BILL NUMBER: AB 194 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 7, 2007
INTRODUCED BY Committee on Budget (Laird (Chair), Arambula, Beall,
Berg, Brownley, Dymally, Feuer, Hayashi, Hernandez, Jones, Mullin,
Ruskin, Swanson, and Wolk)
JANUARY 25, 2007
An act relating to to amend and supplement
the Budget Act of 2007 (Chapters 171 and 172 of the
Statutes of 2007) by amending Items 3790-001-0001, 3790-497,
4260-111-0001, 4260-111-0236, 6110-101-0349, 7100-001-0514, and
7100-001-0870 of Section 2.00 of that act, relating to the state
budget, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 194, as amended, Committee on Budget. Budget Act of 2007.
This bill would express the intent of the Legislature to
enact statutory changes relating to the Budget Act of 2007.
The Budget Act of 2007 made appropriations for the support of
state government for the 2007-08 fiscal year.
This bill would amend and supplement the Budget Act of 2007
by revising items of appropriation for the State Department of Health
Care Services, the Employment Development Department, the Department
of Parks and Recreation, the State Department of Education, and the
Board of Governors of the California Community Colleges.
This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2007.
SECTION 1. Item 3790-001-0001 of Section 2.00 of
the Budget Act of 2007 is amended to read:
3790-001-0001--For support of Department
of Parks and Recreation.................... 130,359,000
145,359,000
Schedule:
(1) For support of the
Department of Parks
and Recreation....... 368,495,000
383,495,000
(2) Reimbursements....... -32,199,000
(3) Less funding
provided by capital
outlay............... -4,000,000
(4) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection Bond Fund
(Item 3790-001-0005). -6,639,000
(5) Amount payable from
the California
Environmental
License Plate Fund
(Item 3790-001-0140). -3,264,000
(6) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
3790-001-0235)....... -11,258,000
(7) Amount payable from
the Off-Highway
Vehicle Trust Fund
(Item 3790-001-0263). -42,336,000
(8) Amount payable from
the State Parks and
Recreation Fund
(Item 3790-001-0392). -121,173,000
(9) Amount payable from
the Winter
Recreation Fund
(Item 3790-001-0449). -390,000
(10) Amount payable from
the Harbors and
Watercraft Revolving
Fund (Item 3790-001-
0516)................ -814,000
(11) Amount payable from
the Federal Trust
Fund (Item 3790-001-
0890)................ -6,341,000
(12) Amount payable from
the California Main
Street Program Fund
(Item 3790-001-3077). -175,000
(13) Amount payable from
the California Clean
Water, Clean Air,
Safe Neighborhood
Parks, and Coastal
Protection Fund
(Item 3790-001-6029). -4,433,000
(14) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3790-001-6031)....... -491,000
(15) Amount payable from
Safe Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-001-6051)....... -4,623,000
Provisions:
1. Of the funds appropriated by this
act from the General Fund and
special funds, other than the Off-
Highway Vehicle Trust Fund and
bond funds, to the Department of
Parks and Recreation for local
assistance grants to local
agencies, the department may
allocate an amount not to exceed
3.7 percent of each project's
allocation, except to the extent
otherwise restricted by law, to
allow the department to
administer its grants. Those
funds shall be available for
encumbrance or expenditure until
June 30, 2013.
2. It is the intent of the
Legislature that salaries, wages,
operating expenses, and positions
associated with implementing
specific Department of Parks and
Recreation capital outlay
projects continue to be funded
through capital outlay
appropriations, and that these
funds should also be reflected in
the department's state operations
budget in the Governor's Budget
as a special item of expense
reflecting the funding provided
from the capital outlay
appropriations.
3. Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund, in an amount
not to exceed 35 percent of
reimbursements appropriated in
this item to the Department of
Parks and Recreation, provided
that:
(a) The loan is to meet cash
needs resulting from the
delay in receipt of
reimbursements for
services provided.
(b) The loan is for a short
term and shall be repaid
by September 30, 2008.
