HomeMy WebLinkAboutMINUTES - 08052008 - C.47 TO: BOARD OF SUPERVISORS 5E = Contra
FROM: JOHN CULLEN, Costa
County Administrator - rkoa
S''�`COi1T12�
DATE: August 5, 2008 County
SUBJECT- POSITION ON SBX3 16 (Cox)— Children and Families Program:
Funding
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
OPPOSE Senate Bill 16 (Cox), legislation that would eliminate funding for county First 5
Commissions, moving all Proposition10 funds to the State's General Fund for purposes of the Healthy
Families Program and the Medi-Cal program, as recommended by the County Administrator.
FISCAL IMPACT:
The elimination of the County's First 5 Commission would result in a loss of Prop. 10 funds in the
amount of approximately $12 million. The return of these funds to Contra Costa County children
cannot be assured.
BACKGROUND:
The County's State Legislative Platform recognizes that increasing the County's capacity to provide
children's prevention services has long been a priority of the County. This priority is being addressed,
in part, by the First 5 Contra Costa Children and Families Commission, whose mission is to make a
difference in the lives of children ages 0 to 5 and their families by investing in local programs and
services designed to help children reach their greatest potential in school and life. Their goal is to
help children grow up healthy, ready to learn, and supported in safe, nurturing families and
communities.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C ITTEE
APPROVE OTHER
Qi;,r-0--
SIGNATURES
ACl iON OF B RD ON APPROVED AS RECOMMENDED XTR
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
y�I THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
Contact:
L. Delaney 5-1097
Cc: ATTESTED
J.Valentine, EHSD JOHN LLEN,CLERK OF THE BOARD OFSUPERVISORS
S.Casey, First 5 Contra Costa
BY: , DEPUTY
SBX3 16 (Cox)—First 5 Commissions., p.2
8/5/08
County First 5 commissions are unique in California because their funds are designated specifically
to meet the local needs of children, ages 0 — 5. The California Children and Families Act
(Proposition 10 of 1998) requires every commission to complete a comprehensive needs
assessment and develop a strategic plan — in full public "sunshine" -- expressly designed to
address the identified needs.
Not surprisingly, county strategic plans vary significantly, reflecting demographic differences,
disparities in access to local resources, variation in the strength of the local infrastructure, and
differences in the priorities of local communities.
SBX3 16 would immediately end all services First 5 Commissions currently fund, which include a
wide range of health and development services, quality child care and early education, preschool,
support for at-risk families, child abuse prevention and treatment, injury prevention, home visitation,
screening and early intervention for children with special needs, parenting education, family
literacy, and nutrition and anti-obesity efforts.
By de-funding the county Commissions, SBX3 16 will eliminate the comprehensive range of
services supported by First 5 that are integral to children's well-being. It will also undermine the
tenets of the voter-approved Children and Families Act which focuses on three areas critical to
children and families — improved child health, improved child development, and support for
families.
In Contra Costa, First 5 funding has successfully developed new programs, enhanced existing
ones, and strengthened systems that serve children at highest risk for abuse, neglect,
developmental delay, and poor school performance. Last year, First 5 Contra Costa-funded
programs served over 12,000 children and parents and 2,000 child care providers through a range
of programs designed to support healthy child development and improved readiness for school.
In Contra Costa, First 5 programs also address children's health issues. Through home visiting,
mental health, school readiness, and other community programs funded last year, First 5 ensured
that 97% of children served had health insurance. In addition, 98% were up-to-date on
immunizations. In both areas our local rates exceed the state.
First 5 provides a unique local funding source because it is based on local planning and decision-
making. The funds invested locally by every First 5 county Commission are specific to the needs
of that county — not state mandates or top-down directives. When the voters approved the
California Children and Families Act (Prop 10) in 1998, they voted for local flexibility to meet local
needs.
Therefore, SBX3 16 could undermine local decision-making, de-fund a wide range of successful
programs, and take resources away from families and young children in greatest need.
However, some legislators question the program's spending decisions and oversight. They say
First 5 money -- estimated at $580 million a year and $2.4 billion in reserve accounts -- would be
better spent on state health care for uninsured children and in helping ease California's fiscal crisis.
Two state senators, Dave Cox, R-Fair Oaks, and Tom Harman, R-Huntington Beach, introduced
the bill last month. It proposes to move more than $365 million sitting in First 5 reserves into the
state's general fund and to give $2 billion-plus more in unspent funds to counties and schools.
Future First 5 revenue would go toward the Medi-Cal and Healthy Families programs, which
provide free and low-cost health insurance.
Voters narrowly approved First 5 through Prop. 10 in 1998, imposing a 50-cent tax on cigarettes to
fund programs for children in the first five years of life.
SBX3 16 would put any changes passed by the Legislature to the voters in a ballot measure,
making it unlikely the bill could help close this fiscal year's estimated $15.2 billion budget shortfall.
The printing deadline for the Nov. 4 ballot already has passed, and the deadline for a costly
supplemental ballot is less than a month away. Earlier measures to redirect First 5 money never
made it out of their first committee.
