(1) Under existing law, a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds of a memorandum of understanding entered into between the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. This bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would authorize the state employer and the affected employee organizations to reopen negotiations on all or part of the memorandum of understanding if the Legislature does not approve or fully fund any provision of the memorandum of understanding that requires the expenditure of funds. (2) The Public Employees' Retirement Law (PERL) provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation. PERL prescribes contribution rates for state employees who are state miscellaneous, state industrial, state safety members, patrol members, or state peace officer/firefighter members, among others, in amounts based on percentages of monthly compensation. PERL reduces those contributions by excepting from the definition of monthly compensation specified amounts ranging between $238 and $863, based on member classification, among other things. Member contributions are deposited into the Public Employees' Retirement Fund, which is a continuously appropriated trust fund. This bill would increase the contribution rates by 3% for those state miscellaneous or state industrial members, and state safety members of State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21. The bill would also increase the rate of contribution for a state employee who is excepted from the definition of "state employee," and for an officer or employee of the executive branch who is not a member of civil service as follows: the rate for state miscellaneous or state industrial members would increase to 9% for those employees not included in the federal system, and to 8% for those included in the federal system, except that for those persons related to Bargaining Unit 2, the increase would be to 10% or 9%, respectively; the rate for state safety members would increase to 9%; the rate for peace officer/firefighter members who are related to Bargaining Unit 6 or 7 would increase to 11%. By increasing member contributions into a continuously appropriated fund, this bill would make an appropriation. (3) The annual Budget Act appropriates specified amounts from the General Fund, unallocated special funds, and unallocated nongovernmental cost funds, for state employee compensation. This bill would, in the event that the annual Budget Act is not enacted prior to July 1 of each year covered by the memoranda of understanding for State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, provide for a continuous appropriation for the amount necessary for the payment of compensation and benefits to members of those bargaining units. (4) Existing law requires the Department of Personnel Administration to provide a memorandum of understanding to the Legislative Analyst who shall have 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days has elapsed since the memorandum was received by the Legislative Analyst. This bill would state that any failure to comply with those provisions shall not affect the validity of this act. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
This measure adopts the Joint Rules of the Senate and Assembly for the 2009–10 Regular Session, as set forth in Senate Concurrent Resolution No. 1, as the Joint Rules, except as specified, for the 2009–10 Sixth Extraordinary Session.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. This bill would exempt from those taxes, on or after specified dates beginning March 15, 2011, the gross receipts from the sale of, and the storage, use, or other consumption of, tangible personal property purchased by a qualified person, as defined, for use in the manufacturing process, as specified, and tangible personal property purchased for use by a contractor to perform a construction contract for a qualified person, for specified purposes. This bill would state the intent of the Legislature to extend this exemption to all manufacturing activity on and after July 1, 2013. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes. The Corporation Tax Law imposes taxes measured by income and, in the case of a business with income derived from or attributable to sources both within and without this state, apportions the income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. Existing law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to make an annual election to have that income apportioned in accordance with a single sales factor formula, except as provided. This bill would, for a taxpayer that would otherwise be able to elect to have its income apportioned in accordance with a single sales factor formula, require the taxpayer to apportion its income in accordance with a single sales factor formula. This bill would take effect immediately as a tax levy.
Existing law establishes the California Education Information System, which consists of the California Longitudinal Pupil Achievement Data System (CALPADS) and the California Longitudinal Teacher Integrated Data Education System. Existing law requires the State Department of Education under CALPADS to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data. Existing law requires local educational agencies to retain individual pupil records for each test taker, including other data elements deemed necessary by the Superintendent of Public Instruction, with approval of the State Board of Education, to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001. This bill would require the department, contingent on federal funding for this purpose and in consultation with the Department of Finance and the Legislative Analyst's Office, to prepare CALPADS to include data on a quarterly rate of pupil attendance. The bill would require that CALPADS be capable of issuing to local educational agencies periodic reports on district, school, class, and individual pupil rates of absence and chronic absentees, as defined. The bill would state the intent of the Legislature to support the development of early warning systems to identify and support individual pupils who are at risk of academic failure or of dropping out of school. Existing law requires the Superintendent annually to submit to the Governor, the Legislature, and the State Board of Education a report on dropouts using the data produced by CALPADS. This bill would require the report to include chronic absentee rates when that data is available. The bill would make implementation of the provisions regarding the inclusion of pupil attendance data in CALPADS contingent upon the appropriation of federal funds specifically for the purposes of those provisions.
