BILL NUMBER: AB 1994 CHAPTERED 09/21/04 CHAPTER 633 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2004 APPROVED BY GOVERNOR SEPTEMBER 21, 2004 PASSED THE ASSEMBLY AUGUST 25, 2004 PASSED THE SENATE AUGUST 24, 2004 AMENDED IN SENATE AUGUST 19, 2004 AMENDED IN SENATE JULY 22, 2004 AMENDED IN SENATE JULY 2, 2004 AMENDED IN ASSEMBLY APRIL 19, 2004 INTRODUCED BY Assembly Member Berg FEBRUARY 13, 2004 An act to amend Section 18723 of the Revenue and Taxation Code, and to amend Sections 9203.5, 9301, 9302, and 9305 of, to add Section 9304.5 to, and to repeal Section 9206 of, the Welfare and Institutions Code, relating to the California Senior Legislature. LEGISLATIVE COUNSEL'S DIGEST AB 1994, Berg. California Senior Legislature. Existing law provides for the allocation of funds contributed to the California Fund for Senior Citizens and appropriated by the Legislature to the California Commission on Aging for allocation to the California Senior Legislature according to a specified formula, with the balance, if any, to the commission for senior citizens direct services programs through contracts with the California Department of Aging and Long-Term Care. This bill would delete the formula and, instead, would provide for the direct allocation of those funds to the California Senior Legislature, and would provide that the allocated funds shall be spent pursuant to the purview of the Joint Rules Committee of the California Senior Legislature. Existing law provides that the funds allocated for California Senior Legislature activities be spent no later than March 1, 1994. Existing law provides that the commission may accept gifts on behalf of the California Senior Legislature and requires the commission to implement law relating to the California Senior Legislature pursuant to an agreement entered into with the California Senior Legislature. This bill would repeal those provisions. Existing law establishes 2-year terms for members of the California Senior Legislature, and specifies the authority of the California Senior Legislature to define its program and utilize its funds in any way necessary to carry out its duties. This bill would change the term to a 4-year term for members elected or appointed on and after January 1, 2006, and would require the California Senior Legislature to enter into interagency agreements with a state entity to carry out administrative duties related to its program, and to identify the state entity by May 1, 2005. Existing law provides that the members of the California Senior Legislature be elected according to rules developed in cooperation with the commission. This bill would provide that the members of the California Senior Legislature be elected or appointed according to rules developed in cooperation with the California Association of Area Agencies on Aging. Existing law provides that funds for the supportive activities of the commission be allocated from the California Fund for Senior Citizens, private funds, and federal funds. Existing law provides that funds for the California Senior Legislature be allocated from appropriate federal funds. This bill would delete those provisions. This bill would provide that the California Senior Legislature may accept gifts and grants from public or private sources. This bill would provide that its provisions become operative on July 1, 2006, or when both the Joint Rules Committee of the California Senior Legislature and the Executive Director of the commission report to the Chief Clerk of the Assembly that the separation of the California Senior Legislature and the commission has been accomplished, whichever is earlier. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to make statutory changes needed to accomplish the separation of the California Senior Legislature and the Commission on Aging in a way that is amicable to both entities. SEC. 2. Section 18723 of the Revenue and Taxation Code is amended to read: 18723. (a) All moneys transferred to the California Fund for Senior Citizens pursuant to Section 18722, upon appropriation by the Legislature, shall be allocated as follows: (1) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. (2) The balance to the California Senior Legislature, for its ongoing activities on behalf of older persons. (b) All moneys allocated pursuant to paragraph (2) of subdivision (a) may be carried over from the year in which they were received and encumbered in any following year. (c) The funds allocated to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature shall be spent pursuant to the purview of the Joint Rules Committee of the California Senior Legislature in a manner consistent with the bylaws of the California Senior Legislature, established through a majority vote of the California Senior Legislature. SEC. 3. Section 9203.5 of the Welfare and Institutions Code is amended to read: 9203.5. The commission may also accept gifts on behalf of the Area Agency on Aging Advisory Council of California, subject to the provisions of Section 9203, as those provisions apply to the commission. SEC. 4. Section 9206 of the Welfare and Institutions Code is repealed. SEC. 5. Section 9301 of the Welfare and Institutions Code is amended to read: 9301. (a) The California Senior Legislature shall be composed of two houses, the California Senior Senate, composed of 40 members, and the California Senior Assembly, composed of 80 members. (b) Members of the California Senior Legislature shall serve two-year terms. (c) Notwithstanding subdivision (b), members elected or appointed to the California Senior Legislature on or after January 1, 2006, shall serve four-year terms. SEC. 6. Section 9302 of the Welfare and Institutions Code is amended to read: 9302. The members of the California Senior Legislature shall be elected or appointed, in all 33 planning and service areas in California, according to rules developed by the California Senior Legislature in cooperation with the California Association of Area Agencies on Aging. SEC. 7. Section 9304.5 is added to the Welfare and Institutions Code, to read: 9304.5. (a) The California Senior Legislature shall enter into a mutually agreed-upon interagency agreement with a state entity to carry out administrative duties related to its program. (b) The California Senior Legislature shall identify the state entity for purposes of subdivision (a) by May 1, 2005, in order to meet the budget proposal cycle to achieve a transition of responsibilities in the 2006-07 fiscal year. (c) This section does not preclude the California Senior Legislature from entering into mutually agreed-upon interagency agreements for any subsequent fiscal year. SEC. 8. Section 9305 of the Welfare and Institutions Code is amended to read: 9305. (a) The funds for the California Senior Legislature shall be allocated from the California Fund for Senior Citizens or private funds directed to the Legislature for the purpose of funding activities of the California Senior Legislature. (b) The California Senior Legislature may accept gifts and grants from any source, public or private, to help perform its functions, pursuant to Section 9304. SEC. 9. This act shall become operative on July 1, 2006, or when both the Joint Rules Committee of the California Senior Legislature and the Executive Director of the California Commission on Aging report to the Chief Clerk of the Assembly that the separation of the California Senior Legislature and the Commission on Aging has been accomplished, whichever is earlier.