Amended in Assembly June 17, 2015

Senate BillNo. 79


Introduced by Committee on Budget and Fiscal Review

January 9, 2015


begin deleteAn act relating to the Budget Act of 2015. end deletebegin insertAn act to amend Section 1040 of the Evidence Code, to amend Section 17706 of the Family Code, to amend Sections 1522 and 1596.871 of, and to amend, repeal, and add Sections 1534, 1569.33, 1597.09, and 1597.55a of, the Health and Safety Code, to amend Section 18726 of the Revenue and Taxation Code, to amend Section 1095 of the Unemployment Insurance Code, and to amend Sections 9305, 11265.3, 11265.47, 11330.5, 11461.3, 11477, 13302, 14124.93, 17600.10, 17600.15, 17601.25, 17604, 17605, 17605.051, 17605.07, 17606.10, 17608.05, 17608.10, 17609.05, 18910, and 18358.30 of, to amend the heading of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of, to amend and repeal Sections 17603.05 and 17604.05 of, to amend, repeal, and add Sections 17600 and 17606.20 of, to add Sections 11253.4, 13303, 13304, 13305, 13306, 15753, and 18910.1 to, to repeal Sections 17605.05, 17605.08, 17606.05, 17606.15, and 17608.15 of, and to repeal and add Section 17605.10 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 79, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2015. end deletebegin insertHuman services.end insert

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(1) Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state’s child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state’s share of those counties’ collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002-03 to 2014-15 fiscal years, inclusive.

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This bill would extend the suspension of the additional 5% payments through the 2016-17 fiscal year.

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(2) Under existing law, the State Department of Social Services regulates the licensure and operation of community care facilities, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law provides that these facilities, except for foster family homes, are subject to unannounced visits by the department at least once every 5 years. Existing law requires the department to conduct an annual unannounced visit under specified circumstances, including when a license is on probation, and to conduct annual unannounced visits of no less than 20% of the facilities, other than foster family homes, that are not subject to an inspection under those specified circumstances.

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This bill would increase the frequency of inspections of those care facilities licensed by the State Department of Social Services, as specified. The bill would also require the department, as it implements the first stage of the multiyear proposal to increase the inspection frequency of facilities licensed, as specified, to update the Legislature frequently, and no later than April 1, 2016, for the first update, regarding the implementation of the multiyear proposal, as specified.

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(3) Existing law requires the State Department of Social Services, before issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and specified other persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2014-15 fiscal year.

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This bill would extend through the 2016-17 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

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(4) Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability in support of the California Senior Legislature Fund, which is used to fund the sessions of the California Senior Legislature. Existing law, until January 1, 2015, authorized taxpayers to contribute amounts in excess of their tax liability in support of the California Fund for Senior Citizens, which was used to support those sessions. Existing law requires that funds for the California Senior Legislature be allocated from the now obsolete California Fund for Senior Citizens.

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This bill would instead require that funds for the California Senior Legislature be allocated from the California Senior Legislature Fund, which the bill would designate as the successor fund of the California Fund for Senior Citizens. The bill would require that all assets, liabilities, revenues, and expenditures of the California Fund for Senior Citizens be transferred to the California Senior Legislature Fund, and that all references in state law to the California Fund for Senior Citizens be construed to refer to the California Senior Legislature Fund.

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(5) Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law requires the director to permit the use of the information for specified purposes, including, among others, to enable federal, state, and local government agencies to verify or determine eligibility for an applicant or recipient of specified public social services, and allows the director to require reimbursement for direct costs incurred.

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This bill would require the director to permit the use of any information in his or her possession to enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, to evaluate, research, or forecast the effectiveness of public social services programs, as specified, when the evaluation, research, or forecast is directly connected with, and limited to, the administration of those public social services programs. The bill would also make technical, nonsubstantive changes.

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(6) Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the CalWORKs program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Under existing law, an otherwise qualified individual convicted of any of certain felonies that have as an element the possession, use, or distribution of a controlled substance, as defined, is eligible to receive CalWORKs benefits, except as specified.

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This bill would make a conforming change by deleting certain reporting requirements regarding those types of convictions with respect to eligibility for the CalWORKs program.

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(7) Existing law authorizes a county to provide housing supports, including financial assistance and housing stabilization and relocation services, to CalWORKs recipients who are experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being. Under existing law, the State Department of Social Services is required to allocate funds to a county that meets certain criteria for the purpose of funding these housing supports.

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This bill would authorize a county to continue to provide housing supports to a person who has been discontinued from CalWORKs because he or she no longer meets specified income eligibility requirements.

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(8) Existing law groups families into assistance units for purposes of determining eligibility and computing the amount of aid payment under CalWORKs. Existing law requires, as a condition of eligibility for assistance under the CalWORKs program, the applicant or recipient to assign to the county any rights to support from any other person the applicant or recipient may have on his or her own behalf, or on behalf of any other family member for whom the applicant or recipient is applying for or receiving aid, only with respect to support that accrues during the period of time that the applicant is receiving assistance under the program, and to cooperate with efforts to establish paternity of a child of the applicant and to establish, modify, or enforce a support order, as specified. Existing law also requires sanctions to be imposed if an individual fails to comply with program requirements.

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This bill would exempt applicants for or recipients of CalWORKs benefits from the requirements that they assign to the county any rights to support, and that they cooperate with efforts to establish paternity of a child of the applicant and to establish, modify, or enforce a support order, if all eligible adults in the assistance unit have been subject to sanctions for at least 12 consecutive months for failing to comply with CalWORKs requirements. By imposing additional administrative duties on local officers, the bill would impose a state-mandated local program.

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(9) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child is eligible for AFDC-FC if he or she is placed in the approved home of a relative and is otherwise eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program, in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires counties to pay an approved relative caregiver a per child per month rate in this case if the county has opted in and the child placed in the home meets specified requirements. Existing law appropriates for these purposes $30,000,000 from the General Fund each calendar year, as cumulatively adjusted annually by the California Necessities Index (CNI), as specified.

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This bill would provide that a child eligible for the Approved Relative Caregiver Funding Option Program shall not be subject to certain requirements of CalWORKs, except as specified. This bill would require, among other things, that any income or benefit received by an eligible child or an approved relative caregiver on behalf of the eligible child that would be offset against the basic rate paid to a foster care provider, as specified, be offset from any funds, other than CalWORKs funds, paid to the approved relative caregiver, and would require counties to recoup overpayment in the program using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved home of a relative, as specified. The bill would revise the funding provisions for the Approved Relative Caregiver Funding Option Program, including appropriating from the General Fund the sum of $15,000,000 for the period of January 1, 2015, to June 30, 2015, inclusive, and the amount of $30,000,000, with specified adjustments, for the period of July 1, 2015 to June 30, 2016, inclusive. For every 12-month period thereafter, the bill would require an amount calculated pursuant to a specified formula to be appropriated to fund the Approved Relative Caregiver Funding Option Program, as prescribed.

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(10) Existing federal law, the Homeland Security Act of 2002, empowers the Director of the Office of Refugee Resettlement of the United States Department of Health and Human Services with functions under the immigration laws of the United States with respect to the care of unaccompanied alien children, as defined, including, but not limited to, coordinating and implementing the care and placement of unaccompanied alien children who are in federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each child, as provided. Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

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Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provides that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

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Commencing January 1, 2016, this bill would require the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. The bill would also require the department, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. The bill would require the department to update the Legislature in the course of budget hearings on specified information, including the timelines for implementation of these provisions and the participating organizations awarded contracts or grants.

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(11) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. Under existing law, these payments are suspended for the 2003-04 to 2014-15 fiscal years, inclusive.

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This bill would extend the suspension of the above-described payments to local child support agencies through the 2016-17 fiscal year.

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(12) Existing law requires each county welfare department to establish and support a system of protective services to elderly and dependent adults who may be subjected to neglect, abuse, or exploitation, or who are unable to protect their own interests.

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This bill would require the State Department of Social Services to establish one full-time position that reports to the director to assist counties with specified functions in the operation of their adult protective services system, including developing recommended program goals, performance measures, and outcomes for the system.

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(13) Existing law provides for the allocation of funds appropriated from the continuously appropriated Local Revenue Fund for the distribution of sales tax and motor vehicle license fee moneys to local agencies for the administration of various social service programs.

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The Local Revenue Fund is divided into various accounts and subaccounts, including the Vehicle License Fee Growth Account, the Sales Tax Growth Account, and the Sales Tax Account, which includes the Mental Health Subaccount, the Social Services Subaccount, and the Family Support Subaccount, among other subaccounts.

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This bill would, on and after August 1, 2015, add the County Medical Services Program Subaccount to the Sales Tax Account. The bill would create various new subaccounts in the Vehicle License Fee Account. The bill would also create the County Medical Services Program Growth Subaccount and the General Growth Subaccount in the Vehicle License Fee Growth Account.

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(14) Existing law provides for the deposit of sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund into specified subaccounts of the Sales Tax Account. Existing law requires the Controller to deposit into the Sales Tax Growth Account certain remaining unallocated excess sales tax revenues. Existing law requires the Controller to transfer funds from the Social Services Subaccount to the Health Subaccount in an amount not to exceed one billion dollars in any fiscal year, as specified.

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This bill would, for the 2015-16 fiscal year, and each fiscal year thereafter, include the County Medical Services Program Subaccount among those subaccounts for deposit of sales tax proceeds, as specified, and would provide for the remaining unallocated excess sales tax revenues to be deposited after that allocation. The bill would restrict the one-billion-dollar limit for fund transfers between the Social Services Subaccount and the Health Subaccount to the 2014-15 fiscal year.

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The bill would also require the Controller to make monthly deposits of vehicle license fee proceeds, from revenues deposited to the credit of the Local Revenue Fund, to various subaccounts of the Vehicle License Fee Account. The bill would provide that any excess vehicle license fee revenues would be deposited in the Vehicle License Fee Growth Account of the Local Revenue Fund.

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(15) Existing law requires the Controller to deposit specified amounts to the County Medical Services Subaccount in lieu of depositing those amounts into the County Medical Services Program Account of the County Health Services Fund, upon request of the County Medical Services Program Governing Board. Existing law also provides for the allocation of funds to eligible jurisdictions with a poverty-population shortfall if deposits into certain subaccounts in the Sales Tax Growth Account are not sufficient to eliminate poverty-population shortfalls, as calculated by the Department of Finance.

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This bill would delete those provisions.

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(16) Existing law requires the Controller to allocate funds from the General Growth Subaccount in the Sales Tax Growth Account to the Mental Health Account of each county, city, or city and county based on a schedule provided by the Department of Finance, to allocate a specified percentage of the total General Growth Subaccount to the Health Account, and to allocate the remaining funds to the Child Poverty and Family Supplemental Support Subaccount in the Sales Tax Account.

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This bill would continue the allocation to the local Mental Health Accounts, but would instead require the Controller to allocate that specified percentage of the General Growth Subaccount to the health account of each county, city, or city and county based on a schedule provided by the Department of Finance, and to allocate the remaining funds to the family support account of each county or city and county, as specified.

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(17) Existing law requires a county or city, as a condition of the deposit of funds from the Sales Tax Account of the Local Revenue Fund into the local health and welfare trust fund account of that county or city, to deposit general purpose revenues into that account pursuant to a specified schedule, and to take additional financial actions, as specified. Similarly, a county, city, or city and county is required, as a condition of the deposit of Sales Tax Growth Account funds into the local health and welfare trust fund account, to deposit local matching funds into that account, as specified.

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This bill would delete those additional financial action and matching fund requirements.

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This bill would make related, conforming, and other technical changes.

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By revising the allocation of moneys that are continuously appropriated from the Local Revenue Fund, this bill would make an appropriation.

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(18) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the State Department of Social Services to redetermine recipient eligibility and grant amounts under CalFresh on a semiannual basis, using prospective budgeting, and to prospectively determine the benefit amount that a recipient is entitled to receive for each month of the semiannual reporting period. Existing law requires counties, for individuals who are also Medi-Cal beneficiaries, to seek to align the timing of the semiannual reports with the reports required by the Medi-Cal program.

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This bill would make that requirement inapplicable to CalFresh households in which all adult members are elderly or disabled members, as defined, and in which the household has no earned income. This bill would also state the intent of the Legislature to eliminate change reporting, as defined, and to assign certification periods for CalFresh households that are the maximum allowed under federal law.

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(19) Existing law requires the State Department of Social Services to implement an intensive treatment foster care program in each county that applies for and receives the department’s approval for an intensive treatment foster care program rate. Existing law establishes a standard rate schedule of service and rate levels and, until June 30, 2015, an interim schedule of modified service and rate levels. Existing law requires counties and cities and counties to pay 100% of the nonfederal costs of these intensive foster care programs.

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This bill would extend the operation of the interim schedule of modified service and rate levels until December 31, 2016. The bill would also require that the amount paid to a certified foster parent under an intensive treatment foster care program be adjusted on July 1, 2015, and on July 1, 2016, by an amount equal to the California Necessities Index. To the extent that this bill would increase the cost to counties and cities and counties of these intensive treatment foster care programs, this bill would impose a state-mandated local program.

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(20) The bill would authorize the State Department of Social Services to implement specified provisions of the bill through all-county letters or similar instructions and would require the department to adopt emergency regulations implementing these provisions no later than January 1, 2017.

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(21) 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.

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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.

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(22) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

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Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P11   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1040 of the end insertbegin insertEvidence Codeend insertbegin insert is amended
2to read:end insert

3

1040.  

(a) As used in this section, “official information” means
4information acquired in confidence by a public employee in the
5course of his or her duty and not open, or officially disclosed, to
6the public prior to the time the claim of privilege is made.

7(b) A public entity has a privilege to refuse to disclose official
8information, and to prevent another from disclosing official
9information, if the privilege is claimed by a person authorized by
10the public entity to do sobegin delete and:end deletebegin insert and either of the following apply:end insert

11(1) Disclosure is forbidden by an act of the Congress of the
12United States or a statute of thisbegin delete state; orend deletebegin insert state.end insert

13(2) Disclosure of the information is against the public interest
14because there is a necessity for preserving the confidentiality of
15the information that outweighs the necessity for disclosure in the
16interest of justice; but no privilege may be claimed under this
17paragraph if any person authorized to do so has consented that the
18information be disclosed in the proceeding. In determining whether
19disclosure of the information is against the public interest, the
20interest of the public entity as a party in the outcome of the
21proceeding may not be considered.

22(c) Notwithstanding any otherbegin delete provision ofend delete law, the Employment
23Development Department shall disclose to law enforcement
24agencies, in accordance withbegin delete the provisions ofend delete subdivisionbegin delete (k)end deletebegin insert (i)end insert
25 of Section 1095begin delete and subdivision (b)end delete ofbegin delete Section 2714 ofend delete the
26Unemployment Insurance Code, information in its possession
27relating to any person if an arrest warrant has been issued for the
28person for commission of a felony.

29begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 17706 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

30

17706.  

(a) It is the intent of the Legislature to encourage
31counties to elevate the visibility and significance of the child
32support enforcement program in the county. To advance this goal,
33effective July 1, 2000, the counties with the 10 best performance
34standards pursuant to clause (ii) of subparagraph (B) of paragraph
35(2) of subdivision (b) of Section 17704 shall receive an additional
365 percent of the state’s share of those counties’ collections that are
37used to reduce or repay aid that is paid pursuant to Article 6
38(commencing with Section 11450) of Chapter 2 of Part 3 of
P12   1Division 9 of the Welfare and Institutions Code. The counties shall
2use the increased recoupment for child support-related activities
3that may not be eligible for federal child support funding under
4Part D of Title IV of the Social Security Act, including, but not
5limited to, providing services to parents to help them better support
6their children financially, medically, and emotionally.

7(b) The operation of subdivision (a) shall be suspended for the
82002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08,
92008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14,
10begin insert 2014-15, 2015-16,end insert andbegin delete 2014-15end deletebegin insert 2016-17end insert fiscal years.

11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1522 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
12to read:end insert

13

1522.  

The Legislature recognizes the need to generate timely
14and accurate positive fingerprint identification of applicants as a
15condition of issuing licenses, permits, or certificates of approval
16for persons to operate or provide direct care services in a
17community care facility, foster family home, or a certified family
18home of a licensed foster family agency. Therefore, the Legislature
19supports the use of the fingerprint live-scan technology, as
20identified in the long-range plan of the Department of Justice for
21fully automating the processing of fingerprints and other data by
22the year 1999, otherwise known as the California Crime
23Information Intelligence System (CAL-CII), to be used for
24applicant fingerprints. It is the intent of the Legislature in enacting
25this section to require the fingerprints of those individuals whose
26contact with community care clients may pose a risk to the clients’
27health and safety. An individual shall be required to obtain either
28a criminal record clearance or a criminal record exemption from
29the State Department of Social Services before his or her initial
30presence in a community care facility or certified family home.

31(a) (1) Before and, as applicable, subsequent to issuing a license
32or special permit to any person or persons to operate or manage a
33community care facility, the State Department of Social Services
34shall secure from an appropriate law enforcement agency a criminal
35record to determine whether the applicant or any other person
36specified in subdivision (b) has ever been convicted of a crime
37other than a minor traffic violation or arrested for any crime
38specified in Section 290 of the Penal Code, or for violating Section
39245, 273ab, or 273.5 of the Penal Code, subdivision (b) of Section
40273a of the Penal Code, or, prior to January 1, 1994, paragraph
P13   1(2) of Section 273a of the Penal Code, or for any crime for which
2the department is prohibited from granting a criminal record
3exemption pursuant to subdivision (g).

4(2) The criminal history information shall include the full
5criminal record, if any, of those persons, and subsequent arrest
6information pursuant to Section 11105.2 of the Penal Code.

7(3) Except during the 2003-04 to thebegin delete 2014-15end deletebegin insert 2016-17end insert fiscal
8years, inclusive, neither the Department of Justice nor the State
9Department of Social Services may charge a fee for the
10fingerprinting of an applicant for a license or special permit to
11operate a facility providing nonmedical board, room, and care for
12six or less children or for obtaining a criminal record of the
13applicant pursuant to this section.

14(4) The following shall apply to the criminal record information:

15(A) If the State Department of Social Services finds that the
16applicant, or any other person specified in subdivision (b), has
17been convicted of a crime other than a minor traffic violation, the
18application shall be denied, unless the director grants an exemption
19pursuant to subdivision (g).

20(B) If the State Department of Social Services finds that the
21applicant, or any other person specified in subdivision (b), is
22awaiting trial for a crime other than a minor traffic violation, the
23State Department of Social Services may cease processing the
24criminal record information until the conclusion of the trial.

25(C) If no criminal record information has been recorded, the
26Department of Justice shall provide the applicant and the State
27Department of Social Services with a statement of that fact.

28(D) If the State Department of Social Services finds after
29licensure that the licensee, or any other person specified in
30paragraph (1) of subdivision (b), has been convicted of a crime
31other than a minor traffic violation, the license may be revoked,
32unless the director grants an exemption pursuant to subdivision
33 (g).

34(E) An applicant and any other person specified in subdivision
35(b) shall submit fingerprint images and related information to the
36Department of Justice for the purpose of searching the criminal
37records of the Federal Bureau of Investigation, in addition to the
38criminal records search required by this subdivision. If an applicant
39and all other persons described in subdivision (b) meet all of the
40conditions for licensure, except receipt of the Federal Bureau of
P14   1Investigation’s criminal offender record information search
2response for the applicant or any of the persons described in
3subdivision (b), the department may issue a license if the applicant
4and each person described in subdivision (b) has signed and
5submitted a statement that he or she has never been convicted of
6a crime in the United States, other than a traffic infraction, as
7prescribed in paragraph (1) of subdivision (a) of Section 42001 of
8the Vehicle Code. If, after licensure, or the issuance of a certificate
9of approval of a certified family home by a foster family agency,
10the department determines that the licensee or any other person
11specified in subdivision (b) has a criminal record, the department
12may revoke the license, or require a foster family agency to revoke
13the certificate of approval, pursuant to Section 1550. The
14department may also suspend the license or require a foster family
15agency to suspend the certificate of approval pending an
16administrative hearing pursuant to Section 1550.5.

17(F) The State Department of Social Services shall develop
18procedures to provide the individual’s state and federal criminal
19history information with the written notification of his or her
20exemption denial or revocation based on the criminal record.
21Receipt of the criminal history information shall be optional on
22the part of the individual, as set forth in the agency’s procedures.
23The procedure shall protect the confidentiality and privacy of the
24individual’s record, and the criminal history information shall not
25be made available to the employer.

26(G) Notwithstanding any other law, the department is authorized
27to provide an individual with a copy of his or her state or federal
28level criminal offender record information search response as
29provided to that department by the Department of Justice if the
30department has denied a criminal background clearance based on
31this information and the individual makes a written request to the
32department for a copy specifying an address to which it is to be
33sent. The state or federal level criminal offender record information
34search response shall not be modified or altered from its form or
35content as provided by the Department of Justice and shall be
36provided to the address specified by the individual in his or her
37written request. The department shall retain a copy of the
38individual’s written request and the response and date provided.

P15   1(b) (1) In addition to the applicant, this section shall be
2applicable to criminal record clearances and exemptions for the
3following persons:

4(A) Adults responsible for administration or direct supervision
5of staff.

6(B) Any person, other than a client, residing in the facility or
7certified family home.

8(C) Any person who provides client assistance in dressing,
9grooming, bathing, or personal hygiene. Any nurse assistant or
10home health aide meeting the requirements of Section 1338.5 or
111736.6, respectively, who is not employed, retained, or contracted
12by the licensee, and who has been certified or recertified on or
13after July 1, 1998, shall be deemed to meet the criminal record
14clearance requirements of this section. A certified nurse assistant
15and certified home health aide who will be providing client
16assistance and who falls under this exemption shall provide one
17copy of his or her current certification, prior to providing care, to
18the community care facility. The facility shall maintain the copy
19of the certification on file as long as care is being provided by the
20certified nurse assistant or certified home health aide at the facility
21or certified family home. Nothing in this paragraph restricts the
22right of the department to exclude a certified nurse assistant or
23certified home health aide from a licensed community care facility
24or certified family home pursuant to Section 1558.

25(D) Any staff person, volunteer, or employee who has contact
26with the clients.

27(E) If the applicant is a firm, partnership, association, or
28corporation, the chief executive officer or other person serving in
29like capacity.

30(F) Additional officers of the governing body of the applicant,
31or other persons with a financial interest in the applicant, as
32determined necessary by the department by regulation. The criteria
33used in the development of these regulations shall be based on the
34person’s capability to exercise substantial influence over the
35operation of the facility.

36(2) The following persons are exempt from the requirements
37applicable under paragraph (1):

38(A) A medical professional as defined in department regulations
39who holds a valid license or certification from the person’s
40governing California medical care regulatory entity and who is
P16   1not employed, retained, or contracted by the licensee if all of the
2following apply:

3(i) The criminal record of the person has been cleared as a
4condition of licensure or certification by the person’s governing
5California medical care regulatory entity.

6(ii) The person is providing time-limited specialized clinical
7care or services.

8(iii) The person is providing care or services within the person’s
9scope of practice.

10(iv) The person is not a community care facility licensee or an
11employee of the facility.

12(B) A third-party repair person or similar retained contractor if
13all of the following apply:

14(i) The person is hired for a defined, time-limited job.

15(ii) The person is not left alone with clients.

16(iii) When clients are present in the room in which the repair
17person or contractor is working, a staff person who has a criminal
18record clearance or exemption is also present.

19(C) Employees of a licensed home health agency and other
20members of licensed hospice interdisciplinary teams who have a
21contract with a client or resident of the facility and are in the
22facility at the request of that client or resident’s legal
23decisionmaker. The exemption does not apply to a person who is
24a community care facility licensee or an employee of the facility.

25(D) Clergy and other spiritual caregivers who are performing
26services in common areas of the community care facility or who
27are advising an individual client at the request of, or with the
28permission of, the client or legal decisionmaker, are exempt from
29fingerprint and criminal background check requirements imposed
30by community care licensing. This exemption does not apply to a
31person who is a community care licensee or employee of the
32facility.

33(E) Members of fraternal, service, or similar organizations who
34conduct group activities for clients if all of the following apply:

35(i) Members are not left alone with clients.

36(ii) Members do not transport clients off the facility premises.

37(iii) The same organization does not conduct group activities
38for clients more often than defined by the department’s regulations.

39(3) In addition to the exemptions in paragraph (2), the following
40persons in foster family homes, certified family homes, and small
P17   1family homes are exempt from the requirements applicable under
2paragraph (1):

3(A) Adult friends and family of the licensed or certified foster
4parent, who come into the home to visit for a length of time no
5longer than defined by the department in regulations, provided
6that the adult friends and family of the licensee or certified parent
7are not left alone with the foster children. However, the licensee
8or certified parent, acting as a reasonable and prudent parent, as
9defined in paragraph (2) of subdivision (a) of Section 362.04 of
10the Welfare and Institutions Code, may allow his or her adult
11friends and family to provide short-term care to the foster child
12and act as an appropriate occasional short-term babysitter for the
13child.

14(B) Parents of a foster child’s friend when the foster child is
15visiting the friend’s home and the friend, licensed or certified foster
16parent, or both are also present. However, the licensee or certified
17parent, acting as a reasonable and prudent parent, may allow the
18parent of the foster child’s friend to act as an appropriate short-term
19babysitter for the child without the friend being present.

20(C) Individuals who are engaged by any licensed or certified
21foster parent to provide short-term care to the child for periods not
22to exceed 24 hours. Caregivers shall use a reasonable and prudent
23parent standard in selecting appropriate individuals to act as
24appropriate occasional short-term babysitters.

25(4) In addition to the exemptions specified in paragraph (2), the
26following persons in adult day care and adult day support centers
27are exempt from the requirements applicable under paragraph (1):

28(A) Unless contraindicated by the client’s individualized
29program plan (IPP) or needs and service plan, a spouse, significant
30other, relative, or close friend of a client, or an attendant or a
31facilitator for a client with a developmental disability if the
32attendant or facilitator is not employed, retained, or contracted by
33the licensee. This exemption applies only if the person is visiting
34the client or providing direct care and supervision to the client.

35(B) A volunteer if all of the following applies:

36(i) The volunteer is supervised by the licensee or a facility
37employee with a criminal record clearance or exemption.

38(ii) The volunteer is never left alone with clients.

P18   1(iii) The volunteer does not provide any client assistance with
2dressing, grooming, bathing, or personal hygiene other than
3washing of hands.

4(5) (A) In addition to the exemptions specified in paragraph
5(2), the following persons in adult residential and social
6rehabilitation facilities, unless contraindicated by the client’s
7individualized program plan (IPP) or needs and services plan, are
8exempt from the requirements applicable under paragraph (1): a
9spouse, significant other, relative, or close friend of a client, or an
10attendant or a facilitator for a client with a developmental disability
11if the attendant or facilitator is not employed, retained, or
12contracted by the licensee. This exemption applies only if the
13person is visiting the client or providing direct care and supervision
14to that client.

15(B) Nothing in this subdivision shall prevent a licensee from
16requiring a criminal record clearance of any individual exempt
17from the requirements of this section, provided that the individual
18has client contact.

19(6) Any person similar to those described in this subdivision,
20as defined by the department in regulations.

21(c) (1) Subsequent to initial licensure, a person specified in
22subdivision (b) who is not exempted from fingerprinting shall
23obtain either a criminal record clearance or an exemption from
24disqualification pursuant to subdivision (g) from the State
25Department of Social Services prior to employment, residence, or
26initial presence in the facility. A person specified in subdivision
27(b) who is not exempt from fingerprinting shall be fingerprinted
28and shall sign a declaration under penalty of perjury regarding any
29prior criminal convictions. The licensee shall submit fingerprint
30images and related information to the Department of Justice and
31the Federal Bureau of Investigation, through the Department of
32Justice, for a state and federal level criminal offender record
33information search, or comply with paragraph (1) of subdivision
34(h). These fingerprint images and related information shall be sent
35by electronic transmission in a manner approved by the State
36Department of Social Services and the Department of Justice for
37the purpose of obtaining a permanent set of fingerprints, and shall
38be submitted to the Department of Justice by the licensee. A
39licensee’s failure to prohibit the employment, residence, or initial
40presence of a person specified in subdivision (b) who is not exempt
P19   1from fingerprinting and who has not received either a criminal
2record clearance or an exemption from disqualification pursuant
3to subdivision (g) or to comply with paragraph (1) of subdivision
4(h), as required in this section, shall result in the citation of a
5deficiency and the immediate assessment of civil penalties in the
6amount of one hundred dollars ($100) per violation per day for a
7maximum of five days, unless the violation is a second or
8subsequent violation within a 12-month period in which case the
9civil penalties shall be in the amount of one hundred dollars ($100)
10per violation for a maximum of 30 days, and shall be grounds for
11disciplining the licensee pursuant to Section 1550. The department
12may assess civil penalties for continued violations as permitted by
13Section 1548. The fingerprint images and related information shall
14then be submitted to the Department of Justice for processing.
15Upon request of the licensee, who shall enclose a self-addressed
16stamped postcard for this purpose, the Department of Justice shall
17verify receipt of the fingerprints.

18(2) Within 14 calendar days of the receipt of the fingerprint
19images, the Department of Justice shall notify the State Department
20of Social Services of the criminal record information, as provided
21for in subdivision (a). If no criminal record information has been
22recorded, the Department of Justice shall provide the licensee and
23the State Department of Social Services with a statement of that
24fact within 14 calendar days of receipt of the fingerprint images.
25Documentation of the individual’s clearance or exemption from
26disqualification shall be maintained by the licensee and be available
27for inspection. If new fingerprint images are required for
28processing, the Department of Justice shall, within 14 calendar
29days from the date of receipt of the fingerprints, notify the licensee
30that the fingerprints were illegible, the Department of Justice shall
31notify the State Department of Social Services, as required by
32Section 1522.04, and shall also notify the licensee by mail, within
3314 days of electronic transmission of the fingerprints to the
34Department of Justice, if the person has no criminal history
35recorded. A violation of the regulations adopted pursuant to Section
361522.04 shall result in the citation of a deficiency and an immediate
37assessment of civil penalties in the amount of one hundred dollars
38($100) per violation per day for a maximum of five days, unless
39the violation is a second or subsequent violation within a 12-month
40period in which case the civil penalties shall be in the amount of
P20   1one hundred dollars ($100) per violation for a maximum of 30
2days, and shall be grounds for disciplining the licensee pursuant
3to Section 1550. The department may assess civil penalties for
4continued violations as permitted by Section 1548.

5(3) Except for persons specified in subdivision (b) who are
6exempt from fingerprinting, the licensee shall endeavor to ascertain
7the previous employment history of persons required to be
8fingerprinted. If it is determined by the State Department of Social
9Services, on the basis of the fingerprint images and related
10information submitted to the Department of Justice, that subsequent
11to obtaining a criminal record clearance or exemption from
12disqualification pursuant to subdivision (g), the person has been
13convicted of, or is awaiting trial for, a sex offense against a minor,
14or has been convicted for an offense specified in Section 243.4,
15273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony,
16the State Department of Social Services shall notify the licensee
17to act immediately to terminate the person’s employment, remove
18the person from the community care facility, or bar the person
19from entering the community care facility. The State Department
20of Social Services may subsequently grant an exemption from
21disqualification pursuant to subdivision (g). If the conviction or
22arrest was for another crime, except a minor traffic violation, the
23licensee shall, upon notification by the State Department of Social
24Services, act immediately to either (A) terminate the person’s
25employment, remove the person from the community care facility,
26or bar the person from entering the community care facility; or
27(B) seek an exemption from disqualification pursuant to subdivision
28(g). The State Department of Social Services shall determine if
29the person shall be allowed to remain in the facility until a decision
30on the exemption from disqualification is rendered. A licensee’s
31failure to comply with the department’s prohibition of employment,
32contact with clients, or presence in the facility as required by this
33paragraph shall result in a citation of deficiency and an immediate
34assessment of civil penalties in the amount of one hundred dollars
35($100) per violation per day and shall be grounds for disciplining
36the licensee pursuant to Section 1550.

