Sen. Jim Nielsen

(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,300,000,000 from the General Fund to the Realignment Reinvestment Fund for the 2016–17 fiscal year, thereby making an appropriation. The bill would, beginning in the 2017–18 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year's estimate and the calculated prior fiscal year net savings, thereby making an appropriation. The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county's Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county's supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys be used to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county's local Community Corrections Partnership and to be voted on by an executive committee of each county's Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a 45 vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation and would require the director to report those estimates to the Legislature, as provided. The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill's provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. (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 these statutory provisions.

Existing law generally requires state agencies to obtain at least 3 competitive bids for each contract. Under existing law, this requirement does not apply under certain circumstances, including, among others, in cases of emergency where a contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property. This bill would establish specific procedures to govern bidding for emergency equipment rental agreements entered into by the Department of Forestry and Fire Protection (CalFire) and private vendors and the subsequent hiring of vendors. The bill would require that such an agreement be subject to competitive bidding, and awarded as prescribed. The bill would require that the Department of General Services conduct the competitive bidding process on behalf of CalFire, and ensure compliance with the Small Business Procurement and Contract Act and the California Disabled Veteran Business Enterprise Program for all prospective vendors claiming a preference. The bill would require CalFire to develop and implement an employee code of conduct.

The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. Under existing law, the regional centers purchase needed services for individuals with developmental disabilities through approved service providers or arrange for those services through other publicly funded agencies. Existing law establishes specified rates to be paid to certain service providers and the rates to be paid for certain developmental services. Existing law requires that rates to be paid to other developmental service providers either be set by the department or negotiated between the regional center and the service provider. Existing law prohibits certain provider rate increases, but authorizes increases to those rates as necessary to adjust employee wages to meet the state minimum wage law and to provide paid sick leave. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced, as specified. This bill would, to the extent that General Fund revenues for the 2014–15 fiscal year exceed the revenues estimated for that fiscal year in the Budget Act of 2015 and that General Fund revenues for the 2015–16 fiscal year are expected to exceed the revenues estimated for that fiscal year in the Budget Act of 2015, appropriate certain sums to the State Department of Developmental Services to increase rates for certain developmental service providers and to increase regional center operating budgets, and appropriate certain sums to the State Department of Health Care Services for the purpose of increasing Medi-Cal provider rates for providers whose rates were reduced. The bill would require the Director of Finance to determine the percentage increases to be provided to developmental service providers, regional center operating budgets, and Medi-Cal providers based on the amount by which General Fund revenues exceed, or are expected to exceed, the revenues budgeted for the 2014–15 and 2015–16 fiscal years. The bill would make the rate increases, if any, retroactive to July 1, 2015.

This measure would recognize the Lunar New Year Celebration.

This measure would proclaim January 13, 2016, as Korean American Day.

The California Constitution prohibits a committee or either house of the Legislature from hearing or acting upon a bill until 31 days after it has been introduced, unless the house dispenses with this requirement by a rollcall vote with ¾ of the membership concurring. The California Constitution also prohibits either house from passing a bill until the bill with amendments has been printed and distributed to the Members of the Legislature. This measure would authorize a committee to hear or act upon a bill before 31 days have passed following the bill's introduction if the bill, in the form to be considered by the committee, has been in print and published on the Internet for at least 15 days. This measure would also prohibit either house of the Legislature from passing a bill until it has been made available to the public, in print and on the Internet, for at least 72 hours before a vote on the measure, except for certain bills that address a state of emergency declared by the Governor. The California Constitution provides that the Budget Bill and other bills providing for appropriations related to the Budget Bill may be passed by a majority vote in each house of the Legislature and shall take immediate effect upon being signed by the Governor. The California Constitution defines "other bills providing for appropriations related to the budget bill" to mean bills identified as related to the budget in the Budget Bill passed by the Legislature. The California Constitution requires that the Legislature pass the Budget Bill by midnight on June 15 of each year. If the Budget Bill is not passed by the deadline, the California Constitution prohibits an appropriation from the current budget or future budget to pay any salary or reimbursement for travel or living expenses for Members of the Legislature during any regular or special session for the period from midnight on June 15 until the day that the Budget Bill is presented to the Governor. This measure would require that the Budget Bill be enacted by midnight on June 15. The measure would require that other bills that provide for appropriations relating to the Budget Bill be necessary to implement the budget. The measure would provide that a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is passed in each house by a majority vote shall not take effect if it is not enacted by midnight on June 15, thereby requiring a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is enacted after midnight on June 15 to be passed by a 23 vote. The measure would prohibit an appropriation to pay any salary or reimbursement for travel or living expenses for Members of the Legislature and the Governor from midnight on June 15 until the Budget Bill and all other bills providing for appropriations related to the Budget Bill are enacted.

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 individuals with developmental disabilities. Existing law requires the department to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Under existing law, the department allocates funds to private nonprofit entities known as regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. This bill would require the Department of Finance, upon the closure of the Sonoma Developmental Center, Fairview Developmental Center, or the nonsecured portion of the Porterville Developmental Center, to deposit the net savings from the closure of each center, as defined, into the Lanterman Act Community-Based Services Fund, s newly created fund. The bill would make the moneys in the fund available to the department, upon appropriation, to be used to supplement existing purchase-of-service funds used by regional centers to purchase services and supports for persons with developmental disabilities.