CALIFORNIA LEGISLATURE-2007-O8 THIRD EXTRAORDINARY SESSION
SENATE BILL No. 16
Introduced by Senators Cox and Harman
June 17, 2008
An act to amend and repeal Section 130105 of, to repeal Sections
130110, 130115, 130120, 130125, 130130, 130135, 130140, 130140.1,
130145, 130150, 130151,and 130155 of,and to repeal and add Section
130100 of,the Health and Safety Code,relating to child development,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 16,as introduced,Cox.California Children and Families Program:
funding.
The California Children and Families Act of 1998, an initiative
measure, requires that the California Children and Families Program,
established by the act, be funded by certain taxes imposed on the sale
and distribution of cigarettes and tobacco products and be deposited
into the California Children and Families Trust Fund,and that the fund
be used for the implementation of comprehensive early childhood
development and smoking prevention programs.Existing law specifies
that specified percentages of moneys allocated and appropriated from
the trust shall be deposited in various accounts for expenditures by the
California Children and Families Commission, also known as First 5
California, for various subjects relating to,and furthering the goals and
purposes of,the act.
Existing law prohibits amendment of this initiative measure by the
Legislature unless the amendment is approved by the voters, or the
amendment is accomplished by a vote of Z/ of the membership of both
3❑ 99
SB 16 —2—
houses of the Legislature and the amendment furthers the act and is
consistent with its purposes.
This bill,subject to voter approval,would eliminate those percentages
for allocations to various accounts and would, instead, provide that
those funds,with specified exceptions,shall be transferred to the General
Fund for appropriation by the Legislature for purposes of the Healthy
Families Program and the Medi-Cal program. The bill would provide
for the distribution,as prescribed,of funds held by county children and
families commissions and by the California Children and Families
Commission that remain unencumbered on the date that the bill's
provisions are approved by the voters.
This bill would abolish the California Children and Families
commission and the county children and families commissions,effective
90 days after the bill is approved by the voters,and would repeal related
obsolete provisions.
This bill would require that its provisions be submitted to the voters
for approval at the next statewide election.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 130100 of the Health and Safety Code
2 is repealed.
3 130100. There is hereby ereated a program in the state for the
4 pttrposes of pfometing, , md improving the early
5 development of ehildren tatal stage to five years-of
6 age. These pttfposes —al. be
7 establishment, itistittttion, and eooif–dittation of appropriate
8 standards,
9 emphasizing eetrdntmity awareness, edtteatiott,
10 eare,soeial serviees,health he , -_td researeh.
11 (a) it is the intent of this aet to f�eilitate the eireation and
12 implementfttiott of an integrated,eomprehensive,and eollaborative
13 system of itiformation and sefviees to enhanee optimal early
14 ehildhood development and to ensttre that ehil&en are ready to
15 enter sehool. This system should ftinetion as a network
16
❑3 99
-3— SB 16
1 eittry point into the system. it is ftwth-or the intent of this aet to
2 emphasize leeal deeisiomnak4ftg, to provide for greater loeall
3 flexibility in desigfting delivery systems,and to eliminate duplieate
4 admirtistrative systems.
5 (b) The progrms attthorized by this aet shall be admittistered
6 by the Ga4ifbmia Ghildren and Families Gommission and by eottnt1.7
7 ,
8
9 .
10 (e) This division shall be kftown and may be eited as the
11 "Galifontia Ghildren and Families Aet of 1998.-"
12 SEC.2. Section 130100 is added to the Health and Safety Code,
13 to read:
14 130100. (a) The California Children and Families Trust Fund
15 is hereby created in the State Treasury.
16 (b) The California Children and Families Trust Fund shall
17 consist of moneys collected pursuant to the taxes imposed by
18 Section 30131.2 of the Revenue and Taxation Code.
19 (c) All costs to implement this act shall be paid from moneys
20 deposited in the California Children and Families Trust Fund.
21 (d) The State Board of Equalization shall determine, on a
22 biennial basis,the effect that additional taxes imposed on cigarettes
23 and tobacco products by this act has on the consumption of
24 cigarettes and tobacco products in this state. To the extent that a
25 decrease in consumption is determined by the State Board of
26 Equalization to be the direct result of additional taxes imposed by
27 this act,the State Board of Equalization shall determine the fiscal
28 effect the decrease in consumption has on the funding of any
29 Proposition 99 (the Tobacco Tax and Health Protection Act of
30 1988)state health-related education or research programs in effect
31 as of November 1, 1998, and the Breast Cancer Fund programs
32 that are funded by excise taxes on cigarettes and tobacco products.
33 Funds shall be transferred from the California Children and
34 Families Trust Fund to those affected programs as necessary to
35 offset the revenue decrease directly resulting from the imposition
36 of additional taxes by this act.Funding for the Breast Cancer Fund
37 and the Health Education Account and the Research Account in
38 the Cigarette and Tobacco Products Surtax Fund shall not be
39 subject to subdivision(c). These reimbursements shall occur, and
F3 99
SB 16 —4-
1 at any times, as determined necessary to further the intent of this
2 subdivision.
