HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 05092016 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
May 9, 2016
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Federal D. Glover, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. REVIEW and APPROVE the Record of Action from the March 14, 2016 meeting.
4. CONSIDER recommending to the Board of Supervisors a position of "Support"
on AB 2642 (E. Garcia): Removing Barriers to Employment Act: Initiative, as
recommended by Stephen Baiter, Executive Director of the Workforce
Development Board.
5. CONSIDER recommending to the Board of Supervisors a position on AB 2466
(Weber): Voting: Felons.
6. CONSIDER recommending to the Board of Supervisors a position of "Support"
on AB 2128 (Achadjian): Marriage, as recommended by the Clerk-Recorder.
7. CONSIDER recommending to the Board of Supervisors a position on SB 941
(Mitchell): Juveniles, as recommended by the County Administrator.
8. CONSIDER recommending to the Board of Supervisors a position of "Oppose"
on SB 1170 (Wieckowski) Public Contracts: Water Pollution Prevention Plans, as
recommended by the Public Works Director.
9. ACCEPT the reports on the state bills of interest to Contra Costa County and the
federal issues update, and provide direction to staff as needed.
10.The next meeting is currently scheduled for June 13, 2016.
11.Adjourn
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The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 3.
Meeting Date:05/09/2016
Subject:Record of Action
Submitted For: INTERNAL OPERATIONS COMMITTEE,
Department:County Administrator
Referral No.: 2016-14
Referral Name: Record of Action
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the
record need not be verbatim, it must accurately reflect the agenda and the decisions made in the
meeting. Any handouts or printed copies of testimony distributed at the meeting will be attached
to this meeting record.
Referral Update:
Attached for the Committee's consideration is the Record of Action for its March 14, 2016
meeting.
Recommendation(s)/Next Step(s):
APPROVE the Record of Action from the March 14, 2016 meeting with any necessary
corrections.
Attachments
Attachment A: Record of Action - March 14, 2016
Attachment B - Sign-in sheet
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LEGISLATION COMMITTEE
RECORD OF ACTION
March 14, 2016
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Federal D. Glover, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: Federal D. Glover, Chair
Karen Mitchoff, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator
Terry Speiker, County Administrator's Office
Vana Tran, County Administrator's Office
Jami Napier, Clerk of the Board
Rebecca Hooley, County Counsel
Eric Gelston, County Counsel
Susan Jeong, Employment and Human Services
Todd Billeci, Probation
Jeff Carman, Contra Costa County Fire
Attendees: Rebecca Rozen, Hospital Council
Nancy Olson, John Muir Health
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
The Committee accepted public comment.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
3.APPROVE the Record of Action from the Feb. 8, 2016 meeting with any necessary
corrections.
The Committee accepted the Record as presented.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
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4.CONSIDER recommending to the Board of Supervisors a position of support on the
Medi-Cal Funding and Accountability Act, as recommended by Dr. William Walker.
The Committee voted unanimously to recommend a position of Support on the Act
and requested that it be scheduled as a Discussion item to foster education on the
issue.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
5.CONSIDER recommending to the Board of Supervisors a position of "Oppose" on AB
1707 (Linder), as introduced: Public Records: Response to Request, as recommended
by the Clerk of the Board Jami Napier.
The Committee voted unanimously to recommend adopting an Oppose position on
AB 1707 to the Board of Supervisors. The Committee recommended this be placed
on the Consent calendar.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
6.CONSIDER recommending to the Board of Supervisors a position of "Oppose" on SB
885 (Wolk), as introduced: Construction contracts: Indemnity, as recommended by Fire
Chief Jeff Carman.
The Committee requested additional information from staff and our lobbyist on
this bill and took no further action.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
7.CONSIDER recommending to the Board of Supervisors an amendment to the County's
adopted Federal Platform to include support for funding the development of an
Emergency Operations Center (EOC) as the County's top priority for federal funding
needs.
The Committee voted unanimously to recommend an amendment to the County's
adopted Federal Platform to the Board of Supervisors.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
8.CONSIDER the matter of federal earmark repurposing for transportation projects, and
provide direction to staff as needed.
Supervisor Glover noted that he is following-up on this matter through the
Metropolitan Transportation Commission (MTC).
Page 5 of 125
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
9.ACCEPT the FY 2014/15 AB 109 Annual Report for Contra Costa County and
provide direction to staff, as needed.
The Committee accepted the report and requested that it be posted on the County
website.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
10.The next meeting is currently scheduled for April 11, 2016.
11.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation Committee
meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of
members of the Legislation Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th
floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Page 6 of 125
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LEGISLATION COMMITTEE 4.
Meeting Date:05/09/2016
Subject:AB 2642 Removing Barriers to Employment Act: Initiative
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-12
Referral Name: AB 2642 Removing Barriers to Employment Act: Initiative
Presenter: Stephen Baiter Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by Stephen Baiter, Executive Director of
Workforce Development Board of Contra Costa County.
Referral Update:
Assembly Bill (AB) 2642 would enact the Removing Barriers to Employment Act to establish a
specified initiative to create a grant program to assist individuals who have multiple barriers to
employment receive the remedial education and work readiness skills to successfully participate
in training, apprenticeship or employment opportunities.
Status: 04/19/2016 From ASSEMBLY Committee on JOBS, ECONOMIC DEVELOPMENT
AND THE ECONOMY: Do pass as amended to Committee on APPROPRIATIONS. (9-0)
Bill Analysis 04/17/2016:
SUMMARY: Establishes the Breaking Barriers to Employment Initiative for the purpose of
assisting individuals who have multiple barriers to employment to receive the remedial
education and work readiness skills that will help them to successfully participate in
training, apprenticeship, or employment opportunities that will lead to self-sufficiency and
economic stability. Specifically, this bill:
1) Finds and declares, among other things, the following:
a) Although the California economy has demonstrated growth through overall lower
unemployment and higher job growth, poverty is still an issue concentrated in many of our
cities and among many of our citizens. The California Poverty Measure reported in 2015
that 78% of Californians in poverty live in families with at least one adult working, with
69% of those individuals working full time.
b) With low wages and lack of job skills, this target population falls further behind and
cannot escape poverty. There is a need for improved access and funding to provide "career
pathway" services, particularly for the poor.
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c) Increased funding for services such as English language improvement training, basic
skills and adult education, high school diploma and GED acquisition, skills training, work
experience, on-the-job training, mentoring, case management, and more is needed to
bridge the gap to gainful employment for these particularly vulnerable populations.
d) Special emphasis is needed to make sure that programs reach those among us with the
most difficult needs with the goal of preparing those persons for training, educational,
apprenticeship or employment opportunities.
2) Establishes the Breaking Barriers Initiative within the Labor and Workforce Development
Agency for the purpose assisting individuals who have multiple barriers to employment to
receive the remedial education and work readiness skills that will help them to successfully
participate in training, apprenticeship, or employment opportunities.
3) Authorizes the Secretary of Labor and Workforce Development (Secretary) to assign all
or part of the administration of the initiative to one or more entities within the agency's
oversight or outside the agency's jurisdiction with the agreement of the state entity to
meeting the initiative's requirements.
4) Requires the Secretary to consult with public and private stakeholders, including
nonprofit community-based organizations, workforce development boards, local
governments, and other entities that serve individuals who face barriers to employment.
5) Provides that initiative funding will be appropriated through the budget act, as specified.
6) Requires the Secretary to develop criteria for the selection of grant recipients that
provides for:
a) Outreach and technical assistance to prospective applicants, especially in rural and small
population areas;
b) A competitive award process that addresses the need for a range of targeted
populations and geographic locations to receive training opportunities;
c) No less than 90% of the funds being used for direct services to the clients who face
multiple barriers to employment; and
d) The lead community-based organization to demonstrate their ability to successfully
deliver previous programs to targeted populations they are proposing to serve using the
grant funds.
7) Requires each application to have at least one lead workforce investment board and one
lead community-based organization. An application that proposes to serve clients across
one or more workforce investment areas is required to either:
a) Document the existence of a current memorandum of understanding with each workforce
board within the proposed service area; or
b) Provide a letter of acknowledgment from each workforce board within the proposed
service area.
8) Provides that non-lead workforce development boards within the service area are not
required to have a role within the scope of the application and that obtaining the letter of
acknowledgement is the responsibility of the lead workforce investment board.
9) Requires applicants to apply for funds to serve one or more targeted populations in one
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9) Requires applicants to apply for funds to serve one or more targeted populations in one
or more neighborhoods, local jurisdictions, regions, or statewide. Each application is
required to explain how the proposed training program or service is designed to
complement the work of, and integrate the individuals being served with, the workforce
development boards within the proposed service area. Targeted populations include:
a) Youths who are disconnected from the education system or employment;
b) Women seeking training or education to move into nontraditional fields of employment;
c) Workers displaced by the movement of an employer or those who are long-term
unemployed;
d) Unskilled or under-skilled, low-earning workers looking to advance into better-paying
employment opportunities;
e) Persons for whom English is not their primary language;
f) Economically disadvantaged persons who face barriers to reaching training or
apprenticeship opportunities for sustainable careers;
g) CalWORKS participants;
h) Persons who are incarcerated and soon to be released or formerly incarcerated;
i) Armed services veterans who face barriers due to skills that are not applicable to
employment, training, apprenticeship opportunities in the region in which they live, or
because of mental health, health, or other barriers that serve as impediments to those
opportunities;
j) Native Americans or migrant, seasonal farmworkers; and
k) People with developmental or other disabilities.
10) Requires each grant proposal to explain the specific purpose of the grant funds and
define the general methodology and training methods proposed to be used.
11) Specifies that grant funding may be used for, but is not limited to, English language
improvement training, basic skills and adult education, high school diploma and GED
acquisition, skills training, work experience, on-the-job training, earn-as-you-learn
progams, industry certifications, mentoring, and other remedial education and work
readiness skills.
12) Requires the grant proposal to identify baseline criteria and metrics by which the
overall success of the grant program can be evaluated. The proposal shall also explain the
manner in which the progress of the individuals participating in the program will be
monitored during the grant period.
13) Establishes the following goals for the initiative:
a) Individuals who face multiple barriers to employment take measureable steps to
remediate education and workforce readiness skills;
b) Partnerships between community-based organizations and workforce development
boards, community colleges, and other providers of quality education and training are
demonstratively strengthened in ways that benefit their client's ability to continue to access
services and establish career pathways; and
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services and establish career pathways; and
c) Community-based organizations increase their capacity to achieve and measure results.
14) Requires grant proposals to include a pre-service education and training assessment,
which will form the baseline for measuring program performance, consistent with the
initiative goals. A prior assessment may be used if, in the determination of the Secretary,
its results are accurate and appropriate for the grant proposal.
15) Specifies that measurements of success are to be based on the initiative goals, as
relevant to the targeted population and baseline measurements set through the individual
client assessment. These measurements may include, but are not limited to:
a) The number of participants in the program who have completed a high school diploma or
received a GED;
b) The number of participants in the program who have completed a remedial education
program;
c) The number of participants in the program who have completed a work readiness
program;
d) The number of participants who have completed a certified drug treatment or mental
health program;
e) The number of participants who have matriculated to a pre-apprenticeship or
apprenticeship program; and
f) The number of participants who passed the Ability to Benefit test and enrolled into an
Adult Education-Career Pathway program, as defined in USC section 484(d)(2)of the 1988
Amendment to the Higher Education Act.
16) Requires that key features of the grant be provided in a memorandum of understanding
between the lead applicants and the agency, including, but not limited to, the purpose of
the grant, expected outcomes, the oversight and monitoring process, and reporting
requirements.
17) Requires that, as a condition of receiving funds, a grant recipient shall agree to provide
information to the Secretary, as necessary to meet all reporting requirements.
18) Requires grant recipients to report, at least on an annual basis, and upon completion of
the grant period regarding their use of funds, workforce training outcomes, and any other
information required by the secretary.
19) Requires the Secretary to post a report on the agency's Internet Web site by January
1, 2018 that aggregates the information provided by the grant recipients, including, but not
limited to, the overall success of the grant programs.
20) Authorizes the Secretary to fund a full-scale project that uses a model that was
previously funded as a pilot project through the Workforce Accelerator, the Supervised
Population Workforce Training Program, SlingShot, or other existing programs to the
extent that the goals, measures, and metrics are sufficiently aligned with the initiative.
These core components include:
a) Serving the same client base;
b) Addressing the needs of individuals who face multiple barriers to employment to receive
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b) Addressing the needs of individuals who face multiple barriers to employment to receive
remedial education and work readiness skills;
c) Having an end goal of preparing those individuals for further training that results in
apprenticeship or middle-skill employment opportunities; and
d) Having applications jointly filed with one or more workforce investment boards and one
or more community-based organizations serving as the lead.
EXISTING LAW establishes the Labor and Workforce Development Agency (Agency) for the
purpose of addressing issues relating to California workers and their employers. The
Agency is responsible for labor law enforcement, workforce development, and benefit
payment and adjudication. The Agency works to combat the underground economy and
help legitimate businesses and workers in California through a combination of enforcement
and education activities. Departments and other state entities under the Agency include:
1) Agricultural Labor Relations Board;
2) The California Workforce Board;
3) The Employment Development Department, including the Employment and
Employment-related Services Program and the National Dislocated Workers Grant
Program;
4) Employment Training Panel;
5) The Department of Industrial Relations, including the Division of Apprenticeship
Standards; and
6) Public Employment Relations Board.
FEDERAL EXISTING LAW
1) Authorizes the Workforce Innovation and Opportunity Act of 2014 for the purpose of:
a) Increasing, for individuals in the US, access to and opportunities for the employment,
education, training, and support services they need to succeed in the labor market,
particularly those individuals with barriers to employment.
b) Supporting the alignment of workforce investment, education, and economic
development systems in support of a comprehensive, accessible, and high-quality workforce
development system in the US.
c) Improving the quality and labor market relevance of workforce investment, education,
and economic development efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment with family-sustaining wages
and to provide America's employers with the skilled workers the employers need to
succeed in a global economy.
d) Promoting improvement in the structure of and delivery of services through the US
workforce development system to better address the employment and skill needs of
workers, jobseekers, and employers.
e) Increasing the prosperity of workers and employers in the US, the economic growth of
communities, regions, and States, and the global competitiveness of the United States.
f) Providing workforce investment activities, through statewide and local workforce
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f) Providing workforce investment activities, through statewide and local workforce
development systems, that increase the employment, retention, and earnings of
participants, and increase attainment of recognized postsecondary credentials by
participants, and as a result, improve the quality of the workforce, reduce welfare
dependency, increase economic self-sufficiency, meet the skill requirements of employers,
and enhance the productivity and competitiveness of the Nation.
2) Defines an eligible career pathway program, pursuant to the federal Higher Education
Act, to mean a program that:
a) Concurrently enrolls participants in connected adult education and eligible
postsecondary programs;
b) Provides counseling and supportive services to identify and attain academic and career
goals;
c) Provides structured course sequences that are articulated and contextualized; and allow
students to advance to higher levels of education and employment;
d) Provides opportunities for acceleration to attain recognized postsecondary credentials,
including degrees, industry relevant certifications, and certificates of completion of
apprenticeship programs;
e) Is organized to meet the needs of adults;
f) Is aligned with the education and skill needs of the regional economy; and
g) Has been developed and implemented in collaboration with partners in business,
workforce development, and economic development.
FISCAL EFFECT: Unknown
POLICY ISSUE FRAME
In implementing the federal Workforce Innovation and Opportunity Act of 2014, California
has set aggressive new goals and objectives to guide the state's workforce development
system. By 2027, California is committed to producing one million "middle-skill" industry
valued and recognized postsecondary credentials and to double the number of people
enrolled in apprenticeship programs.
Achieving this goal is important to California remaining competitive within the global
marketplace. One of the key challenges, however, are the current labor shortage for
middle-skill jobs and the significant number of workers who are not currently ready to take
on middle-skill training.
AB 2642 proposes a comprehensive initiative to assist the millions of workers who currently
face significant barriers to employment to obtain the remedial education and work
readiness skills necessary to help the state meet its goals and to become financially secure
and independent.
The analysis includes background on the California economy, the state's growing income
inequality, and discussion on why it is important to create new opportunities to assist
individuals who face barriers to employment into the workforce. Amendments are
discussed in Comment #4 to further clarify the purpose and structure of the Breaking
Barriers to Employment initiative.
COMMENTS:
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COMMENTS:
1) The California Economy in the Future: As California continues to transition from the
recession, businesses and workers face an economy comprised of highly integrated
industry sectors that are also more geographically dispersed. Advances in technology and
processes are occurring more rapidly. This is resulting in competitiveness being increasingly
defined in terms of speed, flexibility, specialization, and innovation.
Source: Researched and compiled from various sources by the Assembly Committee on
Jobs, Economic Development, and the Economy
Economists have identified nine key trends (see chart) that will most influence the U.S. and
California economies. Several of these trends place new and demanding challenges on
California's training and workforce system.
Advances in information technology, advanced manufacturing, complex logistical networks,
and the need to have more environmentally sustainable products are just a few of the new
workforce realities. Even entry-level workers will be expected to have important soft skills,
such as the ability to work in teams, actively listen, communicate effectively with
co-workers and bosses, and be able to negotiate workplace needs in a positive manner.
Unlike hard skills, which are about a person's ability to perform a certain task or activity,
soft skills provide the tools necessary to learn and advance in the state's continually
evolving workplace environment.
The modern economy has also given rise to a growing need for smaller businesses because
of their ability to provide innovative technologies and help other businesses access global
markets. While vital economic players, small businesses and entrepreneurs face unique
challenges in competing in an increasingly global and interconnected marketplace.
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Programs and services which may have been designed to serve large companies may need
to be retooled to better serve the nearly 90% of businesses that have less than 20
employees. These small and adaptable businesses will have an inherent advantage in the
post-recession economy, provided they are able to obtain the skillsets necessary to run a
successful business and have access to appropriately trained workers.
Another key economic trend is the rising importance of regional economies as one of the
primary drivers of economic growth. The economic foundation of many strong regional
economies are innovation-based industry clusters which have the ability to support
high-paying jobs, lucrative career ladders, and longer term job stability. Economic
researchers have shown that industry clusters rise in areas where local universities,
research labs, and competing businesses within the same industry provide a critical mass of
skilled workers. Though the economic composition of regions may differ in California, each
region has strengths and weaknesses. The effective identification and cultivation of these
industry strengths will factor heavily on the future economic success of California's regional
economies.
All these changes are occurring at the same time that California and the U.S. confront the
social, cultural, and economic impacts of demographic change. The U.S. Census Bureau
projects that by 2043 a majority of the U.S. population will be comprised of people of color.
In 2014, people of color were already the majority in California, Hawaii, New Mexico, and
Texas, with another nine states were close to 50%. The growing diversity within the
workforce also represents a significant generational shift of the predominantly white baby
boomers rapidly aging-out of workplace.
Many of these new market realities are already coming to fruition and, for now, California's
workforce is underprepared to meet these demands. Decades of underinvestment in public
education, afterschool programs, and continuing education programs that feed into career
pathways to the state's dominant and emerging industry sectors directly threaten the
state's competitiveness. There are still numerous unemployed and underemployed workers
in California, while simultaneously, there are businesses reporting that they are unable to
find qualified workers to fill empty positions. Strong early education programs, career
technology pathways, accessible higher education, and effective and timely workforce
development programs are essential to equipping California workers with the skillsets that
are in demand.
2) Income Disparities: California's overall economic growth and increase in jobs has
outpaced the U.S. in general, often ranking the state within the top five states in terms of
its economic condition. This success, however, has not been consistent throughout the
state with many regions and certain population groups still experiencing recession-related
poor economic conditions.
According to the U.S. Census Bureau, California's poverty rate is 16.4% as compared to a
national rate of 15.6%. It is estimated that nearly a quarter of California's children
(22.7%) are living in households with annual incomes below the federal poverty line.
Contributing factors to these poverty rates are stagnate wage rates, an increasing
concentration of annual income among the highest income earning individuals, and
differing job opportunities in the post-recession economy.
A review of the most recent unemployment numbers in the chart below illustrates this
expanding pattern of economic disparity between regions and population groups in
California.
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While the state's unemployment rate for February 2016 (not seasonally adjusted) was
5.7%, some areas of the state had lower rates, while others were considerably higher. San
Mateo County recorded the lowest at 3.0% and Colusa County experienced the highest
unemployment rate at 21.6%. For the first time in more than a year, Imperial County did
not have the highest unemployment rate in the state. Inland areas generally reported
unemployment rates above the statewide average. As the chart above shows, Tulare
County's unemployment rate was 12.1% and Riverside County was recorded as 5.9%.
Coastal areas overall had lower rates than the state's, with Orange County at 4.0%, Los
Angeles County at 5.5%, and Ventura County at 5.1%. Under the federal Workforce
Innovation and Opportunity Act, high unemployment is considered any rate above 6.5%.
Looking more specifically at different population groups, the data also shows the great
discrepancies between the statewide rate and key subgroups, including unemployment
among Blacks and Hispanics being 10.8% and 7.4% respectively. For the youngest
members of the workforce obtaining quality jobs remains a significant issue, with
unemployment among 16 to 24 years being well above the state average, ranging from
20.5% to 10.9%. According to February's figures, one-in-five of California's next
generation of workers is unemployed.
Just as the unemployment data shows the growing economic disparities by geography,
race/ethnicity, and age, research also confirms that a greater percentage of total aggregate
earnings are going to a smaller group of individuals. According to the World Top Income
Database, pretax income among those with the highest 1% of income in California
comprised 9.82% of total income in 1980 and 25.31% in 2013. These findings could signal
a larger issue in that a growing body of economic studies show that large-scale income
disparities correlate to shorter periods of economic growth, whereas societies with lower
levels of income disparity have larger and longer-term periods of growth.
Achieving job growth within globally competitive industries and addressing the state's
growing income disparities may require different community and economic development
approaches, as well as more coordinated efforts by industry, labor, nonprofits, and
government on a range of issues, including education, workforce training, infrastructure
repair and expansion, entrepreneurship, and finance, among others.
3) Creating On-Ramps to Success: The federal Workforce Innovation and Opportunity Act
of 2014 represents the most significant shift in federal workforce policy in several decades.
Among other requirements, the act mandates that the state develop a plan for making
workforce investments, set goals, and report on their progress. Future federal funding will
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be dependent on the state meeting established milestones leading to these goals.
California's Unified Strategic Workforce Development Plan (State Plan) outlines a
comprehensive four-year strategy for investing federal workforce training and employment
service dollars in a manner that aligns and coordinates six core Workforce Innovation and
Opportunity Act funded programs. The state goal (2017 through 2027) is to produce one
million "middle-skill" industry valued and recognized postsecondary credentials. In meeting
this goal, the State Plan anticipates doubling the number of people enrolled in
apprenticeship programs.
While certainly a laudable goal to guide the state's workforce investment system, achieving
those goals will be challenging. Key among those challenges is the significant number of
workers who are not currently ready to take on middle-skill training. In 2012, there were
1.9 million unfilled middle skill jobs. This number is expected to grow as one-third of
middle skill workers retire over the next ten years.
AB 2642 establishes the Breaking Barriers to Employment initiative, administered through
the Labor and Workforce Development Agency, to provide a framework for one or more
competitive grant programs. Moneys awarded through this initiative will help to
operationalize an innovative model of collaboration between two important workforce
partners for the benefit of populations that routinely face barriers to employment.
The program's targeted populations include, but are not limited to, veterans, unskilled and
low-skilled workers, out-of-school youth, foster youth, long-term unemployed, individuals
with developmental and other disabilities, Native Americans, formerly incarcerated
individuals, farmworkers, and other economically disadvantaged individuals.
The Breaking Barriers model is designed to leverage the experience of community-based
organizations to work with targeted populations to remediate education and workforce
readiness skills and to collaborate with workforce boards to transition clients to career
pathways and sector strategies developed by local workforce boards. The authors believe
that the initiative will create a career on-ramp for groups that have been historically
disconnected from traditional programs.
AB 2642 builds upon key objectives in the State Plan by assisting individuals to obtain the
fundamental skills necessary to prepare for work in high priority industries, leverage
multiple services to meet a worker's individual needs, and target people who face systemic
barriers to employment.
4) Amendments: Staff understands that the author will offer amendments to:
a) Add legislative intent to clarify that there are multiple career pathways that have been
developed by the state, federal, and tribal governments, as well as community based
organizations;
b) Add vocational training, entrepreneurship training, stipends for trainees, and
pre-apprenticeship programs to the list of eligible activities for grants;
c) Clarify that direct services includes staffing to provide those direct services;
d) Modify the deadline for documenting notification of non-lead workforce development
boards from the time the application is submitted to prior to the signing of the grant
agreement;
e) Clarify that either or both of the lead community-based organization or the lead
workforce development board may submit the application;
Page 17 of 125
f) Remove unnecessary descriptors for the targeted populations;
g) Change the name of the grant contract from "memorandum of understanding" to "grant
agreement";
h) Clarify that in the first year of the initiative, the Secretary will provide a status report on
the implementation of the grant; and
i) Make other technical and conforming changes.
3) Related Legislation: Below is a list of the related bills.
a) AB 80 (Campos) Interagency Task Force on the Status of Boys and Men: This bill would
have established a 20-member Interagency Task Force on the Status of Boys and Men of
Color. Issues to be addressed by the Task Force would include, but not be limited to,
employment and wealth creation, health and safety, education, and juvenile justice. Status:
Vetoed by the Governor, 2015. Governor's Veto Message: How state policy can be tailored
to promote the well-being of boys and men of color is profoundly important. These issues,
however, are best addressed through concrete actions, not another non-binding
commission. The Legislature and the Administration are working on the critical issues
raised by this bill, such as the Local Control Funding Formula, healthcare expansion and
criminal justice reform. Much more can be done, and I am committed to advancing this
work.
b) AB 288 (Holden) College and Career Pathways: This bill authorizes the governing board
of a community college district to enter into a College and Career Access Pathways (CCAP)
partnership with the governing board of a school district within its immediate service area,
as specified, to offer or expand dual enrollment opportunities for students who may not
already be college bound or who are underrepresented in higher education. The goal of the
agreements is to develop seamless pathways for students from high school to community
college for career-technical education or preparation for transfer, improve high school
graduation rates, or help high school pupils achieve college and career readiness. The bill
includes specific conditions which must be met prior to the adoption of such an agreement.
