Existing law, until July 1, 2011, requires the Superintendent of Public Instruction to make prescribed computations each fiscal year to determine an adjusted entitlement to be apportioned to each special education local plan area for each incidence of disability. This bill would instead provide that these provisions would remain in effect indefinitely by deleting the repeal date. This bill would require the Superintendent, on or before January 31, 2012, to update the incidence multiplier used to determine the adjusted entitlement of each special education local plan area using data collected in or after 2008. The bill would require the Superintendent to allocate funds increasingly based upon calculations made using the updated incidence multiplier for the 2011–12 to 2015–16 fiscal years, inclusive, as specified. The bill would provide that this funding is contingent upon an appropriation made in the annual Budget Act or an appropriation contained in another measure.
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(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. This bill would establish the California Higher Education Endowment Corporation (CHEEC) in state government. The bill would establish an oversight board to govern the CHEEC and would require that board to appoint the chief executive officer of the CHEEC. The bill would require the CHEEC to annually allocate the moneys in the continuously appropriated California Higher Education Fund, which would be created by the bill, to the California Community Colleges, the California State University, and the University of California, as specified. (2) Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil and gas severance tax upon any producer, except as provided, for the privilege of severing oil or gas from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at a rate of 12.5% of the gross value of the product. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all taxes, penalties, and interest collected pursuant to these provisions in the California Higher Education Fund, as provided. Because this bill would expand application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Constitution, prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (1) authorizes the debt for a single object or work specified in the act, (2) has been passed by a 23 vote of all the members elected to each house of the Legislature, (3) has been submitted to the people at a statewide general or primary election, and (4) has received a majority of all the votes cast for and against it at that election. Existing law, the Kindergarten-University Public Education Facilities Bond Act of 2006, authorizes $10,416,000,000 of state general obligation bonds to provide aid to school districts, county superintendents of schools, county boards of education, the California Community Colleges, the University of California, the Hastings College of the Law, and the California State University to construct and modernize education facilities. This bill would enact the Kindergarten-University Public Education Facilities Bond Act of 2012 to authorize an unspecified sum of state general obligation bonds to provide aid to the California Community Colleges, the University of California, the Hastings College of the Law, and the California State University to construct and modernize education facilities. The bond act would become operative only if approved by the voters at the November 6, 2012, statewide general election, and would provide for its submission to the voters at that election.
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 establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law requires community colleges to offer instruction through, but not beyond, the 2nd year of college and authorizes community colleges to grant associate in arts and science degrees. This bill would authorize the Grossmont-Cuyamaca Community College District and the San Mateo County Community College District to establish one baccalaureate degree pilot program per campus. This bill would require a baccalaureate degree pilot program to expire 8 years after the establishment of the program. If one or more of the authorized districts establish a baccalaureate program, this bill would require the districts to meet specified requirements, including, but not limited to, offering baccalaureate degrees in a limited number of fields of study, and submitting a report to the Legislature within one year prior to the expiration of the baccalaureate degree pilot program that would evaluate specified factors. This bill would also require, if one or more of the authorized districts establish a baccalaureate program, the governing boards of the districts to perform certain functions and would authorize the governing boards to charge baccalaureate degree-seeking students a fee for enrollment in specified courses, which would be required to be expended for the purpose of providing a pilot program. This bill would authorize the governing boards of the districts to enter into agreements with local businesses and agencies to provide educational services to students participating in a baccalaureate degree pilot program.
The California Private Postsecondary Education Act of 2009 (the act) requires the Bureau for Private Postsecondary Education, by January 1, 2011, to adopt regulation procedures governing the administration and maintenance of the Student Tuition Recovery Fund, including requirements relating to assessments on students and student claims against the Student Tuition Recovery Fund. Existing law provides that an institution that is accredited by a regional accrediting agency that is recognized by the United States Department of Education, and is not an agency holding specified accreditation, is exempt from the provisions related to the act except for the Student Tuition Recovery Fund. This bill would provide that the bureau may revoke this exemption if it finds that an institution has failed to comply with the provisions related to the Student Tuition Recovery Fund. This bill would require the bureau to adopt, by regulation, requirements relating to assessments on students that are paid by an institution on behalf of the student. The regulations authorized by the bill would allow institutions to pay the assessments, as specified, and would require the paying institution to adequately inform students of their rights and responsibilities under the fund and would further institutions do not engage in inappropriate marketing or advertising, as specified.
Existing law establishes the California Postsecondary Education Commission as the statewide postsecondary education coordinating and planning agency and requires the commission to be advisory to the Governor, the Legislature, other appropriate government officials, and institutions of postsecondary education. This bill would require the commission to complete a study and make recommendations concerning the feasibility of establishing and expanding postsecondary education opportunities in Chula Vista, California.
