Bill Text: CA AB1510 | 2023-2024 | Regular Session | Amended
Bill Title: Fighting Fentanyl Bond Act of 2024.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB1510 Detail]
Download: California-2023-AB1510-Amended.html
|
Amended
IN
Senate
June 19, 2023 |
|
Amended
IN
Assembly
March 28, 2023 |
|
Amended
IN
Assembly
March 23, 2023 |
| Introduced by Assembly Member Jones-Sawyer (Coauthor: Assembly Member Alanis) |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence that is for the purpose of a middle school or high school pupil participating in a civic or political event, as defined, provided that the pupil notifies the school ahead of the absence.
This bill would require the middle school or high school pupil participating in a civic or political event to notify the school at least one day ahead of the absence in order to be excused for the absence.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 121 (commencing with Section 151050) is added to the Health and Safety Code, to read:DIVISION 121. Fighting Fentanyl Bond Act of 2024
CHAPTER 1. General Provisions
151050.
This division shall be known, and may be cited, as the Fighting Fentanyl Bond Act of 2024.151052.
As used in this division, the following terms have the following meanings:151054.
The Fighting Fentanyl Fund of 2024 is hereby created within the State Treasury. The proceeds of bonds, exclusive of refunding bonds issued pursuant to Section 151082, shall be deposited in the Fighting Fentanyl Fund of 2024.151056.
(a) The State Auditor shall, on or before January 1, 2030, conduct an audit of each program funded by this division, in order to assess the success and effectiveness of each program, and shall submit a report to the Legislature containing the findings of that audit.CHAPTER 2. Public Health Interventions
151058.
Of the proceeds of bonds issued and sold pursuant to this division, the sum of ____ dollars ($___) shall be available, upon appropriation by the Legislature, for the purposes of this chapter, to be allocated as follows:CHAPTER 3. Research and Drug Crises Anticipation
151060.
Of the proceeds of bonds issued and sold pursuant to this division, the sum of ____ dollars ($___) shall be available, upon appropriation by the Legislature, to the State Department of Public Health to fund and expand programs that monitor and research emerging drugs and drug-related public health crises, including xylazine, more commonly known as “tranq,” in order to anticipate effective public health solutions and strategies as soon as possible.CHAPTER 4. Education and Awareness
151062.
Of the proceeds of bonds issued and sold pursuant to this division, the sum of ____ dollars ($___) shall be available, upon appropriation by the Legislature, for the purposes of this chapter, to be allocated as follows:CHAPTER 5. Focused Deterrence and Violence Reduction
151064.
Of the proceeds of bonds issued and sold pursuant to this division, the sum of ____ dollars ($___) shall be available, upon appropriation by the Legislature, for the purposes of this chapter, to be allocated as follows:CHAPTER 6. Fiscal Provisions
151066.
Bonds in the total amount of ____ dollars ($___), exclusive of refunding bonds issued pursuant to Section 151082, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized that have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due.151068.
The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code, and all of the provisions of that law as amended from time to time apply to the bonds and to this division, except as provided in Section 151084, and are hereby incorporated in this division as though set forth in full in this division.151070.
(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the Fighting Fentanyl Finance Committee is hereby created. For purposes of this chapter, the Fighting Fentanyl Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Treasurer, and Director of Finance. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee.151072.
Upon request of the board stating that funds are needed for purposes of this division, the committee shall determine whether or not it is necessary or desirable to issue bonds, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax.151074.
There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collections of state revenues to do or perform each and every act that is necessary to collect that additional sum.151076.
Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this division, an amount that will equal the total of both of the following:151078.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 151082, for purposes of this division, less any amount loaned pursuant to this section and not yet repaid and any amount withdrawn from the General Fund pursuant to Section 151080 and not yet returned to the General Fund. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this division.151080.
For purposes of carrying out this division, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 151082, for purposes of this division, less any amount loaned pursuant to Section 151078 and not yet repaid and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this division. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds that would otherwise be deposited in that fund.151082.
The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of this division shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this division, including any prior issued refunding bonds. A bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.151084.
Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of bonds authorized by this division shall not be later than 35 years from the date of each bond. The maturity of each series shall be calculated from the date of issuance of each bond.151086.
The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.151088.
Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this division that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state.151090.
(a) Subject to subdivision (b), all moneys derived from premiums and accrued interest on bonds sold pursuant to this division shall be transferred to the General Fund as a credit to expenditures for bond interest.SEC. 2.
Section 1 of this act shall become operative upon the adoption by the voters of the Fighting Fentanyl Bond Act of 2024.SEC. 3.
Section 1 of this act shall be submitted to the voters at the November 5, 2024, statewide general election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of the pupil’s immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference
on the legislative or judicial process offered by a nonprofit organization, when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall
be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupil’s naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school at least one day ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be
excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences
in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A “civic or political event” includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)“Cultural” means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3)“Immediate family” means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