The authority in this measure sunsets on January 1, 2022. Status: Signed by the Governor,
Chapter 618, Statutes of 2015.
c) AB 931 (Irwin) New Hire Tax Credit: This bill would have expanded the definition of the
term "qualified full-time employee" under the new hire tax credit to include a veteran who
has separated from service in the U.S. Armed Forces within the 36 months preceding
commencement of employment with a qualified taxpayer. Status: Vetoed by the Governor,
2015. Governor's Veto Message: Despite strong revenue performance over the past few
years, the state's budget has remained precariously balanced due to unexpected costs and
the provision of new services. Now, without the extension of the managed care organization
tax that I called for in special session, next year's budget faces the prospect of over $1
billion in cuts. Given these financial uncertainties, I cannot support providing additional tax
credits that will make balancing the state's budget even more difficult. Tax credits, like new
spending on programs, need to be considered comprehensively as part of the budget
deliberations.
d) AB 1058 (Atkins) Second Chance Program: This bill establishes the Second Chance
Program under the administrative direction of the Department of Corrections for the
purpose of investing in community-based programs, services, and initiatives for formerly
incarcerated individuals in need of mental health and substance use treatment services. The
grant program will be funded through the savings resulting from the implementation of
Proposition 47, the Safe Neighborhoods and Schools Act of 2014, and other specified
Page 18 of 125
sources. The bill also extends the sunset on the Social Innovation Financing Program until
2022. Status: Signed by the Governor, Chapter 748, Statutes of 2015.
e) AB 1093 (E. Garcia) Supervised Population Workforce Training Grant Program: This bill
expedites the allocation of funding under the existing Supervised Population Workforce
Training Grant Program, which is administered through the California Workforce
Development Board. Status: Signed by the Governor, Chapter 220, Statutes of 2015. In
addition, $1.5 million was authorized in the 2015-16 Budget for additional funding rounds.
f) AB 1270 (E. Garcia) California Workforce Innovation and Opportunity Act: This bill aligns
California statute with the new requirements of the federal Workforce Innovation and
Opportunity Act of 2014. The bill sets the foundation for policy changes in 2016 through SB
45 (Mendoza). Status: Signed by the Governor, Chapter 94, Statutes of 2015.
REGISTERED SUPPORT / OPPOSITION:
Support:
California Workforce Association (sponsor)
Association of Regional Center Agencies
California Association of Local Conservation Corps
National Association of Social Workers
San Bernardino County
SIATech California
Opposition:
None Received
Analysis Prepared by: Toni Symonds / J., E.D., & E. / (916) 319-2090
Attachment A includes the bill text. Attachment B is a letter of support from the California
Workforce Association.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on AB 2642 (E.
Garcia): Removing Barriers to Employment Act: Initiative, as recommended by the Stephen
Baiter, Executive Director of the Workforce Development Board.
Attachments
Attachment A: AB 2642 bill text
Attachment B: CWA letter of support
Page 19 of 125
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2642
Introduced by Assembly Members Eduardo Garcia, Eggman,
Cristina Garcia, Gomez, and Maienschein
(Coauthors: Assembly Members Chang and Steinorth)
(Coauthor: Senator Wieckowski)
February 19, 2016
An act to add Chapter 6 (commencing with Section 14600) to
Division 7 of the Unemployment Insurance Code, Division 1.4
(commencing with Section 180) to the Labor Code, relating to workforce
development.
legislative counsel’s digest
AB 2642, as amended, Eduardo Garcia. Removing Barriers to
Employment Act: Breaking Barriers to Employment Initiative.
Existing law establishes the Labor and Workforce Development
Agency and provides that the agency consists of, among other entities,
the California Workforce Investment Board, the Employment
Development Department, and the Employment Training Panel. The
California Workforce Innovation and Opportunity Act establishes the
California Workforce Development Board as the body responsible for
assisting the Governor in the development, oversight, and continuous
improvement of California’s workforce investment system and the
alignment of the education and workforce investment systems to the
needs of the 21st century economy and workforce. That act requires
the establishment of a local workforce development board in each local
Page 20 of 125
workforce development area of the state to, among other things, carry
out analyses of the economic conditions in the local region.
This bill would enact the Removing Barriers to Employment Act,
which would establish the Breaking Barriers to Employment Initiative
within the Labor and Workforce Development Agency. The bill would
require the initiative to be led by the Secretary of Labor and Workforce
Development and authorizes the secretary to assign all or part of the
administration of the initiative to one or more entities within the
agency’s oversight. oversight, or to authorize another state agency,
under specified conditions, to administer a portion of the initiative. The
bill would specify that the purpose of the initiative is to create a grant
program to provide funds to workforce investment boards and
community-based organizations working in partnership on proposals
that assist individuals who have multiple barriers to employment to
receive the remedial education and work readiness skills that will help
those individuals to successfully participate in training, apprenticeship,
or employment opportunities that will lead to self-sufficiency and
economic stability. stability, and would set forth the goals of the
initiative. The bill would require the secretary to develop criteria for
the selection of grant recipients, as specified, and would require the
secretary, by January 1, 2018, and annually thereafter, to post a report
on the agency’s Internet Web site that aggregates information provided
by grant recipients. The bill would authorize the secretary, when
implementing the initiative, to fund a project that uses a model that was
previously funded as a pilot project under certain programs if specified
criteria are met. The bill would make the funding of the initiative subject
to an appropriation by the Legislature for that purpose and would make
implementation of the initiative contingent on the secretary notifying
the Department of Finance that sufficient moneys have been
appropriated.
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. Chapter 6 (commencing with Section 14600) is
line 2 added to Division 7 of the Unemployment Insurance Code, to read:
line 3
line 4 Chapter 6. Removing Barriers to Employment Act
line 5
2
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line 1 SECTION 1. Division 1.4 (commencing with Section 180) is
line 2 added to the Labor Code, to read:
line 3
line 4 DIVISION 1.4. REMOVING BARRIERS TO EMPLOYMENT
line 5 ACT
line 6
line 7 14600.
line 8 180. The Legislature finds and declares all of the following:
line 9 (a) The economy in California continues to improve as shown
line 10 by lower unemployment rates and higher job growth, but poverty
line 11 is still an issue in many of our cities and among many of our
line 12 citizens. The California Poverty Measure reported in 2015 that 78
line 13 percent of Californians in poverty live in families with at least one
line 14 adult working, with 69 percent of those working full time.
line 15 Low-income families continue to struggle to pay for the basic cost
line 16 of supporting their families. With low wages and lack of job skills,
line 17 this target population falls further behind and cannot escape
line 18 poverty.
line 19 (b) Lack of formal education, low English literacy, and
line 20 lower-level job skills prevent upward mobility in pay and job
line 21 stability. There is a need for improved access and funding to
line 22 provide “career pathways” services, particularly for the poor.
line 23 (c) Increased funding for English language improvement
line 24 training, basic skills and adult education, high school diploma and
line 25 GED acquisition, skills training, work experience, on-the-job
line 26 training, earn-as-you-learn, industry certifications, mentoring, case
line 27 management, and more is needed to bridge the gap to gainful
line 28 employment for the more difficult to reach in our population.
line 29 (d) Local community-based organizations, government agencies,
line 30 and workforce investment boards throughout California struggle
line 31 to provide adequate services to the increasing number of poor
line 32 residents who need career pathways services. In particular, funding
line 33 is needed for case management, career guidance, and other services
line 34 that enhance training/job retention and the ability to meet family
line 35 basic expense needs while pursuing a career opportunity.
line 36 (e) Special emphasis is needed to make sure that programs reach
line 37 those among us with the most difficult needs with the goal of
line 38 preparing those persons for training, educational, apprenticeship
line 39 apprenticeship, or employment opportunities.
3
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line 1 14600.5.
line 2 180.1 As used in this chapter, division, “Breaking Barriers to
line 3 Employment Initiative” or “initiative” means the Breaking Barriers
line 4 to Employment Initiative established in this chapter.
line 5 14601.
line 6 180.2 (a) This chapter division establishes the Breaking
line 7 Barriers to Employment Initiative within the agency. The initiative
line 8 shall be led by the Secretary of Labor and Workforce Development,
line 9 that may assign all or part of the administration of the initiative to
line 10 one or more entities within the agency’s oversight. The Secretary
line 11 may authorize another state entity that has experience with serving
line 12 one or more of the populations identified in subdivision (e) to
line 13 administer a portion of the initiative, if the other state entity agrees
line 14 to meet all the requirements of this division and to provide the
line 15 Secretary with the information necessary to meet the reporting
line 16 requirements.
line 17 (b) (1) The purpose of the initiative is to provide funds to
line 18 workforce investment boards and community-based organizations
line 19 that submit joint proposals that assist individuals who have multiple
line 20 barriers to employment to receive the remedial education and work
line 21 readiness skills that will help them to successfully participate in
line 22 training, apprenticeship, or employment opportunities that will
line 23 lead to self-sufficiency and economic stability.
line 24 (2) The initiative operationalizes an innovative model of effective
line 25 collaboration between two important workforce partners for the
line 26 benefit of populations that routinely face barriers to employment.
line 27 By leveraging the experience of community-based organizations
line 28 to meet the unique needs of certain groups with the resources of
line 29 the workforce boards, the initiative creates an on-ramp to groups
line 30 that have been historically disconnected from traditional programs.
line 31 The role of the lead community-based organization is to use its
line 32 expertise in working with the targeted populations to remediate
line 33 education and workforce readiness skills and to collaborate with
line 34 the lead workforce board to transition clients to career pathways
line 35 and sector strategies developed by local workforce boards. The
line 36 role of the lead workforce investment board, at a minimum, is to
line 37 collaborate with and assist the lead community-based organization
line 38 in designing a program that supports the transition of participants
line 39 who have successfully achieved the goals and objectives of the
4
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line 1 grant proposal to career pathways and sector strategies developed
line 2 by local workforce boards.
line 3 (c) In developing the initiative, the Secretary of Labor and
line 4 Workforce Development or his or her delegate shall consult with
line 5 public and private stakeholders, including nonprofit
line 6 community-based organizations, workforce development boards,
line 7 local governments, and other entities that serve individuals who
line 8 face barriers to employment.
line 9 (d) Funding for the initiative shall be subject to appropriation
line 10 by the Legislature for that purpose. Implementation of the initiative
line 11 is contingent upon the Secretary of Labor and Workforce
line 12 Development notifying the Department of Finance that sufficient
line 13 moneys have been appropriated and deposited in the Consolidated
line 14 Work Program Fund.
line 15 (e) The goals of the initiative shall include all of the following:
line 16 (1) Individuals who face multiple barriers to employment take
line 17 measurable steps to remediate education and workforce readiness
line 18 skills.
line 19 (2) Partnerships between community-based organizations and
line 20 workforce development boards, community colleges, and other
line 21 providers of quality education and training are demonstrably
line 22 strengthened in ways that benefit their client’s ability to continue
line 23 to access services that ultimately lead clients utilizing career
line 24 pathways and sector strategies developed by local workforce
line 25 boards.
line 26 (3) Community-based organizations increase their capacity to
line 27 achieve and measure results.
line 28 (e)
line 29 (f) The outcomes of the initiative shall be reported pursuant to
line 30 Section 14601.2 180.3.
line 31 14601.2.
line 32 180.3. The Secretary of Labor and Workforce Development
line 33 shall develop criteria for the selection of grant recipients that meet
line 34 all of the following:
line 35 (a) Outreach and technical assistance shall be provided to
line 36 prospective applicants, especially in rural and small population
line 37 areas.
line 38 (b) (1) Grants shall be awarded on a competitive basis. The
line 39 program shall include provisions to ensure a range of targeted
line 40 populations and geographic locations receive training opportunities.
5
Page 24 of 125
line 1 (2) Applications shall be evaluated based on the lead
line 2 community-based organization’s demonstrated capacity to
line 3 successfully deliver previous programs to the targeted populations
line 4 who the applicant is proposing to serve pursuant to subdivisions
line 5 (d) and (e).
line 6 (3) Each grant proposal shall further the initiative goals, as
line 7 identified in subdivision (e) of Section 180.2.
line 8 (4) Eligible activities for grant funds shall include, but are not
line 9 limited to, English language improvement training, basic skills
line 10 and adult education, high school diploma and GED acquisition,
line 11 skills training, work experience, on-the-job training,
line 12 earn-as-you-learn, industry certifications, mentoring, and other
line 13 remedial education and work readiness skills.
line 14 (5) Grant proposals funded through the initiative shall use at
line 15 least 90 percent of their funds for direct services to the clients who
line 16 face multiple barriers to employment.
line 17 (c) Each application shall include at least one lead workforce
line 18 investment board and one lead community-based organization.
line 19 An application that serves clients across one or more workforce
line 20 investment areas shall include a either of the following:
line 21 (1) Documentation of the existence of a current memorandum
line 22 of understanding with each workforce board within the proposed
line 23 service area.
line 24 (2) A letter of acknowledgment from each workforce board
line 25 within the proposed service area, but need not include a specific
line 26 role for all of the workforce investment boards in that area.
line 27 However, all applications shall have at least one workforce board
line 28 and one community-based organization working in partnership.
line 29 Obtaining the letter of acknowledgment shall be the responsibility
line 30 of the lead workforce investment board.
line 31 (d) Applicants shall apply for funds to serve one or more
line 32 targeted populations in one or more neighborhoods, local
line 33 jurisdictions, regions, or statewide. Each application shall include
line 34 how programs grant proposals are designed to complement the
line 35 work of, and integrate the individuals being served with, the
line 36 workforce development boards within the proposed service area.
line 37 (e) The grant proposal shall demonstrate how the grant recipient
line 38 will address the needs of one or more of the following populations:
line 39 (1) Youths who are disconnected from the education system or
line 40 employment.
6
Page 25 of 125
line 1 (2) Women seeking training or education to move into
line 2 nontraditional fields of employment.
line 3 (3) Workers displaced by the movement of an employer or those
line 4 who are long-term unemployed.
line 5 (4) Unskilled or under-skilled, low-earning workers looking to
line 6 advance into better-paying employment opportunities.
line 7 (5) Persons for whom English is not their primary language.
line 8 (6) Economically disadvantaged persons who face barriers to
line 9 reaching training or apprenticeship opportunities for sustainable
line 10 careers.
line 11 (7) CalWORKS participants.
line 12 (8) Persons who are incarcerated and soon to be released or
line 13 formerly incarcerated.
line 14 (9) Armed services veterans who face barriers due to skills that
line 15 are not applicable to employment, training, apprenticeship
line 16 opportunities in the region in which they live, or because of mental
line 17 health, health, or other barriers that serve as impediments to those
line 18 opportunities.
line 19 (10) Native Americans or migrant, seasonal farmworkers.
line 20 (11) People with developmental or other disabilities.
line 21 (f) The grant proposal shall explain the specific purpose of the
line 22 grant funds and define the general methodology and training
line 23 methods proposed to be used.
line 24 (g) (1) The proposal shall identify baseline criteria and metrics
line 25 by which the overall success of the grant program proposal can
line 26 be evaluated. evaluated, consistent with the initiative goals as
line 27 identified in subdivision (e) of Section 180.2. The proposal shall
line 28 also explain the manner in which the progress of the individuals
line 29 participating in the program will be monitored during the grant
line 30 period.
line 31 (2) One component of the grant proposal shall provide for a
line 32 preservice education and training assessment, which shall form
line 33 the baseline for measuring program performance. A prior
line 34 assessment may be used if, in the determination of the Secretary
line 35 of Labor and Workforce Development, its results are accurate and
line 36 appropriate for the proposed program. grant proposal.
line 37 (3) Measurements of success shall be based on the targeted
line 38 population and the baseline measurements set through the
line 39 individual client assessment. assessment, consistent with the
7
Page 26 of 125
line 1 initiative goals as identified in subdivision (e) of Section 180.2.
line 2 These metrics may include, but are not limited to:
line 3 (A) The number of participants in the program who have
line 4 completed a high school diploma or received a GED.
line 5 (B) The number of participants in the program who have
line 6 completed a remedial education program.
line 7 (C) The number of participants in the program who have
line 8 completed a work readiness program.
line 9 (D) The number of participants who have received assistance
line 10 to enroll their children in after school programs while the program
line 11 participant enrolls in secondary or postsecondary education or
line 12 maintains employment.
line 13 (E) The number of participants who have completed a certified
line 14 drug treatment or mental health program.
line 15 (F) The number of participants who have matriculated to a
line 16 preapprenticeship or apprenticeship program.
line 17 (G) The number of participants who passed the Ability to Benefit
line 18 test and enrolled into a career pathway program, as defined in the
line 19 federal Higher Education Act (20 U.S.C. Sec. 1091(d)(2)).
line 20 (h) (1) Key features of the grant shall be provided in a
line 21 memorandum of understanding between the applicants and the
line 22 agency, including, but not limited to, the purpose of the grant,
line 23 expected outcomes, the oversight and monitoring process, and
line 24 reporting requirements.
line 25 (2) As a condition of receiving funds, a grant recipient shall
line 26 agree to provide information to the Secretary of Labor and
line 27 Workforce Development that is determined by the secretary as
line 28 necessary to meet all reporting requirements.
line 29 (i) On at least an annual basis and upon completion of the grant
line 30 period, grant recipients shall report to the Secretary of Labor and
line 31 Workforce Development information regarding their use of funds,
line 32 workforce training outcomes, and any other information required
line 33 by the secretary.
line 34 (j) By January 1, 2018, and each year thereafter, the Secretary
line 35 of Labor and Workforce Development shall post a report on the
line 36 agency’s Internet Web site that aggregates the information provided
line 37 by the grant recipients, including, but not limited to, the overall
line 38 success of the grant programs.
8
Page 27 of 125
line 1 14601.3.
line 2 180.4. In implementing the initiative, the Secretary of Labor
line 3 and Workforce Development may fund a full-scale project that
line 4 uses a model that was previously funded as a pilot project through
line 5 the Workforce Accelerator, the Supervised Population Workforce
line 6 Training Program, SlingShot, or other existing programs, to the
line 7 extent that the goals, measures, and metrics are sufficiently aligned,
line 8 so as to:
line 9 (a) Serve the same client base.
line 10 (b) Address the needs of individuals who face multiple barriers
line 11 to employment to receive remedial education and work readiness
line 12 skills.
line 13 (c) Have an end goal of preparing those individuals for further
line 14 training that results in apprenticeship or middle-skill employment
line 15 opportunities. Eligible applicants for programs under this section
line 16 shall exclusively be joint applications from one or more workforce
line 17 investment boards and one or more community-based
line 18 organizations.
O
9
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Page 29 of 125
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LEGISLATION COMMITTEE 5.
Meeting Date:05/09/2016
Subject:AB 2466 (Weber) Voting: Felons
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-13
Referral Name: AB 2466 (Weber) Voting: Felons
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by staff of Supervisor Andersen's office, as
requested by Amanda Le, Policy Associate for ACLU of San Diego and Imperial Counties.
Referral Update:
Assembly Bill (AB) 2466 (Weber) Voting: Felons would clarify existing California law on voter
eligibility and guarantees a more inclusive and participatory electorate. The bill would require an
election statement that a person entitled to register to vote must be a United States citizen, a
California resident, not currently in state or federal prison or on state parole for a felony and at
least 18 years of age.
Status: 04/13/2016 From ASSEMBLY Committee on ELECTIONS AND REDISTRICTING: Do
pass to Committee on APPROPRIATIONS. (5-2)
Bill Analysis 04/11/2016:
SUMMARY: Conforms state law to a recent Superior Court ruling in Scott v. Bowen, in which
the court found that individuals on post-release community supervision (PRCS) and
mandatory supervision are eligible to vote under Section 2, Article II of the California
Constitution, as specified. Makes other significant changes to voter eligibility provisions of
law, as specified. Specifically, this bill:
1) Provides that a person who is not imprisoned or on parole for the conviction of a felony,
instead of a person who is not in prison or on parole for the conviction of a felony, is
eligible to register to vote, as specified. Provides that the following definitions apply to
these provisions:
a) Defines "imprisoned" to mean currently serving a state or federal prison sentence.
b) Defines "parole" to mean a term of supervision by the Department of Corrections and
Rehabilitation (CDCR).
Page 32 of 125
c) Provides that "conviction" does not include a juvenile adjudication made pursuant
existing law.
2) Makes changes to statements required to be included in printed literature and media
announcements used in county programs designed to encourage registration of electors
and requires the statements to state that a person entitled to register to vote must be a
United States citizen, a California resident, at least 18 years of age at the time of the
election, and not currently in state or federal prison or on state parole for the conviction of
a felony, instead of not in prison or on parole for the conviction of a felony,
3) Makes changes to statements required to be sent to county elections officials, on the
basis of records from the courts, that shows the names, addresses, and dates of birth of all
persons who have been convicted of felonies since the clerk's last report, and instead
requires the statement to show the names, addresses, and dates of birth of all persons who
have been committed to state prison as a result of the conviction of a felony since the
clerk's last report.
EXISTING LAW:
1) Permits a person who is a United States citizen, a resident of California, not in prison or
on parole for the conviction of a felony, and at least 18 years of age at the time of the next
election, to register to vote.
2) Requires the county elections official to cancel the affidavits of registration of those
persons who are imprisoned or on parole for the conviction of a felony.
3) Requires the Legislature to provide for the disqualification of electors while imprisoned or
on parole for the conviction of a felony.
4) Requires the clerk of the superior court in each county to furnish the chief elections
official of the county, not less frequently than the first day of April and the first day of
September of each year, with a statement showing the names, addresses, and dates of
birth of all persons who have been convicted of felonies since the clerk's last report.
5) Requires a program adopted by a county that is designed to encourage the registration
of electors to print literature and media announcements made in connection with these
programs that contain the following statement, "A person entitled to register to vote must
be a United States citizen, a California resident, not in prison or on parole for the conviction
of a felony, and at least 18 years of age at the time of the election." Permits a county
elections official to continue to use existing materials before printing new or revised
materials required by any changes to these provisions.
FISCAL EFFECT: Unknown. State-mandated local program: contains reimbursement
direction.
COMMENTS:
1) Purpose of the Bill: According to the author:
The Criminal Justice Realignment Act of 2011 (CJRA) created three new categories of
sentencing for people convicted of low-level felonies: mandatory supervision, post-release
community supervision, and a term in county jail. These new categories caused confusion
for local elections officials and voters. Last year, in Scott v. Bowen, the issue of the voting
rights of people sentenced under the first two categories of local supervision was finalized,
and with the support of the Secretary of State, more than 50,000 people under mandatory
and post-release community supervision had their voting rights restored.
Page 33 of 125
AB 2466 amends the Elections Code to reflect the decision in Scott v. Bowen and clarifies
that the third category of CJRA sentencing - a term in county jail - likewise does not strip
people of their constitutional right to vote. This clarification completes the restoration of the
law prior to the CJRA: only those serving a state-prison sentence or on parole and under
CDCR supervision lose the right to vote.
Finally, civic participation can be a critical component of re-entry and has been linked to
reduced recidivism. No eligible voter should be kept from fulfilling their responsibility and
civic duty due to ambiguity in the law.
2) California Disenfranchisement Laws: Article II, Section 4 of the California Constitution
states that "[the] Legislature shall prohibit improper practices that affect elections and shall
provide for the disqualification of electors while mentally incompetent or imprisoned or on
parole for the conviction of a felony." Elections Code Section 2101 is the statute that
implements Article II, Section 4 of the California Constitution. Section 2101 states that "[a]
person entitled to register to vote shall be a United States citizen, a resident of California,
not in prison or on parole for the conviction of a felony, and at least 18 years of age at the
time of the next election." Moreover, under California law, any person who is imprisoned or
on parole for the conviction of a felony is prohibited from voting and elections officials are
required to cancel the voter registrations of such individuals. However, a person who is on
probation for conviction of a felony is permitted to vote. While it would seem that the
determination of whether an individual is eligible to vote is fairly straightforward, there has
been a great deal of confusion about what constitutes being "imprisoned" for the conviction
of a felony.
For instance, it is not uncommon for a person who has been convicted of a felony to be
ordered to serve time in county jail as a condition of probation. To the extent that a person
is serving time in county jail as a condition of probation, that person is not considered to be
"imprisoned" for the conviction of a felony under California law, and thus, that person
remains eligible to vote, even while he or she is in the county jail.
On the other hand, due to a variety of reasons, a person who has been convicted of a felony
and sentenced to serve time in state prison may nonetheless serve part or all of his or her
sentence in a county or city jail due to a contractual agreement with the state. In such a
circumstance, that person is not eligible to vote, and the elections official should cancel
that person's registration, since he or she is not on probation - but rather has been
convicted of a felony and was sentenced to state prison. The fact that the individual is
serving that prison time in a local jail under a contractual arrangement is not relevant in
determining whether that person has the ability to register to vote or to vote.
These interpretations of California's disenfranchisement laws were affirmed by the Court of
Appeal for the State of California, First Appellate District, Division One, in League of Women
Voters of California v. McPherson (2006), 145 Cal.App.4th 1469. In that case, the court
noted that "where a probationer is ordered to serve time in a local facility because either
imposition or execution of sentence has been suspended, he or she has not been
imprisoned for the conviction of a felony, but has been confined as a condition of
probation."
3) Criminal Justice Realignment & Inmate Voting Eligibility: In 2011, California passed a
series of bills known as the CJRA. Although prior to realignment, some felony sentences
were served in county or city jails, most felony sentences were served in state prison.
Under realignment, certain lower-level felony offenders, who would have been sentenced to
state prison, are now sentenced to serve their time in custody in county jail. Additionally,
after release from custody and depending on the offense and sentence, realignment
changed the state's parole system and created the option for an inmate to be released to a
Page 34 of 125
term of "post-release community supervision (PRCS)" (under the control of the local
probation department) or mandatory supervision. Thus, the enactment of the CJRA has
caused an even greater deal of confusion and raised questions about the eligibility to vote
for convicted felons sentenced to these new programs. Specifically, the question arose as
to whether individuals on PRCS and mandatory supervision were considered "on parole"
and whether person serving a felony sentence in county jail were "imprisoned" for the
purposes of Section 4, Article II of the California Constitution and Section 2101 of the
Elections Code.
According to court documents, the Secretary of State's (SOS) office, at the request of
county elections officials, issued a memorandum on December 5, 2011 which analyzed
CJRA and its effect on voter eligibility. The SOS's office concluded that realignment "does
not change the voting status of offenders convicted of CJRA-defined low-level felonies,
either because they serve their felony sentences in county jail instead of state prison or
because the mandatory supervision that is a condition of their release from prison is
labeled something other than 'parole.' Offenders convicted of CJRA-defined low-level
felonies continue to be disqualified from voting while serving a felony sentence in county
jail, while at the discretion of the court serving a concluding portion of that term on
county-supervised probation, or while they remain under mandatory 'post release
community supervision' after release from state prison."
Voting rights groups filed a lawsuit against the SOS arguing that realigned individuals have
a right to vote. In March of 2012, a lawsuit was filed in the First District Court of Appeal to
clarify that people who have been sentenced for low-level, non-violent offenses under the
CJRA are entitled to vote in the 2012 elections and beyond (All of Us or None et al. v.
Bowen et al. (2012) No. A134775). On May 17, 2012, the First District Court of Appeal
summarily denied the petition, meaning that it refused to hear the case or issue an
opinion. In response, petitioners filed another lawsuit in the California Supreme Court to
review the case and decide the case on an expedited basis (All of Us or None v. Bowen
(2012) No. S202885). The Supreme Court, which has the discretion to either hear the
case, order the Court of Appeal to decide it, or deny review, denied review on July 25,
2012.
In February of 2014, a lawsuit was filed in the Alameda Superior Court challenging the
SOS's memorandum, claiming that individuals on PRCS and mandatory supervision are
eligible to vote under Article II, Section 4 of the California Constitution (Scott et al. v.
Bowen (2014) No. RG14-712570).
