Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-1500 Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act of 2018.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/17/2017 09:00 PM
AB1500:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1500


Introduced by Assembly Member Maienschein

February 17, 2017


An act to add Chapter 9.3 (commencing with Section 9610) to Division 8.5 of the Welfare and Institutions Code, relating to facilities for the elderly, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1500, as introduced, Maienschein. Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act of 2018.
Existing state and federal law provides for various programs to provide services to elderly persons, as specified. Existing law provided for submission to the voters of the Senior Center Bond Act of 1984.
This bill would provide for submission to the voters of the Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act of 2018. The bill would provide that, if enacted by the people, the state would be authorized to issue and sell general obligation bonds in the aggregate amount of $____. The proceeds of these bonds would be placed in a fund, which would be appropriated to the Controller, without regard to fiscal years, for allocation, at the request of the Director of the California Department of Aging. The bill would provide that money in the fund would be allocated to public or private nonprofit agencies for the purposes of acquiring, renovating, or constructing, or purchasing equipment for, specialized day services centers for dementia, funding startup costs of programs, or program expansion of eligible facilities, as specified.
The bill would provide for submission of the bond act to the voters at the general statewide election occurring on November 6, 2018.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 9.3 (commencing with Section 9610) is added to Division 8.5 of the Welfare and Institutions Code, to read:
CHAPTER  9.3. Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act of 2018

9610.
 This chapter shall be known and may be cited as the Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act of 2018.

9611.
 For purposes of this chapter:
(a) “Acquiring” means obtaining ownership of an existing facility in fee simple or by lease for 10 years or more for use as an eligible facility.
(b) “Altering” or “renovating” means making modifications to an existing facility which are necessary for cost-effective use as an eligible facility, including restoration, repair, expansion, and all related physical improvements.
(c) “Bond” means a state general obligation bond issued pursuant to this chapter adopting the provisions of 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).
(d) “Constructing” means building a new facility, including the costs of land acquisition and architectural, local and state permitting or licensing fees, and engineering fees.
(e) “Department” means the California Department of Aging.
(f) “Director” means the Director of the California Department of Aging.
(g) “Eligible facility” means a nonprofit facility, as described by Section 9542, that is developed to provide a program of specialized day care for participants with moderate to severe dementia.
(h) “Equipment” means tangible personal property having a useful life of more than two years.
(i) “Fund” means the Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act Fund.
(j) “Nonprofit” means an institution or organization that is owned and operated by one or more corporations or associations with no part of the net earnings benefiting any private shareholder or individual.
(k) “Startup costs” means a one-time capital outlay to fund programs in a newly constructed eligible facility, a one-time capital outlay to fund additional programs or services in an existing eligible facility, or initial service delivery costs.

9612.
 There is hereby created the Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act Fund, which is comprised of moneys collected pursuant to the issuance and sale of bonds pursuant to this chapter. The fund is hereby appropriated to the Controller, without regard to fiscal years, for allocation, upon the request of the director, for the purposes specified in this chapter.

9613.
 The department shall make awards from funds derived from this bond act to public or private nonprofit agencies for the purpose of acquiring, renovating, and constructing, and purchasing equipment for, specialized day services centers for dementia, funding startup costs of programs, or program expansion of eligible facilities.

9614.
 Eligible applicants for funding under this chapter include local government entities or other nonprofit private agencies or organizations.

9615.
 (a) A recipient of a contract for the acquisition of a facility to be used as a specialized day services center for dementia shall ensure to the department that the facility will be used for that purpose for at least 10 years from the date of acquisition.
(b) A recipient of a contract for the renovation of an existing facility to be used as an eligible facility shall ensure to the department that the facility will be used for that purpose for the following periods:
(1) Not less than three years from the date the contract terminates, where the amount of the award does not exceed ____.
(2) If the award exceeds ____, the fixed period of time shall increase one year for each additional ____ or part thereof, to a maximum of ____.
(3) For awards that exceed ____, the fixed period of time shall not be less than 10 years.
(c) A recipient of a contract for the construction of a facility to be used as a specialized day services center for dementia shall ensure to the department that the facility will be used for that purpose for at least 20 years after completion of construction.

9616.
 (a) The State of California shall be entitled to recapture a portion of state funds from the owner of a facility, if within 10 years after acquisition or 20 years after completion of construction, either of the following occurs:
(1) The owner of the facility ceases to be a public or nonprofit agency.
(2) The facility is no longer used for activities specified for eligible facilities.
(b) The amount to be recovered shall be that proportion of the current value of the facility equal to the proportion of state funds contributed to the original cost. The current value of the facility shall be determined by an agreement between the owner of the facility and the State of California, or by an action in the court in the jurisdiction in which the facility is located.

9617.
 The department shall secure the advice of the Commission on Aging, area agencies on aging, and other service providers on the request for proposal and the criteria for reviewing and evaluating the responses.

9618.
 The department shall adopt policies and guidelines to carry out the purposes of this section, and the adoption thereof shall be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

9619.
 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) is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued pursuant to this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter.

9620.
 (a) For the purpose of authorizing the issuance and sale, pursuant to 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), of the bonds authorized in this chapter, the Older Californians Dignity and Independence Finance Committee is hereby created. The committee consists of the Treasurer, the Controller, the Director of Finance, and the Director of the California Department of Aging.
(b) The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount of ____, in the manner provided in this chapter. The debt or debts, liability or liabilities shall be created for the purpose of acquiring, renovating and constructing specialized day services centers for dementia, purchasing of equipment, funding start-up costs of programs, or funding expansion of existing programs of eligible facilities.
(c) When sold, the bonds authorized by this chapter shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereon.
(d) There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the interest and principal on the bonds maturing each year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sum.
(e) All money deposited in the fund which has been derived from premium and accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(f) All money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund, this money shall be applied as a reimbursement to the General Fund on account of principal and interest on the bonds which have been paid from the General Fund.

9621.
 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, such an amount as will be equal to the following:
(a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to the provisions of this chapter, as principal and interest become due and payable.
(b) That sum as is necessary to carry out the provisions of Section 9620, which sum is appropriated without regard to fiscal years.

9622.
 (a) For purposes of carrying out this chapter, 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 which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the department in accordance with this chapter. These withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would have otherwise been earned by these sums in the Pooled Money Investment Fund.
(b) The committee may authorize the Treasurer to sell all or any part of the bonds authorized by this chapter at the time or times as may be fixed by the Treasurer.
(c) All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 9612 but shall not be available for transfer to the General Fund to pay principal and interest on bonds. The money in the fund may be expended only as provided in this chapter.

SEC. 2.

 Section 1 of this act shall take effect upon the adoption by the voters of the Elders Living with Dignity, Empathy, Respect, and Serenity (ELDERS) Bond Act of 2018, as set forth in that section.

SEC. 3.

 (a) Notwithstanding Section 9040, 9043, 9044, 9061, 9094, or 13115 of the Elections Code, or any other law, a ballot measure that sets forth Section 1 of this act shall be submitted to the voters at the November 6, 2018, statewide general election.
(b) The Secretary of State shall ensure the placement of the ballot measure as set forth in Section 1 of this act on the November 6, 2018, statewide general election ballot, in substantial compliance with any statutory time requirements applicable to the submission of statewide measures to the voters at a statewide election.
(c) The Secretary of State shall include, in the ballot pamphlet mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the provisions contained in Section 1 of this act.

SEC. 4.

 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order that Section 1 of this act be included on the November 6, 2018, statewide general election ballot for purposes of assisting persons with dementia at the earliest possible time, it is necessary that this act take effect immediately.