37(4) The department may issue an exemption from
38disqualification on its own motion pursuant to subdivision (g) if
39the person’s criminal history indicates that the person is of good
40character based on the age, seriousness, and frequency of the
P21   1conviction or convictions. The department, in consultation with
2interested parties, shall develop regulations to establish the criteria
3to grant an exemption from disqualification pursuant to this
4paragraph.

5(5) Concurrently with notifying the licensee pursuant to
6paragraph (3), the department shall notify the affected individual
7of his or her right to seek an exemption from disqualification
8pursuant to subdivision (g). The individual may seek an exemption
9from disqualification only if the licensee terminates the person’s
10employment or removes the person from the facility after receiving
11notice from the department pursuant to paragraph (3).

12(d) (1) Before and, as applicable, subsequent to issuing a license
13or certificate of approval to any person or persons to operate a
14foster family home or certified family home as described in Section
151506, the State Department of Social Services or other approving
16authority shall secure California and Federal Bureau of
17Investigation criminal history information to determine whether
18the applicant or any person specified in subdivision (b) who is not
19exempt from fingerprinting has ever been convicted of a crime
20other than a minor traffic violation or arrested for any crime
21specified in subdivision (c) of Section 290 of the Penal Code, for
22violating Section 245, 273ab, or 273.5, subdivision (b) of Section
23273a, or, prior to January 1, 1994, paragraph (2) of Section 273a,
24of the Penal Code, or for any crime for which the department is
25prohibited from granting a criminal record exemption pursuant to
26subdivision (g). The State Department of Social Services or other
27approving authority shall not issue a license or certificate of
28approval to any foster family home or certified family home
29applicant who has not obtained both a California and Federal
30Bureau of Investigation criminal record clearance or exemption
31from disqualification pursuant to subdivision (g).

32(2) The criminal history information shall include the full
33criminal record, if any, of those persons.

34(3) Neither the Department of Justice nor the State Department
35of Social Services may charge a fee for the fingerprinting of an
36applicant for a license, special permit, or certificate of approval
37described in this subdivision. The record, if any, shall be taken
38into consideration when evaluating a prospective applicant.

39(4) The following shall apply to the criminal record information:

P22   1(A) If the applicant or other persons specified in subdivision
2(b) who are not exempt from fingerprinting have convictions that
3would make the applicant’s home unfit as a foster family home or
4a certified family home, the license, special permit, certificate of
5approval, or presence shall be denied.

6(B) If the State Department of Social Services finds that the
7applicant, or any person specified in subdivision (b) who is not
8exempt from fingerprinting is awaiting trial for a crime other than
9a minor traffic violation, the State Department of Social Services
10or other approving authority may cease processing the criminal
11record information until the conclusion of the trial.

12(C) For purposes of this subdivision, a criminal record clearance
13provided under Section 8712 of the Family Code may be used by
14the department or other approving agency.

15(D) To the same extent required for federal funding, an applicant
16for a foster family home license or for certification as a family
17home, and any other person specified in subdivision (b) who is
18not exempt from fingerprinting, shall submit a set of fingerprint
19images and related information to the Department of Justice and
20the Federal Bureau of Investigation, through the Department of
21Justice, for a state and federal level criminal offender record
22information search, in addition to the criminal records search
23required by subdivision (a).

24(5) Any person specified in this subdivision shall, as a part of
25the application, be fingerprinted and sign a declaration under
26penalty of perjury regarding any prior criminal convictions or
27arrests for any crime against a child, spousal or cohabitant abuse,
28or any crime for which the department cannot grant an exemption
29if the person was convicted and shall submit these fingerprints to
30the licensing agency or other approving authority.

31(6) (A) Subsequent to initial licensure or certification, a person
32specified in subdivision (b) who is not exempt from fingerprinting
33shall obtain both a California and Federal Bureau of Investigation
34criminal record clearance, or an exemption from disqualification
35pursuant to subdivision (g), prior to employment, residence, or
36initial presence in the foster family or certified family home. A
37foster family home licensee or foster family agency shall submit
38fingerprint images and related information of persons specified in
39subdivision (b) who are not exempt from fingerprinting to the
40Department of Justice and the Federal Bureau of Investigation,
P23   1through the Department of Justice, for a state and federal level
2criminal offender record information search, or to comply with
3paragraph (1) of subdivision (h). A foster family home licensee’s
4or a foster family agency’s failure to either prohibit the
5employment, residence, or initial presence of a person specified
6in subdivision (b) who is not exempt from fingerprinting and who
7has not received either a criminal record clearance or an exemption
8from disqualification pursuant to subdivision (g), or comply with
9paragraph (1) of subdivision (h), as required in this section, shall
10result in a citation of a deficiency, and the immediate civil penalties
11of one hundred dollars ($100) per violation per day for a maximum
12of five days, unless the violation is a second or subsequent violation
13within a 12-month period in which case the civil penalties shall
14be in the amount of one hundred dollars ($100) per violation for
15a maximum of 30 days, and shall be grounds for disciplining the
16licensee pursuant to Section 1550. A violation of the regulation
17adopted pursuant to Section 1522.04 shall result in the citation of
18a deficiency and an immediate assessment of civil penalties in the
19amount of one hundred dollars ($100) per violation per day for a
20maximum of five days, unless the violation is a second or
21subsequent violation within a 12-month period in which case the
22civil penalties shall be in the amount of one hundred dollars ($100)
23per violation for a maximum of 30 days, and shall be grounds for
24disciplining the foster family home licensee or the foster family
25agency pursuant to Section 1550. The State Department of Social
26Services may assess penalties for continued violations, as permitted
27by Section 1548. The fingerprint images shall then be submitted
28to the Department of Justice for processing.

29(B) Upon request of the licensee, who shall enclose a
30self-addressed envelope for this purpose, the Department of Justice
31shall verify receipt of the fingerprints. Within five working days
32of the receipt of the criminal record or information regarding
33criminal convictions from the Department of Justice, the
34department shall notify the applicant of any criminal arrests or
35convictions. If no arrests or convictions are recorded, the
36Department of Justice shall provide the foster family home licensee
37or the foster family agency with a statement of that fact concurrent
38with providing the information to the State Department of Social
39Services.

P24   1(7) If the State Department of Social Services or other approving
2authority finds that the applicant, or any other person specified in
3subdivision (b) who is not exempt from fingerprinting, has been
4convicted of a crime other than a minor traffic violation, the
5application or presence shall be denied, unless the director grants
6an exemption from disqualification pursuant to subdivision (g).

7(8) If the State Department of Social Services or other approving
8authority finds after licensure or the granting of the certificate of
9approval that the licensee, certified foster parent, or any other
10person specified in subdivision (b) who is not exempt from
11fingerprinting, has been convicted of a crime other than a minor
12traffic violation, the license or certificate of approval may be
13revoked by the department or the foster family agency, whichever
14is applicable, unless the director grants an exemption from
15disqualification pursuant to subdivision (g). A licensee’s failure
16to comply with the department’s prohibition of employment,
17contact with clients, or presence in the facility as required by
18paragraph (3) of subdivision (c) shall be grounds for disciplining
19the licensee pursuant to Section 1550.

20(e) (1) The State Department of Social Services shall not use
21a record of arrest to deny, revoke, or terminate any application,
22license, employment, or residence unless the department
23investigates the incident and secures evidence, whether or not
24related to the incident of arrest, that is admissible in an
25administrative hearing to establish conduct by the person that may
26pose a risk to the health and safety of any person who is or may
27become a client.

28(2) The department shall not issue a criminal record clearance
29to a person who has been arrested for any crime specified in Section
30290 of the Penal Code, or for violating Section 245, 273ab, or
31273.5, or subdivision (b) of Section 273a, of the Penal Code, or,
32prior to January 1, 1994, paragraph (2) of Section 273a of the Penal
33Code, or for any crime for which the department is prohibited from
34granting a criminal record exemption pursuant to subdivision (g),
35prior to the department’s completion of an investigation pursuant
36to paragraph (1).

37(3) The State Department of Social Services is authorized to
38obtain any arrest or conviction records or reports from any law
39enforcement agency as necessary to the performance of its duties
P25   1to inspect, license, and investigate community care facilities and
2individuals associated with a community care facility.

3(f) (1) For purposes of this section or any other provision of
4this chapter, a conviction means a plea or verdict of guilty or a
5conviction following a plea of nolo contendere. Any action that
6the State Department of Social Services is permitted to take
7following the establishment of a conviction may be taken when
8the time for appeal has elapsed, when the judgment of conviction
9has been affirmed on appeal, or when an order granting probation
10is made suspending the imposition of sentence, notwithstanding
11a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
12Penal Code permitting the person to withdraw his or her plea of
13guilty and to enter a plea of not guilty, or setting aside the verdict
14of guilty, or dismissing the accusation, information, or indictment.
15For purposes of this section or any other provision of this chapter,
16the record of a conviction, or a copy thereof certified by the clerk
17of the court or by a judge of the court in which the conviction
18occurred, shall be conclusive evidence of the conviction. For
19purposes of this section or any other provision of this chapter, the
20arrest disposition report certified by the Department of Justice, or
21documents admissible in a criminal action pursuant to Section
22969b of the Penal Code, shall be prima facie evidence of the
23 conviction, notwithstanding any other law prohibiting the
24admission of these documents in a civil or administrative action.

25(2) For purposes of this section or any other provision of this
26chapter, the department shall consider criminal convictions from
27another state or federal court as if the criminal offense was
28committed in this state.

29(g) (1) After review of the record, the director may grant an
30exemption from disqualification for a license or special permit as
31specified in paragraph (4) of subdivision (a), or for a license,
32special permit, or certificate of approval as specified in paragraphs
33(4), (7), and (8) of subdivision (d), or for employment, residence,
34or presence in a community care facility as specified in paragraphs
35(3), (4), and (5) of subdivision (c), if the director has substantial
36and convincing evidence to support a reasonable belief that the
37applicant and the person convicted of the crime, if other than the
38applicant, are of good character as to justify issuance of the license
39or special permit or granting an exemption for purposes of
40subdivision (c). Except as otherwise provided in this subdivision,
P26   1an exemption shall not be granted pursuant to this subdivision if
2the conviction was for any of the following offenses:

3(A) (i) An offense specified in Section 220, 243.4, or 264.1,
4subdivision (a) of Section 273a, or, prior to January 1, 1994,
5paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289,
6subdivision (c) of Section 290, or Section 368, of the Penal Code,
7or was a conviction of another crime against an individual specified
8in subdivision (c) of Section 667.5 of the Penal Code.

9(ii) Notwithstanding clause (i), the director may grant an
10exemption regarding the conviction for an offense described in
11paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
12of the Penal Code, if the employee or prospective employee has
13been rehabilitated as provided in Section 4852.03 of the Penal
14Code, has maintained the conduct required in Section 4852.05 of
15the Penal Code for at least 10 years, and has the recommendation
16of the district attorney representing the employee’s county of
17residence, or if the employee or prospective employee has received
18a certificate of rehabilitation pursuant to Chapter 3.5 (commencing
19with Section 4852.01) of Title 6 of Part 3 of the Penal Code. This
20clause shall not apply to foster care providers, including relative
21caregivers, nonrelated extended family members, or any other
22person specified in subdivision (b), in those homes where the
23individual has been convicted of an offense described in paragraph
24(1) of subdivision (c) of Section 667.5 of the Penal Code.

25(B) A felony offense specified in Section 729 of the Business
26and Professions Code or Section 206 or 215, subdivision (a) of
27Section 347, subdivision (b) of Section 417, or subdivision (a) of
28Section 451 of the Penal Code.

29(C) Under no circumstances shall an exemption be granted
30pursuant to this subdivision to any foster care provider applicant
31if that applicant, or any other person specified in subdivision (b)
32in those homes, has a felony conviction for either of the following
33offenses:

34(i) A felony conviction for child abuse or neglect, spousal abuse,
35crimes against a child, including child pornography, or for a crime
36involving violence, including rape, sexual assault, or homicide,
37but not including other physical assault and battery. For purposes
38of this subparagraph, a crime involving violence means a violent
39crime specified in clause (i) of subparagraph (A), or subparagraph
40(B).

P27   1(ii) A felony conviction, within the last five years, for physical
2assault, battery, or a drug- or alcohol-related offense.

3(iii) This subparagraph shall not apply to licenses or approvals
4wherein a caregiver was granted an exemption to a criminal
5conviction described in clause (i) or (ii) prior to the enactment of
6this subparagraph.

7(iv) This subparagraph shall remain operative only to the extent
8that compliance with its provisions is required by federal law as
9a condition for receiving funding under Title IV-E of the federal
10Social Security Act (42 U.S.C. Sec. 670 et seq.).

11(2) The department shall not prohibit a person from being
12employed or having contact with clients in a facility on the basis
13of a denied criminal record exemption request or arrest information
14unless the department complies with the requirements of Section
151558.

16(h) (1) For purposes of compliance with this section, the
17department may permit an individual to transfer a current criminal
18record clearance, as defined in subdivision (a), from one facility
19to another, as long as the criminal record clearance has been
20processed through a state licensing district office, and is being
21transferred to another facility licensed by a state licensing district
22office. The request shall be in writing to the State Department of
23Social Services, and shall include a copy of the person’s driver’s
24license or valid identification card issued by the Department of
25Motor Vehicles, or a valid photo identification issued by another
26state or the United States government if the person is not a
27California resident. Upon request of the licensee, who shall enclose
28a self-addressed envelope for this purpose, the State Department
29of Social Services shall verify whether the individual has a
30clearance that can be transferred.

31(2) The State Department of Social Services shall hold criminal
32record clearances in its active files for a minimum of three years
33after an employee is no longer employed at a licensed facility in
34order for the criminal record clearance to be transferred.

35(3) The following shall apply to a criminal record clearance or
36exemption from the department or a county office with
37department-delegated licensing authority:

38(A) A county office with department-delegated licensing
39authority may accept a clearance or exemption from the
40department.

P28   1(B) The department may accept a clearance or exemption from
2any county office with department-delegated licensing authority.

3(C) A county office with department-delegated licensing
4authority may accept a clearance or exemption from any other
5county office with department-delegated licensing authority.

6(4) With respect to notifications issued by the Department of
7Justice pursuant to Section 11105.2 of the Penal Code concerning
8an individual whose criminal record clearance was originally
9processed by the department or a county office with
10department-delegated licensing authority, all of the following shall
11apply:

12(A) The Department of Justice shall process a request from the
13department or a county office with department-delegated licensing
14authority to receive the notice only if all of the following conditions
15are met:

16(i) The request shall be submitted to the Department of Justice
17by the agency to be substituted to receive the notification.

18(ii)  The request shall be for the same applicant type as the type
19for which the original clearance was obtained.

20(iii) The request shall contain all prescribed data elements and
21format protocols pursuant to a written agreement between the
22department and the Department of Justice.

23(B) (i) On or before January 7, 2005, the department shall notify
24the Department of Justice of all county offices that have
25department-delegated licensing authority.

26(ii) The department shall notify the Department of Justice within
2715 calendar days of the date on which a new county office receives
28department-delegated licensing authority or a county’s delegated
29licensing authority is rescinded.

30(C) The Department of Justice shall charge the department, a
31county office with department-delegated licensing authority, or a
32county child welfare agency with criminal record clearance and
33exemption authority, a fee for each time a request to substitute the
34recipient agency is received for purposes of this paragraph. This
35fee shall not exceed the cost of providing the service.

36(5) (A) A county child welfare agency with authority to secure
37clearances pursuant to Section 16504.5 of the Welfare and
38Institutions Code and to grant exemptions pursuant to Section
39361.4 of the Welfare and Institutions Code may accept a clearance
P29   1or exemption from another county with criminal record and
2exemption authority pursuant to these sections.

3(B) With respect to notifications issued by the Department of
4Justice pursuant to Section 11105.2 of the Penal Code concerning
5an individual whose criminal record clearance was originally
6processed by a county child welfare agency with criminal record
7clearance and exemption authority, the Department of Justice shall
8process a request from a county child welfare agency with criminal
9record and exemption authority to receive the notice only if all of
10the following conditions are met:

11(i) The request shall be submitted to the Department of Justice
12by the agency to be substituted to receive the notification.

13(ii) The request shall be for the same applicant type as the type
14for which the original clearance was obtained.

15(iii) The request shall contain all prescribed data elements and
16format protocols pursuant to a written agreement between the State
17Department of Social Services and the Department of Justice.

18(i) The full criminal record obtained for purposes of this section
19may be used by the department or by a licensed adoption agency
20as a clearance required for adoption purposes.

21(j) If a licensee or facility is required by law to deny employment
22or to terminate employment of any employee based on written
23notification from the state department that the employee has a prior
24criminal conviction or is determined unsuitable for employment
25under Section 1558, the licensee or facility shall not incur civil
26liability or unemployment insurance liability as a result of that
27denial or termination.

28(k) The State Department of Social Services may charge a fee
29for the costs of processing electronic fingerprint images and related
30information.

31(l) Amendments to this section made in the 1999 portion of the
321999-2000 Regular Session shall be implemented commencing
3360 days after the effective date of the act amending this section in
34the 1999 portion of the 1999-2000 Regular Session, except that
35those provisions for the submission of fingerprints for searching
36the records of the Federal Bureau of Investigation shall be
37implemented 90 days after the effective date of that act.

38begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1534 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
39to read:end insert

P30   1

1534.  

(a) (1) (A) Except for foster family homes, every
2licensed community care facility shall be subject to unannounced
3inspections by the department.

4(B) Foster family homes shall be subject to announced
5inspections by the department, except that a foster family home
6shall be subject to unannounced inspections in response to a
7complaint, a plan of correction, or under any of the circumstances
8set forth in subparagraph (B) of paragraph (2).

9(2) (A) The department may inspect these facilities as often as
10necessary to ensure the quality of care provided.

11(B) The department shall conduct an annual unannounced
12inspection of a facility under any of the following circumstances:

13(i) When a license is on probation.

14(ii) When the terms of agreement in a facility compliance plan
15require an annual inspection.

16(iii) When an accusation against a licensee is pending.

17(iv) When a facility requires an annual inspection as a condition
18of receiving federal financial participation.

19(v) In order to verify that a person who has been ordered out of
20a facility by the department is no longer at the facility.

21(C) (i) The department shall conduct annual unannounced
22inspections of no less than 20 percent of facilities, except for foster
23family homes, not subject to an inspection under subparagraph
24(B).

25(ii) The department shall conduct annual announced inspections
26of no less than 20 percent of foster family homes not subject to an
27inspection under subparagraph (B).

28(iii) These inspections shall be conducted based on a random
29sampling methodology developed by the department.

30(iv) If the total citations issued by the department to facilities
31exceed the previous year’s total by 10 percent, the following year
32the department shall increase the random sample by an additional
3310 percent of the facilities not subject to an inspection under
34subparagraph (B). The department may request additional resources
35to increase the random sample by 10 percent.

36(v) The department shall not inspect a licensed community care
37facility less often than once every five years.

38(3) In order to facilitate direct contact with group home clients,
39the department may interview children who are clients of group
40homes at any public agency or private agency at which the client
P31   1may be found, including, but not limited to, a juvenile hall,
2recreation or vocational program, or a public or nonpublic school.
3The department shall respect the rights of the child while
4conducting the interview, including informing the child that he or
5she has the right not to be interviewed and the right to have another
6adult present during the interview.

7(4) The department shall notify the community care facility in
8writing of all deficiencies in its compliance with the provisions of
9this chapter and the rules and regulations adopted pursuant to this
10chapter, and shall set a reasonable length of time for compliance
11by the facility.

12(5) Reports on the results of each inspection, evaluation, or
13consultation shall be kept on file in the department, and all
14inspection reports, consultation reports, lists of deficiencies, and
15plans of correction shall be open to public inspection.

16(b) (1) This section does not limit the authority of the
17department to inspect or evaluate a licensed foster family agency,
18a certified family home, or any aspect of a program in which a
19licensed community care facility is certifying compliance with
20licensing requirements.

21(2) (A) A foster family agency shall conduct an announced
22inspection of a certified family home during the annual
23recertification described in Section 1506 in order to ensure that
24the certified family home meets all applicable licensing standards.
25A foster family agency may inspect a certified family home as
26often as necessary to ensure the quality of care provided.

27(B) In addition to the inspections required pursuant to
28subparagraph (A), a foster family agency shall conduct an
29unannounced inspection of a certified family home under any of
30the following circumstances:

31(i) When a certified family home is on probation.

32(ii) When the terms of the agreement in a facility compliance
33plan require an annual inspection.

34(iii) When an accusation against a certified family home is
35pending.

36(iv) When a certified family home requires an annual inspection
37as a condition of receiving federal financial participation.

38(v) In order to verify that a person who has been ordered out of
39a certified family home by the department is no longer at the home.

P32   1(3) Upon a finding of noncompliance by the department, the
2department may require a foster family agency to deny or revoke
3the certificate of approval of a certified family home, or take other
4action the department may deem necessary for the protection of a
5child placed with the certified family home. The certified parent
6or prospective foster parent shall be afforded the due process
7provided pursuant to this chapter.

8(4) If the department requires a foster family agency to deny or
9revoke the certificate of approval, the department shall serve an
10order of denial or revocation upon the certified or prospective
11foster parent and foster family agency that shall notify the certified
12or prospective foster parent of the basis of the department’s action
13and of the certified or prospective foster parent’s right to a hearing.

14(5) Within 15 days after the department serves an order of denial
15or revocation, the certified or prospective foster parent may file a
16written appeal of the department’s decision with the department.
17The department’s action shall be final if the certified or prospective
18foster parent does not file a written appeal within 15 days after the
19department serves the denial or revocation order.

20(6) The department’s order of the denial or revocation of the
21certificate of approval shall remain in effect until the hearing is
22completed and the director has made a final determination on the
23merits.

24(7) A certified or prospective foster parent who files a written
25 appeal of the department’s order with the department pursuant to
26this section shall, as part of the written request, provide his or her
27current mailing address. The certified or prospective foster parent
28shall subsequently notify the department in writing of any change
29in mailing address, until the hearing process has been completed
30or terminated.

31(8) Hearings held pursuant to this section shall be conducted in
32accordance with Chapter 5 (commencing with Section 11500) of
33Part 1 of Division 3 of Title 2 of the Government Code. In all
34proceedings conducted in accordance with this section the standard
35of proof shall be by a preponderance of the evidence.

36(9) The department may institute or continue a disciplinary
37proceeding against a certified or prospective foster parent upon
38any ground provided by this section or Section 1550, enter an order
39denying or revoking the certificate of approval, or otherwise take
40disciplinary action against the certified or prospective foster parent,
P33   1notwithstanding any resignation, withdrawal of application,
2surrender of the certificate of approval, or denial or revocation of
3the certificate of approval by the foster family agency.

4(10) A foster family agency’s failure to comply with the
5department’s order to deny or revoke the certificate of approval
6by placing or retaining children in care shall be grounds for
7disciplining the licensee pursuant to Section 1550.

begin insert

8(c) This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.

end insert
11begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1534 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
12to read:end insert

begin insert
13

begin insert1534.end insert  

(a) (1) (A) Except for foster family homes, every
14licensed community care facility shall be subject to unannounced
15inspections by the department.

16(B) Foster family homes shall be subject to announced
17inspections by the department, except that a foster family home
18shall be subject to unannounced inspections in response to a
19complaint, a plan of correction, or under any of the circumstances
20set forth in subparagraph (B) of paragraph (2).

21(2) (A) The department may inspect these facilities as often as
22necessary to ensure the quality of care provided.

23(B) The department shall conduct an annual unannounced
24inspection of a facility under any of the following circumstances:

25(i) When a license is on probation.

26(ii) When the terms of agreement in a facility compliance plan
27require an annual inspection.

28(iii) When an accusation against a licensee is pending.

29(iv) When a facility requires an annual inspection as a condition
30of receiving federal financial participation.

31(v) In order to verify that a person who has been ordered out
32of a facility by the department is no longer at the facility.

33(C) On and after January 1, 2017, and until January 1, 2018,
34the following shall apply:

35(i) Except for foster family homes, the department shall conduct
36annual unannounced inspections of no less than 30 percent of
37every licensed community care facility not subject to an inspection
38under subparagraph (B).

P34   1(ii) The department shall conduct annual announced inspections
2of no less than 30 percent of foster family homes not subject to an
3inspection under subparagraph (B).

4(iii) These inspections shall be conducted based on a random
5sampling methodology developed by the department.

6(iv) The department shall inspect a licensed community care
7facility at least once every three years.

8(D) On and after January 1, 2018, and until January 1, 2019,
9the following shall apply:

10(i) The department shall conduct annual unannounced
11inspections of no less than 20 percent of adult residential facilities,
12adult day programs, social rehabilitation facilities, enhanced
13behavioral support homes for adults, and community crisis homes,
14as defined in Section 1502, which are not subject to an inspection
15under subparagraph (B).

16(ii) These inspections shall be conducted based on a random
17sampling methodology developed by the department.

18(iii) The department shall inspect an adult residential facility,
19adult day program, social rehabilitation facility, enhanced
20behavioral support home for adults, and community crisis home,
21as defined in Section 1502, at least once every two years.

22(E) On and after January 1, 2019, the department shall conduct
23annual unannounced inspections of all adult residential facilities,
24adult day programs, social rehabilitation facilities, enhanced
25behavioral support homes for adults, and community crisis homes,
26as defined in Section 1502, and adult residential facilities for
27persons with special health care needs, as defined in Section
284684.50 of the Welfare and Institutions Code.

29(F) On and after January 1, 2018, the following shall apply:

30(i) Except for foster family homes, the department shall conduct
31annual unannounced inspections of no less than 20 percent of
32residential care facilities for children, as defined in Section 1502,
33including enhanced behavioral support homes for children,
34transitional housing placement providers, and foster family
35agencies not subject to an inspection under subparagraph (B).

36(ii) The department shall conduct annual announced inspections
37of no less than 20 percent of foster family homes, as defined in
38Section 1502, not subject to an inspection under subparagraph
39(B).

P35   1(iii) The inspections in clauses (i) and (ii) shall be conducted
2based on a random sampling methodology developed by the
3department.

4(iv) The department shall conduct unannounced inspections of
5residential care facilities for children, as defined in Section 1502,
6including enhanced behavioral support homes for children,
7transitional housing placement providers, and foster family
8agencies, and announced inspections of foster family homes, at
9least once every two years.

10(3) In order to facilitate direct contact with group home clients,
11the department may interview children who are clients of group
12homes at any public agency or private agency at which the client
13may be found, including, but not limited to, a juvenile hall,
14recreation or vocational program, or a public or nonpublic school.
15The department shall respect the rights of the child while
16conducting the interview, including informing the child that he or
17she has the right not to be interviewed and the right to have another
18adult present during the interview.

19(4) The department shall notify the community care facility in
20writing of all deficiencies in its compliance with the provisions of
21this chapter and the rules and regulations adopted pursuant to
22this chapter, and shall set a reasonable length of time for
23compliance by the facility.

24(5) Reports on the results of each inspection, evaluation, or
25consultation shall be kept on file in the department, and all
26inspection reports, consultation reports, lists of deficiencies, and
27plans of correction shall be open to public inspection.

28(b) (1) This section does not limit the authority of the
29department to inspect or evaluate a licensed foster family agency,
30a certified family home, or any aspect of a program in which a
31licensed community care facility is certifying compliance with
32licensing requirements.

33(2) (A) A foster family agency shall conduct an announced
34inspection of a certified family home during the annual
35recertification described in Section 1506 in order to ensure that
36the certified family home meets all applicable licensing standards.
37A foster family agency may inspect a certified family home as often
38as necessary to ensure the quality of care provided.

39(B) In addition to the inspections required pursuant to
40subparagraph (A), a foster family agency shall conduct an
P36   1 unannounced inspection of a certified family home under any of
2the following circumstances:

3(i) When a certified family home is on probation.

4(ii) When the terms of the agreement in a facility compliance
5plan require an annual inspection.

6(iii) When an accusation against a certified family home is
7pending.

8(iv) When a certified family home requires an annual inspection
9as a condition of receiving federal financial participation.

10(v) In order to verify that a person who has been ordered out
11of a certified family home by the department is no longer at the
12home.

13(3) Upon a finding of noncompliance by the department, the
14 department may require a foster family agency to deny or revoke
15the certificate of approval of a certified family home, or take other
16action the department may deem necessary for the protection of
17a child placed with the certified family home. The certified parent
18or prospective foster parent shall be afforded the due process
19provided pursuant to this chapter.

20(4) If the department requires a foster family agency to deny or
21revoke the certificate of approval, the department shall serve an
22order of denial or revocation upon the certified or prospective
23foster parent and foster family agency that shall notify the certified
24or prospective foster parent of the basis of the department’s action
25and of the certified or prospective foster parent’s right to a hearing.

26(5) Within 15 days after the department serves an order of denial
27or revocation, the certified or prospective foster parent may file
28a written appeal of the department’s decision with the department.
29The department’s action shall be final if the certified or prospective
30foster parent does not file a written appeal within 15 days after
31the department serves the denial or revocation order.

32(6) The department’s order of the denial or revocation of the
33certificate of approval shall remain in effect until the hearing is
34completed and the director has made a final determination on the
35merits.

36(7) A certified or prospective foster parent who files a written
37appeal of the department’s order with the department pursuant to
38this section shall, as part of the written request, provide his or her
39current mailing address. The certified or prospective foster parent
40shall subsequently notify the department in writing of any change
P37   1in mailing address, until the hearing process has been completed
2or terminated.

3(8) Hearings held pursuant to this section shall be conducted
4in accordance with Chapter 5 (commencing with Section 11500)
5of Part 1 of Division 3 of Title 2 of the Government Code. In all
6proceedings conducted in accordance with this section the standard
7of proof shall be by a preponderance of the evidence.

8(9) The department may institute or continue a disciplinary
9proceeding against a certified or prospective foster parent upon
10any ground provided by this section or Section 1550, enter an
11order denying or revoking the certificate of approval, or otherwise
12take disciplinary action against the certified or prospective foster
13parent, notwithstanding any resignation, withdrawal of application,
14surrender of the certificate of approval, or denial or revocation
15of the certificate of approval by the foster family agency.

16(10) A foster family agency’s failure to comply with the
17department’s order to deny or revoke the certificate of approval
18by placing or retaining children in care shall be grounds for
19disciplining the licensee pursuant to Section 1550.

20(c) This section shall become operative on January 1, 2017.

end insert
21begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1569.33 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
22amended to read:end insert

23

1569.33.  

(a) Every licensed residential care facility for the
24elderly shall be subject to unannouncedbegin delete visitsend deletebegin insert inspectionsend insert by the
25department. The department shallbegin delete visitend deletebegin insert inspectend insert these facilities as
26often as necessary to ensure the quality of care provided.

