The Child Care and Development Services Act, administered by the State Department of Education, provides that children from infancy to 13 years of age are eligible for federal and state subsidized child development services if their families meet at least one requirement in each of certain areas. The act requires the department to contract with local contracting agencies to provide for alternative payment programs, and authorizes alternative payment programs for services provided in licensed centers and family day care homes and for other types of programs that conform to applicable law. The act requires the department to expand existing alternative payment programs and fund new alternative payment programs to the extent that funds are provided by the Legislature. This bill would require an alternative payment program, with certain exceptions, to have no less than 36 months to expend funds allocated to that program in any fiscal year, and would require the Superintendent of Public Instruction to develop a process that provides alternative payment programs no less than 36 months to expend funds allocated to that program in any fiscal year.
Sponsored bills
Existing law specifies that a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank is not liable for any damage or injury resulting from the consumption of the donated food, unless the injury resulted from negligence or a willful act in the preparation or handling of the donated food. This bill, the California Good Samaritan Food Donation Act, would expand these provisions to persons and gleaners who donate food, as defined. The bill would narrow the exception to protection from liability to injury resulting from gross negligence or intentional misconduct. The bill would specify that the immunity from civil liability provided by these provisions applies to the donation of food that is fit for human consumption and that has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would authorize food facilities to donate food directly to end recipients for consumption. Existing law specifies that a nonprofit charitable organization or food bank is not liable for an injury or death from distributing food without charge that is fit for human consumption unless the injury or death is a direct result of negligence, recklessness, or intentional misconduct. This bill would narrow the exception to protection from liability to injury or death as a direct result of gross negligence or intentional misconduct. Existing law authorizes a person engaged in the business of processing, distributing, or selling an agricultural product to donate, free of charge, a product that is in a condition that it may be used as food for human beings, to a nonprofit charitable organization. Existing law limits the liability of a county, its agencies, and persons who donate agricultural products. Existing law provides that these provisions do not relieve any nonprofit charitable organization from any liability for any injury, including, but not limited to, injury resulting from the ingesting of an agricultural product, as a result of receiving, accepting, gathering, or removing any donated agricultural product. This bill would expand this provision to include a gleaner and also authorize food facilities to donate food directly to end recipients for consumption. The bill would specify that these donations are protected under this act if the donated food has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would repeal these provisions relating to not relieving nonprofit charitable organizations from liability for injuries. Existing law authorizes a food facility to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Existing law exempts a food facility that donates food from civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any other laws, regulations, or ordinances, for a violation occurring after the time of the donation. This bill would also authorize a person or gleaner to donate food to a food bank or to a nonprofit charitable organization and exempt the person or gleaner from civil or criminal liability relating to the donated food. The bill would also expand these provisions to include the donation of food by food facilities directly to end recipients. The bill would specify that the immunity from civil or criminal liability or penalty applies to the donation of food that has exceeded the labeled shelf life date recommended by the manufacturer, provided, in instances of perishable food, the person that distributes the food to the end recipient makes a good faith evaluation that the food is wholesome. The bill would require enforcement officers to promote the recovery of food fit for human consumption, as specified. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program. The bill would make other conforming and nonsubstantive changes. 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.
Existing law sets forth various requirements for the issuance of diplomas conferred upon a pupil as evidence of graduation from high school. Existing law establishes the Golden State Seal Merit Diploma for the purpose of recognizing pupils who have mastered the high school curriculum. Existing law also establishes the State Seal of Biliteracy, awarded by the Superintendent of Public Instruction in accordance with specified criteria, to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. This bill would require the Superintendent, on or before January 1, 2020, to recommend to the State Board of Education criteria for awarding a State Seal of Civic Engagement to pupils who have demonstrated excellence in civics education and participation and have demonstrated an understanding of the United States Constitution, the California Constitution, and the democratic system of government. The bill would require the Superintendent to consider, among other criteria, the successful completion of history, government, and civics courses, including courses that incorporate character education, and voluntary participation in community service or extracurricular activities. The bill would require the state board, on or before January 31, 2021, to adopt, reject, or modify the criteria recommended by the Superintendent. The bill would require the Superintendent to prepare and deliver to participating school districts the seal insignia to be affixed to the diploma or transcript of a pupil awarded the State Seal of Civic Engagement. The bill would also require participating school districts to maintain records in order to identify pupils who have earned the State Seal of Civic Engagement and to affix the appropriate insignia to the diploma or transcript of those pupils.
