Existing law authorizes a school district to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the school district for the purpose of funding the construction or reconstruction of school facilities. Existing law authorizes a school district to increase the levy, as prescribed, if state funds for new school facility construction are not available, as defined, and also authorizes a school district to offer a reimbursement election to the person subject to the increased fee, providing for reimbursement of the supplemental amount raised by the increased fee, to the extent that the district receives funds from the state for construction of the facilities for which the increased fee was required, less any amount expended by the district for interim housing. This bill would require a person subject to the increased fee who has accepted the offer of a reimbursement election from the school district to also be reimbursed any interest on that supplemental amount accrued during the interim time period prior to the district receiving those funds, as determined by the school district.
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Existing law establishes various categorical education programs and appropriates the funding for those programs in the annual Budget Act. Existing law requires the Superintendent of Public Instruction, for the 2008–09 to 2012–13 fiscal years, inclusive, to apportion from the amount provided in the annual Budget Act for specified categorical education programs an amount based on the same relative proportion that the local educational agency received in the 2008–09 fiscal year for those programs and authorizes school districts, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law, for those fiscal years, deems local educational agencies that use these categorical education program funds for any educational purpose to be in compliance with the program and funding requirements of those categorical education programs. Existing law, as a condition of receiving the categorical education program funds that may be used for any educational purpose, requires school districts and county offices of education, at a regularly scheduled, open, public hearing, to take testimony from the public, discuss, and approve or disapprove the proposed use of funding. Existing law requires a local educational agency to report expenditures, as specified, to indicate the activities for which these funds were expended and requires the department annually to collect and provide this information to the appropriate legislative policy and budget committees and the Department of Finance. This bill would establish the 3-year Maximum Categorical Education Flexibility Pilot Program in which up to 3 school districts would be selected to participate. To be eligible for selection, a school district would be required to meet certain preconditions, including developing a plan or initiative to accelerate pupils' progress to proficiency that includes specified goals. A school district selected to participate would be required to agree to demonstrate significant progress toward accelerating pupils' progress toward proficiency on California's academic standards over the 3-year pilot program period, a narrowing of the achievement gap in its federally recognized subgroups, fiscal solvency, positive growth on the district API, improvement in its college entrance rate, and an increase in its graduation rate. The bill would require the Superintendent to apportion to the participating school districts special apportionments equal to the amounts of funding those school districts received in the 2009–10 fiscal year for specified programs, including the Economic Impact Aid Program, the Class Size Reduction Program, and Transportation Programs, except special education pupil transportation. A participating school district would be allowed to use the special apportionments for any purpose related to improving pupil achievement and academic instruction and would be required to implement an open and transparent process that allows public input so as to notify parents, staff, and the community of discussions and pending decisions related to the flexible use of categorical education program funds. A participating school district would be deemed to be in compliance with the program and funding requirements associated with the categorical education programs included in the pilot program, except that a participating school district that receives funding for economic impact aid would be required to continue to designate staff to coordinate services and programs for English learners, including the home language survey, and to continue in existence parent advisory committees and schoolsite councils. A participating school district would be required to submit an evaluative annual report to the department, the state board, the Governor, and the Legislature and to submit to the department an annual expenditure report. The Superintendent would be required to contract for an independent evaluation of the pilot program that would consist of an interim evaluation report and a final independent evaluation report that identifies the success and failures of the pilot program and makes recommendations regarding improving the pilot program and whether the program should be continued. The bill would prohibit the waiver of any provisions of the pilot program.
Existing law does not provide a system of universal health care coverage for California residents. Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi‑Cal program administered by the State Department of Health Care Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would provide that a resident of the state with a household income, as specified, at or below 200% of the federal poverty level would be eligible for the type of benefits provided under the Medi-Cal program. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. The bill would create the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. The bill would create the Office of Patient Advocacy within the agency to represent the interests of health care consumers relative to the system. The bill would create within the agency the Office of Health Planning to plan for the health care needs of the population, and the Office of Health Care Quality, headed by a chief medical officer, to support the delivery of high quality care and promote provider and patient satisfaction. The bill would create the Office of Inspector General for the California Healthcare System within the Attorney General's office, which would have various oversight powers. The bill would prohibit health care service plan contracts or health insurance policies from being issued for services covered by the California Healthcare System. The bill would create the Healthcare Fund and the Payments Board to administer the finances of the California Healthcare System. The bill would create the California Healthcare Premium Commission (Premium Commission) to determine the cost of the California Healthcare System and to develop a premium structure for the system that complies with specified standards. The bill would require the Premium Commission to recommend a premium structure to the Governor and the Legislature on or before January 1, 2013, and to make a draft recommendation to the Governor, the Legislature, and the public 90 days before submitting its final premium structure recommendation. The bill would specify that only its provisions relating to the Premium Commission would become operative on January 1, 2011, with its remaining provisions becoming operative on the date the Secretary of California Health and Human Services notifies the Legislature, as specified, that sufficient funding exists to implement the California Healthcare System. The bill would require that system to be operative within 2 years of that date and would provide for various transition processes for that period. The bill would extend the application of certain insurance fraud laws to providers of services and products under the system, thereby imposing a state-mandated local program by revising the definition of a crime. The bill would enact other related provisions relative to budgeting, regional entities, federal preemption, subrogation, collective bargaining agreements, compensation of health care providers, conflict of interest, patient grievances, independent medical review, and associated matters. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law sets forth the powers and duties of the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation with respect to wards in its custody, including, but not limited to, the return of persons to the court of commitment for redisposition by the court, determination of offense category, and setting of parole consideration dates. Existing law requires the department to promulgate policies and regulations implementing a departmentwide system of graduated sanctions for addressing ward disciplinary matters, including extending a ward's parole consideration date, subject to appeal, from one to not more than 12 months, for a sustained serious misconduct violation, as specified. The department is also authorized to promulgate regulations to establish a process for granting wards who have successfully responded to disciplinary sanctions a reduction of up to 50% of any time acquired for disciplinary matters. This bill would prohibit the department from extending a ward's parole consideration date, and would require the department to promulgate regulations to establish a process for granting a ward whose parole consideration hearing date was delayed due to disciplinary sanctions prior to January 1, 2011, a reduction of up to 100% of any time acquired for disciplinary matters.
