HomeMy WebLinkAboutMINUTES - 04162013 - C.27RECOMMENDATION(S):
ADOPT positions of "Support" on various state bills as specified in the report, as recommended by the Legislation
Committee of the Board of Supervisors.
AB 141 (Gorell): Elections: Write-in Candidates
AB 182 (Buchanan): Bonds: School Districts
AB 748 (Eggman): Judgments Against the State: Interest
SB 283 (Hancock): CalWORKs and CalFresh Eligibility
AB 244 (Bonilla): Vehicles: License Plates: Veterans
AB 531 (Frazier): Driver's License: Veterans Designation
SB 296 (Correa): County Veterans Service Officers
FISCAL IMPACT:
No fiscal impact to the County from this action to support these bills. The bills themselves may have a beneficial
impact to the County.
BACKGROUND:
At their April 4, 2013 meeting, the Legislation Committee of the Board of Supervisors considered the following bills
and accepted staff's recommendations to forward the bills to the Board of Supervisors for the adoption of a position
of "support."
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/16/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney (925)
335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 16, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.27
To:Board of Supervisors
From:Legislation Committee
Date:April 16, 2013
Contra
Costa
County
Subject:Support Positions on Pending Legislation
a)
BACKGROUND: (CONT'D)
AB 141 (Gorell): Elections: Write-in Candidates (Attachment A) – This bill requires that a write-in candidate
for a voter-nominated office receive votes at the direct primary election equal in number to at least 1% of all votes
cast for the office at the last preceding general election at which the office was filled in order for his or her name
to be placed on the general election ballot as a candidate for that office.
STATUS: 01/17/2013 INTRODUCED.
DISPOSITION: Pending, Assembly Elections and Redistricting Committee
HEARING: 05/07/2013 1:30 pm, Room 444
b) AB 182 (Buchanan): Bonds: School Districts(Attachment B) – Existing law authorizes the governing board
of any school district or community college district to order an election and submit to the electors of the district
the question whether the bonds of the district should be issued and sold to raise money for specified purposes.
Existing law requires the bonds to bear a rate of interest that does not exceed 8% per annum and requires the
number of years the whole or any part of the bonds are to run to not exceed 25 years. This bill would require the
ratio of total debt service to principal for each bond series to not exceed 4 to one. The bill would require each
capital appreciation bond maturing more than 10 years after its date of issuance to be subject to mandatory
tender for purchase or redemption before its fixed maturity date, as specified, beginning no later than the 10th
anniversary of the date the capital appreciation bond was issued .
AB 182 reforms the structure and sale of capital appreciation bonds (CABs). The accrual and compounding of
interest on long-dated CABs can leave taxpayers with a staggering amount of debt on a facility that will
sometimes be over a decade old before the first payment on it is due--not a prudent or reasonable way to manage
taxpayer dollars raised to fund public facilities. The alarmingly-widespread practice of using long-dated CABs
with debt–service holidays has been much chronicled, and over 200 school districts statewide have outstanding
CAB debt with repayment ratios of 8:1, 9:1, 10:1 and even more. Taxpayer reaction to these facts is
overwhelmingly negative and could affect the long-term trust of voters in approving any type of bond for any
type of project.
The Board of Supervisors is responsible for ensuring the delivery of publicly funded projects that are sometimes
funded with voter-approved bonds. The integrity of those transactions must be beyond reproach. Any practice in
the public finance realm that casts doubt upon the integrity of expenditures and the prudent use of taxpayer funds
jeopardizes the prospect of bond funding being approved by the voters in the future.
DISPOSITION: Pending in Senate
c) AB 748 (Eggman): Judgments Against the State: Interest (Attachment C) – This bill provides that interest
on the amount of a judgment or settlement for the payment of money against the state shall accrue on the amount
allowed on the claim at no more than the average Pooled Money Investment Account rate for the previous fiscal
year. Provides that this accrual rate also applies to interest on the amount of a judgment for the payment of
money against local public entities, except as otherwise provided by contract.
AB 748 would tie the judicial interest rate for public entities to the Pooled Money Investment Account rate. This
measure, sponsored by the Urban Counties Caucus, is awaiting hearing in the Assembly Judiciary Committee.
Under current law, the interest rate for judgments against public entities is 7 percent. By way of comparison, the
interest rate on federal judgments is indexed to a Treasury yield, which currently sits at less than 1 percent. At a
time of historically low interest rates, we believe it is appropriate to revise the mechanism by which judgment
interest rates are calculated. Specifically, AB 748 would allow the judicial interest rate against public entities to be
set at the previous year’s Pooled Money Investment Account rate, up to the existing rate of 7 percent.
The change comes at no cost to the taxpayers and, importantly, would free up resources for the public benefit.
CSAC also supports the bill.
DISPOSITION: Pending in Assembly Judiciary Committee
d) SB 283 (Hancock): CalWORKs and CalFresh Eligibility (Attachment D)– Existing law requires each
county to provide cash assistance and other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy
Families (TANF) block grant program, state, and county funds. Under existing law, an individual is ineligible for
aid if the individual has been convicted after December 31, 1997, of any offense classified as a felony and that
has as an element the possession, use, or distribution of a controlled substance. This bill would authorize
CalWORKs benefits to be paid to an individual who is convicted after December 31, 1997, of any offense
classified as a felony that has as an element the possession, use, or distribution of a controlled substance. If the
person is on supervised release, he or she would be ineligible for CalWORKs benefits during any period of
revocation of that supervised release. This bill contains other related provisions and other existing laws.
Under existing law, individuals with drug-related felonies are allowed to be eligible to receive Supplementary
Nutrition Assistance Program (SNAP, or food stamps) benefits. In addition, there are 13 other states which have
opted out of the federal lifetime ban on receiving Temporary Assistance to Needy Families (TANF) funding for
those with past drug felonies.
SB 283 would provide counties with additional resources to deal with the passage of the 2011 Public Safety
Realignment. Counties are beginning to implement this change and are designing programs and the tools
necessary to reduce recidivism and help these individuals to return to the workplace. By removing the lifetime ban
on receiving CalWORKs and CalFresh benefits, this bill would allow counties to provide employment activities
and services to recipients which will help them to reintegrate into society.
SB 283 also includes safeguards that require parents to certify that they are participating in or have completed a
treatment program. Therefore, this bill will ensure that these individuals are receiving the treatment they need and
also assist those individuals with housing costs, job training and other programs which are critical in making the
2011 Public Safety Realignment a success.
Both UCC and CSAC support this bill. The bill is opposed by the California Narcotic Officers’ Association and
the California Police Chiefs Association.
DISPOSITION: Pending in Senate Appropriations Committee
e) AB 244 (Bonilla): Vehicles: License Plates: Veterans. (Attachment E)– This bill authorizes a veterans
organization to participate in a special interest license plate program to provide special license plates to veterans
of the United States Armed forces. Prohibits an applicant from being issued these special license plates unless he
or she establishes, by satisfactory proof, that he or she is a veteran. Requires these special interest license plates
be subject to the additional fees and that the revenue be deposited in the Veterans Service Office Fund.
Assemblywoman Susan A. Bonilla has introduced a bill that will reestablish the “Veterans” license plate that is
reserved for Californians who have served in the armed forces. AB 244 will reestablish the “Veterans” license
plate that was discontinued in 2010 and was replaced by the “Honoring Veterans” plate that can be purchased by
any Californian who wishes to support veterans. That plate will still continue to be available if AB 244 is passed.
California has the largest population of veterans in the nation. Slightly less than two million veterans reside in
California, with over 37,000 veterans returning to California each year. The funds generated by the sales of the
“Veterans” license plate will be distributed to County Veterans Service Offices to help maintain their operations.