3 (e) Except as provided in subdivision (d), moneys shall be
4 transferred from the California Children and Families Trust Fund
5 to the General Fund for appropriation by the Legislature for
6 purposes of the Healthy Families Program and the Medi-Cal
7 program.
8 SEC. 3. Section 130105 of the Health and Safety Code is
9 amended to read:
10 130105. The California Children and Families Trust Fund is
11 hereby created in the State Treasury.
12 (a) The California Children and Families Trust Fund shall
13 consist of moneys collected pursuant to the taxes imposed by
14 Section 30131.2 of the Revenue and Taxation Code.
15 (b) All costs to implement this act shall be paid from moneys
16 deposited in the California Children and Families Trust Fund.
17 (c) The State Board of Equalization shall determine within one
18 on a biennial basis, the effect that
19 additional taxes imposed on cigarettes and tobacco products by
20 this act has on the consumption of cigarettes and tobacco products
21 in this state. To the extent that a decrease in consumption is
22 determined by the State Board of Equalization to be the direct
23 result of additional taxes imposed by this act, the State Board of
24 Equalization shall determine the fiscal effect the decrease in
25 consumption has on the funding of any Proposition 99(the Tobacco
26 Tax and Health Protection Act of 1988) state health-related
27 education or research programs in effect as of November 1, 1998,
28 and the Breast Cancer Fund programs that are funded by excise
29 taxes on cigarettes and tobacco products.Funds shall be transferred
30 from the California Children and Families Trust Fund to those
31 affected programs as necessary to offset the revenue decrease
32 directly resulting from the imposition of additional taxes by this
33 act.Funding for the Breast Cancer Fund and the Health Education
34 Account and the Research Account in the Cigarette and Tobacco
35 Products Surtax Fund shall not be subject to subdivision(b). These
36 reimbursements shall occur, and at any times, as determined
37 necessary to further the intent of this subdivision.
38 (d) Except as provided in subdivision(c), moneys shall
39 b transferred from the California
40 Children and Families Trust Fund-as�s�to the General Fund
Q 99
-5— SB 16
1 for appropriation by the Legislature for purposes of the Healthy
2 Families Program and the Medi-Cal program.
3 (4) Twenty pefeent shall be alloeated and appropfimed to
4 separate aeeottnts of the state eotrfmission for expendi
5 .
6 (A) Six pereent shall be deposited in a Mass Media
7
8 to the gettefal publie utilizing television, fadio, tiewspapefs, and
9 othef mass media on stibjeets felating to and fttfthering the go
10 and pttrposes of this aet, itieluding, but not limited to,
11 —I...-t, -.td parenting that eneottfage proper ehildhood
12 development, the infiDymed seleetion of ehild eafe, '
13 regarding health and soeial seFviees, qq the pfeventi ..
14 of tobtteeo, ttleohol, ttnd dmg ttse by pfegnftnt womett, the
15
16 .
17 (B) Five pefeent shall be deposited in an Edueation Aeeottnt
18 for expenditttres to ensttre that ehildren am ready to enter sehoe4
19 ,
20 to, the development of edtteational materials, professional a
21 parental edueation attd tfaining,
22
23 .
24
25
26
27 to, the edtteation and tfaining of ehild eafe providers,
28
development of edtteational materials and guidelines for ehild eaf-e-
29
30 .
31 (D) Three pefeent shall be deposited in a Reseafeh and
32
33 ready to enter sehool and f;5r the f:eseareh and development of be��t
34 pfaetiees and standards for all programs and serviees relating-fc�
35 , and
36 for the assessment and qttality evaltiation of those progfatns and
37 sefviees.
38 (Ft) One pefeent shall be deposited itt Em Af1ministfation
39
40 state eommission. Aity funds not needed f;Dr the administrative
0 99
SB 16 —6-
1 ftmetions of the state eommission may be tfansf�fred to the
2 ,upon appfoval
3
4 (F) Two pefeent shail be deposited in an 14nalloeated,dreeottnt
5 fim expenditure by the state eontmission for any of the pttfposei�
6
7 moneys shall be expended f6f the admittistfative ftmetions of the
8 state eommissioti.
9 , For whatevef feason, the expenditure of
10
11 , inelttsivl, 13 by a final
12 , theft those mon er
13 shall be available for expenditure by the state eontmissiott Fof mass
14 media eomm * I' phasizing the need to eliminate smoking
15 and othef tobtteeo ttse by pfegnant women, the need to elimittate
16 smoking and other tobaeeo use by persons tmder 18 years of age,
17 and the need to eliminate exposure to seeondhand smoke.
18 (11) Atty motteys alloeated and appfopfiated to any of the
19 ,that are
20 not enettmbered of expended within atty applieable period
21 pf:esefibed by law shall (togethef with the aeertted intefest on the
22 amount) feveff to and remain in the t f;Dr the next
23 fi sea!period.