(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 to September 1 commencing with the 2012–13 school year, and for admission to first grade to September 1 commencing with the 2013–14 school year. The bill, commencing with the 2012–13 school year, would authorize a child who will have his or her 5th birthday between September 1 and December 2 to be admitted to a transitional kindergarten program, as defined, that is maintained by the school district and would require the Superintendent of Public Instruction to allocate to a school district that maintains a transitional kindergarten program an amount equal to the revenue limit amount that the district would have received for the attendance of these pupils if they would have been eligible to attend kindergarten that year pursuant to the law governing admission to kindergarten as it read on January 1, 2012. 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.
This measure would memorialize the Legislature's support of legislation currently pending in the United States Congress that would protect the Pacific Coast from new offshore oil drilling. This measure would also memorialize the Legislature's opposition to the proposed expansion of oil and gas drilling off the Pacific Coast and any federal energy policies and legislation that would weaken California's role in energy siting decisions due to those policies.
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose a tax on every distributor, as defined, at the rate of $0.01 per teaspoon of added caloric sweetener in bottled sweetened beverages or concentrate sold or offered for sale to a retailer in this state, or on a retailer who sells bottled sweetened beverages or concentrate in this state to consumers on which the tax has not been paid by a distributor. This bill would exempt from the tax the sale, use, or consumption in this state of bottled sweetened beverages or concentrate that the state is prohibited from taxing, as provided. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all taxes, penalties, and interest collected, less refund and administrative costs, in the Children's Health Promotion Fund, which this bill would create. This bill would require all moneys in the fund, upon appropriation by the Legislature, to be allocated to the State Department of Public Health for distribution of grants to eligible school districts for the purposes of statewide childhood obesity prevention activities and programs. Because this bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. This bill would make legislative findings and declarations relating to the consumption of sweetened beverages, childhood obesity, and dental disease. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose a tax upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 10% of the gross value of each barrel of oil severed. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation to make specified certifications and determinations regarding certain oil wells, and to notify the board of the certification or determination. The bill would require the board to deposit all revenues collected pursuant to these provisions, less refunds and reimbursement to the board for expenses incurred in the administration and collection of the tax, into the General Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it 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 no reimbursement is required by this act for a specified reason. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
This measure would designate the first week of March of each year as Cuss Free Week.
(1) Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools. The department must compile or cause to be compiled and printed a manual in physical education for distribution to teachers in the public schools. The department must also encourage school districts offering instruction in kindergarten and any of grades 1 to 12, inclusive, to the extent that resources are available, to provide quality physical education, as specified. This bill would require the department to periodically update the rules and regulations relating to physical education consistent with the Education Code and content standards developed by the State Board of Education. The bill would specify that the physical education manual that must be distributed to teachers in the public schools be consistent with the requirements for physical education outlined in the Education Code and the content standards adopted by the state board. (2) Existing law contains specified legislative findings and declarations relating to the importance of physical education in public schools. This bill would modify those findings and declarations to emphasize the importance of the Physical Education Model Content Standards for California Public Schools and the Physical Education Framework, adopted by the state board, to the physical education program in the public schools, as specified. (3) Existing law requires that the adopted course of study for grades 7 to 12, inclusive, shall include courses in physical education, with emphasis given to physical activities that are conducive to health and to vigor of body and mind, as specified. This bill would require that courses of physical education provide each pupil with instruction and assessment of their learning consistent with the physical education model content standards, as specified. Because this provision would increase the duties of local educational agencies, it would create a state-mandated local program. (4) 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.