(1) Existing law requires that a child be admitted to kindergarten at the beginning of a school year, or at any time later in the same year if the child will have his or her 5th birthday on or before December 2 of that school year. An elementary school is required to admit a child to the first grade during the first month of a school year if the child will have his or her 6th birthday on or before December 2 of that school year. This bill would change the required birthday for admission to kindergarten and first grade to November 1 for the 2012–13 school year, October 1 for the 2013–14 school year, and September 1 for the 2014–15 school year and each school year thereafter, and would require a child whose admission to a traditional kindergarten is delayed to be admitted to a transitional kindergarten program, as defined. The bill would require pupils who are participating in transitional kindergarten to be included in computing the average daily attendance of a school district in accordance with specified requirements. To the extent those changes establish new administrative duties on the governing boards of school districts in implementing the changes, they 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, 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.
The federal Victims of Trafficking and Violence Protection Act of 2000 establishes an Interagency Task Force to Monitor and Combat Trafficking, as specified. Existing state law makes human trafficking a crime. Existing state law also allows a victim of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. Existing law generally regulates various business activities and practices, including those of retail sellers and manufacturers of products. This bill would enact the California Transparency in Supply Chains Act of 2010, and would, beginning January 1, 2012, require retail sellers and manufacturers doing business in the state to disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale, as specified. That provision would not apply to a retail seller or manufacturer having less than $100,000,000 in annual worldwide gross receipts. The bill would also make a specified statement of legislative intent regarding slavery and human trafficking. The bill would also require the Franchise Tax Board to make available to the Attorney General a list of retail sellers and manufacturers required to disclose efforts to eradicate slavery and human trafficking pursuant to that provision, as specified.
Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Under existing law, the State Department of Mental Health is allowed to advance, in equal monthly increments, up to 95% of the annual funds due to community mental health programs. This bill would remove the restriction to 12 monthly installments and a maximum of 95% for advances. Existing law provides for administration of the Early and Periodic Screening, Diagnosis, and Treatment Program (EPSDT) by the State Department of Mental Health. Existing law separately establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services, including mental health services are provided to qualified low-income persons. The Medi-Cal program is partially governed and funded under federal Medicaid provisions. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. Existing law requires the department to allocate the contracted amount to the mental health plan (MHP) at the beginning of the contract period. This bill would require the State Department of Mental Health to allocate and distribute annually the full appropriated amount to the MHP for the managed mental health program, exclusive of the EPSDT component. Existing law requires MHPs to have sufficient matching funds on deposit with the department as matching funds necessary for federal financial participation, as specified. This bill would eliminate this requirement. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF) to fund various county mental health programs. The act may be amended by the Legislature only by a 23 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote. Under existing law, funding for the Mental Health Services Act is required to be used to expand mental health services, but may be loaned to the General Fund, as provided. This bill would, instead, subject to the availability of funding in the MHSF, require the State Department of Mental Health to distribute in a single lump sum the total approved funding, as defined, to the counties for the provision of programs and other activities, as specified.
Existing law, the Planning and Zoning Law, requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community's supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first. This bill would authorize the notice to be filed any time within 5 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed. Existing law establishes a rebuttable presumption, in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, of the validity of a housing element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with specified provisions of existing law. This bill would provide that in any action brought against a city, county, or city and county to challenge the adequacy of a housing element, if a court finds that the adopted housing element or amended housing element for the current planning period substantially complies with specified provisions, the element or amendment be deemed to satisfy any condition of a state-administered housing grant program requiring a department finding of housing element compliance.
