Bill Text: CA SB1109 | 2009-2010 | Regular Session | Introduced
Bill Title: California Children and Families Program: funding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-14 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 6. Page 3210.) Reconsideration granted. [SB1109 Detail]
Download: California-2009-SB1109-Introduced.html
BILL NUMBER: SB 1109 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cox
FEBRUARY 17, 2010
An act to amend and repeal Section 130105 of, to repeal Sections
130110, 130115, 130120, 130125, 130130, 130135, 130140, 130140.1,
130145, 130150, 130151, and 130155 of, and to repeal and add Section
130100 of, the Health and Safety Code, relating to child development,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1109, as introduced, Cox. California Children and Families
Program: funding.
(1) The California Children and Families Act of 1998, an
initiative measure, requires that the California Children and
Families Program, established by the act, be funded by certain taxes
imposed on the sale and distribution of cigarettes and tobacco
products and be deposited into the California Children and Families
Trust Fund, and that the fund be used for the implementation of
comprehensive early childhood development and smoking prevention
programs. Existing law specifies that specified percentages of moneys
allocated and appropriated from the trust shall be deposited in
various accounts for expenditures by the California Children and
Families Commission, also known as First 5 California, for various
subjects relating to, and furthering the goals and purposes of, the
act.
Existing law prohibits amendment of this initiative measure by the
Legislature unless the amendment is approved by the voters, or the
amendment is accomplished by a vote of 2/3 of the membership of both
houses of the Legislature and the amendment furthers the act and is
consistent with its purposes.
This bill, subject to voter approval, would eliminate those
percentages for allocations to various accounts and would, instead,
provide that those funds, with specified exceptions, shall be
transferred to the General Fund for appropriation by the Legislature
for purposes of the Healthy Families Program and the Medi-Cal
program. The bill would provide for the distribution, as prescribed,
of funds held by county children and families commissions and by the
California Children and Families Commission that remain unencumbered
on the date that the bill's provisions are approved by the voters.
This bill would abolish the California Children and Families
Commission and the county children and families commissions,
effective 90 days after the bill is approved by the voters, and would
repeal related obsolete provisions.
This bill would require that its provisions be submitted to the
voters for approval at the next statewide election.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130100 of the Health and Safety Code is
repealed.
130100. There is hereby created a program in the state for the
purposes of promoting, supporting, and improving the early
development of children from the prenatal stage to five years of age.
These purposes shall be accomplished through the establishment,
institution, and coordination of appropriate standards, resources,
and integrated and comprehensive programs emphasizing community
awareness, education, nurturing, child care, social services, health
care, and research.
(a) It is the intent of this act to facilitate the creation and
implementation of an integrated, comprehensive, and collaborative
system of information and services to enhance optimal early childhood
development and to ensure that children are ready to enter school.
This system should function as a network that promotes accessibility
to all information and services from any entry point into the system.
It is further the intent of this act to emphasize local
decisionmaking, to provide for greater local flexibility in designing
delivery systems, and to eliminate duplicate administrative systems.
(b) The programs authorized by this act shall be administered by
the California Children and Families Commission and by county
children and families commissions. In administering this act, the
state and county commissions shall use outcome-based accountability
to determine future expenditures.
(c) This division shall be known and may be cited as the
"California Children and Families Act of 1998."
SEC. 2. Section 130100 is added to the Health and Safety Code, to
read:
130100. (a) The California Children and Families Trust Fund is
hereby created in the State Treasury.
(b) The California Children and Families Trust Fund shall consist
of moneys collected pursuant to the taxes imposed by Section 30131.2
of the Revenue and Taxation Code.
(c) All costs to implement this act shall be paid from moneys
deposited in the California Children and Families Trust Fund.
(d) The State Board of Equalization shall determine, on a biennial
basis, the effect that additional taxes imposed on cigarettes and
tobacco products by this act has on the consumption of cigarettes and
tobacco products in this state. To the extent that a decrease in
consumption is determined by the State Board of Equalization to be
the direct result of additional taxes imposed by this act, the State
Board of Equalization shall determine the fiscal effect the decrease
in consumption has on the funding of any Proposition 99 (the Tobacco
Tax and Health Protection Act of 1988) state health-related education
or research programs in effect as of November 1, 1998, and the
Breast Cancer Fund programs that are funded by excise taxes on
cigarettes and tobacco products. Funds shall be transferred from the
California Children and Families Trust Fund to those affected
programs as necessary to offset the revenue decrease directly
resulting from the imposition of additional taxes by this act.
Funding for the Breast Cancer Fund and the Health Education Account
and the Research Account in the Cigarette and Tobacco Products Surtax
Fund shall not be subject to subdivision (c). These reimbursements
shall occur at any time as determined necessary to further the intent
of this subdivision.
