The Corporation Tax Law imposes a tax according to, or measured by, income derived from or attributable to sources within this state and authorizes various credits against the taxes imposed by that law. This bill would make technical, nonsubstantive changes to those provisions.
(1) Existing law generally prohibits the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, from being required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality. This bill would expand the exemption to other provisions relating to water use, including provisions that require the payment of fees to the State Water Resources Control Board (board) for official services relating to statements of water diversion and use. (2) Existing law authorizes the board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Existing law requires the board to take appropriate actions to prevent waste or the unreasonable use of water. Under existing law, the board makes determinations with regard to the availability of recycled water. This bill would authorize the board, in conducting an investigation or proceeding for these purposes, to order any person or entity that diverts water or uses water to submit a technical or monitoring report related to the diversion or use of water by that person or entity, if the report is in that person's or entity's possession or control, and would authorize the board to require specified persons and entities to prepare and submit technical and monitoring reports. The bill would authorize the board, in connection with the investigation or proceeding, and with the consent of the owner or possessor of the facilities or pursuant to a warrant, to inspect the facilities of any person or entity to determine compliance with specified water use requirements. (3) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the administrative imposition of civil liability by the board for a trespass in an amount not to exceed $500 for each day in which the trespass occurs. Moneys generated by the imposition of civil liability under these provisions are deposited in the Water Rights Fund. This bill would provide that, for a first enforcement proceeding, a person or entity committing a trespass may be liable either in an amount not to exceed the sum of $1,000 for each day in which the trespass occurs, if the unauthorized diversion or use does not exceed 1,000 acre feet, or, if the unauthorized diversion or use exceeds 1,000 acre feet, in an amount not to exceed the sum of either $1,000 for each day in which the trespass occurs or the economic benefit of the violation, as specified, whichever is the greater amount. For a subsequent enforcement proceeding, the bill would provide that the person or entity committing the trespass may be liable in an amount not to exceed either $5,000 for each day in which the trespass occurs, as specified, or the economic benefit of the violation, as defined, whichever is the greater amount. The moneys would be required to be deposited in the Water Rights Fund, as specified. (4) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the board a prescribed statement of diversion and use. Existing law requires a statement to include specified information, including, on and after January 1, 2012, monthly records of water diversions. This bill would establish a rebuttable presumption, as specified, in any proceeding before the board in which it is alleged that a right to appropriate water has ceased or is subject to prescribed action, that no use required to be included in a statement of diversion and use occurred unless that use is included in a statement that is submitted to the board within a specified time period. The bill would require certain statements submitted to the board, that are canceled for nonpayment of fees, to be deemed submitted for purposes of that presumption. The bill would require a person who files a statement of diversion and use, and certain petitions involving a change in a water right, to pay an annual fee, for deposit in the Water Rights Fund. The bill would include as recoverable costs, for which the board may be reimbursed from the fund upon appropriation therefor, costs incurred in connection with carrying out requirements relating to the statements of diversion and use and the performance of duties under provisions that require the reasonable use of water. (5) Existing law authorizes the board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements, including requirements set forth in a decision or order relating to the unauthorized use of water. Any person who violates a cease and desist order may be liable in an amount not to exceed $1,000 for each day in which the violation occurs. Revenue generated from these penalties is deposited in the Water Rights Fund. This bill would increase, as specified, the civil penalties that apply to a person who violates a cease and desist order. The bill would impose civil liability, in an amount not to exceed $500 for each day in which a violation occurs, for a failure to comply with various reporting or monitoring requirements. The bill would authorize the board to impose additional civil liability, in an amount not to exceed $500 for each day in which a violation occurs, for the violation of a permit, license, certificate, or registration, or an order or regulation involving the unreasonable use of water. The board would be required to establish a schedule of penalties that applies to small farms for de minimis water right violations. Funds derived from the imposition of these civil penalties would be deposited in the Water Rights Fund, as specified.
(1) Existing law requires that, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the layoffs occur in order of employee seniority. Existing law provides certain exceptions to this requirement, including an exception for purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. Existing law requires, for 39 months from the date of termination, that any employee who in the meantime has not attained 65 years of age have the preferred right to reappointment, in the order of original employment, as specified. Existing law provides certain exceptions to this requirement, including an exception for purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. This bill would provide that this exception relates to both pupils and certificated employees. The bill would require that, when classroom teachers, as defined, are subject to notice and layoffs pursuant to these provisions, that the proportion of classroom teachers terminated at schools in deciles 1 to 3, inclusive, of the Academic Performance Index in any given year as part of a reduction in the number of employees pursuant to these provisions be no greater than the proportion of classroom teachers noticed and, when applicable, terminated, respectively, in the school district as a whole. (2) Existing law requires, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given by the governing board to the employee, in a prescribed manner, before May 15. Existing law requires the superintendent of the district, prior to March 15 and before an employee is given the described notice, to give written notice to the governing board and the employee that it has been recommended that the notice be given to the employee, and stating the reasons therefor. Existing law authorizes an employee who is given this notice to request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. Existing law requires that an administrative law judge conduct this hearing, and issue a proposed decision to the governing board containing certain findings of fact and a determination as to the sufficiency of cause for the termination. This bill would require that this determination also include a determination as to whether the notices of termination issued at schools in deciles 1 to 3, inclusive, of the Academic Performance Index violate the aforementioned limit on terminations of classroom teachers.