24 (2) Eighty pereent shall be alloeated and appropfiated to eotinty
25 eotmnissiens in aeeordanee with Seetio_ 130140.
26 (A) The moneys alloeated and appropriated to eounty
27 eommissions shall be deposited in eaeh loeal Ghildren and Families
28 Tmst Fund administered by eaeh eott ion, and shall
29 be expended only f;Dr the pttfposes authofized by this aet and in
30
31
32
33 eommissions that are not eneumbered ot: expended within any
34 applieable pefiod pfesefibed by law shall(together with the aeemed
35 interest on the amount) feveft to and femain in the same loea4
36 Ghildren and Families Ttttst Fund f-of the next fiseal period undef
37
the same eonditions as set forth in subparagraph (A).-
38 (e) All grants, gifts, or bequests of money made to or for the
39 benefit of the state commission from public or private sources to
40 be used for early childhood development programs shall be
❑3 99
-7— SB 16
1 deposited in the California Children and Families Trust Fund and
2 expended for the specific purpose for which the grant, gift, or
3 bequest was made. , giR, of bequest
4
5 appropriated to the state e........ Parsttant to Paragraph(1) Of
6 sttbdivision (d-)-.
7 (f) All grants, gifts, or bequests of money made to or for the
8 benefit of any county commission from public or private sources
9 to be used for early childhood development programs shall be
10 deposited in the local Children and Families Trust Fund and
11 expended for the specific purpose for which the grant, gift, or
12 bequest was made. The amottnt of any stteh grant, gift, or beqttest
13 shall not be eonsidered i the amount alioeated and
14
15 of sttbdirision-(4)-.
16 (g) This section shall remain operative until 90 days after the
17 date the act that adds this subdivision is approved by the voters,
18 and as of that date is repealed.
19 SEC. 4. Section 130110 of the Health and Safety Code is
20 repealed.
21 130110. (a) There is hereby established a Galif;Dmia Ghildfen
22 and Families Commission, whieh may also be known as First 5
23
24 members.
25 ,
26 130115, ffo th knowledge, experienee-, and expeftise
27 ,
28 publie health, the prevention atid treatment of tobaeeo and other
29 , bttt
30 not limited to,
31 ,
32 ,
33
34
(e) The Seefeiaty of the Gali.f--mia Health and Human S-
35 Ageney and the Seefetafy f6f Edueation, or theif designees, shall
36
37 SEC. 5. Section 130115 of the Health and Safety Code is
38 repealed.
39 130115. The 6 ovemof shall appoint thfee members of the state
40 ,one ofwhom shall be designated as ehaifperson. One
03 99
SB 16 —8-
1
2 or a eaunty health exeeutive. The Speaker of the Assembly and
3 the Senate Rtiles Gommittee shall eaeb appoint two membefs of
4 the state eommission. Of the members fifst appointed by the
5 , and two f6f-a
6 tem of fwo yeafs. Of the members appointed by the Speaker of
7 the Assembly and the Senate Rules G I I
, e appointed by
8 the Speakef of the Assembly and the Senate Rules Gommittee shall
9
10 , all appointments shall
11
12 state eommission Fof more thatt two fi5ttf yeaf tefms.-.
13 SEC. 6. Section 130120 of the Health and Safety Code is
14 repealed.
15 P01-20. The state eozmmission 3hall,within three months after
16 a majofity of its voting members have been appointed, hire an
18 other staff as neeessafy or appfopfiate. The exeetttive direetof and
19 staff shall be eompensated as determined by the state ,
20 eonsistent with moneys available fof appfopriation in the
21 Administration keeottfit. All pfofessional staff employees of th-e
22 state eomffnissiott shall be exempt from eivil sefviee.The exeetttive
23 , and in aeeofdanee with
24 the . if:eetio of-, the state
,.
25 SEC. 7. Section 130125 of the Health and Safety Code is
26 repealed.
27 1301-25. The powefs and duties of the state eommission shall
28 ineltide, but afe not limited to,
29
30
31
32 and knowledge regarding the pfomotion,support,and impfovement
33 of eaf ly ehildhood development.
34 (b) Adopting gttidelines fbf! an integrated and eompfehensive
35 statewide progam of pfo twting,
36 ,
37 .
38
39 address the fiDllowing matters!
03 99
-9— SB 16
1 (A) Parental edtteation and suppoff sefviees in all areas required
2 for, and relevant to, inf;Dftned and healthy pafenting. Example
3 parental edueation shall inelude, but are tiot limited to, prenatal
4 and postnatal infant and matemal nutrition,edueation and traitting
5
6 ehildhood development,parenting and other neeessary skills,ehild
7 , and aleo
8 during pregnaney. Examples of parental sttpport seff iees shall
9 ineittde, bttt afe not lifnited to, f�mily support eenters offering an
10 integrated system of sercviees f:equifed f6r the development and
11 ,
13 voittntafy ititeffentioti for families at risk,and any othef prevetition
14
15 ehildhood development.