DISPOSITION: Pending in Assembly Transportation Committee
HEARING: 04/22/2013 1:30 pm, Room 4202
f) AB 531 (Frazier): Driver's Licenses: Veteran Designation. (Attachment F)– This bill requires the
application for a driver's license or identification card to also allow a person to present to the Department of
Motor Vehicles in a manner determined by the department, a Certificate of Release or Discharge from Active
Duty and to request the driver's license identification card be printed with the word VETERAN. Requires the
charging of an additional fee. Requires the fee revenues to expended for the support of county veterans service
officers.
Assemblymember Jim Frazier has introduced a bill which will allow California military veterans to apply for a
driver’s license that clearly identifies them as a veteran. There are a number of federal, state, and local benefits
and services available to veterans, including assistance with employment, housing, health and counseling benefits,
and educational opportunities. Allowing veterans to apply for a driver’s license with a “Veteran” designation will
allow them to quickly and easily identify themselves and access the services and benefits they are entitled to,
without having to carry around their official discharge papers.
DISPOSITION: Pending in Assembly Appropriations Committee
g) SB 296 (Correa): County Veterans Service Officers. (Attachment G)– This bill appropriates funds from the
General Fund to the Department of Veterans Affairs for the disbursement to counties to fund the activities of
county veterans service officers.
SB 296 would increase by $9 million the amount of state assistance provided to counties to fund the activities of
county veterans service officers. Funding for CVSOs is shared by counties and the state, with counties currently
providing 84% of the costs associated with the services provided by CVSOs and the State providing the remaining
16%. The California Department of Veterans Affairs reports that since 1995, the CVSOs have acquired more than
$3 billion in federal benefits for California’s veterans, scoring a high return for the funding the State allocates to
them. The State’s allocation for funding for CVSOs has not changed in 18 years; as many veterans are, and will
be, returning to counties from service in Iraq and Afghanistan, it is important to expand these services by
increasing the State’s share of funding for CVSOs.
DISPOSITION: Pending in Senate Appropriations Committee
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Attachment A: AB 141
Attachment B: AB 182
Attachment C: AB 748
Attachment D: SB 283
Attachment E: AB 244
Attachment F: AB 531
Attachment G: SB 296
california legislature—2013–14 regular session
ASSEMBLY BILL No. 244
Introduced by Assembly Member Bonilla
February 6, 2013
An act to amend Section 5069 of, and to add Section 5068.5 to, the
Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 244, as introduced, Bonilla. Vehicles: license plates: veterans.
Existing law requires the Department of Motor Vehicles to issue
special license plates under a special interest license plate program, as
specified, and authorizes organizations, including veterans’
organizations, to participate in that program. Existing law authorizes
any person who is the registered owner or lessee of a vehicle to apply
for a special interest license plate that has a distinctive design or decal
that honors all veterans or veterans who served in a particular war or
armed conflict. Under existing law, these special interest license plates
are subject to fees for issuance, renewal, or personalization that are
additional to those required for nonspecialized license plates. Existing
law requires that the revenue from those additional fees, less the
department’s costs, be deposited in the Veterans Service Office Fund,
and further requires that money in the Veterans Service Office Fund be
available, upon appropriation by the Legislature, to the Department of
Veterans Affairs for allocation and disbursement to counties for the
operation of county veterans service offices.
This bill would additionally authorize a veterans’ organization to
participate in a special interest license plate program to provide special
license plates to veterans of the United States Armed Forces. The bill
would prohibit an applicant from being issued these special license
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plates unless he or she establishes, by satisfactory proof, that he or she
is a veteran, except as specified. The bill would require that these special
interest license plates be subject to the additional fees described above,
and that the revenue from those additional fees, less the department’s
costs, be deposited in the Veterans Service Office Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 5068.5 is added to the Vehicle Code, to
line 2 read:
line 3 5068.5. (a) (1) A veterans’ organization that meets the
line 4 minimum application requirement specified in subdivision (d) of
line 5 Section 5060 by applying either individually or with other veterans’
line 6 organizations shall be issued a license plate bearing a distinctive
line 7 design or decal approved under subdivision (a) of Section 5060.
line 8 (2) Special interest license plates issued under this section may
line 9 be issued in a combination of numbers or letters, or both, requested
line 10 by the owner or lessee of the vehicle, to be displayed in addition
line 11 to the design or decal authorized under paragraph (1), subject to
line 12 Section 5105.
line 13 (b) (1) The special interest license plates described in this
line 14 section shall be issued only to veterans of the United States Armed
line 15 Forces. An applicant shall not be issued a special interest license
line 16 plate unless he or she establishes, by satisfactory proof, that he or
line 17 she is a veteran.
line 18 (2) Notwithstanding paragraph (1), a veteran who was issued a
line 19 special license plate pursuant to Section 5068 on or before January
line 20 1, 2012, shall be issued a special license plate under this section
line 21 without providing proof of his or her veteran status.
line 22 (c) In addition to the regular fees for an original registration, a
line 23 renewal of registration, or a transfer of registration, the following
line 24 fees shall be paid by individuals applying for a special interest
line 25 license plate or a decal issued under this section:
line 26 (1) Fifty dollars ($50) for the initial issuance of the plates and
line 27 decals. The plates shall be permanent and shall not be required to
line 28 be replaced.
line 29 (2) Forty dollars ($40) for each renewal of registration that
line 30 includes the continued display of the plates or decals.
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line 1 (3) Fifteen dollars ($15) for transfer of the plates to another
line 2 vehicle.
line 3 (4) Thirty-five dollars ($35) for replacement plates, if they
line 4 become damaged or unserviceable.
line 5 (5) Ten dollars ($10) for replacement decals, if they become
line 6 damaged or unserviceable.
line 7 (6) Seventy-eight dollars ($78) for the personalization of the
line 8 plates, as authorized under paragraph (2) of subdivision (a).
line 9 SEC. 2. Section 5069 of the Vehicle Code is amended to read:
line 10 5069. Revenue derived from the additional special fees
line 11 provided in Section Sections 5068 and 5068.5, less costs incurred
line 12 by the department pursuant to this article, shall be deposited in the
line 13 Veterans Service Office Fund, created by Section 972.2 of the
line 14 Military and Veterans Code.
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AB 244— 3 —
AMENDED IN SENATE APRIL 1, 2013
SENATE BILL No. 296
Introduced by Senator Correa
February 15, 2013
An act to add Section 972.3 to the Military and Veterans Code,
relating to county veterans service officers, and making an appropriation
therefor.
legislative counsel’s digest
SB 296, as amended, Correa. County veterans service officers.
Existing law requires funds to be disbursed each fiscal year on a pro
rata basis to counties that have established and maintained a county
veterans service officer in accordance with the staffing level and
workload of each county veterans service officer, under a specified
formula.
This bill would appropriate the sum of $5,000,000 $9,000,000 from
the General Fund to the Department of Veterans Affairs for the
disbursement to counties to fund the activities of county veterans service
officers and veterans service organizations, as specified.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) The recent conflicts in the countries of Iraq and Afghanistan
line 4 are creating an entirely new generation of veterans who may be
line 5 eligible for federal veterans benefits because of their war service
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line 1 and their physical and mental condition. California service
line 2 members make up to 10 percent of the military forces used in these
line 3 conflicts.
line 4 (b) The California National Guard and California-based reserve
line 5 units have contributed significantly to these current conflicts.
line 6 (c) Many of these returning California veterans are not aware
line 7 of the federal and state benefits that are available to them.
line 8 (d) Additionally, it is estimated that in California there may be
line 9 over two million veterans and their widows or widowers, who are
line 10 unaware that they may be eligible for pensions from the federal
line 11 government based upon their past military service in World War
line 12 II, Korea, Vietnam, or the Gulf War.
line 13 (e) California’s county veterans service officers (CVSO’s) are
line 14 the initial local point of contact for claimants accessing the United
line 15 States Department of Veterans Affairs.