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.
Existing law defines marriage as a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. This bill would instead define the term civil marriage as a personal relation arising out of a civil contract between a man and a woman, established pursuant to a State of California marriage license issued by the county clerk, to which the consent of the parties capable of making that contract is necessary. The bill would also make conforming related changes by changing certain references to marriage to civil marriage. Existing law enumerates persons who are authorized to solemnize a marriage, including, but not limited to, any priest, minister, rabbi, or authorized person of any religious denomination. The bill would specify that no priest, minister, rabbi, or authorized person of any religious denomination, or his or her religious denomination, would be required to solemnize a marriage that is contrary to the tenets of his, her, or its faith. The bill would state that any refusal to solemnize a marriage under that provision shall not affect the tax exempt status of any entity.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses, including, but not limited to, pervasive developmental disorder or autism, under the same terms and conditions applied to other medical conditions, as specified. This bill would state the intent of the Legislature to enact legislation to provide clarification on the duties imposed upon health care service plans and health insurers to inform consumers about the coverage provided for the diagnosis and treatment of autism and pervasive developmental disorders under the existing mental health parity law.
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 establishes the partnership academies program as a school-business partnership program to provide occupational training to educationally disadvantaged high school pupils. Under existing law, the Superintendent of Public Instruction is required to award grants to school districts maintaining high schools to plan, establish, and maintain these partnership academies. Existing law requires the surcharge imposed on the consumption of electricity in the state to be transferred to the Energy Resources Programs Account in the General Fund, which is available, upon appropriation by the Legislature, for ongoing energy programs and projects. This bill would require the Controller annually to allocate $8,000,000 from the Energy Resources Program Account, upon appropriation by the Legislature, to the Superintendent of Public Instruction for expenditure in the form of local grants to be allocated pursuant to the existing provisions for creating and maintaining partnership academies. The bill would require a grantee to implement or maintain a partnership academy that focuses on employment in clean technology businesses and renewable energy businesses and provides skilled workforces for the products and services for energy or water conservation, or both, renewable energy, pollution reduction, or other technologies. The bill would require the State Energy Resources Conservation and Development Commission, in consultation with the State Department of Education, to develop guidelines, that would be exempted from the Administrative Procedure Act, to ensure that programs receiving grants reflect current state energy policies and priorities as well as provide skills and education linked to the needs of relevant industries. The bill would authorize a school district to apply for planning grants for implementing a partnership academy and would allow the Superintendent to expend up to 5% of the funds transferred to the Superintendent to pay the costs incurred in the administration of this program. The bill would require the State Department of Education in consultation with the State Energy Resources Conservation and Development Commission to provide a report to the Legislature that includes a description of the curriculum and substance of the programs funded by grants awarded pursuant to these provisions, and specified data. The bill would provide that the bill's provisions would become inoperative on June 30, 2016, and, as of January 1, 2017, would repeal these provisions.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law provides for the Health Care Coverage Initiative, which is a federal waiver demonstration project established to expand health care coverage to low-income uninsured individuals who are not currently eligible for the Medi-Cal program, the Healthy Families Program, or the Access for Infants and Mothers program. Existing law provides for the repeal of the department's authority under the Health Care Coverage Initiative upon the execution of a declaration by the Director of Health Care Services specifying that the demonstration project has been terminated. This bill would, alternatively, authorize the director to continue and administer any extensions, modifications, or continuation of the projects under the Health Care Coverage Initiative approved by the federal Centers for Medicare and Medicaid Services. This bill would, in this regard, only to the extent that federal financial participation is available and only to the extent that federal financial participation is not jeopardized, require the department, on or after November 1, 2010, but no later than March 1, 2011, or 180 days after federal approval of a successor demonstration project, as defined, to authorize local Coverage Expansion and Enrollment Demonstration (CEED) projects, as specified, to provide scheduled health care benefits for uninsured adults 19 to 64, inclusive, years of age with incomes up to 133% of the federal poverty level who are not otherwise eligible for Medi-Cal or Medicare. This bill would require CEED projects to be designed and implemented with the systems and program elements necessary to facilitate the transition of those eligible individuals to the Medi-Cal program, or alternatively, to coverage through the California Health Benefit Exchange, by 2014, pursuant to the provisions of federal and state law, and the terms and conditions of the demonstration project. This bill would also provide that, to the extent federal financial participation is made available under the terms and conditions of the demonstration