(e) Except as provided in subdivision (d), moneys shall be
transferred from the California Children and Families Trust Fund to
the General Fund for appropriation by the Legislature for purposes of
the Healthy Families Program and the Medi-Cal program.
SEC. 3. Section 130105 of the Health and Safety Code is amended to
read:
130105. The California Children and Families Trust Fund is hereby
created in the State Treasury.
(a) The California Children and Families Trust Fund shall consist
of moneys collected pursuant to the taxes imposed by Section 30131.2
of the Revenue and Taxation Code.
(b) All costs to implement this act shall be paid from moneys
deposited in the California Children and Families Trust Fund.
(c) The State Board of Equalization shall determine
within one year of determine, on a biennial basis,
the passage of this act the effect that
additional taxes imposed on cigarettes and tobacco products by this
act has on the consumption of cigarettes and tobacco products in this
state. To the extent that a decrease in consumption is determined by
the State Board of Equalization to be the direct result of
additional taxes imposed by this act, the State Board of Equalization
shall determine the fiscal effect the decrease in consumption has on
the funding of any Proposition 99 (the Tobacco Tax and Health
Protection Act of 1988) state health-related education or research
programs in effect as of November 1, 1998, and the Breast Cancer Fund
programs that are funded by excise taxes on cigarettes and tobacco
products. Funds shall be transferred from the California Children and
Families Trust Fund to those affected programs as necessary to
offset the revenue decrease directly resulting from the imposition of
additional taxes by this act. Funding for the Breast Cancer
Fund and the Health Education Account and the Research Account in the
Cigarette and Tobacco Products Surtax Fund shall not be subject to
subdivision (b). These reimbursements shall occur ,
and at any times, at any time as determined
necessary to further the intent of this subdivision.
(d) Moneys Except as provided in
subdivision (c), moneys shall be allocated and
appropriated transferred from the California
Children and Families Trust Fund as follows:
to the General Fund for appropriation by the Legislature for purposes
of the Healthy Families Program and the Medi-Cal program.
(1) Twenty percent shall be allocated and appropriated to separate
accounts of the state commission for expenditure according to the
following formula:
(A) Six percent shall be deposited in a Mass Media Communications
Account for expenditures for communications to the general public
utilizing television, radio, newspapers, and other mass media on
subjects relating to and furthering the goals and purposes of this
act, including, but not limited to, methods of nurturing and
parenting that encourage proper childhood development, the informed
selection of child care, information regarding health and social
services, the prevention and cessation of tobacco, alcohol, and drug
use by pregnant women, the detrimental effects of secondhand smoke on
early childhood development, and to ensure that children are ready
to enter school. Any funds not needed in this account may be
transferred to the Unallocated Account described in subparagraph (F),
upon approval by the state commission.
(B) Five percent shall be deposited in an Education Account for
expenditures to ensure that children are ready to enter school and
for programs relating to education, including, but not limited to,
the development of educational materials, professional and parental
education and training, and technical support for county commissions
in the areas described in subparagraph (A) of paragraph (1) of
subdivision (b) of Section 130125. Any funds not needed in this
account may be transferred to the Unallocated Account described in
subparagraph (F), upon approval by the state commission.
(C) Three percent shall be deposited in a Child Care Account for
expenditures to ensure that children are ready to enter school and
for programs relating to child care, including, but not limited to,
the education and training of child care providers, the development
of educational materials and guidelines for child care workers, and
other areas described in subparagraph (B) of paragraph (1) of
subdivision (b) of Section 130125. Any funds not needed in this
account may be transferred to the Unallocated Account described in
subparagraph (F), upon approval by the state commission.
(D) Three percent shall be deposited in a Research and Development
Account for expenditures to ensure that children are ready to enter
school and for the research and development of best practices and
standards for all programs and services relating to early childhood
development established pursuant to this act, and for the assessment
and quality evaluation of those programs and services. Any funds not
needed in this account may be transferred to the Unallocated Account
described in subparagraph (F), upon approval by the state commission.
(E) One percent shall be deposited in an Administration Account
for expenditures for the administrative functions of the state
commission. Any funds not needed for the administrative functions of
the state commission may be transferred to the Unallocated Account
described in subparagraph (F), upon approval by the state commission.
(F) Two percent shall be deposited in an Unallocated Account for
expenditure by the state commission for any of the purposes of this
act described in Section 130100 provided that none of these moneys
shall be expended for the administrative functions of the state
commission.
(G) In the event that, for whatever reason, the expenditure of any
moneys allocated and appropriated for the purposes specified in
subparagraphs (A) to (F), inclusive, is enjoined by a final judgment
of a court of competent jurisdiction, then those moneys shall be
available for expenditure by the state commission for mass media
communication emphasizing the need to eliminate smoking and other
tobacco use by pregnant women, the need to eliminate smoking and
other tobacco use by persons under 18 years of age, and the need to
eliminate exposure to secondhand smoke.
