BILL NUMBER: AB 179	CHAPTERED  09/17/03

	CHAPTER  378
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 21, 2003
	AMENDED IN SENATE  JUNE 3, 2003
	AMENDED IN SENATE  JUNE 2, 2003
	AMENDED IN ASSEMBLY  MARCH 4, 2003

INTRODUCED BY   Assembly Member Chan

                        JANUARY 27, 2003

   An act to amend Sections 130110 and 130150 of the Health and
Safety Code, relating to child development.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 179, Chan.  California Children and Families Commission.
   (1) The California Children and Families Act of 1998, an
initiative measure, requires that the California Children and
Families Program, established by the act, be funded by certain
surtaxes imposed on the sale and distribution of cigarettes and
tobacco products and deposited into the California Children and
Families Trust Fund, and that the fund be used for the implementation
of comprehensive early childhood development and smoking prevention
programs.  Existing law establishes a state commission, the
California Children and Families Commission, with specified powers
and duties relating to the administration of the act on a state
level.
   This bill would provide that the state commission may also be
known as First 5 California, and would delete reference to the name
of the state commission used for mass media and other communication
purposes.
   (2) Existing law also establishes county commissions for purposes
of administering the act on a local level.  Existing law requires the
state commission and each county commission, on or before October 15
of each year, to conduct an audit of, and issue a written report on
the implementation and performance of, their respective functions
during the preceding fiscal year.
   This bill would change the date the state commission is required
to annually conduct the audit and prepare this report from October 15
to January 31, and would revise the minimum content of the report.
   (3) The California Constitution provides that the Legislature may
amend an initiative statute by another statute that becomes effective
only when approved by the voters unless the initiative statute
permits amendment without voter approval.  The act provides that it
may be amended by a vote of 2/3 of the membership of both houses of
the Legislature and that all amendments pursuant to this provision
shall be to further the act and must be consistent with its purposes.

   This bill, in conformance with those requirements, would declare
that its provisions further the act and are consistent with its
purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 130110 of the Health and Safety Code is amended
to read:
   130110.  (a) There is hereby established a California Children and
Families Commission, which may also be known as First 5 California,
composed of seven voting members and two ex officio members.
   (b) The voting members shall be selected, pursuant to Section
130115, from persons with knowledge, experience, and expertise in
early child development, child care, education, social services,
public health, the prevention and treatment of tobacco and other
substance abuse, behavioral health, and medicine (including, but not
limited to, representatives of statewide medical and pediatric
associations or societies), upon consultation with public and private
sector associations, organizations, and conferences composed of
professionals in these fields.
   (c) The Secretary of the California Health and Human Services
Agency and the Secretary for Education, or their designees, shall
serve as ex officio nonvoting members of the state commission.
  SEC. 2.  Section 130150 of the Health and Safety Code is amended to
read:
   130150.  On or before October 15 of each year, each county
commission shall conduct an audit of, and issue a written report on
the implementation and performance of, its functions during the
preceding fiscal year, including, at a minimum, the manner in which
funds were expended, the progress toward, and the achievement of,
program goals and objectives, and the measurement of specific
outcomes through appropriate reliable indicators.
   (a) The audits and reports of each county commission shall be
transmitted to the state commission.
   (b) The state commission shall, on or before January 31 of each
year, do both of the following:
   (1) Conduct an audit and prepare a written report on the
implementation and performance of the state commission functions
during the preceding fiscal year, including, at a minimum, the manner
in which funds were expended and the progress toward, and the
achievement of, program goals and objectives.
   (2) Prepare a written report that consolidates, summarizes,
analyzes, and comments on the annual audits and reports submitted by
all of the county commissions for the preceding fiscal year.  This
report by the state commission shall be transmitted to the Governor,
the Legislature, and each county commission.
   (c) The state commission shall make copies of each of its annual
audits and reports available to members of the general public on
request and at no cost.  The state commission shall furnish each
county commission with copies of those documents in a number
sufficient for local distribution by the county commission to members
of the general public on request and at no cost.
   (d) Each county commission shall make copies of its annual audits
and reports available to members of the general public on request and
at no cost.
  SEC. 3.  The Legislature finds and declares that this act furthers
the California Children and Families Act of 1998, enacted by
Proposition 10 at the November 3, 1998, general election, and is
consistent with its purposes.