16 ,
17 atid affordable
,.l..:l.l . both;« ho«., and at..l.;l.l eat:.. F.,ilia:,.,
18 that emphasizes edtteation,
19 ,
20 resottree and referfal sefyiees, teehnieal assistanee f6r earegivefs-,
21
22 for
..11 households.
ouseh,_1 s
23 (G) The provision of ehild health eare seff iees that emphasize
24 prevention, diagnostie sefeenings, and treatment not eovered by
25 other programs; and the -.f prenatal and postnatal
26 " ,
27 immettizatio
i �
28 ,
29 by other pfograms.
30 (2) The state eommissiott shall eondttet at least otte pttblie
31 .
32 ,
33 periodieally review its adopted guideliftes and fe-vise them as ma
34 .
35 ,
36 and eolleeting and analyzing data to measure progress toward
37 attaining these results.
38
39 of atty felevftnt programs, to identif� the best standards and
Q3 99
SB 16 —10—
I
10-1 praetiees for optimal early ehildhood development,and establishirtg
2 and monitoring demonstf
3
4
5 development, f�eilitatirtg the exehange of information between
6 these individuals and entities, and assisting irt the eeordinatiort of
7 the set-vieesofpttblie and. ies to deal more efFeetively
8 with early ehildh-o-od 04PA,�-,
9
10
development.
12 (g) Reviewing and eortsidefing the arimttal audits and reports
13 , following a Pub
14 hearing, ado n report that eonsolidates, ,
15 analyzes, and eornments on those annual audits and reports.
16 ,
17 person,
18 Foundation, or other entity, or ffom the state or any
19 , or from the fe
20
21 of a statewide program of early ehildhood development.
22
23
24 and pttrposes of this aet.
25
26 for ehanges ift state laws, regulations, and set-viees fleeessary or
27 earry out an integrated and eompfehenstive program
28
29
30 SEC. 8. Section 130130 of the Health and Safety Code is
31 repealed.
32 130130. Proeedttres fim: the eonduet of bttsiness by the state
33
34 adopted by the state eommission.A majority of the voting members
35
36 ' ,
37 difeeter, shall be by a majority of fow votes.
38 SEC. 9. Section 130135 of the Health and Safety Code is
39 repealed.
❑Q 99
-11— SB 16
1 4 3 0135. Voting members of the state �hall not be
2 "', "M thftt theY shall be paid
3
4 f;Df: attending meetings and diseharging other offi
5 .
6 SEC. 10. Section 130140 of the Health and Safety Code is
7 repealed.
8 430140. Any eounty developing, adopting,
9 promotitig,
10 programs onsistent with the goals atid objeetives of this aet shaR
11 e6, m.eys pttfsttant to paragraph (2) of subdivision (d) o
12 .
13 ,
14 eounty eommissions shall feeeive the portion oFthe total moneys
15
16
17
18 ,
pfovided that ea-.--
19
20
21
22
23
24 boaf:d of supeff isors and sha4l eonsist of at least five but not more
26 (i) Two members of the eo iion sha4l be ffom among
27
28 ,publie health
29 sefiees,behavioral health ser-iees, seeial servieeQ,, and tob—eev
30 and othef stbstattee abus ind tfeatment sefvtees.
31
32 .
33
34 be f�om among the persons desefibed in elattse (i) and pefso
35
36 ;
37 ; 'd ueatoft
38 resottfee of ref.effal agetter,or a loeal ehild eafe eoofdi ;
39
40 ; fepresentatives --of
❑s 99
SB 16 — 12-
1
12-1 eommunity based organizations that have the goal of promotiftg
2 4 early ehildhood development;
3 ,
4
5 (B) The mattnef of appoi...........E, seleetion,
6 members of the eottnty eommission, the duration and ftttmber of
7 , and any othef
8 maRers that the board of sttpet=visers deems neeessa
9
10 that membefs of the eotm ti shall not be eompensated
11 , exeept khey shall be paid feasonable per diem
12 and reimbttrsemetit of reasonable expenses for attend'
13
14
15 (G) The feqttifement that the eottnty eommission adopt an.
16 adequate and eomplete plan for the support atid
17 of earlyde ithin the eottnt�-
18
19 ,this aet and any guidelines adopted
20
21 13012S that afe in effeet at the time the plan is adepte4-.
22 , at tieltide the
23 following! a deseription of the goals and objeetives pfoposed to
24 , and pt:ojeets
25 proposed to be provided,sponsored,
26 of how measufable outeomes of ,
Un-
27
28 -liable indietttors. No eott..t., tlatel,-- plan shall be
29 deemed adeqttate or eomplete tttitil and unless the plan deseribeg
30 , Mid pfoj eets relating to early ehildho
31 develop %,jj't within the eottnt-y will be integrated into a
32 Ilible system.
33 ,
34
35 .
36
37 eounty fidnded pfograms thfough the ttse of applieable, reliable
38 indieatofs and review that infon:nation on a periodie basis as pmt
39 of the publie feview of its eotttity stfategie plati.
