Sen. Loni Hancock

(1) The California Constitution requires the Governor to submit to the Legislature by January 10 of each year a budget for the ensuing fiscal year, accompanied by a Budget Bill itemizing recommended expenditures. The Constitution requires specified bills, including a bill making a change in state taxes for the purpose of raising revenue, a bill containing an urgency clause, and a bill, including the Budget Bill, that makes certain appropriations from the General Fund, to be passed in each house of the Legislature by a 23 vote. This measure would exempt General Fund appropriations in the Budget Bill from the 23 vote requirement. (2) The California Constitution provides that a statute takes immediate effect upon enactment if the statute calls for an election, provides for a tax levy or makes an appropriation for the usual and current expenses of the state, or is an urgency statute. This measure would add to those statutes that take effect immediately statutes enacting the Budget Bill and statutes enacting bills identified in the Budget Bill as necessary to implement to the Budget Bill. (3) The California Constitution provides electors the power of referendum to approve or reject a statute, except that certain statutes are exempted, namely, urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for the usual current expenses of the state. This measure instead would exempt from the power of referendum any statute that is to take effect immediately. (4) This measure would specify that the changes to the California Constitution made by this measure would apply July 1 of the first fiscal year commencing after the approval of this measure by the voters at a statewide election, except that the changes would apply to the Budget Bill for the first fiscal year commencing after the approval of this measure by the voters at a statewide election and each subsequent fiscal year.

Existing law, known as the Donahoe Higher Education Act, provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. This bill would prohibit any increase in the mandatory systemwide fees charged to a resident undergraduate student enrolled in the University of California or the California State University adopted on or after July 1, 2011, from being effective before 3 months have elapsed after the date on which the fee increase is adopted. The bill would also require the regents and the Trustees of the California State University to develop methodologies for the adjustment of fees in accordance with a prescribed procedure. The bill, commencing with the 2011–12 academic year, would require the Legislative Analyst's Office to annually review, and report to the Legislature, its findings, conclusions, or recommendations regarding the implementation of policies implemented pursuant to the bill. This bill would provide that its provisions would not apply to the University of California, except to the extent that the regents adopt a resolution making them applicable. The bill would request the regents to adopt policies that are consistent with this bill. These provisions would become operative on July 1, 2011.

(1) The Personal Income Tax Law and The Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill, in accordance with legislative findings contained in this bill and for calendar years beginning on or after January 1, 2011, would, for a business entity, as described, that provides career technical education, authorize a credit against those taxes, subject to specified limitations, in an amount equal to that reserved and allocated by the Superintendent of Public Instruction. This bill would impose specified duties on the Superintendent of Public Instruction, the Franchise Tax Board, and the State Board of Equalization in administering the credits. (2) The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a hiring credit for qualified taxpayers who hire qualified employees, as defined, within enterprise zones, subject to specific criteria. Qualified employees includes, for purposes of the credit, an ex-offender, as defined. Existing law requires a taxpayer to obtain, from specified agencies, a certification providing that a qualified employee meets the requirements of the credit. This bill would, for taxable years beginning on or after January 1, 2011, revise the definition of "qualified employee" for this purpose, by providing that an ex-offender includes an individual who has been convicted of a felony or a misdemeanor offense punishable by incarceration, or a person charged with a felony or misdemeanor punishable by incarceration but placed on probation without a finding of guilt, with specified exclusions. This bill would also, for taxable years beginning on or after January 1, 2011, revise the definition of "qualified employee" by removing, as an element of eligibility as a qualified employee, residency in a targeted employment or targeted tax area. Additionally, this bill would require taxpayers to apply for, and obtain, the certification of a qualified employee within 42 days of the date of hire of the qualified employee. This bill would also make technical, nonsubstantive changes to remove obsolete references in the credit provisions. This bill would take effect immediately as a tax levy.

(1) Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency and provides for its functions and responsibilities. Among other things, the CPEC is required to develop criteria for evaluating the effectiveness of all aspects of postsecondary education. The CPEC is requested to convene an intersegmental advisory committee on transfer access and performance. The CPEC is also required to periodically review and make recommendations regarding postsecondary programs for adult and continuing education and report periodically to the Legislature and the Governor regarding the financial conditions of independent institutions, their enrollment and application figures, the number of student spaces available, and the respective cost of utilizing those spaces as compared to providing additional public spaces. The bill would delete these specific requirements of the CPEC. (2) 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, and private, independent institutions of higher education as the 4 segments of postsecondary education in this state. Existing law establishes a higher education accountability program under which the University of California, the California State University, and the California Community Colleges are required to prepare a list of reports on a regular basis to the Legislature and to state agencies. Under the program the CPEC is required to submit annually a higher education report to the Legislature and the Governor that provides information on significant indicators of the performance of public colleges and universities. This bill would repeal the existing higher education accountability program and require the state to establish a new accountability framework for achieving prescribed educational and economic goals. The bill would require this framework to measure the collective performance of the state's system of higher education in successfully serving students by answering 6 statewide policy questions. The bill would require that the data collected in response to these policy questions be reported to the Legislature and the Governor and made available to the public, as provided. (3) Existing law requires the 3 public segments of postsecondary education to present annual statistical reports on transfer patterns via the CPEC to the Governor and the Legislature. This bill would repeal this requirement.