In May of 2014, the Superior Court issued a final judgment rejecting the interpretation of
Realignment in SOS's memorandum. The Superior Court held "as a matter of law that
California Constitution Article II, Section 2 and Elections Code 2101, require the State of
California to provide all otherwise eligible persons on [mandatory supervision and PRCS]
the same right to register to vote and to vote as all otherwise eligible persons." The court
concluded that restoring voting rights of persons under PRCS and or mandatory supervision
is consistent with the Realignment policy goal to promote reintegration of low-level
offenders back into the community. In addition, the court relied upon the long-held
principle in California law requiring courts "to give every reasonable presumption in favor of
the right of people to vote" and to "not engage in any construction of an election law that
would disenfranchise any voter if the law is reasonably susceptible of any other meaning."
The Superior Court decision, however, did not address the conclusion in SOS's
memorandum that persons convicted of a felony and serving time in county jail under
Realignment are ineligible to vote.
This bill conforms state law to the Superior Court ruling and makes other significant
changes to voter eligibility provisions of law. First, this bill codifies the meaning of the term
parole as determined by the Superior Court ruling. Specifically, this bill defines "parole" to
Page 35 of 125
mean a term of supervision by the Department of Corrections and Rehabilitation.
Secondly, this bill makes changes to Elections Code Section 2101, the implementing
statute for Article II, Section 4 of the California Constitution that states "[the] Legislature
shall prohibit improper practices that affect elections and shall provide for the
disqualification of electors while mentally incompetent or imprisoned or on parole for the
conviction of a felony." Specifically, this bill permits a person who is a United States citizen,
a resident of California, at least 18 years of age at the time of the next election, and not
imprisoned, instead of in prison, or on parole for the conviction of a felony, to register to
vote. This bill defines the term "imprisoned" to mean currently serving in a state or federal
prison sentence and provides that the term "conviction" does not include a juvenile
adjudication made pursuant existing law. These changes to voter eligibility provisions of law
seek to address the questions not discussed in the court ruling of whether a person serving
a felony sentence in county jail were "imprisoned" for purposes of Section 4, Article II of
the California Constitution and Section 2101 of the Elections Code and persons convicted of
a felony and serving time in county jail under Realignment are ineligible to vote.
4) Updated Secretary of State Memorandum: In June of 2014, the Superior Court issued a
writ of mandate ordering the SOS to withdraw the previous memorandum concerning
voting rights of persons subject to sentencing under the CJRA and to notify elections
officials that it had been withdrawn.
In August of 2015, Secretary of State Alex Padilla announced an end to the appeal of Scott
v Bowen and complied with the Superior Court decision pursuant to a settlement of the
case with the plaintiffs. In accordance with the writ of mandate, the SOS sent out a new
memorandum, which served as notification to elections officials that the previous
memorandum had been withdrawn. Additionally, according to the new memorandum, the
SOS also prepared new language for the paper and online affidavit of voter registration and
updated the language contained in other voting materials and voter education materials
consistent with the Superior Court ruling and settlement. The revised voter materials
specify the voting rights of persons subject to two categories of county-supervised
non-custodial post-imprisonment release programs under Realignment as follows:
Post Release Community Supervision (PRCS): A person released from prison on or after
October 1, 2011, for a conviction of a crime defined by Realignment as a low-level felony,
and who is released from state prison to county-supervised PRCS, is eligible to register and
vote.
Mandatory Supervision: At the time a judge sentences a person to county jail for the
conviction of a specified low-level felony, Realignment authorizes a judge to order that the
person be released and supervised by a probation officer for a specified, concluding portion
of the term. Following release from county jail and during the period of supervision, this
person is eligible to register and vote.
6) Changes to Printed Materials: Current law requires a program adopted by a county that
is designed to encourage the registration of electors to print literature and media
announcements made in connection with these programs that contain the following
statement, "A person entitled to register to vote must be a United States citizen, a
California resident, not in prison or on parole for the conviction of a felony, and at least 18
years of age at the time of the election." County elections officials are permitted to
continue to use existing materials before printing new or revised materials required by any
changes to these provisions.
Existing law also requires the clerk of the superior court in each county to furnish the chief
elections official of the county, not less frequently than the first day of April and the first
day of September of each year, with a statement showing the names, addresses, and dates
of birth of all persons who have been convicted of felonies since the clerk's last report.
Page 36 of 125
of birth of all persons who have been convicted of felonies since the clerk's last report.
This bill makes changes to these materials. Specifically, this bill requires the statements
included in printed literature and media announcements used in county programs designed
to encourage registration of electors to state that a person entitled to register to vote must
be a United States citizen, a California resident, not currently in state or federal prison or
on state parole for the conviction of a felony, instead of not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of the election. Additionally,
this bill requires statements sent to county elections officials from the clerk of the superior
court to show the names, addresses, and dates of birth of all persons who have been
committed to state prison as a result of the conviction of a felony since the clerk's last
report instead of showing the names, addresses, and dates of birth of all persons who have
been convicted of felonies since the clerk's last report.
5) Arguments in Support: One of the sponsors of this bill, American Civil Liberties Union of
California, writes:
The meaning of the terms "imprisoned" and "parole," however, has been the subject of
ongoing litigation and confusion, particularly as criminal justice reforms and sentencing
laws have evolved. Most recently, voter eligibility was the subject of litigation following the
passage of the Criminal Justice Realignment Act of 2011 (CJRA), which created three new
categories of sentencing for people convicted of low-level felonies: mandatory supervision,
post-release community supervision, and a term in county jail.
While courts have consistently interpreted the constitutional provision in favor of the
enfranchisement of voters, California's voter eligibility laws cannot be subject to change,
litigation, and clarification every time a sentencing reform is enacted. Elections officials and
the Secretary of State need guidance and clarity in order to ensure consistent application of
voter eligibility law and accurate maintenance of the voter file. Without clarification, the
state is left with the potential for county-by-county interpretations, widespread confusion,
and the actual and de facto disenfranchisement of voters.
AB 2466 would thus amend the Elections Code to codify the recent decision in Scott v.
Bowen, ensuring that more than 50,000 people under mandatory and post-release
community supervision can vote. AB 2466 also clarifies that the third category of CJRA
sentencing - a term in county jail - likewise does not strip people of their right to vote.
Finally, AB 2466 would clarify the information courts provide to elections officials.
6) Arguments in Opposition: In opposition, the California State Sheriff's Association writes:
Longstanding California law has provided that imprisoned felons are excluded from voting.
The people have consistently determined that by virtue of a felon's crime he or she is
temporarily denied the right to participate in elections. The notion that felons have shown a
disregard for the laws and their disobedience should exclude them from political
decision-making.
Unfortunately, AB 2466 disregards this thought process and allows certain incarcerated
felons to vote. This bill "restores" a convicted felon's voting rights if he or she happens to
be serving time in a county jail. When Realignment altered where thousands of felons would
be housed, it did not change the felony status of their crimes. A felony is still a felony
regardless of where the felon is housed. As such, to allow the restoration of a convicted
felon's voting rights based on his or her custodial location is not only inconsistent but
insulting to law-abiding citizens.
7) Previous Legislation: AB 938 (Weber) from 2014, was amended after passing out of
Assembly Elections Committee to address a different issue.
Page 37 of 125
REGISTERED SUPPORT / OPPOSITION:
Support:
All of Us or None (co-sponsor)
American Civil Liberties Union of California (co-sponsor)
Asian Americans Advancing Justice - California (co-sponsor)
Lawyers' Committee for Civil Rights of the San Francisco Bay Area (co-sponsor)
Legal Services for Prisoners with Children (co-sponsor)
League of Women Voters of California (co-sponsor)
Mexican American Legal Defense and Educational Fund (co-sponsor)
Alliance of Californians for Community Empowerment
Anti-Defamation League
Brennan Center for Justice
California Association of Nonprofits
California Calls
California Catholic Conference of Bishops
California Coalition for Women Prisoners
California Immigrant Policy Center
California Public Defenders Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Chinese for Affirmative Action
Friends Committee on Legislation of California
Further The Work
Homeboy Industries
Justice Not Jails
Law Foundation of Silicon Valley
Mi Familia Vota
NAACP Legal Defense and Educational Fund, Inc.
National Council of La Raza
A New PATH
PICO California
Pillars of the Community
Project Vote
Public Defender of the City and County of San Francisco Jeff Adachi
Rock the Vote
Root & Rebound
Rubicon Programs
San Diego La Raza Lawyers Association
Voto Latino
Youth Law Center
Opposition:
California State Sheriff's Association
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Attachment A includes the bill text. Attachment B is a fact sheet on the bill.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position on AB 2466 (Weber): Voting:
Page 38 of 125
CONSIDER recommending to the Board of Supervisors a position on AB 2466 (Weber): Voting:
Felons.
Attachments
Attachment A: AB 2466 bill text
Attachment B: AB 2466 fact sheet
Page 39 of 125
AMENDED IN ASSEMBLY APRIL 6, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2466
Introduced by Assembly Member Weber
(Principal coauthor: Senator Mitchell)
February 19, 2016
An act to amend Sections 2101, 2106, and 2212 of the Elections
Code, relating to voting.
legislative counsel’s digest
AB 2466, as amended, Weber. Voting: felons.
The California Constitution requires the Legislature to provide for
the disqualification of electors while mentally incompetent or imprisoned
or on parole for the conviction of a felony. Existing law provides that
a person is entitled to register to vote if he or she is a United States
citizens, citizen, a resident of California, not imprisoned or on parole
for the conviction of a felony, and at least 18 years of age at the time
of the next election.
This bill, for purposes of determining who is entitled to register to
vote, would define imprisoned as currently serving a state or federal
prison sentence and would define parole as a term of supervision by
the Department of Corrections and Rehabilitation. The bill would clarify
that conviction does not include a juvenile adjudication.
Existing law requires any program adopted by a county pursuant to
certain provisions, that is designed to encourage the registration of
electors, with respect to any printed literature or media announcements
made in connection with the program to contain a statement that a person
entitled to register to vote must be a United States citizen, a California
Page 40 of 125
resident, not in prison or on parole for conviction of a felony, and at
least 18 years of age at the time of the election.
This bill would instead require that the statement, as described above,
state that a person entitled to register to vote must be a United States
citizen, a California resident, not currently in state or federal prison or
on state parole for the conviction of a felony, and at least 18 years of
age at the time of the election. By requiring a county to change the
statement included as part of its voter registration program, as described
above, the bill would impose a state-mandated local program.
Existing law requires the clerk of the superior court of each county,
on the basis of the records of the court, to furnish to the chief elections
official of the county, at least on April 1 and September 1 of each year,
a statement showing the names, addresses, and dates of birth of all
persons who have been convicted of felonies since the clerk’s last report.
Existing law requires the elections official to cancel the affidavits of
registration of those persons who are currently imprisoned or on parole
for the conviction of a felony.
This bill would instead require that the statement furnished by the
clerk of the superior court of each county to the county elections official
show the names, addresses, and dates of birth of all person persons who
have been committed to state prison as the result of the conviction of
a felony since the clerk’s last report.
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 2101 of the Elections Code, as enacted
line 2 by Section 2 of Chapter 920 of the Statutes of 1994, is amended
line 3 to read:
line 4 2101. (a) A person entitled to register to vote shall be a United
line 5 States citizen, a resident of California, not imprisoned or on parole
2
Page 41 of 125
line 1 for the conviction of a felony, and at least 18 years of age at the
line 2 time of the next election.
line 3 (b) (1) For purposes of this section the following definitions
line 4 apply:
line 5 (A)
line 6 (1) “Imprisoned” means currently serving a state or federal
line 7 prison sentence.
line 8 (B)
line 9 (2) “Parole” means a term of supervision by the Department of
line 10 Corrections and Rehabilitation.
line 11 (2) For purposes of this section, “conviction” does not include
line 12 a juvenile adjudication.
line 13 (3) “Conviction” does not include a juvenile adjudication made
line 14 pursuant to Section 203 of the Welfare and Institutions Code.
line 15 SEC. 2. Section 2101 of the Elections Code, as amended by
line 16 Section 2 of Chapter 728 of the Statutes of 2015, is amended to
line 17 read:
line 18 2101. (a) A person entitled to register to vote shall be a United
line 19 States citizen, a resident of California, not imprisoned or on parole
line 20 for the conviction of a felony, and at least 18 years of age at the
line 21 time of the next election.
line 22 (b) A person entitled to preregister to vote in an election shall
line 23 be a United States citizen, a resident of California, not imprisoned
line 24 or on parole for the conviction of a felony, and at least 16 years
line 25 of age.
line 26 (c) (1) For purposes of this section the following definitions
line 27 apply:
line 28 (A)
line 29 (1) “Imprisoned” means currently serving a state or federal
line 30 prison sentence.
line 31 (B)
line 32 (2) “Parole” means a term of supervision by the Department of
line 33 Corrections and Rehabilitation.
line 34 (2) For purposes of this section, “conviction” does not include
line 35 a juvenile adjudication.
line 36 (3) “Conviction” does not include a juvenile adjudication made
line 37 pursuant to Section 203 of the Welfare and Institutions Code.
line 38 SEC. 3. Section 2106 of the Elections Code, as enacted by
line 39 Section 2 of Chapter 920 of the Statutes of 1994, is amended to
line 40 read:
3
Page 42 of 125
line 1 2106. A program adopted by a county pursuant to Section 2103
line 2 or 2105, that is designed to encourage the registration of electors,
line 3 shall contain the following statement in any printed literature or
line 4 media announcements made in connection with the program: “A
line 5 person entitled to register to vote must be a United States citizen,
line 6 a resident of California, not currently in state or federal prison or
line 7 on state parole for the conviction of a felony, and at least 18 years
line 8 of age at the time of the election.”
line 9 SEC. 4. Section 2106 of the Elections Code, as amended by
line 10 Section 2 of Chapter 619 of the Statutes of 2014, is amended to
line 11 read:
line 12 2106. A program adopted by a county pursuant to Section 2103
line 13 or 2105, that is designed to encourage the registration of electors,
line 14 shall contain the following statement in printed literature or media
line 15 announcements made in connection with the program: “A person
line 16 entitled to register to vote must be a United States citizen, a resident
line 17 of California, not currently in state or federal prison or on state
line 18 parole for the conviction of a felony, and at least 18 years of age
line 19 at the time of the election. A person may preregister to vote if he
line 20 or she is a United States citizen, a resident of California, not
line 21 currently in state or federal prison or on state parole for the
line 22 conviction of a felony, and at least 16 years of age.” A county
line 23 elections official may continue to use existing materials before
line 24 printing new or revised materials required by any changes to this
line 25 section.
line 26 SEC. 5. Section 2106 of the Elections Code, as amended by
line 27 Section 5 of Chapter 728 of the Statutes of 2015, is amended to
line 28 read:
line 29 2106. A program adopted by a county pursuant to Section 2103
line 30 or 2105, that is designed to encourage the registration of electors,
line 31 shall contain the following statement in printed literature or media
line 32 announcements made in connection with the program: “A person
line 33 entitled to register to vote must be a United States citizen, a resident
line 34 of California, not currently imprisoned in a state or federal prison
line 35 or on state parole for the conviction of a felony, and at least 18
line 36 years of age at the time of the election. A person may preregister
line 37 to vote if he or she is a United States citizen, a resident of
line 38 California, not currently imprisoned in a state or federal prison or
line 39 on state parole for the conviction of a felony, and at least 16 years
line 40 of age.” A county elections official may continue to use existing
4
Page 43 of 125
line 1 materials before printing new or revised materials required by any
line 2 changes to this section.
line 3 SEC. 6. Section 2106 of the Elections Code, as amended by
line 4 Section 6 of Chapter 728 of the Statutes of 2015, is amended to
line 5 read:
line 6 2106. A program adopted by a county pursuant to Section 2103
line 7 or 2105, that is designed to encourage the registration of electors,
line 8 shall contain the following statement in any printed literature or
line 9 media announcements made in connection with the program: “A
line 10 person entitled to register to vote must be a United States citizen,
line 11 a resident of California, not currently imprisoned in a state or
line 12 federal prison or on state parole for the conviction of a felony, and
line 13 at least 18 years of age at the time of the election.”
line 14 SEC. 7. Section 2212 of the Elections Code, as amended by
line 15 Section 95 of Chapter 784 of the Statutes of 2002, is amended to
line 16 read:
line 17 2212. The clerk of the superior court of each county, on the
line 18 basis of the records of the court, shall furnish to the county
line 19 elections official, not less frequently than the first day of April and
line 20 the first day of September of each year, a statement showing the
line 21 names, addresses, and dates of birth of all persons who have been
line 22 committed to state prison as the result of a felony conviction since
line 23 the clerk’s last report. The elections official shall, during the first
line 24 week of April and the first week of September in each year, cancel
line 25 the affidavits of registration of those persons who are currently
line 26 imprisoned or on parole for the conviction of a felony. The clerk
line 27 shall certify the statement under the seal of the court.
line 28 SEC. 8. Section 2212 of the Elections Code, as amended by
line 29 Section 65 of Chapter 728 of the Statutes of 2015, is amended to
line 30 read:
line 31 2212. The clerk of the superior court of each county, on the
line 32 basis of the records of the court, shall furnish to the Secretary of
line 33 State and the county elections official in the format prescribed by
line 34 the Secretary of State, not less frequently than the first day of every
line 35 month, a statement showing the names, addresses, and dates of
line 36 birth of all persons who have been committed to state prison as
line 37 the result of a felony conviction since the clerk’s last report. The
line 38 Secretary of State or county elections official shall cancel the
line 39 affidavits of registration of those persons who are currently
5
Page 44 of 125
line 1 imprisoned or on parole for the conviction of a felony. The clerk
line 2 shall certify the statement under the seal of the court.
line 3 SEC. 9. If the Commission on State Mandates determines that
line 4 this act contains costs mandated by the state, reimbursement to
line 5 local agencies and school districts for those costs shall be made
line 6 pursuant to Part 7 (commencing with Section 17500) of Division
line 7 4 of Title 2 of the Government Code.
O
6
Page 45 of 125
Office of Assemblymember Weber · AB 2466 Voting Rights Clarification · Page 1
SUMMARY
AB 2466 clarifies existing California law on voter
eligibility and guarantees a more inclusive and
participatory electorate.
BACKGROUND
California’s Constitution was amended in 1976
to end permanent disenfranchisement and
prohibit from voting only people who are
currently “imprisoned or on parole for the
conviction of a felony.” Courts have consistently
interpreted this provision in favor of the
enfranchisement of voters. As a result, until
2011, individuals serving a sentence for a felony
conviction could vote unless they were actually
serving a state-prison sentence or under
California Department of Corrections and
Rehabilitation (CDCR) supervision.
The Criminal Justice Realignment Act of 2011
(CJRA) created three new categories of
sentencing for people convicted of low-level
felonies: mandatory supervision, post-release
community supervision, and a term in county
jail. These new categories caused confusion for
local elections officials and voters. Last year, in
Scott v. Bowen, the issue of the voting rights of
people sentenced under the first two categories
of local supervision was finalized, and with the
support of the Secretary of State, more than
50,000 people under mandatory and post-
release community supervision had their voting
rights restored.
AB 2466 amends the Elections Code to reflect
the decision in Scott v. Bowen and clarifies that
the third category of CJRA sentencing – a term
in county jail – likewise does not strip people of
their constitutional right to vote. This
clarification completes the restoration of the
law prior to the CJRA: only those serving a
state-prison sentence or on parole and under
CDCR supervision lose the right to vote.
Finally, civic participation can be a critical
component of re-entry and has been linked to
reduced recidivism. The general welfare and
safety of our communities will be enhanced
with the civic participation of all eligible voters,
including those who are attempting to
successfully re-enter their communities.
EXISTING LAW
Existing law provides that a person is entitled to
register to vote if he or she is a United States
citizen, a resident of California, not imprisoned or
on parole for the conviction of a felony, and at
least 18 years of age at the time of the next election.
SPECIFICALLY, THIS BILL
AB 2466 eliminates confusion and avoids likely
litigation by clarifying the Elections Code.
Specifically, this bill:
Amends Election Code Section 2101 to
mirror the language of the constitutional
provision on voter eligibility.
Codifies last year’s court ruling in Scott v.
Bowen by defining “parole” as a term of
supervision by the CDCR.
Defines the term “imprisoned” for purposes of
voting as a state-prison or federal-prison sentence.
Clarifies a juvenile adjudication is not a
conviction and does not bar a juvenile from
voting if otherwise eligible.
Clarifies the information courts are required
to transmit to elections officials regarding
felony conviction status to ensure accurate
voter file maintenance.
This bill does not change the Penal Code, affect
any interpretation of the CJRA, or require Sheriffs
or other law enforcement agencies to do anything
new relating to voter registration or voting.
Instead, AB 2466 simply provides guidance to
local election officials and the Secretary of State
to ensure the constitutional provision on voter
eligibility is applied consistently across California.
AB 2466: Voting Rights Clarification
Building a More Inclusive Democracy
Assemblymember Shirley N. Weber (D – 79)
Co-Author: Senator Holly J. Mitchell (D – 30)
Page 46 of 125
Office of Assemblymember Weber · AB 2466 Voting Rights Clarification · Page 2
PREVIOUS LEGISLATION
AB 938 (Weber) 2013-14 – This bill attempted
to clarify that people sentenced pursuant to the
Criminal Justice Realignment Act retain their
constitutional right to vote. AB 938 was
amended substantially in 2014 to reflect
another subject area.
AB 742 (Saldana) 2009-2010 – This bill would
have required courts to provide county
registrars with specific information about the
type of felony conviction a person suffered so
as to ensure accurate voter rolls.
SUPPORT
Co-Sponsors:
ACLU of California
All of Us or None
Asian Americans Advancing Justice – California
League of Women Voters of California
Legal Services for Prisoners with Children
Lawyers’ Committee for Civil Rights of the
San Francisco Bay Area
Mexican American Legal Defense and
Education Fund
National Organizations:
Anti-Defamation League
Brennan Center for Justice
Center on Juvenile and Criminal Justice
Drug Policy Alliance
Mi Familia Vota
NAACP Legal Defense Fund
National Council of La Raza
National Association of Social Workers –
California Chapter
Project Vote
Rock the Vote
Voto Latino
Youth Law Center
California Organizations:
A New PATH
Alliance of Californians for Community
Empowerment (ACCE)
California Association of Nonprofits
California Attorneys for Criminal Justice
California Calls
California Catholic Conference
California Coalition for Women Prisoners
California Immigrant Policy Center
California Public Defenders Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Chinese for Affirmative Action
Friends Committee on Legislation of California
Further The Work
Homeboy Industries
Justice Not Jails
Law Foundation of Silicon Valley
National Lawyers Guild – Los Angeles
Orange County Reentry Partnership
PICO California
Pillars of the Community
Root & Rebound
Rubicon Programs
San Diego Immigrant Rights Consortium
San Diego La Raza Lawyers Association
San Francisco Public Defender’s Office
OPPOSITION
California State Sheriffs’ Association
STATUS
Introduced (2/19/16)
FOR MORE INFORMATION
Scott Matsumoto
Office of Assemblymember Shirley N. Weber
(916) 319-2079
Scott.Matsumoto@asm.ca.gov
Page 47 of 125
LEGISLATION COMMITTEE 6.
Meeting Date:05/09/2016
Subject:AB 2128 (Achadjian) Marriage
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-15
Referral Name: AB 2128 (Achadjian) Marriage
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by Clerk-Recorder Joe Canciamilla.
Referral Update:
Assembly Bill (AB) 2128 would amend existing law that allows a member of the Armed Force of
the United States who is stationed overseas and serving in a conflict or a war and is unable to
appear for the license and solemnization of the marriage to enter into that marriage by the
appearance of an attorney in fact and provides that the completion of the power of attorney is the
sole determinant as to whether the county clerk's office or State Registrar will accept the power of
attorney.
Status: 04/19/2016 From ASSEMBLY Committee on JUDICIARY: Do pass to Committee on
VETERANS AFFAIRS. (10-0)
SUMMARY: Limits the power of a county clerk or the State Register to reject a power of
attorney from a member of the Armed Forces stationed overseas and seeking to marry "by proxy."
Specifically, this bill provides that proper completion of a power of attorney by a member of the
armed forces, stationed overseas, serving in a conflict or a war and seeking to marry through an
attorney-in-fact, is the sole determinant as to whether the county clerk's office and the State
Registrar must accept the power of attorney and allow the military member to get married.
EXISTING LAW: Allows a member of the United States armed forces who is stationed overseas
and serving in a conflict or a war and is unable to appear for licensure and solemnization of his or
her marriage to enter into that marriage by the appearance of an attorneyin-fact, commissioned
and empowered in writing for that purpose through a power of attorney. (Family Code Section
420.)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: As stated by the Committee on Judiciary which heard this bill prior to its referral
Page 48 of 125
to this Committee:
California is now one of only a handful of states, including Texas and Colorado, that permit marriage by
proxy [marriage where one or both parties is not physically present]. Montana allows a "double proxy
marriage" in which neither party must be present in the state in order to legally marry, provided at least one
party is either a resident of Montana or a member of the military.
The current problem, according to the sponsor, the California Association of Clerks and Elections Officials,
is that a small number of county clerks and state officials have questioned whether some of the overseas
military members seeking to marry by proxy are actually in war or conflict zones and have, as a result,
rejected some requests to marry by proxy or later rejected marriage licenses. Given the international nature of
today's evolving threat of terrorism, it may not be clear to a county clerk or an official with the State
Registrar where conflict zones are. Thus, it appears best to accept a military member's signed declaration,
which as stated on the required form must be done under penalty of perjury, that he or she is serving in war or
conflict zone. This bill does just that by providing that proper completion of a power of attorney by a member
of the armed forces, stationed overseas and serving in a conflict or a war and seeking to marry through an
attorney-in-fact, is the sole determinant as to whether the county clerk's office and the State Registrar must
accept the power of attorney and allow the military member to get married.
In most instances, California law and that of most states does not allow proxy marriage because
the legal and other implications of marriage are so great that we want parties to a marriage to be
physically present. We would rather the parties incur some inconvenience or delay rather than
risk, even if the possibility is remote, that one party might be married without knowledge or
consent.
According to the Committee on Judiciary, the very limited marriage by proxy exception in
California which is at issue with this bill was presented by a couple, one of whom was deployed
to Iraq in 2004 and, in the context of that conflict actually or quite likely to be in harm’s way. In
such a circumstance, where a partner faces potential danger during deployment to a combat area,
the concern is that there may imminently be incapacitation or loss of life which would prevent the
parties from marrying later.
Though accidents and serious injury are always possible, the possibility of such an eventuality in
a combat zone or conflict is real and not speculative. Many veterans benefits and other important
rights, privileges and benefits may not arise or pass to the unmarried partner (or children of the
unmarried partners) at home should the deployed partner be injured or killed. Therefore it has
been the policy of this state to allow marriage by proxy in this limited situation, to prevent the
potential loss to the non-deployed partner and children.
According to the author:
In 2004, the Legislature overwhelmingly passed SB 7, which allowed members of the Armed Forces to
participate in a “marriage by proxy” so that if they were unable to attend their marriage ceremony, they
would still be able to get married. Unfortunately, since then, numerous marriage certificates have been denied
because the California Department of Public Health has deemed the person wasn’t stationed in an area of
conflict or war. However, areas of war or conflict are difficult to determine because it is undefined and those
areas are ever-changing. AB 2128 states that the completion of the power of attorney is the sole determinant
as to whether the county clerk’s office and the State Registrar will accept the power of attorney. This will
ensure that the marriage certificate is honored and that the county clerks and the State Registrar are not
forced to determine whether or not the service member is stationed in an area of war or conflict.