(c) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(d) The Director of Finance
may not approve the loan
unless the approval is
made in writing and filed
with the Chairperson of
the Joint Legislative
Budget Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval, or
not sooner than whatever
lesser time that the
chairperson of the joint
committee or his or her
designee may determine.
4. The augmentation of $1,711,000 in
Schedule (7) is to be used to
fund restoration activities
within state parks in which off-
highway vehicle activity is or
has been permitted, including
areas where off-highway vehicle
recreation has been determined to
not be appropriate.
5. Notwithstanding Section 4.11 or
any other provision of law, up to
61 positions initially authorized
in accordance with Schedule (15)
shall not be abolished pursuant
to Section 12439 of the
Government Code prior to June 30,
2015.
6. Schedule (1) includes $4,104,000
for remediation and treatment
activities at Empire Mine State
Historic Park. Notwithstanding
any other provision of law, these
funds shall be available for
expenditure upon the approval of
the Director of Finance, after
the submission by the Department
of Parks and Recreation of
detailed information on the
activities to be funded and their
cost.
7. The Department of Parks and
Recreation shall have a
celebration at the Allensworth
State Park on the one hundredth
anniversary of the founding of
the town of Allensworth, and this
celebration shall be done within
the department's existing
resources.
8. It is the intent of the
Legislature that the Department
of Parks and Recreation shall
prioritize funds appropriated to
the department from the Harbors
and Watercraft Revolving Fund and
the Motor Vehicle Fuel Account,
Transportation Tax Fund, for
boating-related activities that
include, but are not limited to,
major and minor capital outlay
projects, boating trails, boating
trail grants, boating trails
access facilities, beach erosion
grants, and state park boating
facilities operations and
maintenance costs.
SEC. 2. Item 3790-497 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3790-497--Reversion, Department of Parks and
Recreation. As of June 30, 2007, the balances provided
in the following citations shall revert to the fund
from which the appropriations were made:
0001--General Fund
+
(1) Item 3790-001-0001, Budget Act of 2006 (Chs.
47 and 48, Stats. 2006)
(1) For support of the
Department of Parks and
Recreation................ 160,000,000
175,000,000
+
0005--Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Fund
(1) Item 3790-101-0005, Budget Act of 2001 (Ch.
106, Stats. 2001)
(1) 80.25-Recreational Grants
(a) Local agencies
operating park
units.......... 835,000
(2) Item 3790-001-0005, Budget Act
of 2005 (Chs. 38 and 39, Stats.
2005)........................... 107,000
+
6029--California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Item 3790-001-6029, Budget Act
of 2005 (Chs. 38 and 39, Stats.
2005), as reappropriated by
Item 3790-490, Budget Act of
2006 (Chs. 47 and 48, Stats.
2006)........................... 3,000,000
SEC. 3. Item 4260-111-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4260-111-0001--For local assistance,
Department of Health Care Services........ 162,616,000
Schedule:
(1) 20.10-Medical Care
Services............ 5,119,000
(2) 20.25-Children's
Medical Services.... 266,860,000
(3) 20.35-Primary and
Rural Health........ 43,289,000
41,289,000
(4) Reimbursements...... -14,825,000
(5) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 4260-111-
0080)............... -24,000
(6) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-111-
0236)............... -17,148,000
-15,148,000
(7) Amount payable from
the Federal Trust
Fund (Item 4260-111-
0890)............... -120,655,000
Provisions:
1. Program 20.25-Children's Medical
Services: Counties may retain 50
percent of total enrollment and
assessment fees that are
collected by the counties for
the California Children's
Services Program. Fifty percent
of the enrollment and assessment
fee for each county shall be
offset from the state's match
for that county.
2. Notwithstanding any other
provision of law, the
Department of Finance may
authorize transfer of
expenditure authority between
this item and Items 4260-101-
0001, 4260-102-0001, and 4260-
113-0001 in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such transfer unless
prior notification of the
transfer has been included in
the Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code.