Existing law provides various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the Healthy Families Program. Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers, as specified, and meets certain other requirements. This bill would enact the California Patient Protection and Affordable Care Act, and would, contingent on the enactment of SB 900, which would create the California Health Benefit Exchange (the Exchange) , specify the powers and duties of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans, and would require the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and qualified small employers by January 1, 2014. The bill would create the California Health Trust Fund as a continuously appropriated fund and would make the implementation of these provisions contingent on a determination by the board that sufficient financial resources exist or will exist in the fund, as specified. The bill would enact other related provisions. The bill would impose various requirements on participating plans and insurers and, commencing January 1, 2014, on nonparticipating plans and insurers, as specified. Because a willful violation of these requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. Under existing law, the California Health Facilities Financing Authority Act, the California Health Facilities Authority is empowered to make loans under certain conditions from the continuously appropriated California Health Facilities Financing Authority Fund to nonprofit corporations or associations for financing or refinancing the acquisition, construction, or remodeling of health facilities. This bill would authorize the authority to provide a working capital loan of up to $5 million to assist in the establishment and operation of the California Health Benefit Exchange. The bill would require that loans awarded under the bill be made from the California Health Facilities Authority Fund and would require repayment of the loan by a specified date. Because the bill would expand the purposes for which a continuously appropriated fund may be used, it would make an appropriation. 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.
(1) Existing law provides for the out-of-home placement of children who are unable to remain in the custody and care of their parent or parents, and provides for a range of child welfare, foster care, and adoption assistance services for which these children may be eligible. Existing federal law, the Fostering Connections to Success and Increasing Adoptions Act of 2008, revises and expands federal programs and funding for certain foster and adopted children. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including facilities that provide care for foster children, by the State Department of Social Services. A violation of these provisions is a misdemeanor. Existing law authorizes the placement of children with varying designations and varying needs in the same facility under specified circumstances. This bill would extend these provisions to also include nonminor dependents commencing January 1, 2012. The bill would define the term "nonminor dependent" and related terms for purposes of the bill. This bill, commencing no later than July 1, 2012, would require the department, in consultation with specified government and other entities, to revise regulations regarding health and safety standards for licensing foster family homes and community care facilities in which nonminor dependents of the juvenile court are placed under the responsibility of the county welfare or probation department or an Indian tribe that has entered into a specified agreement with the department. Under existing law, the California Community Care Facilities Act does not apply to designated categories of facilities, including, among others, the home of a relative caregiver or nonrelative extended family member of a child placed by a juvenile court, as specified. This bill would include, on and after January 1, 2012, a supervised independent living setting, and a THP-Plus-Foster Care placement, as established by the bill, for a nonminor dependent placed by the juvenile court on the list of facilities to which the act does not apply. The bill would require the department to convene a workgroup to establish a new rate structure for THP-Plus-Foster Care placements, and would require counties to submit to the department a plan setting forth how the county would provide for the THP-Plus-Foster Care program, as specified. By requiring counties to perform additional duties with respect to implementation of the THP-Plus-Foster Care program, this bill would impose a state-mandated local program. (2) Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances. This bill would expand the jurisdiction of the juvenile court, effective January 1, 2012, to include a child who had been previously removed from the custody of his or her parent and placed in foster care, who was also declared a delinquent ward of the court, as specified. The bill would authorize a court to modify an existing order with respect to the delinquent ward under these circumstances and assert dependency jurisdiction, as specified. Existing law authorizes a juvenile court to retain jurisdiction over any person who is found to be a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law places certain minors for whom a guardianship has been established within the jurisdiction of the juvenile court. This bill would expand the court's jurisdiction to include, on and after January 1, 2012, a nonminor dependent who is receiving specified kinship guardian assistance payments. This bill would extend the court's jurisdiction to a ward who has been placed into