project, CEED project services may be made available to individuals with incomes between 134% to 200%, inclusive, of the federal poverty level. This bill would require the department to approve any CEED project that, in addition to meeting specified requirements, voluntarily agrees to commit, on an annual basis, to provide the nonfederal share of CEED project expenditures for services to individuals who meet income eligibility standards specified for the CEED project. This bill would provide that no state General Fund moneys shall be used to fund CEED project services, nor to fund any related administrative costs incurred by counties or any other political subdivision of the state. This bill would provide that, subject to the terms and conditions of the demonstration project, if a participating entity elects to fund the nonfederal share of a CEED project, the nonfederal funding and payments to the CEED project shall be provided through one of the specified mechanisms, at the option of the participating entity. This bill would establish the CEED Project Fund in the State Treasury and would require that all moneys in the fund be continuously appropriated to the department for purposes relating to the CEED projects, as specified. It would permit counties, under one of the funding mechanisms, to transfer moneys into the fund for this purpose. This bill would become operative only if Senate Bill 208 of the 2009-10 Regular Session of the Legislature is enacted. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Under existing law, the department is authorized to contract for the provision of Medi-Cal services through certain managed care options, including the geographic managed care model. Under existing law, Sacramento County provides, in part, Medi-Cal services through a geographic managed care health plan. This bill would permit the Sacramento County Department of Health and Human Services to establish a stakeholder advisory committee to provide input to the department on the delivery of health care services provided in the county, as specified. This bill would, except under specified circumstances, permit the advisory committee to request in writing and receive final reports submitted to the department by any managed care health plan operating in Sacramento County. Existing law provides that clinics and hospital outpatient departments, except for emergency rooms, that are owned and operated by Los Angeles County and participated in a specified Medicaid demonstration project for Los Angeles County, shall be reimbursed under a cost-based methodology, as specified, on and after July 1, 2005. This bill would provide that, to the extent permitted by federal law and that federal financial participation is available, if the department implements a Medi-Cal managed care expansion program that includes beneficiaries who are seniors or persons with disabilities, payments received by the clinics and outpatient departments described above shall be equivalent to what otherwise would have been received on a fee-for-service basis. Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. This bill would, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, require the department to establish pilot projects in up to 4 counties, as specified, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would require the department to, not sooner than March 1, 2011, identify health care models that may be included in a pilot project, to develop a timeline and process for selecting, financing, monitoring, and evaluating the pilot projects, and to provide this timeline and process to certain committees of the Legislature. Existing law establishes the Medi-Cal Hospital/Uninsured Care Demonstration Project Act, which revises hospital supplemental payment methodologies under the Medi-Cal program in order to maximize the use of federal funds consistent with federal Medicaid law and to stabilize the distribution of funding for hospitals that provide care to Medi-Cal beneficiaries and uninsured patients. This demonstration project provides for funding, in supplementation of Medi-Cal reimbursement, to various hospitals, including designated public hospitals, nondesignated public hospitals, and private hospitals, as defined, in accordance with certain provisions relating to disproportionate share hospitals. This bill would provide that, in the event of a partial-year extension of the demonstration project, the director shall have discretion to determine allocations for the extension period, as specified. Existing law, subject to federal approval, requires the department to make supplemental payments for certain services, as specified, to private hospitals, nondesignated public hospitals, and designated public hospitals, as defined, for subject federal fiscal years, as defined. This bill would, instead, require that the department make the supplemental payments described above for subject fiscal years, as defined. This bill would make various changes to the formulas used to determine the amount of the supplemental payments to the hospitals. Existing law provides that no payments shall be made to a converted, private or nondesignated hospital, for the subject federal fiscal year in which the hospital becomes a converted hospital or for subsequent federal fiscal years. This bill would, instead, provide that no payments shall be made to a converted hospital, as described above, for the portion of the subject fiscal year that begins October 1 and ends June 30, for the subject fiscal year that includes the first day of the subject federal fiscal year in which the hospital becomes a converted hospital, and for all subsequent subject fiscal years. Existing law requires the director to seek federal approval to allow payments to specified converted, nondesignated public hospitals for the period beginning July 1, 2010, and ending December 31, 2010. This bill would, instead, require the director to seek federal approval to allow these payments for the period beginning July 1, 2010, and ending June 30, 2011. Existing law requires that designated public hospitals be paid direct grants in support of health care expenditures, as specified. Under existing law, the aggregate amount of these grants for each subject federal fiscal year shall be $295,000,000. This bill