(H) Any moneys allocated and appropriated to any of the accounts
described in subparagraphs (A) to (F), inclusive, that are not
encumbered or expended within any applicable period prescribed by law
shall (together with the accrued interest on the amount) revert to
and remain in the same account for the next fiscal period.
(2) Eighty percent shall be allocated and appropriated to county
commissions in accordance with Section 130140.
(A) The moneys allocated and appropriated to county commissions
shall be deposited in each local Children and Families Trust Fund
administered by each county commission, and shall be expended only
for the purposes authorized by this act and in accordance with the
county strategic plan approved by each county commission.
(B) Any moneys allocated and appropriated to any of the county
commissions that are not encumbered or expended within any applicable
period prescribed by law shall (together with the accrued interest
on the amount) revert to and remain in the same local Children and
Families Trust Fund for the next fiscal period under the same
conditions as set forth in subparagraph (A).
(e) All grants, gifts, or bequests of money made to or for the
benefit of the state commission from public or private sources to be
used for early childhood development programs shall be deposited in
the California Children and Families Trust Fund and expended for the
specific purpose for which the grant, gift, or bequest was made.
The amount of any such grant, gift, or bequest shall not be
considered in computing the amount allocated and appropriated to the
state commission pursuant to paragraph (1) of subdivision (d).
(f) All grants, gifts, or bequests of money made to or for the
benefit of any county commission from public or private sources to be
used for early childhood development programs shall be deposited in
the local Children and Families Trust Fund and expended for the
specific purpose for which the grant, gift, or bequest was made.
The amount of any such grant, gift, or bequest shall not be
considered in computing the amount allocated and appropriated to the
county commissions pursuant to paragraph (2) of subdivision (d).
(g) This section shall remain operative until 90 days after the
date the act that adds this subdivision is approved by the voters,
and as of that date is repealed.
SEC. 4. Section 130110 of the Health and Safety Code is repealed.
130110. (a) There is hereby established a California Children and
Families Commission, which may also be known as First 5 California,
composed of seven voting members and two ex officio members.
(b) The voting members shall be selected, pursuant to Section
130115, from persons with knowledge, experience, and expertise in
early child development, child care, education, social services,
public health, the prevention and treatment of tobacco and other
substance abuse, behavioral health, and medicine (including, but not
limited to, representatives of statewide medical and pediatric
associations or societies), upon consultation with public and private
sector associations, organizations, and conferences composed of
professionals in these fields.
(c) The Secretary of the California Health and Human Services
Agency and the Secretary for Education, or their designees, shall
serve as ex officio nonvoting members of the state commission.
SEC. 5. Section 130115 of the Health and Safety Code is repealed.
130115. The Governor shall appoint three members of the state
commission, one of whom shall be designated as chairperson. One of
the Governor's appointees shall be either a county health officer or
a county health executive. The Speaker of the Assembly and the Senate
Rules Committee shall each appoint two members of the state
commission. Of the members first appointed by the Governor, one shall
serve for a term of four years, and two for a term of two years. Of
the members appointed by the Speaker of the Assembly and the Senate
Rules Committee, one appointed by the Speaker of the Assembly and the
Senate Rules Committee shall serve for a period of four years with
the other appointees to serve for a period of three years.
Thereafter, all appointments shall be for four-year terms. No
appointee shall serve as a member of the state commission for more
than two four-year terms.
SEC. 6. Section 130120 of the Health and Safety Code is repealed.
130120. The state commission shall, within three months after a
majority of its voting members have been appointed, hire an executive
director. The state commission shall thereafter hire such other
staff as necessary or appropriate. The executive director and staff
shall be compensated as determined by the state commission,
consistent with moneys available for appropriation in the
Administration Account. All professional staff employees of the state
commission shall be exempt from civil service. The executive
director shall act under the authority of, and in accordance with the
direction of, the state commission.
SEC. 7. Section 130125 of the Health and Safety Code is repealed.
130125. The powers and duties of the state commission shall
include, but are not limited to, the following:
(a) Providing for statewide dissemination of public information
and educational materials to members of the general public and to
professionals for the purpose of developing appropriate awareness and
knowledge regarding the promotion, support, and improvement of early
childhood development.
(b) Adopting guidelines for an integrated and comprehensive
statewide program of promoting, supporting, and improving early
childhood development that enhances the intellectual, social,
emotional, and physical development of children in California.