(1) Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and activities. The act requires a committee that supports or opposes ballot measures to name and identify itself using a name or phrase that clearly identifies the economic or other special interests of its major donors of $50,000 or more. The act also requires that the identity of a common employer shared by major donors be disclosed. This bill would repeal these provisions. (2) The act defines "expenditure" as a payment, a forgiveness of a loan, a payment of a loan by a 3rd party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. This bill, which would be known as the California Disclose Act, would describe circumstances in which a payment would be made for political purposes within the meaning of the definition of "expenditure." (3) The act prohibits a candidate or committee from sending a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing, as specified. This bill would additionally require the name of such an entity to be disclosed in a mass electronic mailing, as defined, that the entity sends. The bill would provide that these disclosure requirements do not apply if the mass mailing or mass electronic mailing is paid for by an independent expenditure. (4) The act prohibits a candidate, committee, or slate mailer organization from expending campaign funds to pay for specified telephone calls that advocate support of, or opposition to, a candidate, ballot measure, or both, unless the name of the organization that authorized or paid for the call is disclosed to the recipient of the call during the course of each call. This bill would instead apply these requirements to a candidate, a candidate controlled committee established for an elective office for the controlling candidate, a political party committee, and a slate mailer organization that expends campaign funds to pay for such telephone calls. The bill would provide that these disclosure requirements do not apply if the telephone call is paid for by an independent expenditure. (5) The act also requires advertisements, as defined, to include prescribed disclosure statements, including, among others, a requirement that the disclosure statements include the names of the persons who made the 2 highest cumulative contributions, as defined, to the committee paying for the advertisement. This bill would repeal and recast provisions of the act relating to advertisement disclosure statements. The bill would revise the definition of "advertisement" to exclude a number of communications, including communications that involve wearing apparel, sky writing, and certain electronic media communications, as specified. The bill would also replace existing advertisement disclosure statements with newly prescribed disclosure statements that identify the name of the committee paying for the advertisement and the top contributors to that committee. The bill would define "top contributors" for purposes of these provisions as the persons from whom the committee paying for the advertisement received its 3 highest cumulative contributions, as specified. The bill would exempt certain committees, including committees that make independent expenditures totaling $1,000 or more in a calendar year, from the requirement to disclose the top contributors in advertisement disclosure statements. The bill would also prescribe location and format criteria for the disclosure statements that are specific to radio and telephone, television and video, print, and electronic media advertisements. (6) The act imposes, in addition to other penalties, a fine of up to triple the amount of the cost of an advertisement on a person who violates the disclosure requirements for advertisements. This bill would revise the scope of violations subject to that fine by specifying that it applies to certain disclosure requirements and intentional violations. (7) The act prohibits a person from making a contribution as an intermediary on behalf of another person without disclosing to the recipient of the contribution specified information about both the intermediary and the source of the contribution. The act also prohibits a person from making a contribution to a committee on the condition or with the agreement that it will be contributed to a particular candidate unless the contribution is disclosed in compliance with those requirements for contributions made by an intermediary. This bill would prohibit a person from making a contribution to a committee or candidate that is earmarked unless the contribution is disclosed in compliance with the requirements for contributions made by an intermediary. The bill would also describe circumstances in which a contribution is deemed to be earmarked. The bill would impose additional disclosure requirements in connection with earmarked contributions from one committee to another. (8) Because a violation of the act is punishable as a misdemeanor, 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. (9) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires the State Water Resources Control Board to adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing certain standards for water well construction, maintenance, and abandonment and requires each county, city, or water agency, where appropriate, not later than January 15, 1990, to adopt a water well, cathodic protection well, and monitoring well drilling and abandonment ordinance that meets or exceeds certain standards. Under existing law, if a county, city, or water agency, where appropriate, fails to adopt an ordinance establishing water well, cathodic protection well, and monitoring well drilling and abandonment standards, the model ordinance adopted by the state board is required to take effect on February 15, 1990, and is required to be enforced by the county or city and have the same force and effect as if adopted as a county or city ordinance. This bill, until January 30, 2020, would require a city or county overlying a critically overdrafted basin, as defined, to request estimates of certain information from an applicant for a new well located within a critically overdrafted basin as part of an application for a well permit. The bill would require a city or county that receives an application for a well permit in a critically overdrafted basin to make the information about the new well included in the application for a well permit available to both the public and to groundwater sustainability agencies and easily accessible. The bill would authorize a city or county to issue a new well permit within a critically overdrafted basin when these requirements have been met. By increasing the duties of cities and counties, this bill would impose 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 no reimbursement is required by this act for a specified reason.