foster care or a dependent who reaches the age of majority before jurisdiction is terminated until the nonminor reaches 21 years of age. The bill, commencing January 1, 2012, would allow a nonminor who left foster care at or after the age of majority to petition the court to have dependency or delinquency jurisdiction resumed, in accordance with a provision of existing law. The bill would authorize a local entity to obtain specified background information regarding a nonminor who may be placed in a foster care setting with minor dependent children under these circumstances. By making various conforming changes in provisions relating to the duties of local agency employees in dependency and delinquency proceedings, this bill would create a state-mandated local program. (3) Existing law authorizes a social worker to place a child whom the court has ordered to be removed from his or her home into one of 7 designated placements, including the home of a noncustodial parent or the approved home of a relative. This bill would add to this list of approved placements, on and after January 1, 2012, a supervised independent living setting, as defined by the bill, for a nonminor dependent between 18 and 21 years of age. (4) Existing law authorizes a change in the placement of a child on an emergency basis due to the sudden unavailability of a foster caregiver. This bill, on and after January 1, 2012, would require, under these emergency circumstances, when a nonminor dependent is placed in the home of a relative or nonrelative, that the home be approved using the health and safety standards established by the department for the placement of nonminor dependents, as required by the bill. The bill would require the department, in consultation with specified stakeholders, to prepare for the implementation of these provisions by publishing all-county letters or similar instructions from the director, pending the adoption of emergency regulations, as specified. (5) Existing law requires the status of dependent children to be periodically reviewed, and requires the court to consider the safety of the child and make certain determinations. This bill similarly would require a status review for every nonminor dependent who is in foster care to be conducted pursuant to specified provisions. This bill, commencing January 1, 2012, would require the court to ensure that the child's transitional independent living case plan includes a plan for the child to meet one or more criteria that would allow the child to remain a nonminor dependent, and to ensure that the child has been informed of his or her right to seek the termination of dependency jurisdiction. This bill, on and after October 1, 2012, would authorize a court to continue jurisdiction over a nonminor dependent with a permanent plan of long-term foster care, and would designate the responsibilities of the court in this regard. (6) Existing law establishes procedures for a hearing to terminate the court's jurisdiction over a dependent child who has reached the age of majority. This bill would delete the existing hearing procedures as of January 1, 2012, and would set forth revised hearing requirements for determining whether to terminate or continue dependency jurisdiction. The bill would require the court to continue dependency jurisdiction for a child participating in certain educational or vocational activities. This bill would impose various duties on county welfare departments in connection with the hearing process, thereby creating a state-mandated local program. This bill would require a court to authorize a trial period of independence from foster care, as defined, when it terminates dependency jurisdiction over a nonminor dependent youth, as authorized by specified federal law. (7) Existing law requires the State Department of Social Services to develop statewide standards for the Independent Living Program for emancipated foster youth, which is established and funded pursuant to federal law to assist these individuals in making the transition to self-sufficiency. Under existing law, the department is required to develop and adopt emergency regulations that counties are required to meet when administering the program, that are achievable within available resources. This bill would require the department to develop and adopt the Independent Living Program regulations on or before July 1, 2012, and would specify that the regulations be achievable within both available program resources and available federal funds for case management and case plan review provided for in the federal act. The bill would require the department, by a specified date, to review and develop modifications to the Independent Living Program to also serve the needs of nonminor dependent youth, as specified. (8) Existing law prohibits benefits under the CalWORKs program from being paid to or on behalf of any child who has attained 18 years of age, unless the child is engaged in specified educational or training activities. This bill, on and after January 1, 2012, also would authorize a nonminor dependent, as defined, to receive CalWORKs aid, as specified. (9) Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, to retain specified cash resources and still remain eligible to receive public social services. This bill would apply this provision, on and after January 1, 2012, to a current or former dependent child or ward of the court between 18 and 21 years of age, who is participating in a transitional independent living case plan pursuant to the federal act. (10) Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. The program is funded by state and county funding and available federal