July 2010 as California Youth Crisis Line Awareness Month, support the California Youth Crisis Line and its outreach efforts to youth throughout the state, and encourage schools and organizations to share information with young people in their local communities about the California Youth Crisis Line.

Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Under existing law, personal care services provided to a qualified individual who is eligible for Medi-Cal benefits are a Medi-Cal covered benefit, under the Personal Care Services Program (PCSP) . Under existing law, the department is responsible for procuring and implementing a new Case Management Information and Payroll System (CMIPS) for the IHSS/PCSP program, including specified minimum requirements, to provide case management, payroll, and management information for the program. Existing law requires the State Department of Social Services to develop a uniform assessment tool to ensure that IHSS services are delivered in all counties in a uniform manner. Existing law requires counties to use the needs assessment tool to evaluate a recipient's functioning in various activities, as prescribed, and to quantify the recipient's functioning using a 5-point scale to rank each function. Under existing law, a recipient is assigned a functional index score, which is a weighted average based on the recipient's individual rankings, that is used in the assessment of IHSS services. This bill would require the department and the State Department of Health Care Services to jointly convene a stakeholder review process, as specified, to obtain information and comments regarding imposition of a tax on payments received by in-home care providers, or entities that arrange for the provision of that care, and the potential for increased federal financial participation as a result of these tax revenues, and alternatives to the state's methodology for deriving a functional index score for IHSS consumers. This bill would require the department and the State Department of Health Care Services to jointly report stakeholder recommendations to the Legislature no later than August 1, 2011, and to submit an implementation plan based on the stakeholder recommendations no later than November 1, 2011. This bill would require the department, in consultation with the State Department of Health Care Services, to obtain funding from private or public sources to finance the stakeholder review process and implementation plan. This bill would specify that no General Fund moneys shall be used for this purpose.

(1) Existing law provides for residency requirements for school attendance, including the requirement that a pupil placed within the boundaries of that school district in a regularly licensed children's institution, a licensed foster home, or a family home pursuant to a placement under a designated statute, is deemed to comply with residency requirements for that district. This bill would provide that a school district into which a pupil is placed in a regularly licensed children's institution, a licensed foster home, or a family home pursuant to a placement under a designated statute is the district of residence. The bill would further require that this school district of residence would be responsible for providing the pupil with a free appropriate public education, as defined. Because this provision would impose new requirements on school districts, it would constitute a state-mandated local program. (2) Existing law requires a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct, in conformity with the interests of public safety and protection, to receive care, treatment, and guidance that is consistent with his or her best interest, that holds the minor accountable for his or her behavior, and that is appropriate for his or her circumstances. Existing law provides for the establishment of public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities, or Orange County youth correctional centers, as specified, to provide juvenile court school pupils with quality education and training. Existing law requires a county board of education to provide for the administration and operation of juvenile court schools in the county, either by the county superintendent of schools, as specified, or by contract with the respective governing boards of the elementary, high school, or unified school district in which the juvenile court school is located. This bill would require that the county board of education is responsible for providing pupils detained in juvenile halls who are individuals with exceptional needs with a free appropriate public education, as defined. However, if the expanded individualized education program team determines that placement is appropriate, the bill would require the provider of educational services to determine the school district responsible for paying and providing for education placement, pursuant to criteria specified by the bill. Because this provision would impose new requirements on local educational agencies, it would constitute a state-mandated local program. (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, 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 establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. Existing law requires the board of governors, the regents, and the trustees to jointly develop, maintain, and disseminate a common core curriculum in general education courses for the purposes of student transfer and prescribes related requirements. These provisions are applicable to the University of California only to the extent that the regents, by appropriate resolution, make them applicable. This bill would require the Academic Senates of the California Community Colleges and the California State University, and request the Academic Senate of the University of California, to review the lower division 8 common core courses in child development or early education identified by the Early Childhood Curriculum Alignment Project in conjunction with early childhood faculty to improve early childhood educator program articulation, and in doing so, to consider and make findings on specified topics, which the chairs of the Academic Senates of the California Community Colleges and the California State University would be required, and the chair of the Academic Senate of the University of California would be requested, to report to the Legislature and the Legislative Analyst's Office, on or before December 1, 2011, along with other specified recommendations and suggestions. The bill would require the California State University, and request the University of California, to deem specified transferring community college students as having fulfilled lower division coursework requirements, and not require these students to take more total units in child development or early education to satisfy graduation requirements for the related majors than other enrolled students. The bill would remove this requirement and request upon the Academic Senates' completion of specified tasks. The bill would make the reporting requirement inoperative on January 1, 2015, and require the report to be submitted in compliance with specified law.

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.

This measure would urge various state and private entities to withhold financial support of Arizona businesses in response to recent Arizona state laws relating to illegal immigration.

Existing law generally regulates the terms and conditions of contracts for private works of improvement. Existing law requires that, within 45 days after the date of completion, as defined, retention proceeds withheld from any payment by the owner to the original contractor, or by the original contractor to any subcontractor, be released, except as specified. Existing law provides that, if a bona fide dispute exists between an original contractor and a subcontractor, the original contractor may withhold from the retention payment up to 150% of the disputed amount. This bill, applicable to contracts entered into on or after January 1, 2010, would prohibit retention proceeds withheld from any payment made by the owner to the original contractor from exceeding 5% of the amount of the payment otherwise due under the contract. The bill would prohibit the percentage of the retention proceeds withheld from any payment made by the original contractor to any subcontractor, or by a subcontractor to another subcontractor, from exceeding 5% of the amount of the payment otherwise due under the contract, or the percentage of each payment that may be withheld under the contract between the owner and the original contractor, whichever is less. This bill would require that with respect to a contract between an owner and an original contractor, between an original contractor and a subcontractor, or between 2 subcontractors, any retention proceeds withheld shall be released within 45 days after the party seeking payment serves a fully executed conditional waiver and release, as provided. The bill would provide that it does not prohibit the withholding of funds pursuant to the above provisions of law governing amounts in dispute. This bill would also provide that these provisions shall not apply if the owner or original contractor provides written notice to the original contractor or subcontractor, prior to or at the time that the bid is requested, that performance and payment bonds may be required.

This measure would commend the Congress and the President of the United States for including the American Opportunity Tax Credit in the American Recovery and Reinvestment Act of 2009 enabling California to make college affordable for students. The measure would express the intent of the Legislature to adopt similar higher education tax credits when the state's economic conditions improve.