(1) The state commission's guidelines shall, at a minimum, address
the following matters:
(A) Parental education and support services in all areas required
for, and relevant to, informed and healthy parenting. Examples of
parental education shall include, but are not limited to, prenatal
and postnatal infant and maternal nutrition, education and training
in newborn and infant care and nurturing for optimal early childhood
development, parenting and other necessary skills, child abuse
prevention, and avoidance of tobacco, drugs, and alcohol during
pregnancy. Examples of parental support services shall include, but
are not limited to, family support centers offering an integrated
system of services required for the development and maintenance of
self-sufficiency, domestic violence prevention and treatment, tobacco
and other substance abuse control and treatment, voluntary
intervention for families at risk, and any other prevention and
family services and counseling critical to successful early childhood
development.
(B) The availability and provision of high quality, accessible,
and affordable child care, both in-home and at child care facilities,
that emphasizes education, training and qualifications of care
providers, increased availability and access to child care
facilities, resource and referral services, technical assistance for
caregivers, and financial and other assistance to ensure appropriate
child care for all households.
(C) The provision of child health care services that emphasize
prevention, diagnostic screenings, and treatment not covered by other
programs; and the provision of prenatal and postnatal maternal
health care services that emphasize prevention, immunizations,
nutrition, treatment of tobacco and other substance abuse, general
health screenings, and treatment services not covered by other
programs.
(2) The state commission shall conduct at least one public hearing
on its proposed guidelines before they are adopted.
(3) The state commission shall, on at least an annual basis,
periodically review its adopted guidelines and revise them as may be
necessary or appropriate.
(c) Defining the results to be achieved by the adopted guidelines,
and collecting and analyzing data to measure progress toward
attaining these results.
(d) Providing for independent research, including the evaluation
of any relevant programs, to identify the best standards and
practices for optimal early childhood development, and establishing
and monitoring demonstration projects.
(e) Soliciting input regarding program policy and direction from
individuals and entities with experience in early childhood
development, facilitating the exchange of information between these
individuals and entities, and assisting in the coordination of the
services of public and private agencies to deal more effectively with
early childhood development.
(f) Providing technical assistance to county commissions in
adopting and implementing county strategic plans for early childhood
development.
(g) Reviewing and considering the annual audits and reports
transmitted by the county commissions and, following a public
hearing, adopting a written report that consolidates, summarizes,
analyzes, and comments on those annual audits and reports.
(h) Applying for gifts, grants, donations, or contributions of
money, property, facilities, or services from any person,
corporation, foundation, or other entity, or from the state or any
agency or political subdivision thereof, or from the federal
government or any agency or instrumentality thereof, in furtherance
of a statewide program of early childhood development.
(i) Entering into any contracts and allocating funds to county
commissions as necessary or appropriate to carry out the provisions
and purposes of this act.
(j) Making recommendations to the Governor and the Legislature for
changes in state laws, regulations, and services necessary or
appropriate to carry out an integrated and comprehensive program of
early childhood development in an effective and cost-efficient
manner.
SEC. 8. Section 130130 of the Health and Safety Code is repealed.
130130. Procedures for the conduct of business by the state
commission not specified in this act shall be contained in bylaws
adopted by the state commission. A majority of the voting members of
the state commission shall constitute a quorum. All decisions of the
state commission, including the hiring of the executive director,
shall be by a majority of four votes.
SEC. 9. Section 130135 of the Health and Safety Code is repealed.
130135. Voting members of the state commission shall not be
compensated for their services, except that they shall be paid
reasonable per diem and reimbursement of reasonable expenses for
attending meetings and discharging other official responsibilities as
authorized by the state commission.
SEC. 10. Section 130140 of the Health and Safety Code is repealed.
130140. Any county or counties developing, adopting, promoting,
and implementing local early childhood development programs
consistent with the goals and objectives of this act shall receive
moneys pursuant to paragraph (2) of subdivision (d) of Section 130105
in accordance with the following provisions:
(a) For the period between January 1, 1999, and June 30, 2000,
county commissions shall receive the portion of the total moneys
available to all county commissions equal to the percentage of the
number of births recorded in the relevant county (for the most recent
reporting period) in proportion to the entire number of births
recorded in California (for the same period), provided that each of
the following requirements has first been satisfied:
(1) The county's board of supervisors has adopted an ordinance
containing the following minimum provisions:
(A) The establishment of a county children and families
commission. The county commission shall be appointed by the board of
supervisors and shall consist of at least five but not more than nine
members.
(i) Two members of the county commission shall be from among the
county health officer and persons responsible for management of the
following county functions: children's services, public health
services, behavioral health services, social services, and tobacco
and other substance abuse prevention and treatment services.
(ii) One member of the county commission shall be a member of the
board of supervisors.