Existing law specifies the respective powers and duties of the Department of Transportation, the Metropolitan Transportation Commission, and the Bay Area Toll Authority relative to the state-owned toll bridges in the Bay Area. Existing law specifies major capital projects on the bridges and other expenditures that may be funded from toll revenues. Existing law provides that the authority may increase the toll rates to provide funds for various purposes, including the planning, design, construction, operation, maintenance, repair, replacement, rehabilitation, and seismic retrofit of these bridges. This bill would include, among the projects that may be funded from state-owned toll bridge revenues, a major project on the San Francisco-Oakland Bay Bridge consisting of a bicycle-pedestrian-maintenance pathway linking the pathway on the replacement eastern span with San Francisco, subject to certain conditions. The bill would provide that the project may be sponsored by the Metropolitan Transportation Commission. The bill would prohibit the Bay Area Toll Authority from increasing tolls to fund this project.

(1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit for a rate imposed by a city, county, city and county, or special district to service bonded indebtedness, incurred to fund specified public improvements, facilities or buildings, and housing, and related costs, that is approved by 55% of the voters of the city, county, city and county, or special district, as applicable. This additional exception would apply only if the proposition approved by the voters results in bonded indebtedness that includes specified accountability requirements. (2) 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, except that certain school entities may levy an ad valorem property tax for specified purposes with the approval of 55% of the voters within the jurisdiction of these entities. This measure would change the 23 voter-approval requirement for special taxes to, instead, authorize a city, county, city and county, or special district to impose a special tax with the approval of 55% of its voters voting on the tax. This measure would also make technical, nonsubstantive changes to these provisions. (3) The California Constitution prohibits a county, city, town, township, board of education, or school district from incurring any indebtedness exceeding in one year the income and revenue provided in that year, without the assent of 23 of the voters and subject to other conditions. This measure would lower to 55% the voter approval threshold for a city, county, or city and county to incur bonded indebtedness, exceeding in one year the income and revenue provided in that year, that is in the form of general obligation bonds to fund specified public improvements.

The Energy Conservation Assistance Act of 1979 establishes, until January 1, 2011, the State Energy Conservation Assistance Account, a continuously appropriated account, that is administered by the State Energy Resources Conservation and Development Commission to provide grants and loans to local government and public institutions, including, among others, schools, to maximize energy use savings. This bill would require the Controller, upon the request of the commission, to establish the Solar School Subaccount in the State Energy Conservation Assistance Account and would be available for the deposit of funds, including specified federal funds. The bill would require that the moneys in the subaccount, upon appropriation by the Legislature, be used for the purposes of providing loans to schools for energy efficiency projects and for the installation of solar energy systems.

Existing law requires the Superintendent of Public Instruction to administer child care and development programs, including California state preschool programs, and requires applicants and contracting agencies to give first priority to children who meet specified criteria, including 3- or 4-year-old neglected or abused children who are the recipients of child protective services. This bill would also give first priority to neglected or abused children who are in family maintenance, family preservation, and unification, and to certain other high-risk children who meet specified criteria. The bill would give certain high-risk children the right to continuous enrollment in a state preschool program or a child care and development program that is licensed or is operated by a local educational agency if the child's residence or placement changes. Under existing law, a family is required to meet certain requirements to be eligible for federal and state subsidized child development programs, and requires certain children to be given first priority for those services. This bill would expand the eligibility requirements to include certain other high-risk children, and would also require first priority to be given to children from birth to 5 years of age who meet specified other requirements. The bill would require each county operating a state-funded child care and development program to annually inform the State Department of Education if the county does not provide information on child care and development programs, as specified. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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.

(1) The Mello-Roos Community Facilities Act of 1982 authorizes a community facilities district to finance the purchase, construction, expansion, improvement, or rehabilitation of certain facilities, including, among others, child care facilities, undergrounding of water transmission and distribution facilities, and the cleanup of hazardous materials. This bill would also authorize a community facilities district to finance and refinance the acquisition, installation, and improvement of energy efficiency, water conservation, and renewable energy improvements to or on real property and in buildings, as specified. (2) Existing law specifies the requirements for the establishment of a community facilities district, including, among other things, a petition, a hearing, establishment of the boundaries of the community facilities district, and an election on the question of establishment. This bill would authorize a separate procedure for establishing a community facilities district where the district initially consists solely of territory proposed for annexation to the community facilities district in the future, as specified, and would provide an alternate procedure for incurring bonded indebtedness for community facilities districts established in this manner.