The problem presented by the sponsor of the bill is really one of implementation, as pointed out
by the author. The nature of modern war, conflict, and the diverse spectrum of modern military
operations renders it unreasonable to place the burden of determining compliance with the statute
on the county clerk insofar as it pertains to deployment in a war or conflict.
Page 49 of 125
REGISTERED SUPPORT / OPPOSITION:
Support:
AMVETS, Department of California
California Association of Clerks and Election Officials
California Association of County Veterans Service Officers
Military Officers Association of America, California Council of Chapters
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Opposition:
None on File.
Analysis Prepared by: John Spangler / V.A. / (916) 319-3550
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on AB 2128 (Achadjian):
Marriage, as recommended by the Clerk-Recorder.
Attachments
Attachment A: AB 2128 bill text
Page 50 of 125
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2128
Introduced by Assembly Member Achadjian
February 17, 2016
An act to amend Section 420 of the Family Code, relating to marriage.
legislative counsel’s digest
AB 2128, as amended, Achadjian. Marriage.
Existing law allows a member of the Armed Forces of the United
States who is stationed overseas and serving in a conflict or a war and
is unable to appear for the licensure and solemnization of the marriage
to enter into that marriage by the appearance of an attorney in fact. fact,
commissioned and empowered in writing for that purpose through a
power of attorney duly signed by the party stationed overseas and
acknowledged by a notary or witnessed by 2 officers of the United States
Armed Forces.
This bill would remove the requirement that the member of the Armed
Forces of the United States be serving in a conflict or war. provide that
the completion of the power of attorney is the sole determinant as to
whether the county clerk’s office or State Registrar will accept the
power of attorney.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no. Page 51 of 125
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 420 of the Family Code is amended to
line 2 read:
line 3 420. (a) No particular form for the ceremony of marriage is
line 4 required for solemnization of the marriage, but the parties shall
line 5 declare, in the physical presence of the person solemnizing the
line 6 marriage and necessary witnesses, that they take each other as
line 7 spouses.
line 8 (b) Notwithstanding subdivision (a), a member of the Armed
line 9 Forces of the United States who is stationed overseas and serving
line 10 in a conflict or a war and is unable to appear for the licensure and
line 11 solemnization of the marriage may enter into that marriage by the
line 12 appearance of an attorney in fact, commissioned and empowered
line 13 in writing for that purpose through a power of attorney. The
line 14 attorney in fact must shall personally appear at the county clerk’s
line 15 office with the party who is not stationed overseas, overseas and
line 16 present the original power of attorney duly signed by the party
line 17 stationed overseas and acknowledged by a notary or witnessed by
line 18 two officers of the United States Armed Forces. Copies in any
line 19 form, including by facsimile, are not acceptable. The power of
line 20 attorney shall state the full given names at birth, or by court order,
line 21 of the parties to be married, and that the power of attorney is solely
line 22 for the purpose of authorizing the attorney in fact to obtain a
line 23 marriage license on the person’s behalf and participate in the
line 24 solemnization of the marriage. The original power of attorney shall
line 25 be a part of the marriage certificate upon registration. The
line 26 completion of a power of attorney shall be the sole determinant
line 27 as to whether the county clerk’s office and the State Registrar will
line 28 accept the power of attorney.
line 29 (c) No A contract of marriage, if otherwise duly made, shall not
line 30 be invalidated for want of conformity to the requirements of any
line 31 religious sect.
O
2
Page 52 of 125
LEGISLATION COMMITTEE 7.
Meeting Date:05/09/2016
Subject:SB 941 (Mitchell) Juveniles
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-16
Referral Name: SB 941 (Mitchell) Juveniles
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by the County Administrator.
Referral Update:
Senate Bill (SB) 941 would eliminate a number of fiscal liabilities to parents, guardians and
minors for costs associated with a minor's involvement in the juvenile justice system and, in some
instances, comparable costs for convicted young adults under the age of 21, as specified. In
Contra Costa County, the majority of Care of Court Wards reimbursements flow through the
Probation Collections Unit now. Revenues to the County are approximately $377k YTD.
Status: 04/19/2016 From SENATE Committee on PUBLIC SAFETY: Do pass to Committee on
APPROPRIATIONS. (6-1)
Bill Analysis: 04/18/2016
Family Liability Based on Juvenile Detention or Wardship
Current law generally authorizes the board of supervisors for any county to designate a
county officer to make financial evaluations of defendants and other persons liable for
reimbursable costs under the law, as specified. (Government Code Section 27750.)
Current law provides that the county financial evaluation officer shall make financial
evaluations of parental liability[1] for reimbursements and other court-ordered costs
relating to reasonable costs of support of the minor while the minor is placed, or detained
in, or committed to, any institution, as a result of temporary detention or a delinquency
court order, legal services, probation supervision, and costs for records sealing, as
specified,[2] as directed by the board of supervisors, or as established by order of the
juvenile court, and may enforce the court order as any other civil judgment, including any
balance remaining unpaid after jurisdiction of the minor has terminated. (Government Code
Section 27765.)
Page 53 of 125
This bill would narrow the scope of this liability for these kinds of costs to apply only to
legal services rendered to the minor by an attorney pursuant to an order of the juvenile
court, any cost to the county or the court of legal services rendered directly to the father,
mother, or spouse, of the minor or any other person liable for the support of the minor, in a
dependency proceeding by an attorney appointed pursuant to an order of the juvenile court
(Welfare and Institutions Code ("WIC") Section 903.1), and, for persons age 26 and older,
the cost to the county and court for any investigation related to the sealing and for the
sealing of any juvenile court or arrest records, as specified. (WIC Section 903.3.)
Current law generally provides the authority for a county financial evaluation officer to
reduce, cancel or remit the costs of juvenile wardship, as described above; to investigate
the financial condition of the minor and his or her relatives to determine their financial
capacity to pay such charges; and to enforce a claim for reimbursement for these charges if
it is learned that property or other assets subsequently were acquired, as specified.
(Government Code Section 27757.)
This bill would amend this section to delete all of its provisions except the authority to
reduce, cancel or remit the costs associated with the legal and sealing costs described and
cited above.
Liability Based on Costs for Electronic Home Detention or County Inmate Work Furlough
Participation
Current law authorizes sheriffs, probation officers, and directors of county departments of
corrections to "offer a program under which inmates committed to a county jail or other
county correctional facility or granted probation, or inmates participating in a work furlough
program, may voluntarily participate or involuntarily be placed in a home detention
program during their sentence in lieu of confinement in the a county jail or other county
correctional facility or program under the auspices of the probation officer." (Penal Code
Section 1203.016.)
Current law provides that the "board of supervisors may prescribe a program
administrative fee to be paid by each home detention participant that shall be determined
according to his or her ability to pay. Inability to pay all or a portion of the program fees
shall not preclude participation in the program, and eligibility shall not be enhanced by
reason of ability to pay," as specified. (Penal Code Section 1203.016(g).)
This bill would limit this administrative fee to adult home detention participants who are
over the age of 21 years and under the jurisdiction of the criminal court.
Current law generally allows a county, upon approval by the board of supervisors, to
establish a work furlough program for qualifying screened offenders, and permits the work
furlough administrator to collect the inmate's earning in order to pay for the inmate's
board and personal expenses, and administrative costs. (Penal Code Section 1208.)
Current law provides that a board of supervisors which implements work furlough,
electronic home detention, or parole programs, as specified, may prescribe a program
administrative fee and an application fee, that together shall not exceed the pro rata cost
of the program to which the person is accepted, including equipment, supervision, and
other operating costs, except that with "regard to a privately operated electronic home
detention program . . . the limitation, . . . (that that these fees shall not exceed the pro
rata cost of the program to which the person is accepted) . . . in prescribing a program
administrative fee and application fee shall not apply." (Penal Code Section 1208.2(b).)
This bill would provide that with regard to an electronic home detention program, as
specified, "whether or not the program is privately operated, any administrative fee or
Page 54 of 125
application fee prescribed by a board of supervisors shall only apply to adults over 21 years
of age and under the jurisdiction of the criminal court."
Liability for the Costs of Drug Testing
Current law provides that, for persons convicted of an offense involving the unlawful
possession, use, sale, or other furnishing of any controlled substance, in addition to any
sanctions and unless the court makes a finding that this condition would not serve the
interests of justice, the court, when recommended by the probation officer, shall require as
a condition of probation that the defendant submit to drug and substance abuse testing. If
the defendant is so ordered "and has the financial ability to pay all or part of the costs
associated with that testing, the court shall order the defendant to pay a reasonable fee,
which shall not exceed the actual cost of the testing." (Penal Code Section 1203.1ab.)
This bill would limit this provision to adults over 21 years of age and under the jurisdiction
of the criminal court.
Current law imposes this same liability on minors found to be a delinquent ward of the
court by reason of the commission of an offense involving the unlawful possession, use,
sale, or other furnishing of a controlled substance. (WIC Section 729.9.)
This bill would delete the provisions subjecting the minor to a court order to pay for any
part of this testing.
Liability for Transporting a Minor Held in Temporary Custody
Current law generally provides that a minor who is held in temporary custody in a law
enforcement facility that contains a lockup for adults may be released to a parent,
guardian, or responsible relative by the law enforcement agency operating the facility, or
into his or her own custody, provided that a minor released into his or her own custody is
furnished, upon request, with transportation to his or her home or to the place where the
minor was taken into custody. (WIC Section 207.2.)
Current law provides that a parent or guardian is liable for the reasonable costs of
transporting the minor to a juvenile facility and for the costs of the minor's food, shelter,
and care at the juvenile facility when the parent or guardian has actual notice the minor is
schedule for release and that the parent or guardian is asked to pick up the minor by a
time certain no later than six hours from the time the minor was placed in detention; when
it is "reasonably possible" for the parent or guardian to pick up the minor; and the parent
or guardian refused to accept or make a reasonable effort to pick up on the minor. (WIC
Section 207.2(b).) Current law imposes a $100 cap on this liability, combined with
additional, related liabilities as specified, for every 24 hour period the parent or guardian
fails to make a reasonable effort to pick up the minor, as specified. (WIC Section 207.2 (c).
Current law further limits this liability by ability to pay, as specified. (WIC Section
207.2(d).)
This bill deletes all of the financial liability provisions of this section.
Liability for Legal Expenses
Current law provides that the "father, mother, spouse, or other person liable for the
support of a minor, the estate of that person, and the estate of the minor, shall be liable for
the cost to the county or the court, whichever entity incurred the expenses, of legal
services rendered to the minor by an attorney pursuant to an order of the juvenile court.
The father, mother, spouse, or other person liable for the support of a minor and the estate
of that person shall also be liable for any cost to the county or the court of legal services
Page 55 of 125
rendered directly to the father, mother, or spouse, of the minor or any other person liable
for the support of the minor, in a dependency proceeding by an attorney appointed
pursuant to an order of the juvenile court. The liability of those persons (in this article
called relatives) and estates shall be a joint and several liability.
Current law provides that this liability does not apply "if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing." (WIC Section 903.1)
This bill would limit this liability to apply for any cost to the county or the court of legal
services rendered directly to the father, mother, or spouse, of the minor or any other
person liable for the support of the minor, in a dependency proceeding by an attorney
appointed pursuant to an order of the juvenile court.
Conforming Amendments
This bill makes conforming amendments consistent with its provisions limiting the liabilities
as described above, in the following sections:
* Family notification of potential liabilities required in a petition to commence proceedings
in the juvenile court to declare a child a ward or dependent of the court, (WIC Section ; 332
and 656).
* Ability to pay cross-reference to a section repealed by this bill (WIC Section 871).)
Liabilities Pertaining to the Support of Wards and Dependent Children
Current law states that if "it is necessary that provision be made for the expense of support
and maintenance of a ward or dependent child of the juvenile court or of a minor person
concerning whom a petition has been filed . . . the order providing for the care and custody
of such ward, dependent child or other minor person shall direct that the whole expense of
support and maintenance of such ward, dependent child or other minor person, up to the
amount of . . . $20 per month be paid from the county treasury and may direct that an
amount up to any maximum amount per month established by the board of supervisors of
the county be so paid. The board of supervisors of each county is hereby authorized to
establish, either generally or for individual wards or dependent children or according to
classes or groups of wards or dependent children, a maximum amount which the court may
order the county to pay for such support and maintenance. All orders made pursuant to the
provisions of this section shall state the amounts to be so paid from the county treasury,
and such amounts shall constitute legal charges against the county.
This bill would revise this provision to instead authorize that the order for the care and
custody of the ward, dependent child or other minor direct that the whole expense of
support and maintenance for the child be paid for from the county treasury.
This bill additionally makes a technical correction to this section.
CalWORKS Welfare to Work
Current law generally provides statutory requirements for eligibility for an individual to
participate in "family stabilization," as specified. (WIC Section 11325.24.)
This bill would add to this criteria that a "child in the family has been held in temporary
custody in a law enforcement facility pursuant to subdivision (d) of Section 207.1."
Statutes Repealed by This Bill
Page 56 of 125
This bill additionally repeals the following existing sections providing for liability relating to
wards of the court:
* WIC section 902 (orders for additional amounts to pay the whole expense of support and
maintenance of a ward, dependent child, or other minor person);
* WIC section 903 (liability for costs of support of the minor while the minor is placed, or
detained in, or committed to, any institution or other place, as specified);
* WIC section 903.15 (liability for registration fee of up to $50 for appointed legal counsel);
* WIC section 903.2 (liability for probation supervision, home supervision, or electronic
supervision);
* WIC section 903.25 (food, shelter and care costs of juveniles in custody of probation or
detained in juvenile facility);
* WIC section 903.4 (recovery of moneys or incurred costs for support of minors in county
institution or other placed program);
* WIC section 903.45 (financial evaluation of ability to pay; subsequent petition for order
to pay);
* WIC section 903.5 (voluntary placement of minor in out-of-home care);
* WIC section 903.6 (distribution of collected funds);
* WIC section 903.7 (the "Foster Children and Parent Training Fund.") and
* WIC section 904 (determination of charges by boards of supervisors or courts).
Outstanding Court-ordered Costs Unenforceable after January 1, 2017
This bill would provide that on and after January 1, 2017, the balance of any court-ordered
costs imposed pursuant to the liabilities eliminated by this bill "shall be unenforceable and
uncollectable, and, on January 1, 2018, the portion of the judgment imposing those costs
shall be vacated."
This bill further would provide that on and after January 1, 2017, the balance of any
court-ordered costs imposed pursuant Section 903.1 of the Welfare and Institutions Code
that are related to the rendering of legal services to a minor by an attorney pursuant to an
order of the juvenile court shall be unenforceable and uncollectable, and, on January 1,
2018, the portion of the judgment imposing those costs shall be vacated."
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its
jurisdiction for any potential impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the state's ability to provide a
constitutional level of health care to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a content-neutral,
provisional measure necessary to ensure that the Legislature does not erode progress in
reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult
Page 57 of 125
institution population to 137.5% of design capacity by February 28, 2016, as follows:
* 143% of design bed capacity by June 30, 2014;
* 141.5% of design bed capacity by February 28, 2015; and,
* 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of December 9, 2015, 112,510
inmates were housed in the State's 34 adult institutions, which amounts to 136.0% of
design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current
population is 1,212 inmates below the final court-ordered population benchmark of 137.5%
of design bed capacity, and has been under that benchmark since February 2015."
(Defendants' December 2015 Status Report in Response to February 10, 2014 Order,
2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn.
omitted).) One year ago, 115,826 inmates were housed in the State's 34 adult institutions,
which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in
out-of-state facilities. (Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v.
Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must
stabilize these advances and demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently demanded" by the court.
(Opinion Re: Order Granting in Part and Denying in Part Defendants' Request For Extension
of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman
v. Brown, Plata v. Brown (2-10-14). The Committee's consideration of bills that may impact
the prison population therefore will be informed by the following questions:
* Whether a proposal erodes a measure which has contributed to reducing the prison
population;
* Whether a proposal addresses a major area of public safety or criminal activity for which
there is no other reasonable, appropriate remedy;
* Whether a proposal addresses a crime which is directly dangerous to the physical safety
of others for which there is no other reasonably appropriate sanction;
* Whether a proposal corrects a constitutional problem or legislative drafting error; and
* Whether a proposal proposes penalties which are proportionate, and cannot be achieved
through any other reasonably appropriate remedy.
COMMENTS
1. Stated Need for This Bill
The author states in part:
Current law authorizes counties to hold parents liable for many of the costs incurred in
providing counsel, care and supervision to youth in the juvenile system in order to help
counties recoup costs. . . .
. . . These fees are purely administrative in nature--by law, the fees are meant solely "to
protect the fiscal integrity of the county." They are not supposed to be retributive,
rehabilitative or restorative. . . .
Page 58 of 125
In 2015, the Policy Advocacy Clinic at Berkeley Law surveyed all 58 Chief Probation Officers
in California about juvenile administrative fee practices. They received responses from 52
counties. Fees differ by jurisdiction, but 48 of 52 California counties report charging fees
for detention in Juvenile Hall, 28 charge for electronic monitoring, 21 charge for probation
supervision and 15 charge for drug testing; of the fixed fees, 37 of 52 counties charge for
public defenders and 11 charge for investigations. . . .
Two counties--Los Angeles and San Francisco--do not assess and collect juvenile
administrative fees. San Francisco has never charged fees as a matter of principle . . . . Los
Angeles placed a moratorium on these fees in 2009 after negative media attention to the
County's billing and collection practices and the harm it caused to families. . . .
Charging existing fee amounts on families in various counties across the state can disrupt a
family's financial stability. For example, in Contra Costa County, a family was charged over
$4000 in fees for days that their son spent in juvenile hall despite the fact that he was later
cleared of all charges against him. Upon assessment, these fees became a civil judgment
against the family. . . .
Given that many families with youth in the juvenile justice system are disproportionately
low-income, the harm is particularly acute when fees are ordered against these families. . .
.
Additionally, youth of color are overrepresented at every stage in the criminal justice
system, even when controlling for alleged criminal behavior. . . . Racially disproportionate
interaction with the system leaves youth of color and their families with significantly more
court-related debt. For example, in Alameda County, because African American youth are
sentenced more often to probation and serve longer probation conditions than white youth,
a family with an African American youth is liable for more than twice the juvenile
administrative fees ($3,438) as a family with a white youth ($1,637). . . .
. . . Under Welfare and Institutions Code section 903.45, financial evaluation officers
(FEOs) are supposed to evaluate who can afford to pay such fees and whose fees should be
reduced or waived based on an inability to pay. Unfortunately, in many counties, the ability
to pay determination is not conducted fairly or consistently. For example, in Alameda
County, one FEO stated that she could tell whether a family was lying about their income
based on the mother's handbag. In Orange County, ability to pay determinations are not
based on current income; instead, the County considers the likelihood of obtaining
employment and future income. In any county, the burden often appears to be on
low-income families to prove their inability to pay, with FEOs exercising wide discretion . . .
.
As a result of the high financial burden and a flawed ability to pay process, county policies
and practices undermine family stability, and are counterproductive to the rehabilitative
purpose of the juvenile system. . . .
Current juvenile administrative fee scheme also creates perverse incentives for youth and
their families. A grandmother who was charged detention fees for her grandson
contemplated relinquishing custody of her grandson to the county because she could not
pay these fees on her income of only $400 per month. In another instance, a youth
thought of running away from home and living on the streets--becoming homeless--in the
hopes that his family would be relieved of the fee burden. . . .
Research through Public Record Act requests to Alameda County, Contra Costa County,
Orange County, Riverside County, Sacramento County, and Santa Clara County has also
shown that counties receive minimal revenue from charging low-income families
administrative fees. . . .
Page 59 of 125
. . . most (families) cannot afford to pay these fees. . . . [para] . . . (M)any counties spend
nearly as much on trying to collect administrative fees from low-income families than they
actually collect each year. For example, Alameda County has four staff in its Central
Collections Agency at varying FTE levels who are in charge of assessing and collecting fees
from families. Taking into consideration their salaries and benefits as well as other costs
involved, Alameda County spends approximately $250,000 each year to collect only
$400,000. In other words, their net financial gain each year is only about $150,000, which
is minimal in light of $74.3 million Probation budget. . . .
2. What This Bill Would Do
As explained in detail above, this bill would repeal existing statutory authority to charge the
families and guardians of children in the juvenile justice system for the costs of their care
and supervision. The bill also has similar provisions for young adults under the age of 21.
Liabilities for costs associated with a youth or young adult being in the juvenile or adult
system which would be ended under this bill include:
* supervised drug testing;
* home detention or work furlough programs that are alternatives to incarceration;
* orders for out-of-home care and custody of a minor; and
* reasonable costs for transporting a minor to a juvenile facility, and food, shelter and care
costs.
This bill would make any pending orders for these charges unenforceable after January 1,
2017.
3. Background: Data Collected
The Policy Advocacy Clinic at the U.C. Berkeley Law School, which has been studying the
practice and impact of county assessment of administrative fees against families of youth
who have been detained or placed on probation for the past two years, provided the
Committee the following chart summarizing the fees targeted by this bill in several
counties.
The following table, also provided by the Berkeley Law Policy Advocacy Clinic, shows the
average juvenile probation conditions and fees by race in Alameda County based on a July
2013 monthly report:
[1] Specifically, the father, mother, spouse, or other person liable for the support of a
minor, the estate of that person, and the estate of the minor.
[2] Sections 903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions Code.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position on SB 941 (Mitchell):
Juveniles, as recommended by the County Administrator.
Attachments
Attachment A: SB 941 bill text
Page 60 of 125
AMENDED IN SENATE APRIL 6, 2016
SENATE BILL No. 941
Introduced by Senator Mitchell
February 3, 2016
An act to amend Sections 27756 and 27757 of the Government Code,
to amend Sections 1203.016, 1203.1ab, and 1208.2 of the Penal Code,
to amend Section 19280 of the Revenue and Taxation Code, and to
amend Sections 207.2, 332, 656, 729.9, 871, 900, 903.1, and 11325.24
of, and to repeal Sections 902, 903, 903.1, 903.15, 903.2, 903.25, 903.4,
903.45, 903.47, 903.5, 903.6, 903.7, and 904 of, the Welfare and
Institutions Code, relating to juveniles.
legislative counsel’s digest
SB 941, as amended, Mitchell. Juveniles.
(1) Existing law provides that the board of supervisors of any county
may authorize the correctional administrator to offer a program under
which inmates committed to a county jail or other county correctional
facility or granted probation, or inmates participating in a work furlough
program, may voluntarily participate or involuntarily be placed in a
home detention program during their sentence in lieu of confinement
in the a county jail or other county correctional facility or program.
Existing law authorizes the board of supervisors to prescribe a program
administrative fee and an application fee for this program.
This bill would make those fees payable only by adult participants
of that home detention program. program who are over 21 years of age
and under the jurisdiction of the criminal court.
(2) Existing law provides that upon conviction of certain offenses
involving controlled substances, or upon a finding that a minor is subject
to the jurisdiction of the juvenile court by reason of committing one of
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those certain offenses, the court, when recommended by the probation
officer, shall require, as a condition of probation, that the defendant or
the minor not use or be under the influence of any controlled substance
and submit to drug and substance abuse testing as directed by the
probation officer, unless the court makes a finding that this condition
would not serve the interests of justice. Existing law requires the court
to order the defendant or the minor to pay a reasonable fee, not to exceed
the actual cost of the testing, if the defendant or the minor is required
to submit to testing and has the financial ability to pay all or part of
those costs.
This bill would authorize the court to order a defendant to pay that
reasonable fee only if the defendant is an adult. adult who is over 21
years of age and under the jurisdiction of the criminal court. The bill
would also delete the authorization to charge the minor that reasonable
fee. By increasing county costs associated with drug and substance
abuse testing, this bill would impose a state-mandated local program.
(3) Existing law requires specified orders providing for the care and
custody of a ward, dependent child, or other minor person to direct that
the whole expense of support and maintenance of the minor, up to the
amount of $20 per month, be paid from the county treasury. Existing
law authorizes the board of supervisors of each county to establish a
maximum amount that the court may order the county to pay for that
support and maintenance and authorizes the court to direct that an
amount up to that maximum amount be paid.
This bill would delete the $20 maximum on support and maintenance
payments and delete county boards of supervisors authorization to
establish a maximum amount that the court may order the county to
pay. By increasing county funding obligations, this bill would impose
a state-mandated local program.
(4) Existing law generally imposes liability on a parent, spouse, or
other person liable for the support of a minor for certain costs, including
the reasonable costs of transporting the minor to a juvenile facility and
for the costs of the minor’s food, shelter, and care at the juvenile facility
when the minor has been held in temporary custody, as specified, and
certain other circumstances are applicable; the reasonable costs of
supporting the minor when he or she is placed, detained in, committed
to, any institution or other place pursuant to specified provisions of law
or pursuant to an order of the juvenile court; the cost of the legal services
rendered to the minor by an attorney pursuant to an order of the juvenile
court; and the cost of probation supervision, home supervision, or
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electronic surveillance of the minor, pursuant to the order of the juvenile
court.
This bill would repeal these provisions. provisions and specify that,
on and after January 1, 2017, the balance of any court-ordered costs
imposed pursuant those provisions is unenforceable and uncollectable.
The bill would, on January 1, 2018, require the portion of the judgment
imposing those costs to be vacated. The bill would make other
conforming changes. By increasing county funding obligations, this
bill would impose a state-mandated local program.
(5) Existing law establishes the Foster Children and Parent Training
Fund in the State Treasury for purposes of supporting foster parent
training programs conducted by community colleges. Existing law
makes this fund inoperative after June 30, 2005, unless otherwise
specified in the annual Budget Act or in another statute.
This bill would repeal those provisions.
(6) Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states, known in California as the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program. Under the CalWORKs program, each county provides cash
assistance and other benefits to qualified low-income families and
individuals who meet specified eligibility criteria. Existing law requires,
with certain exceptions, every individual, as a condition of eligibility
for aid under the CalWORKs program, to participate in welfare-to-work
activities. Existing law authorizes a recipient to participate in family
stabilization if the county determines that his or her family is
experiencing an identified situation or crisis that is destabilizing the
family and would interfere with participation in welfare-to-work
activities and services. Existing law specifies that a situation or crisis
that is destabilizing the family may include, but is not limited to,
homelessness or imminent risk of homelessness.
This bill would also specify that a situation or crisis that is
destabilizing the family includes when a child in the family has been
held in temporary custody in a law enforcement facility, as specified.