line 16 (f) The costs of maintaining CVSO’s are shared from county
line 17 general funds and state reimbursement to the counties. In 1997, in
line 18 order to track performance, the Governor signed into law Senate
line 19 Bill 608, which required the Department of Veterans Affairs to
line 20 annually report the amount of monetary benefits paid to veterans
line 21 by the federal government that were attributable to the assistance
line 22 of CVSO’s. Senate Bill 608 of the 1997–98 Regular Session
line 23 requires the Department of Finance to consider an increase in the
line 24 annual budget for CVSO’s of up $5,000,000, to $5 million, if
line 25 approved in the yearly budget process. In 2009, the Governor
line 26 signed Senate Bill 419 into law, which raised this amount to
line 27 $11,000,000, if approved in the yearly budget process.
line 28 (g) As a result of this annual reporting, by the end of 2011 it
line 29 had been determined that from 1995 to 2011, the state had
line 30 cumulatively budgeted $36.2 million for its share of the cost of
line 31 the CVSO’s. As a result of this investment, CVSO’s were able to
line 32 assist local veterans in obtaining $3.3 billion in new federal
line 33 moneys. This is a return of about $91 for every dollar the state
line 34 allocates to CVSO’s. Furthermore, $3.6 billion only reflects the
line 35 actual monetary benefits qualified for in a given year. The monetary
line 36 benefits qualified for in prior years are not tracked, yet the veterans
line 37 and their dependents may continue to receive those benefits for
line 38 the rest of their life. Added to this stellar return on the state’s
line 39 investment, but not counted in the annual reporting are the
line 40 Medi-Cal cost avoidance savings incurred as a result of CVSO’s
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line 1 qualifying and shifting veterans away from Medi-Cal and onto the
line 2 appropriate federal veterans program.
line 3 (h) CVSO’s had accomplished all of this without ever reaching
line 4 the allowable state budget allocation of $5 million, set in 1997, or
line 5 the updated allowable allocation set in 2009. To date, the CVSO’s
line 6 have not received more than $2.6 million per year from the state.
line 7 (i) It is critical that the CVSO’s receive an increase in this
line 8 allocation because there continues to be a large number of
line 9 underserved veterans and their dependents who are not aware of
line 10 the federal benefits available to them as a result of their military
line 11 service. Studies from other states have shown that increases in
line 12 CVSO’s have resulted in larger amounts of federal moneys to the
line 13 veterans. These new federal moneys and benefits are paid directly
line 14 from the United States Department of Veterans Affairs to the
line 15 qualifying veteran or their dependent and are used in the local
line 16 economy.
line 17 SEC. 2. Section 972.3 is added to the Military and Veterans
line 18 Code, to read:
line 19 972.3. Notwithstanding any other law, the sum of five nine
line 20 million dollars ($5,000,000) ($9,000,000) is hereby appropriated
line 21 from the General Fund to the Department of Veterans Affairs for
line 22 the disbursement to counties in accordance with the existing
line 23 procedures established under Section 972.1. as follows:
line 24 (a) Seven million six hundred thousand dollars ($7,600,000) to
line 25 counties to fund the services of county veterans service officers,
line 26 including, but not limited to, increased outreach to veterans that
line 27 are unaware of benefits to which they may be entitled and assisting
line 28 veterans to file claims.
line 29 (b) One million four hundred thousand dollars ($1,400,000) to
line 30 veterans service organizations to support the services of those
line 31 organizations under Section 699.5, including, but not limited to,
line 32 outreach to veterans that are unaware of benefits to which they
line 33 may be entitled and assisting veterans to file claims.
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SB 296— 3 —
california legislature—2013–14 regular session
ASSEMBLY BILL No. 141
Introduced by Assembly Member Gorell
January 17, 2013
An act to amend Section 8605 of the Elections Code, relating to
elections.
legislative counsel’s digest
AB 141, as introduced, Gorell. Elections: write-in candidates.
Existing law provides for the name of a person written in on a ballot
for a voter-nominated office at a direct primary election to be placed
on the general election ballot as a candidate for that office if the person
received, at the direct primary election, the highest number of votes
cast for the office or the second highest number of votes cast for the
office, except as provided.
This bill would require that a write-in candidate for a voter-nominated
office receive votes at the direct primary election equal in number to
at least 1% of all votes cast for the office at the last preceding general
election at which the office was filled in order for his or her name to
be placed on the general election ballot as a candidate for that office.
The bill also would make clarifying and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 8605 of the Elections Code is amended
line 2 to read:
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Item #4--Attachment B
line 1 8605. No A person whose name has been written in upon a
line 2 ballot for an office at the direct primary election may not have his
line 3 or her name placed upon the ballot as a candidate for that office
line 4 for the ensuing general election unless one of the following is
line 5 applicable:
line 6 (a) At that direct primary election he or she received for a
line 7 partisan office votes equal in number to at least 1 percent of all
line 8 votes cast for the office at the last preceding general election at
line 9 which the office was filled. In the case of an office that has not
line 10 appeared on the ballot since its creation, the requisite number of
line 11 votes shall equal at least 1 percent of the number of all votes cast
line 12 for the office that had the least number of votes in the most recent
line 13 general election in the jurisdiction in which the write-in candidate
line 14 is seeking office.
line 15 (b) He or she is an independent nominee for a partisan office
line 16 pursuant to Part 2 (commencing with Section 8300).
line 17 (c) At that direct primary election he or she received for a
line 18 voter-nominated office the highest number of votes cast for that
line 19 office or the second highest number of votes cast for that office,
line 20 provided that he or she received votes equal in number to at least
line 21 1 percent of all votes cast for the office at the last preceding
line 22 general election at which the office was filled, except as provided
line 23 by subdivision (b) of Section 8142 or Section 8807.
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— 2 —AB 141
Item #4--Attachment B
AMENDED IN ASSEMBLY MARCH 20, 2013
california legislature—2013–14 regular session
ASSEMBLY BILL No. 531
Introduced by Assembly Members Frazier, Achadjian, Campos,
Eggman, and Lowenthal Lowenthal, and Wieckowski
(Coauthor: Assembly Member Buchanan)
February 20, 2013
An act to amend Section 12811 of, and to add Section 14901.1 to,
the Vehicle Code, relating to driver’s licenses.
legislative counsel’s digest
AB 531, as amended, Frazier. Driver’s licenses: veteran designation.
(1) Under existing law, when the Department of Motor Vehicles
determines that an applicant is lawfully entitled to a driver’s license,
the department is required to issue that license to the applicant. Existing
law specifies the contents of a driver’s license and requires the
application for a driver’s license or identification card to contain a space
for an applicant to indicate whether he or she has served in the Armed
Forces of the United States and to give his or her consent to be contacted
regarding eligibility to receive state or federal veterans benefits.
This bill would, commencing January 1, 2015, require the application
for a driver’s license or identification card to also allow a person to
present to the department, in a manner determined by the department,
a Certificate of Release or Discharge from Active Duty, as specified,
and to request the driver’s license or identification card be printed with
the word “VETERAN.” The bill would require the department to allow
an applicant to present a verification from the county veterans service
officer that the person has received that form. The department would
be required to print the word “VETERAN” on the face of a driver’s
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license or identification card issued to a person who makes that request
and presents that form to the department.
(2) Existing law establishes certain fee amounts for the applications
for, and renewal of, driver’s licenses and identification cards.
This bill would require the department to charge an additional fee in
an unspecified amount to a person who requests that the person’s
driver’s license or identification card be designated, as provided above.