would, instead, provide that the aggregate amount of the grants shall be $73,750,000 for each subject fiscal quarter, as defined. Existing law requires the department to increase capitation payments to Medi-Cal managed health care plans and to increase payments to mental health plans, for specified subject federal fiscal years. Under existing law, the aggregate amount of increased capitation payments for a federal fiscal year shall be $729,829,205 multiplied by the percentage of the subject federal fiscal year for which federal approval is obtained, as specified. This bill would, instead, provide that the increased capitation payments to Medi-Cal managed health care plans shall be made for subject fiscal years, as defined, and that the aggregate amount for all subject fiscal years shall be $1,277,201,209, or the maximum amount for which federal financial participation is available, whichever is lower. This bill would also provide that the aggregate amount of the increased payments to mental health plans for a subject fiscal quarter shall be the total of the individual hospital acute psychiatric supplemental payment amounts for all hospitals for which federal financial participation is available. Existing law, subject to federal approval, also imposes, as a condition of participation in state-funded health insurance programs other than the Medi-Cal program, a quality assurance fee, as specified, on certain general acute care hospitals through and including December 31, 2010. Existing law creates the Hospital Quality Assurance Revenue Fund in the State Treasury and requires that the money collected from the quality assurance fee be deposited into the fund. Existing law provides that the moneys in the fund shall, upon appropriation by the Legislature, be available only for certain purposes, in a specified order of priority. This bill would delete the provision that specifies that the fee shall be imposed only as a condition of participation in state-funded health insurance programs. This bill would also modify the order of priority of the purposes for which the money in the Hospital Quality Assurance Revenue Fund shall be appropriated. Existing law requires the department to seek a demonstration project or federal waiver of Medicaid law to implement specified objectives, which may include better care coordination for seniors and persons with disabilities and children with special health care needs. This bill would, in this regard, provide that to the extent the provisions under the Medi-Cal Hospital/Uninsured Care Demonstration Project Act do not conflict with the provisions of, or the terms and conditions of, the above-described demonstration project, the provisions of the Medi-Cal Hospital/Uninsured Care Demonstration Project Act shall apply. This bill would, in furtherance of the waiver or demonstration project and to the extent that federal financial participation is available, permit the department to require seniors and persons with disabilities who do not have other health coverage to be assigned as mandatory enrollees into new and existing managed care health plans, as specified. This bill would provide that enrollment of seniors and persons with disabilities shall be accomplished using a phased-in process and shall not commence until necessary federal approvals have been acquired, or until June 1, 2011, whichever is later. The bill would impose various requirements upon managed care health plans participating in the demonstration project. This bill would, beginning January 1, 2012, require managed care health plans to comply with quality submission standards developed by the department as prescribed. This bill would provide that, in implementing the provision described above that would require seniors and persons with disabilities who do not have other health coverage to be assigned as mandatory enrollees into new or existing managed care health plans, a public entity, as defined, may, if specified requirements are met, elect to, on a voluntary basis, participate in intergovernmental transfers to be used solely as the nonfederal share of Medi-Cal payments to managed care health plans for the provision of services to Medi-Cal beneficiaries. This bill would require, to the extent authorized under a federal waiver or demonstration project described above, the department to develop a program of investment, improvement, and incentive payments for designated public hospitals to encourage and incentivize delivery system transformation and innovation in preparation for the implementation of federal health care reform. This bill would establish the Public Hospital Investment, Improvement, and Incentive Fund in the State Treasury, which shall consist of any moneys transferred by a county, other political subdivision of the state, or other governmental entity in the state for deposit in the fund. The bill would provide that the fund shall be continuously appropriated to the department to be used as the source for the nonfederal share of investment, improvement, and incentive payments to participating designated public hospitals, as specified. Existing law, the Robert W. Crown California Children's Services Act, requires the department and each county to administer the California Children Services (CCS) program for treatment services for persons under 21 years of age diagnosed with severe chronic disease or severe physical limitations, as specified. This bill also would, in furtherance of the waiver or demonstration project, require the Director of Health Care Services to establish, by January 1, 2012, models of organized health care delivery systems, as specified, for children eligible for services under the CCS program. This bill would provide that, to the extent permitted by federal law, the department may require eligible individuals to enroll in these models. This bill would also permit the Managed Risk Medical Insurance Board to elect, with the consent of the director, to permit children enrolled in the Healthy Families Program who are eligible for CCS services to enroll in these organized health care delivery models. This bill would become operative only if AB 342 of the 2009–10 Regular Session of the Legislature is enacted. This bill would declare that it is to take effect immediately as an urgency statute.