(iii) The remaining members of the county commission shall be from
among the persons described in clause (i) and persons from the
following categories: recipients of project services included in the
county strategic plan; educators specializing in early childhood
development; representatives of a local child care resource or
referral agency, or a local child care coordinating group;
representatives of a local organization for prevention or early
intervention for families at risk; representatives of community-based
organizations that have the goal of promoting nurturing and early
childhood development; representatives of local school districts; and
representatives of local medical, pediatric, or obstetric
associations or societies.
(B) The manner of appointment, selection, or removal of members of
the county commission, the duration and number of terms county
commission members shall serve, and any other matters that the board
of supervisors deems necessary or convenient for the conduct of the
county commission's activities, provided that members of the county
commission shall not be compensated for their services, except they
shall be paid reasonable per diem and reimbursement of reasonable
expenses for attending meetings and discharging other official
responsibilities as authorized by the county commission.
(C) The requirement that the county commission adopt an adequate
and complete county strategic plan for the support and improvement of
early childhood development within the county.
(i) The county strategic plan shall be consistent with, and in
furtherance of the purposes of, this act and any guidelines adopted
by the state commission pursuant to subdivision (b) of Section 130125
that are in effect at the time the plan is adopted.
(ii) The county strategic plan shall, at a minimum, include the
following: a description of the goals and objectives proposed to be
attained; a description of the programs, services, and projects
proposed to be provided, sponsored, or facilitated; and a description
of how measurable outcomes of such programs, services, and
projects will be determined by the
county commission using appropriate reliable indicators. No county
strategic plan shall be deemed adequate or complete until and unless
the plan describes how programs, services, and projects relating to
early childhood development within the county will be integrated into
a consumer-oriented and easily accessible system.
(iii) The county commission shall, on at least an annual basis, be
required to review its county strategic plan and to revise the plan
as may be necessary or appropriate.
(iv) The county commission shall measure the outcomes of county
funded programs through the use of applicable, reliable indicators
and review that information on a periodic basis as part of the public
review of its county strategic plan.
(D) The requirement that the county commission conduct at least
one public hearing on its proposed county strategic plan before the
plan is adopted.
(E) The requirement that the county commission conduct at least
one public hearing on its periodic review of the county strategic
plan before any revisions to the plan are adopted.
(F) The requirement that the county commission submit its adopted
county strategic plan, and any subsequent revisions thereto, to the
state commission.
(G) The requirement that the county commission prepare and adopt
an annual audit and report pursuant to Section 130150. The county
commission shall conduct at least one public hearing prior to
adopting any annual audit and report.
(H) The requirement that the county commission conduct at least
one public hearing on each annual report by the state commission
prepared pursuant to subdivision (b) of Section 130150.
(I) Two or more counties may form a joint county commission, adopt
a joint county strategic plan, or implement joint programs,
services, or projects.
(2) The county's board of supervisors has established a county
commission and has appointed a majority of its members.
(3) The county has established a local Children and Families Trust
Fund pursuant to subparagraph (A) of paragraph (2) of subdivision
(d) of Section 130105.
(b) Notwithstanding any provision of this act to the contrary, no
moneys made available to county commissions under subdivision (a)
shall be expended to provide, sponsor, or facilitate any programs,
services, or projects for early childhood development until and
unless the county commission has first adopted an adequate and
complete county strategic plan that contains the provisions required
by clause (ii) of subparagraph (C) of paragraph (1) of subdivision
(a).
(c) In the event that any county elects not to participate in the
California Children and Families Program, the moneys remaining in the
California Children and Families Trust Fund shall be reallocated and
reappropriated to participating counties in the following fiscal
year.
(d) For the fiscal year commencing on July 1, 2000, and for each
fiscal year thereafter, county commissions shall receive the portion
of the total moneys available to all county commissions equal to the
percentage of the number of births recorded in the relevant county
(for the most recent reporting period) in proportion to the number of
births recorded in all of the counties participating in the
California Children and Families Program (for the same period),
provided that each of the following requirements has first been
satisfied:
(1) The county commission has, after the required public hearings,
adopted an adequate and complete county strategic plan conforming to
the requirements of subparagraph (C) of paragraph (1) of subdivision
(a), and has submitted the plan to the state commission.
(2) The county commission has conducted the required public
hearings, and has prepared and submitted all audits and reports
required pursuant to Section 130150.
(3) The county commission has conducted the required public
hearings on the state commission annual reports prepared pursuant to
subdivision (b) of Section 130150.
(4) The county commission, in a public hearing, has adopted
policies that are consistent with the following state laws:
(A) With regard to conflict of interest of the commission members,
the county commission's policies shall be consistent with Article 4
(commencing with Section 1090) of Chapter 1 of Division 4 of Title 1
of the Government Code, Article 4.7 (commencing with Section 1125) of
Chapter 1 of Division 4 of Title 1 of the Government Code, and
Chapter 7 (commencing with Section 87100) of Title 9 of the
Government Code.