The bill would require the department to forward $1 of the amount
collected to the Controller, for deposit in the Veterans Service Office
Fund. The bill would require the revenues deposited in the Veterans
Service Office Fund to be expended, upon appropriation by the
Legislature, for the support of county veterans service offices.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12811 of the Vehicle Code is amended
line 2 to read:
line 3 12811. (a) (1) (A) When the department determines that the
line 4 applicant is lawfully entitled to a license, it shall issue to the person
line 5 a driver’s license as applied for. The license shall state the class
line 6 of license for which the licensee has qualified and shall contain
line 7 the distinguishing number assigned to the applicant, the date of
line 8 expiration, the true full name, age, and mailing address of the
line 9 licensee, a brief description and engraved picture or photograph
line 10 of the licensee for the purpose of identification, and space for the
line 11 signature of the licensee.
line 12 (B) Each license shall also contain a space for the endorsement
line 13 of a record of each suspension or revocation of the license.
line 14 (C) The department shall use whatever process or processes, in
line 15 the issuance of engraved or colored licenses, that prohibit, as near
line 16 as possible, the ability to alter or reproduce the license, or prohibit
line 17 the ability to superimpose a picture or photograph on the license
line 18 without ready detection.
line 19 (2) In addition to the requirements of paragraph (1), a license
line 20 issued to a person under 18 years of age shall display the words
line 21 “provisional until age 18.”
line 22 (b) (1) On and after July 1, 2011, an application for an original
line 23 or renewal driver’s license or identification card shall contain a
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line 1 space for the applicant to enroll in the Donate Life California Organ
line 2 and Tissue Donor Registry. The application shall include check
line 3 boxes for an applicant to mark either (A) Yes, add my name to the
line 4 donor registry or (B) I do not wish to register at this time.
line 5 (2) The department shall inquire verbally of an applicant
line 6 applying in person for an original or renewal driver’s license or
line 7 identification card at a department office as to whether the applicant
line 8 wishes to enroll in the Donate Life California Organ and Tissue
line 9 Donor Registry. Failure or refusal to answer this question or check
line 10 a box on the application form shall not be a basis for the department
line 11 to deny an applicant a driver’s license or identification card.
line 12 (3) The following language shall be included with the question
line 13 required by paragraph (1):
line 14
line 15 “Marking ‘Yes’ adds your name to the Donate Life California
line 16 Organ and Tissue Donor Registry and a pink ‘donor’ dot will
line 17 appear on your license. If you wish to remove your name from the
line 18 registry you must contact Donate Life California (see back); DMV
line 19 can remove the pink dot from your licenses license but cannot
line 20 remove you from the registry.”
line 21
line 22 (4) The back of the application shall contain the following
line 23 statement:
line 24
line 25 “If, on the front of this form, you marked ‘Yes’ to register as an
line 26 organ and tissue donor you are legally authorizing the recovery of
line 27 organs and tissues in the event of your death. Registering as a
line 28 donor will not affect your medical treatment in any way. As
line 29 outlined in the California Anatomical Gift Act, your authorization
line 30 is legally binding and, unless the donor is under 18 years of age,
line 31 your decision does not require the consent of any other person.
line 32 For registered donors under 18 years of age, the legal guardian
line 33 shall make the final donation decision. You may limit your
line 34 donation to specific organs or tissues, place usage restrictions, for
line 35 example transplantation or research, obtain more information about
line 36 donation, or remove your name from the registry on the Internet
line 37 Web site of Donate Life California:
line 38 www.donateLIFEcalifornia.org.”
line 39
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AB 531— 3 —
line 1 (5) Notwithstanding any other law, a person under 18 years of
line 2 age may register as a donor. However, the legal guardian of that
line 3 person shall make the final decision regarding the donation.
line 4 (6) The department shall collect donor designation information
line 5 on all applications for an original or renewal driver’s license or
line 6 identification card.
line 7 (7) The department shall print the word “DONOR” or another
line 8 appropriate designation on the face of a driver’s license or
line 9 identification card to a person who has indicated on the application
line 10 his or her intent to enroll in the organ donation program pursuant
line 11 to this section.
line 12 (8) On a weekly basis, the department shall electronically
line 13 transmit to Donate Life California, a nonprofit organization
line 14 established and designated as the California Organ and Tissue
line 15 Donor Registrar pursuant to Section 7150.90 of the Health and
line 16 Safety Code, all of the following information from every
line 17 application that indicates the applicant’s decision to enroll in the
line 18 organ donation program:
line 19 (A) His or her true full name.
line 20 (B) His or her residence or mailing address.
line 21 (C) His or her year of birth.
line 22 (D) His or her California driver’s license number or
line 23 identification card number.
line 24 (9) (A) A person who applies for an original or renewal driver’s
line 25 license or identification card may designate a voluntary
line 26 contribution of two dollars ($2) for the purpose of promoting and
line 27 supporting organ and tissue donation. This contribution shall be
line 28 collected by the department, and treated as a voluntary contribution
line 29 to Donate Life California and not as a fee for the issuance of a
line 30 driver’s license or identification card.
line 31 (B) The department may use the donations collected pursuant
line 32 to this paragraph to cover its actual administrative costs incurred
line 33 pursuant to paragraphs (6) to (8), inclusive. The department shall
line 34 deposit all revenue derived pursuant to this paragraph and
line 35 remaining after the department’s deduction for administrative costs
line 36 in the Donate Life California Trust Subaccount, that is hereby
line 37 created in the Motor Vehicle Account in the State Transportation
line 38 Fund. Notwithstanding Section 13340 of the Government Code,
line 39 all revenue in this subaccount is continuously appropriated, without
line 40 regard to fiscal years, to the Controller for allocation to Donate
98
— 4 —AB 531
line 1 Life California and shall be expended for the purpose of increasing
line 2 participation in organ donation programs.
line 3 (C) The department shall transmit to the Donate Life California
line 4 Organ and Tissue Donor Registry and the appropriate policy and
line 5 fiscal committees of the Legislature an annual report, and shall
line 6 make available quarterly updates, detailing funds collected through
line 7 voluntary contributions as well as a summary of applicants,
line 8 including all of the following nonidentifiable information:
line 9 (i) Date of application.
line 10 (ii) Method of application (field office, online, or mail).
line 11 (iii) Donor registration status.
line 12 (iv) ZIP code.
line 13 (v) Gender.
line 14 (vi) Year of birth.
line 15 (D) (i) The annual report to be submitted to the appropriate
line 16 policy and fiscal committees of the Legislature pursuant to
line 17 subparagraph (C) shall be submitted in compliance with Section
line 18 9795 of the Government Code.
line 19 (ii) Pursuant to Section 10231.5 of the Government Code, the
line 20 requirement for submitting the annual report to the appropriate
line 21 policy and fiscal committees of the Legislature imposed under
line 22 subparagraph (C) is inoperative four years after the date the first
line 23 annual report is due.
line 24 (10) The enrollment form shall be posted on the Internet Web
line 25 sites for of the department and the California Health and Human
line 26 Services Agency.
line 27 (11) The enrollment shall constitute a legal document pursuant
line 28 to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
line 29 with Section 7150) of Part 1 of Division 7 of the Health and Safety
line 30 Code) and shall remain binding after the donor’s death despite any
line 31 express desires of next of kin opposed to the donation. Except as
line 32 provided in paragraph (5) of subdivision (b), the donation does
line 33 not require the consent of any other person.
line 34 (12) Donate Life California shall ensure that all additions and
line 35 deletions to the California Organ and Tissue Donor Registry,
line 36 established pursuant to Section 7150.90 of the Health and Safety
line 37 Code, shall occur within 30 days of receipt.
line 38 (13) Information obtained by Donate Life California for the
line 39 purposes of this subdivision shall be used for these purposes only
line 40 and shall not be disseminated further by Donate Life California.