(7) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
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 27756 of the Government Code is
line 2 amended to read:
line 3 27756. In a county where the board of supervisors has
line 4 designated a county financial evaluation officer, the county
line 5 financial evaluation officer shall make financial evaluations of
line 6 parental liability for reimbursements and other court-ordered costs
line 7 pursuant to Section Sections 903.1 and 903.3 of the Welfare and
line 8 Institutions Code, as directed by the board of supervisors, or as
line 9 established by order of the juvenile court, and may enforce the
line 10 court order as any other civil judgment, including any balance
line 11 remaining unpaid after jurisdiction of the minor has terminated.
line 12 SEC. 2. Section 27757 of the Government Code is amended
line 13 to read:
line 14 27757. Except as otherwise ordered by the juvenile court, a
line 15 county financial evaluation officer, upon satisfactory proof, may
line 16 reduce, cancel, or remit the costs and charges listed in Section
line 17 Sections 903.1 and 903.3 of the Welfare and Institutions Code, or
line 18 established by order of the juvenile court.
line 19 SEC. 3. Section 1203.016 of the Penal Code is amended to
line 20 read:
line 21 1203.016. (a) Notwithstanding any other law, the board of
line 22 supervisors of any county may authorize the correctional
line 23 administrator, as defined in subdivision (h), to offer a program
line 24 under which inmates committed to a county jail or other county
line 25 correctional facility or granted probation, or inmates participating
line 26 in a work furlough program, may voluntarily participate or
line 27 involuntarily be placed in a home detention program during their
line 28 sentence in lieu of confinement in the a county jail or other county
line 29 correctional facility or program under the auspices of the probation
line 30 officer.
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line 1 (b) The board of supervisors, in consultation with the
line 2 correctional administrator, may prescribe reasonable rules and
line 3 regulations under which a home detention program may operate.
line 4 As a condition of participation in the home detention program, the
line 5 inmate shall give his or her consent in writing to participate in the
line 6 home detention program and shall in writing agree to comply or,
line 7 for involuntary participation, the inmate shall be informed in
line 8 writing that he or she shall comply, with the rules and regulations
line 9 of the program, including, but not limited to, the following rules:
line 10 (1) The participant shall remain within the interior premises of
line 11 his or her residence during the hours designated by the correctional
line 12 administrator.
line 13 (2) The participant shall admit any person or agent designated
line 14 by the correctional administrator into his or her residence at any
line 15 time for purposes of verifying the participant’s compliance with
line 16 the conditions of his or her detention.
line 17 (3) The participant shall agree to the use of electronic
line 18 monitoring, which may include global positioning system devices
line 19 or other supervising devices for the purpose of helping to verify
line 20 his or her compliance with the rules and regulations of the home
line 21 detention program. The devices shall not be used to eavesdrop or
line 22 record any conversation, except a conversation between the
line 23 participant and the person supervising the participant which is to
line 24 be used solely for the purposes of voice identification.
line 25 (4) The participant shall agree that the correctional administrator
line 26 in charge of the county correctional facility from which the
line 27 participant was released may, without further order of the court,
line 28 immediately retake the person into custody to serve the balance
line 29 of his or her sentence if the electronic monitoring or supervising
line 30 devices are unable for any reason to properly perform their function
line 31 at the designated place of home detention, if the person fails to
line 32 remain within the place of home detention as stipulated in the
line 33 agreement, if the person willfully fails to pay fees to the provider
line 34 of electronic home detention services, as stipulated in the
line 35 agreement, subsequent to the written notification of the participant
line 36 that the payment has not been received and that return to custody
line 37 may result, or if the person for any other reason no longer meets
line 38 the established criteria under this section. A copy of the agreement
line 39 shall be delivered to the participant and a copy retained by the
line 40 correctional administrator.
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line 1 (c) Whenever the peace officer supervising a participant has
line 2 reasonable cause to believe that the participant is not complying
line 3 with the rules or conditions of the program, or that the electronic
line 4 monitoring devices are unable to function properly in the
line 5 designated place of confinement, the peace officer may, under
line 6 general or specific authorization of the correctional administrator,
line 7 and without a warrant of arrest, retake the person into custody to
line 8 complete the remainder of the original sentence.
line 9 (d) Nothing in this section shall be construed to require the
line 10 correctional administrator to allow a person to participate in this
line 11 program if it appears from the record that the person has not
line 12 satisfactorily complied with reasonable rules and regulations while
line 13 in custody. A person shall be eligible for participation in a home
line 14 detention program only if the correctional administrator concludes
line 15 that the person meets the criteria for release established under this
line 16 section and that the person’s participation is consistent with any
line 17 reasonable rules and regulations prescribed by the board of
line 18 supervisors or the administrative policy of the correctional
line 19 administrator.
line 20 (1) The rules and regulations and administrative policy of the
line 21 program shall be written and reviewed on an annual basis by the
line 22 county board of supervisors and the correctional administrator.
line 23 The rules and regulations shall be given to or made available to
line 24 any participant upon request.
line 25 (2) The correctional administrator, or his or her designee, shall
line 26 have the sole discretionary authority to permit program
line 27 participation as an alternative to physical custody. All persons
line 28 referred or recommended by the court to participate in the home
line 29 detention program pursuant to subdivision (e) who are denied
line 30 participation or all persons removed from program participation
line 31 shall be notified in writing of the specific reasons for the denial
line 32 or removal. The notice of denial or removal shall include the
line 33 participant’s appeal rights, as established by program administrative
line 34 policy.
line 35 (e) The court may recommend or refer a person to the
line 36 correctional administrator for consideration for placement in the
line 37 home detention program. The recommendation or referral of the
line 38 court shall be given great weight in the determination of acceptance
line 39 or denial. At the time of sentencing or at any time that the court
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line 1 deems it necessary, the court may restrict or deny the defendant’s
line 2 participation in a home detention program.
line 3 (f) The correctional administrator may permit home detention
line 4 program participants to seek and retain employment in the
line 5 community, attend psychological counseling sessions or
line 6 educational or vocational training classes, or seek medical and
line 7 dental assistance. Willful failure of the program participant to
line 8 return to the place of home detention not later than the expiration
line 9 of any period of time during which he or she is authorized to be
line 10 away from the place of home detention pursuant to this section
line 11 and unauthorized departures from the place of home detention are
line 12 punishable as provided in Section 4532.
line 13 (g) The board of supervisors may prescribe a program
line 14 administrative fee to be paid by each adult home detention
line 15 participant who is over 21 years of age and under the jurisdiction
line 16 of the criminal court that shall be determined according to his or
line 17 her ability to pay. Inability to pay all or a portion of the program
line 18 fees shall not preclude participation in the program, and eligibility
line 19 shall not be enhanced by reason of ability to pay. All program
line 20 administration and supervision fees shall be administered in
line 21 compliance with Section 1208.2.
line 22 (h) As used in this section, “correctional administrator” means
line 23 the sheriff, probation officer, or director of the county department
line 24 of corrections.
line 25 (i) Notwithstanding any other law, the police department of a
line 26 city where an office is located to which persons on an electronic
line 27 monitoring program report may request the county correctional
line 28 administrator to provide information concerning those persons.
line 29 This information shall be limited to the name, address, date of
line 30 birth, offense committed by the home detainee, and if available,
line 31 at the discretion of the supervising agency and solely for
line 32 investigatory purposes, current and historical GPS coordinates of
line 33 the home detainee. A law enforcement department that does not
line 34 have the primary responsibility to supervise participants in the
line 35 electronic monitoring program that receives information pursuant
line 36 to this subdivision shall not use the information to conduct
line 37 enforcement actions based on administrative violations of the home
line 38 detention program. A law enforcement department that has
line 39 knowledge that the subject in a criminal investigation is a
line 40 participant in an electronic monitoring program shall make
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line 1 reasonable efforts to notify the supervising agency prior to serving
line 2 a warrant or taking any law enforcement action against a participant
line 3 in an electronic monitoring program.
line 4 (j) It is the intent of the Legislature that home detention
line 5 programs established under this section maintain the highest public
line 6 confidence, credibility, and public safety. In the furtherance of
line 7 these standards, the following shall apply:
line 8 (1) The correctional administrator, with the approval of the
line 9 board of supervisors, may administer a home detention program
line 10 pursuant to written contracts with appropriate public or private
line 11 agencies or entities to provide specified program services. No
line 12 public or private agency or entity may operate a home detention
line 13 program in any county without a written contract with that county’s
line 14 correctional administrator. However, this does not apply to the use
line 15 of electronic monitoring by the Department of Corrections and
line 16 Rehabilitation. No public or private agency or entity entering into
line 17 a contract may itself employ any person who is in the home
line 18 detention program.
line 19 (2) Program acceptance shall not circumvent the normal booking
line 20 process for sentenced offenders. All home detention program
line 21 participants shall be supervised.
line 22 (3) (A) All privately operated home detention programs shall
line 23 be under the jurisdiction of, and subject to the terms and conditions
line 24 of the contract entered into with, the correctional administrator.
line 25 (B) Each contract shall include, but not be limited to, all of the
line 26 following:
line 27 (i) A provision whereby the private agency or entity agrees to
line 28 operate in compliance with any available standards promulgated
line 29 by state correctional agencies and bodies, including the Corrections
line 30 Standards Authority, and all statutory provisions and mandates,
line 31 state and county, as appropriate and applicable to the operation of
line 32 home detention programs and the supervision of sentenced
line 33 offenders in a home detention program.
line 34 (ii) A provision that clearly defines areas of respective
line 35 responsibility and liability of the county and the private agency or
line 36 entity.
line 37 (iii) A provision that requires the private agency or entity to
line 38 demonstrate evidence of financial responsibility, submitted and
line 39 approved by the board of supervisors, in amounts and under
line 40 conditions sufficient to fully indemnify the county for reasonably
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line 1 foreseeable public liability, including legal defense costs, that may
line 2 arise from, or be proximately caused by, acts or omissions of the
line 3 contractor. The contract shall provide for annual review by the
line 4 correctional administrator to ensure compliance with requirements
line 5 set by the board of supervisors and for adjustment of the financial
line 6 responsibility requirements if warranted by caseload changes or
line 7 other factors.
line 8 (iv) A provision that requires the private agency or entity to
line 9 provide evidence of financial responsibility, such as certificates
line 10 of insurance or copies of insurance policies, prior to commencing
line 11 any operations pursuant to the contract or at any time requested
line 12 by the board of supervisors or correctional administrator.
line 13 (v) A provision that permits the correctional administrator to
line 14 immediately terminate the contract with a private agency or entity
line 15 at any time that the contractor fails to demonstrate evidence of
line 16 financial responsibility.
line 17 (C) All privately operated home detention programs shall
line 18 comply with all appropriate, applicable ordinances and regulations
line 19 specified in subdivision (a) of Section 1208.
line 20 (D) The board of supervisors, the correctional administrator,
line 21 and the designee of the correctional administrator shall comply
line 22 with Section 1090 of the Government Code in the consideration,
line 23 making, and execution of contracts pursuant to this section.
line 24 (E) The failure of the private agency or entity to comply with
line 25 statutory provisions and requirements or with the standards
line 26 established by the contract and with the correctional administrator
line 27 may be sufficient cause to terminate the contract.
line 28 (F) Upon the discovery that a private agency or entity with
line 29 whom there is a contract is not in compliance pursuant to this
line 30 paragraph, the correctional administrator shall give 60 days’ notice
line 31 to the director of the private agency or entity that the contract may
line 32 be canceled if the specified deficiencies are not corrected.
line 33 (G) Shorter notice may be given or the contract may be canceled
line 34 without notice whenever a serious threat to public safety is present
line 35 because the private agency or entity has failed to comply with this
line 36 section.
line 37 (k) For purposes of this section, “evidence of financial
line 38 responsibility” may include, but is not limited to, certified copies
line 39 of any of the following:
line 40 (1) A current liability insurance policy.
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line 1 (2) A current errors and omissions insurance policy.
line 2 (3) A surety bond.
line 3 SEC. 4. Section 1203.1ab of the Penal Code is amended to
line 4 read:
line 5 1203.1ab. Upon conviction of any offense involving the
line 6 unlawful possession, use, sale, or other furnishing of any controlled
line 7 substance, as defined in Chapter 2 (commencing with Section
line 8 11053) of Division 10 of the Health and Safety Code, in addition
line 9 to any or all of the terms of imprisonment, fine, and other
line 10 reasonable conditions specified in or permitted by Section 1203.1,
line 11 unless it makes a finding that this condition would not serve the
line 12 interests of justice, the court, when recommended by the probation
line 13 officer, shall require as a condition of probation that the defendant
line 14 shall not use or be under the influence of any controlled substance
line 15 and shall submit to drug and substance abuse testing as directed
line 16 by the probation officer. If the defendant is an adult, adult over 21
line 17 years of age and under the jurisdiction of the criminal court, is
line 18 required to submit to testing, and has the financial ability to pay
line 19 all or part of the costs associated with that testing, the court shall
line 20 order the defendant to pay a reasonable fee, which shall not exceed
line 21 the actual cost of the testing.
line 22 SEC. 5. Section 1208.2 of the Penal Code is amended to read:
line 23 1208.2. (a) (1) This section shall apply to individuals
line 24 authorized to participate in a work furlough program pursuant to
line 25 Section 1208, or to individuals authorized to participate in an
line 26 electronic home detention program pursuant to Section 1203.016
line 27 or 1203.018, or to individuals authorized to participate in a county
line 28 parole program pursuant to Article 3.5 (commencing with Section
line 29 3074) of Chapter 8 of Title 1 of Part 3.
line 30 (2) As used in this section, as appropriate, “administrator” means
line 31 the sheriff, probation officer, director of the county department of
line 32 corrections, or county parole administrator.
line 33 (b) (1) A board of supervisors which implements programs
line 34 identified in paragraph (1) of subdivision (a), may prescribe a
line 35 program administrative fee and an application fee, that together
line 36 shall not exceed the pro rata cost of the program to which the
line 37 person is accepted, including equipment, supervision, and other
line 38 operating costs, except as provided in paragraphs (2) and (3).
line 39 (2) With regard to a privately operated electronic home detention
line 40 program pursuant to Section 1203.016 or 1203.018, the limitation,
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line 1 described in paragraph (1), in prescribing a program administrative
line 2 fee and application fee shall not apply.
line 3 (3) With regard to an electronic home detention program
line 4 operated pursuant Section 1203.016, whether or not the program
line 5 is privately operated, any administrative fee or application fee
line 6 prescribed by a board of supervisors shall not apply to minors
line 7 participating in the program. only apply to adults over 21 years of
line 8 age and under the jurisdiction of the criminal court.
line 9 (c) The correctional administrator, or his or her designee, shall
line 10 not have access to a person’s financial data prior to granting or
line 11 denying a person’s participation in, or assigning a person to, any
line 12 of the programs governed by this section.
line 13 (d) The correctional administrator, or his or her designee, shall
line 14 not consider a person’s ability or inability to pay all or a portion
line 15 of the program fee for the purposes of granting or denying a
line 16 person’s participation in, or assigning a person to, any of the
line 17 programs governed by this section.
line 18 (e) For purposes of this section, “ability to pay” means the
line 19 overall capability of the person to reimburse the costs, or a portion
line 20 of the costs, of providing supervision and shall include, but shall
line 21 not be limited to, consideration of all of the following factors:
line 22 (1) Present financial position.
line 23 (2) Reasonably discernible future financial position. In no event
line 24 shall the administrator, or his or her designee, consider a period
line 25 of more than six months from the date of acceptance into the
line 26 program for purposes of determining reasonably discernible future
line 27 financial position.
line 28 (3) Likelihood that the person shall be able to obtain
line 29 employment within the six-month period from the date of
line 30 acceptance into the program.
line 31 (4) Any other factor that may bear upon the person’s financial
line 32 capability to reimburse the county for the fees fixed pursuant to
line 33 subdivision (b).
line 34 (f) The administrator, or his or her designee, may charge a
line 35 person the fee set by the board of supervisors or any portion of the
line 36 fee and may determine the method and frequency of payment. Any
line 37 fee the administrator, or his or her designee, charges pursuant to
line 38 this section shall not in any case be in excess of the fee set by the
line 39 board of supervisors and shall be based on the person’s ability to
line 40 pay. The administrator, or his or her designee, shall have the option
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line 1 to waive the fees for program supervision when deemed necessary,
line 2 justified, or in the interests of justice. The fees charged for program
line 3 supervision may be modified or waived at any time based on the
line 4 changing financial position of the person. All fees paid by persons
line 5 for program supervision shall be deposited into the general fund
line 6 of the county.
line 7 (g) No person shall be denied consideration for, or be removed
line 8 from, participation in any of the programs to which this section
line 9 applies because of an inability to pay all or a portion of the program
line 10 supervision fees. At any time during a person’s sentence, the person
line 11 may request that the administrator, or his or her designee, modify
line 12 or suspend the payment of fees on the grounds of a change in
line 13 circumstances with regard to the person’s ability to pay.
line 14 (h) If the person and the administrator, or his or her designee,
line 15 are unable to come to an agreement regarding the person’s ability
line 16 to pay, or the amount which is to be paid, or the method and
line 17 frequency with which payment is to be made, the administrator,
line 18 or his or her designee, shall advise the appropriate court of the fact
line 19 that the person and administrator, or his or her designee, have not
line 20 been able to reach agreement and the court shall then resolve the
line 21 disagreement by determining the person’s ability to pay, the amount
line 22 which is to be paid, and the method and frequency with which
line 23 payment is to be made.
line 24 (i) At the time a person is approved for any of the programs to
line 25 which this section applies, the administrator, or his or her designee,
line 26 shall furnish the person a written statement of the person’s rights
line 27 in regard to the program for which the person has been approved,
line 28 including, but not limited to, both of the following:
line 29 (1) The fact that the person cannot be denied consideration for
line 30 or removed from participation in the program because of an
line 31 inability to pay.
line 32 (2) The fact that if the person is unable to reach agreement with
line 33 the administrator, or his or her designee, regarding the person’s
line 34 ability to pay, the amount which is to be paid, or the manner and
line 35 frequency with which payment is to be made, that the matter shall
line 36 be referred to the court to resolve the differences.
line 37 (j) In all circumstances where a county board of supervisors has
line 38 approved a program administrator, as described in Section
line 39 1203.016, 1203.018, or 1208, to enter into a contract with a private
line 40 agency or entity to provide specified program services, the program
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line 1 administrator shall ensure that the provisions of this section are
line 2 contained within any contractual agreement for this purpose. All
line 3 privately operated home detention programs shall comply with all
line 4 appropriate, applicable ordinances and regulations specified in
line 5 subdivision (a) of Section 1208.
line 6 SEC. 6. Section 19280 of the Revenue and Taxation Code is
line 7 amended to read:
line 8 19280. (a) (1) Fines, state or local penalties, bail, forfeitures,
line 9 restitution fines, restitution orders, or any other amounts imposed
line 10 by a juvenile or superior court of the State of California upon a
line 11 person or any other entity that are due and payable in an amount
line 12 totaling no less than one hundred dollars ($100), in the aggregate,
line 13 for criminal offenses, including all offenses involving a violation
line 14 of the Vehicle Code, may, no sooner than 90 days after payment
line 15 of that amount becomes delinquent, be referred by the juvenile or
line 16 superior court, the county, or the state to the Franchise Tax Board
line 17 for collection under guidelines prescribed by the Franchise Tax
line 18 Board. Unless the victim of the crime notifies the Department of
line 19 Corrections and Rehabilitation or county to the contrary, the
line 20 Department of Corrections and Rehabilitation or county may refer
line 21 a restitution order to the Franchise Tax Board, in accordance with
line 22 subparagraph (B) of paragraph (2), for any person subject to the
line 23 restitution order who is or has been under the jurisdiction of the
line 24 Department of Corrections and Rehabilitation or county.
line 25 (2) For purposes of this subdivision:
line 26 (A) The amounts referred by the juvenile or superior court, the
line 27 county, or the state under this section may include an administrative
line 28 fee and any amounts that a government entity may add to the
line 29 court-imposed obligation as a result of the underlying offense,
line 30 trial, or conviction. For purposes of this article, those amounts
line 31 shall be deemed to be imposed by the court.
line 32 (B) Restitution orders may be referred to the Franchise Tax
line 33 Board only by a government entity, as agreed upon by the
line 34 Franchise Tax Board, provided that all of the following apply:
line 35 (i) The government entity has the authority to collect on behalf
line 36 of the state or the victim.
line 37 (ii) The government entity shall be responsible for distributing
line 38 the restitution order collections, as appropriate.
line 39 (iii) The government entity shall ensure, in making the referrals
line 40 and distributions, that it coordinates with any other related
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line 1 collection activities that may occur by superior courts, counties,
line 2 or other state agencies.
line 3 (iv) The government entity shall ensure compliance with laws
line 4 relating to the reimbursement of the State Restitution Fund.
line 5 (C) The Franchise Tax Board shall establish criteria for referral
line 6 that shall include setting forth a minimum dollar amount subject
line 7 to referral and collection.
line 8 (b) The Franchise Tax Board, in conjunction with the Judicial
line 9 Council, shall seek whatever additional resources are needed to
line 10 accept referrals from all 58 counties or superior courts.
line 11 (c) Upon written notice to the debtor from the Franchise Tax
line 12 Board, any amount referred to the Franchise Tax Board under
line 13 subdivision (a) and any interest thereon, including any interest on
line 14 the amount referred under subdivision (a) that accrued prior to the
line 15 date of referral, shall be treated as final and due and payable to the
line 16 State of California, and shall be collected from the debtor by the
line 17 Franchise Tax Board in any manner authorized under the law for
line 18 collection of a delinquent personal income tax liability, including,
line 19 but not limited to, issuance of an order and levy under Article 4
line 20 (commencing with Section 706.070) of Chapter 5 of Division 2
line 21 of Title 9 of Part 2 of the Code of Civil Procedure in the manner
line 22 provided for earnings withholding orders for taxes.
line 23 (d) (1) Part 10 (commencing with Section 17001), this part,
line 24 Part 10.7 (commencing with Section 21001), and Part 11
line 25 (commencing with Section 23001) shall apply to amounts referred
line 26 under this article in the same manner and with the same force and
line 27 effect and to the full extent as if the language of those laws had
line 28 been incorporated in full into this article, except to the extent that
line 29 any provision is either inconsistent with this article or is not
line 30 relevant to this article.
line 31 (2) Any information, information sources, or enforcement
line 32 remedies and capabilities available to the court or the state referring
line 33 to the amount due described in subdivision (a) shall be available
line 34 to the Franchise Tax Board to be used in conjunction with, or
line 35 independent of, the information, information sources, or remedies
line 36 and capabilities available to the Franchise Tax Board for purposes
line 37 of administering Part 10 (commencing with Section 17001), this
line 38 part, Part 10.7 (commencing with Section 21001), or Part 11
line 39 (commencing with Section 23001).
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line 1 (e) The activities required to implement and administer this part
line 2 shall not interfere with the primary mission of the Franchise Tax
line 3 Board to administer Part 10 (commencing with Section 17001)
line 4 and Part 11 (commencing with Section 23001).
line 5 (f) For amounts referred for collection under subdivision (a),
line 6 interest shall accrue at the greater of the rate applicable to the
line 7 amount due being collected or the rate provided under Section
line 8 19521. When notice of the amount due includes interest and is
line 9 mailed to the debtor and the amount is paid within 15 days after
line 10 the date of notice, interest shall not be imposed for the period after
line 11 the date of notice.
line 12 (g) A collection under this article is not a payment of income
line 13 taxes imposed under Part 10 (commencing with Section 17001)
line 14 or Part 11 (commencing with Section 23001).
line 15 SEC. 7.
line 16 SEC. 6. Section 207.2 of the Welfare and Institutions Code is
line 17 amended to read:
line 18 207.2. A minor who is held in temporary custody in a law
line 19 enforcement facility that contains a lockup for adults pursuant to
line 20 subdivision (d) of Section 207.1 may be released to a parent,
line 21 guardian, or responsible relative by the law enforcement agency
line 22 operating the facility, or may at the discretion of the law
line 23 enforcement agency be released into his or her own custody,
line 24 provided that a minor released into his or her own custody is
line 25 furnished, upon request, with transportation to his or her home or
line 26 to the place where the minor was taken into custody.
line 27 SEC. 8.
line 28 SEC. 7. Section 332 of the Welfare and Institutions Code is
line 29 amended to read:
line 30 332. A petition to commence proceedings in the juvenile court
line 31 to declare a child a ward or a dependent child of the court shall be
line 32 verified and shall contain all of the following:
line 33 (a) The name of the court to which it is addressed.
line 34 (b) The title of the proceeding.
line 35 (c) The code section and the subdivision under which the
line 36 proceedings are instituted. If it is alleged that the child is a person
line 37 described by subdivision (e) of Section 300, the petition shall
line 38 include an allegation pursuant to that section.
line 39 (d) The name, age, and address, if any, of the child upon whose
line 40 behalf the petition is brought.
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line 1 (e) The names and residence addresses, if known to the
line 2 petitioner, of both parents and any guardian of the child. If there
line 3 is no parent or guardian residing within the state, or if his or her
line 4 place of residence is not known to the petitioner, the petition shall
line 5 also contain the name and residence address, if known, of any
line 6 adult relative residing within the county, or, if there is none, the
line 7 adult relative residing nearest to the location of the court. If it is
line 8 known to the petitioner that one of the parents is a victim of
line 9 domestic violence and that parent is currently living separately
line 10 from the batterer-parent, the address of the victim-parent shall
line 11 remain confidential.
line 12 (f) A concise statement of facts, separately stated, to support
line 13 the conclusion that the child upon whose behalf the petition is
line 14 being brought is a person within the definition of each of the
line 15 sections and subdivisions under which the proceedings are being
line 16 instituted.
line 17 (g) The fact that the child upon whose behalf the petition is
line 18 brought is detained in custody or is not detained in custody, and
line 19 if he or she is detained in custody, the date and the precise time
line 20 the child was taken into custody.
line 21 (h) A notice to the father, mother, spouse, or other person liable
line 22 for support of the child stating that Section 903.1 makes that
line 23 person, the estate of that person, and the estate of the child liable
line 24 for the cost to the county of legal services rendered to the child or
line 25 the parent by a private attorney or a public defender appointed
line 26 pursuant to the order of the juvenile court and that the liability
line 27 established by Section 903.1 is joint and several.
line 28 SEC. 9.
line 29 SEC. 8. Section 656 of the Welfare and Institutions Code is
line 30 amended to read:
line 31 656. A petition to commence proceedings in the juvenile court
line 32 to declare a minor a ward of the court shall be verified and shall
line 33 contain all of the following:
line 34 (a) The name of the court to which it is addressed.
line 35 (b) The title of the proceeding.
line 36 (c) The code section and subdivision under which the
line 37 proceedings are instituted.
line 38 (d) The name, age, and address, if any, of the minor upon whose
line 39 behalf the petition is brought.