(B) With regard to contracting and procurement, the county
commission's policies shall be consistent with Article 7 (commencing
with Section 54201) of Chapter 5 of Part 1 of Division 2 of Title 5
of the Government Code, Chapter 2 (commencing with Section 2000) of
Part 1 of Division 2 of the Public Contract Code, Section 3410 of the
Public Contract Code, and Chapter 3.5 (commencing with Section
22150) of Part 3 of Division 2 of the Public Contract Code.
(5) The county commission, in a public hearing, has adopted a
limit on the percentage of the county commission's operating budget
that may be spent on administrative functions, pursuant to guidelines
issued by the state commission that define administrative functions.
(6) The county commission has adopted, in a public hearing,
policies and processes establishing the salaries and benefits of
employees of the county commission. Salaries and benefits shall
conform with established county commission or county government
policies.
(e) In the event that any county elects not to continue
participation in the California Children and Families Program, any
unencumbered and unexpended moneys remaining in the local Children
and Families Trust Fund shall be returned to the California Children
and Families Trust Fund for reallocation and reappropriation to
participating counties in the following fiscal year.
(f) For purposes of this section, "relevant county" means the
county in which the mother of the child whose birth is being recorded
resides.
SEC. 11. Section 130140.1 of the Health and Safety Code is
repealed.
130140.1. (a) In the event a county elects to participate in the
California Children and Families Program, and satisfies the
requirements set forth in Section 130140, the county may establish a
county commission that is either of the following:
(1) A legal public entity separate from the county.
(2) An agency of the county with independent authority over the
strategic plan described in Section 130140 and the local trust fund
established pursuant to subparagraph (A) of paragraph (2) of
subdivision (d) of Section 130105.
(b) In the event a county elects to establish a county commission
as specified in paragraph (1) of subdivision (a), the following
conditions shall apply:
(1) The county commission shall be considered a legal public
entity separate from the county, and shall file a statement as
required by Section 53051 of the Government Code.
(2) The powers, duties, and responsibilities of the county
commission shall include, but shall not be limited to, the following:
(A) The power to employ personnel and contract for personal
services required to meet its obligations.
(B) The power to enter into any contracts necessary or
appropriate to carry out the provisions of this division.
(C) The power to acquire, possess, and dispose of real or
personal property, as necessary or appropriate to carry out the
provisions and purposes of this division.
(D) The power to sue or be sued.
(3) The county commission shall be deemed to be a public agency
that is a unit of local government for purposes of all grant programs
and other funding and loan guarantee programs.
(4) Any obligations of the county commission, statutory,
contractual, or otherwise, shall be obligations solely of the
commission.
(5) All claims or actions for money or damages against a county
commission shall be governed by Part 3 (commencing with Section 900)
and Part 4 (commencing with Section 940) of Division 3.6 of Title 1
of the Government Code, except as provided by other statutes or
regulations that expressly apply to county commissions.
(6) The county commission, its members, and its employees are
protected by the immunities applicable to public entities and public
employees governed by Part 1 (commencing with Section 810) and Part 2
(commencing with Section 814) of Division 3.6 of Title 1 of the
Government Code, except as provided by other statutes or regulations
that apply expressly to the county commissions.
(7) If a county board of supervisors elects not to continue the
county's participation in the California Children and Families
Program, the board shall adopt an ordinance terminating the county
commission.
(A) In terminating its county commission, the board of
supervisors shall allow, to the extent possible, an appropriate
transition period to allow for the county commission's then-existing
obligations to be satisfied.
(B) In event of termination, any unencumbered and unexpended
moneys remaining in the local Children and Families Trust Fund shall
be distributed pursuant to subdivision (e) of Section 130140.
(C) Prior to the termination of the county commission, the board
of supervisors shall notify the state Children and Families
Commission of its intent to terminate the county commission.
(D) The liabilities of the county commission shall not become
obligations of the county upon either the termination of the county
commission or the liquidation or disposition of the county commission'
s remaining assets.
(c) If a county elects to establish a county commission as
provided in paragraph (2) of subdivision (a), the county commission
shall be deemed to be an agency of the county with independent
authority over the strategic plan described in Section 130140 and the
local Children and Families Trust Fund established pursuant to
subparagraph (A) of paragraph (2) of subdivision (d) of Section
130105.
(d) Any county commission established prior to the effective date
of this section that substantially complies with the provisions of
either subdivision (b) or (c) shall be deemed to be in compliance
with this section.