27(b) The department shall conduct an annual unannouncedbegin delete visitend delete
28begin insert inspectionend insert of a facility under any of the following circumstances:

29(1) When a license is on probation.

30(2) When the terms of agreement in a facility compliance plan
31require an annualbegin delete evaluation.end deletebegin insert inspection.end insert

32(3) When an accusation against a licensee is pending.

33(4) When a facility requires an annual visit as a condition of
34receiving federal financial participation.

35(5) In order to verify that a person who has been ordered out of
36the facility for the elderly by the department is no longer at the
37facility.

38(c) (1) The department shall conduct annual unannouncedbegin delete visits
39toend delete
begin insert inspections ofend insert no less than 20 percent of facilities not subject to
40anbegin delete evaluationend deletebegin insert inspectionend insert under subdivision (b). These unannounced
P38   1begin delete visitsend deletebegin insert inspectionsend insert shall be conducted based on a random sampling
2methodology developed by the department.

3(2) If the total citations issued by the department exceed the
4previous year’s total by 10 percent, the following year the
5department shall increase the random sample by 10 percent of the
6facilities not subject to anbegin delete evaluationend deletebegin insert inspectionend insert under subdivision
7(b). The department may request additional resources to increase
8the random sample by 10 percent.

9(d) Under no circumstance shall the departmentbegin delete visitend deletebegin insert inspectend insert a
10residential care facility for the elderly less often than once every
11five years.

12(e) (1) The department shall notify the residential care facility
13for the elderly in writing of all deficiencies in its compliance with
14the provisions of this chapter and the rules and regulations adopted
15pursuant to this chapter.

16(2) Unless otherwise specified in the plan of correction, the
17residential care facility for the elderly shall remedy the deficiencies
18within 10 days of the notification.

19(f) (1) Reports on the results of each inspection, evaluation, or
20consultation shall be kept on file in the department, and all
21inspection reports, consultation reports, lists of deficiencies, and
22plans of correction shall be open to public inspection.

23(2) (A) The department shall post on its Internet Web site
24information on how to obtain an inspection report.

25(B) It is the intent of the Legislature that the department shall
26make inspection reports available on its Internet Web site by
27January 1, 2020.

28(g) As a part of the department’s evaluation process, the
29department shall review the plan of operation, training logs, and
30marketing materials of any residential care facility for the elderly
31that advertises or promotes special care, special programming, or
32a special environment for persons with dementia to monitor
33compliance with Sections 1569.626 and 1569.627.

34(h) (1) The department shall design, or cause to be designed,
35a poster that contains information on the appropriate reporting
36agency in case of a complaint or emergency.

37(2) Each residential care facility for the elderly shall post this
38poster in the main entryway of its facility.

begin insert

P39   1(i) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.

end insert
4begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 1569.33 is added to the end insertbegin insertHealth and Safety
5Code
end insert
begin insert, to read:end insert

begin insert
6

begin insert1569.33.end insert  

(a) Every licensed residential care facility for the
7elderly shall be subject to unannounced inspections by the
8department. The department shall inspect these facilities as often
9as necessary to ensure the quality of care provided.

10(b) The department shall conduct an annual unannounced
11inspection of a facility under any of the following circumstances:

12(1) When a license is on probation.

13(2) When the terms of agreement in a facility compliance plan
14require an annual inspection.

15(3) When an accusation against a licensee is pending.

16(4) When a facility requires an annual inspection as a condition
17of receiving federal financial participation.

18(5) In order to verify that a person who has been ordered out
19of the facility for the elderly by the department is no longer at the
20facility.

21(c) On and after January 1, 2017, and until January 1, 2018,
22the following shall apply:

23(1) The department shall conduct annual unannounced
24inspections of no less than 30 percent of residential care facilities
25for the elderly not subject to an inspection under subdivision (b).

26(2) These unannounced inspections shall be conducted based
27on a random sampling methodology developed by the department.

28(3) The department shall inspect a residential care facility for
29the elderly at least once every three years.

30(d) On and after January 1, 2018, and until January 1, 2019,
31the following shall apply:

32(1) The department shall conduct annual unannounced
33inspections of no less than 20 percent of residential care facilities
34for the elderly not subject to an evaluation under subdivision (b).

35(2) These unannounced inspections shall be conducted based
36on a random sampling methodology developed by the department.

37(3) The department shall inspect a residential care facility for
38the elderly at least once every two years.

P40   1(e) On and after January 1, 2019, the department shall conduct
2annual unannounced inspections of all residential care facilities
3for the elderly.

4(f) (1) The department shall notify the residential care facility
5for the elderly in writing of all deficiencies in its compliance with
6the provisions of this chapter and the rules and regulations adopted
7pursuant to this chapter.

8(2) Unless otherwise specified in the plan of correction, the
9residential care facility for the elderly shall remedy the deficiencies
10within 10 days of the notification.

11(g) (1) Reports on the results of each inspection, evaluation,
12or consultation shall be kept on file in the department, and all
13inspection reports, consultation reports, lists of deficiencies, and
14plans of correction shall be open to public inspection.

15(2) (A) The department shall post on its Internet Web site
16information on how to obtain an inspection report.

17(B) It is the intent of the Legislature that the department shall
18make inspection reports available on its Internet Web site by
19January 1, 2020.

20(h) As a part of the department’s evaluation process, the
21department shall review the plan of operation, training logs, and
22marketing materials of any residential care facility for the elderly
23that advertises or promotes special care, special programming,
24or a special environment for persons with dementia to monitor
25compliance with Sections 1569.626 and 1569.627.

26(i) (1) The department shall design, or cause to be designed, a
27poster that contains information on the appropriate reporting
28agency in case of a complaint or emergency.

29(2) Each residential care facility for the elderly shall post this
30poster in the main entryway of its facility.

31(j) This section shall become operative on January 1, 2017.

end insert
32begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1596.871 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert

34

1596.871.  

The Legislature recognizes the need to generate
35timely and accurate positive fingerprint identification of applicants
36as a condition of issuing licenses, permits, or certificates of
37approval for persons to operate or provide direct care services in
38a child care center or family child care home. It is the intent of the
39Legislature in enacting this section to require the fingerprints of
40those individuals whose contact with child day care facility clients
P41   1may pose a risk to the children’s health and safety. An individual
2shall be required to obtain either a criminal record clearance or a
3criminal record exemption from the State Department of Social
4Services before his or her initial presence in a child day care
5facility.

6(a) (1) Before and, as applicable, subsequent to issuing a license
7or special permit to any person to operate or manage a day care
8facility, the department shall secure from an appropriate law
9enforcement agency a criminal record to determine whether the
10applicant or any other person specified in subdivision (b) has ever
11been convicted of a crime other than a minor traffic violation or
12arrested for any crime specified in subdivision (c) of Section 290
13of the Penal Code, or for violating Section 245, 273ab, or 273.5,
14subdivision (b) of Section 273a, or, prior to January 1, 1994,
15paragraph (2) of Section 273a, of the Penal Code, or for any crime
16for which the department is prohibited from granting a criminal
17record exemption pursuant to subdivision (f).

18(2) The criminal history information shall include the full
19criminal record, if any, of those persons, and subsequent arrest
20information pursuant to Section 11105.2 of the Penal Code.

21(3) Except during the 2003-04 to thebegin delete 2014-15end deletebegin insert 2016-17end insert fiscal
22years, inclusive, neither the Department of Justice nor the
23department may charge a fee for the fingerprinting of an applicant
24who will serve six or fewer children or any family day care
25applicant for a license, or for obtaining a criminal record of an
26applicant pursuant to this section.

27(4) The following shall apply to the criminal record information:

28(A) If the State Department of Social Services finds that the
29applicant or any other person specified in subdivision (b) has been
30convicted of a crime, other than a minor traffic violation, the
31application shall be denied, unless the director grants an exemption
32pursuant to subdivision (f).

33(B) If the State Department of Social Services finds that the
34applicant, or any other person specified in subdivision (b), is
35awaiting trial for a crime other than a minor traffic violation, the
36State Department of Social Services may cease processing the
37criminal record information until the conclusion of the trial.

38(C) If no criminal record information has been recorded, the
39Department of Justice shall provide the applicant and the State
40Department of Social Services with a statement of that fact.

P42   1(D) If the State Department of Social Services finds after
2licensure that the licensee, or any other person specified in
3paragraph (2) of subdivision (b), has been convicted of a crime
4other than a minor traffic violation, the license may be revoked,
5unless the director grants an exemption pursuant to subdivision
6(f).

7(E) An applicant and any other person specified in subdivision
8(b) shall submit fingerprint images and related information to the
9Department of Justice and the Federal Bureau of Investigation,
10through the Department of Justice, for a state and federal level
11criminal offender record information search, in addition to the
12search required by subdivision (a). If an applicant meets all other
13conditions for licensure, except receipt of the Federal Bureau of
14Investigation’s criminal history information for the applicant and
15persons listed in subdivision (b), the department may issue a license
16if the applicant and each person described by subdivision (b) has
17signed and submitted a statement that he or she has never been
18convicted of a crime in the United States, other than a traffic
19infraction as defined in paragraph (1) of subdivision (a) of Section
2042001 of the Vehicle Code. If, after licensure, the department
21determines that the licensee or person specified in subdivision (b)
22has a criminal record, the license may be revoked pursuant to
23Section 1596.885. The department may also suspend the license
24pending an administrative hearing pursuant to Section 1596.886.

25(b) (1) In addition to the applicant, this section shall be
26applicable to criminal record clearances and exemptions for the
27following persons:

28(A) Adults responsible for administration or direct supervision
29of staff.

30(B) Any person, other than a child, residing in the facility.

31(C) Any person who provides care and supervision to the
32children.

33(D) Any staff person, volunteer, or employee who has contact
34with the children.

35(i) A volunteer providing time-limited specialized services shall
36be exempt from the requirements of this subdivision if this person
37is directly supervised by the licensee or a facility employee with
38a criminal record clearance or exemption, the volunteer spends no
39more than 16 hours per week at the facility, and the volunteer is
40not left alone with children in care.

P43   1(ii) A student enrolled or participating at an accredited
2educational institution shall be exempt from the requirements of
3this subdivision if the student is directly supervised by the licensee
4or a facility employee with a criminal record clearance or
5exemption, the facility has an agreement with the educational
6institution concerning the placement of the student, the student
7spends no more than 16 hours per week at the facility, and the
8student is not left alone with children in care.

9(iii) A volunteer who is a relative, legal guardian, or foster parent
10of a client in the facility shall be exempt from the requirements of
11this subdivision.

12(iv) A contracted repair person retained by the facility, if not
13left alone with children in care, shall be exempt from the
14requirements of this subdivision.

15(v) Any person similar to those described in this subdivision,
16as defined by the department in regulations.

17(E) If the applicant is a firm, partnership, association, or
18corporation, the chief executive officer, other person serving in
19like capacity, or a person designated by the chief executive officer
20as responsible for the operation of the facility, as designated by
21the applicant agency.

22(F) If the applicant is a local educational agency, the president
23of the governing board, the school district superintendent, or a
24person designated to administer the operation of the facility, as
25designated by the local educational agency.

26(G) Additional officers of the governing body of the applicant,
27or other persons with a financial interest in the applicant, as
28determined necessary by the department by regulation. The criteria
29used in the development of these regulations shall be based on the
30person’s capability to exercise substantial influence over the
31operation of the facility.

32(H) This section does not apply to employees of child care and
33development programs under contract with the State Department
34of Education who have completed a criminal record clearance as
35part of an application to the Commission on Teacher Credentialing,
36and who possess a current credential or permit issued by the
37commission, including employees of child care and development
38programs that serve both children subsidized under, and children
39not subsidized under, a State Department of Education contract.
40The Commission on Teacher Credentialing shall notify the
P44   1department upon revocation of a current credential or permit issued
2to an employee of a child care and development program under
3contract with the State Department of Education.

4(I) This section does not apply to employees of a child care and
5development program operated by a school district, county office
6of education, or community college district under contract with
7the State Department of Education who have completed a criminal
8record clearance as a condition of employment. The school district,
9county office of education, or community college district upon
10receiving information that the status of an employee’s criminal
11record clearance has changed shall submit that information to the
12department.

13(2) Nothing in this subdivision shall prevent a licensee from
14requiring a criminal record clearance of any individuals exempt
15from the requirements under this subdivision.

16(c) (1) (A) Subsequent to initial licensure, a person specified
17in subdivision (b) who is not exempt from fingerprinting shall
18obtain either a criminal record clearance or an exemption from
19disqualification, pursuant to subdivision (f), from the State
20Department of Social Services prior to employment, residence, or
21initial presence in the facility. A person specified in subdivision
22(b) who is not exempt from fingerprinting shall be fingerprinted
23and shall sign a declaration under penalty of perjury regarding any
24prior criminal convictions. The licensee shall submit fingerprint
25images and related information to the Department of Justice and
26the Federal Bureau of Investigation, through the Department of
27Justice, or comply with paragraph (1) of subdivision (h), prior to
28the person’s employment, residence, or initial presence in the child
29day care facility.

30(B) These fingerprint images and related information shall be
31electronically submitted to the Department of Justice in a manner
32approved by the State Department of Social Services and the
33Department of Justice for the purpose of obtaining a permanent
34set of fingerprints. A licensee’s failure to submit fingerprint images
35and related information to the Department of Justice or to comply
36with paragraph (1) of subdivision (h), as required in this section,
37shall result in the citation of a deficiency, and an immediate
38assessment of civil penalties in the amount of one hundred dollars
39($100) per violation per day for a maximum of five days, unless
40the violation is a second or subsequent violation within a 12-month
P45   1period in which case the civil penalties shall be in the amount of
2one hundred dollars ($100) per violation for a maximum of 30
3days, and shall be grounds for disciplining the licensee pursuant
4to Section 1596.885 or 1596.886. The State Department of Social
5Services may assess civil penalties for repeated or continued
6violations permitted by Sections 1596.99 and 1597.58. The
7fingerprint images and related information shall then be submitted
8to the department for processing. Within 14 calendar days of the
9receipt of the fingerprint images, the Department of Justice shall
10notify the State Department of Social Services of the criminal
11record information, as provided in this subdivision. If no criminal
12record information has been recorded, the Department of Justice
13shall provide the licensee and the State Department of Social
14Services with a statement of that fact within 14 calendar days of
15receipt of the fingerprint images. If new fingerprint images are
16required for processing, the Department of Justice shall, within 14
17calendar days from the date of receipt of the fingerprint images,
18notify the licensee that the fingerprints were illegible.

19(C) Documentation of the individual’s clearance or exemption
20shall be maintained by the licensee, and shall be available for
21inspection. When live-scan technology is operational, as defined
22in Section 1522.04, the Department of Justice shall notify the
23department, as required by that section, and notify the licensee by
24mail within 14 days of electronic transmission of the fingerprints
25to the Department of Justice, if the person has no criminal record.
26Any violation of the regulations adopted pursuant to Section
271522.04 shall result in the citation of a deficiency and an immediate
28assessment of civil penalties in the amount of one hundred dollars
29($100) per violation per day for a maximum of five days, unless
30the violation is a second or subsequent violation within a 12-month
31period in which case the civil penalties shall be in the amount of
32one hundred dollars ($100) per violation for a maximum of 30
33days, and shall be grounds for disciplining the licensee pursuant
34to Section 1596.885 or 1596.886. The department may assess civil
35penalties for repeated or continued violations, as permitted by
36Sections 1596.99 and 1597.58.

37(2) Except for persons specified in paragraph (2) of subdivision
38(b), the licensee shall endeavor to ascertain the previous
39employment history of persons required to be fingerprinted under
40this subdivision. If it is determined by the department, on the basis
P46   1of fingerprints submitted to the Department of Justice, that the
2person has been convicted of a sex offense against a minor, an
3offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or
4368 of the Penal Code, or a felony, the State Department of Social
5Services shall notify the licensee to act immediately to terminate
6the person’s employment, remove the person from the child day
7care facility, or bar the person from entering the child day care
8facility. The department may subsequently grant an exemption
9pursuant to subdivision (f). If the conviction was for another crime
10except a minor traffic violation, the licensee shall, upon notification
11by the State Department of Social Services, act immediately to
12either (1) terminate the person’s employment, remove the person
13from the child day care facility, or bar the person from entering
14the child day care facility; or (2) seek an exemption pursuant to
15subdivision (f). The department shall determine if the person shall
16be allowed to remain in the facility until a decision on the
17exemption is rendered. A licensee’s failure to comply with the
18department’s prohibition of employment, contact with clients, or
19presence in the facility as required by this paragraph shall result
20in a citation of deficiency and an immediate assessment of civil
21penalties by the department against the licensee, in the amount of
22one hundred dollars ($100) per violation per day for a maximum
23of five days, unless the violation is a second or subsequent violation
24within a 12-month period in which case the civil penalties shall
25be in the amount of one hundred dollars ($100) per violation for
26a maximum of 30 days, and shall be grounds for disciplining the
27licensee pursuant to Section 1596.885 or 1596.886.

28(3) The department may issue an exemption on its own motion
29pursuant to subdivision (f) if the person’s criminal history indicates
30that the person is of good character based on the age, seriousness,
31and frequency of the conviction or convictions. The department,
32in consultation with interested parties, shall develop regulations
33to establish the criteria to grant an exemption pursuant to this
34paragraph.

35(4) Concurrently with notifying the licensee pursuant to
36paragraph (3), the department shall notify the affected individual
37of his or her right to seek an exemption pursuant to subdivision
38(f). The individual may seek an exemption only if the licensee
39 terminates the person’s employment or removes the person from
P47   1the facility after receiving notice from the department pursuant to
2paragraph (3).

3(d) (1) For purposes of this section or any other provision of
4this chapter, a conviction means a plea or verdict of guilty or a
5conviction following a plea of nolo contendere. Any action that
6the department is permitted to take following the establishment of
7a conviction may be taken when the time for appeal has elapsed,
8when the judgment of conviction has been affirmed on appeal, or
9when an order granting probation is made suspending the
10imposition of sentence, notwithstanding a subsequent order
11pursuant to Sections 1203.4 and 1203.4a of the Penal Code
12permitting the person to withdraw his or her plea of guilty and to
13enter a plea of not guilty, or setting aside the verdict of guilty, or
14dismissing the accusation, information, or indictment. For purposes
15of this section or any other provision of this chapter, the record of
16a conviction, or a copy thereof certified by the clerk of the court
17or by a judge of the court in which the conviction occurred, shall
18be conclusive evidence of the conviction. For purposes of this
19section or any other provision of this chapter, the arrest disposition
20report certified by the Department of Justice, or documents
21admissible in a criminal action pursuant to Section 969b of the
22Penal Code, shall be prima facie evidence of conviction,
23notwithstanding any other law prohibiting the admission of these
24documents in a civil or administrative action.

25(2) For purposes of this section or any other provision of this
26chapter, the department shall consider criminal convictions from
27another state or federal court as if the criminal offense was
28committed in this state.

29(e) (1) The State Department of Social Services shall not use
30a record of arrest to deny, revoke, or terminate any application,
31license, employment, or residence unless the department
32investigates the incident and secures evidence, whether or not
33related to the incident of arrest, that is admissible in an
34administrative hearing to establish conduct by the person that may
35pose a risk to the health and safety of any person who is or may
36become a client.

37(2) The department shall not issue a criminal record clearance
38to a person who has been arrested for any crime specified in Section
39290 of the Penal Code, or for violating Section 245, 273ab, or
40273.5, or subdivision (b) of Section 273a of the Penal Code, or,
P48   1prior to January 1, 1994, paragraph (2) of Section 273a of the Penal
2Code, or for any crime for which the department is prohibited from
3granting a criminal record exemption pursuant to subdivision (f),
4prior to the department’s completion of an investigation pursuant
5to paragraph (1).

6(3) The State Department of Social Services is authorized to
7obtain any arrest or conviction records or reports from any law
8enforcement agency as necessary to the performance of its duties
9to inspect, license, and investigate community care facilities and
10individuals associated with a community care facility.

11(f) (1) After review of the record, the director may grant an
12exemption from disqualification for a license or special permit as
13specified in paragraphs (1) and (4) of subdivision (a), or for
14employment, residence, or presence in a child day care facility as
15specified in paragraphs (3), (4), and (5) of subdivision (c) if the
16director has substantial and convincing evidence to support a
17reasonable belief that the applicant and the person convicted of
18the crime, if other than the applicant, are of good character so as
19to justify issuance of the license or special permit or granting an
20exemption for purposes of subdivision (c). However, an exemption
21shall not be granted pursuant to this subdivision if the conviction
22was for any of the following offenses:

23(A) An offense specified in Section 220, 243.4, or 264.1,
24subdivision (a) of Section 273a, or, prior to January 1, 1994,
25paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289,
26subdivision (c) of Section 290, or Section 368, of the Penal Code,
27or was a conviction of another crime against an individual specified
28in subdivision (c) of Section 667.5 of the Penal Code.

29(B) A felony offense specified in Section 729 of the Business
30and Professions Code or Section 206 or 215, subdivision (a) of
31Section 347, subdivision (b) of Section 417, or subdivision (a) or
32(b) of Section 451 of the Penal Code.

33(2) The department shall not prohibit a person from being
34employed or having contact with clients in a facility on the basis
35of a denied criminal record exemption request or arrest information
36unless the department complies with the requirements of Section
371596.8897.

38(g) Upon request of the licensee, who shall enclose a
39self-addressed stamped postcard for this purpose, the Department
40of Justice shall verify receipt of the fingerprint images.

P49   1(h) (1) For the purposes of compliance with this section, the
2department may permit an individual to transfer a current criminal
3record clearance, as defined in subdivision (a), from one facility
4to another, as long as the criminal record clearance has been
5processed through a state licensing district office, and is being
6transferred to another facility licensed by a state licensing district
7office. The request shall be in writing to the department, and shall
8include a copy of the person’s driver’s license or valid
9identification card issued by the Department of Motor Vehicles,
10or a valid photo identification issued by another state or the United
11States government if the person is not a California resident. Upon
12request of the licensee, who shall enclose a self-addressed stamped
13envelope for this purpose, the department shall verify whether the
14individual has a clearance that can be transferred.

15(2) The State Department of Social Services shall hold criminal
16record clearances in its active files for a minimum of two years
17after an employee is no longer employed at a licensed facility in
18order for the criminal record clearances to be transferred.

19(3) The following shall apply to a criminal record clearance or
20exemption from the department or a county office with
21department-delegated licensing authority:

22(A) A county office with department-delegated licensing
23authority may accept a clearance or exemption from the
24department.

25(B) The department may accept a clearance or exemption from
26any county office with department-delegated licensing authority.

27(C) A county office with department-delegated licensing
28authority may accept a clearance or exemption from any other
29county office with department-delegated licensing authority.

30(4) With respect to notifications issued by the Department of
31Justice pursuant to Section 11105.2 of the Penal Code concerning
32an individual whose criminal record clearance was originally
33processed by the department or a county office with
34department-delegated licensing authority, all of the following shall
35apply:

36(A) The Department of Justice shall process a request from the
37department or a county office with department-delegated licensing
38authority to receive the notice, only if all of the following
39conditions are met:

P50   1(i) The request shall be submitted to the Department of Justice
2by the agency to be substituted to receive the notification.

3(ii) The request shall be for the same applicant type as the type
4for which the original clearance was obtained.

5(iii) The request shall contain all prescribed data elements and
6format protocols pursuant to a written agreement between the
7department and the Department of Justice.

8(B) (i) On or before January 7, 2005, the department shall notify
9the Department of Justice of all county offices that have
10department-delegated licensing authority.

11(ii) The department shall notify the Department of Justice within
1215 calendar days of the date on which a new county office receives
13department-delegated licensing authority or a county’s delegated
14licensing authority is rescinded.

15(C) The Department of Justice shall charge the department or
16a county office with department-delegated licensing authority a
17fee for each time a request to substitute the recipient agency is
18received for purposes of this paragraph. This fee shall not exceed
19the cost of providing the service.

20(i) Notwithstanding any other law, the department may provide
21an individual with a copy of his or her state or federal level criminal
22offender record information search response as provided to that
23department by the Department of Justice if the department has
24denied a criminal background clearance based on this information
25and the individual makes a written request to the department for
26a copy specifying an address to which it is to be sent. The state or
27federal level criminal offender record information search response
28shall not be modified or altered from its form or content as provided
29by the Department of Justice and shall be provided to the address
30specified by the individual in his or her written request. The
31department shall retain a copy of the individual’s written request
32and the response and date provided.

33begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1597.09 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
34amended to read:end insert

35

1597.09.  

(a) Each licensed child day care center shall be
36subject to unannouncedbegin delete visitsend deletebegin insert inspectionsend insert by the department. The
37department shallbegin delete visitend deletebegin insert inspectend insert these facilities as often as necessary
38to ensure the quality of care provided.

P51   1(b) The department shall conduct an annual unannouncedbegin delete visit
2toend delete
begin insert inspection ofend insert a licensed child day care center under any of the
3following circumstances:

4(1) When a license is on probation.

5(2) When the terms of agreement in a facility compliance plan
6require an annualbegin delete evaluation.end deletebegin insert inspection.end insert

7(3) When an accusation against a licensee is pending.

8(4) In order to verify that a person who has been ordered out of
9a child day care center by the department is no longer at the facility.

10(c) (1) The department shall conduct an annual unannounced
11begin delete visit toend deletebegin insert inspection ofend insert no less than 20 percent of facilities not subject
12to anbegin delete evaluationend deletebegin insert inspectionend insert under subdivision (b). These
13unannouncedbegin delete visitsend deletebegin insert inspectionsend insert shall be conducted based on a
14random sampling methodology developed by the department.

15(2) If the total citations issued by the department exceed the
16previous year’s total by 10 percent, the following year the
17department shall increase the random sample by 10 percent of
18facilities not subject to anbegin delete evaluationend deletebegin insert inspectionend insert under subdivision
19(b). The department may request additional resources to increase
20the random sample by 10 percent.

21(d) Under no circumstance shall the departmentbegin delete visitend deletebegin insert inspectend insert a
22licensed child day care center less often than once every five years.

begin insert

23(e) This section shall remain in effect only until January 1, 2017,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2017, deletes or extends that date.

end insert
26begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1597.09 is added to the end insertbegin insertHealth and Safety
27Code
end insert
begin insert, to read:end insert

begin insert
28

begin insert1597.09.end insert  

(a) Each licensed child day care center shall be
29subject to unannounced inspections by the department. The
30department shall inspect these facilities as often as necessary to
31ensure the quality of care provided.

32(b) The department shall conduct an annual unannounced
33inspection of a licensed child day care center under any of the
34following circumstances:

35(1) When a license is on probation.

36(2) When the terms of agreement in a facility compliance plan
37require an annual inspection.

38(3) When an accusation against a licensee is pending.

P52   1(4) In order to verify that a person who has been ordered out
2of a child day care center by the department is no longer at the
3facility.

4(c) (1) The department shall conduct an annual unannounced
5inspection of no less than 30 percent of facilities not subject to an
6evaluation under subdivision (b).

7(2) These unannounced inspections shall be conducted based
8on a random sampling methodology developed by the department.

9(d) The department shall inspect a licensed child day care center
10at least once every three years.

11(e) This section shall become operative on January 1, 2017.

end insert
12begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1597.55a of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
13amended to read:end insert

14

1597.55a.  

Every family day care home shall be subject to
15unannouncedbegin delete visitsend deletebegin insert inspectionsend insert by the department as provided in
16this section. The department shallbegin delete visitend deletebegin insert inspectend insert these facilities as
17often as necessary to ensure the quality of care provided.

18(a) The department shall conduct an announced site visit prior
19to the initial licensing of the applicant.

20(b) The department shall conduct an annual unannouncedbegin delete visit
21toend delete
begin insert inspection ofend insert a facility under any of the following circumstances:

22(1) When a license is on probation.

23(2) When the terms of agreement in a facility compliance plan
24require an annualbegin delete evaluation.end deletebegin insert inspection.end insert

25(3) When an accusation against a licensee is pending.

26(4) In order to verify that a person who has been ordered out of
27a family day care home by the department is no longer at the
28facility.

29(c) (1) The department shall conduct annual unannouncedbegin delete visits
30toend delete
begin insert inspections ofend insert no less than 20 percent of facilities not subject to
31anbegin delete evaluationend deletebegin insert inspectionend insert under subdivision (b). These unannounced
32begin delete visitsend deletebegin insert inspectionsend insert shall be conducted based on a random sampling
33methodology developed by the department.

34(2) If the total citations issued by the department exceed the
35previous year’s total by 10 percent, the following year the
36department shall increase the random sample by 10 percent of the
37facilities not subject to anbegin delete evaluationend deletebegin insert inspectionend insert under subdivision
38(b). The department may request additional resources to increase
39the random sample by 10 percent.

P53   1(d) Under no circumstance shall the departmentbegin delete visitend deletebegin insert inspectend insert a
2licensed family day care home less often than once every five
3years.

4(e) A public agency under contract with the department may
5make spot checks if it does not result in any cost to the state.
6However, spot checks shall not be required by the department.

7(f) The department or licensing agency shall make an
8unannounced sitebegin delete visitend deletebegin insert inspectionend insert on the basis of a complaint and
9a followupbegin delete visitend deletebegin insert inspectionend insert as provided in Section 1596.853.

10(g) An unannounced sitebegin delete visitend deletebegin insert inspectionend insert shall adhere to both
11of the following conditions:

12(1) Thebegin delete visitend deletebegin insert inspectionend insert shall take place only during the facility’s
13normal business hours or at any time family day care services are
14being provided.

15(2) The inspection of the facility shall be limited to those parts
16of the facility in which family day care services are provided or
17to which the children have access.

18(h) The department shall implement this section during periods
19that Section 1597.55b is not being implemented in accordance
20with Section 18285.5 of the Welfare and Institutions Code.

begin insert

21(i) This section shall remain in effect only until January 1, 2017,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2017, deletes or extends that date.

end insert
24begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 1597.55a is added to the end insertbegin insertHealth and Safety
25Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert1597.55a.end insert  

Every family day care home shall be subject to
27unannounced inspections by the department as provided in this
28section. The department shall inspect these facilities as often as
29necessary to ensure the quality of care provided.

30(a) The department shall conduct an announced site inspection
31prior to the initial licensing of the applicant.

32(b) The department shall conduct an annual unannounced
33inspection of a facility under any of the following circumstances:

34(1) When a license is on probation.

35(2) When the terms of agreement in a facility compliance plan
36require an annual inspection.

37(3) When an accusation against a licensee is pending.

38(4) In order to verify that a person who has been ordered out
39of a family day care home by the department is no longer at the
40facility.

P54   1(c) (1) The department shall conduct annual unannounced
2inspections of no less than 30 percent of facilities not subject to
3an inspection under subdivision (b).

4(2) These unannounced inspections shall be conducted based
5on a random sampling methodology developed by the department.

6(d) The department shall inspect a licensed family day care
7home at least once every three years.

8(e) A public agency under contract with the department may
9make spot checks if it does not result in any cost to the state.
10However, spot checks shall not be required by the department.

11(f) The department or licensing agency shall make an
12unannounced site inspection on the basis of a complaint and a
13followup inspection as provided in Section 1596.853.

14(g) An unannounced site inspection shall adhere to both of the
15following conditions:

16(1) The inspection shall take place only during the facility’s
17normal business hours or at any time family day care services are
18being provided.