❑3 99
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1 (B) The fequirement that the eottnty eondttet at
2 least one pttblie hearing on its pfoposed eotmty strategie plan before
3 the plan is adopted.
4
5 least one publie hearing ot. it. petiodlie review of the eottnty
6
7 (F) The requiftment that the eotttity eommission submit its
8 ,
9 .o the stat e
10 (G) The requifement that the eottnty irepare and
11 adopt an afmttal attdit and report pursttant to Seet --f-H- The
12
13 to adopting any annual audit and repo.tt-.
14
15
16
17 130150.
18 (1) Two or more eottnties may R)fm a
19 adopt a joint eottnty strategie plan, of implement Joint programs,
20 .
21
22 .
23 (3) The eottnty has established a loeal Ghildren and Families
24 Trdst Fund pttfsttant to sttbparagfaph (A) of paragraph (2) 4
25 .
26 (b) Notwith standing any provision of this aet to the eomtfttt=y,
27 no moneys made available to eottnty eommissiotts ttnde.r
28 ,
29 afty pfograms,aet v ieea,
30
31
32
33
34 (e) in the event that any eottnty eleets not to paftieipate itt the
35 Galifomia Ghildren and Families Progam, the mott .-El
37
38 Following fiseal year.
39 , and finf:
40 eaeh fiseal year thefeaftef,
❑3 99
SB 16 — 14-
1
14-1 porfiott of the total moneys available to all eotttity
2 equal to the pefeentage of the ntttnber of bifths f:eeofded in the
3
4 to the nttmber of bifths reeorded in all of the eottnties
5
6 ,
7 Left satisfied-
8
sfled8 , after the required pttblie
9
10
11 , and has submitted the plan to the state
12
13
14 heafings, and has prepared and submitted all audits and repofts
15 .
16
17
18Seetion 130150.
19 , has adopted
20
21 (A) With regard to eonfliet of interest of the eommission
22 members, the eottnty eommissiott's
23
24 Division n or Title 1 o the Qoventment Gude, izwelt 4.7
25
26 Title 1 of the Govemment Gode,
27 .
28 , the eottnty
29
30
31 , C-hapter -2
32
33 Publie Gontraekt Code, Seetion 3410 of the n._t_iie no_.traet Goat,
34 and Chapter -3.5 (eommeneing with Seetion 2-2150) of Part 3 of
35 Division -2 oFthe
n._bi:,. Gott_. t rod.
36 , has adopted a
37
38 budget that may be spent ott admittistrative ftmetions,pttrsttant
39 guidelines issued by the state eontmission that define adflftiflistfatiVe
40 ftmetions.
Q 99
- 15— SB 16
1 ,
2 polieies and 41ishing the salaries and benefits of.
3
4
5 pel-ieies.
6 (e) in the event that any eounty eleets not to eontinue
7 in the GalifiDmia Ghildfett and Families Pfogram,any
8
9 Grraf -rusrae-rettcrrea-rotrre-Garrrozzrra
10 Children Families -r_..,t rung for ealloeationand
11
12 yeas
13 " meatts the
14
15 reeofded_eside-
16 SEC. 11. Section 130140.1 of the Health and Safety Code is
17 repealed.
18 130140.1. (a) Intheeventaeountyel pate in the
19 , satisfies the
20 fequifements set f6fth in Seetion 13 140, the ea—ty may estab
21
22
23 (2) An ageney of the eounty with independent authority ove
24
25 b
26 .
27
28 , the f6ilowing
29
30 (1) The eott on shall be eotisidered a legal publie
31 te from the eottnty, and shall file a statement as
32 required by Seetion 53051 of the Govefritnent Code.-
33 , and responsibilities of the eottnty
34 ,
the following-
35 (A) The power to employ pefsonnel and eontraet fim personal
36 .
37
38 .
0 99
SB 16 — 16-
1
16-1 , and dispose of real o
2 personal pfopefty, as "eeessat=y or ap. tany out the
3 d ptuposes of this diviston-.
4 .
5 (3) The eo sion shall be deemed to be a publie
6
7 pfogfams and othef Pdtiding and loan gttafantee programs.
8 ,
9 eontraettial, of othefwise, shall be obligations solely of the
10 eommission.
11
12
13 900) and Paft 4 (eomfneneing with Seetion 949) of Division 3-.-6
14 of Title 1 of the Govemment Code, ex by othe
15 statutes ot:fegulations that expressly apply to eotm
16 , its members, and its employees
17 are proteeted by the immttnities applieable to pttblie entities and
18
19
20 of Title 1 of the Govemment Code, ex by othe
21 statutes or regulations that apply expressly to the eottnty
22 eommissions.
23 (7) if a eottnty board of leets not to eontintte the
24 '
25 Program,
26 eommissien.
27
28 , an ttppfopft
29 iod to allow for the eotinty eommissim's then existing
30 *R Qq*iQfit-d—
obligatio to —tis
31 (B) in event of temination,any tmetteumbered and ttnexpended
32 moneys remaining ift the loeal Children and Families Tfust Ftmd
33 .