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AB 531— 5 —
line 1 (c) (1) All applications for a driver’s license or identification
line 2 card shall contain a space for an applicant to indicate whether he
line 3 or she has served in the Armed Forces of the United States and to
line 4 give his or her consent to be contacted regarding eligibility to
line 5 receive state or federal veterans benefits. The application shall
line 6 contain the following statement:
line 7
line 8 “By marking the veteran box on this application, I certify that I
line 9 am a veteran of the United States Armed Forces and that I want
line 10 to receive veterans benefits information from the California
line 11 Department of Veterans Affairs. By marking the veteran box on
line 12 this application, I also consent to DMV transmitting my name and
line 13 mailing address to the California Department of Veterans Affairs
line 14 for this purpose only, and I certify that I have been notified that
line 15 this transmittal will occur.”
line 16
line 17 (2) The department shall collect the information obtained
line 18 pursuant to paragraph (1).
line 19 (3) As mutually agreed between the department and the
line 20 Department of Veterans Affairs, the department shall electronically
line 21 transmit to the Department of Veterans Affairs the following
line 22 information on each applicant who has identified that he or she
line 23 has served in the Armed Forces of the United States since the last
line 24 data transfer and has consented to be contacted about veterans
line 25 benefits:
line 26 (A) His or her true full name.
line 27 (B) His or her mailing address.
line 28 (4) Information obtained by the Department of Veterans Affairs
line 29 for the purposes of this subdivision shall be used for the purpose
line 30 of assisting individuals to access veterans benefits and shall not
line 31 be disseminated except as needed for this purpose.
line 32 (5) The Commencing January 1, 2015, the application for a
line 33 driver’s license or identification card shall also allow a person to
line 34 present to the department, in a manner determined by the
line 35 department, a Certificate of Release or Discharge from Active
line 36 Duty (DD Form 214) issued pursuant to Part 45 (commencing with
line 37 Section 45.1) of Title 32 of the Code of Federal Regulations, and
line 38 to request the driver’s license or identification card be printed with
line 39 the word “VETERAN.” The department shall allow an applicant
line 40 to present a verification that the person has received a DD Form
98
— 6 —AB 531
line 1 214 from the county veterans service officer appointed pursuant
line 2 to Section 970 of the Military and Veterans Code. Upon payment
line 3 of the fee required pursuant to Section 14901.1, the department
line 4 shall print the word “VETERAN” on the face of a driver’s license
line 5 or identification card issued to a person who makes this request
line 6 and presents the DD Form 214 to the department.
line 7 (d) A public entity or employee shall not be liable for loss,
line 8 detriment, or injury resulting directly or indirectly from false or
line 9 inaccurate information contained in the form provided pursuant
line 10 to subdivision (b).
line 11 (e) A contract shall not be awarded to a nongovernmental entity
line 12 for the processing of driver’s licenses, unless the contract conforms
line 13 to all applicable state contracting laws and all applicable procedures
line 14 set forth in the State Contracting Manual.
line 15 SEC. 2. Section 14901.1 is added to the Vehicle Code, to read:
line 16 14901.1. (a) In addition to the fees required by Section 14900,
line 17 14900.1, or 14902, the department shall charge a fee in the amount
line 18 of ____dollars ($____) to any person who requests, pursuant to
line 19 paragraph (5) of subdivision (c) of Section 12811, that the person’s
line 20 driver’s license or identification card be printed with the word
line 21 “VETERAN” or another appropriate designation to indicate that
line 22 the person has served in the United States Armed Forces.
line 23 (b) The department shall forward one dollar ($1) of the amount
line 24 collected pursuant to subdivision (a) to the Controller, for deposit
line 25 in the Veterans Service Office Fund created in the State Treasury
line 26 pursuant to Section 972.2 of the Military and Veterans Code. The
line 27 revenues deposited in the Veterans Service Office Fund pursuant
line 28 to this subdivision shall be expended, upon appropriation by the
line 29 Legislature, for the support of county veterans service offices.
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AB 531— 7 —
AMENDED IN ASSEMBLY MARCH 12, 2013
california legislature—2013–14 regular session
ASSEMBLY BILL No. 182
Introduced by Assembly Members Buchanan and Hueso
(Principal coauthor: Assembly Member Alejo)
(Principal coauthors: Senators Block and Wyland)
(Coauthors: Assembly Members Ian Calderon, Roger Hernandez,
and Williams)
January 24, 2013
An act to amend Section 15146 of, and to add Sections 15144.1 and
15144.2 to, the Education Code, and to amend Sections 53506, 53507,
53508.7, and 53530 of the Government Code, relating to bonds.
legislative counsel’s digest
AB 182, as amended, Buchanan. Bonds: school districts and
community college districts.
(1) Existing law authorizes the governing board of any school district
or community college district to order an election and submit to the
electors of the district the question whether the bonds of the district
should be issued and sold for the purposes of raising to raise money
for specified purposes. Existing law requires the interest rate on the
bonds to bear a rate of interest that does not exceed 8% per annum and
requires the number of years the whole or any part of the bonds are to
run to not exceed 25 years.
This bill would require the ratio of total debt service to principal for
each bond series to not exceed 4 to one. The bill would require each
capital appreciation bond maturing more than 10 years after its date of
issuance to be subject to mandatory tender for purchase or redemption
98
Item #4--Attachment C
before its fixed maturity date, as specified, beginning no later than the
10th anniversary of the date the capital appreciation bond was issued.
(2) Existing law requires the governing board of the school district
or community college district, before the sale of bonds, to adopt a
resolution as an agenda item at a public meeting that includes specified
information.
This bill would require, if the sale includes capital appreciation bonds,
the agenda item to identify that capital appreciation bonds are proposed
and require the governing board of the school district or community
college district to be presented with an analysis containing the overall
cost of the capital appreciation bonds, a comparison to the overall cost
of current interest bonds, the reason capital appreciation bonds are being
recommended, and a copy of a certain disclosure made by the
underwriter.
(3) Additionally and alternatively to the authority described above,
existing law authorizes the legislative body of an issuer, by resolution,
to provide for the issuance of bonds or refunding bonds and defines
“issuer” to include, among other public entities, a school district and a
community college district. Existing law also authorizes these bonds
to bear an interest rate at a coupon rate or rates as determined by the
legislative body of a local agency in its discretion but not to exceed
12% per year payable and defines “local agency” to include, among
other public entities, a public district.
This bill would instead specify that issuer and local agency, as defined
for purposes of this source of bonding authority, do not include a school
district or a community college district.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 15144.1 is added to the Education Code,
line 2 to read:
line 3 15144.1. The ratio of total debt service to principal for each
line 4 bond series shall not exceed four to one.
line 5 SEC. 2. Section 15144.2 is added to the Education Code, to
line 6 read:
line 7 15144.2. A capital appreciation bond maturing more than 10
line 8 years after its date of issuance shall be subject to mandatory tender
line 9 for purchase or redemption before its fixed maturity date, with or
98
— 2 —AB 182
Item #4--Attachment C
line 1 without a premium, at any time at the option of the issuer, or from
line 2 time to time, beginning no later than the 10th anniversary of the
line 3 date the capital appreciation bond was issued.
line 4 SEC. 3. Section 15146 of the Education Code is amended to
line 5 read:
line 6 15146. (a) The bonds shall be issued and sold pursuant to
line 7 Section 15140, payable out of the interest and sinking fund of the
line 8 district. The governing board may sell the bonds at a negotiated
line 9 sale or by competitive bidding.
line 10 (b) Before the sale, the governing board shall adopt a resolution,
line 11 as an agenda item at a public meeting, that includes all of the
line 12 following:
line 13 (1) Express approval of the method of sale.
line 14 (2) Statement of the reasons for the method of sale selected.
line 15 (3) Disclosure of the identity of the bond counsel, and the
line 16 identities of the bond underwriter and the financial adviser if either
line 17 or both are utilized used for the sale, unless these individuals have
line 18 not been selected at the time the resolution is adopted, in which
line 19 case the governing board shall disclose their identities at the public
line 20 meeting occurring after they have been selected.
line 21 (4) Estimates of the costs associated with the bond issuance.
line 22 (c) If the sale includes capital appreciation bonds, the agenda
line 23 item shall identify that capital appreciation bonds are proposed
line 24 and the governing board shall be presented with all of the
line 25 following:
line 26 (1) An analysis containing the total overall cost of the capital
line 27 appreciation bonds.
line 28 (2) A comparison to the overall cost of current interest bonds.
line 29 (3) The reason capital appreciation bonds are being
line 30 recommended.
line 31 (4) A copy of the disclosure made by the underwriter in
line 32 compliance with Rule G-17 adopted by the federal Municipal
line 33 Securities Rulemaking Board.
line 34 (d) After the sale, the governing board shall do both of the
line 35 following:
line 36 (1) Present the actual cost information for the sale at its next
line 37 scheduled public meeting.
line 38 (2) Submit an itemized summary of the costs of the bond sale
line 39 to the California Debt and Investment Advisory Commission.