19(2) The inspection of the facility shall be limited to those parts
20of the facility in which family day care services are provided or
21to which the children have access.

22(h) The department shall implement this section during periods
23that Section 1597.55b is not being implemented in accordance
24with Section 18285.5 of the Welfare and Institutions Code.

25(i) This section shall become operative on January 1, 2017.

end insert
26begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 18726 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
27amended to read:end insert

28

18726.  

begin insert (a)end insertbegin insertend insert There is hereby established in the State Treasury
29the California Senior Legislature Fund to receive contributions
30made pursuant to Section 18725. The Franchise Tax Board shall
31notify the Controller of both the amount of money paid by
32taxpayers in excess of their tax liability and the amount of refund
33money that taxpayers have designated pursuant to Section 18725
34to be transferred to the California Senior Legislature Fund. The
35Controller shall transfer from the Personal Income Tax Fund to
36the California Senior Legislature Fund an amount not in excess of
37the sum of the amounts designated by individuals pursuant to
38Section 18725 for payment into that fund.

begin insert

39(b) The California Senior Legislature Fund is the successor
40fund of the California Fund for Senior Citizens. All assets,
P55   1liabilities, revenues, and expenditures of the California Fund for
2Senior Citizens shall be transferred to, and become a part of, the
3California Senior Legislature Fund, as provided in Section 16346
4of the Government Code. Any references in state law to the
5California Fund for Senior Citizens shall be construed to refer to
6the California Senior Legislature Fund.

end insert
7begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 1095 of the end insertbegin insertUnemployment Insurance Codeend insert
8begin insert is amended to read:end insert

9

1095.  

The director shall permit the use of any information in
10his or her possession to the extent necessary for any of the
11following purposes and may require reimbursement for all direct
12costs incurred in providing any and all information specified in
13this section, except information specified in subdivisions (a) to
14(e), inclusive:

15(a) To enable the director or his or her representative to carry
16out his or her responsibilities under this code.

17(b) To properly present a claim for benefits.

18(c) To acquaint a worker or his or her authorized agent with his
19or her existing or prospective right to benefits.

20(d) To furnish an employer or his or her authorized agent with
21information to enable him or her to fully discharge his or her
22obligations or safeguard his or her rights under this division or
23Division 3 (commencing with Section 9000).

24(e) To enable an employer to receive a reduction in contribution
25rate.

26(f) To enable federal, state, or local governmental departments
27or agencies, subject to federal law, to verify or determine the
28eligibility or entitlement of an applicant for, or a recipient of, public
29social services provided pursuant to Division 9 (commencing with
30Section 10000) of the Welfare and Institutions Code, or Part A of
31Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
32seq.),begin delete whereend deletebegin insert whenend insert the verification or determination is directly
33connected with, and limited to, the administration of public social
34services.

35(g) To enable county administrators of general relief or
36assistance, or their representatives, to determine entitlement to
37locally provided general relief or assistance,begin delete whereend deletebegin insert whenend insert the
38determination is directly connected with, and limited to, the
39administration of general relief or assistance.

P56   1(h) To enable state or local governmental departments or
2agencies to seek criminal, civil, or administrative remedies in
3connection with the unlawful application for, or receipt of, relief
4provided under Division 9 (commencing with Section 10000) of
5the Welfare and Institutions Code or to enable the collection of
6expenditures for medical assistance services pursuant to Part 5
7(commencing with Section 17000) of Division 9 of the Welfare
8and Institutions Code.

9(i) To provide any law enforcement agency with the name,
10address, telephone number, birth date, social security number,
11physical description, and names and addresses of present and past
12employers, of any victim, suspect, missing person, potential
13witness, or person for whom a felony arrest warrant has been
14issued, when a request for this information is made by any
15investigator or peace officer as defined by Sections 830.1 and
16830.2 of the Penal Code, or by any federal law enforcement officer
17to whom the Attorney General has delegated authority to enforce
18federal search warrants, as defined under Sections 60.2 and 60.3
19of Title 28 of the Code of Federal Regulations, as amended, and
20when the requesting officer has been designated by the head of
21the law enforcement agency and requests this information in the
22course of and as a part of an investigation into the commission of
23a crime when there is a reasonable suspicion that the crime is a
24felony and that the information would lead to relevant evidence.
25The information provided pursuant to this subdivision shall be
26provided to the extent permitted by federal law and regulations,
27and to the extent the information is available and accessible within
28the constraints and configurations of existing department records.
29Any person who receives any information under this subdivision
30shall make a written report of the information to the law
31enforcement agency that employs him or her, for filing under the
32normal procedures of that agency.

33(1) This subdivision shall not be construed to authorize the
34release to any law enforcement agency of a general list identifying
35individuals applying for or receiving benefits.

36(2) The department shall maintain records pursuant to this
37subdivision only for periods required under regulations or statutes
38enacted for the administration of its programs.

P57   1(3) This subdivision shall not be construed as limiting the
2information provided to law enforcement agencies to that pertaining
3only to applicants for, or recipients of, benefits.

4(4) The department shall notify all applicants for benefits that
5release of confidential information from their records will not be
6protected should there be a felony arrest warrant issued against
7the applicant or in the event of an investigation by a law
8enforcement agency into the commission of a felony.

9(j) To provide public employee retirement systems in California
10with information relating to the earnings of any person who has
11applied for or is receiving a disability income, disability allowance,
12or disability retirement allowance, from a public employee
13retirement system. The earnings information shall be released only
14upon written request from the governing board specifying that the
15person has applied for or is receiving a disability allowance or
16disability retirement allowance from its retirement system. The
17request may be made by the chief executive officer of the system
18or by an employee of the system so authorized and identified by
19name and title by the chief executive officer in writing.

20(k) To enable the Division of Labor Standards Enforcement in
21the Department of Industrial Relations to seek criminal, civil, or
22administrative remedies in connection with the failure to pay, or
23the unlawful payment of, wages pursuant to Chapter 1
24(commencing with Section 200) of Part 1 of Division 2 of, and
25Chapter 1 (commencing with Section 1720) of Part 7 of Division
262 of, the Labor Code.

27(l) To enable federal, state, or local governmental departments
28or agencies to administer child support enforcement programs
29under Part D of Title IV of the federal Social Security Act (42
30U.S.C. Sec. 651 et seq.).

31(m) To provide federal, state, or local governmental departments
32or agencies with wage and claim information in its possession that
33will assist those departments and agencies in the administration
34of the Victims of Crime Program or in the location of victims of
35crime who, by state mandate or court order, are entitled to
36restitution that has been or can be recovered.

37(n) To provide federal, state, or local governmental departments
38or agencies with information concerning any individuals who are
39or have been:

P58   1(1) Directed by state mandate or court order to pay restitution,
2fines, penalties, assessments, or fees as a result of a violation of
3law.

4(2) Delinquent or in default on guaranteed student loans or who
5owe repayment of funds received through other financial assistance
6programs administered by those agencies. The information released
7by the director for the purposes of this paragraph shall not include
8unemployment insurance benefit information.

9(o) To provide an authorized governmental agency with any or
10all relevant information that relates to any specific workers’
11compensation insurance fraud investigation. The information shall
12be provided to the extent permitted by federal law and regulations.
13For the purposes of this subdivision, “authorized governmental
14agency” means the district attorney of any county, the office of
15the Attorney General, the Contractors’ State License Board, the
16Department of Industrial Relations, and the Department of
17Insurance. An authorized governmental agency may disclose this
18information to the State Bar, the Medical Board of California, or
19any other licensing board or department whose licensee is the
20subject of a workers’ compensation insurance fraud investigation.
21This subdivision shall not prevent any authorized governmental
22agency from reporting to any board or department the suspected
23misconduct of any licensee of that body.

24(p) To enable the Director of Consumer Affairs, or his or her
25representatives, to access unemployment insurance quarterly wage
26data on a case-by-case basis to verify information on school
27administrators, school staff, and students provided by those schools
28who are being investigated for possible violations of Chapter 8
29(commencing with Section 94800) of Part 59 of Division 10 of
30Title 3 of the Education Code.

31(q) To provide employment tax information to the tax officials
32of Mexico, if a reciprocal agreement exists. For purposes of this
33subdivision, “reciprocal agreement” means a formal agreement to
34exchange information between national taxing officials of Mexico
35and taxing authorities of the State Board of Equalization, the
36Franchise Tax Board, and the Employment Development
37Department. Furthermore, the reciprocal agreement shall be limited
38to the exchange of information that is essential for tax
39administration purposes only. Taxing authorities of the State of
40California shall be granted tax information only on California
P59   1residents. Taxing authorities of Mexico shall be granted tax
2information only on Mexican nationals.

3(r) To enable city and county planning agencies to develop
4economic forecasts for planning purposes. The information shall
5be limited to businesses within the jurisdiction of the city or county
6whose planning agency is requesting the information, and shall
7not include information regarding individual employees.

8(s) To provide the State Department of Developmental Services
9with wage and employer information that will assist in the
10collection of moneys owed by the recipient, parent, or any other
11legally liable individual for services and supports provided pursuant
12to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
13and Chapter 2 (commencing with Section 7200) and Chapter 3
14(commencing with Section 7500) of Division 7 of, the Welfare
15and Institutions Code.

16(t) To provide the State Board of Equalization with employment
17tax information that will assist in the administration of tax
18programs. The information shall be limited to the exchange of
19employment tax information essential for tax administration
20purposes to the extent permitted by federal law and regulations.

21(u) Nothing in this section shall be construed to authorize or
22permit the use of information obtained in the administration of this
23code by any private collection agency.

24(v) The disclosure of the name and address of an individual or
25business entity that was issued an assessment that included
26penalties under Section 1128 or 1128.1 shall not be in violation
27of Section 1094 if the assessment is final. The disclosure may also
28include any of the following:

29(1) The total amount of the assessment.

30(2) The amount of the penalty imposed under Section 1128 or
311128.1 that is included in the assessment.

32(3) The facts that resulted in the charging of the penalty under
33Section 1128 or 1128.1.

34(w) To enable the Contractors’ State License Board to verify
35the employment history of an individual applying for licensure
36pursuant to Section 7068 of the Business and Professions Code.

37(x) To provide any peace officer with the Division of
38Investigation in the Department of Consumer Affairs information
39pursuant to subdivision (i) when the requesting peace officer has
40been designated by the chief of the Division of Investigation and
P60   1requests this information in the course of and as part of an
2investigation into the commission of a crime or other unlawful act
3when there is reasonable suspicion to believe that the crime or act
4may be connected to the information requested and would lead to
5relevant information regarding the crime or unlawful act.

6(y) To enable the Labor Commissioner of the Division of Labor
7Standards Enforcement in the Department of Industrial Relations
8to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
9uninsured employers. The information shall be provided to the
10extent permitted by federal law and regulations.

11(z) To enable the Chancellor of the California Community
12Colleges, in accordance with the requirements of Section 84754.5
13of the Education Code, to obtain quarterly wage data, commencing
14January 1, 1993, on students who have attended one or more
15community colleges, to assess the impact of education on the
16employment and earnings of students, to conduct the annual
17evaluation of district-level and individual college performance in
18achieving priority educational outcomes, and to submit the required
19reports to the Legislature and the Governor. The information shall
20be provided to the extent permitted by federal statutes and
21regulations.

22(aa) To enable the Public Employees’ Retirement System to
23seek criminal, civil, or administrative remedies in connection with
24the unlawful application for, or receipt of, benefits provided under
25Part 3 (commencing with Section 20000) of Division 5 of Title 2
26of the Government Code.

27(ab) To enable the State Department of Education, the University
28of California, the California State University, and the Chancellor
29of the California Community Colleges, pursuant to the
30requirements prescribed by the federal American Recovery and
31Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
32wage data, commencing July 1, 2010, on students who have
33attended their respective systems to assess the impact of education
34on the employment and earnings of those students, to conduct the
35annual analysis of district-level and individual district or
36postsecondary education system performance in achieving priority
37educational outcomes, and to submit the required reports to the
38Legislature and the Governor. The information shall be provided
39to the extent permitted by federal statutes and regulations.

P61   1(ac) To provide the Agricultural Labor Relations Board with
2employee, wage, and employer information, for use in the
3investigation or enforcement of the
4Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
5Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
62 of the Labor Code). The information shall be provided to the
7extent permitted by federal statutes and regulations.

8(ad) (1) To enable the State Department of Health Care
9Services, the California Health Benefit Exchange, the Managed
10Risk Medical Insurance Board, and county departments and
11agencies to obtain information regarding employee wages,
12California employer names and account numbers, employer reports
13of wages and number of employees, and disability insurance and
14unemployment insurance claim information, for the purpose of:

15(A) Verifying or determining the eligibility of an applicant for,
16or a recipient of, state health subsidy programs, limited to the
17Medi-Cal Program, provided pursuant to Chapter 7 (commencing
18with Section 14000) of Part 3 of Division 9 of the Welfare and
19Institutionsbegin delete Code; the Healthy Families Program, provided pursuant
20to Part 6.2 (commencing with Section 12693) of Division 2 of the
21Insurance Code;end delete
begin insert Code,end insert and the Access for Infants and Mothers
22Program, provided pursuant to Part 6.3 (commencing with Section
2312695) of Division 2 of the Insurancebegin delete Code; whereend deletebegin insert Code, whenend insert
24 the verification or determination is directly connected with, and
25limited to, the administration of the state health subsidy programs
26referenced in this subparagraph.

27(B) Verifying or determining the eligibility of an applicant for,
28or a recipient of, federal subsidies offered through the California
29Health Benefit Exchange, provided pursuant to Title 22
30(commencing with Section 100500) of the Government Code,
31including federal tax credits and cost-sharing assistance pursuant
32to the federal Patient Protection and Affordable Care Act (Public
33Law 111-148), as amended by the federal Health Care and
34Education Reconciliation Act of 2010 (Public Law 111-152),begin delete whereend delete
35begin insert whenend insert the verification or determination is directly connected with,
36and limited to, the administration of the California Health Benefit
37Exchange.

38(C) Verifying or determining the eligibility of employees and
39employers for health coverage through the Small Business Health
40Options Program, provided pursuant to Section 100502 of the
P62   1Government Code,begin delete whereend deletebegin insert whenend insert the verification or determination
2is directly connected with, and limited to, the administration of
3the Small Business Health Options Program.

4(2) The information provided under this subdivision shall be
5subject to the requirements of, and provided to the extent permitted
6by, federal law and regulations, including Part 603 of Title 20 of
7the Code of Federal Regulations.

8(ae) To provide any peace officer with the Investigations
9Division of the Department of Motor Vehicles with information
10pursuant to subdivision (i), when the requesting peace officer has
11been designated by the Chief of the Investigations Division and
12requests this information in the course of, and as part of, an
13investigation into identity theft, counterfeiting, document fraud,
14or consumer fraud, and there is reasonable suspicion that the crime
15is a felony and that the information would lead to relevant evidence
16regarding the identity theft, counterfeiting, document fraud, or
17consumer fraud. The information provided pursuant to this
18subdivision shall be provided to the extent permitted by federal
19law and regulations, and to the extent the information is available
20and accessible within the constraints and configurations of existing
21department records. Any person who receives any information
22under this subdivision shall make a written report of the
23information to the Investigations Division of the Department of
24Motor Vehicles, for filing under the normal procedures of that
25division.

26(af) Until January 1, 2020, to enable the Department of Finance
27to prepare and submit the report required by Section 13084 of the
28Government Code that identifies all employers in California that
29employ 50 or more employees who receive benefits from the
30Medi-Cal program (Chapter 7 (commencing with Section 14000)
31of Part 3 of Division 9 of the Welfare and Institutions Code). The
32information used for this purpose shall be limited to information
33obtained pursuant to Section 11026.5 of the Welfare and
34Institutions Code and from the administration of personal income
35tax wage withholding pursuant to Division 6 (commencing with
36Section 13000) and the disability insurance program and may be
37disclosed to the Department of Finance only for the purpose of
38preparing and submitting the report and only to the extent not
39prohibited by federal law.

P63   1(ag) To provide, to the extent permitted by federal law and
2regulations, the Student Aid Commission with wage information
3in order to verify the employment status of an individual applying
4for a Cal Grant C award pursuant to subdivision (c) of Section
569439 of the Education Code.

6(ah) To enable the Department of Corrections and Rehabilitation
7to obtain quarterly wage data of former inmates who have been
8incarcerated within the prison system in order to assess the impact
9of rehabilitation services or the lack of these services on the
10employment and earnings of these former inmates. Quarterly data
11for a former inmate’s employment status and wage history shall
12be provided for a period of one year, three years, and five years
13following release. The data shall only be used for the purpose of
14tracking outcomes for former inmates in order to assess the
15effectiveness of rehabilitation strategies on the wages and
16employment histories of those formerly incarcerated. The
17information shall be provided to the department to the extent not
18prohibited by federal law.

begin insert

19(ai) To enable federal, state, or local government departments
20or agencies, or their contracted agencies, subject to federal law,
21including the confidentiality, disclosure, and other requirements
22set forth in Part 603 of Title 20 of the Code of Federal Regulations,
23to evaluate, research, or forecast the effectiveness of public social
24services programs administered pursuant to Division 9
25(commencing with Section 10000) of the Welfare and Institutions
26Code, or Part A of Subchapter IV of Chapter 7 of the federal Social
27Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation,
28research, or forecast is directly connected with, and limited to,
29the administration of the public social services programs.

end insert
30begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 9305 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
31amended to read:end insert

32

9305.  

(a) The funds for the California Senior Legislature shall
33be allocated from the Californiabegin delete Fund forend delete Seniorbegin delete Citizensend delete
34begin insert Legislature Fundend insert orbegin insert fromend insert private funds directed to the Legislature
35for the purpose of funding activities of the California Senior
36Legislature.

37(b) The California Senior Legislature may accept gifts and grants
38from any source, public or private, to help perform its functions,
39pursuant to Section 9304.

P64   1begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 11253.4 is added to the end insertbegin insertWelfare and
2Institutions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert11253.4.end insert  

(a) (1) On and after January 1, 2015, a child eligible
4for the Approved Relative Caregiver Funding Option Program in
5accordance with Section 11461.3, is not subject to the provisions
6of this chapter relating to CalWORKs, including, but not limited
7to, the provisions that relate to CalWORKs eligibility,
8welfare-to-work, time limits, or grant computation.

9(2) All of the following shall apply to a child specified in
10paragraph (1):

11(A) He or she shall receive the applicable regional CalWORKs
12grant for recipient in an assistance unit of one, pursuant to the
13exempt maximum aid payment set forth in Section 11450, and any
14changes to the CalWORKs grant amount shall apply to the grant
15described in this subparagraph.

16(B) Notwithstanding any other law, the CalWORKs grant of the
17child shall be paid by the county with payment responsibility as
18described in subdivision (b) of Section 11461.3, rather than the
19county of residence of the child, unless the child resides in the
20county with payment responsibility.

21(C) For an assistance unit described in subparagraph (A),
22eligibility shall be determined in accordance with paragraph (3)
23of subdivision (a) of Section 672 of Title 42 of the United States
24Code and state law implementing those requirements for the
25purposes of Article 5 (commencing with Section 11400).

26(b) (1) Except as provided in paragraph (2), a person who is
27an approved relative caregiver with whom a child eligible in
28accordance with Section 11461.3 is placed, shall be exempt from
29Chapter 4.6 (commencing with Section 10830) of Part 2 governing
30the statewide fingerprint imaging system.

31(2) An approved relative caregiver who is also an applicant for
32or a recipient of benefits under this chapter shall comply with the
33statewide fingerprint imaging system requirements.

34(c) Notwithstanding Sections 11004 and 11004.1 or any other
35law, overpayments to an assistance unit described in subparagraph
36(A) of paragraph (2) of subdivision (a) shall be collected in
37accordance with subdivision (d) of Section 11461.3.

38(d) If an approved relative caregiver with whom a child eligible
39in accordance with 11461.3 is placed is also an applicant for or
P65   1a recipient of benefits under this chapter all of the following shall
2apply:

3(1) The applicant or recipient and each eligible child, excluding
4any child eligible in accordance with Section 11461.3, shall receive
5aid in an assistance unit separate from the assistance unit
6described in subparagraph (A) of paragraph (2) of subdivision
7(a), and the CalWORKs grant of the assistance unit shall be paid
8by the county of residence of the assistance unit.

9(2) For purposes of calculating the grant of the assistance unit,
10the number of eligible needy persons on which the grant is based
11pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
12not include any child eligible in accordance with Section 11461.3.

13(3) For purposes of calculating minimum basic standards of
14adequate care for the assistance unit, any child eligible in
15accordance with Section 11461.3 shall be included as an eligible
16needy person in the same family pursuant to paragraph (2) of
17subdivision (a) of Section 11452.

18(e) This section shall apply retroactively to a child eligible for
19the Approved Relative Caregiver Funding Option Program and
20his or her approved relative caregiver as of January 1, 2015.

end insert
21begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 11265.3 of the end insertbegin insertWelfare and Institutions Codeend insert
22begin insert is amended to read:end insert

23

11265.3.  

(a) In addition to submitting the semiannual report
24form as required in Section 11265.1, the department shall establish
25an income reporting threshold for recipients of CalWORKs.

26(b) The CalWORKs income reporting threshold shall be the
27lesser of the following:

28(1) Fifty-five percent of the monthly income for a family of
29three at the federal poverty level, plus the amount of income last
30used to calculate the recipient’s monthly benefits.

31(2) The amount likely to render the recipient ineligible for
32CalWORKs benefits.

33(3) The amount likely to render the recipient ineligible for
34federal Supplemental Nutrition Assistance Program benefits.

35(c) A recipient shall report to the county, orally or in writing,
36within 10 days, when any of the following occurs:

37(1) The monthly household income exceeds the threshold
38established pursuant to this section.

P66   1(2) The household address has changed. The act of failing to
2report an address change shall not, in and of itself, result in a
3reduction in aid or termination of benefits.

begin delete end deletebegin delete

4(3) A drug felony conviction, as specified in Section 11251.3.

end delete
begin delete end deletebegin delete

5(4)

end delete

6begin insert(3)end insert An incidence of an individual fleeing prosecution or custody
7or confinement, or violating a condition of probation or parole, as
8specified in Section 11486.5.

9(d) At least once per semiannual reporting period, counties shall
10inform each recipient of all of the following:

11(1) The amount of the recipient’s income reporting threshold.

12(2) The duty to report under this section.

13(3) The consequences of failing to report.

14(e) When a recipient reports income exceeding the reporting
15threshold, the county shall redetermine eligibility and the grant
16amount as follows:

17(1) If the recipient reports the increase in income for the first
18through fifth months of a current semiannual reporting period, the
19county shall verify the report and determine the recipient’s financial
20eligibility and grant amount.

21(A) If the recipient is determined to be financially ineligible
22based on the increase in income, the county shall discontinue the
23recipient with timely and adequate notice, effective at the end of
24the month in which the income was received.

25(B) If it is determined that the recipient’s grant amount should
26decrease based on the increase in income, the county shall reduce
27the recipient’s grant amount for the remainder of the semiannual
28reporting period with timely and adequate notice, effective the
29first of the month following the month in which the income was
30received.

31(2) If the recipient reports an increase in income for the sixth
32month of a current semiannual reporting period, the county shall
33not redetermine eligibility for the current semiannual reporting
34period, but shall consider this income in redetermining eligibility
35and the grant amount for the following semiannual reporting period,
36as provided in Sections 11265.1 and 11265.2.

37(f) Counties shall act upon changes in income voluntarily
38reported during the semiannual reporting period that result in an
39increase in benefits, only after verification specified by the
40department is received. Reported changes in income that increase
P67   1the grants shall be effective for the entire month in which the
2change is reported. If the reported change in income results in an
3increase in benefits, the county shall issue the increased benefit
4amount within 10 days of receiving required verification.

5(g) (1) When a decrease in gross monthly income is voluntarily
6reported and verified, the county shall recalculate the grant for the
7current month and any remaining months in the semiannual
8reporting period pursuant to Sections 11265.1 and 11265.2 based
9on the actual gross monthly income reported and verified from the
10voluntary report for the current month and the gross monthly
11income that is reasonably anticipated for any future months
12remaining in the semiannual reporting period.

13(2) When the anticipated income is determined pursuant to
14paragraph (1), and a grant amount is calculated based upon the
15new income, if the grant amount is higher than the grant currently
16in effect, the county shall revise the grant for the current month
17and any remaining months in the semiannual reporting period to
18the higher amount and shall issue any increased benefit amount
19as provided in subdivision (f).

20(h) During the semiannual reporting period, a recipient may
21report to the county, orally or in writing, any changes in income
22and household circumstances that may increase the recipient’s
23grant. Except as provided in subdivision (i), counties shall act only
24upon changes in household composition voluntarily reported by
25the recipients during the semiannual reporting period that result
26in an increase in benefits, after verification specified by the
27department is received. If the reported change in household
28composition is for the first through fifth month of the semiannual
29reporting period and results in an increase in benefits, the county
30shall recalculate the grant effective for the month following the
31month in which the change was reported. If the reported change
32in household composition is for the sixth month of a semiannual
33reporting period, the county shall not redetermine the grant for the
34current semiannual reporting period, but shall redetermine the
35grant for the following reporting period as provided in Sections
3611265.1 and 11265.2.

37(i) During the semiannual reporting period, a recipient may
38request that the county discontinue the recipient’s entire assistance
39unit or any individual member of the assistance unit who is no
40longer in the home or is an optional member of the assistance unit.
P68   1If the recipient’s request is verbal, the county shall provide a 10-day
2notice before discontinuing benefits. If the recipient’s request is
3in writing, the county shall discontinue benefits effective the end
4of the month in which the request is made, and simultaneously
5issue a notice informing the recipient of the discontinuance.

6(j) (1) This section shall become operative on April 1, 2013. A
7county shall implement the semiannual reporting requirements in
8accordance with the act that added this section no later than October
91, 2013.

10(2) Upon implementation described in paragraph (1), each
11county shall provide a certificate to the director certifying that
12semiannual reporting has been implemented in the county.

13(3) Upon filing the certificate described in paragraph (2), a
14county shall comply with the semiannual reporting provisions of
15this section.

16begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 11265.47 of the end insertbegin insertWelfare and Institutions Codeend insert
17begin insert is amended to read:end insert

18

11265.47.  

(a) The department shall establish an income
19reporting threshold for CalWORKs assistance units described in
20subdivision (a) of Section 11265.45.

21(b) The income reporting threshold described in subdivision (a)
22shall be the lesser of the following:

23(1) Fifty-five percent of the monthly income for a family of
24three at the federal poverty level, plus the amount of income last
25used to calculate the recipient’s monthly benefits.

26(2) The amount likely to render the recipient ineligible for
27federal Supplemental Nutrition Assistance Program benefits.

28(3) The amount likely to render the recipient ineligible for
29CalWORKs benefits.

30(c) A recipient described in subdivision (a) of Section 11265.45
31shall report to the county, orally or in writing, within 10 days,
32when any of the following occurs:

33(1) The monthly household income exceeds the threshold
34established pursuant to this section.

35(2) Any change in household composition.

36(3) The household address has changed.

begin delete end deletebegin delete

37(4) A drug felony conviction, as specified in Section 11251.3.

end delete
begin delete end deletebegin delete

38(5)

end delete

P69   1begin insert(4)end insert An incidence of an individual fleeing prosecution or custody
2or confinement, or violating a condition or probation or parole, as
3specified in Section 11486.5.

4(d) When a recipient described in subdivision (a) of Section
511265.45 reports income or a household composition change
6pursuant to subdivision (c), the county shall redetermine eligibility
7and grant amounts as follows:

8(1) If the recipient reports an increase in income or household
9composition change for the first through 11th months of a year,
10the county shall verify the report and determine the recipient’s
11 financial eligibility and grant amount.

12(A) If the recipient is determined to be financially ineligible
13based on the increase in income or household composition change,
14the county shall discontinue the recipient with timely and adequate
15notice, effective at the end of the month in which the change
16occurred.

17(B) If it is determined that the recipient’s grant amount should
18decrease based on the increase in income, or increase or decrease
19based on a change in household composition, the county shall
20increase or reduce the recipient’s grant amount for the remainder
21of the year with timely and adequate notice, effective the first of
22the month following the month in which the change occurred.

23(2) If the recipient reports an increase in income for the 12th
24month of a grant year, the county shall verify this report and
25 consider this income in redetermining eligibility and the grant
26amount for the following year.

27(e) During the year, a recipient described in subdivision (a) of
28Section 11265.45 may report to the county, orally or in writing,
29any changes in income that may increase the recipient’s grant.
30Increases in the grant that result from reported changes in income
31shall be effective for the entire month in which the change is
32reported and any remaining months in the year. If the reported
33change in income results in an increase in benefits, the county shall
34issue the increased benefit amount within 10 days of receiving
35required verification.

36(f) During the year, a recipient described in subdivision (a) of
37Section 11265.45 may request that the county discontinue the
38recipient’s entire assistance unit or any individual member of the
39assistance unit who is no longer in the home or is an optional
40 member of the assistance unit. If the recipient’s request is verbal,
P70   1the county shall provide a 10-day notice before discontinuing
2benefits. If the recipient’s request is in writing, the county shall
3discontinue benefits effective the end of the month in which the
4request is made, and simultaneously shall issue a notice informing
5the recipient of the discontinuance.

6(g) This section shall become operative on the first day of the
7first month following 90 days after the effective date of the act
8that added this section, or October 1, 2012, whichever is later.

9begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 11330.5 of the end insertbegin insertWelfare and Institutions Codeend insert
10begin insert is amended to read:end insert

11

11330.5.  

(a) begin delete A recipientend deletebegin insert The departmentend insert shallbegin delete be eligibleend delete
12begin insert award funds in accordance with subdivision (e)end insert tobegin delete receiveend deletebegin insert counties
13for the purpose of providingend insert
CalWORKs housing supportsbegin delete if the
14county determines that his or her family isend delete
begin insert to CalWORKs recipients
15who areend insert
experiencing homelessness or housing instability that
16would be a barrier to self-sufficiency or child well-being.

17(b) Notwithstanding subdivision (a), this section does not create
18an entitlement to housing supports, which are intended to be a
19service to CalWORKs families and not a form of assistance, to be
20provided to families at the discretion of the county.

21(c) It is the intent of the Legislature that housing supports
22provided pursuant to this article utilize evidence-based models,
23including those established in the federal Department of Housing
24and Urban Development’s Homeless Prevention and Rapid
25Re-Housing Program. Supports provided may include, but shall
26not be limited to, all of the following:

27(1) Financial assistance, including rental assistance, security
28deposits, utility payments, moving cost assistance, and motel and
29hotel vouchers.

30(2) Housing stabilization and relocation, including outreach and
31engagement, landlord recruitment, case management, housing
32search and placement, legal services, and credit repair.

33(d) The asset limit threshold specified in subdivision (f) of
34Section 11450 shall not be used to determine a family’s eligibility
35for receipt of housing supports provided pursuant to this article.

36(e) Funds appropriated for purposes of this article shall be
37begin delete allocatedend deletebegin insert awardedend insert to participating counties by the State Department
38of Social Services according tobegin delete an allocation methodologyend deletebegin insert criteriaend insert
39 developed by the department in consultation with the County
P71   1Welfare Directorsbegin delete Association.end deletebegin insert Association and Housing
2California.end insert

3(f) The department, in consultation with the County Welfare
4Directors Association andbegin insert Housing California andend insert other
5stakeholders, shall develop each of the following:

6(1) The criteria by which counties maybegin delete optend deletebegin insert be awarded fundsend insert
7 tobegin delete participate in providingend deletebegin insert provideend insert housing supports to eligible
8CalWORKs recipients pursuant to this article.