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. This bill would appropriate the sum of $7,300,000 from the General Fund to the Department of Veterans Affairs to provide for specified veterans' services.
Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi‑Cal program administered by the State Department of Health Care Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. Commencing January 1, 2014, the federal Patient Protection and Affordable Care Act requires every individual to be covered under minimum essential coverage, as specified, and requires every health insurance issuer issuing individual or group health insurance coverage to accept every employer and individual who applies for coverage. Existing law establishes the California Health Benefit Exchange to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. The bill would create the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. The bill would create the Office of Patient Advocacy within the agency to represent the interests of health care consumers relative to the system. The bill would create within the agency the Office of Health Planning to plan for the health care needs of the population, and the Office of Health Care Quality, headed by a chief medical officer, to support the delivery of high-quality care and promote provider and patient satisfaction. The bill would create the Office of Inspector General for the California Healthcare System within the Attorney General's office, which would have various oversight powers. The bill would prohibit health care service plan contracts or health insurance policies from being issued for services covered by the California Healthcare System, subject to appropriation by the Legislature, and would authorize the collection of penalty moneys for deposit into the Healthcare Fund, which the bill would create. The bill would create the Payments Board to administer the finances of the California Healthcare System. The bill would create the California Healthcare Premium Commission (Premium Commission) to determine the cost of the California Healthcare System and to develop a premium structure for the system that complies with specified standards. The bill would require the Premium Commission to recommend a premium structure to the Governor and the Legislature on or before January 1, 2014, and to make a draft recommendation to the Governor, the Legislature, and the public 90 days before submitting its final premium structure recommendation. The bill would specify that only its provisions relating to the Premium Commission would become operative on January 1, 2013, with its remaining provisions becoming operative on the earlier of the date the Secretary of California Health and Human Services notifies the Legislature, as specified, that sufficient funding exists to implement the California Healthcare System and the date the secretary receives the necessary federal waiver under the federal Patient Protection and Affordable Care Act. The bill would extend the application of certain insurance fraud laws to providers of services and products under the system, thereby imposing a state-mandated local program by revising the definition of a crime. The bill would enact other related provisions relative to budgeting, regional entities, federal preemption, subrogation, collective bargaining agreements, compensation of health care providers, conflict of interest, patient grievances, and independent medical review. 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 authorizes any designated law enforcement agency, including the Department of Justice, every district attorney, the Department of Corrections and Rehabilitation, and every state or local agency expressly authorized by statute to investigate or prosecute law violators, to provide information to the public about a person who is required to register as a sex offender, as specified, when disclosing that information is necessary to ensure the public safety, based upon information available to the entity concerning that specific person. Existing law requires that community notification by way of an Internet Web site be governed by this provision and prohibits a law enforcement entity from posting on an Internet Web site any information identifying an individual as a person required to register as a sex offender, except as specified and unless there is a warrant outstanding for that person's arrest. This bill would expand the provisions described above relating to community notification regarding a registered sex offender by way of an Internet Web site to include, upon request, e-mail or other electronic notification. Existing law also authorizes a designated law enforcement entity to make available by way of an Internet Web site certain identifying information regarding a person who is required to register as a sex offender if it determines that the public disclosure of the information about a specific offender by way of the entity's Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender. Existing law provides that the information released pursuant to these provisions includes, among others, the description and license plate number of the offender's vehicle, the type of victim targeted by the offender, and relevant parole or probation conditions. This provision also prohibits the disclosure of the person's address, unless that address is already on the Department of Justice Internet Web site, as specified. Any person who uses information disclosed pursuant to these provisions to commit a felony shall be punished, in addition and consecutive to any other punishment, by a 5-year term of imprisonment in the state prison. This bill would remove the authority to provide the description and license plate number of the offender's vehicle, the type of victim targeted by the offender, and relevant parole or probation conditions, and instead would permit the release of other specified information to be provided, upon request, by e-mail or other electronic notification, including the community of residence and ZIP Code in which the person resides.
Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election, provides that any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished, as specified. Existing law defines "a pattern of criminal gang activity" as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, 2 or more listed offenses. Proposition 21 may be amended by a statute passed by a 23 vote of the membership of each house of the Legislature. This bill would add pimping, pandering, and human trafficking as offenses that may be used to establish a pattern of criminal activity for those purposes. Because this bill would amend Proposition 21 it therefore requires a 23 vote. Because this bill would change the definition of a crime, it would impose a state-mandated local program. The bill would also correct cross-references and make conforming 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 no reimbursement is required by this act for a specified reason.