funds. Existing eligibility requirements for the Kin-GAP Program include a requirement that a child has been living with a relative for at least 12 consecutive months. This bill would reduce the above requirement to 6 months, consistent with federal law. To the extent that this would increase duties of counties administering the Kin-GAP program, this bill would impose a state-mandated local program. This bill would revise the Kin-GAP Program, by repealing the existing program and enacting similar provisions, effective on the date that the Director of Social Services executes a declaration, as required by the bill, declaring that increased federal financial participation in the Emergency Contingency Fund for State TANF Programs is no longer available pursuant to the federal American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5) , or subsequent federal legislation that maintains or extends increased federal financial participation to provide state-funded assistance for youth not eligible under the federally funded program and would require the state to exercise its option under specified federal law to establish a kinship guardianship assistance payment program, with components as set forth in the bill, for youth eligible for federal financial participation. This bill would require, as a condition of receiving payments under the revised Kin-GAP Program provisions, that a county welfare agency, probation department, or Indian tribe, as applicable, negotiate and enter into a written, binding kinship guardianship assistance agreement with the relative guardian of an eligible child, as prescribed. The bill also would specify the state's share of cost for the support and care of children eligible for Kin-GAP benefits. The bill would make related conforming changes. This bill, under the revised Kin-GAP Program provisions, also would require a county, at the time of the annual redetermination of state-funded Kin-GAP benefits, to determine whether a child was receiving federal AFDC-FC benefits before receiving Kin-GAP, while a dependent child or ward of the juvenile court. The bill would require the county to reassign these children to the county social worker for information regarding transition to the federal Kin-GAP program. By increasing county responsibilities, this bill would impose a state-mandated local program. (11) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. Under existing law, AFDC-FC benefits are available, with specified exceptions, on behalf of qualified children under 18 years of age. Existing law requires a county to annually redetermine AFDC-FC eligibility, as specified. This bill would require the department to amend its foster care state plan required under specified federal law, to extend AFDC-FC benefits, commencing January 1, 2012, to specified individuals up to 21 years of age, in accordance with a designated provision of federal law. The bill would repeal the existing annual redetermination requirement. This bill would extend AFDC-FC benefits to nonminor dependents, as specified, on and after January 1, 2012, including revising AFDC-FC rate provisions to apply to these individuals. This bill would require an annual review of a child's or nonminor's payment amount, as specified. The bill also would require a county to contribute to the cost of extending aid to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, and to the cost of providing permanent placement services and administering the AFDC–FC program, as specified. The bill would provide that the county's total contribution for these purposes would not exceed the amount of savings realized by the county as a result of the implementation of the federally funded Kin-GAP Program. By expanding eligibility and duties under the county-administered AFDC-FC program, the bill would impose a state-mandated local program. (12) Under existing law, in order to be eligible for AFDC-FC benefits, a child must be placed in one of 8 designated placements. This bill would add to the eligible AFDC-FC placements, with respect to an otherwise eligible youth over 18 years of age, a supervised independent living setting. By increasing county duties in administering the AFDC-FC program, the bill would impose a state-mandated local program. (13) Under existing law, a minor between 16 and 18 years of age who is eligible for AFDC-FC benefits and who meets other specified requirements is eligible for certain transitional housing placement program services in a participating county. This bill, commencing January 1, 2012, would make a nonminor dependent who is eligible for AFDC-FC benefits also eligible for transitional housing benefits. This bill would revise existing provisions relating to the resolution of certain foster care overpayments to apply to Kin-GAP guardian homes and payments on behalf of nonminor dependents residing in supervised independent living settings. (14) Under existing law, a parent or caretaker relative is ineligible to receive CalWORKs aid when he or she has received aid for a cumulative total of 60 months. Existing law excludes from this calculation months when designated conditions exist. This bill, commencing January 1, 2012, would additionally exclude from the above calculation months when a recipient is a nonminor dependent participating in educational or training activities, as prescribed. Moneys from the General Fund are continuously appropriated to pay for a portion of CalWORKs aid grant costs, and for the state's share of AFDC-FC costs. This bill would provide that no appropriation from the General Fund would be made for the purposes of implementing these provisions. By increasing duties of counties administering the