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End-Year Pending Bills - November 2017

by Marilyn Fordney, Legislation Chair

November Report

Since our previous Newsletter, here are some bills that are of interest to our membership. In addition to this data, follow the links provided to the California Legislative Information site for each bill or you may go to for further information via the Internet and or write your assemblyman to express your opinion.

Pending legislation is as follows:

Assembly Bill 19 Community colleges: California College Promise.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester. Existing law requires the board of governors to waive this fee for students meeting prescribed requirements.

This bill would establish the California College Promise, to be administered by the Chancellor of the California Community Colleges, which shall distribute funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements to be used to, among other things, accomplish specified policy goals and waive fees for one academic year for first-time students who are enrolled in 12 or more semester units or the equivalent at the college and complete and submit either a Free Application for Federal Student Aid or a California Dream Act application.

Assembly Bill 273 Child care services: eligibility.

Existing law, the Child Care and Development Services Act, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law establishes eligibility requirements and requires families to meet at least one requirement in each of 2 specified areas, including the area relating to why the family has a need for the child care service.

This bill would include in the area relating to need, as a requirement that may be satisfied for purposes of eligibility, that the family needs the child care services because the parents are engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.

Assembly Bill 738 Pupil instruction: Native American studies: model curriculum.

Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include, among other subjects, the social sciences. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board.

This bill would require the commission to develop, and the state board to adopt, modify, or revise, a model curriculum in Native American studies, and would encourage each school district and charter school that maintains any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Native American studies curriculum to offer a course of study in Native American studies based on the model curriculum. The bill would require the model curriculum to be developed with participation from specified entities, including, among others, certain Native American tribes, and would require the Governorís Tribal Advisor, the Native American Heritage Commission, and the State Department of Education to assist the commission in statewide tribal consultations with those tribes. The bill would provide that implementation of its provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.

Senate Bill 1 Transportation funding.

Improve California transportation system.

(1) Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.

(2) Existing law creates the Department of Transportation within the Transportation Agency.

(3) Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified.

(4) The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds.

(5) Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution.

(6) Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral.

(7) Existing law provides for the state to receive certain compact assets, as defined, from designated tribal compacts relative to Indian gaming, and authorized the compact assets to be sold by the Infrastructure and Economic Development Bank to a special purpose trust in order to generate state revenues. Existing law designated certain of these revenues to be used to repay certain loans of transportation funds that were made to the General Fund.

(8) Existing law creates the Traffic Congestion Relief Program and identifies various specific projects eligible to receive funding.

(9) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan.

Senate Bill 564 Joint powers authorities: Water Bill Savings Act.

Existing law, the Marks-Roos Local Bond Pooling Act of 1985, authorizes joint powers authorities, among other powers, to issue bonds and loan the proceeds to local agencies to finance specified types of projects and programs.

This bill would enact the Water Bill Savings Act, which would authorize a joint powers authority to provide funding for a customer of a local agency in the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma or its publicly owned utility to acquire, install, or repair a water efficiency improvement on the customerís property served by the local agency or its publicly owned utility. The bill would require the customer to repay the authority through an efficiency charge on the customerís water bill to be established and collected by the local agency or its publicly owned utility on behalf of the authority pursuant to a servicing agreement. The bill would authorize the authority to issue bonds to fund the program. The bill would require an efficiency improvement to comply with certain provisions of the CalConserve Water Use Efficiency Revolving Loan Program guidelines to be eligible for financing under the bill. The bill would also make technical changes.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Francisco Bay Area and the County of Los Angeles.

Previously reported pending legislation is as follows:

Senate Bill 562 Single Payer Healthcare System

This bill is controversial and would outlaw private medical insurance in California and create a state-run healthcare system. An analysis brought out the fact that implementing a single-payer healthcare system would cost $400 million per year that is three times the current state budget.(as of late June this bill has been withdrawn.)

Senate Bill 13 State Manufacturing and Research Exemption

This bill is written to expand California's manufacturing and research exemption. Expansion of this underutilized exemption would be a much welcomed boost for taxpayers, the job market, and the economy.

Senate Bill 54 Immigrant Deportation

This bill amends an existing law that right now allows an arresting agency to notify the appropriate agency of the U.S. in charge of deportation matters for someone who is not a citizen of the U.S. However, this bill would prohibit state and local law enforcement agencies, including school police and security departments, from using resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes.

Senate Bill 31 Disclosure of religious affiliation information

This bill would prohibit state agencies from providing or disclosing to the federal government information in regard to a person's religious affiliation when the information is sought for compiling a database of individuals based solely on religious affiliation.

Senate Bill 244 State of California license applicants: protecting personal information

This bill would place limits on the collection, use, and disclosure of personal information provided to specified state and local government agencies for specified purposes.

Senate Bill 327 Internet of Things "Smart device" security and privacy

This bill would require a manufacturer that sells or offers to sell a connected device to equip the device with reasonable security features appropriate to the nature of the device and the information it may collect, contain, or transmit, and to design the device to indicate when it is collecting information and to obtain consumer consent before it collects or transmits information.

Senate Bill 573 Student privacy: protecting personal information

This bill would require public colleges and universities to implement a "service learning program" for certain students and would provide that student personal information collected for such purposes shall not be a public record for purposes of the California Public Records Act.

Marijuana Bills

There are 32 marijuana bills pending in the California legislature following Prop. 64 and they are: Assembly Bills 64, 729, 1578, 845, 1410, and Senate Bill 148.

Senate Bill 784 Crimes: disorderly conduct: invasion of privacy: distributing photos from concealed cameras

This bill would make it a crime to intentionally distribute or disseminate, or to make available or viewable, any image of an identifiable person under or through clothing or in a state of undress, without the subject's consent, if obtained secretly with a concealed recording device.

New Voter Legislation:

Ballot sharing. Of all the surprising political stories of 2016, the ballot selfie battle was one of the least expected. Who knew there was so much desire for people to take photos of how they voted? In future elections you can snap pics of your filled-out ballot and post it wherever you like, free from government harassment, thanks to Assembly Bill 1494. Mail ballots. Sweeping changes to how Californians vote are coming, thanks to Senate Bill 450. Many of the bill's provisions won't kick in for a while, but one change that takes place January 1 should make casting a ballot easier. Voters can now return mail ballots at any county elections office in the state, not just in the county that issued the ballot. Voter Registration Another effort to facilitate voting Assembly Bill 1436, passed in 2012 but takes effect on January 1. It allows people to register to vote on election day, with county elections headquarters serving as registration hubs starting two weeks before election day. Technically allows for "conditional voter registration," which means the ballots aren't counted until officials verify the voter is eligible and hasn't cast a ballot elsewhere. Current law cuts off registration 15 days before election day. To read more go to: Registration.