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line 1 (e) The names and residence addresses, if known to the
line 2 petitioner, of both of the parents and any guardian of the minor.
line 3 If there is no parent or guardian residing within the state, or if his
line 4 or her place of residence is not known to the petitioner, the petition
line 5 shall also contain the name and residence address, if known, of
line 6 any adult relative residing within the county, or, if there are none,
line 7 the adult relative residing nearest to the location of the court.
line 8 (f) A concise statement of facts, separately stated, to support
line 9 the conclusion that the minor upon whose behalf the petition is
line 10 being brought is a person within the definition of each of the
line 11 sections and subdivisions under which the proceedings are being
line 12 instituted.
line 13 (g) The fact that the minor upon whose behalf the petition is
line 14 brought is detained in custody or is not detained in custody, and
line 15 if he or she is detained in custody, the date and the precise time
line 16 the minor was taken into custody.
line 17 (h) A notice to the father, mother, spouse, or other person liable
line 18 for support of the minor child stating that Section 903.1 may make
line 19 that person, the estate of that person, and the estate of the minor
line 20 child liable for the cost to the county of legal services rendered to
line 21 the minor by a private attorney or a public defender appointed
line 22 pursuant to the order of the juvenile court and that the liability
line 23 established by Section 903.1 is joint and several.
line 24 (h)
line 25 (i) In a proceeding alleging that the minor comes within Section
line 26 601, notice to the parent, guardian, or other person having control
line 27 or charge of the minor that failure to comply with the compulsory
line 28 school attendance laws is an infraction, which may be charged and
line 29 prosecuted before the juvenile court judge sitting as a superior
line 30 court judge. In those cases, the petition shall also include notice
line 31 that the parent, guardian, or other person having control or charge
line 32 of the minor has the right to a hearing on the infraction before a
line 33 judge different than the judge who has heard or is to hear the
line 34 proceeding pursuant to Section 601. The notice shall explain the
line 35 provisions of Section 170.6 of the Code of Civil Procedure.
line 36 (i)
line 37 (j) If a proceeding is pending against a minor child for a
line 38 violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal
line 39 Code, a notice to the parent or legal guardian of the minor that if
line 40 the minor is found to have violated either or both of these
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line 1 provisions that (1) any community service which may be required
line 2 of the minor may be performed in the presence, and under the
line 3 direct supervision, of the parent or legal guardian pursuant to either
line 4 or both of these provisions, and (2) if the minor is personally unable
line 5 to pay any fine levied for the violation of either or both of these
line 6 provisions, that the parent or legal guardian of the minor shall be
line 7 liable for payment of the fine pursuant to those sections.
line 8 (j)
line 9 (k) A notice to the parent or guardian of the minor that if the
line 10 minor is ordered to make restitution to the victim pursuant to
line 11 Section 729.6, as operative on or before August 2, 1995, Section
line 12 731.1, as operative on or before August 2, 1995, or Section 730.6,
line 13 or to pay fines or penalty assessments, the parent or guardian may
line 14 be liable for the payment of restitution, fines, or penalty
line 15 assessments.
line 16 SEC. 10.
line 17 SEC. 9. Section 729.9 of the Welfare and Institutions Code is
line 18 amended to read:
line 19 729.9. If a minor is found to be a person described in Section
line 20 602 by reason of the commission of an offense involving the
line 21 unlawful possession, use, sale, or other furnishing of a controlled
line 22 substance, as defined in Chapter 2 (commencing with Section
line 23 11053) of Division 10 of the Health and Safety Code, and, unless
line 24 it makes a finding that this condition would not serve the interests
line 25 of justice, the court, when recommended by the probation officer,
line 26 shall require, as a condition of probation, in addition to any other
line 27 disposition authorized by law, that the minor shall not use or be
line 28 under the influence of any controlled substance and shall submit
line 29 to drug and substance abuse testing as directed by the probation
line 30 officer.
line 31 SEC. 11.
line 32 SEC. 10. Section 871 of the Welfare and Institutions Code is
line 33 amended to read:
line 34 871. (a) Any person under the custody of a probation officer
line 35 or any peace officer in a county juvenile hall, or committed to a
line 36 county juvenile ranch, camp, forestry camp, or regional facility,
line 37 who escapes or attempts to escape from the institution or facility
line 38 in which he or she is confined, who escapes or attempts to escape
line 39 while being conveyed to or from such an institution or facility, or
line 40 who escapes or attempts to escape while outside or away from
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line 1 such an institution or facility while under the custody of a probation
line 2 officer or any peace officer, is guilty of a misdemeanor, punishable
line 3 by imprisonment in the a county jail not exceeding one year.
line 4 (b) Any person who commits any of the acts described in
line 5 subdivision (a) by use of force or violence shall be punished by
line 6 imprisonment in a county jail for not more than one year or by
line 7 imprisonment in the state prison.
line 8 (c) The willful failure of a person under the custody of a
line 9 probation officer or any peace officer in a county juvenile hall, or
line 10 committed to a county juvenile ranch camp, or forestry camp, to
line 11 return to the county juvenile hall, ranch, camp, or forestry camp
line 12 at the prescribed time while outside or away from the county
line 13 facility on furlough or temporary release constitutes an escape
line 14 punishable as provided in subdivision (a). However, a willful
line 15 failure to return at the prescribed time shall not be considered an
line 16 escape if the failure to return was reasonable under the
line 17 circumstances.
line 18 (d) A minor who, while under the supervision of a probation
line 19 officer, removes his or her electronic monitor without authority
line 20 and who, for more than 48 hours, violates the terms and conditions
line 21 of his or her probation relating to the proper use of the electronic
line 22 monitor shall be guilty of a misdemeanor. If an electronic monitor
line 23 is damaged or discarded while in the possession of the minor,
line 24 restitution for the cost of replacing the unit may be ordered as part
line 25 of the punishment.
line 26 (e) The liability established by this section shall be limited by
line 27 the financial ability of the person or persons ordered to pay
line 28 restitution under this section, who shall, upon request, be entitled
line 29 to an evaluation and determination of ability to pay.
line 30 (f) For purposes of this section, “regional facility” means any
line 31 facility used by one or more public entities for the confinement of
line 32 juveniles for more than 24 hours.
line 33 SEC. 12.
line 34 SEC. 11. Section 900 of the Welfare and Institutions Code is
line 35 amended to read:
line 36 900. (a) If it is necessary that provision be made for the
line 37 expense of support and maintenance of a ward or dependent child
line 38 of the juvenile court or of a minor person concerning whom a
line 39 petition has been filed in accordance with the provisions of this
line 40 chapter, the order providing for the care and custody of such the
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line 1 ward, dependent child child, or other minor person shall direct that
line 2 the whole expense of support and maintenance of such the ward,
line 3 dependent child child, or other minor person be paid from the
line 4 county treasury. All orders made pursuant to the provisions of this
line 5 section shall state the amounts to be so paid from the county
line 6 treasury, and such those amounts shall constitute legal charges
line 7 against the county.
line 8 (b) This section is applicable to a minor who is the subject of a
line 9 program of supervision undertaken by the probation department
line 10 pursuant to Section 301 or 654 and who is temporarily placed out
line 11 of his or her home by the probation department, with the approval
line 12 of the court and the minor’s parent or guardian, for a period not
line 13 to exceed seven days.
line 14 SEC. 13.
line 15 SEC. 12. Section 902 of the Welfare and Institutions Code is
line 16 repealed.
line 17 SEC. 14.
line 18 SEC. 13. Section 903 of the Welfare and Institutions Code is
line 19 repealed.
line 20 SEC. 15. Section 903.1 of the Welfare and Institutions Code
line 21 is repealed.
line 22 SEC. 14. Section 903.1 of the Welfare and Institutions Code
line 23 is amended to read:
line 24 903.1. (a) The father, mother, spouse, or other person liable
line 25 for the support of a minor, the estate of that person, and the estate
line 26 of the minor, shall be liable for the cost to the county or the court,
line 27 whichever entity incurred the expenses, of legal services rendered
line 28 to the minor by an attorney pursuant to an order of the juvenile
line 29 court. The
line 30 903.1. (a) The father, mother, spouse, or other person liable
line 31 for the support of a minor and the estate of that person shall also
line 32 be liable for any cost to the county or the court of legal services
line 33 rendered directly to the father, mother, or spouse, of the minor or
line 34 any other person liable for the support of the minor, in a
line 35 dependency proceeding by an attorney appointed pursuant to an
line 36 order of the juvenile court. The liability of those persons (in this
line 37 article called relatives) and estates shall be a joint and several
line 38 liability. several.
line 39 (b) Notwithstanding subdivision (a), the father, mother, spouse,
line 40 or other person liable for the support of the minor, the estate of
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line 1 that person, or the estate of the minor, shall not be liable for the
line 2 costs of any of the legal services provided to any person described
line 3 in this section if a petition to declare the minor a dependent child
line 4 of the court pursuant to Section 300 is dismissed at or before the
line 5 jurisdictional hearing.
line 6 (c) Fees received pursuant to this section shall be transmitted
line 7 to the Administrative Office of the Courts in the same manner as
line 8 prescribed in Section 68085.1 of the Government Code. The
line 9 Administrative Office of the Courts shall deposit the fees received
line 10 pursuant to this section into the Trial Court Trust Fund.
line 11 SEC. 16.
line 12 SEC. 15. Section 903.15 of the Welfare and Institutions Code
line 13 is repealed.
line 14 SEC. 17.
line 15 SEC. 16. Section 903.2 of the Welfare and Institutions Code
line 16 is repealed.
line 17 SEC. 18.
line 18 SEC. 17. Section 903.25 of the Welfare and Institutions Code
line 19 is repealed.
line 20 SEC. 19.
line 21 SEC. 18. Section 903.4 of the Welfare and Institutions Code
line 22 is repealed.
line 23 SEC. 20.
line 24 SEC. 19. Section 903.45 of the Welfare and Institutions Code
line 25 is repealed.
line 26 SEC. 21. Section 903.47 of the Welfare and Institutions Code
line 27 is repealed.
line 28 SEC. 22.
line 29 SEC. 20. Section 903.5 of the Welfare and Institutions Code
line 30 is repealed.
line 31 SEC. 23.
line 32 SEC. 21. Section 903.6 of the Welfare and Institutions Code
line 33 is repealed.
line 34 SEC. 24.
line 35 SEC. 22. Section 903.7 of the Welfare and Institutions Code
line 36 is repealed.
line 37 SEC. 25.
line 38 SEC. 23. Section 904 of the Welfare and Institutions Code is
line 39 repealed.
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line 1 SEC. 26.
line 2 SEC. 24. Section 11325.24 of the Welfare and Institutions
line 3 Code is amended to read:
line 4 11325.24. (a) If, in the course of appraisal pursuant to Section
line 5 11325.2 or at any point during an individual’s participation in
line 6 welfare-to-work activities in accordance with paragraph (1) of
line 7 subdivision (a) of Section 11322.85, it is determined that a recipient
line 8 meets the criteria described in subdivision (b), the recipient is
line 9 eligible to participate in family stabilization.
line 10 (b) (1) A recipient is eligible to participate in family
line 11 stabilization if the county determines that his or her family is
line 12 experiencing an identified situation or crisis that is destabilizing
line 13 the family and would interfere with participation in welfare-to-work
line 14 activities and services.
line 15 (2) A situation or a crisis that is destabilizing the family in
line 16 accordance with paragraph (1) may include, but shall not be limited
line 17 to:
line 18 (A) Homelessness or imminent risk of homelessness.
line 19 (B) A lack of safety due to domestic violence.
line 20 (C) Untreated or undertreated behavioral needs, including mental
line 21 health or substance abuse-related needs.
line 22 (D) A child in the family has been held in temporary custody
line 23 in a law enforcement facility pursuant to subdivision (d) of Section
line 24 207.1.
line 25 (c) Family stabilization shall include intensive case management
line 26 and services designed to support the family in overcoming the
line 27 situation or crisis, which may include, but are not limited to,
line 28 welfare-to-work activities.
line 29 (d) Funds allocated for family stabilization in accordance with
line 30 this section shall be in addition to, and independent of, the county
line 31 allocations made pursuant to Section 15204.2.
line 32 (e) Funds allocated for family stabilization in accordance with
line 33 this section, or the county allocations made pursuant to Section
line 34 15204.2, may be used to provide housing and other needed services
line 35 to a family during any month that a family is participating in family
line 36 stabilization.
line 37 (f) Each county shall submit to the department a plan, as defined
line 38 by the department, regarding how it intends to implement the
line 39 provisions of this section and shall report information to the
line 40 department, including, but not limited to, the number of recipients
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line 1 served pursuant to this section, information regarding the services
line 2 provided, outcomes for the families served, and any lack of
line 3 availability of services. The department shall provide an update
line 4 regarding this information to the Legislature during the 2014–15
line 5 budget process.
line 6 (g) It is the intent of the Legislature that family stabilization be
line 7 a voluntary component intended to provide needed services and
line 8 constructive interventions for parents and to assist in barrier
line 9 removal for families facing very difficult needs. Participants in
line 10 family stabilization are encouraged to participate, but the
line 11 Legislature does not intend that parents be sanctioned as part of
line 12 their experience in this program component. The Legislature further
line 13 intends that recipients refusing or unable to follow their family
line 14 stabilization plans without good cause be returned to the traditional
line 15 welfare-to-work program.
line 16 SEC. 25. (a) On and after January 1, 2017, the balance of any
line 17 court-ordered costs imposed pursuant Section 903, 903.15, 903.2,
line 18 903.25, 903.4, 903.5, 903.6, or 903.7 of the Welfare and
line 19 Institutions Code, shall be unenforceable and uncollectable, and,
line 20 on January 1, 2018, the portion of the judgment imposing those
line 21 costs shall be vacated.
line 22 (b) On and after January 1, 2017, the balance of any
line 23 court-ordered costs imposed pursuant Section 903.1 of the Welfare
line 24 and Institutions Code that are related to the rendering of legal
line 25 services to a minor by an attorney pursuant to an order of the
line 26 juvenile court shall be unenforceable and uncollectable, and, on
line 27 January 1, 2018, the portion of the judgment imposing those costs
line 28 shall be vacated.
line 29 SEC. 27.
line 30 SEC. 26. With regard to certain costs, to the extent that this
line 31 act has an overall effect of increasing the costs already borne by
line 32 a local agency for programs or levels of service mandated by the
line 33 2011 Realignment Legislation within the meaning of Section 36
line 34 of Article XIII of the California Constitution, it shall apply to local
line 35 agencies only to the extent that the state provides annual funding
line 36 for the cost increase. Any new program or higher level of service
line 37 provided by a local agency pursuant to this act above the level for
line 38 which funding has been provided shall not require a subvention
line 39 of funds by the state nor otherwise be subject to Section 6 of Article
line 40 XIII B of the California Constitution.
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line 1 However, if the Commission on State Mandates determines that
line 2 this act contains other costs mandated by the state, reimbursement
line 3 to local agencies and school districts for those costs shall be made
line 4 pursuant to Part 7 (commencing with Section 17500) of Division
line 5 4 of Title 2 of the Government Code.
O
24
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LEGISLATION COMMITTEE 8.
Meeting Date:05/09/2016
Subject:SB 1170 (Wieckowski) Public Contracts: Water Pollution Prevention Plans
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-17
Referral Name: SB 1170 (Wieckowski) Public Contracts: Water Pollution Prevention Plans
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by Public Works Director Julie Bueren.
Referral Update:
Senate Bill (SB) 1170 would prohibit a public entity, charter city, or charter county from
delegating to a contractor the development of a plan to prevent or reduce water pollution or runoff
on a public works contract, or to assume responsibility for the completeness and accuracy of a
plan developed by that entity.
Status: Pending, Senate APPROPRIATIONS.
Bill Analysis - 04/18/2016 - Senate Environmental Quality Committee
Existing law:
1) Under the federal Clean Water Act and the state Porter-Cologne Water Quality Control
Act:
a) Charges the State Water Resources Control Board (SWRCB) with the regulation and
protection of water quality.
b) Prohibits the discharge of pollutants to surface waters unless the discharger obtains a
permit from SWRCB.
c) Establishes the National Pollutant Discharge Elimination System (NPDES) permit program
requiring the SWRCB and the nine California regional water quality control boards to
prescribe waste discharge requirements which, among other things, regulate the discharge
of pollutants in stormwater associated with construction activity to waters of the United
States from construction sites that disturb one or more acres of land surface, or that are
part of a common plan of development or sale that disturb more than one acre of land
surface.
2) Prohibits a local public entity, charter city, or charter county from requiring a bidder on a
Page 85 of 125
2) Prohibits a local public entity, charter city, or charter county from requiring a bidder on a
public works contract to assume responsibility for the completeness and accuracy of
architectural or engineering plans and specifications on public works projects, except as
specified.
This bill:
1) Prohibits a public entity, charter city, or charter county from delegating to a contractor
the development of a plan, as defined, used to prevent or reduce water pollution or runoff
on a public works contract, except as provided.
2) Prohibits a public entity, charter city, or charter county from requiring a contractor on a
public works contract that includes compliance with a plan to assume responsibility for the
completeness and accuracy of a plan developed by that entity.
3) Provide that these prohibitions do not apply to contracts that use:
a) Design-build.
b) Best value.
c) Construction manager at-risk contracts where the construction manager is authorized to
retain a plan developer for the project owners.
Background
1) Stormwater Pollution Prevention Plans (SWPPP). Public and private owners of
construction projects that disturb one or more acres of land must comply with the NPDES
Permit (Permit), which regulates the discharge of stormwater and non-stormwater (such as
improper dumping, spills, or leakage from storage tanks) from certain construction
activities and is enforced by SWRCB's nine Regional Water Quality Control Boards (regional
boards). The Permit requires, among other things, the development of an SWPPP that
demonstrates compliance with the Permit. An SWPPP is a comprehensive, detailed,
site-specific, written document that:
a) Identifies potential sources of stormwater pollution on a construction site;
b) Describes stormwater control measures and Best Management Practices (BMPs) that will
be used to reduce or eliminate pollutants in stormwater discharges from the project site,
and
c) Identifies the procedures the operator of the project site will implement to comply with
the terms and conditions of the Permit.
A project's SWPPP may be developed by the project owner or prepared by a contractor's
SWPPP developer. The Permit requires SWPPPs to be prepared and certified by a Qualified
SWPPP Developer (QSD), who must be a registered engineer or other licensed professional.
Many other SWPPP tasks (such as site inspections) must be conducted directly by, or under
the supervision of, a QSD or Qualified SWPPP Practitioner (QSP), who must also be
certified. There are extensive qualification and training requirements for both the QSD and
QSP.
Typically, the owner of the construction site is designated the "discharger" from the site
and is therefore the "Legally Responsible Person" under the Permit.
Consequently, the party required to ensure compliance with the terms of the Permit is the
property owner, not the contractor. There are serious potential costs for failure to comply
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with the Permit.
Any person who violates a condition of the Permit is subject to a civil penalty, which could
be as high as $37,500 per calendar day of a violation, plus sanctions provided by the Clean
Water Act.
2) Public Contracting. The Public Contract Code spells out requirements for public entities
when contracting for public works projects. The Local Agency Public Construction Act
requires local officials to invite bids for construction projects and then award contracts to
the lowest responsible bidder. This design-bid-build method is the traditional, and most
widely-used, approach to public works construction. However, over the last two decades,
legislators have gradually expanded local governments' authority to procure construction
projects using various alternatives to the design-bid-build project delivery method,
including "design-build," "construction manager at risk," and "best value" contracting. Chief
among the potential benefits of these methods is that they transfer some of the risk
associated with the construction from the public entity to the contractor.
State law also controls some aspects of project design and execution. The Professional
Engineers Act requires, among other things, engineering and architectural plans to be
developed by licensed engineers or architects. Title 12 of the Civil Code (commencing with
Section 2772) governs indemnity generally and provides that a contract requiring
indemnification of a public agency for that agency's willful misconduct or sole negligence is
void. However, Title 12 also provides that parties to a contract, including a public agency,
may negotiate liability among themselves for design defects and any other liability relating
to the contract. Finally, the Public Contract Code disallows public entities from requiring
bidders to assume responsibility for the completeness and accuracy of the designs for
public works projects, except on clearly designated design-build projects.
Many public entities require contractors to include in their bids the cost of preparing and
implementing SWPPPs, and have begun requiring contract provisions that indemnify the
public entity against penalties associated with violations of the Permit and prohibit change
orders associated with SWPPPs. In addition, construction costs in California declined sharply
for several years beginning in 2007, creating intense competition for projects among
contractors, reducing margins. Some contractors want to restrict the ability of public
agencies to require contractors to prepare SWPPPs as part of a public works contract.
Contractors work on multiple construction projects over time, or even simultaneously.
Accordingly, many develop preexisting relationships with QSDs or employ them within their
own organization. Some larger public agencies may also retain their own QSDs, but it
doesn't make sense for smaller ones that rarely build new public works to do the same. SB
1170 allows local agencies to contract separately with an engineer or architect for an
SWPPP, but this simply puts a public agency in the position of being the general contractor
for the project--requiring experience and relationships which smaller agencies may not
have. Moreover, SWPPPs are ever-changing documents. Construction projects frequently
change in response to unforeseen circumstances or issues with the site, and the SWPPP
must be revised to reflect those changes. Contractors who are actually performing work on
a site are in the best position to know when the plan must be modified. Requiring the
contractor to develop and maintain the SWPPP--and ensuring that the contractor bears the
risk of violating the Permit--sets up the right incentives for the people performing the work
to ensure that the SWPPP effectively protects water quality. SB 1170 would remove these
incentives and increase the burden on unprepared local agencies, potentially resulting in
illegal pollutant discharges, fines to the state and local governments, and water quality
problems.
Comments
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1) Purpose of Bill. According to the author, this bill "ensures that adequate resources are
allocated to the pollution prevention planning process by clarifying that public owners are
responsible for the preparation of SWPPPs required on public works projects. This bill
prohibits public owners from delegating responsibility to contractors for SWPPP design."
The author further argues that "the bill clarifies existing law which requires licensed design
professionals to create engineering and architectural plans." The author states that existing
law already bars public owners from making contractors assume responsibility for the
design of stormwater plans.
The author asserts that this bill "clarifies the intent of the permit designation of project
owners as the Legally Responsible Party."
2) Responsibility and Consequences. The Permit defines the "discharger" as "[t]he Legally
Responsible Person or entity subject to the General Permit." The Permit defines the Legally
Responsible Person as falling into specified eligible categories, including "[a] person,
company, agency or other entity that possesses a real property interest . . . in the land
upon which the construction or land disturbance activities will occur for the regulated site."
The Permit states a contractor is not qualified to be the Legally Responsible Person, unless
they fall into limited categories (those employed and duly authorized on U.S. Army Corp of
Engineers Projects or those engaged in pollution and remediation projects).
The Permit is typically held in the name of the property owner. Consequently, the party
required to ensure compliance with the Permit is the property owner, not the contractor.
The Permit also requires the discharger (i.e., owner) to file Permit registration documents,
annual reports and other compliance information. The discharger must certify that the
information provided regarding the project site is accurate and complete. The discharger
must allow entry to the project site for inspections and provide records required to be kept
under the Permit.
Any person who violates a condition of the Permit is subject to a civil penalty, which could
be as high as $37,500 per calendar day of a violation, plus sanctions provided by the Clean
Water Act.
3) Contracting Agencies' Perspective. According to staff at SWRCB, the practice of
delegating development of an SWPPP to the contractor is neither new nor unusual. This is
frequently the practice they see in construction projects that must obtain a Permit and
develop an SWPPP. They note that the discharger, or the responsible party for the Permit,
is named on the Permit and is always the owner/agency, not the contractor. Thus,
responsibility for compliance with the Permit remains with the owner/agency, regardless of
which party develops the SWPPP.
SWRCB staff also asserts that most municipalities don't have the expertise to develop
SWPPPs and don't have the resources to retain QSDs on staff. QSDs are typically employed
by environmental consulting firms that perform the work of developing SWPPPs under
contract, either with a contractor (which is more common), or with the owner/agency.
(Some large contracting firms keep QSDs on staff, but many smaller firms don't have the
resources to do so.)
Local contracting agencies indicate that they often require contractors to design and submit
SWPPPs because a contractor's plan or approach for construction dictates the sequence of
excavation, backfill, and temporary stockpiling of material on a typical project. They
contend that a contractor-designed SWPPP can incorporate an optimal construction
sequence selected by the contractor and incorporate it into their SWPPP, thereby
maximizing efficiency and reducing costs.
Page 88 of 125
An owner-designed SWPPP would necessarily have to assume a sequence of excavation,
etc. (and effects upon drainage) that might occur under one construction
sequence/scenario. This might not be the optimum sequence that the contractor would
elect to use (and would have incorporated into its own SWPPP plan).
For this reason, it makes more sense to require the party actually responsible for the
construction sequence of operations to be the one implementing its sequence into the
design of an SWPPP. An owner-designed SWPPP would unnecessarily lock in all bidders to
one single type of construction sequence/plan envisioned by the owner prior to the bid
opening, one which may not necessarily be the lowest cost option.
4) Mandate. The California Constitution generally requires the state to reimburse local
agencies for their costs when the state imposes new programs or additional duties on them.
According to the Legislative Counsel's Office, SB 1170 creates a new state-mandated local
program. SB 1170 disclaims this mandate by saying that the Legislature finds that there is
no mandate in the act. Ultimately, the Commission on State Mandates may make the final
determination on whether a mandate exists.
Related/Prior Legislation
The provisions of SB 1170 are similar to those of AB 1315 (Alejo, 2015), except the
amendments that were taken to SB 1170 limit the types of projects where the prohibitions
apply, and that AB 1315 did not disclaim the state mandate and did not purport to be
declaratory of existing law. AB 1315 was held under submission in the Assembly
Appropriations Committee.
DOUBLE REFERRAL:
This measure was heard in Senate Governance and Finance Committee on March 30, 2016,
and passed out of committee with a vote of 7-0.
SOURCE:
Associated General Contractors
SUPPORT:
American Subcontractors Association, California Chapter
California Legislative Conference of the Plumbing, Heating, and Piping Industry
California Sheet Metal and Air Conditioning Contractors, National Association California
Chapters of the National Electrical Contractors Association
California State Council of Laborers
California-Nevada Conference of Operating Engineers
Northern California Allied Trades
Southern California Contractors Association
United Contractors
Wall and Ceiling Alliance
OPPOSITION:
Association of California Healthcare Districts
Association of California School Administrators
Association of California Water Agencies
California Association of Sanitation Agencies
California Association of School Business Officials
California Municipal Utilities Association
California School Boards Association
Page 89 of 125
California Special Districts Association
California State Association of Counties
California State University
Coalition for Adequate School Housing
League of California Cities
Rural County Representatives of California
Three Valleys Municipal Water District
Urban Counties of California
ARGUMENTS IN SUPPORT:
The support believes that SB 1170 "confirms that the public owner is required to be the
'Legally Responsible Person' under the Permit and this requirement will not be shifted to
the contractor. SWPPP design responsibility/risk will be maintained with public owner that
best knows the stormwater and drainage characteristics of the site and surrounding areas.
The bidding contractor is far less familiar with the site and likely totally unfamiliar with the
surrounding area at the time a contract is entered into."
ARGUMENTS IN OPPOSITION :
The opposition states that "on projects that encompass at least one acre of land, SWPPPs
must be developed to ascertain potential sources of stormwater pollution on construction
sites and identify the control measures needed to be taken during the construction process.
SWPPPs must be written, amended and certified by qualified personnel who are
knowledgeable in the principles and practice of erosion and sediment controls and possess
the skills needed to assess conditions at the construction site that could impact stormwater
quality." The opposition argues that "public agencies rely on the expertise of qualified
SWPPP developers, known as QSDs, to conduct this work. As agencies do not have the
resources nor the regular workload required to employ such personnel throughout the
year."