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AB 182— 3 — Item #4--Attachment C
line 1 (e) The governing board shall ensure that all necessary
line 2 information and reports regarding the sale or planned sale of bonds
line 3 by the school district it governs are submitted to the California
line 4 Debt and Investment Advisory Commission in compliance with
line 5 Section 8855 of the Government Code.
line 6 (f) The bonds may be sold at a discount not to exceed 5 percent
line 7 and at an interest rate not to exceed the maximum rate permitted
line 8 by law. If the sale is by competitive bid, the governing board shall
line 9 comply with Sections 15147 and 15148. The bonds shall be sold
line 10 by the governing board no later than the date designated by the
line 11 governing board as the final date for the sale of the bonds.
line 12 (g) The proceeds of the sale of the bonds, exclusive of any
line 13 premium received, shall be deposited in the county treasury to the
line 14 credit of the building fund of the school district, or community
line 15 college district as designated by the California Community
line 16 Colleges Budget and Accounting Manual. The proceeds deposited
line 17 shall be drawn out as other school moneys are drawn out. The
line 18 bond proceeds withdrawn shall not be applied to any other purposes
line 19 other than those for which the bonds were issued. Any premium
line 20 or accrued interest received from the sale of the bonds shall be
line 21 deposited in the interest and sinking fund of the district.
line 22 (h) The governing board may cause to be deposited proceeds
line 23 of sale of any series of the bonds in an amount not exceeding 2
line 24 percent of the principal amount of the bonds in a costs of issuance
line 25 account, which may be created in the county treasury or held by
line 26 a fiscal agent appointed by the district for this purpose, separate
line 27 from the building fund and the interest and sinking fund of the
line 28 district. The proceeds deposited shall be drawn out on the order
line 29 of the governing board or an officer of the district duly authorized
line 30 by the governing board to make the order, only to pay authorized
line 31 costs of issuance of the bonds. Upon the order of the governing
line 32 board or duly authorized officer, the remaining balance shall be
line 33 transferred to the county treasury to the credit of the building fund
line 34 of the school district or community college district. The deposit
line 35 of bond proceeds pursuant to this subdivision shall be a proper
line 36 charge against the building fund of the district.
line 37 (i) The governing board may cause to be deposited proceeds of
line 38 sale of any series of the bonds in the interest and sinking fund of
line 39 the district in the amount of the annual reserve permitted by Section
line 40 15250 or in any lesser amount, as the governing board shall
98
— 4 —AB 182
Item #4--Attachment C
line 1 determine from time to time. The deposit of bond proceeds
line 2 pursuant to this subdivision shall be a proper charge against the
line 3 building fund of the district.
line 4 (j) The governing board may cause to be deposited proceeds of
line 5 sale of any series of the bonds in the interest and sinking fund of
line 6 the district in the amount not exceeding the interest scheduled to
line 7 become due on that series of bonds for a period of two years from
line 8 the date of issuance of that series of bonds. The deposit of bonds
line 9 proceeds pursuant to this subdivision shall be a proper charge
line 10 against the building fund of the district.
line 11 SEC. 4. Section 53506 of the Government Code is amended
line 12 to read:
line 13 53506. (a) This article is full authority for the issuance of
line 14 bonds or refunding bonds by any city, county, city and county, or
line 15 special district, secured by the levy of ad valorem taxes, authorized
line 16 in accordance with the Constitution and, in the case of a chartered
line 17 city, county, or city and county, with the charter thereof, or in the
line 18 case of a special district, with the district’s principal act. This
line 19 article shall not apply to a school district or a community college
line 20 district.
line 21 (b) This article is intended to provide a complete additional and
line 22 alternative method for doing the things authorized by this article.
line 23 The powers conferred by this article are supplemental and
line 24 additional to the powers conferred by any other laws, and the
line 25 limitations imposed by this article do not affect the powers
line 26 conferred by any other law.
line 27 SEC. 5. Section 53507 of the Government Code is amended
line 28 to read:
line 29 53507. As used in this article, the following terms shall have
line 30 the meanings assigned to them in this section.
line 31 (a) “Bonds” means bonds, notes, warrants, or other evidence of
line 32 indebtedness payable, both principal and interest, from the proceeds
line 33 of ad valorem taxes that may be levied without limitation as to
line 34 rate or amount upon property subject to taxation by the legislative
line 35 body.
line 36 (b) “Issuer” means a city, county, city and county, or special
line 37 district, secured by the levy of ad valorem taxes, authorized to
line 38 issue bonds pursuant to this article. “Issuer” shall not include a
line 39 school district or community college district.
line 40 (c) “Legislative body” means the governing body of the issuer.
98
AB 182— 5 — Item #4--Attachment C
line 1 SEC. 6. Section 53508.7 of the Government Code is amended
line 2 to read:
line 3 53508.7. (a) The bonds shall be sold at a public or private sale
line 4 and at a price at, above, or below par, as the legislative body
line 5 determines.
line 6 (b) Any bonds Bonds sold at a discount below the par value of
line 7 the bonds shall be sold in compliance with the provisions of Section
line 8 53532.
line 9 SEC. 7. Section 53530 of the Government Code is amended
line 10 to read:
line 11 53530. As used in this article:
line 12 (a) “Local agency” means county, city, city and county, public
line 13 district, public entity or authority, or other public or municipal
line 14 corporation, including redevelopment agencies, housing authorities,
line 15 and industrial development authorities. “Local agency” shall not
line 16 include a school district or community college district.
line 17 (b) “Bonds” means bonds, warrants, notes, or other evidences
line 18 of indebtedness of a local agency or zone or improvement district
line 19 thereof.
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98
— 6 —AB 182
Item #4--Attachment C
california legislature—2013–14 regular session
ASSEMBLY BILL No. 748
Introduced by Assembly Member Eggman
February 21, 2013
An act to amend Section 3291 of the Civil Code, and to amend
Sections 906, 965.5, and 970.1 of the Government Code, relating to
judgments.
legislative counsel’s digest
AB 748, as introduced, Eggman. Judgments against the state: interest.
Existing law bars a suit for money or damages against a public entity
on a cause of action for which a claim is required to be presented, until
a written claim has been presented to the public entity and acted upon
by the California Victim Compensation and Government Claims Board,
the governing body of a local public entity, the Judicial Council, or the
Trustees of the California State University, as applicable, or has been
deemed to have been rejected, except as specified.
The California Constitution requires the Legislature to set the rate of
interest upon a judgment rendered in any court of this state at not more
than 10% per annum. In the absence of the setting of such a rate by the
Legislature, the California Constitution provides that the rate of interest
on any judgment rendered in a court is 7% per annum.
Existing law provides that no interest is payable on the amount
allowed by the California Victim Compensation and Government Claims
Board on a claim if payment of the claim is subject to approval of an
appropriation by the Legislature. However, if the appropriation is made,
interest on the amount appropriated for the payment of the claim
commences to accrue 180 days after the effective date of the law by
which the appropriation is enacted.
99
Item #4--Attachment E
Existing law requires the Treasurer to invest or make deposits in
banks and savings and loan associations of revenues in the Pooled
Money Investment Account in accordance with designations specified
by the Pooled Money Investment Board.