9(2) The proportion of funding to be expended on reasonable
10and appropriate administrative activities to minimize overhead
11and maximize services.

12(3) Tracking and reporting procedures.

13(g) The department, in consultation with appropriate legislative
14staff and the County Welfare Directors Association, shall
15determine, in a manner that reflects the legislative intent for the
16use of these funds and that is most beneficial to the overall
17CalWORKs program, whether housing supports provided with
18this funding are considered to be assistance or nonassistance
19 payments.

begin insert

20(h) Counties may continue to provide housing supports under
21this section to a recipient who is discontinued because he or she
22no longer meets the income eligibility requirements of Section
2311450.12.

end insert
24begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 11461.3 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is amended to read:end insert

26

11461.3.  

(a) The Approved Relative Caregiver Funding Option
27Program is hereby established for the purpose of making the
28amount paid to approved relative caregivers for the in-home care
29of children placed with them who are ineligible for AFDC-FC
30payments equal to the amount paid on behalf of children who are
31eligible for AFDC-FC payments. This is an optional program for
32counties choosing to participate, and in so doing, participating
33counties agree to the terms of this section as a condition of their
34participation. It is the intent of the Legislature that the funding
35described in paragraph (1) of subdivisionbegin delete (e)end deletebegin insert (g)end insert for the Approved
36Relative Caregiver Funding Option Program be appropriated, and
37available for use from January through December of each year,
38unless otherwise specified.

39(b) Subject to subdivisionbegin delete (c),end deletebegin insert (e),end insert effective January 1, 2015,
40begin insert participatingend insert counties shall pay an approved relative caregiver a
P72   1per child per month rate in return for the care and supervision, as
2defined in subdivision (b) of Section 11460, of a child that is placed
3with the relative caregiver that is equal to the basic rate paid to
4foster care providers pursuant to subdivision (g) of Section 11461,
5if both of the following conditions are met:

6(1) The county with payment responsibility has notified the
7department in writing by October 1 of the year before participation
8begins of its decision to participate in the Approved Relative
9Caregiver Funding Option Program.

10(2) The related child placed in the home meets all of the
11following requirements:

12(A) The child resides inbegin delete the State ofend delete California.

13(B) The child is described by subdivision (b), (c), or (e) of
14Section 11401 and the county welfare department or the county
15probation department is responsible for the placement and care of
16the child.

17(C) The child is not eligible for AFDC-FC while placed with
18the approved relative caregiver because the child is not eligible
19for federal financial participation in the AFDC-FC payment.

begin insert

20(c) Any income or benefits received by an eligible child or the
21approved relative caregiver on behalf of the eligible child that
22would be offset against the basic rate paid to a foster care provider
23pursuant to subdivision (g) of Section 11461, shall be offset from
24any funds that are not CalWORKs funds paid to the approved
25relative caregiver pursuant to this section.

end insert
begin insert

26(d) Participating counties shall recoup an overpayment in the
27Approved Relative Caregiver Funding Option Program received
28by an approved relative caregiver using the standards and
29processes for overpayment recoupment that are applicable to
30overpayments to an approved home of a relative, as specified in
31Section 11466.24. Recouped overpayments shall not be subject to
32remittance to the federal government. Any overpaid funds that are
33collected by the participating counties shall be remitted to the state
34after subtracting both of the following:

end insert
begin insert

35(1) An amount not to exceed the county share of the CalWORKs
36portion of the Approved Relative Caregiver Funding Option
37Program payment, if any.

end insert
begin insert

38(2) Any other county funds that were included in the Approved
39Relative Caregiver Funding Option Program payment.

end insert
begin delete

40(c)

end delete

P73   1begin insert(e)end insert A county’s election to participate in the Approved Relative
2Caregiver Funding Option Program shall affirmatively indicate
3that the county understands and agrees to all of the following
4conditions:

5(1) Commencing October 1, 2014, the county shall notify the
6department in writing of its decision to participate in the Approved
7Relative Caregiver Funding Option Program. Failure to make
8timely notification, without good cause as determined by the
9department, shall preclude the county from participating in the
10program for the upcomingbegin insert calendarend insert year. Annually thereafter, any
11county notbegin delete presentlyend deletebegin insert alreadyend insert participating who elects to do so shall
12notify the department in writing no later than October 1 of its
13decision to participate for the upcoming calendar year.

14(2) The county shall confirm that it will make per child per
15month payments to all approved relative caregivers on behalf of
16eligible children in the amount specified in subdivision (b) for the
17duration of the participation of the county in this program.

18(3) The county shall confirm that it will be solely responsible
19to pay any additional costs needed to make all payments pursuant
20to subdivision (b) if the state and federal funds allocated to the
21Approved Relative Caregiver Funding Option Program pursuant
22to paragraph (1) of subdivisionbegin delete (e)end deletebegin insert(g)end insert are insufficient to make all
23eligible payments.

begin delete

24(d)

end delete

25begin insert(f)end insert (1) A county deciding to opt out of the Approved Relative
26Caregiver Funding Option Program shall provide at least 120 days’
27prior written notice of that decision to the department. Additionally,
28the county shall provide at least 90 days’ prior written notice to
29the approved relative caregiver or caregivers informing them that
30his or her per child per month payment will be reduced and the
31date that the reduction will occur.

32(2) The department shall presumebegin insert thatend insert all counties have opted
33out of the Approved Relative Caregiver Funding Option Program
34if the funding appropriatedbegin insert for the current 12-month period is
35reduced below the amount specifiedend insert
inbegin delete subclause (II) of clause (i)
36of subparagraph (B)end delete
begin insert subparagraph (B), subparagraph (C), or
37subparagraph (D)end insert
of paragraphbegin delete (1)end deletebegin insert(2)end insert of subdivisionbegin delete (e), including
38any additional funds appropriated pursuant to clause (ii) of
39subparagraph (B) of paragraph (1) of subdivision (e), is reduced,end delete

40begin insert (g) for that 12-month period,end insert unless a county notifies the
P74   1department in writing of its intent to opt in within 60 days of
2enactment of the State Budget. The counties shall provide at least
390 days’ prior written notice to the approved relative caregiver or
4caregivers informing them that his or her per child per month
5payment will be reduced, and the date thatbegin delete theend delete reduction will occur.

6(3) Any reduction in payments received by an approved relative
7caregiver on behalf of a child under this section that results from
8a decision by a county, including the presumed opt-out pursuant
9to paragraph (2), to not participate in the Approved Relative
10Caregiver Funding Option Program shall be exempt from state
11hearing jurisdiction under Section 10950.

begin delete

12(e)

end delete

13begin insert(g)end insert (1) The following funding shall be used for the Approved
14Relative Caregiver Funding Option Program:

15(A) The applicable regional per-child CalWORKsbegin delete grant.end deletebegin insert grant,
16in accordance with subdivision (a) of Section 11253.4.end insert

17(B) begin delete (i)end deletebegin delete end deletebegin deleteend deletebegin delete end delete General Fundbegin delete resources that do not count toward the
18state’s maintenance of effort requirements under Section
19609(a)(7)(B)(i) of Title 42 of the United States Code. For this
20purpose, the following money is hereby appropriated:end delete
begin insert resources,
21as appropriated in paragraph (2).end insert

begin insert

22(C) County funds only to the extent required under paragraph
23(3) of subdivision (e).

end insert
begin insert

24(D) Funding described in subparagraphs (A) and (B) is intended
25to fully fund the base caseload of approved relative caregivers,
26which is defined as the number of approved relative caregivers
27 caring for a child who is not eligible to receive AFDC-FC
28payments, as of July 1, 2014.

end insert
begin insert

29(2) The following amount is hereby appropriated from the
30General Fund as follows:

end insert
begin delete

31(I)

end delete

32begin insert(A)end insert The sum ofbegin delete thirtyend deletebegin insert fifteenend insert million dollarsbegin delete ($30,000,000) from
33the General Fundend delete
begin insert ($15,000,000),end insert for the periodbegin insert ofend insert January 1, 2015,
34begin delete through December 31, 2015.end deletebegin insert to June 30, 2015, inclusive.end insert

begin insert

35(B) For the period of July 1, 2015 to June 30, 2016, inclusive,
36there shall be appropriated an amount equal to the sum of all of
37the following:

end insert
begin insert

38(i) Two times the amount appropriated pursuant to
39subparagraph (A), inclusive of any increase pursuant to paragraph
40(3).

end insert
begin insert

P75   1(ii) The amount necessary to increase or decrease the
2CalWORKs funding associated with the base caseload described
3in subparagraph (D) of paragraph (1) to reflect any change from
4the prior fiscal year in the applicable regional per-child
5CalWORKs grant described in subparagraph (A) of paragraph
6(1).

end insert
begin insert

7(iii) The additional amount necessary to fully fund the base
8caseload described in subparagraph (D) of paragraph (1),
9reflective of the annual California Necessities Index increase to
10the basic rate paid to foster care providers.

end insert
begin insert

11(C) For every 12-month period thereafter, commencing with
12the period of July 1, 2016 to June 30, 2017, inclusive, the sum of
13all of the following shall be appropriated for purposes of this
14section:

end insert
begin insert

15(i) The total General Fund amount provided pursuant to this
16paragraph for the previous 12-month period.

end insert
begin insert

17(ii) The amount necessary to increase or decrease the
18CalWORKs funding associated with the base caseload described
19in subparagraph (D) of paragraph (1) to reflect any change from
20the prior fiscal year in the applicable regional per-child
21CalWORKs grant described in subparagraph (A) of paragraph
22(1).

end insert
begin insert

23(iii) The additional amount necessary to fully fund the base
24caseload described in subparagraph (D) of paragraph (1),
25reflective of the annual California Necessities Index increase to
26the basic rate paid to foster care providers.

end insert
begin delete

27(II)

end delete

28begin insert(D)end insertbegin delete The sumend deletebegin insert Notwithstanding clauses (ii) and (iii)end insert ofbegin delete thirty
29million dollars ($30,000,000) fromend delete
begin insert subparagraph (B) and clauses
30(ii) and (iii) of subparagraph (C),end insert
thebegin insert totalend insert General Fundbegin delete in each
31calendar year thereafter, as cumulatively adjusted annually byend delete

32begin insert appropriation made pursuant to subparagraph (B) shall not be
33less thanend insert
thebegin delete California Necessities Index used for each May
34Revisionend delete
begin insert greaterend insert of thebegin delete Governor’s Budget, to be used in each
35respective calendar year.end delete
begin insert following amounts:end insert

begin insert

36(i) Thirty million dollars ($30,000,000).

end insert
begin insert

37(ii) Two times the amount appropriated pursuant to
38subparagraph (A), inclusive of any increase pursuant to paragraph
39(3).

end insert
begin delete

40(ii)

end delete

P76   1begin insert(3)end insert To the extent that the appropriation madebegin delete in subclause (I)end delete
2begin insert by subparagraph (A) of paragraph (2)end insert is insufficient to fully fund
3the base caseload of approved relative caregivers as of July 1,
42014,begin insert as described in subparagraph (D) of paragraph (1),end insert for the
5period ofbegin delete time described in subclause (I),end deletebegin insert January 1, 2015 to June
630, 2015, inclusive,end insert
as jointly determined by the department and
7the County Welfare Directors’ Association and approved by the
8Department of Finance on or before October 1, 2015, thebegin delete amountsend delete
9begin insert amountend insert specified inbegin delete subclauses (I) and (II)end deletebegin insert subparagraph (A) of
10paragraph (2)end insert
shall be increasedbegin delete inend deletebegin insert byend insert thebegin delete respective amountsend delete
11begin insert amountend insert necessary to fully fund that base caseload.begin delete Thereafter, the
12adjusted amount of subclause (II), and the other terms of that
13provision, including an annual California Necessities Index
14adjustment to its amount, shall apply.end delete

begin delete end deletebegin delete

15(C) County funds only to the extent required under paragraph
16(3) of subdivision (c).

end delete
begin delete end deletebegin delete end deletebegin delete

17(D) This section is intended to appropriate the funding necessary
18to fully fund the base caseload of approved relative caregivers,
19defined as the number of approved relative caregivers caring for
20a child who is not eligible to receive AFDC-FC payments, as of
21July 1, 2014.

end delete
begin delete end deletebegin delete

22(2)

end delete

23begin insert(4)end insert Funds available pursuant tobegin delete subparagraphs (A) and (B) ofend delete
24 paragraphbegin delete (1)end deletebegin insert (2)end insert shall be allocated to participating counties
25proportionate to the number of their approved relative caregiver
26placements, using a methodology and timing developed by the
27department, following consultation with county human services
28agencies and their representatives.

begin delete

29(3)

end delete

30begin insert(5)end insert Notwithstanding subdivisionbegin delete (c),end deletebegin insert (e),end insert if in any calendar year
31the entire amount of funding appropriated by the state for the
32Approved Relative Caregiver Funding Option Program has not
33been fully allocated to or utilized bybegin insert participatingend insert counties, a
34begin insert participatingend insert county that has paid any funds pursuant to
35subparagraph (C) of paragraph (1) of subdivisionbegin delete (e)end deletebegin insert (g)end insert may
36request reimbursement for those funds from the department. The
37authority of the department to approve the requests shall be limited
38by the amount of available unallocated funds.

begin delete

39(f)

end delete

P77   1begin insert(h)end insert An approved relative caregiver receiving payments on behalf
2of a child pursuant to this section shall not be eligible to receive
3additional CalWORKs payments on behalf of the same child under
4Section 11450.

begin delete

5(g)

end delete

6begin insert(i)end insert To the extent permitted by federal law, payments received
7by the approved relative caregiver from the Approved Relative
8Caregiver Funding Option Program shall not be considered income
9for the purpose of determining other public benefits.

begin delete

10(h)

end delete

11begin insert(j)end insert Prior to referral of any individual or recipient, or that person’s
12case, to the local child support agency for child support services
13pursuant to Section 17415 of the Family Code, the county human
14services agency shall determine if an applicant or recipient has
15good cause for noncooperation, as set forth in Section 11477.04.
16If the applicant or recipient claims good cause exception at any
17subsequent time to the county human services agency or the local
18child support agency, the local child support agency shall suspend
19child support services until the county social services agency
20determines the good cause claim, as set forth in Section 11477.04.
21If good cause is determined to exist, the local child support agency
22shall suspend child support services until the applicant or recipient
23requests their resumption, and shall take other measures that are
24necessary to protect the applicant or recipient and the children. If
25the applicant or recipient is the parent of the child for whom aid
26is sought and the parent is found to have not cooperated without
27good cause as provided in Section 11477.04, the applicant’s or
28recipient’s family grant shall be reduced by 25 percent for the time
29the failure to cooperate lasts.

begin delete

30(i)

end delete

31begin insert(k)end insert Consistent with Section 17552 of the Family Code, if aid is
32paid under this chapter on behalf of a child who is under the
33jurisdiction of the juvenile court and whose parent or guardian is
34receiving reunification services, the county human services agency
35shall determine, prior to referral of the case to the local child
36support agency for child support services, whether the referral is
37in the best interest of the child, taking into account both of the
38following:

39(1) Whether the payment of support by the parent will pose a
40barrier to the proposed reunification in that the payment of support
P78   1will compromise the parent’s ability to meet the requirements of
2the parent’s reunification plan.

3(2) Whether the payment of support by the parent will pose a
4barrier to the proposed reunification in that the payment of support
5will compromise the parent’s current or future ability to meet the
6financial needs of the child.

7begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 11477 of the end insertbegin insertWelfare and Institutions Codeend insert
8begin insert is amended to read:end insert

9

11477.  

As a condition of eligibility for aid paid under this
10chapter, each applicant or recipient shall do all of the following:

11(a) (1) Do either of the following:

12(i) For applications received before October 1, 2009, assign to
13the county any rights to support from any other person the applicant
14or recipient may have on his or her own behalf or on behalf of any
15other family member for whom the applicant or recipient is
16applying for or receiving aid, not exceeding the total amount of
17cash assistance provided to the family under this chapter. Receipt
18of public assistance under this chapter shall operate as an
19assignment by operation of law. An assignment of support rights
20to the county shall also constitute an assignment to the state. If
21support rights are assigned pursuant to this subdivision, the
22assignee may become an assignee of record by the local child
23support agency or other public official filing with the court clerk
24an affidavit showing that an assignment has been made or that
25there has been an assignment by operation of law. This procedure
26does not limit any other means by which the assignee may become
27an assignee of record.

28(ii) For applications received on or after October 1, 2009, assign
29to the county any rights to support from any other person the
30applicant or recipient may have on his or her own behalf, or on
31behalf of any other family member for whom the applicant or
32recipient is applying for or receiving aid. The assignment shall
33apply only to support that accrues during the period of time that
34the applicant is receiving assistance under this chapter, and shall
35not exceed the total amount of cash assistance provided to the
36family under this chapter. Receipt of public assistance under this
37chapter shall operate as an assignment by operation of law. An
38assignment of support rights to the county shall also constitute an
39assignment to the state. If support rights are assigned pursuant to
40this subdivision, the assignee may become an assignee of record
P79   1by the local child support agency or other public official filing
2with the court clerk an affidavit showing that an assignment has
3been made or that there has been an assignment by operation of
4law. This procedure does not limit any other means by which the
5assignee may become an assignee of record.

6(2) Support that has been assigned pursuant to paragraph (1)
7and that accrues while the family is receiving aid under this chapter
8shall be permanently assigned until the entire amount of aid paid
9has been reimbursed.

10(3) If the federal government does not permit states to adopt the
11same order of distribution for preassistance and postassistance
12child support arrears that are assigned on or after October 1, 1998,
13support arrears that accrue before the family receives aid under
14this chapter that are assigned pursuant to this subdivision shall be
15assigned as follows:

16(A) Child support assigned prior to January 1, 1998, shall be
17permanently assigned until aid is no longer received and the entire
18amount of aid has been reimbursed.

19(B) Child support assigned on or after January 1, 1998, but prior
20to October 1, 2000, shall be temporarily assigned until aid under
21this chapter is no longer received and the entire amount of aid paid
22has been reimbursed or until October 1, 2000, whichever comes
23first.

24(C) On or after October 1, 2000, support assigned pursuant to
25this subdivision that was not otherwise permanently assigned shall
26be temporarily assigned to the county until aid is no longer
27received.

28(D) On or after October 1, 2000, support that was temporarily
29assigned pursuant to this subdivision shall, when a payment is
30received from the federal tax intercept program, be temporarily
31assigned until the entire amount of aid paid has been reimbursed.

32(4) If the federal government permits states to adopt the same
33order of distribution for preassistance and postassistance child
34support arrears, child support arrears shall be assigned, as follows:

35(A) Child support assigned pursuant to this subdivision prior
36to October 1, 1998, shall be assigned until aid under this chapter
37is no longer received and the entire amount has been reimbursed.

38(B) On or after October 1, 1998, child support assigned pursuant
39to this subdivision that accrued before the family receives aid under
40this chapter and that was not otherwise permanentlybegin delete assigned,end delete
P80   1begin insert assignedend insert shall be temporarily assigned until aid under this chapter
2is no longer received.

3(C) On or after October 1, 1998, support that was temporarily
4assigned pursuant to this subdivision shall, when a payment is
5received from the federal tax intercept program, be temporarily
6assigned until the entire amount of aid paid has been reimbursed.

7(b) (1) Cooperate with the county welfare department and local
8child support agency in establishing the paternity of a child of the
9applicant or recipient born out of wedlock with respect to whom
10aid is claimed, and in establishing, modifying, or enforcing a
11support order with respect to a child of the individual for whom
12aid is requested or obtained, unless the applicant or recipient
13qualifies for a good cause exception pursuant to Section 11477.04.
14The granting of aid shall not be delayed or denied if the applicant
15is otherwise eligible, if the applicant completes the necessary forms
16and agrees to cooperate with the local child support agency in
17securing support and determining paternity, if applicable. The local
18child support agency shall have staff available, in person or by
19telephone, at all county welfare offices and shall conduct an
20interview with each applicant to obtain information necessary to
21establish paternity and establish, modify, or enforce a support order
22at the time of the initial interview with the welfare office. The local
23child support agency shall make the determination of cooperation.
24If the applicant or recipient attests under penalty of perjury that
25he or she cannot provide the information required by this
26subdivision, the local child support agency shall make a finding
27regarding whether the individual could reasonably be expected to
28provide the information before the local child support agency
29determines whether the individual is cooperating. In making the
30finding, the local child support agency shall consider all of the
31following:

32(A) The age of the child for whom support is sought.

33(B) The circumstances surrounding the conception of the child.

34(C) The age or mental capacity of the parent or caretaker of the
35child for whom aid is being sought.

36(D) The time that has elapsed since the parent or caretaker last
37had contact with the alleged father or obligor.

38(2) Cooperation includes all of the following:

39(A) Providing the name of the alleged parent or obligor and
40other information about that person if known to the applicant or
P81   1recipient, such as address, social security number, telephone
2number, place of employment or school, and the names and
3addresses of relatives or associates.

4(B) Appearing at interviews, hearings, and legal proceedings
5provided the applicant or recipient is provided with reasonable
6advance notice of the interview, hearing, or legal proceeding and
7does not have good cause not to appear.

8(C) If paternity is at issue, submitting to genetic tests, including
9genetic testing of the child, if necessary.

10(D) Providing any additional information known to or reasonably
11obtainable by the applicant or recipient necessary to establish
12paternity or to establish, modify, or enforce a child support order.

13(3) A recipient or applicant shall not be required to sign a
14voluntary declaration of paternity, as set forth in Chapter 3
15(commencing with Section 7570) of Part 2 of Division 12 of the
16Family Code, as a condition of cooperation.

17(c) (1) This section shall not apply if all of the adults are
18excluded from the assistance unit pursuant to Section 11251.3,
1911454, orbegin delete 11486.5.end deletebegin insert 11486.5, or if all eligible adults have been
20subject to Section 11327.5 for at least 12 consecutive months.end insert

21(2) It is the intent of the Legislature that the regular receipt of
22child support in the preceding reporting period be considered in
23determining reasonably anticipated income for the following
24reporting period.

25(3) In accordance with Sections 11265.2 and 11265.46, if the
26income of an assistance unit described in paragraph (1) includes
27reasonably anticipated income derived from child support, the
28amount established in Section 17504 of the Family Code and
29Section 11475.3 of the Welfare and Institutions Code of any
30amount of child support received each month shall not be
31considered income or resources and shall not be deducted from
32the amount of aid to which the assistance unit otherwise would be
33eligible.

34begin insert

begin insertSEC. 22.end insert  

end insert

begin insertThe heading of Chapter 5.6 (commencing with Section
3513300) of Part 3 of Division 9 of the end insert
begin insertWelfare and Institutions Codeend insert
36begin insert is amended to read:end insert

37 

38Chapter  5.6. begin deleteLegal Counsel for Unaccompanied
39Undocumented Minors end delete
begin insertServices for Undocumented Personsend insert
40

 

P82   1begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 13302 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

13302.  

Notwithstanding any other law:

4(a) Contractsbegin insert or grantsend insert awarded pursuant to this chapter shall
5be exempt from the personal services contracting requirements of
6Article 4 (commencing with Section 19130) of Chapter 5 of Part
72 of Division 5 of Title 2 of the Government Code.

8(b) Contractsbegin insert or grantsend insert awarded pursuant to this chapter shall
9be exempt from the Public Contract Code and the State Contracting
10Manual, and shall not be subject to the approval of the Department
11of General Services.

12(c) The client information and records of legal services provided
13pursuant to this chapter shall be subject to the requirements of
14Section 10850 and shall be exempt from inspection under the
15California Public Records Act (Chapter 3.5 (commencing with
16Section 6250) of Division 7 of Part 1 of the Government Code).

17(d) The state shall be immune from any liability resulting from
18the implementation of this chapter.

begin insert

19(e) Notwithstanding the rulemaking provisions of the
20Administrative Procedure Act (Chapter 3.5 (commencing with
21Section 11340) of Part 1 of Division 3 of Title 2 of the Government
22Code), the department may implement, interpret, or make specific
23this chapter without taking any regulatory action.

end insert
24begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 13303 is added to the end insertbegin insertWelfare and Institutions
25Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert13303.end insert  

(a) Subject to the availability of funding in the act that
27added this section or the annual Budget Act, the department shall
28provide grants, as described in subdivision (b), to organizations
29qualified under Section 13304.

30(b) Grants provided in accordance with subdivision (a) shall
31be for the purpose of providing one or more of the following
32services, as determined by the department:

33(1) Services to persons living in California, including all of the
34following:

35(A) Services to assist with the application process for initial or
36renewal requests of deferred action under the DACA policy with
37the United States Citizenship and Immigration Services.

38(B) Services to assist with the application process for initial or
39renewal requests of deferred action under the DAPA policy with
P83   1the United States Citizenship and Immigration Services, as
2federally established.

3(C) Services to help obtain other immigration remedies for
4people receiving DACA or DAPA application assistance.

5(D) Services to assist with the application process for
6naturalization and any appeals arising from the process.

7(2) Services to provide legal training and technical assistance
8to other organizations qualified under Section 13304.

9(c) For purposes of this chapter, the following terms shall have
10the following meanings:

11(1) “DACA” refers to Deferred Action for Childhood Arrivals
12status as described in guidelines issued by the United States
13Department of Homeland Security.

14(2) “DAPA” refers to Deferred Action for Parents of Americans
15and Lawful Permanent Residents or Deferred Action for Parental
16Accountability status as described in guidelines issued by the
17United States Department of Homeland Security.

18(3) “Services to assist” includes, but is not limited to, outreach,
19workshop presentations, document review, Freedom of Information
20Act requests, and screening services that seek to assist individuals
21with DACA, DAPA, naturalization, or other immigration remedies.

22(4) “Legal training and technical assistance” includes, but is
23not limited to, webinars, in-person trainings, and technical
24assistance in the form of answering questions via email, fax, or
25phone from organizations qualified under Section 13304 and their
26staff and volunteers that assist individuals with DACA, DAPA,
27naturalization, or other immigration remedies.

28(d) No more than 40 percent of grant funds awarded to an
29organization qualified under Section 13304 shall be advanced to
30that organization.

31(e) The department shall update the Legislature on the following
32information in the course of budget hearings:

33(1) The timeline for implementation of this section.

34(2) The participating organizations awarded contracts or grants.

35(3) The number of applications submitted.

36(4) The number of clients served.

37(5) The types of services provided and in what language or
38languages.

39(6) The regions served.

40(7) The ethnic communities served.

P84   1(8) The identification of further barriers and challenges to
2education, outreach, immigration assistance, and legal services
3related to naturalization and deferred action.

4(f) This section shall become operative on January 1, 2016.

end insert
5begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 13304 is added to the end insertbegin insertWelfare and Institutions
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert13304.end insert  

(a) Grants awarded pursuant to Section 13303 shall
8fulfill all of the following:

9(1) Be executed only with nonprofit organizations that meet the
10requirements set forth in Section 501(c)(3) or 501(c)(5) of the
11Internal Revenue Code and that meet all of the following
12requirements:

13(A) Except as provided in subparagraph (D), have at least three
14years of experience handling immigration cases.

15(B) Have conducted trainings on immigration issues for persons
16beyond their staff.

17(C) Are accredited by the Board of Immigration Appeals under
18the United States Department of Justice’s Executive Office for
19Immigration Review or meet the requirements to receive funding
20from the Trust Fund Program administered by the State Bar of
21California.

22(D) For a legal services organization that provides legal
23training and technical assistance as defined in subdivision (c) of
24Section 13303, have at least 10 years of experience conducting
25immigration legal services and technical assistance and meet the
26requirements to receive funding from the Trust Fund Program
27administered by the State Bar of California.

28(2) Require reporting, monitoring, or audits of services
29provided, as determined by the department.

30(3) Require grant recipients to maintain adequate legal
31malpractice insurance and to indemnify and hold the state harmless
32from any claims that arise from the legal services provided
33pursuant to this chapter.

34(b) This section shall become operative on January 1, 2016.

end insert
35begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 13305 is added to the end insertbegin insertWelfare and Institutions
36Code
end insert
begin insert, to read:end insert

begin insert
37

begin insert13305.end insert  

(a) Subject to the availability of funding in the act that
38added this section or the annual Budget Act, the department shall
39provide grants to organizations qualified under Section 13306 to
40provide free education and outreach information, services, and
P85   1materials about DACA, DAPA, naturalization, or other
2immigration remedies.

3(b) For purposes of this section, “education and outreach”
4activities means the dissemination of information or activities that
5promote the benefits of citizenship or deferred action and explain
6eligibility to prospective United States citizens or prospective
7individuals eligible for deferred action.

8(1) Education and outreach activities shall include referrals to
9educational or legal services that support the applicants’ eligibility
10for citizenship or deferred action and the importance of
11participating in civic engagement as a naturalized citizen.

12(2) Education and outreach activities do not include
13representation as legal counsel that would assist in the application
14process for a prospective citizen or prospective individual eligible
15for deferred action.

16(c) No more than 40 percent of grant funds awarded to an
17organization qualified under Section 13306 shall be advanced to
18that organization.

19(d) The department shall update the Legislature on the following
20information in the course of budget hearings:

21(1) The timeline for implementation of this section.

22(2) The participating organizations awarded contracts or grants.

23(3) The number of applications submitted.

24(4) The number of clients served.

25(5) The types of services provided and in what language or
26languages.

27(6) The regions served.

28(7) The ethnic communities served.

29(8) The identification of further barriers and challenges to
30education, outreach, immigration assistance, and legal services
31related to naturalization and deferred action.

32(e) This section shall become operative on January 1, 2016.

end insert
33begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 13306 is added to the end insertbegin insertWelfare and Institutions
34Code
end insert
begin insert, to read:end insert

begin insert
35

begin insert13306.end insert  

(a) Grants awarded pursuant to Section 13305 shall
36be provided only to nonprofit organizations that meet the
37requirements set forth in Section 501(c)(3) or 501(c)(5) of the
38Internal Revenue Code and have at least three years of experience
39with both of the following:

P86   1(1) Conducting education and outreach with immigrant
2populations.

3(2) Conducting outreach for government benefits and programs.

4(b) This section shall become operative on January 1, 2016.

end insert
5begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 14124.93 of the end insertbegin insertWelfare and Institutions Codeend insert
6begin insert is amended to read:end insert

7

14124.93.  

(a) The Department of Child Support Services shall
8provide payments to the local child support agency of fifty dollars
9($50) per case for obtaining third-party health coverage or
10insurance of beneficiaries, to the extent that funds are appropriated
11in the annual Budget Act.

12(b) A county shall be eligible for a payment if the county obtains
13third-party health coverage or insurance for applicants or recipients
14of Title IV-D services not previously covered, or for whom
15coverage has lapsed, and the county provides all required
16information on a form approved by both the Department of Child
17Support Services and the State Department of Health Care Services.

18(c) Payments to the local child support agency under this section
19shall be suspended for the 2003-04, 2004-05, 2005-06, 2006-07,
202007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13,
212013-14,begin insert 2014-15, 2015-16,end insert andbegin delete 2014-15end deletebegin insert 2016-17end insert fiscal years.

22begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 15753 is added to the end insertbegin insertWelfare and Institutions
23Code
end insert
begin insert, to read:end insert

begin insert
24

begin insert15753.end insert  

The department shall, to the extent funding for this
25purpose remains with the department, establish one full-time
26position that reports to the director to assist counties with the
27following functions in their operation of the adult protective
28services system:

29(a)  Facilitating the review and update of state policies and
30procedures to promote best casework practices throughout the
31state, and providing technical assistance to local programs to
32promote consistent statewide adherence to these policies.

33(b)  Developing recommended program goals, performance
34measures, and outcomes for the adult protective services system,
35and a strategic plan to accomplish these recommended goals,
36performance measures, and outcomes.

37(c)  Collaborating with other state departments and local
38communities that provide or oversee elder justice services to
39address the needs of elders and adults with disabilities and improve
40coordination and effectiveness of adult protective services.

P87   1(d) Exploring the development of a state data collection system
2that builds on existing statewide data and additionally tracks
3outcomes that will align with national data collection efforts.

4(e) Participating in national, statewide, and regional discussions
5on adult protective services and elder justice issues and providing
6information on California’s adult protective services programs.

7(f) Participating in the development of federal and state policy
8that responds to new and emergent needs and develops suggested
9quality assurance measures to be implemented at the local level.

10(g) Facilitating the development of a regionally based, ongoing,
11comprehensive and consistent statewide adult protective services
12training program that responds to new and emerging trends.

13(h) In collaboration with experts in the field, developing
14guidelines for local adult protective services programs that will
15make recommendations for local practice in following areas:

16(1) Caseload levels for adult protective services workers.

17(2) Availability of tangible services for local programs.

18(3) Educational and professional development of adult protective
19services workers.

20(4) Structure for 24 hour adult protective services response.

end insert
21begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 17600 of the end insertbegin insertWelfare and Institutions Codeend insert
22begin insert is amended to read:end insert

23

17600.  

(a) There is hereby created the Local Revenue Fund,
24which shall consist of the following accounts:

25(1) The Sales Tax Account.

26(2) The Vehicle License Fee Account.

27(3) The Vehicle License Collection Account.

28(4) The Sales Tax Growth Account.

29(5) The Vehicle License Fee Growth Account.

30(b) The Sales Tax Account shall have all of the following
31subaccounts:

32(1) The Mental Health Subaccount.

33(2) The Social Services Subaccount.

34(3) The Health Subaccount.

35(4) The CalWORKs Maintenance of Effort Subaccount.

36(5) The Family Support Subaccount.

37(6) The Child Poverty and Family Supplemental Support
38Subaccount.

39(c) The Sales Tax Growth Account shall have all of the
40following subaccounts:

P88   1(1) The Caseload Subaccount.

2(2) The County Medical Servicesbegin insert Programend insert Subaccount.

3(3) The General Growth Subaccount.

4(d) Notwithstanding Section 13340 of the Government Code,
5the Local Revenue Fund is hereby continuously appropriated,
6without regard to fiscal years, for the purpose of this chapter.

7(e) Moneys in the Local Revenue Fund shall be invested in the
8Surplus Money Investment Fund and all interest earned shall be
9distributed in January and July among the accounts and
10subaccounts in proportion to the amounts deposited into each
11subaccount.

12(f) This section shallbegin delete beend deletebegin insert become inoperative on August 1, 2015,
13and, as of January 1, 2016, is repealed, unless a later enacted
14statute, that becomesend insert
operative onbegin delete Julyend deletebegin insert or before Januaryend insert 1,begin delete 2013.end delete
15begin insert 2016, deletes or extends the dates on which it becomes inoperative
16and is repealed.end insert

17begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 17600 is added to the end insertbegin insertWelfare and Institutions
18Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert17600.end insert  

(a) There is hereby created the Local Revenue Fund,
20which shall consist of the following accounts:

21(1) The Sales Tax Account.

22(2) The Vehicle License Fee Account.

23(3) The Vehicle License Collection Account.

24(4) The Sales Tax Growth Account.

25(5) The Vehicle License Fee Growth Account.

26(b) The Sales Tax Account shall have all of the following
27subaccounts:

28(1) The Mental Health Subaccount.

29(2) The Social Services Subaccount.

30(3) The Health Subaccount.

31(4) The CalWORKs Maintenance of Effort Subaccount.

32(5) The Family Support Subaccount.

33(6) The Child Poverty and Family Supplemental Support
34Subaccount.

35(7) The County Medical Services Program Subaccount.

36(c) The Vehicle License Fee Account shall have all of the
37following subaccounts:

38(1) The Mental Health Subaccount.

39(2) The Social Services Subaccount.

40(3) The Health Subaccount.

P89   1(4) The CalWORKs Maintenance of Effort Subaccount.

2(5) The Family Support Subaccount.

3(6) The Child Poverty and Family Supplemental Support
4Subaccount.

5(7) The County Medical Services Program Subaccount.

6(d) The Sales Tax Growth Account shall have all of the following
7subaccounts:

8(1) The Caseload Subaccount.

9(2) The County Medical Services Program Growth Subaccount.

10(3) The General Growth Subaccount.

11(e) The Vehicle License Fee Growth Account shall have all of
12the following subaccounts:

13(1) The County Medical Services Program Growth Subaccount.

14(2) The General Growth Subaccount.

15(f) Notwithstanding Section 13340 of the Government Code, the
16Local Revenue Fund is hereby continuously appropriated, without
17regard to fiscal years, for the purpose of this chapter.

18(g) Moneys in the Local Revenue Fund shall be invested in the
19Surplus Money Investment Fund and all interest earned shall be
20distributed in January and July among the accounts and
21subaccounts in proportion to the amounts deposited into each
22subaccount.

23(h) This section shall be operative on August 1, 2015.

end insert
24begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 17600.10 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is amended to read:end insert

26

17600.10.  

(a) Each county and city and county receivingbegin insert sales
27tax and vehicle license feeend insert
funds in accordance with this chapter
28shall establish and maintain a local health and welfare trust fund
29comprised of the following accounts:

30(1) The mental health account.

31(2) The social services account.

32(3) The health account.

33(4) The CalWORKs Maintenance of Effort Subaccount.

34(5) The family support account.

35(b) Each city receiving funds in accordance with this chapter
36shall establish and maintain a local health and welfare trust fund
37comprised of a health account and a mental health account.

38begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 17600.15 of the end insertbegin insertWelfare and Institutions Codeend insert
39begin insert is amended to read:end insert

P90   1

17600.15.  

(a) Of the sales tax proceeds from revenues collected
2in the 1991-92 fiscal year which are deposited to the credit of the
3Local Revenue Fund, 51.91 percent shall be credited to the Mental
4Health Subaccount, 36.17 percent shall be credited to the Social
5Services Subaccount, and 11.92 percent shall be credited to the
6Health Subaccount of the Sales Tax Account.

7(b) For the 1992-93 fiscal year to the 2011-12 fiscal year,
8inclusive, of the sales tax proceeds from revenues deposited to the
9credit of the Local Revenue Fund, the Controller shall make
10monthly deposits to the Mental Health Subaccount, the Social
11Services Subaccount, and the Health Subaccount of the Sales Tax
12Account until the deposits equal the amounts that were allocated
13tobegin delete counties, cities,end deletebegin insert counties’, cities’,end insert and cities andbegin delete countiesend delete
14begin insert counties’end insert mental health accounts, social services accounts, and
15health accounts, respectively, of the local health and welfare trust
16funds in the prior fiscal year pursuant to this chapter from the Sales
17Tax Account and the Sales Tax Growth Account. Any excess sales
18tax revenues received pursuant to Sections 6051.2 and 6201.2 of
19the Revenue and Taxation Code shall be deposited in the Sales
20Tax Growth Account of the Local Revenue Fund.

21(c) (1) For the 2012-13 fiscal year, of the sales tax proceeds
22from revenues deposited to the credit of the Local Revenue Fund,
23the Controller shall make monthly deposits to the Social Services
24Subaccount and the Health Subaccount of the Sales Tax Account
25until the deposits equal the amounts that were allocated to
26 counties’, cities’, andbegin delete cityend deletebegin insert citiesend insert andbegin delete countiesend deletebegin insert counties’end insert social
27services accounts and health accounts, respectively, of the local
28health and welfare trust funds in the prior fiscal year pursuant to
29this chapter from the Sales Tax Account and the Sales Tax Growth
30Account.

31(2) For the 2012-13 fiscal year, of the sales tax proceeds from
32revenues deposited to the credit of the Local Revenue Fund, the
33Controller shall make monthly deposits to the Mental Health
34Subaccount of the Sales Tax Account until the deposits equal the
35amounts that were allocated to counties’, cities’, andbegin delete cityend deletebegin insert citiesend insert
36 andbegin delete countiesend deletebegin insert counties’end insert CalWORKs Maintenance of Effort
37Subaccounts pursuant to subdivision (a) of Section 17601.25, and
38any additional amounts above the amount specified in subdivision
39(a) of Section 17601.25, of the local health and welfare trust funds
40in the prior fiscal year pursuant to this chapter from the Sales Tax
P91   1Account and the Sales Tax Growth Account. The Controller shall
2not include in this calculation any funding deposited in the Mental
3Health Subaccount from the Support Services Growth Subaccount
4pursuant to Section 30027.9 of the Government Code or funds
5described in subdivision (c) of Section 17601.25.

6(3) Any excess sales tax revenues received pursuant to Sections
76051.2 and 6201.2 of the Revenue and Taxation Code after the
8allocations required by paragraphs (1) and (2) are made shall be
9deposited in the Sales Tax Growth Account of the Local Revenue
10Fund.

11(d) (1) For the 2013-14 fiscal year, of the sales tax proceeds
12from revenues deposited to the credit of the Local Revenue Fund,
13the Controller shall make monthly deposits pursuant to a schedule
14provided by the Department of Finance, which shall provide
15deposits to the Social Services Subaccount and the Health
16Subaccount of the Sales Tax Account until the deposits equal the
17amounts that were allocated to counties’, cities’, andbegin delete cityend deletebegin insert citiesend insert
18 and counties’ social services accounts and health accounts,
19respectively, of the local health and welfare trust funds in the prior
20fiscal year pursuant to this chapter from the Sales Tax Account
21and the Sales Tax Growth Account.

22(2) For the 2013-14 fiscal year, of the sales tax proceeds from
23revenues deposited to the credit of the Local Revenue Fund, the
24Controller shall make monthly deposits to the Mental Health
25Subaccount of the Sales Tax Account until the deposits equal the
26amounts that were allocated to counties’, cities’, and cities and
27counties’ CalWORKs Maintenance of Effort Subaccounts pursuant
28to subdivision (a) of Section 17601.25, and any additional amounts
29above the amount specified in subdivision (a) of Section 17601.25,
30of the local health and welfare trust funds in the prior fiscal year
31pursuant to this chapter from the Sales Tax Account and the Sales
32Tax Growth Account. The Controller shall not include in this
33calculation any funding deposited in the Mental Health Subaccount
34from the Support Services Growth Subaccount pursuant to Section
3530027.9 of the Government Code or funds described in subdivision
36(c) of Section 17601.25.

37(3) Any excess sales tax revenues received pursuant to Sections
386051.2 and 6201.2 of the Revenue and Taxation Code after the
39allocations required by paragraphs (1) and (2) are made shall be
P92   1deposited in the Sales Tax Growth Account of the Local Revenue
2Fund.

3(4) On a monthly basis, pursuant to a schedule provided by the
4Department of Finance, the Controller shall transfer funds from
5the Social Services Subaccount to the Health Subaccount in an
6amount that shall not exceed three hundred million dollars
7 ($300,000,000) for the 2013-14 fiscal year. The funds so
8transferred shall not be used in calculating future year deposits to
9the Social Services Subaccount or the Health Subaccount.

10(e) For the 2014-15 fiscal year and fiscal years thereafter,begin insert except
11as specified in paragraph (5),end insert
of the sales tax proceeds from
12revenues deposited to the credit of the Local Revenue Fund, the
13Controller shall make the following monthly deposits:

14(1) To the Social Services Subaccount of the Sales Tax Account,
15until the deposits equal the total amount that was deposited to the
16Social Services Subaccount in the prior fiscal year pursuant to this
17section, in addition to the amounts that were allocated to the social
18services accounts of the local health and welfare trust funds in the
19prior fiscal year pursuant to this chapter from the Sales Tax Growth
20Account.

21(2) To the Health Subaccount of the Sales Tax Account, until
22the deposits equal the total amount that was deposited to the Health
23Subaccount in the prior year from the Sales Tax Account in
24addition to the amounts that were allocated to the health accounts
25of the local health and welfare trust funds in the prior fiscal year
26pursuant to this chapter from the Sales Tax Growth Account.

27(3) To the Child Poverty and Family Supplemental Support
28Subaccount until the deposits equal the amounts that were
29deposited in the prior fiscal year from the Sales Tax Account and
30the Sales Tax Growth Account.

31(4) To the Mental Health Subaccount of the Sales Tax Account
32until the deposits equal the amounts that were allocated to
33counties’, cities’, and cities and counties’ CalWORKs Maintenance
34of Effort Subaccounts pursuant to subdivision (a) of Section
3517601.25, and any additional amounts above the amount specified
36in subdivision (a) of Section 17601.25 of the local health and
37welfare trust funds in the prior fiscal year pursuant to this chapter
38from the Sales Tax Account and the Sales Tax Growth Account.
39The Controller shall not include in this calculation any funding
40deposited in the Mental Health Subaccount from the Support
P93   1Services Growth Subaccount pursuant to Section 30027.9 of the
2Government Code or funds described in subdivision (c) of Section
317601.25.

4(5) begin insert (A)end insertbegin insertend insert Any excess sales tax revenues received pursuant to
5Sections 6051.2 and 6201.2 of the Revenue and Taxation Code
6after the allocations required by paragraphs (1) to (4), inclusive,
7are made shall be deposited in the Sales Tax Growth Account of
8the Local Revenue Fund.begin insert This subparagraph shall only apply to
9allocations made for the 2014-15 fiscal year.end insert

begin insert

10(B) For the 2015-16 fiscal year and for every fiscal year
11thereafter, any excess sales tax revenues received pursuant to
12Sections 6051.2 and 6201.2 of the Revenue and Taxation Code
13after the allocations required by paragraphs (1) to (4), inclusive,
14and subdivision (f) are made shall be deposited in the Sales Tax
15Growth Account of the Local Revenue Fund.

end insert

16(6) begin delete Onend deletebegin insert For the 2014-15 fiscal year, onend insert a monthly basis,
17pursuant to a schedule provided by the Department of Finance,
18the Controller shall transfer funds from the Social Services
19Subaccount to the Health Subaccount in an amount that shall not
20exceed one billion dollarsbegin delete ($1,000,000,000) in any fiscal year.end delete
21begin insert ($1,000,000,000).end insert The transfer schedule shall be based on the
22amounts that each county is receiving in vehicle license fees
23pursuant to this chapter. The funds so transferred shall not be used
24in calculating future year deposits to the Social Services
25Subaccount or the Health Subaccount.

begin insert

26(f) (1) For the 2015-16 fiscal year, the allocations to the County
27Medical Services Program Subaccount shall equal the amounts
28received in the prior fiscal year by the County Medical Services
29Program from the Sales Tax Account and the County Medical
30Services Program Subaccount of the Sales Tax Growth Account
31of the Local Revenue Fund, as adjusted by the calculations
32required under subdivision (a) of Section 17600.50.

end insert
begin insert

33(2) For the 2016-17 fiscal year and for every fiscal year
34thereafter, the allocations to the County Medical Services Program
35Subaccount shall equal the amounts received in the prior fiscal
36year by the County Medical Services Program Subaccount of the
37Sales Tax Account and the County Medical Services Program
38Growth Subaccount of the Sales Tax Growth Account of the Local
39Revenue Fund, as adjusted by the calculations required under
40subdivision (a) of Section 17600.50.

end insert
P94   1begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 17601.25 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

17601.25.  

(a) Notwithstanding any other law, beginning in
4the 2012-13 fiscal year, except for funds deposited in the Mental
5Health Subaccount from the Support Services Growth Subaccount
6pursuant to Section 30027.9 of the Government Code and the funds
7described in subdivision (c), any funds under this chapter or any
8other provision of Chapter 89 of the Statutes of 1991 that would
9otherwise have been deposited into each county’s or city and
10county’s mental health account subsequent to July 15 shall instead
11be deposited in the CalWORKs Maintenance of Effort Subaccount.
12However, in each fiscal year, the amount deposited in the
13CalWORKs Maintenance of Effort Subaccount shall not exceed
14one billion one hundred twenty million five hundred fifty-one
15thousand dollars ($1,120,551,000).

16(b) All of the funds deposited in the CalWORKs Maintenance
17of Effort Subaccount pursuant to subdivision (a) shall bebegin delete usedend delete
18begin insert allocatedend insert bybegin delete eachend deletebegin insert the Controller to counties or a city andend insert county
19begin insert based on schedules developed by the Department of Finance in
20consultation with the California State Association of Counties.
21Each countyend insert
or city and county that receives an allocationbegin delete ofend deletebegin insert shall
22useend insert
those funds to pay an increased county contribution toward
23the costs of CalWORKs grants. Each county’s total annual
24contribution pursuant to this section shall equal the total amount
25of funds deposited in the county’s CalWORKs Maintenance of
26Effort Subaccount during that fiscal year. The CalWORKs
27Maintenance of Effort Subaccount shall not be subject to the
28transferability provisions of Section 17600.20 and shall not be
29factored into the calculation of growth allocations pursuant to
30Article 7 (commencing with Sectionbegin delete 17606.05).end deletebegin insert 17606.10).end insert Each
31county’s contribution pursuant to this section and Section 17601.75
32shall be in addition to the share of cost required pursuant to Section
3315200.

34(c) There shall be a monthly allocation of ninety-three million
35three hundred seventy-nine thousand two hundred fifty-two dollars
36($93,379,252) from the Mental Health Account in the Local
37Revenue Fund 2011 to the Mental Health Subaccount pursuant to
38subdivision (a) of Sections 30027.5, 30027.6, 30027.7, and 30027.8
39of the Government Code.

P95   1begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 17603.05 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

17603.05.  

(a) Upon request of a county, the Controller may
4deposit all or a portion of the county’s allocation under this article
5into the County Medical Services Program Account of the County
6Health Services Fund.

7(b) Any deposit or transfer the Controller makes to the County
8Medical Services Program Account shall be deemed to be a deposit
9to the local health and welfare fund.

begin insert

10(c) This section shall become inoperative on July 1, 2015, and,
11as of January 1, 2016, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2016, deletes or
13extends the dates on which it becomes inoperative and is repealed.

end insert
14begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 17604 of the end insertbegin insertWelfare and Institutions Codeend insert
15begin insert is amended to read:end insert

16

17604.  

(a) All motor vehicle license fee revenues collected in
17the 1991-92 fiscal year that are deposited to the credit of the Local
18Revenue Fund shall be credited to the Vehicle License Fee Account
19of that fund.

20(b) (1) For the 1992-93 fiscal yearbegin delete andend deletebegin insert through the 2014-15end insert
21 fiscalbegin delete years thereafter,end deletebegin insert year, inclusive,end insert from vehicle license fee
22proceeds from revenues deposited to the credit of the Local
23Revenue Fund, the Controller shall make monthly deposits to the
24Vehicle License Fee Account of the Local Revenue Fund until the
25deposits equal the amounts that were allocated to counties, cities,
26and cities and countiesbegin delete as general purpose revenuesend delete in the prior
27fiscal year pursuant to this chapter from the Vehicle License Fee
28Account in the Local Revenue Fund and the Vehicle License Fee
29Account and the Vehicle License Fee Growth Account in the Local
30Revenue Fund.

31(2) Any excess vehicle fee revenues deposited into the Local
32Revenue Fund pursuant to Section 11001.5 of the Revenue and
33Taxation Code shall be deposited in the Vehicle License Fee
34Growth Account of the Local Revenue Fund.

35(3) The Controller shall calculate the difference between the
36total amount of vehicle license fee proceeds deposited to the credit
37of the Local Revenue Fund, pursuant to paragraph (1) of
38subdivision (a) of Section 11001.5 of the Revenue and Taxation
39Code, and deposited into the Vehicle License Fee Account for the
40period of July 16, 2009, to July 15, 2010, inclusive, and the amount
P96   1deposited for the period of July 16, 2010, to July 15, 2011,
2inclusive.

3(4) Of vehicle license fee proceeds deposited to the Vehicle
4License Fee Account after July 15, 2011, an amount equal to the
5difference calculated in paragraph (3) shall be deemed to have
6been deposited during the period of July 16, 2010, to July 15, 2011,
7inclusive, and allocated to cities, counties, and a city and county
8as if those proceeds had been received during the 2010-11 fiscal
9year.

10(c) (1) On or before the 27th day of each month, the Controller
11shall allocate to each county, city, or city and county,begin delete as general
12purpose revenuesend delete
the amounts deposited and remaining unexpended
13and unreserved on the 15th day of the month in the Vehicle License
14Fee Account of the Local Revenue Fund, in accordance with
15paragraphs (2) and (3).

16(2) For the 1991-92 fiscal year, allocations shall be made in
17accordance with the following schedule:


18

 

Jurisdiction

Allocation
Percentage

Alameda   

4.5046

Alpine   

0.0137

Amador   

0.1512

Butte   

0.8131

Calaveras   

0.1367

Colusa   

0.1195

Contra Costa   

2.2386

Del Norte   

0.1340

El Dorado   

0.5228

Fresno   

2.3531

Glenn   

0.1391

Humboldt   

0.8929

Imperial   

0.8237

Inyo   

0.1869

Kern   

1.6362

Kings   

0.4084

Lake   

0.1752

Lassen   

0.1525

Los Angeles   

37.2606 

Madera   

0.3656

Marin   

1.0785

Mariposa   

0.0815

Mendocino   

0.2586

Merced   

0.4094

Modoc   

0.0923

Mono   

0.1342

Monterey   

0.8975

Napa   

0.4466

Nevada   

0.2734

Orange   

5.4304

Placer   

0.2806

Plumas   

0.1145

Riverside   

2.7867

Sacramento   

2.7497

San Benito   

0.1701

San Bernardino   

2.4709

San Diego   

4.7771

San Francisco   

7.1450

San Joaquin   

1.0810

San Luis Obispo   

0.4811

San Mateo   

1.5937

Santa Barbara   

0.9418

Santa Clara   

3.6238

Santa Cruz   

0.6714

Shasta   

0.6732

Sierra   

0.0340

Siskiyou   

0.2246

Solano   

0.9377

Sonoma   

1.6687

Stanislaus   

1.0509

Sutter   

0.4460

Tehama   

0.2986

Trinity   

0.1388

Tulare   

0.7485

Tuolumne   

0.2357

Ventura   

1.3658

Yolo   

0.3522

Yuba   

0.3076

Berkeley   

0.0692

Long Beach   

0.2918

Pasadena   

0.1385

P98   213P98  26

 

3(3) For the 1992-93, 1993-94, and 1994-95 fiscal years and
4fiscal years thereafter, allocations shall be made in the same
5amounts as were distributed from the Vehicle License Fee Account
6and the Vehicle License Fee Growth Account in the prior fiscal
7year.

8(4) For the 1995-96 fiscal year, allocations shall be made in the
9same amounts as distributed in the 1994-95 fiscal year from the
10Vehicle License Fee Account and the Vehicle License Fee Growth
11Account after adjusting the allocation amounts by the amounts
12specified for the following counties:

 

Alpine   

  $(11,296)

Amador   

25,417

Calaveras   

49,892

Del Norte   

39,537

Glenn   

 (12,238)

Lassen   

17,886

Mariposa   

  (6,950)

Modoc   

 (29,182)

Mono   

  (6,950)

San Benito   

20,710

Sierra   

 (39,537)

Trinity   

 (48,009)

P98  26

 

27(5) (A) For the 1996-97 fiscal year and fiscal years thereafter,
28allocations shall be made in the same amounts as were distributed
29from the Vehicle License Fee Account and the Vehicle License
30Fee Growth Account in the prior fiscal year.

31(B) Initial proceeds deposited in the Vehicle License Fee
32Account in the 2003-04 fiscal year in the amount that would
33otherwise have been transferred pursuant to former Section 10754
34of the Revenue and Taxation Code for the period June 20, 2003,
35to July 15, 2003, inclusive, shall be deemed to have been deposited
36during the period June 16, 2003, to July 15, 2003, inclusive, and
37allocated to cities, counties, and a city and county during the
382002-03 fiscal year.

39(d) The Controller shall make monthly allocations from the
40amount deposited in the Vehicle License Collection Account of
P99   1the Local Revenue Fund to each county in accordance with a
2schedule to be developed by the State Department ofbegin delete State
3Hospitalsend delete
begin insert Health Care Servicesend insert in consultation with thebegin delete California
4Mentalend delete
begin insert County Behavioralend insert Health Directorsbegin delete Association,end delete
5begin insert Association of California,end insert which is compatible with the intent of
6the Legislature expressed in the act adding this subdivision.

7(e) begin delete Beforeend deletebegin insert For the 2013-14 and 2014-15 fiscal years, beforeend insert
8 making the monthly allocations in accordance with paragraph (5)
9of subdivision (c) and subdivision (d), and pursuant to a schedule
10provided by the Department of Finance, the Controller shall adjust
11the monthly distributions from the Vehicle License Fee Account
12to reflect an equal exchange of sales and use tax funds from the
13Social Services Subaccount to the Health Subaccount, as required
14by subdivisions (d) and (e) of Section 17600.15, and of Vehicle
15License Fee funds from the Health Account to the Social Services
16Account. Adjustments made to the Vehicle License Fee
17distributions pursuant to this subdivision shall not be used in
18calculating future year allocations to the Vehicle License Fee
19Account.

begin insert

20(f) For the 2015-16 fiscal year, of the vehicle license fee
21proceeds from revenues deposited to the credit of the Local
22Revenue Fund, the Controller shall make the following monthly
23deposits:

end insert
begin insert

24(1) To the Social Services Subaccount of the Vehicle License
25Fee Account, until the deposits equal the total amount that was
26allocated to the social services accounts of the local health and
27welfare trust funds in the prior fiscal year pursuant to this chapter
28from the Vehicle License Fee Account.

end insert
begin insert

29(2) To the Health Subaccount of the Vehicle License Fee
30Account, until the deposits equal the total amount that was
31allocated to the health accounts of the local health and welfare
32trust funds in the prior fiscal year pursuant to this chapter from
33the Vehicle License Fee Account and the Vehicle License Fee
34Growth Account.

end insert
begin insert

35(3) To the County Medical Services Program Subaccount of the
36Vehicle License Fee Account, until the deposits equal the total
37amount that was allocated to the County Medical Services Program
38in the prior fiscal year pursuant to this chapter from the Vehicle
39License Fee Account and the Vehicle License Fee Growth Account.

end insert
begin insert

P100  1(4) To the Child Poverty and Family Supplemental Support
2Subaccount until the deposits equal the amounts that were
3deposited in the prior fiscal year from the Vehicle License Fee
4Account and the Vehicle License Fee Growth Account.

end insert
begin insert

5(5) To the Mental Health Subaccount of the Vehicle License
6Fee Account until the deposits equal the amounts that were
7allocated to counties’, cities’, and cities and counties’ CalWORKs
8Maintenance of Effort Subaccounts pursuant to subdivision (a) of
9Section 17601.25, and any additional amounts above the amount
10specified in subdivision (a) of Section 17601.25 of the local health
11and welfare trust funds in the prior fiscal year pursuant to this
12chapter from the Vehicle License Fee Account and the Vehicle
13License Fee Growth Account. The Controller shall not include in
14this calculation any funding deposited in the Mental Health
15Subaccount from the Support Services Growth Subaccount
16pursuant to Section 30027.9 of the Government Code or funds
17described in subdivision (c) of Section 17601.25.

end insert
begin insert

18(6) Any excess vehicle license fee revenues received pursuant
19to Section 11001.5 of the Revenue and Taxation Code after the
20allocations required by paragraphs (1) to (5), inclusive, are made
21shall be deposited in the Vehicle License Fee Growth Account of
22the Local Revenue Fund.

end insert
begin insert

23(g) For the 2016-17 fiscal year and fiscal years thereafter, of
24the vehicle license fee proceeds from revenues deposited to the
25credit of the Local Revenue Fund, the Controller shall make the
26following monthly deposits:

end insert
begin insert

27(1) To the Social Services Subaccount until the deposits equal
28the amount that was deposited to the Social Services Subaccount
29in the prior fiscal year from the Vehicle License Fee Account.

end insert
begin insert

30(2) To the Health Subaccount until the deposits equal the total
31amounts that were deposited to the Health Subaccount in the prior
32fiscal year from the Vehicle License Fee Account and the Vehicle
33License Fee Growth Account.

end insert
begin insert

34(3) To the County Medical Services Program Subaccount until
35the deposits equal the total amounts that were deposited in the
36prior fiscal year to the County Medical Services Program
37Subaccount of the Vehicle License Fee Account and the County
38Medical Services Program Growth Subaccount of the Vehicle
39License Fee Growth Account.

end insert
begin insert

P101  1(4) To the Child Poverty and Family Supplemental Support
2Subaccount until the deposits equal the amounts that were
3deposited to the Child Poverty and Family Supplemental Support
4Subaccount in the prior fiscal year from the Vehicle License Fee
5Account and the Vehicle License Fee Growth Account.

end insert
begin insert

6(5) To the Mental Health Subaccount of the Vehicle License
7Fee Account until the deposits equal the amounts that were
8allocated to counties’, cities’, and cities and counties’ CalWORKs
9Maintenance of Effort Subaccounts pursuant to subdivision (a) of
10Section 17601.25, and any additional amounts above the amount
11specified in subdivision (a) of Section 17601.25 of the local health
12and welfare trust funds in the prior fiscal year pursuant to this
13chapter from the Vehicle License Fee Account and the Vehicle
14License Fee Growth Account. The Controller shall not include in
15this calculation any funding deposited in the Mental Health
16Subaccount from the Support Services Growth Subaccount
17pursuant to Section 30027.9 of the Government Code or funds
18described in subdivision (c) of Section 17601.25.

end insert
begin insert

19(6) Any excess vehicle license fee revenues received pursuant
20to Section 11001.5 of the Revenue and Taxation Code after the
21allocations required by paragraphs (1) to (5), inclusive, are made
22shall be deposited in the Vehicle License Fee Growth Account of
23the Local Revenue Fund.

end insert
24begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 17604.05 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is amended to read:end insert

26

17604.05.  

(a) With the exception of the deposits made into
27the Vehicle License Collection Account, upon request of a county,
28the Controller may deposit all or any portion of the county’s
29allocation under this article into the County Medical Services
30Program Account of the County Health Services Fund.

31(b) Deposits made pursuant to subdivision (a) shall be deemed
32to be deposits into a county’s or city’s local health and welfare
33trust fund pursuant to Section 17608.10.

begin insert

34(c) This section shall become inoperative on July 1, 2015, and,
35as of January 1, 2016, is repealed, unless a later enacted statute,
36that becomes operative on or before January 1, 2016, deletes or
37extends the dates on which it becomes inoperative and is repealed.

end insert
38begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 17605 of the end insertbegin insertWelfare and Institutions Codeend insert
39begin insert is amended to read:end insert

P102  1

17605.  