(e) (1) Individually identifiable physical or mental health
information, substance abuse information, child care or education
information, personnel or employment information, financial
information, criminal justice information, or demographic
information, regarding a child or a child's parent, legal guardian,
or other family member, that is provided to a county commission by a
parent, legal guardian, family member, health care provider, health
plan, public health authority, school, law enforcement agency, social
services agency, probation agency, or any other source, shall be
considered confidential, and may be disclosed only to a person,
agency, or entity that receives funding from the county commission,
by way of a grant award or contract or as a service provider for the
provision of early childhood services, and only to the extent
necessary to the provision of services, unless further disclosure is
authorized by a written consent of the parent or legal guardian, or
where disclosure is required by state or federal law.
(2) Confidential information identified in accordance with this
section shall not be subject to disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
SEC. 12. Section 130145 of the Health and Safety Code is repealed.
130145. The state commission and each county commission shall
establish one or more advisory committees to provide technical and
professional expertise and support for any purposes that will be
beneficial in accomplishing the purposes of this act. Each advisory
committee shall meet and shall make recommendations and reports as
deemed necessary or appropriate.
SEC. 13. Section 130150 of the Health and Safety Code is repealed.
130150. (a) On or before October 15 of each year, each county
commission shall conduct an audit of, and issue a written report on
the implementation and performance of, its functions during the
preceding fiscal year, including, at a minimum, the manner in which
funds were expended, the progress toward, and the achievement of,
program goals and objectives, and information on programs funded and
populations served for all funded programs.
On or before November 1 of each year, each county commission shall
submit its audit and report to the state commission for inclusion in
the state commission's consolidated report required in subdivision
(b). Each commission shall submit its report in a format prescribed
by the state commission if the state commission approves that format
in a public meeting prior to the fiscal year during which it is to be
used by the county commissions. The state commission shall develop
the format in consultation with the county commissions.
(b) The state commission shall, on or before January 31 of each
year, do both of the following:
(1) Conduct an audit and prepare a written report on the
implementation and performance of the state commission functions
during the preceding fiscal year, including, at a minimum, the manner
in which funds were expended and the progress toward, and the
achievement of, program goals and objectives.
(2) Prepare a written report that consolidates, summarizes,
analyzes, and comments on the annual audits and reports submitted by
all of the county commissions and the Controller for the preceding
fiscal year. The written report shall include a listing, by category,
of the aggregate expenditures on program areas funded by the state
and county commissions pursuant to the purposes of this act,
according to a format prescribed by the state commission. This report
by the state commission shall be transmitted to the Governor, the
Legislature, and each county commission.
(3) In the event a county commission does not submit the
information prescribed in subdivision (a), the state commission may
withhold funds that would otherwise have been allocated to the county
commission from the California Children and Families Trust Fund
pursuant to Section 130140 until the county commission submits the
data as required by subdivision (a).
(c) The state commission shall make copies of each of its annual
audits and reports available to members of the general public on
request and at no cost. The state commission shall furnish each
county commission with copies of those documents in a number
sufficient for local distribution by the county commission to members
of the general public on request and at no cost.
(d) Each county commission shall make copies of its annual audits
and reports available to members of the general public on request and
at no cost.
SEC. 14. Section 130151 of the Health and Safety Code is repealed.
130151. (a) In addition to the requirements in Section 130150,
the Controller shall issue guidelines for expanded annual audits of
each county commission required pursuant to subdivision (b) of
Section 130150 and associated quality control functions, subject to
funding by the state commission.
(b) The scope of the audits shall address a review of county
commission policies and practices with respect to the following
elements:
(1) Contracting and procurement policies, to determine whether
they are in place pursuant to paragraph (4) of subdivision (d) of
Section 130140, whether state and county commissions are operating in
accordance with these policies, and whether these policies contain
provisions to ensure that the grants and contracts are consistent
with the state or county commission's strategic plan.
(2) Administrative costs, to ensure that the county commission's
definitions comply with the state commission's guidelines and that
the county commission has a process in place to monitor these costs.
(3) Policies and procedures, established pursuant to paragraph (4)
of subdivision (d) of Section 130140, designed to assure compliance
by the state commission and county commissions with all applicable
state and local conflict-of-interest statutes and regulations.
(4) Policies and practices designed to assure that county
commissions are adhering to county commission ordinances established
pursuant to paragraph (1) of subdivision (a) of Section 130140.
(5) Long-range financial plans, to determine whether state and
county commissions have these plans and that the plans have been
formally adopted by the commission in a public hearing.
(6) Financial condition of the commission.
(7) Amount commissions spend on program evaluation and the
documented results of these expenditures.
(8) Salaries and benefit policies, to determine whether the county
commission's employee salaries and benefits comply with the policies
that the county commission adopted pursuant to paragraph (6) of
subdivision (d) of Section 130140.
(c) The auditor for the state commission or the county commission
shall submit each audit report, upon completion, simultaneously to
both the Controller and to the state commission or applicable county
commission.