SEC. 4. Item 4260-111-0236 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4260-111-0236--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Unallocated Account, Cigarette
and Tobacco Products Surtax Fund.......... 17,148,000
15,148,000
SEC. 5. Item 6110-101-0349 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-101-0349--For local assistance,
Department of Education, Program 20.90-
Instructional Support, for allocation to
the Fiscal Crisis and Management Assistance
Team for the purpose of administering the
California School Information Services
(CSIS) Program, payable from the
Educational Telecommunication Fund.......... 1,225,000
3,235,000
Provisions:
1. Notwithstanding Section 10554 of
the Education Code, the Controller
shall transfer from the General
Fund the actual amount certified by
the Superintendent of Public
Instruction as reductions made to
apportionments in the 2006-07
fiscal year for repayments of prior
year excess apportionments
identified pursuant to audit or
audit settlements identified as a
result of audit investigations, or
inquiries.
2. Of the funds appropriated in this
item, $828,000 is to be provided to
non-CSIS participating school
districts for support of
maintenance of individual student
identifiers.
3. Of the funds appropriated in this
item, $2,010,000 is to be provided
to the Fiscal Crisis and Management
Assistance Team on a one-time basis
for the purpose of administering
the CSIS Program. These funds shall
be used to: (a) replace outdated
server capacity, including a three-
year service agreement, (b)
purchase automated testing tools
needed to address system stability
and software testing, and (c)
address technical assistance
workload.
SEC. 6. Item 7100-001-0514 of Section 2.00 of the
Budget Act of 2007 is amended to read:
7100-001-0514--For support of Employment
Development Department, for payment to
Item 7100-001-0870, payable from the
Employment Training Fund................... 51,600,000
61,600,000
Provisions:
1. Upon order of the Director of
Finance, funds disencumbered
from Employment Training Fund
training contracts during the
2007-08 fiscal year that have
not reverted as of July 1,
2007, may be appropriated in
augmentation of this item.
2. Notwithstanding subparagraph
(B) of paragraph (2) of
subdivision (a) of Section
10206 of the Unemployment
Insurance Code, the Employment
Training Panel's
administrative costs may
exceed 15 percent of the
amount appropriated in this
item.
SEC. 7. Item 7100-001-0870 of Section 2.00 of the
Budget Act of 2007 is amended to read:
7100-001-0870--For support of Employment
Development Department, payable from the
Unemployment Administration Fund-Federal.. 523,595,000
Schedule:
(1) 10-Employment and
Employment Related
Services............ 168,065,000
(2) 21-Tax Collections
and Benefit
Payments............ 626,785,000
(3) 22-California
Unemployment
Insurance Appeals
Board............... 74,196,000
(4) 30.01-General
Administration...... 56,859,000
(5) 30.02-Distributed
General
Administration...... -51,194,000
(6) 50-Employment
Training Panel...... 46,345,000
56,345,000
(7) Reimbursements...... -22,916,000
(8) Amount payable from
the General Fund
(Item 7100-001-
0001)............... -25,176,000
(9) Amount payable from
the Employment
Development
Department Benefit
Audit Fund (Item
7100-001-0184)...... -14,621,000
(10) Amount payable from
the Employment
Development
Contingent Fund
(Item 7100-001-
0185)............... -67,435,000
(11) Amount payable from
the Employment
Training Fund (Item
7100-001-0514)...... -51,600,000
-61,600,000
(12) Amount payable from
the Unemployment
Compensation
Disability Fund
(Item 7100-001-
0588)............... -214,768,000
(13) Amount payable from
the School
Employees Fund
(Item 7100-001-
0908)............... -945,000
Provisions:
1. Funds appropriated in this item
are in lieu of the amounts that
otherwise would have been
appropriated pursuant to Section
1555 of the Unemployment
Insurance Code.
2. Provision 1 of Item 7100-001-
0588 also applies to funds
appropriated in this item for
the Unemployment Insurance
Program.
3. No later than September 13,
2007, the Secretary of Labor and
Workforce Development shall
report to the Director of
Finance and the Joint
Legislative Budget Committee on
the progress of the Underground
Economy Enforcement Program and
shall provide justification
for its continuance.