This bill would provide that interest on the amount of a judgment or
settlement for the payment of money against the state shall accrue on
the amount allowed on the claim at no more than the average Pooled
Money Investment Account rate for the previous fiscal year, but not to
exceed 7% per annum. The bill would provide that this accrual rate also
applies to interest on the amount of a judgment for the payment of
money against local public entities, except as otherwise provided by
contract.
Existing law provides for a legal rate of interest of 10% per annum
on civil judgments arising out of tort claims, as specified. Existing law
does not permit interest to accrue on a judgment against a public entity
or employee for an act or omission within the scope of employment.
This bill would provide that in any judgment against a public entity
or employee not arising out of an act or omission within the scope of
employment, interest may accrue at a rate not more than the average
Pooled Money Investment Account rate for the previous fiscal year,
but not to exceed 7% per annum.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 3291 of the Civil Code is amended to
line 2 read:
line 3 3291. (a) In any action brought to recover damages for
line 4 personal injury sustained by any person resulting from or
line 5 occasioned by the tort of any other person, corporation, association,
line 6 or partnership, whether by negligence or by willful intent of the
line 7 other person, corporation, association, or partnership, and whether
line 8 the injury was fatal or otherwise, it is lawful for the plaintiff in the
line 9 complaint to claim interest on the damages alleged as provided in
line 10 this section.
line 11 If
line 12 (b) If the plaintiff makes an offer pursuant to Section 998 of the
line 13 Code of Civil Procedure which the defendant does not accept prior
line 14 to trial or within 30 days, whichever occurs first, and the plaintiff
99
— 2 —AB 748
Item #4--Attachment E
line 1 obtains a more favorable judgment, the judgment shall bear interest
line 2 at the legal rate of 10 percent per annum calculated from the date
line 3 of the plaintiff’s first offer pursuant to Section 998 of the Code of
line 4 Civil Procedure which is exceeded by the judgment, and interest
line 5 shall accrue until the satisfaction of judgment.
line 6 This
line 7 (c) This section shall not apply to a public entity, or to a public
line 8 employee for an act or omission within the scope of employment,
line 9 and neither the public entity nor the public employee shall be liable,
line 10 directly or indirectly, to any person for any interest imposed by
line 11 this section.
line 12 (d) Notwithstanding subdivision (c), in any action against a
line 13 public entity or public employee not excluded by this section that
line 14 results in a judgment against the public entity or public employee,
line 15 interest shall accrue on the amount allowed on the claim at no
line 16 more than the average Pooled Money Investment Account rate for
line 17 the previous fiscal year, but shall not exceed 7 percent per annum.
line 18 SEC. 2. Section 906 of the Government Code is amended to
line 19 read:
line 20 906. (a) As used in this section, “amount allowed on the claim”
line 21 means the amount allowed by the California Victim Compensation
line 22 and Government Claims Board on a claim allowed, in whole or in
line 23 part, or the amount offered by the board to settle or compromise
line 24 a claim.
line 25 (b) Except as otherwise provided in this subdivision, no interest
line 26 is payable on the amount allowed on the claim if payment of the
line 27 claim is subject to approval of an appropriation by the Legislature.
line 28 If an appropriation is made for the payment of a claim described
line 29 in this subdivision, interest on the amount appropriated for the
line 30 payment of the claim commences to accrue 180 days after the
line 31 effective date of the act by which the appropriation is enacted.
line 32 (c) Interest shall accrue on the amount allowed on the claim at
line 33 no more than the average Pooled Money Investment Account rate
line 34 for the previous fiscal year, but shall not exceed 7 percent per
line 35 annum.
line 36 SEC. 3. Section 965.5 of the Government Code is amended to
line 37 read:
line 38 965.5. (a) A judgment for the payment of money against the
line 39 state or a state agency is enforceable until 10 years after the time
99
AB 748— 3 — Item #4--Attachment E
line 1 the judgment becomes final or, if the judgment is payable in
line 2 installments, until 10 years after the final installment becomes due.
line 3 (b) A judgment for the payment of money against the state or
line 4 a state agency is not enforceable under Title 9 (commencing with
line 5 Section 680.010) of Part 2 of the Code of Civil Procedure, but is
line 6 enforceable under this chapter.
line 7 (c) Interest on the amount of a judgment or settlement for the
line 8 payment of money against the state shall commence to accrue 180
line 9 days from the date of the final judgment or settlement and shall
line 10 accrue on the amount allowed on the claim at no more than the
line 11 average Pooled Money Investment Account rate for the previous
line 12 fiscal year, but shall not exceed 7 percent per annum. This
line 13 subdivision does not apply to any claim approved by the California
line 14 Victim Compensation and Government Claims Board.
line 15 SEC. 4. Section 970.1 of the Government Code is amended to
line 16 read:
line 17 970.1. (a) A judgment is enforceable until 10 years after the
line 18 time the judgment becomes final or, if the judgment is payable in
line 19 installments, until 10 years after the final installment becomes due.
line 20 (b) A judgment, whether or not final, is not enforceable under
line 21 Title 9 (commencing with Section 680.010) of Part 2 of the Code
line 22 of Civil Procedure but is enforceable under this article after it
line 23 becomes final.
line 24 (c) Except as otherwise provided by the contract, the interest
line 25 shall accrue on the amount allowed on the claim at no more than
line 26 the average Pooled Money Investment Account rate for the
line 27 previous fiscal year, but shall not exceed 7 percent per annum.
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99
— 4 —AB 748
Item #4--Attachment E
SENATE BILL No. 283
Introduced by Senator Hancock
February 14, 2013
An act to amend Section 18901.3 of, to add Section 18901.35 to, to
repeal Section 17012.5 of, and to repeal and add Section 11251.3 of,
the Welfare and Institutions Code, relating to social services.
legislative counsel’s digest
SB 283, as introduced, Hancock. CalWORKs and CalFresh eligibility.
Existing law requires each county to provide cash assistance and other
social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Under existing law, an individual is
ineligible for aid if the individual has been convicted in state or federal
court after December 31, 1997, of any offense classified as a felony
and that has as an element the possession, use, or distribution of a
controlled substance.
This bill would authorize CalWORKs benefits to be paid to an
individual who is convicted in state or federal court after December 31,
1997, of any offense classified as a felony that has as an element the
possession, use, or distribution of a controlled substance. If the person
is on supervised release, he or she would be ineligible for CalWORKs
benefits during any period of revocation of that supervised release.
Existing federal law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, formerly
the Food Stamp Program, under which supplemental nutrition assistance
benefits allocated to the state by the federal government are distributed
to eligible individuals by each county. Under existing law, a person
convicted of specified drug offenses, including transporting, selling,
99
Item #4--Attachment G
furnishing, administering, giving away, possessing for sale, purchasing
for purpose of sale, or manufacturing a controlled substance, is ineligible
to receive CalFresh benefits. Existing law authorizes the payment of
CalFresh benefits to other convicted drug felons who have participated
in, or are on the waiting list for, a drug treatment program, or who can
show other evidence that the illegal use of controlled substances has
ceased.