(d) The state commission and each respective county commission
shall schedule a public hearing within two months of receipt of the
audit to discuss findings within the report and any response to the
findings. Within two weeks of the public hearing, the state or county
commission shall submit to the Controller a response to the audit
findings.
(e) Within six months of the state or county commission's response
pursuant to subdivision (d), the Controller shall determine whether
a county commission has successfully corrected its practices in
response to the findings contained in the audit report. The
Controller may, after that determination, recommend to the state
commission to withhold the allocation of money that the county
commission would otherwise receive from the California Children and
Families Trust Fund until the Controller determines that the county
commission has a viable plan and the ability to correct the practices
identified in the audit.
(f) The Controller shall prepare a summary report of the final
audits and submit the report to the state commission by November 1 of
each year for inclusion in the annual report required pursuant to
subdivision (b) of Section 130150.
(g) On or before April 30, 2006, the Controller shall present to
the state commission in a public meeting the final audit guidelines
and implementation plan. When developing the guidelines, the
Controller shall consider the reasonableness of the projected costs
and administrative burden of the required audit functions.
SEC. 15. Section 130155 of the Health and Safety Code is repealed.
130155. The following definitions apply for purposes of this act:
(a) "Act" means the California Children and Families Act of 1998.
(b) "County commission" means each county children and families
commission established in accordance with Section 130140.
(c) "County strategic plan" means the plan adopted by each county
children and families commission and submitted to the California
Children and Families Commission pursuant to Section 130140.
(d) "State commission" means the California Children and Families
Commission established in accordance with Section 130110.
SEC. 16. (a) Each county commission established pursuant to
Division 108 (commencing with Section 130100) of the Health and
Safety Code shall distribute local Children and Families Trust Fund
moneys that remain unencumbered as of the date that this act is
approved by the voters, as provided in subdivision (b).
(b) (1) The county commission shall distribute 50 percent of the
unencumbered moneys in the local Children and Families Trust Fund as
of the date this act is approved by the voters, to the county office
of education. The county office of education shall share these funds
with the school districts in the county, pursuant to a distribution
formula based on average daily attendance (ADA) for the immediately
preceding school year for the county office of education and each
school district. The county office of education shall distribute
funds received from the county commission in accordance with this
formula, within 90 days after receipt. Funds distributed pursuant to
this paragraph shall be expended by the county office of education
and school districts for any lawful purpose related to the operation
of the county office of education or school district.
(2) The county commission shall distribute 50 percent of the
unencumbered moneys in the local Children and Families Trust Fund as
of the date this act is approved by the voters, to the county
treasurer. Within 90 days after receipt, the county treasurer shall
deposit 50 percent of the amount received into the county general
fund, and shall distribute the remaining 50 percent to the
incorporated cities within the county, divided on a per capita basis.
If there are no incorporated cities within the county, the treasurer
shall deposit the total amount received into the county general
fund.
(3) Each county office of education may retain not more than
sixty thousand dollars ($60,000) of the total amount distributed to
the county office of education for administrative purposes. Each
county treasurer may retain not more than sixty thousand dollars
($60,000) of the total amount distributed to the county treasurer for
administrative purposes.
(c) Any unencumbered moneys from the California Children and
Families Trust Fund held by the California Children and Families
Commission on the date this act is approved by the voters shall be
deposited into the General Fund. Moneys deposited into the General
Fund pursuant to this subdivision shall not be subject to the
expenditure limitations contained in subdivision (d) of Section
130105 of the Health and Safety Code, as amended by Section 3 of this
act.
SEC. 17. (a) The California Children and Families Commission
established pursuant to Section 130110 of the Health and Safety Code
shall be abolished 90 days after the date that this act is approved
by the voters. Existing contracts and obligations of the commission
as of that date shall be assumed by the Secretary of California
Health and Human Services, or his or her designee.
(b) County children and families commissions established pursuant
to Section 130140 of the Health and Safety Code shall be abolished 90
days after the date that this act is approved by the voters.
Existing contracts and obligations of each commission as of that date
shall be assumed by the respective counties.
SEC. 18. Sections 1, 2, and 4 to 15, inclusive, of this act shall
become operative 90 days after the date this act is approved by the
voters.
SEC. 19. (a) As an amendment of an initiative statute, Sections 1
to 18, inclusive, of this act shall become effective only upon
approval by the voters at a statewide election.
(b) Sections 1 to 18, inclusive, of this act shall be submitted to
the voters at the next statewide election in accordance with
provisions of the Government Code and the Elections Code governing
the submission of a statewide measure to the voters.
SEC. 20. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 21. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In
order to provide critical funding for health care services that have
been jeopardized by the current budgetary crisis, it is necessary
that this act take effect immediately.