Existing law creates the Department of Alcoholic Beverage Control, to which is committed the authority for the administration and enforcement of alcoholic beverage laws in the state in a strict and impartial manner. Existing law, commonly referred to as tied-house restrictions, generally prohibits a licensed manufacturer, winegrower, manufacturer's agent, California winegrower's agent, rectifier, distiller, bottler, importer, or wholesaler from having an ownership interest in an on-sale license, among other things, subject to a variety of exceptions. Existing law excepts from tied-house restrictions the issuance or transfer of a retail on-sale or off-sale license with respect to premises that are an integral part of the operations of a hotel or motel, notwithstanding that a manufacturer, winegrower, manufacturer's agent, California winegrower's agent, rectifier, distiller, bottler, importer, or wholesaler has an interest in the premises, the retail license, or the retail licensee, provided certain conditions are met. In this regard, in the case of a hotel or motel, the hotel or motel must have not less than 100 guestrooms. This bill, for the purpose of excepting a transfer of a retail on-sale or off-sale license from the tied-house restriction described above, would reduce the necessary number of guestrooms in a hotel or motel to 25. The bill would also specify that this exception applies notwithstanding the fact that an out-of-state distilled spirits shipper has an interest in the premises, the retail license, or the retail licensee.
(1) Existing federal law, the Military Lending Act, prohibits a creditor who extends consumer credit to a covered member of the Armed Forces or a dependent of such a member from requiring that member or dependent to pay interest with respect to the extension of such credit, unless an exception to that rule applies. The federal act also requires a creditor to satisfy other terms and conditions before extending consumer credit to a covered member, and to comply with mandatory disclosure requirements, as specified. Any person who violates the federal act is subject to both criminal and civil penalties. Existing law, the Banking Law, prescribes the conditions pursuant to which a state-chartered bank may engage in the practice of banking. The California Credit Union Law provides for the regulation of credit unions within the state by the Commissioner of Business Oversight. Existing law imposes both criminal and civil penalties for violations of the Banking Law and the California Credit Union Law. Existing law requires a state-chartered bank or a credit union when making or extending a refund anticipation loan to comply with the provision of the John Warner National Defense Authorization Act for Fiscal Year 2007 that added the Military Lending Act. Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. Existing law, the California Deferred Deposit Transaction Law, provides for the licensure and regulation by the commissioner of persons engaged in the business of making or arranging deferred deposit transactions. A willful violation of either the California Finance Lenders Law or the California Deferred Deposit Transaction Law is a crime. Existing law makes it unlawful under the California Finance Lenders Law and the California Deferred Deposit Transaction Law to violate the provision of the John Warner National Defense Authorization Act for Fiscal Year 2007 that added the Military Lending Act. This bill would amend the laws described above to update the references to the Military Lending Act in order to incorporate amendments to that act, and its applicable regulations. (2) Existing law provides that any person who violates specified provisions prohibiting discrimination against a member of the military or naval forces of this state or the United States, including discrimination with respect to the terms of a loan or financing based on that person's membership in the military or naval forces of this state or of the United States, is guilty of a misdemeanor. Existing law exempts from the discrimination provisions, with respect to loans and transactions covered by the section of the John Warner National Defense Authorization Act for Fiscal Year 2007 that added the Military Lending Act, any person who does not market or extend consumer loans to specified covered borrowers, and any person who does not market deferred deposit transactions to, or enter into such transactions with, specified covered borrowers. This bill would update the references to the Military Lending Act in order to incorporate amendments to that act, and its applicable regulations. (3) This bill would incorporate additional changes to Section 394 of the Military and Veterans Code proposed by AB 1710 to be operative only if this bill and AB 1710 are enacted and this bill is enacted last. (4) Because this bill amends state statutes, the violation of which is a misdemeanor, to include references to an updated federal statute, this bill would expand the scope of existing crimes, thereby imposing 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.