The opposition points out that "SWPPPs are currently in accordance with the general
contractor's construction plans. As construction progresses, SWPPPs must often be
modified to accommodate the constantly changing conditions of a construction site. The
general contractor is in the best position to create the construction plan and contract for
the corresponding SWPPP. A general contractor-developed SWPPP can incorporate an
optimal construction sequence selected by the contractor thereby maximizing efficiency and
reducing costs."
The opposition argues that, "SB 1170 would turn this standing process on its head by
prohibiting public agencies from contracting with the general contractor to develop a
SWPPP and statutorily restricting the agencies remaining options to an engineer or
architect. A separate entity developing a SWPPP would have to assume a sequence of work
that might occur under one construction scenario but not another."
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Oppose" on SB 1170
(Wieckowski) Public Contracts: Water Pollution Prevention Plans, as recommended by the Public
Works Director.
Attachments
Attachment A: SB 1170 bill text
Attachment B: CSAC Letter
Page 90 of 125
AMENDED IN SENATE APRIL 6, 2016
SENATE BILL No. 1170
Introduced by Senator Wieckowski
(Coauthor: Senator Hill)
(Coauthor: Assembly Member Alejo)
February 18, 2016
An act to add Section 7107.5 to the Public Contract Code, relating
to public contracts.
legislative counsel’s digest
SB 1170, as amended, Wieckowski. Public contracts: water pollution
prevention plans: delegation.
Existing law prohibits a local public entity, charter city, or charter
county from requiring a bidder on a public works contract to assume
responsibility for the completeness and accuracy of architectural or
engineering plans and specifications on public works projects, except
as specified.
Existing law requires the State Water Resources Control Board and
the 9 California regional water quality control boards to prescribe waste
discharge requirements in accordance with the National Pollutant
Discharge Elimination System (NPDES) permit program established
by the federal Clean Water Act and the Porter-Cologne Water Quality
Control Act. Existing law regulates the discharge of pollutants in
stormwater associated with construction activity to waters of the United
States from construction sites that disturbs one or more acres of land
surface, or that is part of a common plan of development or sale that
disturbs more than one acre of land surface.
This bill would prohibit a public entity, charter city, or charter county
from delegating to a contractor the development of a plan, as defined, Page 91 of 125
used to prevent or reduce water pollution or runoff on a public works
contract, except as provided. The bill would also prohibit a public entity,
charter city, or charter county from requiring a contractor on a public
works contract that includes compliance with a plan to assume
responsibility for the completeness and accuracy of a plan developed
by that entity. The bill would provide that these prohibitions do not
apply to contracts that use specified procurement methods. The bill
would also declare that this is a matter of statewide concern. The bill
would state that its provisions are declaratory of existing law, as
specified.
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 the Legislature finds there is no mandate
contained in the bill that will result in costs incurred by a local agency
or school district for a new program or higher level of service which
require reimbursement pursuant to these constitutional and 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 7107.5 is added to the Public Contract
line 2 Code, to read:
line 3 7107.5. (a) As used in this section, the following definitions
line 4 shall apply:
line 5 (1) “Plan” means a stormwater pollution prevention plan, water
line 6 pollution control program, or any other plan required by a regional
line 7 water quality control board to prevent or reduce water pollution
line 8 or runoff on a public works project, pursuant to State Water
line 9 Resources Control Board Order No. 2009-0009-DWQ.
line 10 (2) “Plan developer” means a qualified stormwater pollution
line 11 prevention plan developer or a qualified stormwater pollution
line 12 prevention plan practitioner as those terms are defined in Appendix
line 13 5 of State Water Resources Control Board Order No.
line 14 2009-0009-DWQ.
line 15 (b) (1) (A) A public entity, charter city, or charter county shall
line 16 not delegate to a contractor the development of a plan on a public
line 17 works contract.
2
Page 92 of 125
line 1 (B) Subparagraph (A) shall not apply to a contract for
line 2 architectural or engineering services relating to the development
line 3 of a plan on a public works contract.
line 4 (C) This section does not restrict a public entity, charter city,
line 5 or charter county from contracting with a duly licensed architect
line 6 or engineer for the design of a plan.
line 7 (2) A public entity, charter city, or charter county shall not
line 8 require a contractor on a public works contract that includes
line 9 compliance with a plan to assume responsibility for the
line 10 completeness and accuracy of the plan developed by that entity.
line 11 (c) Subdivision (b) shall apply regardless of the project delivery
line 12 method required in a public works contract.
line 13 (c) Subdivision (b) shall apply to all public works contracts
line 14 except contracts that use the following statutorily authorized
line 15 procurement methods:
line 16 (1) Design-build.
line 17 (2) Best value.
line 18 (3) Construction manager at-risk contracts where the
line 19 construction manager is authorized to retain a plan developer for
line 20 the project owners.
line 21 (d) Nothing in this section shall be construed to prohibit a local
line 22 public entity, charter city, or charter county from requiring a bidder
line 23 or contractor on a public works contract to review any applicable
line 24 plan and report any errors or omissions noted to the public entity
line 25 or its plan developer. The review by the contractor shall be limited
line 26 to the contractor’s capacity as a contractor and not as a licensed
line 27 design professional or plan developer.
line 28 SEC. 2. The Legislature finds and declares that it is of statewide
line 29 concern to require a public entity, charter city, or charter county
line 30 to be responsible for the development of, and completeness and
line 31 accuracy of, a plan to prevent or reduce water pollution or runoff
line 32 on a public works project.
line 33 SEC. 3. The addition of Section 7107.5 to the Public Contract
line 34 Code made by this act does not constitute a change in, but is
line 35 declaratory of, existing law, including, but not limited to, Chapter
line 36 7 (commencing with Section 6700) of Division 3 of the Business
line 37 and Professions Code, Title 12 (commencing with Section 2772)
line 38 of Part 4 of Division 3 of the Civil Code, and Section 1104 of the
line 39 Public Contract Code.
3
Page 93 of 125
line 1 SEC. 4. The Legislature finds that there is no mandate
line 2 contained in this act that will result in costs incurred by a local
line 3 agency or school district for a new program or higher level of
line 4 service which require reimbursement pursuant to Section 6 of
line 5 Article XIIIB of the California Constitution and Part 7
line 6 (commencing with Section 17500) of Division 4 of Title 2 of the
line 7 Government Code.
O
4
Page 94 of 125
March 23, 2016
The Honorable Robert Hertzberg
Chair, Senate Governance and Finance Committee
State Capitol
Sacramento, CA 95814
Re: Senate Bill 1170 (Wieckowski)—Oppose [As Introduced]
Hearing Date: March 30, 2016 – Senate Governance and Finance Committee
Dear Senator Hertzberg:
The organizations listed below must regrettably oppose SB 1170 (Wieckowski) related to
stormwater pollution prevention. We represent a broad group of public agencies and
organizations that plan, approve, construct, and maintain an extensive range of essential public
infrastructure. Unfortunately, as currently written, SB 1170 would add significant new costs and
inefficiencies to the delivery of this infrastructure.
On projects that encompass at least one acre of land, Stormwater Pollution Prevention Plans
(SWPPPs) must be developed to ascertain potential sources of stormwater pollution on
construction sites and identify the control measures needed to be taken during the construction
process. SWPPPs must be written, amended, and certified by qualified personnel who are
knowledgeable in the principles and practice of erosion and sediment controls and possess the
skills needed to assess conditions at the construction site that could impact stormwater quality.
Public agencies rely on the expertise of qualified SWPPP developers, known as QSDs, to
conduct this work, as agencies do not have the resources nor the regular workload required to
employ such personnel throughout the year.
SWPPPs are currently created in accordance with the general contractor's construction plans.
As construction progresses, SWPPPs must often be modified to accommodate the constantly
changing conditions of a construction site. The general contractor is in the best position to
create the construction plan and contract for the corresponding SWPPP. A general contractor -
developed SWPPP can incorporate an optimal construction sequence selected by the
contractor, thereby maximizing efficiency and reducing costs.
SB 1170 would turn this standing process on its head by prohibiting public agencies from
contracting with the general contractor to develop a SWPPP and statutorily restricting the
agencies’ remaining options to an engineer or architect. A separate entity developing a SWPPP
Page 95 of 125
would have to assume a sequence of work that might occur under one construction scenario but
not another. Public agencies, engineers and architects simply do not have the direct control over
the day-to-day construction, let alone the expertise, to perform this function.
Ultimately, the success or failure of a SWPPP lies with the general contractor carrying out the
plan. If the legislature statutorily shifts the development and liability of the SWPPP to the public
agency, or to a design professional or architect, it will create confusion and conflict within the
public works process. SB 1170 will only further disconnect the entity responsible for the
development of the SWPPP from the entity that performs the work related to the SWPPP. This
is akin to asking the public agency or design professional to separately plan and contract for the
security of the general contractor’s equipment on the job site, the number of portable restrooms
needed or any other function that is intimately connected to the perf ormance and sequence of a
construction project.
For the aforementioned reasons, we must respectfully oppose SB 1170 as currently drafted.
Please do not hesitate to contact any of the signees below if you have any questions about our
position.
Sincerely,
Jimmy MacDonald
Legislative Representative
California Special Districts Association
Danielle Blacet
Director of Water
California Municipal Utilities Association
Jean Hurst
Legislative Advocate
Association of California Healthcare Districts
Faith Conley
Legislative Representative
California State Association of Counties
Laura Preston
Legislative Advocate
Association of California School Administrators
Ian Padilla
Legislative Advocate
Coalition for Adequate School Housing
Whitnie Wiley
Legislative Advocate
Association of California Water Agencies
Ronald Berdugo
Legislative Representative
League of California Cities
Page 96 of 125
Adam Link
Director of Governmental Affairs
California Association of Sanitation Agencies
Kathy Mannion
Legislative Advocate
Rural County Representatives of California
Sara Bachez
Assistant Executive Director
California Association of School Business
Officials
Richard Hansen
General Manager
Three Valleys Municipal Water District
Jolena Voorhis
Executive Director
Urban Counties of California
Page 97 of 125
LEGISLATION COMMITTEE 9.
Meeting Date:05/09/2016
Subject:State Bills of Interest to Contra Costa County and Federal Issues Update
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-10
Referral Name: Bills of Interest
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The Legislation Committee regularly receives reports from Committee staff on the status of bills
of interest to the County. The Committee also regularly receives updates on federal issues.
Referral Update:
The state bills of interest to the County are included in Attachment A.
A report on federal issues of interest to counties, provided by CSAC, is included in Attachment B.
Recommendation(s)/Next Step(s):
ACCEPT the reports on the state bills of interest to Contra Costa County and the federal issues
update, and provide direction to staff as needed.
Attachments
Attachment A: State Bills of Interest
Attachment B: Federal Issues Update
Page 98 of 125
Bill Status Report
May 4, 2016
1
CA AB 21 AUTHOR: Wood [D]
TITLE: Medical Marijuana: Cultivation Licenses
INTRODUCED:12/01/2014
DISPOSITION: Enacted
LOCATION: Chaptered
SUMMARY:
Amends the Compassionate Use Act of 1996 which authorizes the use of marijuana
for medical purposes and provides that the State Department of Food and
Agriculture is the sole licensing authority for medical marijuana cultivation
applicants a city, county, or city and county to delete the provision that grants the
Department the sole licensing authority under that Act. Provides a license
exemption does not prevent a local government from exercising its police power
authority under the State Constitution.
STATUS:
02/03/2016 Signed by GOVERNOR.
02/03/2016 Chaptered by Secretary of State. Chapter No. 1
Commentary:
Watching bill.
CA AB 1399 AUTHOR: Baker [R]
TITLE: Income Taxes: Contributions: Domestic Violence Fund
INTRODUCED:02/27/2015
DISPOSITION: Pending
LOCATION: Senate Governance and Finance Committee
SUMMARY:
Allows an individual to designate on his or her tax return that a specified amount in
excess of tax liability be transferred to the State Domestic Violence Fund created by
this Act. Requires a portion of the moneys in the fund be distributed as funds to
active grant recipients under the Comprehensive Statewide Domestic Violence
Program within the Office of Emergency Services.
STATUS:
02/10/2016 From SENATE Committee on GOVERNANCE AND
FINANCE with author's amendments.
02/10/2016 In SENATE. Read second time and amended. Re-referred to
Committee on GOVERNANCE AND FINANCE.
Commentary:
Sent support letter from Chair 01.04.16
POSITION: Support
CA AB 1554 AUTHOR: Irwin [D]
TITLE: Powdered Alcohol
INTRODUCED:01/04/2016
DISPOSITION: Pending
LOCATION: SENATE
Page 99 of 125
Bill Status Report
May 4, 2016
2
SUMMARY:
Prohibits the Department of Alcoholic Beverage Control from issuing a license to
manufacture, distribute, or sell powdered alcohol, and requires the Department to
revoke the license of any licensee who manufactures, distributes, or sells powdered
alcohol. Prohibits the purchase, sale, offer for sale, distribution, manufacture,
possession, or use of powdered alcohol. Makes a violation of these provisions
punishable as an infraction.
STATUS:
04/28/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (76-0)
Commentary:
Companion bill to SB 819. Consistent with policy #98. Sent LOS 3/24 for 4/6
hearing.
Position: Support
CA AB 1568 AUTHOR: Bonta [D]
TITLE: Medi-Cal: Demonstration Project
INTRODUCED:01/04/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Establishes the Medi-Cal 2020 Demonstration Project Act. Retains the continuously
appropriated Demonstration Disproportionate Share Hospital Fund for safety net
care pool payments. Provides for the Global Payment Program, the Public Hospital
Redesign and Incentives in Medi-Cal (PRIME) program and the Dental
Transformation Initiative. Amends the contract with the external quality review
organization regarding assessment of primary, core specialty, and facility access to
care for managed care beneficiaries.
STATUS:
05/03/2016 From ASSEMBLY Committee on APPROPRIATIONS with
author's amendments.
05/03/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Commentary:
Dr. Walker forwarded. Sending LOS.
CA AB 1592 AUTHOR: Bonilla [D]
TITLE: Autonomous Vehicles: Pilot Project
INTRODUCED:01/06/2016
DISPOSITION: Pending
LOCATION: Senate Transportation and Housing Committee
SUMMARY:
Authorizes the Contra Costa Transportation Authority to conduct a pilot project for
the testing of autonomous vehicles that are not equipped with a steering wheel, a
brake pedal, an accelerator, or an operator inside the vehicle, if the testing is
Page 100 of 125
Bill Status Report
May 4, 2016
3
conducted only at specified locations and the autonomous vehicle operates at
specified speeds.
STATUS:
04/28/2016 To SENATE Committee on TRANSPORTATION AND
HOUSING.
Commentary:
BOS supported 3/8/16
POSITION: Support
CA AB 1642 AUTHOR: Obernolte [R]
TITLE: State Responsibility Areas: Fire Prevention Fees
INTRODUCED:01/11/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Extends the time when the fire prevention fee is due and payable from the date of
assessment by the State Board of Equalization, and authorizes the petition for
redetermination to be filed within a specified number of days after service of the
notice of determination.
STATUS:
04/06/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Letter of support requested from AM office. Similar to bill we supported last year.
CA AB 1665 AUTHOR: Bonilla [D]
TITLE: Transactions and Use taxes: County of Alameda
INTRODUCED:01/14/2016
DISPOSITION: Pending
FILE: 42
LOCATION: Assembly Third Reading File
SUMMARY:
Extends the authority of the County of Alameda to impose a transactions and use tax
for the support of countywide transportation programs, and shifts this same taxing
authority, or so extended, from the County of Contra Costa to the Contra Costa
Transportation Authority.
STATUS:
04/27/2016 In ASSEMBLY. Read second time. To third reading.
Commentary:
BOS supports. John Cunningham handling
CA AB 1692 AUTHOR: Bonilla [D]
TITLE: County Employees Retirement: Contra Costa County
INTRODUCED:01/21/2016
DISPOSITION: Pending
Page 101 of 125
Bill Status Report
May 4, 2016
4
COMMITTEE: Assembly Public Employees, Retirement and Social Security
Committee
HEARING: 05/04/2016 9:30 am
SUMMARY:
Authorizes the Board of Supervisors of Contra Costa County to apply certain terms
and conditions to nonsafety officers and employees who are new members subject
to the retirement formulas specified in the Public Employees' Pension Reform Act
of 2013 and for whom the board is the governing body.
STATUS:
02/08/2016 To ASSEMBLY Committee on PUBLIC EMPLOYEES,
RETIREMENT AND SOCIAL SECURITY.
Commentary:
This is our sponsored bill.
POSITION: Support
CA AB 1697 AUTHOR: Bonilla [D]
TITLE: Alternative and Renewable Fuel and Vehicle Technology
INTRODUCED:01/21/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Amends the Alternative and Renewable Fuel and Vehicle Technology Program.
Adds a project's ability, under the Program, to provide a path for trained workers to
transition to jobs in the clean technology and renewable fuels sections and a
project's ability to promote employment of trained workers in those sectors as
additional criteria on which preference under the Program shall be provided.
Revises the eligibility criteria for workforce training programs.
STATUS:
04/25/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Commentary:
Stephen Baiter, WDB suggests a Support position.
POSITION: Support
CA AB 1707 AUTHOR: Linder [R]
TITLE: Public Records: Response to Request
INTRODUCED:01/25/2016
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Requires a public records denial of a request to be in writing regardless of whether
the request was in writing. Requires such response to include a list that contains the
title or other identification of each record requested but withheld due to an
exemption and the specific exemption that applies to that record.
STATUS:
Page 102 of 125
Bill Status Report
May 4, 2016
5
03/29/2016 From ASSEMBLY Committee on JUDICIARY: Do pass to
Committee on LOCAL GOVERNMENT. (10-0)
Commentary001:
3/14/16 Leg Com recommends OPPOSE to BOS
CA AB 1713 AUTHOR: Eggman [D]
TITLE: Sacramento-San Joaquin Delta: Peripheral Canal
INTRODUCED:01/26/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Prohibits the construction of a peripheral canal in the Sacramento-San Joaquin Delta
unless expressly authorized by an initiative voted on by the voters of California, and
requires the Legislative Analyst's Office to complete a prescribed economic
feasibility analysis prior to a vote authorizing the construction of a peripheral canal.
STATUS:
04/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
To the BOS on 3/15/16
POSITION: Support
CA AB 1758 AUTHOR: Stone [D]
TITLE: Telecommunications: Advanced Services Fund
INTRODUCED:02/02/2016
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Extends the time period for meeting the State Advanced Services Fund program
goal and specifies the advanced communication services threshold speeds to be met
in achieving the goal. Specifies as a program goal the achievement of a statewide
adoption rate of high-speed Internet access. Provides priority for specified projects.
Requires development of a plan to implement these provisions in a manner to foster
public-private collaboration. Authorizes grants to facilitate such access to
low-income households.
STATUS:
04/21/2016 From ASSEMBLY Committee on UTILITIES AND
COMMERCE without further action pursuant to JR 62(a).
Commentary:
Sending LOS.
POSITION: Support
CA AB 1853 AUTHOR: Cooper [D]
TITLE: County Employees Retirement Districts
INTRODUCED:02/10/2016
Page 103 of 125
Bill Status Report
May 4, 2016
6
DISPOSITION: Pending
COMMITTEE: Assembly Public Employees, Retirement and Social Security
Committee
HEARING: 05/04/2016 9:30 am
SUMMARY:
Relates to the County Employees Retirement Law of 1937 (CERL). Authorizes the
retirement board of any retirement system operating under CERL to elect to be a
district. Authorizes a board to adopt administrative provisions that would classify
various personnel of the retirement system as employees of the retirement system
and not employees of the county. Prescribes requirement regarding labor
negotiations and continuity of labor agreements.
STATUS:
03/29/2016 From ASSEMBLY Committee on PUBLIC EMPLOYEES,
RETIREMENT AND SOCIAL SECURITY with author's
amendments.
03/29/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on PUBLIC EMPLOYEES, RETIREMENT
AND SOCIAL SECURITY.
Commentary:
County Counsel recommends that this bill needs to be watched, and CSAC should
be made aware.
CA AB 1897 AUTHOR: Mullin [D]
TITLE: Day Care Centers
INTRODUCED:02/11/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Requires the State Department of Social Services to, adopt regulations that develop
and implement a birth to entering first grade license option for day care careers.
Requires the regulations to include age appropriate transition times, a requirement
that a single integrated license option list the age groups of children being served at
a day care center, a requirement hat all other licensing regulations that apply to a
day care center shall also apply to a birth to entering first grade license option.
STATUS:
04/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Consistent with policy #121. Sending LOS.
POSITION: Support
CA AB 1994 AUTHOR: Lopez [D]
TITLE: CalED Program
INTRODUCED:02/16/2016
DISPOSITION: Pending
Page 104 of 125
Bill Status Report
May 4, 2016
7
COMMITTEE: Assembly Appropriations Committee
HEARING: 05/04/2016 9:00 am
SUMMARY:
Creates the CalED Program for the purpose of assisting CalWORKs recipients to
obtain high school diplomas or equivalency certificates, under specified eligibility
criteria. Provides for a one-time aid supplement if a participant successfully
completes high school or a general educational development test approved by the
State Board of Education and administered by a testing center approved by the State
Department of Education.
STATUS:
05/04/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Stephen Baiter suggests watching.
POSITION: Watch
CA AB 2058 AUTHOR: Mayes [R]
TITLE: CalWORKs Educational Incentives
INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Creates the CalWORKs Educational Opportunity and Attainment Program to
provide CalWORKs recipients with an education incentive grant for attainment of a
high school diploma or its equivalent, an associates degree, or a bachelor's degree, if
either of these is earned while receiving assistance. Requires certification by the
county of the participant to ensure receipt of the incentive grant. Appropriates funds
for the CalWORKS Recipients Education Program in community colleges.
STATUS:
04/20/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Commentary:
Stephen Baiter suggests watching.
POSITION: Watch
CA AB 2061 AUTHOR: Waldron [R]
TITLE: Supervised Population Workforce training Grant Program
INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Relates to the Supervised Population Workforce Training Grant Program and
vocational training, and apprenticeship opportunities for individuals on probation,
mandatory supervision, and postrelease community supervision. Requires the
Workforce Investment Board to give preference to a grant application that proposes
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participation by employers who have demonstrated interest in employing individuals
in the supervised population. Requires related reports to the Legislature.
STATUS:
04/25/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
POSITION: Watch
CA AB 2092 AUTHOR: Frazier [D]
TITLE: Abandoned Watercraft Abatement Fund: Grants
INTRODUCED:02/17/2016
DISPOSITION: Pending
COMMITTEE: Assembly Appropriations Committee
HEARING: 05/04/2016 9:00 am
SUMMARY:
Authorizes grants under the Abandoned Watercraft Abatement Fund to be used for
abatement, removal, storage, or disposal of commercial vessels.
STATUS:
05/04/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Supv Piepho concerned about bill; requests input from SO.
CA AB 2105 AUTHOR: Rodriguez [D]
TITLE: Workforce Development: Allied Health Care Professionals
INTRODUCED:02/17/2016
DISPOSITION: Pending
FILE: 135
LOCATION: Assembly Consent Calendar - Second Legislative Day
SUMMARY:
Requires that the Workforce Development Board prepare and submit a report on the
Board's findings regarding earn and learn job training opportunities, models, and
programs. Requires the Board to consider the recommendations in the report as to
whether such recommendations shall be included in the Board's work plan for the
next fiscal year, or expanding the use of apprenticeship program to help prepare
allied health care professionals to meet upcoming needs.
STATUS:
05/02/2016 In ASSEMBLY. Read second time. To Consent Calendar.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
POSITION: Watch
CA AB 2128 AUTHOR: Achadjian [R]
TITLE: Marriage
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INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Amends existing law that allows a member of the Armed Force of the United States
who is stationed overseas and serving in a conflict or a war and is unable to appear
for the license and solemnization of the marriage to enter into that marriage by the
appearance of an attorney in fact. Provides that the completion of the power of
attorney is the sole determinant as to whether the county clerk's office or State
Registrar will accept the power of attorney.
STATUS:
05/02/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (76-0)
Commentary:
Support requested by Paul Burgarino, Community Education and Engagement
Specialist for Clerk-Recorder.
CA AB 2156 AUTHOR: Levine [D]
TITLE: Public Postsecondary Education
INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Requires the California State University (CSU), and requests the University of
California (UC), to participate in regional conversations pursuant to the Federal
Workforce Innovation and Opportunity Act. Requires CSU, and requests UC, to
submit a report to the Legislature on specified topics related to regional workforce
demands.
STATUS:
04/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
EHSD: Watch
CA AB 2285 AUTHOR: McCarty [D]
TITLE: State Employment: Former Foster Youth
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Requires the Department of Human Resources to establish a class in the
classification plan that would enable former foster youth who do not otherwise meet
the eligibility criteria for any current class to obtain employment with the state.
Requires the State Personnel Board to establish an emancipated foster youth
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program to promote the training of qualified foster youth in specified entry level
unclassified positions for their eventual hiring in classified positions with any State
agency or department.
STATUS:
04/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Stephen Baiter, WDB suggests a Support position.
POSITION: Support
CA AB 2288 AUTHOR: Burke [D]
TITLE: Apprenticeship Programs
INTRODUCED:02/18/2016
DISPOSITION: Pending
COMMITTEE: Assembly Appropriations Committee
HEARING: 05/04/2016 9:00 am
SUMMARY:
Requires the Workforce Development Board and each local board to ensure that
preapprenticeship training the building and construction trades follows the
Multi-Craft Core Curriculum developed by the California Department of Education
and that programs and services funded by the federal Workforce Innovation and
Opportunity Act of 2014.
STATUS:
05/04/2016 From ASSEMBLY Committee on APPROPRIATIONS: Do
pass.
Commentary:
Stephen Baiter suggests watching
POSITION: Watch
CA AB 2344 AUTHOR: Chang [R]
TITLE: Workforce Development
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to enact legislation to promote and improve
workforce development.
STATUS:
02/18/2016 INTRODUCED.
POSITION: Watch
CA AB 2412 AUTHOR: Chang [R]
TITLE: Community Colleges: Grants: Credentials
INTRODUCED:02/19/2016
DISPOSITION: Pending
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COMMITTEE: Assembly Appropriations Committee
HEARING: 05/04/2016 9:00 am
SUMMARY:
Establishes an incentive grant program for the completion of industry-recognized
credential in specified occupational areas by students enrolled at participating
campuses of the California Community Colleges. Requires a campus that receive
such grant to use the funds to improve its workforce development and career
technical education programs. Lists the criteria to be prioritized in the selection of
industry-recognized credentials that would be eligible for program funding.
Requires a related report.
STATUS:
05/04/2016 In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
Commentary:
Stephen Baiter, WDB suggests a Oppose position.
POSITION: Oppose
CA AB 2448 AUTHOR: Burke [D]
TITLE: CalWORKs: Welfare-to-Work: Education
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Provides that if a county determines that a CalWORK's recipient has not received
his or her high school diploma or its equivalent, the recipient may participate in an
equivalency program in order to complete a equivalency test. Authorizes the
recipient to participate in a high school equivalency program in lieu of participating
in a job search or job club. Prohibits requiring the recipient to participate in an
assessment before engaging in the program.