This bill would authorize CalFresh benefits to be paid to an individual
who is convicted in state or federal court after December 31, 1997, of
any offense classified as a felony that has as an element the possession,
use, or distribution of a controlled substance. If the person is on
supervised release, he or she would be ineligible for CalFresh benefits
during any period of revocation of that supervised release. The bill
would also require the department to request a waiver from the federal
government for the preenrollment of otherwise eligible applicants to
the CalFresh program within one month of the applicant’s reentry into
the community from county jail or state prison, and would require the
counties to implement the preenrollment program within 6 months of
the waiver being granted. By requiring a new level of service from local
government, this 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11251.3 of the Welfare and Institutions
line 2 Code, as added by Section 1 of Chapter 283 of the Statutes of
line 3 1997, is repealed.
line 4 11251.3. (a) An individual shall be ineligible for aid under
line 5 this chapter if the individual has been convicted in state or federal
line 6 court after December 31, 1997, including any plea of guilty or
line 7 nolo contendere, of any offense classified as a felony and that has
line 8 as an element of the possession, use, or distribution of a controlled
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Item #4--Attachment G
line 1 substance, defined in Section 102(6) of the Controlled Substance
line 2 Act (21 U.S.C. Sec. 802(6)).
line 3 (b) For a family receiving aid under this chapter that includes
line 4 an individual who is ineligible pursuant to subdivision (a), a county
line 5 shall issue vouchers or vendor payments for at least rent and
line 6 utilities payments.
line 7 SEC. 2. Section 11251.3 of the Welfare and Institutions Code,
line 8 as added by Section 1 of Chapter 284 of the Statutes of 1997, is
line 9 repealed.
line 10 11251.3. (a) An individual shall be ineligible for aid under
line 11 this chapter if the individual has been convicted in state or federal
line 12 court after December 31, 1997, including any plea of guilty or
line 13 nolo contendere, of a felony that has as an element the possession,
line 14 use, or distribution of a controlled substance, defined in Section
line 15 102(6) of the Controlled Substances Act (21 U.S.C. Sec. 802(6))
line 16 or Division 10 (commencing with Section 11000) of the Health
line 17 and Safety Code.
line 18 (b) For a family receiving aid under this chapter that includes
line 19 an individual who is ineligible pursuant to subdivision (a), a county
line 20 shall issue vouchers or vendor payments for at least rent and
line 21 utilities payments.
line 22 SEC. 3. Section 11251.3 is added to the Welfare and
line 23 Institutions Code, to read:
line 24 11251.3. (a) Subject to the limitations of subdivision (b),
line 25 pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
line 26 Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
line 27 115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
line 28 individual convicted in state or federal court after December 31,
line 29 1997, including any plea of nolo contendere, of any offense
line 30 classified as a felony that has as an element the possession, use,
line 31 or distribution of a controlled substance shall be eligible to receive
line 32 CalWORKs benefits under this section.
line 33 (b) As a condition of eligibility for CalWORKs pursuant to
line 34 subdivision (a), an applicant described in subdivision (a) who is
line 35 on probation, parole, or other form of supervised release shall
line 36 comply with the conditions of the supervised release, including
line 37 participation in a drug treatment program, if required. If the county
line 38 social services agency receives verification that the individual’s
line 39 supervised release has been revoked, the individual shall become
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SB 283— 3 — Item #4--Attachment G
line 1 ineligible for CalWORKs benefits under this section for the
line 2 duration of the revocation period.
line 3 (c) Notwithstanding the rulemaking provisions of the
line 4 Administrative Procedure Act (Chapter 3.5 (commencing with
line 5 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 6 Code), valid until January 1, 2015, the department may implement
line 7 this section by all-county letters or similar instructions. Thereafter,
line 8 the department shall adopt regulations to implement this section
line 9 by January 1, 2015.
line 10 SEC. 4. Section 17012.5 of the Welfare and Institutions Code
line 11 is repealed.
line 12 17012.5. An individual ineligible for aid under Chapter 2
line 13 (commencing with Section 11200) of Part 3 pursuant to Section
line 14 11251.3, who is a member of an assistance unit receiving aid under
line 15 that chapter, shall also be ineligible for non-health-care benefits
line 16 under this part.
line 17 SEC. 5. Section 18901.3 of the Welfare and Institutions Code
line 18 is amended to read:
line 19 18901.3. (a) Subject to the limitations of subdivision (b),
line 20 pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
line 21 Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
line 22 115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
line 23 convicted drug felon An individual convicted in state or federal
line 24 prison after December 31, 1997, including any plea of guilty or
line 25 nolo contendere, of any offense classified as a felony that has as
line 26 an element the possession, use, or distribution of a controlled
line 27 substance shall be eligible to receive CalFresh benefits under this
line 28 section.
line 29 (b) Subdivision (a) does not apply to a person who has been
line 30 convicted of unlawfully transporting, importing into this state,
line 31 selling, furnishing, administering, giving away, possessing for
line 32 sale, purchasing for purposes of sale, manufacturing a controlled
line 33 substance, possessing precursors with the intent to manufacture a
line 34 controlled substance, or cultivating, harvesting, or processing
line 35 marijuana or any part thereof pursuant to Section 11358 of the
line 36 Health and Safety Code.
line 37 (c) Subdivision (a) does not apply to a person who has been
line 38 convicted of unlawfully soliciting, inducing, encouraging, or
line 39 intimidating a minor to participate in any activity listed in
line 40 subdivision (b).
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Item #4--Attachment G
line 1 (d)
line 2 (b) As a condition of eligibility to receive CalFresh benefits
line 3 pursuant to subdivision (a), an applicant convicted of a felony drug
line 4 offense that is not excluded under subdivision (b) or (c) shall be
line 5 required to provide proof of one of the following subsequent to
line 6 the most recent drug-related conviction: described in subdivision
line 7 (a) who is on probation, parole, or any other form of supervised
line 8 release shall comply with the terms of the supervised release,
line 9 including participation in a drug treatment program, if required.
line 10 If the county social services agency receives verification that the
line 11 individual’s supervised release has been revoked, the individual
line 12 shall become ineligible for CalFresh benefits under this section
line 13 for the duration of the revocation period.
line 14 (1) Completion of a government-recognized drug treatment
line 15 program.
line 16 (2) Participation in a government-recognized drug treatment
line 17 program.
line 18 (3) Enrollment in a government-recognized drug treatment
line 19 program.
line 20 (4) Placement on a waiting list for a government-recognized
line 21 drug treatment program.
line 22 (5) Other evidence that the illegal use of controlled substances
line 23 has ceased, as established by State Department of Social Services
line 24 regulations.
line 25 (e) Notwithstanding the Administrative Procedure Act (Chapter
line 26 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
line 27 Title 2 of the Government Code), the department may implement
line 28 this section through an all-county letter or similar instructions from
line 29 the director no later than January 1, 2005.
line 30 (f) The department shall adopt regulations as otherwise
line 31 necessary to implement this section no later than July 1, 2005.
line 32 Emergency regulations adopted for implementation of this section
line 33 may be adopted by the director in accordance with the
line 34 Administrative Procedure Act. The adoption of emergency
line 35 regulations shall be deemed to be an emergency and necessary for
line 36 immediate preservation of the public peace, health and safety, or
line 37 general welfare. The emergency regulations shall be exempt from
line 38 review by the Office of Administrative Law. The emergency
line 39 regulations authorized by this section shall be submitted to the
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SB 283— 5 — Item #4--Attachment G
line 1 Office of Administrative Law for filing with the Secretary of State
line 2 and shall remain in effect for no more than 180 days.
line 3 (c) Notwithstanding the rulemaking provisions of the
line 4 Administrative Procedure Act (Chapter 3.5 (commencing with
line 5 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 6 Code), valid until January 1, 2015, the department may implement
line 7 this section by all-county letters or similar instructions. Thereafter,
line 8 the department shall adopt regulations to implement this section
line 9 by January 1, 2015.
line 10 SEC. 6. Section 18901.35 is added to the Welfare and
line 11 Institutions Code, to read:
line 12 18901.35. The department shall submit to the United States
line 13 Department of Agriculture, Food, and Nutrition Services, on or
line 14 before March 31, 2014, a request to waive Section 273.1(b)(7)(vi)
line 15 of Title 7 of the Code of Federal Regulations to allow for the
line 16 preenrollment of otherwise eligible applicants to the CalFresh
line 17 program up to one month prior to the applicant’s reentry into the
line 18 community from county jail or state prison. The counties shall
line 19 implement a preenrollment process within six months of the waiver
line 20 approval.
line 21 SEC. 7. If the Commission on State Mandates determines that
line 22 this act contains costs mandated by the state, reimbursement to
line 23 local agencies and school districts for those costs shall be made
line 24 pursuant to Part 7 (commencing with Section 17500) of Division
line 25 4 of Title 2 of the Government Code.
O
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Item #4--Attachment G