(a) For the 1992-93 fiscal year, the Controller shall
2deposit into the Caseload Subaccount of the Sales Tax Growth
3Account of the Local Revenue Fund, from revenues deposited into
4the Sales Tax Growth Account, an amount to be determined by
5the Department of Finance, that represents the sum of the shortfalls
6between the actual realignment revenues received by each county
7and each city and county from the Social Services Subaccount of
8the Local Revenue Fund in the 1991-92 fiscal year and the net
9costs incurred by each of those counties and cities and counties in
10the fiscal year for the programs described in Sections 10101,
1110101.1, 11322, 11322.2, and 12306, subdivisions (a), (b), (c),
12and (d) of Section 15200, and Sections 15204.2 and 18906.5. The
13Department of Finance shall provide the Controller with an
14allocation schedule on or before August 15, 1993, that shall be
15used by the Controller to allocate funds deposited to the Caseload
16Subaccount under this subdivision. The Controller shall allocate
17these funds no later than August 27, 1993.

18(b) (1) (A) For the 1993-94 fiscal year and fiscal years
19thereafter, the Controller shall deposit into the Caseload
20Subaccount of the Sales Tax Growth Account of the Local Revenue
21Fund, from revenues deposited into the Sales Tax Growth Account,
22an amount determined by the Department of Finance, in
23consultation with the appropriate state departments and the
24California State Association of Counties, that is sufficient to fund
25the net cost for the realigned portion of the county or city and
26county share of growth in social services caseloads, as specified
27in paragraph (2), and any share of growth from the previous year
28or years for which sufficient revenues were not available in the
29Caseload Subaccount. The Department of Finance shall provide
30the Controller with an allocations schedule on or before March 15
31of each year. The schedule shall be used by the Controller to
32allocate funds deposited into the Caseload Subaccount under this
33subdivision.

34(B) It is the intent of the Legislature that counties shall receive
35allocations from the Caseload Subaccount as soon as possible after
36funds are received in the Sales Tax Growth Account. The
37Department of Finance shall recommend to the Legislature, by
38January 10, 2005, a procedure to expedite the preparation and
39provision of the allocations schedule described in subparagraph
40(A) and the allocation of funds by the Controller.

P103  1(2) For purposes of this subdivision, “growth” means the
2increase in the actual caseload expenditures for the prior fiscal
3year over the actual caseload expenditures for the fiscal year
4preceding the prior fiscal year for the programs described in Section
512306, subdivisions (a), (b), (c), and (d) of Section 15200, and
6Sections 10101, 15204.2 and 18906.5 of this code, and for which
7funds are allocated pursuant to subdivision (b) of Section 123940
8of the Health and Safety Code.

9(3) The difference in caseload expenditures between the fiscal
10years shall be multiplied by the factors that represent the change
11in county or city and county shares of the realigned programs.
12These products shall then be added or subtracted, taking into
13account whether the county’s or city and county’s share of costs
14was increased or decreased as a result of realignment, to yield each
15county’s or city and county’s allocation for caseload growth.
16Allocations for counties or cities and counties with allocations of
17less than zero shall be set at zero.

18(c) begin delete On or beforeend deletebegin insert Annually,end insert thebegin delete 27th day of each month, theend delete
19 Controller shall allocate, to the local health and welfare trust fund
20social services account, the amounts deposited and remaining
21unexpended and unreservedbegin delete on the 15th day of the monthend delete in the
22Caseload Subaccount, pursuant to the schedules of allocations of
23caseload growth described in subdivisionbegin delete (b).end deletebegin insert (b), within 45 days
24of receiving those schedules from the Department of Finance.end insert
If
25there are insufficient funds to fully satisfy all caseload growth
26obligations, each county’s or city and county’s allocation for each
27program specified in subdivision (d) shall be prorated.

28(d) Prior to allocating funds pursuant to subdivision (b), to the
29extent that funds are available from funds deposited in the Caseload
30Subaccount in the Sales Tax Growth Account in the Local Revenue
31Fund, the Controller shall allocate moneys to counties or cities
32and counties to correct any inequity or inequities in the computation
33of the child welfare services portion of the schedule required by
34subdivision (a) of Section 17602.

35(e) (1) For the 2003-04 fiscal year, no Sales Tax Growth
36Account funds shall be allocated pursuant to this chapter until the
37caseload portion of the base of each county’s social services
38account in the county’s health and welfare trust fund is funded to
39the level of the 2001-02 fiscal year. Funds to meet this requirement
40shall be allocated from the Sales Tax Account of the Local Revenue
P104  1Fund. If sufficient funds are not available in the Sales Tax Account
2of the Local Revenue Fund to achieve that funding level in the
32003-04 fiscal year, this requirement shall be funded in each
4succeeding fiscal year in which there are sufficient funds in the
5Sales Tax Account of the Local Revenue Fund until the caseload
6base funding level for which each county would have otherwise
7been eligible in accordance with subdivision (e) of Section 17602
8for that year.

9(2) The caseload portion of each county’s social services account
10base shall be determined by subtracting its noncaseload portion of
11the base, as determined by the Department of Finance in its annual
12calculation of General Growth Account allocations, from the total
13base of each county’s social services account for the 2001-02
14fiscal year.

15begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 17605.05 of the end insertbegin insertWelfare and Institutions Codeend insert
16begin insert is repealed.end insert

begin delete
17

17605.05.  

(a) For the 1992-93 fiscal year and fiscal years
18thereafter, after satisfying the obligations set forth in Section
1917605, the Controller shall deposit into the Base Restoration
20Subaccount of the Sales Tax Growth Account of the Local Revenue
21Fund, the remainder of those revenues deposited in the Sales Tax
22Growth Account of the Local Revenue Fund, up to a cumulative
23amount, that, in conjunction with local matching funds pursuant
24to Section 17608.15, is sufficient to fund the difference between
25two billion two hundred nineteen million four hundred ten thousand
26two hundred sixty dollars ($2,219,410,260), less the amount
27allocated pursuant to subdivision (a) of Section 17605, and actual
28amounts distributed for the 1991-92 fiscal year pursuant to this
29chapter.

30(b) On or before the 27th day of each month, the Controller
31shall allocate to the appropriate accounts in the local health and
32welfare trust fund the amounts deposited and remaining
33unexpended and unreserved on the 15th day of the month in the
34Base Restoration Subaccount of the Sales Tax Growth Account
35pursuant to a schedule developed by the Department of Finance,
36in consultation with the appropriate state departments and the
37California State Association of Counties, based on each county’s,
38city’s, and city and county’s share of the funds determined pursuant
39to subdivision (a), including the adjustment made for individual
P105  1counties and cities and counties that received funds allocated
2pursuant to subdivision (a) of Section 17605.

3(c) For the 1994-95 fiscal year and fiscal years thereafter, in
4addition to the amount of mental health funding provided pursuant
5to Chapter 89 of the Statutes of 1991, five million dollars
6($5,000,000) shall be provided for restoration of mental health
7base funding included in subdivision (a) of Section 2 of Chapter
81323 of the Statutes of 1990.

end delete
9begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 17605.051 of the end insertbegin insertWelfare and Institutions
10Code
end insert
begin insert is amended to read:end insert

begin delete
11

17605.051.  

(a) Notwithstanding any other provision of law,
12upon request of the County Medical Services Program Governing
13Board, the Controller shall deposit amounts received pursuant to
14Sections 16809.3, 17603.05, 17604.05, 17605.07, and 17606.20
15into the County Medical Services Subaccount in lieu of depositing
16these amounts into the County Medical Services Program Account
17of the County Health Services Fund.

18(b) Deposits made pursuant to this section shall be treated in
19the same manner as deposits that are made into the County Medical
20Services Program Account of the County Health Services Fund.

21(c) 

end delete
22begin insert

begin insert17605.051.end insert  

end insert

Upon request of the County Medical Services
23Program Governing Board, the Controller shall transfer amounts
24deposited into the County Medical Servicesbegin insert Programend insert Subaccount
25to the County Medical Services Program Governing Board for the
26purposes described in subdivision (f) of Section 16809.

27begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 17605.07 of the end insertbegin insertWelfare and Institutions Codeend insert
28begin insert is amended to read:end insert

29

17605.07.  

(a) begin insert(1)end insertbegin insertend insert For the 1992-93 fiscal yearbegin delete and fiscal years
30thereafter,end delete
begin insert through the 2014-end insertbegin insert15 fiscal year, inclusive,end insert after
31satisfying the obligations set forth inbegin delete Sections 17605 and 17605.05,end delete
32begin insert Section 17605,end insert the Controller shall deposit into the County Medical
33Servicesbegin insert Programend insert Subaccount 4.027 percent of the amounts
34remaining and unexpended in the Sales Tax Growth Account of
35the Local Revenue Fund.

begin delete

36(b)

end delete

37begin insert(2)end insert If the amount deposited to the Caseload Subaccount of the
38Sales Tax Growth Account pursuant to subdivision (b) of Section
3917605 exceeds twenty million dollars ($20,000,000) for any fiscal
40year, then an additional amount equal to 4.027 percent of the
P106  1amount deposited to the Caseload Subaccount shall be deposited
2to the County Medical Services Program Subaccount of the Sales
3Tax Growth Account.

begin insert

4(b) (1) For the 2015-16 fiscal year and fiscal years thereafter,
5after satisfying the obligations set forth in Section 17605, the
6Controller shall deposit into the County Medical Services Program
7Growth Subaccount 4.027 percent of the amounts remaining and
8unexpended in the Sales Tax Growth Account of the Local Revenue
9Fund.

end insert
begin insert

10(2) If the amount deposited to the Caseload Subaccount of the
11Sales Tax Growth Account pursuant to subdivision (b) of Section
1217605 exceeds twenty million dollars ($20,000,000) for any fiscal
13year, then an additional amount equal to 4.027 percent of the
14amount deposited to the Caseload Subaccount shall be deposited
15to the County Medical Services Program Growth Subaccount of
16the Sales Tax Growth Account.

end insert
17begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 17605.08 of the end insertbegin insertWelfare and Institutions Codeend insert
18begin insert is repealed.end insert

begin delete
19

17605.08.  

(a) For the fiscal year following the first fiscal year
20in which funds are deposited into the Special Equity Subaccount,
21after satisfying the obligations set forth in Sections 17605 and
2217605.05, the Controller shall deposit into the Special Equity
23Subaccount any positive difference between ten million one
24hundred thousand dollars ($10,100,000) and the sum of (1) the
25amount allocated in the prior year to the Special Equity Subaccount
26pursuant to Section 17606.10 and (2) the amount of matching funds
27allocated in the prior fiscal year pursuant to Section 17606.20.

28(b) For each fiscal year following the first fiscal year described
29in subdivision (a), after satisfying the obligations set forth in
30Section 17605 and 17605.05, the Controller shall deposit any
31positive difference between seven million one hundred thousand
32dollars ($7,100,000) and the sum of the amounts allocated in the
33prior fiscal year to the Special Equity Subaccount pursuant to
34Section 17605.10 and the matching funds allocated in the prior
35fiscal year pursuant to Section 17606.20.

end delete
36begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 17605.10 of the end insertbegin insertWelfare and Institutions Codeend insert
37begin insert is repealed.end insert

begin delete
38

17605.10.  

(a) For the 1992-93 fiscal year and fiscal years
39thereafter, after satisfying the obligations set forth in Sections
4017605, 17605.05, 17605.07, and 17605.08, the Controller shall
P107  1deposit any funds remaining in the Sales Tax Growth Account of
2the Local Revenue Fund into the specified subaccounts according
3to the following schedule:


4

 

Account

 Allocation
 Percentage

The Indigent Health Equity Subaccount    

4.9388

The Community Health Equity Subaccount    

12.0937

The Mental Health Equity Subaccount    

3.9081

The State Hospital Mental Health Equity

Subaccount    

6.9377

The General Growth Subaccount    

64.0367

The Special Equity Subaccount    

8.0850

P107 14

 

15(b) Notwithstanding subdivision (a), after amounts have been
16deposited into the Indigent Health Equity Subaccount, the
17Community Health Equity Subaccount, the Mental Health Equity
18Subaccount, and the State Hospital Mental Health Equity
19Subaccount, which in conjunction with matching funds pursuant
20to Section 17606.20, comprise a cumulative total of two hundred
21seven million nine hundred thousand dollars ($207,900,000), or
22after the requirements of paragraph (2) of subdivision (c) of Section
2317606.05 have been satisfied, whichever is less, all additional
24funds that would be available for deposit into those subaccounts
25shall be deposited into any remaining subaccounts in proportion
26to their percentages in the schedule specified in subdivision (a).

27(c) Notwithstanding subdivision (a), after amounts have been
28deposited into the Special Equity Subaccount, which in conjunction
29with matching funds pursuant to Section 17606.20, comprise a
30cumulative total of thirty-eight million five hundred thousand
31dollars ($38,500,000), all additional funds that would be available
32for deposit into that subaccount shall be deposited into the
33remaining subaccounts in proportion to their percentages specified
34in subdivision (a).

35(d) Notwithstanding subdivision (a), cities shall not participate
36in the allocations from the State Hospital Mental Health Equity
37Subaccount and the Indigent Health Equity Subaccount. For
38purposes of calculating equity allocations among the counties and
39a city and county, the allocations of the Mental Health Equity
40Subaccount and the State Hospital Mental Health Equity
P108  1Subaccount shall be combined by consolidating the resource bases
2associated with each subaccount as the basis of calculating the
3poverty-population shortfall. The population portion of the
4calculation of allocations of the Mental Health Equity Subaccount
5and the State Hospital Mental Health Equity Subaccount shall be
6adjusted to ensure that cities receive an appropriate share of equity
7funds consistent with their operation of community programs, and
8the counties in which those cities are located receive an appropriate
9share reflecting the fact that counties provide the state hospital
10services in those counties.

end delete
11begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 17605.10 is added to the end insertbegin insertWelfare and
12Institutions Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert17605.10.end insert  

For the 2014-15 fiscal year and fiscal years
14thereafter, after satisfying the obligations set forth in Sections
1517605 and 17605.07, the Controller shall deposit any funds
16remaining in the Sales Tax Growth Account of the Local Revenue
17Fund into the General Growth Subaccount.

end insert
18begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 17606.05 of the end insertbegin insertWelfare and Institutions Codeend insert
19begin insert is repealed.end insert

begin delete
20

17606.05.  

(a) For the 1992-93 fiscal year, the Controller shall
21allocate to those counties that have a poverty-population shortfall,
22as described in subdivision (c), those funds deposited in the
23Indigent Health Equity Subaccount, the Community Health Equity
24Subaccount, the Mental Health Equity Subaccount, and the State
25Hospital Mental Health Equity Subaccount in accordance with the
26following tables and schedules:

27(1) The Controller shall make monthly allocations from the
28amounts deposited in the Indigent Health Equity Subaccount to
29the health account in the local health and welfare trust fund in
30accordance with the following schedule:


31

 

 

Allocation

County

Percentage

Alameda   

9.377

Contra Costa   

4.939

Fresno   

6.964

Kern   

4.362

Merced   

1.889

Monterey   

2.143

Placer   

 .959

Riverside   

7.059

Sacramento   

8.907

San Bernardino   

10.804 

San Diego   

15.927 

San Joaquin   

4.855

San Luis Obispo   

1.200

San Mateo   

3.159

Santa Barbara   

3.159

Santa Clara   

3.159

Stanislaus   

3.249

Tulare   

3.262

Ventura   

3.592

Yolo   

1.038

P109 1419P109 2732P109 383P109 29

 

15(2) The Controller shall make monthly allocations from the
16amounts deposited in the Community Health Equity Subaccount
17to the health account in the local health and welfare trust fund in
18accordance with the following schedule:

 

 

Allocation

County

Percentage

Butte   

1.11 

Calaveras   

.13

Del Norte   

.18

El Dorado   

.54

Fresno   

7.20 

Glenn   

.12

Humboldt   

.71

Imperial   

.72

Kern   

4.81 

Kings   

.62

Lake   

.35

Lassen   

.15

Madera   

.43

Marin   

.84

Mariposa   

.07

Mendocino   

.54

Merced   

1.53 

Modoc   

.05

Napa   

.50

Nevada   

.40

Placer   

.63

Plumas   

.12

Riverside   

7.66 

Sacramento   

8.01 

San Benito   

.15

San Bernardino   

11.76  

San Diego   

17.07  

San Joaquin   

3.91 

San Luis Obispo   

1.09 

Santa Clara   

13.88  

Shasta   

1.09 

Sierra   

.02

Siskiyou   

.25

Solano   

1.25 

Sonoma   

1.83 

Stanislaus   

2.90 

Sutter   

.67

Tehama   

.29

Tulare   

2.03 

Tuolumne   

.22

Ventura   

3.34 

Yolo   

.84

City of Berkeley   

__

City of Pasadena   

__

City of Long Beach   

__

P109 2732P109 383P109 29

 

28(3) The Controller shall make monthly allocations from the
29amounts deposited in the State Hospital Mental Health Equity
30Subaccount to the mental health account in the local health and
31welfare trust fund in accordance with the following schedule:

 

 

Allocation

County

Percentage

Amador   

.055

Butte   

1.957 

Calaveras   

.256

Del Norte   

.291

El Dorado   

1.011 

Fresno   

10.815  

Glenn   

.277

Humboldt   

.747

Imperial   

1.682 

Kern   

1.726 

Kings   

1.153 

Lake   

.470

Lassen   

.150

Madera   

1.192 

Mariposa   

.006

Mendocino   

.478

Merced   

2.924 

Modoc   

.007

Monterey   

.684

Nevada   

.021

Placer   

.450

Plumas   

.068

Riverside   

5.538 

Sacramento   

9.423 

San Benito   

.010

San Bernardino   

11.445  

San Diego   

19.331  

San Joaquin   

7.682 

San Luis Obispo   

1.119 

Santa Barbara   

.341

Santa Clara   

5.264 

Santa Cruz   

.271

Shasta   

.708

Siskiyou   

.529

Stanislaus   

3.309 

Sutter   

1.702 

Tehama   

.194

Trinity   

.054

Tulare   

5.074 

Tuolumne   

.104

Ventura   

1.377 

Yolo   

.105

City of Berkeley   

__

P109 383P109 29

 

39(4) The Controller shall make monthly allocations from the
40amounts deposited in the Mental Health Equity Subaccount to the
P112  1mental health account in the local health and welfare trust fund in
2accordance with the following schedule:

 

 

Allocation

County

Percentage

Butte   

 .379

Contra Costa   

6.066

Fresno   

7.113

Imperial   

 .711

Kern   

5.387

Lake   

 .490

Lassen   

 .045

Los Angeles   

28.142

Madera   

 .335

Merced   

1.955

Napa   

 .046

Orange   

2.794

Riverside   

6.448

Sacramento   

3.710

San Benito   

 .231

San Bernardino   

19.414 

Santa Cruz   

2.171

Shasta   

1.909

Solano   

5.117

Stanislaus   

3.717

Tulare   

3.604

Tuolumne   

 .217

City of Berkeley   

__

P109 29

 

30(b) (1) For the 1993-94 fiscal year and succeeding fiscal years,
31the Controller shall allocate, on a monthly basis, to the appropriate
32accounts of the local health and welfare trust fund those funds
33deposited into the Indigent Health Equity Subaccount, the
34Community Health Equity Subaccount, the Mental Health Equity
35Subaccount, and the State Hospital Mental Health Equity
36Subaccount in the Sales Tax Growth Account in accordance with
37a schedule prepared in accordance with subdivision (c) by the
38Department of Finance.

P113  1(2) The Department of Finance shall annually consult with the
2California State Association of Counties prior to submitting any
3schedule of allocations to the Controller.

4(3) If deposits into the Indigent Health Equity Subaccount, the
5Community Health Equity Subaccount, the Mental Health Equity
6Subaccount, and the State Hospital Mental Health Equity
7Subaccount are not sufficient to eliminate poverty-population
8shortfalls as described in subdivision (c), each eligible jurisdiction
9shall receive an allocation which equals its pro rata share of funds
10in the subaccount based on the jurisdiction’s percentage share of
11the poverty-population shortfall.

12(c) (1) A poverty-population percentage shall be computed
13annually by the Department of Finance for each county, city, and
14city and county by averaging each jurisdiction’s share of the state’s
15total population and each jurisdiction’s percentage share of the
16state’s total cash-grant certified CalWORKs and SSI/SSP eligible
17populations residing in the county, city, or city and county, as
18determined by the Department of Finance. For purposes of
19calculating the poverty-population percentage for the State Hospital
20Mental Health Equity Subaccount and the Indigent Health Equity
21Subaccount, beginning with the 1995-96 allocation, the population
22and poverty figures for the cities shall be assigned to the county
23in which each city is located.

24(2) (A) For each subaccount, the Department of Finance shall
25calculate the poverty-population shortfall for each county, city,
26and city or county, which received funding from the state, including
27any equity allocation made pursuant to this section, in the prior
28fiscal year and excluding any transfers to or from other subaccounts
29under Section 17600.20.

30(B) The poverty-population shortfalls shall be calculated for
31the following programs or funding sources:

32(i) State funding under Part 4.5 (commencing with Section
3316700), as operative on June 29, 1991, for indigent health
34programs.

35(ii) State funding under Part 4.5 (commencing with Section
3616700), as operative on June 29, 1991, for community health
37programs.

38(iii) Funding provided for purposes of the implementation of
39Division 5 (commencing with Section 5000) for the organization
40and financing of community mental health programs, including
P114  1funding for the purchase of state hospital services, funding for
2services provided by institutes for mental diseases, and funding
3for services provided for under Chapter 1294 of the Statutes of
41989.

5(C) The calculation shall identify the amount by which the
6allocations for the programs or funding sources identified in
7subparagraph (B) are less than the amount the jurisdiction would
8have received if its percentage share of the prior year funding had
9been equal to its poverty-population percentage.

10(D) The calculation of the poverty-population shortfall for clause
11(iii) of subparagraph (B) shall include all allocations received
12pursuant to Section 5701, including all distributions made pursuant
13to subdivision (b) of Section 5701, unless those funds are intended
14for pilot program or demonstration projects or are exempted from
15this requirement by other provisions of law. Poverty-population
16shortfall calculations shall not include funds received through the
17state mandates claim process.

18(E) (i) The Department of Finance shall recalculate the resource
19base used in determining the poverty-population shortfalls pursuant
20to subparagraph (B) for the 1994-95 fiscal year equity allocations
21according to this subparagraph. The resource base for each equity
22subaccount shall be reconstructed beginning with the resource
23bases to be used for allocating 1994-95 fiscal year growth.

24(ii) For the State Hospital Mental Health Equity Subaccount,
25the Department of Finance shall use the 1990-91 fiscal year State
26Hospital Mental Health allocations as reported by the State
27Department of Mental Health.

28(iii) For the Community Mental Health Equity Subaccount:

29(I) The Department of Finance shall use the following resources
30reported by the State Department of Mental Health:

31(ia) The final December 1992 distribution of resources
32associated with Institutes of Mental Disease.

33(ib) The 1990-91 fiscal year community mental health
34allocations.

35(ic) Allocations for services provided for under Chapter 1294
36of the Statutes of 1989.

37(II) The Department of Finance shall expand the resource base
38with the following nonrealigned funding sources, as allocated
39among counties:

P115  1(ia) 1991-92 fiscal year Cigarette and Tobacco Products Surtax
2allocations made under Chapter 1331 of the Statutes of 1989,
3Chapter 51 of the Statutes of 1990, and, for the 1994-95 fiscal
4year only, Chapter 1323 of the Statutes of 1990.

5(ib) 1993-94 fiscal year federal homeless block grant
6allocations.

7(ic) 1993-94 fiscal year mental health special education
8allocations.

9(id) 1993-94 fiscal year allocations for the system of care for
10children, in accordance with Chapter 1229 of the Statutes of 1992.

11(ie) 1993-94 fiscal year federal Substance Abuse and Mental
12Health Services Administration block grant funds.

13(iv) For the Community Health Equity Subaccount and the
14Indigent Health Equity Subaccount, the Department of Finance
15shall use the historical resource base as allocated among the
16counties, cities, and city and county, as reported by the State
17Department of Health Services in the September 17, 1991, report
18of Indigent and Community Health Resources.

19(v) The Department of Finance shall use these adjusted resource
20bases for the four equity subaccounts as provided in this
21subparagraph to calculate what the four 1994-95 fiscal year equity
22subaccount allocations would have been, and, together with
231994-95 fiscal year Base Restoration Subaccount allocations as
24adjusted according to subdivision (b) of Section 17605, to the
25Health and Mental Health Accounts, reconstruct the 1994-95 fiscal
26year realignment base for the 1995-96 allocation year for each
27city, county, and city and county for each equity subaccount. The
28Department of Finance shall use these adjusted resource bases to
29do both of the following:

30(I) Distribute equity allocations for the 1995-96 fiscal year.

31(II) With adjustments for growth in realigned funds, and annual
32changes that reflect funds allocated in the previous year from
33nonrealigned funds specified in this subdivision, calculate equity
34allocations in the 1996-97 fiscal year and fiscal years thereafter.

35(3) For each subaccount, the Department of Finance shall total
36the amounts calculated in paragraph (2) and determine the
37percentage of that total represented by each amount.

38(4) Each county’s, city’s, or city and county’s percentage share
39of each subaccount specified in subdivision (b) of Section 17606.05
40shall equal the percentage computed in paragraph (3).

P116  1(5) All calculations made pursuant to this subdivision shall be
2compiled and made available by the Department of Finance, upon
3request, to all counties, cities, and cities and counties eligible for
4funding pursuant to this subdivision, and cities and counties,
5receiving funding pursuant to this article at least 30 days prior to
6submission of schedules of allocations to the Controller.

end delete
7begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 17606.10 of the end insertbegin insertWelfare and Institutions Codeend insert
8begin insert is amended to read:end insert

9

17606.10.  

(a) For the 1992-93 fiscal year and subsequent
10fiscal years, the Controller shall allocate funds, onbegin delete a monthlyend deletebegin insert an
11annualend insert
basis from the General Growth Subaccount in the Sales
12Tax Growth Account to the appropriate accounts in the local health
13and welfare trust fund of each county, city, and city and county in
14accordance with a schedule setting forth the percentage of total
15state resources received in the 1990-91 fiscal year, including State
16Legalization Impact Assistance Grants distributed by the state
17under former Part 4.5 (commencing with Section 16700), funding
18provided for purposes of implementation of Division 5
19(commencing with Section 5000), for the organization and
20financing of community mental health services, including the
21Cigarette and Tobacco Products Surtax proceeds that are allocated
22to county mental health programs pursuant to Chapter 1331 of the
23Statutes of 1989, Chapter 51 of the Statutes of 1990, and Chapter
241323 of the Statutes of 1990, and state hospital funding and funding
25distributed for programs administered under Sections 1794,
2610101.1, and 11322.2, as annually adjusted by the Department of
27Finance, in conjunction with the appropriate state department to
28reflect changes in equity status from the base percentages.
29However, for the 1992-93 fiscal year, the allocation for community
30mental health services shall be based on the following schedule:


31

 

 

Percentage

 

of Statewide

Jurisdiction

Resource Base

Alameda   

4.3693

Alpine   

0.0128

Amador   

0.0941

Butte   

0.7797

Calaveras   

0.1157

Colusa   

0.0847

Contra Costa   

2.3115

Del Norte   

0.1237

El Dorado   

0.3966

Fresno   

3.1419

Glenn   

0.1304

Humboldt   

0.6175

Imperial   

0.5425

Inyo   

0.1217

Kern   

1.8574

Kings   

0.4229

Lake   

0.2362

Lassen   

0.1183

Los Angeles   

27.9666 

Madera   

0.3552

Marin   

0.9180

Mariposa   

0.0792

Mendocino   

0.4099

Merced   

0.8831

Modoc   

0.0561

Mono   

0.0511

Monterey   

1.1663

Napa   

0.3856

Nevada   

0.2129

Orange   

5.3423

Placer   

0.5034

Plumas   

0.1134

Riverside   

3.6179

Sacramento   

4.1872

San Benito   

0.1010

San Bernardino   

4.5494

San Diego   

7.8773

San Francisco   

3.5335

San Joaquin   

2.4690

San Luis Obispo   

0.6652

San Mateo   

2.5169

Santa Barbara   

1.0745

Santa Clara   

5.0488

Santa Cruz   

0.7960

Shasta   

0.5493

Sierra   

0.0345

Siskiyou   

0.2051

Solano   

0.6694

Sonoma   

1.1486

Stanislaus   

1.4701

Sutter/Yuba   

0.6294

Tehama   

0.2384

Trinity   

0.0826

Tulare   

1.4704

Tuolumne   

0.1666

Ventura   

1.9311

Yolo   

0.5443

Berkeley   

0.2688

Tri-City   

0.2347

P118 14

 

15(b) The Department of Finance shall recalculate the resource
16base used in determining the General Growth Subaccount
17allocations to the Health Account, Mental Health Account, and
18Social Services Account of the local health and welfare trust fund
19of each city, county, and city and county for the 1994-95 fiscal
20year general growth allocations according to subdivisions (c) and
21(d). For the 1995-96 fiscal year and annually until the end of the
222012-13 fiscal year, the Department of Finance shall prepare the
23schedule of allocations of growth based upon the recalculation of
24the resource base as provided by subdivision (c).

25(c) For the Mental Health Account, the Department of Finance
26shall do all of the following:

27(1) Use the following sources as reported by the State
28Department ofbegin delete State Hospitals:end deletebegin insert Health Care Services:end insert

29(A) The final December 1992 distribution of resources
30associated with Institutes for Mental Disease.

31(B) The 1990-91 fiscal year state hospitals and community
32mental health allocations.

33(C) Allocations for services provided for under Chapter 1294
34of the Statutes of 1989.

35(2) Expand the resource base with the following nonrealigned
36funding sources as allocated among the counties:

37(A) Tobacco surtax allocations made under Chapter 1331 of the
38Statutes of 1989 and Chapter 51 of the Statutes of 1990.

39(B) For the 1994-95 allocation year only, Chapter 1323 of the
40Statutes of 1990.

P119  1(C) 1993-94 fiscal year federal homeless block grant allocation.

2(D) 1993-94 fiscal year Mental Health Special Education
3allocations.

4(E) 1993-94 fiscal year allocations for the system of care for
5children, in accordance with Chapter 1229 of the Statutes of 1992.

6(F) 1993-94 fiscal year federal Substance Abuse and Mental
7Health Services Administration block grant allocations pursuant
8to Subchapter 1 (commencing with Section 10801) of Chapter 114
9of Title 42 of the United States Code.

10(d) begin delete Untilend deletebegin insert Forend insert thebegin delete end of the 2012-13 fiscal year, for theend delete Health
11Account, the Department of Finance shall use the historical
12resource base of state funds as allocated among the counties, cities,
13and city and county as reported by the former State Department
14of Health Services in a September 17, 1991, report of Indigent and
15Community Health Resources.