STATUS:
04/25/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (76-0)
Commentary:
Stephen Baiter, WDB suggests a Watch position.
POSITION: Watch
CA AB 2466 AUTHOR: Weber [D]
TITLE: Voting: Felons
INTRODUCED:02/19/2016
DISPOSITION: Pending
FILE: 3
LOCATION: Assembly Second Reading File
SUMMARY:
Relates to felons and voter eligibility. Defines imprisoned as currently serving a
state or federal prison sentence. Defines parole. Clarifies that conviction does not
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include juvenile adjudication. Requires an election statement that a person entitled
to register to vote must be a United States citizen, a California resident, not
currently in state or federal prison or on state parole for a felony and at least 18
years of age. Requires a court statement furnishing the names of incarcerated
individuals.
STATUS:
05/03/2016 In ASSEMBLY. Read second time and amended. To second
reading.
Commentary:
Support requested by ACLU, through Supervisor Andersen's office.
CA AB 2502 AUTHOR: Mullin [D]
TITLE: Land Use: Zoning Regulations
INTRODUCED:02/19/2016
DISPOSITION: Pending
FILE: 54
LOCATION: Assembly Third Reading File
SUMMARY:
Authorizes the legislative body of any city, county, or city and county to adopt
ordinances to establish, as a conditions of development, inclusionary housing
requirements. Makes nonsubstantive changes.
STATUS:
04/28/2016 In ASSEMBLY. Read second time. To third reading.
Commentary:
Consistent with State Platform, Policy #142. Sending LOS for 4/13 hearing.
POSITION: Support
CA AB 2583 AUTHOR: Frazier [D]
TITLE: Sacramento-San Joaquin Delta Reform Act of 2009
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Water, Parks and Wildlife Committee
SUMMARY:
Relates to the Sacramento-San Joaquin Delta Reform Act of 2009, the Delta
Stewardship Council, the Delta Plan and the California Water Fix. Provides that the
new Delta water conveyance infrastructure is interdependent parts of a system.
Amends the point of diversion to a point on the Sacramento River. Prohibits
construction of a new Delta conveyance facility until contracts are signed by
contractors who will receive the water that commit them to pay costs and to mitigate
facility property taxes.
STATUS:
04/19/2016 In ASSEMBLY Committee on WATER, PARKS AND
WILDLIFE: Failed passage.
Commentary:
Signed on to the DCC support letter 4/5/16
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POSITION: Support
CA AB 2642 AUTHOR: Garcia E [D]
TITLE: Removing Barriers to Employment Act: Initiative
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Enacts the Removing Barriers to Employment Act to establish a specified initiative
to create a grant program to assist individuals who have multiple barriers to
employment receive the remedial education and work readiness skills that will help
these individuals to successfully participate in training, apprenticeship or
employment opportunities that enhance skill development. Requires posting related
information on the Labor and Workforce Development Agency's Internet Web site.
STATUS:
04/26/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Commentary:
Stephen Baiter, WDB suggests a Support position. CWA sponsoring.
POSITION: Support
CA AB 2719 AUTHOR: Garcia E [D]
TITLE: Workforce Development: Out-of-School Youth
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Includes within the definition of an individual with employment barriers and
out-of-school youth. Revises the duties of the Workforce Development Board
regarding out of school youth. Defines local workforce development system
stakeholders and schools operating in partnership. Provides school districts, county
offices of education and secondary schools that provide instruction in partnership
with specified programs are eligible to apply to provide basic-diploma skills
training.
STATUS:
04/26/2016 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Commentary:
Stephen Baiter, WDB suggests a Oppose position.
POSITION: Oppose
CA AB 2831 AUTHOR: Chang [R]
TITLE: State Community Colleges Economic and Workforce
INTRODUCED:02/19/2016
DISPOSITION: Pending
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LOCATION: ASSEMBLY
SUMMARY:
Makes a nonsubstantive change to existing law that establishes the California
Community Colleges Economic and Workforce Development Program.
STATUS:
02/19/2016 INTRODUCED.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
POSITION: Watch
CA SB 45 AUTHOR: Mendoza [D]
TITLE: Federal Workforce Innovation and Opportunity Act
INTRODUCED:12/12/2014
DISPOSITION: Pending - Carryover
LOCATION: Assembly Labor and Employment Committee
SUMMARY:
Requires the State, in conformity with the federal Workforce Innovation and
Opportunity Act, to identify workforce investment planning regions. Requires local
boards and chief elected officials to prepare regional plans for those regions.
Requires the State Workforce Investment Board to aid the Governor in facilitating
system alignment across the core programs of the federal Act. Makes related and
conforming changes.
STATUS:
05/14/2015 To ASSEMBLY Committees on LABOR AND
EMPLOYMENT and JOBS, ECONOMIC DEVELOPMENT
AND THE ECONOMY.
POSITION: Watch
CA SB 66 AUTHOR: Leyva [D]
TITLE: Career Technical Education
INTRODUCED:01/07/2015
DISPOSITION: Pending
LOCATION: Assembly Business and Professions Committee
SUMMARY:
Requires the Department of Community Affairs to make available to the Office of
the Chancellor of the California Community Colleges any licensure information the
Department has in electronic format for its boards, bureaus, commissions, or
programs for the sole purpose of enabling the Office to measure employment
outcomes of students who participate in career technical education programs offered
by the California Community Colleges and recommend how these program may be
improved.
STATUS:
04/28/2016 To ASSEMBLY Committees on BUSINESS AND
PROFESSIONS and HIGHER EDUCATION.
Commentary:
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Stephen Baiter, WDB suggests a watch position.
POSITION: Watch
CA SB 554 AUTHOR: Wolk [D]
TITLE: Delta Levee Maintenance
INTRODUCED:02/26/2015
DISPOSITION: Pending
LOCATION: Assembly Water, Parks and Wildlife Committee
SUMMARY:
Relates to the maintenance or improvement of project or nonproject levees in the
Sacramento-San Joaquin Delta. Declares legislative intent to reimburse up to a
certain percent of costs incurred in any year for the maintenance or improvement of
levees in excess of a specified sum per mile of levee and authorizes a specified
board to advance funds in an amount that does not exceed a certain percent of the
estimated state share to an eligible local agency.
STATUS:
04/28/2016 To ASSEMBLY Committee on WATER, PARKS AND
WILDLIFE.
Commentary:
Sending letter of support. Consistent with Water Platform.
POSITION: Support
CA SB 815 AUTHOR: Hernandez [D]
TITLE: Medi-Cal: Demonstration Project
INTRODUCED:01/04/2016
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Establishes the Medi-Cal 2020 Demonstration Project Act. Retains the
Demonstration Disproportionate Share Hospital Fund. Requires a Global Payment
Program and related fund. Provides program funds are in lieu of disproportionate
share hospital payments. Provides for the Public Hospital Redesign and Incentives
in Med-Cal program. Provides the details for funding under the program. Requires a
Whole Person Care pilot program and fund, and a Dental Transformation Initiative.
STATUS:
05/03/2016 From SENATE Committee on APPROPRIATIONS with
author's amendments.
05/03/2016 In SENATE. Read second time and amended. Re-referred to
Committee on APPROPRIATIONS.
Commentary:
Dr. Walker recommends Support. Sending LOS.
POSITION: Support
CA SB 819 AUTHOR: Huff [R]
TITLE: Powdered Alcohol
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INTRODUCED:01/05/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Prohibits the Department of Alcoholic Beverage Control from issuing a license to
manufacture, distribute, or sell powdered alcohol, and requires the department to
revoke the license of any licensee who manufactures, distributes, or sells powdered
alcohol. Prohibits the possession, purchase, sale, offer for sale, distribution, or use
of powdered alcohol and makes the violation of these provisions punishable as an
infraction.
STATUS:
04/18/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (39-0)
Commentary:
Consistent with policy #98. Sending LOS for 3/8 & 4/11 hearings.
POSITION: Support
CA SB 885 AUTHOR: Wolk [D]
TITLE: Construction Contracts: Indemnity
INTRODUCED:01/19/2016
DISPOSITION: Pending
LOCATION: Senate Second Reading File
SUMMARY:
Specifies, for construction contracts, that a design professional only the has the duty
to defend claims that arise out of, or pertain or relate to, negligence, recklessness, or
willful misconduct of the design professional. Provides that a design professional
would not have a duty to defend claims or lawsuits against any other person or
entity arising from a construction project, except that person or entity's reasonable
defense costs arising out of the design professional's degree of fault.
STATUS:
05/03/2016 From SENATE Committee on JUDICIARY: Do pass as
amended.
Commentary:
3/14/16 Leg Com recommends additional information from author before position
of Oppose or OUA.
CA SB 910 AUTHOR: Berryhill [R]
TITLE: CalWORK's
INTRODUCED:01/26/2016
DISPOSITION: Pending
LOCATION: Senate Rules Committee
SUMMARY:
Makes a technical, nonsubstantive change to a provision of existing law relative to
the CalWORK's program.
STATUS:
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02/04/2016 To SENATE Committee on RULES.
Commentary:
Stephen Baiter, WDB suggests a watch position.
POSITION: Watch
CA SB 941 AUTHOR: Mitchell [D]
TITLE: Juveniles
INTRODUCED:02/03/2016
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Provides fees related to local home detention programs are only payable by adults.
Authorizes a court to order a defendant to pay a reasonable fee related to drug and
substance abuse testing only if the defendant is an adult. Deletes the authorization to
charge a minor that fee. Revises provisions regarding the amount of county support
required for care and custody of ward, dependent children, or other minor person.
Repeals a foster parent training fund. Relates to welfare family destabilization.
STATUS:
04/19/2016 From SENATE Committee on PUBLIC SAFETY: Do pass to
Committee on APPROPRIATIONS. (6-1)
Commentary:
CAO requesting Leg Com input on bill
CA SB 966 AUTHOR: Mitchell [D]
TITLE: Controlled Substances: Sentence Enhancements
INTRODUCED:02/08/2016
DISPOSITION: Pending
FILE: 22
LOCATION: Senate Third Reading File
SUMMARY:
Repeals provisions of law imposing on a person convicted of a violation of, or of
conspiracy to violate, specified crimes relating to controlled substances a full,
separate, and consecutive term for each prior conviction of specified controlled
substances crimes.
STATUS:
04/25/2016 In SENATE. Read third time. Failed to pass SENATE.
(18-16)
04/25/2016 In SENATE. Motion to reconsider.
04/25/2016 In SENATE. Reconsideration granted.
Commentary:
PD sent her own letter of support
CA SB 1029 AUTHOR: Hertzberg [D]
TITLE: Debt and Investment Advisory Commission: Accountability
INTRODUCED:02/12/2016
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DISPOSITION: Pending
COMMITTEE: Senate Appropriations Committee
HEARING: 05/09/2016 10:00 am
SUMMARY:
Requires the Debt and Investment Advisory Commission to track and report on all
state and local outstanding debt until fully repaid or redeemed. Requires a State and
local agency to submit an annual report for any issue of debt for which it has
submitted a report of final sale. Requires the report to cover a specified calendar
time period and to include specified information about debt issued and outstanding
and the use of the proceeds from debt during the reporting period.
STATUS:
04/27/2016 From SENATE Committee on APPROPRIATIONS with
author's amendments.
04/27/2016 In SENATE. Read second time and amended. Re-referred to
Committee on APPROPRIATIONS.
Commentary:
Tim Ewell is monitoring in CAO office.
CA SB 1170 AUTHOR: Wieckowski [D]
TITLE: Public Contracts: Water Pollution Prevention Plans
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Relates to public contracts and pollution prevention plans. Prohibits a public entity,
charter city, or charter county from delegating to a contractor the development of a
plan to prevent or reduce water pollution or runoff on a public works contract, or to
assume responsibility for the completeness and accuracy of a plan developed by that
entity. Provides these prohibitions do not apply to contracts that use specified
procurement methods.
STATUS:
04/20/2016 From SENATE Committee on ENVIRONMENTAL
QUALITY: Do pass to Committee on APPROPRIATIONS.
(7-0)
Commentary:
CSAC requesting support letters. JB concurs.
CA SB 1174 AUTHOR: McGuire [D]
TITLE: Medi-Cal: Children: Prescribing Patterns:Medications
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Requires the Medical Board to conduct an analysis of data regarding Medi-Cal
prescribers and their prescribing patterns of psychotropic medications and related
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services data provided by specified State agencies. Requires a breakdown by
specified population include children in foster care. Requires reports to the results of
the analysis of that data. Requires the Board to review the data for violations and to
take specified disciplinary action for violations. Provides priority with respect to
such reviews.
STATUS:
04/25/2016 In SENATE Committee on APPROPRIATIONS: To Suspense
File.
Commentary:
Consistent with State Platform, policy #98. Send LOS.
POSITION: Support
CA SB 1291 AUTHOR: Beall [D]
TITLE: Medi-Cal: Specialty Mental Health: Children and Youth
INTRODUCED:02/19/2016
DISPOSITION: Pending
COMMITTEE: Senate Appropriations Committee
HEARING: 05/09/2016 10:00 am
SUMMARY:
Requires each mental health plan to submit a foster care mental health service plan
to a specified department detailing the service array, from prevention to crisis
services, available to Medi-Cal eligible children and youth under the jurisdiction of
the juvenile court and their families. Requires plan review and public postings.
STATUS:
04/14/2016 In SENATE. Read second time and amended. Re-referred to
Committee on APPROPRIATIONS.
Commentary:
Consistent with State Platform, policy #98. Send LOS.
POSITION: Support
CA SB 1386 AUTHOR: Wolk [D]
TITLE: Resource Conservation: Working and Natural Lands
INTRODUCED:02/19/2016
DISPOSITION: Pending
FILE: 59
LOCATION: Senate Third Reading File
SUMMARY:
Declares it to be the policy of the State that protection and management of natural
and working lands is a key strategy in meeting the state's greenhouse gas reduction
goals. Requires all relevant State agencies, departments, boards, and commissions to
consider this policy when revising, adopting, or establishing policies, regulations,
expenditures, and grant criteria relating to the protection and management of natural
and working lands.
STATUS:
05/03/2016 In SENATE. Read second time. To third reading.
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Commentary:
Consistent with Platform. Sending LOS
CA SB 1410 AUTHOR: Morrell [R]
TITLE: California Workforce Investment Act
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Senate Rules Committee
SUMMARY:
Makes a technical, nonsubstantive changes to existing law which establishes the
Consolidated Work Program Fund for receiving moneys deposited pursuant to the
federal Workforce Investment Act.
STATUS:
03/10/2016 To SENATE Committee on RULES.
Commentary:
Stephen Baiter, WDB suggests a watch position.
POSITION: Watch
CA SB 1427 AUTHOR: Pavley [D]
TITLE: Workforce Development: Developmentally Disabled
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Requires the Department of Developmental Services to establish a Work Transition
Project with guidelines and an approved process for regional centers to allow
blended or braided forms of integrated services using allowable services under
existing law and to assist in the state's efforts to reach compliance with the federal
Home and Community-Based Services Waiver regulations. Authorizes the waiver of
certain regulatory requirements.
STATUS:
05/02/2016 In SENATE Committee on APPROPRIATIONS: To Suspense
File.
Commentary:
Stephen Baiter, WDB suggests a watch position.
POSITION: Watch
CA SB 15 b AUTHOR: Hernandez [D]
TITLE: Medi-Cal: Managed Care Organization Tax
INTRODUCED:02/08/2016
DISPOSITION: Failed
LOCATION: SENATE
SUMMARY:
Establishes a new managed care organization provider tax, to be administered by the
State Department of Health Care Services. Provides that the tax would be assessed
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by the Department on licensed health care service plans, managed care plans
contracted with the Department to provide Medi-Cal services, and alternate health
care service plans. Provides exclusions. Establishes the Health and Human Services
Special Fund. Reduces the gross premiums tax rate for specified insurers.
STATUS:
03/10/2016 From SENATE Committee on PUBLIC HEALTH AND
DEVELOPMENTAL SERVICES without further action.
Copyright (c) 2016 State Net. All rights reserved.
Page 119 of 125
Federal Issues Update
JOE KRAHN
April 22, 2016
Lawmakers continued the week of April 18 to devote significant time and attention to the
advancement of the fiscal year 2017 appropriations process. In the House, the Appropriations
Committee cleared on April 19 its Energy & Water (E&W) and Agriculture spending bills.
Approval of the legislation comes on the heels of last week’s committee action on the Military
Construction-Veterans Affairs (MilCon-VA) funding measure.
Across Capitol Hill, the Senate Appropriations Committee recently passed their respective
versions of the fiscal year Commerce-Justice-Science (CJS), E&W, Milcon-VA, and
Transportation-Housing and Urban Development (T-HUD) spending legislation. Additionally, the
full Senate this week began floor consideration of the E&W appropriations measure, which
provides funding for, among other agencies, the Bureau of Reclamation and the U.S. Army
Corps of Engineers.
Separately, Senate appropriators – along with their House counterparts – are working on an
emergency supplemental spending bill to help combat the Zika virus. Funding to address the
public health threat has remained highly contentious, as Republicans have charged that the
Obama administration has not supplied Congress with sufficient information about how the
emergency funding would be allocated. According to Senate leaders, a Zika spending deal is in
the works and will likely be offered as an amendment to one of the pending appropriations
measures.
It should be noted that this year’s appropriations process is advancing in the absence of a final
budget resolution. In the House, the Budget Committee-approved resolution (H Con Res 125)
remains stalled amid internal Republican disputes over topline spending in fiscal year 2017 and
beyond. Due to the ongoing standoff, House GOP leaders appear likely to abandon efforts to
adopt a formal budget resolution.
Page 1 of 6Federal Issues Update - California State Association of Counties
5/4/2016http://www.counties.org/csac-bulletin-article/federal-issues-update-16
Page 120 of 125
Energy and Water Development Appropriations
As reported above, the upper chamber began debating this past week its E&W appropriations
legislation. Although the popular spending bill was cleared on a 30-0 committee vote, the
measure is facing opposition from a number of Senate conservatives who want to pare down the
bill’s $37.5 billion price tag.
In addition to GOP conservatives, the Obama administration opposes the Senate measure, but
for different reasons. According to a recently released Statement of Administration Policy (SAP),
the White House objects to a number of policy riders that GOP appropriators have included in
the spending bill, including language that would prohibit the Army Corps from making any
changes to the definition of “fill material” and “discharge of fill material” for the purposes of the
Clean Water Act (CWA).
On a related matter, and during floor consideration of the bill, Senator John Hoeven (R-ND)
offered an amendment designed to prevent the Corps from spending any funds to implement
the Obama administration’s controversial Waters of the United States (WOTUS) rule. The
amendment failed on a 56-42 vote. The WOTUS rule, which was finalized by the Environmental
Protection Agency and the Corps in 2015, has been tied up in the courts and is awaiting further
legal action.
It should be noted that the E&W spending legislation includes $100 million for various Western
drought-relief programs and activities. Championed by Senator Dianne Feinstein (D-CA), the
funds would build upon the $100 million that was included for various drought-response
programs as part of the fiscal year 2016 omnibus spending law.
The bill also directs the Bureau of Reclamation and the Department of the Interior to use all of
the flexibility at their disposal to mitigate the impacts of the drought. Specifically, the
Committee Report accompanying the E&W legislation (S Rept. 114-236) directs Reclamation to
work with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and relevant
state agencies to undertake comprehensive, real-time monitoring of drought conditions and
their impact on endangered species and rely upon the best available science when managing
export pumping rates. The Report also instructs Reclamation to work with the U.S. Department
of Agriculture to expand efforts to supply small rural communities with water during the current
drought.
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In the House, the Appropriations Committee approved earlier this week its fiscal year 2017 E&W
spending legislation. As expected, Republican appropriators have included in the bill several
legislative provisions designed to send additional water deliveries to California’s Central Valley.
The language – which largely tracks drought legislation passed by the lower chamber in 2015
(HR 2898) – would require the Department of the Interior to increase Delta pumping under
certain conditions. The provisions are strongly supported by Central Valley Republicans but have
drawn fire from members of the state’s Democratic congressional delegation.
The House bill also includes several policy riders, including language that would prohibit the
Army Corps from spending any funds to implement the Obama administration’s WOTUS
regulation. Like the Senate bill, the House measure also includes language that would prevent
any changes to the definition of “fill material” for purposes of the CWA.
Looking ahead, it is unclear when, or if, the full House will take up the E&W spending package.
CJS Appropriations
On April 21, the Senate Appropriations Committee approved its fiscal year 2017 CJS funding
bill. All told, the legislation would spend $56.3 billion, or $563 million more than the fiscal year
2016 enacted level.
With regard to funding for state and local law enforcement assistance, the Senate bill would
provide nearly $1.2 billion in fiscal year 2017. The proposed funding is roughly $227 million
below current spending and $83 million more than President Obama’s budget request.
Of the aforementioned total, $100 million would be provided for the State Criminal Alien
Assistance Program (SCAAP), a cut of $110 million. It should be noted that the upper chamber
typically provides limited funding for SCAAP, with senators dedicating resources to other local
justice programs. However, the House has consistently endorsed higher SCAAP funding levels,
resulting in a more favorable appropriation.
Additionally, the Senate bill includes $384 million for Byrne Justice Assistance Grants (Byrne-
JAG), an $8 million increase. The measure also would provide $215 million – a proposed $3
million boost – for the Community Oriented Policing Services (COPS) program. Of that total,
$187 million would be set aside for COPS hiring grants.
It should be noted that the Senate legislation includes language directing the Department of
Justice to ensure that all SCAAP, Byrne-JAG, and COPS program applicants are required to
certify that they are in compliance with all applicable federal laws – and that they will continue to
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remain in compliance throughout the duration of their grant award period. The language is
designed to prevent so-called “sanctuary cities” from receiving federal justice grant funding in
fiscal year 2017.
The Senate CJS measure also would dedicate $2.95 billion for the Crime Victims Fund (CVF),
which is $85 million shy of current spending but $957 million above the Obama administration’s
budget request. As occurred in fiscal year 2016, the committee voted to transfer $379 million
from the CVF to the Office on Violence Against Women. Additionally, the panel adopted an
amendment that would carve out five percent of CVF funds for grants to Indian tribal
governments to improve services and justice for victims of crime.
While the committee estimates that nearly $2.6 billion would be disbursed to States for
programs funded under the Victims of Crime Act (VOCA) statute, the aforementioned tribal
carve out – along with several other set-asides – would leave roughly $2.14 billion for VOCA
assistance grants. If enacted, fiscal year 2017 VOCA program funding would be roughly 9
percent less than current levels.
Finally, the Senate Appropriations Committee adopted an amendment to the CJS spending bill
clarifying that no DOJ funds can be used to prevent any state from implementing its own laws
that authorize the use, distribution or cultivation of medical marijuana.
Transportation – Housing and Urban Development Appropriations
On April 21, the Senate Appropriations Committee unanimously approved its fiscal year 2017
T-HUD spending bill. The $56.5 billion measure, which funds a number of key local government
programs, is $827 million below current spending levels and nearly $3 billion less than the
president’s budget request. However, the panel was able to cancel unspent funds from past
years and make use of higher estimated revenue from the Federal Housing Administration, so
the bill would actually increase net funding by approximately $1.4 billion.
Among other things, the T-HUD bill would provide approximately $43.3 billion for highway
programs and just over $9.3 billion for transit programs, both of which are consistent with the
recently enacted surface transportation law (FAST Act; PL 114-94). The bill also would increase
funding by $25 million for the Department of Transportation’s (DOT) popular TIGER grant
program. With regard to housing programs, the legislation would provide level funding for the
Community Development Block Grant (CDBG) and the HOME Investment Partnerships
program. The measure also includes a slight boost in funding for Homeless Assistance Grants.
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FAA Reauthorization
After more than two weeks of debate, the Senate approved on April 19 legislation (HR 636) that
would reauthorize the Federal Aviation Administration (FAA). The bill, which was cleared by the
upper chamber on a 95-3 vote, would renew FAA programs and aviation-related excise taxes
through September of 2017.
Of particular interest to counties, the legislation would increase funding for the Airport
Improvement Program (AIP) by $400 million to an annual amount of $3.75 billion. AIP provides
grants to public agencies for the planning and development of public-use airports. The
legislation also would fund the Essential Air Services (EAS) program – which provides subsidies
for air service to small and remote airports – at current levels. In addition, the measure would
provide $10 million for the Small Community Air Service Development Program (SCASDP), which
is $4 million more than the currently authorized level. Similar to EAS, SCASDP grants are
designed to help rural counties address issues involving air service and airfare.
It should be noted that lawmakers on the Senate Finance Committee were hoping to use the
FAA bill as a vehicle to advance a variety of tax-related add-ons. For example, one provision
would have provided a five-year extension of tax credits for renewable energy, including fuel
cells, geothermal, and wind. The proposed package also included incentives for carbon dioxide
sequestration projects, as well as a number of tax breaks for brewers of beer, wine, and spirits.
After facing criticism from both parties, Senate leaders agreed to move forward with a “clean”
bill instead.
In the House, a six-year FAA renewal bill (HR 4441) is currently awaiting floor action. Entitled the
Aviation Innovation, Reform, and Reauthorization (AIRR) Act, the legislation includes a number of
major aviation reforms, including a controversial proposal to reform the air traffic control (ATC)
system by removing it from the FAA and placing it in a federally-chartered non-profit
corporation. The proposal faces stiff opposition from congressional Democrats, as well as some
Republican members of the Appropriations and Ways and Means Committees.
It should be noted that Representative Grace Napolitano (D-CA) is expected to offer a floor
amendment that would clarify that local sales tax measures of general application are not subject
to provisions of federal law that require the proceeds of certain taxes to be spent for aviation
purposes. The amendment, which was initially offered during the Transportation & Infrastructure
Committee’s consideration of the FAA rewrite, was defeated on a voice vote and subsequently
withdrawn prior to a recorded vote.
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The impetus for the Napolitano amendment is a 2014 FAA ruling (79 FR 66282) that requires
States and local governments to spend the proceeds of any aviation-related tax – those derived
from excise taxes and local sales taxes – on airport uses only. According to the FAA, “the
agency interpreted the provisions of Sections 47107(b) and 47133 [49 USC] to apply to any state
or local tax on aviation fuel, whether the tax was specifically targeted at aviation fuel or was a
general sales tax on products that included aviation fuel without exemption.” Incidentally, the
Conference Report to the Airport and Airway Improvement Act (PL 100-223), which houses the
statute in question, states that the requirement was “intended to apply to local fuel taxes only,
and not to other taxes imposed by local governments, or to state taxes” (Conf. Rept. No. 484,
100th Cong., 1st Sess. 1987 accompanying PL 100-223).
It is estimated that the FAA’s policy amendment will mean a loss of over $100 million for the
State of California and its local governments. Nationwide, a recent study suggests that state and
local governments will lose roughly $190 million a year under the FAA rule change.
Furthermore, because sales taxes on aviation fuel are not segregated from other taxable
sources, state and local governments will need to implement an extensive new tracking system(s)
in order to comply with the FAA’s policy.
Looking ahead, Senate leaders are urging their House counterparts to take up and pass the
upper chamber’s aviation renewal measure. House committee leaders, however, are resisting
those calls and have indicated their preference for moving their own FAA renewal bill.
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