34
35 of sttpefvisofs shall notify the state Childt. and Families
36
37 (9) The liabilities of the eotttity eommission shall not beeome
38
39 . . ot: the liquidation of disposition of the eattnty
40 .
Es 99
-17— SB 16
1
2 , the eotm�Y
3 eommission shall be deemed to be att ageney of the eounty with
4 independent authority over the strategie plan deseribed in Seetieft
6 pursuatit to stbpafagaph (A) of paragraph (2) of subdivision (d)
7 of Seetio_ 130105
8 (d) Any eo sion established prior to the effeetive
9 date of this seetion that stbstantially eomplies with the pfovisiong
10 of either subdivision(b)of(e)shall be deemed to be in eomplianee
12 (e) (1) individually identifiable physieal of mental health
14 infiDrimation, personnel of employment infofmation, finafteial
15 , or demographie
16 ,
17 or other family member, that is provided to a eotm ft
18 ,
19 health plan, publie health authority,
20 ,
21 , and may be diselosed
22 only to a pefson, agerter, or entity that reeeives ftmding ffofn the
23 eotmty eommission, by way of a grant award of eontf:aet or a
24 , and
25 only to the extent neeessaty to the provision of sefviees, unless
26
27 or legal guardian,ot:whefe diselostffe is required by state of Fedefa4
28 lam
29
30
31
32 Division 7 of Title 1 of the Goventment Code).
33 SEC. 12. Section 130145 of the Health and Safety Code is
34 repealed.
35
36 shall establish otte or more adviso 'S to pfovi&�
37
38 that will be benefieial itt fteeomplishing the ptifposes of this aet.-
39 Faeh advis tee shall meet and shall make
40
Q 99
SB 16 —18-
1 SEC. 13. Section 130150 of the Health and Safety Code is
2 repealed.
3 4 30150. (a) On or before Getober 15 of eaeh year,eaeh eottnty
4 ,
5 on the imp4ementation and peffibfmanee of-, its ftmetions . b
6 the preeeding fiseal year, ineittding, at 'he mannef in
7 whieh ftmds were expended, the p trd, and
8 , and infi5fmation
9
10 programs.
11 ,
12 shall sttbinit its attdit and report to the state eommission fof
13
14
15 fimmat preseribed by the state eammission if the stat t
16
17 during whieh it is to be ttsed by the eotm its.The state
18 eommission shall develop the fi)nnat emsultation with the
19 eotttity eommissions.
20 ,on or bef;Dre janttary 31 of eaeh
21 year, do both of the
22
23
24 dttfing the preeeding fiseal yeat, ineittding, at a minimttm, the
25 matmeir in whielt ftmds were expended and the progfess toward'.
26 .
27 ,
28 atittlyzes,
29
30 pfeeeding fiseal year. The wfitten fepoft shall ineittde a iisting,by
31
32
33 .
34 This repoff by the state eommission shall be transmitted to the
35 .
36
37 , the state eommission
38 may withhold ftmds that wottid othefwise have been alloettted-tf�
39
0 99
-19— SB 16
1
2 submits the data as reqttired by stbdivision (a).
3 (e) The state . . hall make eopies ofeaeh ofits annual
4
5
6
7
8 .
9
10
11 .
12 SEC. 14. Section 130151 of the Health and Safety Code is
13 repealed.
14 ,
15
16
17 ofSeetion 130450 and assoeiated qttality eontfol ftmetions,subjeet
18 to ftmding by the state eommission.
19
20
21 s
22 ,to determine whethef
23 they are in plaee pttfsttatit to pafagraph (4) of subdivision (d) of
24
25 , and whet-her thes`e&
26
27 .
28 '
29 defittitiotts eo state eomm ssion's
30
31 eosts.
32 , established pttfsttant to paragraph,
33 , designed to assttfe
34
35
36
37
38
39 established pttrsttatit to paragaph(1)of sttbdivision(a)of Seetio.n.
40 130140.
❑3 99
SB 16 —20-
1
20-1 , to detentiine whethef state and
2 eottnty eommissions have these plans and that the pians have beett
3
4 .
5 (7) Amount eommissions spend on program evaittation and the
6 doettmented resttits ofthese expendittties.
7 ,
8
9
10 .
11
12 i ,
13 simultaneottsly to both the Gontfollef and to the state eommissiott
14
15 (d) The state eommission and etteh fespeeti��
16 eommission shall sehedttle a pttblie hearing within two months-of
17 reeeipt of the atidit to disettss findings within the feport and a"
18 response to the findings. Within two weeks of the pttblie hearing-,
19 the state or eottnty eommission shall submit to the Gontrolle
20 .
21 (e) Within six months of the state or eounty eommission�s
22 ,the Gontrollef shall detemine
23
24 .