16(e) The Department of Finance shall use these adjusted resource
17bases for the Health Account and Mental Health Account to
18calculate what the 1994-95 fiscal year General Growth Subaccount
19allocations would have been, and together with 1994-95 fiscal
20year Base Restoration Subaccount allocations, CMSP subaccount
21allocations, equity allocations to the Health Account and Mental
22Health Account as adjusted by subparagraph (E) of paragraph (2)
23of subdivision (c) of Section 17606.05,begin insert as that subparagraph read
24on January 1, 2015,end insert
and special equity allocations to the Health
25Account and Mental Health Account as adjusted by subdivision
26(e) of Section 17606.15 reconstruct the 1994-95 fiscal year General
27Growth Subaccount resource base for the 1995-96 allocation year
28for each county, city, and city and county. Notwithstanding any
29other law, the actual 1994-95 general growth allocations shall not
30become part of the realignment base allocations to each county,
31city, and city and county. The total amounts distributed by the
32Controller for general growth for the 1994-95 allocation year shall
33be reallocated among the counties, cities, and city and county in
34the 1995-96 allocation year according to this paragraph, and shall
35be included in the general growth resource base for the 1996-97
36allocation year and each fiscal year thereafter. For the 1996-97
37allocation year and fiscal years thereafter, the Department of
38Finance shall update the base with actual growth allocations to the
39Health Account, Mental Health Account, and Social Services
40Account of each county, city, and city and county local health and
P120  1welfare trust fund in the prior year, and adjust for actual changes
2in nonrealigned funds specified in subdivision (c) in the year prior
3to the allocation year.

4(f) For the 2013-14 fiscal year and every fiscal year thereafter,
5the Controller shall do all of the following:

6(1) Allocate to the Mental Health Account of each county, city,
7or city and county based on a schedule provided by the Department
8of Finance. The Department of Finance shall recalculate the
9resource base used in determining the General Growth Subaccount
10allocations to the Mental Health Account in accordance with
11subdivision (c) and allocate based on that recalculation.

12(2) Allocate 18.4545 percent of the total General Growth
13Subaccount to thebegin delete Health Account.end deletebegin insert health account of each county,
14city, or city and county based on a schedule provided by the
15Department of Finance in accordance with subdivision (d).end insert

16(3) Allocatebegin delete toend delete thebegin delete Child Poverty and Family Supplemental
17Support Subaccount in the Sales Tax Account the remainderend delete

18begin insert remainder of the funds in the General Growth Subaccount to the
19family support accountend insert
ofbegin delete the funds in the General Growth
20Subaccount.end delete
begin insert each county or city and county based on a schedule
21provided by the Department of Finance. These funds shall be
22expended in accordance with Section 17601.50.end insert

begin insert

23(g) The amounts deposited and remaining unexpended and
24unreserved in the General Growth Subaccount shall be allocated
25on an annual basis by the Controller, as described in subdivision
26(f), within 45 days of receiving the General Growth Subaccount
27allocation schedule from the Department of Finance.

end insert
28begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 17606.15 of the end insertbegin insertWelfare and Institutions Codeend insert
29begin insert is repealed.end insert

begin delete
30

17606.15.  

(a) For the first fiscal year in which funds are
31deposited into the Special Equity Subaccount in the Sales Tax
32Growth Account in the Local Revenue Fund, the Controller shall
33allocate funds on a monthly basis from the Special Equity
34Subaccount to the account of the local health and welfare trust
35fund designated by each recipient county in accordance with the
36following schedule:


37

 

County

Allocation
Percentage

Orange   

49.505

San Diego   

39.604

Santa Clara   

10.891

P121  316P121 2229P121 34

 

4(b) For the fiscal year following the first fiscal year in which
5funds are deposited into the Special Equity Subaccount, the
6Controller shall first allocate any amount deposited pursuant to
7Section 17605.08 in accordance with the schedule described in
8subdivision (a).

9(c) For each fiscal year following the first fiscal year in which
10funds are deposited into the Special Equity Subaccount in the Sales
11Tax Growth Account in the Local Revenue Fund, after fulfilling
12the obligations set forth in subdivision (b), the Controller shall
13allocate all funds remaining in that subaccount to the account of
14the local health and welfare trust fund designated by each recipient
15county in accordance with the following schedule:

 

County

Allocation
Percentage

Orange   

28.169

San Diego   

56.338

Santa Clara   

15.493

P121 2229P121 34

 

23(d) Notwithstanding any other subdivision of this section, the
24Controller shall not allocate from the Special Equity Subaccount
25of the Sales Tax Growth Account in the Local Revenue Fund any
26amount that, in conjunction with matching funds allocated pursuant
27to Section 17606.20, comprises a cumulative total of more than
28the amounts in the following schedule:

 

County

Allocation

Orange   

$13,000,000

San Diego   

 20,000,000

Santa Clara   

  5,500,000

P121 34

 

35(e) For purposes of calculating the poverty-population shortfall
36as required by subdivision (c) of Section 17606.05, counties
37receiving funds pursuant to this section shall inform the Department
38of Finance of the amount from each county’s special equity
39allocation that has been deposited into the health subaccount of
P122  1the health and welfare trust fund that shall be credited to the
2indigent health resource base and the community resource base.

end delete
3begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 17606.20 of the end insertbegin insertWelfare and Institutions Codeend insert
4begin insert is amended to read:end insert

5

17606.20.  

(a) On or before the 27th day of each month, the
6Controller shall allocate money to each county, city, and city and
7county, as general purpose revenues, from revenues deposited in
8the Vehicle License Fee Growth Account in the Local Revenue
9Fund in amounts that are proportional to each county’s, city’s, or
10city and county’s total allocation from the Sales Tax Growth
11Account, except amounts provided pursuant to Section 17605.

12(b) Notwithstanding subdivision (a), for the 1998-99 fiscal year
13and fiscal years thereafter, if, after meeting the requirements of
14Section 17605, there are no funds remaining in the Sales Tax
15Growth Account to allocate to each county, city, and city and
16county pursuant tobegin delete subdivisionsend deletebegin insert subdivisionend insert (a)begin delete and (b)end delete of Section
1717605.07, Section 17605.08, or Section 17605.10, the Controller
18shall allocate the revenues deposited in the Vehicle License Fee
19Growth Account to each county, city, and city and county, as
20general purpose revenues, in the following manner:

21(1) The Controller shall determine the amount of sales tax
22growth in the 1996-97 fiscal year which exceeded the requirements
23of Section 17605 in the 1996-97 fiscal year.

24(2) The Controller shall determine the amount of sales tax
25growth allocated in the 1996-97 fiscal year to the County Medical
26Servicesbegin insert Programend insert Subaccount pursuant tobegin delete subdivisionsend deletebegin insert subdivisionend insert
27 (a)begin delete and (b)end delete of Sectionbegin delete 17605.7,end deletebegin insert 17605.07end insert and to the Indigent Health
28Equity, Community Health Equity, Mental Health Equity, State
29Hospital Mental Health Equity, General Growth, and Special
30Equity Subaccounts pursuant to Section 17605.10.

31(3) The Controller shall compute percentages by dividing the
32amounts determined in paragraph (2) by the amount determined
33in paragraph (1).

34(4) For calculation purposes related to paragraph (5), the
35Controller shall apply the percentages determined in paragraph
36(3) to revenues in the Vehicle License Fee Growth Account to
37determine the amount of vehicle license fee growth revenues
38attributable to the County Medicalbegin delete Services ,end deletebegin insert Services,end insert Indigent
39Health Equity, Community Health Equity, Mental Health Equity,
40State Hospital Mental Health Equity, General Growth, and Special
P123  1Equity Subaccounts. This paragraph shall not require the Controller
2to deposit vehicle license fee growth revenues into the subaccounts
3specified in this paragraph, and is solely for determining the
4distribution of vehicle license growth revenues to each county,
5city, and city and county.

6(5) On or before the 27th day of each month, the Controller
7shall allocate money to each county, city, and city and county, as
8general purpose revenues, from revenues deposited in the Vehicle
9License Fee Growth Account in the Local Revenue Fund. These
10allocations shall be determined based on schedules developed by
11the Department of Finance pursuant tobegin delete Sections 17606.05 andend delete
12begin insert Sectionend insert 17606.10, in consultation with the California State
13Association of Counties.

begin insert

14(c) This section shall become inoperative on August 1, 2015,
15and, as of January 1, 2016, is repealed, unless a later enacted
16statute, that becomes operative on or before January 1, 2016,
17deletes or extends the dates on which it becomes inoperative and
18is repealed.

end insert
19begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 17606.20 is added to the end insertbegin insertWelfare and
20Institutions Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert17606.20.end insert  

(a) Annually, the Controller shall allocate money
22to each county, city, and city and county, from revenues deposited
23in the Vehicle License Fee Growth Account in the Local Revenue
24Fund in amounts that are proportional to each county’s, city’s, or
25city and county’s total allocation from the Sales Tax Growth
26Account, except amounts provided pursuant to Section 17605.

27(b) Notwithstanding subdivision (a), for the 1998-99 fiscal year
28and fiscal years thereafter, if, after meeting the requirements of
29Section 17605, there are no funds remaining in the Sales Tax
30Growth Account to allocate to each county, city, and city and
31county pursuant to paragraph (1) of subdivision (a) of, or
32paragraph (1) of subdivision (b) of, Section 17605.07, or Section
33 17605.10, the Controller shall allocate the revenues deposited in
34the Vehicle License Fee Growth Account to each county, city, and
35city and county, in the following manner:

36(1) The Controller shall determine the amount of sales tax
37growth in the 1996-97 fiscal year which exceeded the requirements
38of Section 17605 in the 1996-97 fiscal year.

39(2) The Controller shall determine the amount of sales tax
40growth allocated in the 1996-97 fiscal year to the County Medical
P124  1Services Program Subaccount pursuant to paragraph (1) of
2subdivision (a) of Section 17605.07, and to the Indigent Health
3Equity, Community Health Equity, Mental Health Equity, State
4Hospital Mental Health Equity, General Growth, and Special
5Equity Subaccounts pursuant to Section 17605.10, as that section
6read on January 1, 2015.

7(3) The Controller shall compute percentages by dividing the
8amounts determined in paragraph (2) by the amount determined
9in paragraph (1).

10(4) For calculation purposes related to paragraph (5), the
11Controller shall apply the percentages determined in paragraph
12(3) to revenues in the Vehicle License Fee Growth Account to
13determine the amount of vehicle license fee growth revenues
14attributable to the County Medical Services Program Growth,
15Indigent Health Equity, Community Health Equity, Mental Health
16Equity, State Hospital Mental Health Equity, General Growth,
17and Special Equity Subaccounts. This paragraph shall not require
18the Controller to deposit vehicle license fee growth revenues into
19the subaccounts specified in this paragraph, and is solely for
20determining the distribution of vehicle license growth revenues to
21each county, city, and city and county.

22(5) Annually, the Controller shall allocate money to each county,
23city, and city and county, from revenues deposited in the Vehicle
24License Fee Growth Account in the Local Revenue Fund. These
25allocations shall be determined based on schedules developed by
26the Department of Finance pursuant to Section 17606.10, in
27consultation with the California State Association of Counties.
28The Controller shall allocate these funds within 45 days of
29receiving the schedules from the Department of Finance.

30(c) This section shall become operative on August 1, 2015.

end insert
31begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 17608.05 of the end insertbegin insertWelfare and Institutions Codeend insert
32begin insert is amended to read:end insert

33

17608.05.  

(a) As a condition of deposit of funds from the Sales
34Tax Account of the Local Revenue Fund into a county’s local
35health and welfare trust fund mental health account, the county or
36city shall deposit each month local matching funds in accordance
37with a schedule developed by the State Department of Mental
38Health based on county or city standard matching obligations for
39the 1990-91 fiscal year for mental health programs.

P125  1(b) A county, city, or city and county may limit its deposit of
2matching funds to the amount necessary to meet minimum federal
3maintenance of effort requirements, as calculated by the State
4Department ofbegin delete Mental Health,end deletebegin insert Health Care Services,end insert subject to
5the approval of the Department of Finance. However, the amount
6of the reduction permitted by the limitation provided for by this
7subdivision shall not exceed twenty-five million dollars
8($25,000,000) per fiscal year on a statewide basis.

9(c) Any county, city, or city and county that elects not to apply
10maintenance of effort funds for community mental health programs
11shall not use the loss of these expenditures from local mental health
12programs for realignmentbegin delete purposes, including any calculation for
13poverty-population shortfall for clause (iv) of subparagraph (B)
14of paragraph (2) of subdivision (c) of Section 17606.05.end delete
begin insert purposes.end insert

15begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 17608.10 of the end insertbegin insertWelfare and Institutions Codeend insert
16begin insert is amended to read:end insert

17

17608.10.  

begin delete (a)end deletebegin delete end deletebegin deleteend deletebegin delete end delete As a condition of deposit of funds from the
18Sales Tax Account of the Local Revenue Fund into a county’s or
19city’s local health and welfare trust fund account, a county or city
20shall deposit county or city general purpose revenues into the health
21account each month equal to one-twelfth of the amounts set forth
22in the following schedule:


23

 

Jurisdiction

Amount

Alameda   

$ 20,545,579

Alpine   

21,465

Amador   

278,460

Butte   

724,304

Calaveras   

0

Colusa   

237,754

Contra Costa   

10,114,331

Del Norte   

44,324

El Dorado   

704,192

Fresno   

10,404,113

Glenn   

58,501

Humboldt   

589,711

Imperial   

772,088

Inyo   

561,262

Kern   

7,623,407

Kings   

466,273

Lake   

118,222

Lassen   

119,938

Los Angeles   

159,324,707

Madera   

81,788

Marin   

1,196,515

Mariposa   

0

Mendocino   

347,945

Merced   

858,484

Modoc   

70,462

Mono   

409,928

Monterey   

3,367,970

Napa   

546,957

Nevada   

96,375

Orange   

15,727,317

Placer   

368,490

Plumas   

66,295

Riverside   

7,365,244

Sacramento   

7,128,508

San Benito   

0

San Bernardino   

4,316,679

San Diego   

4,403,290

San Francisco   

39,363,076

San Joaquin   

2,469,934

San Luis Obispo   

1,359,837

San Mateo   

6,786,043

Santa Barbara   

3,794,166

Santa Clara   

13,203,375

Santa Cruz   

2,053,729

Shasta   

184,049

Sierra   

7,330

Siskiyou   

287,627

Solano   

115,800

Sonoma   

438,234

Stanislaus   

3,510,803

Sutter   

674,240

Tehama   

446,992

Trinity   

292,662

Tulare   

1,547,481

Tuolumne   

305,830

Ventura   

4,185,070

Yolo   

1,081,388

Yuba   

187,701

Berkeley   

1,953,018

Long Beach   

0

Pasadena   

0

P127  6

 

begin delete end deletebegin delete

7(b) As an additional condition of deposit of funds from the Sales
8Tax Account of the Local Revenue Fund into a county’s or city’s
9local health and welfare trust fund, a county or city shall deposit
10each month an amount of county or city general purpose revenues
11at least equal to the amount of funds transferred by the Controller
12each month to the county or city pursuant to Article 5 (commencing
13with Section 17604).

end delete
begin delete end deletebegin delete end deletebegin delete

14(c) As an additional condition of deposit of funds from the Sales
15Tax Account of the Local Revenue Fund into a county’s or city’s
16local health and welfare trust fund account, a county or city shall
17deposit each month into the mental health account of the local
18health and welfare trust fund account an amount of county or city
19general purpose revenues at least equal to the amount of funds
20transferred pursuant to subdivision (d) of Section 17604 to the
21county.

end delete
begin delete end delete
22begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 17608.15 of the end insertbegin insertWelfare and Institutions Codeend insert
23begin insert is repealed.end insert

begin delete
24

17608.15.  

As a condition of the deposit of Sales Tax Growth
25Account funds into the local health and welfare trust fund accounts,
26a county or city or city and county shall deposit, each month, local
27matching funds that are sufficient to permit the disbursement from
28the local health and welfare trust fund accounts amounts that are
29equivalent to the growth of revenue in the sales tax and vehicle
30license fees allocated pursuant to Section 11001.5 of the Revenue
31and Taxation Code to the trust fund accounts and the county
32general funds.

end delete
33begin insert

begin insertSEC. 53.end insert  

end insert

begin insertSection 17609.05 of the end insertbegin insertWelfare and Institutions Codeend insert
34begin insert is amended to read:end insert

35

17609.05.  

(a) Each county, city, or city and county shall file
36with the Controllerbegin delete quarterly andend delete annual reports of trust fund
37deposits and disbursements within 60 days after the end of the
38begin delete quarter.end deletebegin insert year.end insert

39(b) The Controller shall verify deposits and notify appropriate
40state agencies upon request of deficits in deposits. The next
P128  1scheduled allocations shall not be made until deposits are made
2accordingly. Reports shall be forwarded to the appropriate state
3department for expenditure verification.

4begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 18910 of the end insertbegin insertWelfare and Institutions Codeend insert
5begin insert is amended to read:end insert

6

18910.  

(a) To the extent permitted by federal law, regulations,
7waivers, and directives, the department shall implement the
8prospective budgeting, semiannual reporting system provided in
9Sections 11265.1, 11265.2, and 11265.3, and related provisions,
10regarding CalFresh, in a cost-effective manner that promotes
11compatibility between the CalWORKs program and CalFresh, and
12minimizes the potential for payment errors.

13(b) For CalFresh recipients who also are Medi-Cal beneficiaries
14and who are subject to the Medi-Cal midyear status reporting
15requirements, counties shall seek to align the timing of reports
16required under this section with midyear status reports required
17by the Medi-Cal program.begin insert This subdivision does not apply to
18CalFresh households in which all adult members are elderly or
19disabled members, as defined in Section 271.2 of Title 7 of the
20Code of Federal Regulations, and in which the household has no
21earned income.end insert

22(c) The department shall seek all necessary waivers from the
23United States Department of Agriculture to implement subdivision
24(a).

25(d) Counties may establish staggered, semiannual reporting
26cycles for individual households, based on factors established or
27approved by the department, provided the semiannual reporting
28cycle is aligned with the certification period; however, all
29households within a county must be transitioned to a semiannual
30reporting system simultaneously. Up to and until the establishment
31of a countywide semiannual reporting system, a county shall
32operate a quarterly system, as established by law and regulation.

33(e) The requirement of subdivision (e) of Section 11265.1 shall
34apply to the implementation of this section.

35(f) (1) This section shall become operative on April 1, 2013. A
36county shall implement the semiannual reporting requirements in
37accordance with the act that added this section no later than October
381, 2013.

P129  1(2) Upon implementation described in paragraph (1), each
2county shall provide a certificate to the director certifying that
3semiannual reporting has been implemented in the county.

4(3) Upon filing the certificate described in paragraph (2), a
5county shall comply with the semiannual reporting provisions of
6this section.

begin insert

7(g) (1) It is the intent of the Legislature that, due to the
8establishment of a semiannual reporting cycle, change reporting
9no longer be imposed on certain households that were exempt from
10quarterly reporting pursuant to federal law. To that end, the
11department shall work with county human services agencies, client
12advocates, and the Statewide Automated Welfare System to
13eliminate change reporting for all households no later than
14January 1, 2017.

end insert
begin insert

15(2) For the purposes of this subdivision, “change reporting”
16means the reporting requirements imposed on households
17designated as certified change reporting households pursuant to
18Section 273.12(a) of Title 7 of the Code of Federal Regulations.

end insert
19begin insert

begin insertSEC. 55.end insert  

end insert

begin insertSection 18910.1 is added to the end insertbegin insertWelfare and
20Institutions Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert18910.1.end insert  

It is the intent of the Legislature that all CalFresh
22households shall be assigned certification periods that are the
23maximum number of months allowable under federal law based
24on the household’s circumstances, unless a county is complying
25with subdivision (b) of Section 18910.

end insert
26begin insert

begin insertSEC. 56.end insert  

end insert

begin insertSection 18358.30 of the end insertbegin insertWelfare and Institutions Codeend insert
27begin insert is amended to read:end insert

28

18358.30.  

(a) Rates for foster family agency programs
29participating under this chapter shall be exempt from the current
30AFDC-FC foster family agency ratesetting system.

31(b) Rates for foster family agency programs participating under
32this chapter shall be set according to the appropriate service and
33rate level based on the level of services provided to the eligible
34child and the certified foster family. For an eligible child placed
35from a group home program, the service and rate level shall not
36exceed the rate paid for group home placement. For an eligible
37child assessed by the county interagency review team or county
38placing agency as at imminent risk of group home placement or
39psychiatric hospitalization, the appropriate service and rate level
40for the child shall be determined by the interagency review team
P130  1or county placing agency at time of placement. In all of the service
2and rate levels, the foster family agency programs shall:

3(1) Provide social work services with average caseloads not to
4exceed eight children per worker, except that social worker average
5caseloads for children in Service and Rate Level E shall not exceed
612 children per worker.

7(2) Pay an amount not less than two thousand one hundred
8dollars ($2,100) per child per month to the certified foster parent
9or parents.

10(3) Perform activities necessary for the administration of the
11programs, including, but not limited to, training, recruitment,
12certification, and monitoring of the certified foster parents.

13(4) (A) (i) Provide a minimum average range of service per
14month for children in each service and rate level in a participating
15foster family agency, represented by paid employee hours incurred
16by the participating foster family agency, by the in-home support
17counselor to the eligible child and the certified foster parents
18depending on the needs of the child and according to the following
19schedule:


20

 

Service

In-Home Support

and

Counselor Hours

Rate Level

Per Month

A

98-114 hours

B

81-97 hours

C

64-80 hours

D

47-63 hours

P130 28P130  730P130 395P130 14

 

29(ii) Children placed at Service and Rate Level E shall receive
30behavior deescalation and other support services on a flexible, as
31needed, basis from an in-home support counselor. The foster family
32agency shall provide one full-time in-home support counselor for
33every 20 children placed at this level.

34(B) (i) For the interim period beginning July 1, 2012, through
35begin delete June 30, 2015,end deletebegin insert December 31, 2016,end insert inclusive, only the following
36modified service and rate levels to support modified in-home
37support counselor hours per month shall apply:

 

Service

In-Home Support

and

Counselor Hours

Rate Level

Per Month

Level I

81-114 hours

Level II

47-80 hours

Level III

Less than 47 hours

30P130 395P130 14

 

8(ii) Children placed at Service and Rate Level III shall receive
9behavior deescalation and other support services on a flexible, as
10needed, basis from an in-home support counselor. The foster family
11agency shall provide one full-time in-home support counselor for
12every 20 children placed at this level.

13(C) When the interagency review team or county placing agency
14and the foster family agency agree that alternative services are in
15the best interests of the child, the foster family agency may provide
16or arrange for services and supports allowable under California’s
17foster care program in lieu of in-home support services required
18by subparagraphs (A) and (B). These services and supports may
19include, but need not be limited to, activities in the
20Multidimensional Treatment Foster Care (MTFC) program.

21(c) The department or placing county, or both, may review the
22level of services provided by the foster family agency program. If
23the level of services actually provided are less than those required
24by subdivision (b) for the child’s service and rate level, the rate
25shall be adjusted to reflect the level of service actually provided,
26and an overpayment may be established and recovered by the
27department.

28(d) (1) On and after July 1, 1998, the standard rate schedule of
29service and rate levels shall be:

 

Service

Fiscal Year

and

1998-99

Rate Level

Standard Rate

A

$3,957

B

$3,628

C

$3,290

D

$2,970

E

$2,639

P130 395P130 14

 

P132  1(2) For the interim period beginning July 1, 2012, throughbegin delete June
230, 2015,end delete
begin insert December 31, 2016,end insert inclusive, only the following
3modified service and rate levels to support the modified standard
4rate schedule shall apply:

 

Service

 

and

 

Rate Level

Standard Rate

Level I

$5,581

Level II

$4,798

Level III

$4,034

  
  
P130 14

 

15(3) (A) On and after July 1, 1999, the standardized schedule of
16rates shall be adjusted by an amount equal to the California
17Necessities Index computed pursuant to Section 11453, rounded
18to the nearest dollar. The resultant amounts shall constitute the
19new standardized rate schedule, subject to further adjustment
20pursuant to subparagraph (B), for foster family agency programs
21participating under this chapter.

22(B) In addition to the adjustment in subparagraph (A),
23commencing January 1, 2000, the standardized schedule of rates
24shall be increased by 2.36 percent, rounded to the nearest dollar.
25The resultant amounts shall constitute the new standardized rate
26schedule for foster family agency programs participating under
27this chapter.

28(4) (A) Beginning with the 2000-01 fiscal year, the standardized
29schedule of rates shall be adjusted annually by an amount equal
30to the California Necessities Index computed pursuant to Section
3111453, subject to the availability of funds. The resultant amounts,
32rounded to the nearest dollar, shall constitute the new standard rate
33schedule for foster family agency programs participating under
34this chapter.

35(B) Effective October 1, 2009, the rates identified in this
36subdivision shall be reduced by 10 percent. The resulting amounts
37shall constitute the new standardized schedule of rates.

38(5) Notwithstanding paragraphs (3) and (4), the rate identified
39in paragraph (2) of subdivision (b) shall be adjusted on July 1,
402013, andbegin delete again onend deletebegin insert eachend insert Julybegin insert 1 thereafter through Julyend insert 1,begin delete 2014,end delete
P133  1begin insert 2016, inclusive,end insert by an amount equal to the California Necessities
2Index computed pursuant to Section 11453.

3(e) (1) Rates for foster family agency programs participating
4under paragraph (1) of subdivision (d) shall not exceed Service
5and Rate Level A at any time during an eligible child’s placement.
6An eligible child may be initially placed in a participating intensive
7foster care program at any one of the five Service and Rate Levels
8A to E, inclusive, and thereafter placed at any level, either higher
9or lower, not to exceed a total of six months at any level other than
10Service and Rate Level E, unless it is determined to be in the best
11interests of the child by the child’s county interagency review team
12or county placing agency and the child’s certified foster parents.
13The child’s county interagency placement review team or county
14placement agency may, through a formal review of the child’s
15placement, extend the placement of an eligible child in a service
16and rate level higher than Service and Rate Level E for additional
17periods of up to six months each.

18(2) Rates for foster family agency programs participating under
19paragraph (2) of subdivision (d) shall not exceed Service and Rate
20Level I at any time during an eligible child’s placement. An eligible
21child may be initially placed in a participating intensive foster care
22program at any one of the three Service and Rate Levels I to III,
23inclusive, and thereafter placed at any level, either higher or lower,
24not to exceed a total of six months at any level other than Service
25and Rate Level III, unless it is determined to be in the best interests
26of the child by the child’s county interagency review team or
27county placing agency, foster family agency, and the child’s
28certified foster parents. The child’s county interagency placement
29review team or county placement agency, through a formal review
30of the child’s placement, may extend the placement of an eligible
31child in a service and rate level higher than Service and Rate Level
32III for additional periods of up to six months each.

33(f) It is the intent of the Legislature that the rate paid to
34participating foster family agency programs shall decrease as the
35child’s need for services from the foster family agency decreases.
36The foster family agency shall notify the placing county and the
37department of the reduced services and the pilot classification
38model, and the rate shall be reduced accordingly.

39(g) It is the intent of the Legislature to prohibit any duplication
40of public funding. Therefore, social worker services, payments to
P134  1certified foster parents, administrative activities, and the services
2of in-home support counselors that are funded by another public
3source shall not be counted in determining whether the foster
4family agency program has met its obligations to provide the items
5listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
6department shall work with other potentially affected state
7departments to ensure that duplication of payment or services does
8not occur.

9(h) It is the intent of the Legislature that the State Department
10of Social Services and the State Department of Health Care
11Services, in collaboration with county placing agencies and ITFC
12providers and other stakeholders, develop and implement an
13integrated system that provides for the appropriate level of
14placement and care, support services, and mental health treatment
15services to foster children served in these programs.

16(i) Beginning in the 2011-12 fiscal year, and for each fiscal
17year thereafter, funding and expenditures for programs and
18activities under this section shall be in accordance with the
19requirements provided in Sections 30025 and 30026.5 of the
20Government Code.

21begin insert

begin insertSEC. 57.end insert  

end insert
begin insert

As the State Department of Social Services implements
22the first stage of the multiyear proposal to increase the inspection
23frequency of facilities licensed by the Community Care Licensing
24Division pursuant to the quality enhancement and program
25improvement reforms, pursuant to Sections 1534, 1569.33, 1597.09
26and 1597.55a, of the Health and Safety Code, the department shall
27update the Legislature frequently, and no later than April 1, 2016,
28for the first update, regarding the implementation of the multiyear
29proposal. These updates shall be based on the most recent
30workload analysis and shall include, but not be limited to, an
31analysis of the policy and fiscal implications of implementing
32annual inspections for all facilities, an update of the number of
33filled and authorized positions within the division, an analysis of
34the fiscal and policy implications of any federal licensing
35requirements, and the data necessary to assess whether the
36department is in compliance with statutorily required inspection
37frequencies.

end insert
38begin insert

begin insertSEC. 58.end insert  

end insert
begin insert

(a) Notwithstanding the rulemaking provisions of
39the Administrative Procedure Act (Chapter 3.5 (commencing with
40Section 11340) of Part 1 of Division 3 of Title 2 of the Government
P135  1Code), the State Department of Social Services may implement
2and administer the changes made in this act to Sections 11253.4,
311330.5, 11461.3, and 11477 of the Welfare and Institutions Code
4through all-county letters or similar instructions until regulations
5are adopted.

end insert
begin insert

6(b) The department shall adopt emergency regulations
7implementing the sections specified in subdivision (a) no later than
8January 1, 2017. The department may readopt any emergency
9regulation authorized by this section that is the same as, or
10substantially equivalent to, any emergency regulation previously
11adopted pursuant to this section. The initial adoption of regulations
12pursuant to this section and one readoption of emergency
13regulations shall be deemed to be an emergency and necessary
14for the immediate preservation of the public peace, health, safety,
15or general welfare. Initial emergency regulations and the one
16readoption of emergency regulations authorized by this section
17shall be exempt from review by the Office of Administrative Law.
18The initial emergency regulations and the one readoption of
19emergency regulations authorized by this section shall be submitted
20to the Office of Administrative Law for filing with the Secretary
21of State and each shall remain in effect for no more than 180 days,
22by which time final regulations shall be adopted.

end insert
23begin insert

begin insertSEC. 59.end insert  

end insert
begin insert

To the extent that any provision of this act has an
24overall effect of increasing the costs already borne by a local
25agency for programs or levels of service mandated by the 2011
26Realignment Legislation within the meaning of Section 36 of Article
27XIII of the California Constitution, it shall apply to local agencies
28only to the extent that the state provides annual funding for the
29cost increase. Any new program or higher level of service provided
30by a local agency pursuant to any provision of this act for
31programs or levels of service mandated by the 2011 Realignment
32Legislation above the level for which funding has been provided
33shall not require a subvention of funds by the state nor otherwise
34be subject to Section 6 of Article XIII B of the California
35Constitution.

end insert
begin insert

36Provisions of this act addressing programs or levels of service
37not included in the 2011 Realignment Legislation may be subject
38to Section 6 of Article XIII B of the California Constitution. If the
39Commission on State Mandates determines that any provision
40contains costs mandated by the state, reimbursement to local
P136  1agencies and school districts for those costs shall be made pursuant
2to Part 7 (commencing with Section 17500) of Division 4 of Title
32 of the Government Code.

end insert
4begin insert

begin insertSEC. 60.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
5to the Budget Bill within the meaning of subdivision (e) of Section
612 of Article IV of the California Constitution, has been identified
7as related to the budget in the Budget Bill, and shall take effect
8immediately.

end insert
begin delete
9

SECTION 1.  

It is the intent of the Legislature to enact statutory
10changes relating to the Budget Act of 2015.

end delete


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