Existing law requires a court, on petition of a party to an arbitration agreement alleging (1) the existence of a written agreement to arbitrate a controversy and (2) that a party to the agreement refuses to arbitrate the controversy, to order the petitioner and the respondent to arbitrate the controversy if the court determines that an agreement to arbitrate exists, unless the court makes other determinations. This bill would add to these determinations instances in which a state or federally chartered depository institution is seeking to apply a written agreement to arbitrate, contained in a contract consented to by a respondent consumer, to a purported contractual relationship with that consumer that was created by the petitioner fraudulently without the consumer's consent and by unlawfully using the consumer's personal identifying information, as defined.
Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act) , encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a designated beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing state law authorizes a designated beneficiary, as defined, to have one ABLE account for these purposes. Existing state law creates the California ABLE Program Trust, the purposes, powers, and duties of which are vested in, and exercised by, the California ABLE Act Board, which is established under the Qualified ABLE Program. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions, requires the department to seek recovery from a decedent's estate for specified health care services, including home and community-based services, if the individual was 55 years of age or older when he or she received those health care services or against the real property of a Medi-Cal member of any age who is a permanently institutionalized individual who is an inpatient in a nursing facility, intermediate care facility for the intellectually disabled, or other medical institution. Existing law limits any claims against the estate of a decedent to only the real and personal property or other assets included in the individual's probate estate that are required to be subject to a claim for recovery under federal law. This bill would authorize, only to the extent permitted under federal law, the transfer of all amounts in the designated beneficiary's ABLE account to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. The bill would require the board, upon establishing a CalABLE account and prior to any transfer of funds from one ABLE account to another, to notify all designated beneficiaries or the estates of the designated beneficiaries, as applicable, of the potential tax consequences of transferring funds from one ABLE account to another pursuant to these provisions. This bill, following the death of a designated beneficiary, and only after the department has received approval by the federal Centers for Medicare and Medicaid Services, would prohibit the state from seeking recovery under the Medi-Cal estate recovery provisions of any amount remaining in the designated beneficiary's ABLE account for any amount of medical assistance paid under the state's Medicaid plan, and would prohibit the state from filing a claim for the payment under the ABLE Act.
The Alcoholic Beverage Control Act generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, or major tenant of certain stadiums, parks, entertainment complexes, and arenas, subject to specified conditions. Existing law requires the purchase of advertising space or time in this context to be conducted pursuant to a written contract with the on-sale licensee, with a specified exception. Existing law makes it a crime for an on-sale licensee to coerce certain licensees to purchase advertising space or time, as specified. This bill would expand the exceptions described above to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer's agents to purchase advertising space and time, in connection with described events, from, or on behalf of, on-sale retail licensees, as described above, at specified facilities located in the City and County of San Francisco. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. 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 incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by SB 582 and AB 1724 that would become operative if this bill and SB 582, this bill and AB 1724, or all 3 bills are enacted and this bill is enacted last.