AFDC-FC program, this bill also would impose a state-mandated local program. (15) Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and Supplemental Security Income (SSI) benefits for, among others, blind and disabled children. The act authorizes a person or entity to be appointed as a representative payee for a beneficiary who cannot manage or direct the management of his or her money. Existing law also provides for State Supplemental Payments (SSP) in supplementation of SSI benefits. Existing law, the Foster Care Social Security and Supplemental Security Income Assistance Program, requires the county to apply to be appointed representative payee on behalf of a child beneficiary in its custody when no other appropriate party is available to serve. This bill would additionally require the county, when a child beneficiary reaches 18 years of age and elects to remain in the custody of the county as a nonminor dependent, to provide specified information to the youth regarding the process for becoming his or her own payee, and to assist the youth in this process, unless becoming his or her own payee is not in the youth's best interests, as specified. It would, as part of this process, express the intent of the Legislature that the county ensure that the nonminor receive direct payment of SSI benefits at least one month each year. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for potential eligibility for SSI benefits, as prescribed. Existing law authorizes a county, under certain circumstances, to forgo a youth's federally funded AFDC-FC benefits in the month of application for SSI benefits, and instead to use state resources to fund the placement, in order to ensure that the youth meets all of the SSI eligibility requirements. This bill would establish similar requirements for a county child welfare agency, with respect to a nonminor dependent who has been approved for SSI payments but is receiving an AFDC-FC or Kin-GAP benefit that includes federal financial participation in an amount that exceeds the SSI payment, causing the SSI payment to be placed in suspense. By placing new duties on county child welfare agencies, this bill would impose a state-mandated local program. (16) Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. The AAP provides for the payment by the department and counties, of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the resources of the family to meet those needs. Existing law sets forth eligibility requirements for the AAP, including that a child must be under 18 years of age, or under 21 years of age with a mental or physical disability that warrants continued assistance. This bill would additionally include children under 21 years of age who turned 16 years of age before the adoption assistance agreement became effective, and is involved in designated education or employment activities, or is incapable of engaging in these activities due to a medical condition. Payment of adoption assistance would be available for these individuals commencing January 1, 2012, as long as specified federal funds remain available and the state continues to exercise its option to extend payments up to 21 years of age, pursuant to the federal act. (17) Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services. Under existing law, the term "child welfare services" includes various services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. Existing law establishes the case plan as the foundation and central unifying tool in the provision of child welfare services. This bill would revise the definition of child welfare services to include transitional independent living services, as needed in connection with the provision of other permanent placement services. The bill would revise the requirements for the case plan, effective January 1, 2012, with respect to nonminor dependents, to address the developmental needs of young adults, as specified. The bill would also require the case plan to specify why a group home placement, if made, is necessary for the nonminor dependent's transition to independent living, and would require the nonminor dependent to participate and develop, and to sign, his or her case plan, commencing January 1, 2012. By increasing the duties of counties in preparing case plans, the bill would impose a state-mandated local program. This bill would revise the definition of a whole family foster home, to include a home that provides foster care for a nonminor dependent parent and his or her child, for purposes of the AFDC-FC program. Effective January 1, 2012, the bill would require that the same rate be paid for the care and supervision of the child of a nonminor dependent as is paid for the child of a teen parent in a whole family foster home. The bill would make other provisions applicable to a teen parent, for purposes of the child welfare services program, also applicable to certain nonminor dependents living in a whole family foster home. Existing law limits child welfare services for voluntarily placed children to a period not to exceed 6 consecutive months, as specified. This bill would, instead, limit the services to a period not to exceed 180 days, and would make conforming changes. (18) (A) This bill would incorporate additional changes in Section 11402 of the Welfare and Institutions Code proposed by SB 1214, that would become operative only if SB 1214 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (B) The bill would also incorporate additional changes in Section 16501.1 of the Welfare and Institutions Code proposed by SB 945 and SB 1353, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (19) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.