25 i ,
26 tmend to the state eommission to withhold the all-R-e-siti-on. -Af ".q.oney that the
27
28 Ghildfen and Families 4:fttst Fund ttntil the Controllet:determines
29 that the eottnty eommission has a viable plan and the ability to
30 eotTeet the praetiees identified itt the au4it-.
31
32 attdits and submit the repoft to the state eommission by November
33
34 .
35 , the Gontfoller shall pfesent to
36
37 and implementation plan. When developing the gttidelines, the
38
39 and administrative bttrden of the feqttired attdit ftmetions.
03 99
-21— SB 16
1 SEC. 15. Section 130155 of the Health and Safety Code is
2 repealed.
3 139155. The following definitions apply for ptuposes of thtig
4 aet-
5 'Aet" means the California Children and Families Aet of
6 1998.
7 «
8 families eommissio est—ablished in aeeordanee wi`ai-Seetroa
9 130140.
10 " means the plan adopted by eae.h..
11
12
13 139140.
14 " means the Galifomia Children an
15 Farm.:"" Go tabiished-in aeeordattee with-Seetivir
16 130110.
13
17 SEC. 16. (a) Each county commission established pursuant to
18 Division 108 (commencing with Section 130100) of the Health
19 and Safety Code shall distribute local Children and Families Trust
20 Fund moneys that remain unencumbered as of the date that this
21 act is approved by the voters, as provided in subdivision(b).
22 (b) (1) The county commission shall distribute 50 percent of
23 the unencumbered moneys in the local Children and Families Trust
24 Fund as of the date this act is approved by the voters,to the county
25 office of education. The county office of education shall share
26 these funds with the school districts in the county, pursuant to a
27 distribution formula based on average daily attendance(ADA)for
28 the immediately preceding school year for the county office of
29 education and each school district.The county office of education
30 shall distribute funds received from the county commission in
31 accordance with this formula,within 90 days after receipt. Funds
32 distributed pursuant to this paragraph shall be expended by the
33 county office of education and school districts for any lawful
34 purpose related to the operation of the county office of education
35 or school district.
36 (2) The county commission shall distribute 50 percent of the
37 unencumbered moneys in the local Children and Families Trust
38 Fund as of the date this act is approved by the voters,to the county
39 treasurer. Within 90 days after receipt, the county treasurer shall
40 deposit 50 percent of the amount received into the county general
3l 99
SB 16 —22-
1 fund, and shall distribute the remaining 50 percent to the
2 incorporated cities within the county,divided on a per capita basis.
3 If there are no incorporated cities within the county, the treasurer
4 shall deposit the total amount received into the county general
5 fund.
6 (3) Each county office of education may retain not more than
7 sixty thousand dollars($60,000)of the total amount distributed to
8 the county office of education for administrative purposes. Each
9 county treasurer may retain not more than sixty thousand dollars
10 ($60,000) of the total amount distributed to the county treasurer
11 for administrative purposes.
12 (c) Any unencumbered moneys from the California Children
13 and Families Trust Fund held by the California Children and
14 Families Commission on the date this act is approved by the voters
15 shall be deposited into the General Fund. Moneys deposited into
16 the General Fund pursuant to this subdivision shall not be subject
17 to the expenditure limitations contained in subdivision (d) of
18 Section 130105 of the Health and Safety Code, as amended by
19 Section 3 of this act.
20 SEC. 17. (a) The California Children and Families Commission
21 established pursuant to Section 130110 of the Health and Safety
22 Code shall be abolished 90 days after the date that this act is
23 approved by the voters. Existing contracts and obligations of the
24 commission as of that date shall be assumed by the Secretary of
25 California Health and Human Services, or his or her designee.
26 (b) County children and families commissions established
27 pursuant to Section 130140 of the Health and Safety Code shall
28 be abolished 90 days after the date that this act is approved by the
29 voters. Existing contracts and obligations of each commission as
30 of that date shall be assumed by the respective counties.
31 SEC. 18. Sections 1, 2, and 4 to 15, inclusive, of this act shall
32 become operative 90 days after the date this act is approved by the
33 voters.
34 SEC. 19. (a) As an amendment of an initiative statute,Sections
35 1 to 18, inclusive, of this act shall become effective only upon
36 approval by the voters at a statewide election.
37 (b) Sections 1 to 18, inclusive, of this act shall be submitted to
38 the voters at the next statewide election in accordance with
39 provisions of the Government Code and the Elections Code
40 governing the submission of a statewide measure to the voters.
M3 99
-23— SB 16
1 SEC. 20. The provisions of this act are severable. If any
2 provision of this act or its application is held invalid,that invalidity
3 shall not affect other provisions or applications that can be given
4 effect without the invalid provision or application.
5 SEC. 21. This act is an urgency statute necessary for the
6 immediate preservation of the public peace,health,or safety within
7 the meaning of Article IV of the Constitution and shall go into
8 immediate effect. The facts constituting the necessity are:
9 In order to provide critical funding for health care services that
10 have been jeopardized by the current budgetary crisis, it is
11 necessary that this act take effect immediately.
O
�3 99