SEC. 8. (a) The sum of five million dollars
($5,000,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction in augmentation of the amount
appropriated in Schedule (1) of Item 6110-196-0001 of Section 2.00 of
the Budget Act of 2007 (Chapter 171 of the Statutes of 2007). The
funds appropriated in this section are available for the provision of
wraparound care to children enrolled in state preschool programs.
The Superintendent of Public Instruction shall assign priority for
funds appropriated in this section for the provision of wraparound
care to children enrolled in prekindergarten and family literacy
programs authorized by Section 8238.4 of the Education Code.
(b) For purposes of this act, "wraparound care" means child care
services provided to children enrolled in state preschool programs
for the portion of each day not otherwise covered by services
provided as part of those programs.
SEC. 9. (a) The sum of thirty-three million one
hundred thousand dollars ($33,100,000) is hereby appropriated from
the General Fund to the Board of Governors of the California
Community Colleges, in augmentation of Schedule (2) (10.10.020 Basic
Skills and Apprenticeship) of Item 6870-101-0001 of the Budget Act of
2007 (Chapters 171 and 172 of the Statutes of 2007).
(b) These funds shall be available for the following purposes:
(1) The sum of one million six hundred thousand dollars
($1,600,000) for faculty and staff development to improve curriculum,
instruction, student services, and program practices in the areas of
basic skills and English as a Second Language (ESL) programs. The
Office of the Chancellor shall select a district, utilizing a
competitive process, to carry out these faculty and staff development
activities. All colleges receiving funds pursuant to paragraph (2)
shall be provided with the opportunity to participate in the faculty
and staff development programs specified in this paragraph. The
Chancellor shall report on the use of these funds by the selected
district to the Legislative Analyst and the Department of Finance not
later than September 1, 2008.
(2) The sum of thirty-one million five hundred thousand dollars
($31,500,000) for allocation by the Chancellor to community college
districts for improving outcomes of students who enter college
needing at least one course in ESL or basic skills, with particular
emphasis on students transitioning from high school.
(A) Funds allocated pursuant to this paragraph shall be expended
for program and curriculum planning and development, student
assessment, advisement and counseling services, supplemental
instruction and tutoring, articulation, instructional materials and
equipment, and any other purpose directly related to the enhancement
of basic skills, ESL instruction, and related student programs. The
allocated funds shall supplement, and not supplant, current
expenditures by districts for matriculation and assessment services,
basic skills, ESL instruction, and related student programs.
(B) To be eligible to receive funds pursuant to this paragraph, a
district must submit to the Office of the Chancellor an application
containing a certification that the college will, within the fiscal
year, (i) complete an assessment of its programs and activities
serving basic skills and ESL students utilizing the assessment tool
developed pursuant to paragraph (1) of Item 6870-493 of Section 2.00
of the Budget Act of 2006 (Chapters 47 and 48 of the Statutes of
2006), and (ii) submit to the Office of the Chancellor an action and
expenditure plan for funds received under this paragraph.
(C) The Office of the Chancellor shall work jointly with the
Department of Finance and the Legislative Analyst to develop annual
accountability measures for this program. It is the intent of the
Legislature that annual performance accountability measures for this
program utilize, to the extent possible, data available as part of
the accountability system developed pursuant to Section 84754.5 of
the Education Code. By November 1, 2008, the Chancellor shall submit
a report to the Governor and Legislature on the annual accountability
measures developed pursuant to this process.
(D) The Chancellor shall distribute funds to districts on the
basis of the following two factors, with equal weight given to each:
(i) the number of full-time equivalent students generated in basic
skills and ESL courses in the preceding fiscal year; and (ii) the
number of full-time equivalent students generated in basic skills and
ESL courses by students transitioning from high schools in the
preceding fiscal year. For purposes of distributing these funds, the
Chancellor may establish a minimum allocation of one hundred thousand
dollars ($100,000) per college.
SEC. 10. 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 ensure that state programs are properly funded for the
2007-08 fiscal year, it is necessary that this act take effect
immediately.