BILL NUMBER: AB 1526 AMENDED BILL TEXT AMENDED IN SENATE SEPTEMBER 15, 2008 AMENDED IN SENATE JUNE 17, 2008 AMENDED IN SENATE SEPTEMBER 7, 2007 AMENDED IN SENATE AUGUST 1, 2007 AMENDED IN SENATE JULY 17, 2007 AMENDED IN SENATE JUNE 27, 2007 AMENDED IN SENATE JUNE 4, 2007 INTRODUCED BYAssembly MemberLieberCommittee on Budget FEBRUARY 23, 2007An act to amend Section 50800 of the Health and Safety Code, relating to housing.An act to repeal Sections 8483.5 and 8483.6 of the Education Code, and to amend Section 14 of Proposition 49 of the 2002 statewide general election, relating to before and after school programs, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1526, as amended,LieberCommittee on Budget .Housing and Emergency Shelter Trust Fund Act of 2006: Emergency Housing and Assistance Program.Before and after school programs. Proposition 49, an initiative statute approved by the voters at the November 5, 2002, statewide general election, enacted the After School Education and Safety Program Act of 2002. The act continuously appropriates each fiscal year an amount up to $550,000,000 from the General Fund to the State Department of Education for purposes of the After School Education and Safety Program. The initiative statute prohibits the amendment of specified provisions of the act by the Legislature and requires a supermajority vote of each house to amend another specified provision of the act. This bill would repeal provisions of the act that make that continuous appropriation and would authorize the Legislature to amend any provision of the act by a statute passed by a majority vote of each house. The bill would require the Secretary of State to submit those provisions to the voters at the November 4, 2008, statewide general election, would waive or modify statutory election deadlines and requirements for placement of those provisions on the ballot, and would make the provisions operative on July 1 immediately following the date upon which they are approved by the voters. This bill would declare that it is to take effect immediately as an urgency statute.The Housing and Emergency Shelter Trust Fund Act of 2006 authorizes the issuance of bonds in the amount of $2,850,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds are required to be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. The act establishes the Housing and Emergency Shelter Trust Fund of 2006 in the State Treasury, requires the sum of $1,500,000,000 to be deposited in the Affordable Housing Account, which the act establishes in the fund, and requires the amount of $50,000,000 to be transferred from the account to the Emergency Housing and Assistance Fund established in the State Treasury under existing law, to be distributed in the form of capital development grants under the Emergency Housing and Assistance Program established under certain provisions of existing law.This bill would set forth legislative findings and declarations relating to the Housing and Emergency Shelter Trust Fund Act of 2006 and the Emergency Housing and Assistance Program.Vote:majority2/3 . Appropriation: no. Fiscal committee:noyes . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8483.5 of the Education Code is repealed.8483.5. (a) It is the intent of the Legislature that a minimum of eighty-five million dollars ($85,000,000) be appropriated for the program established pursuant to this article, through the annual Budget Act. Of the funds appropriated for the program, current grant recipients have priority for receiving continued funding for the same purposes for which they previously received an award. This subdivision shall be in effect only until June 30, 2004. (b) Commencing with the fiscal year beginning July 1, 2004, and for each fiscal year thereafter, there shall be continuously appropriated to the State Department of Education from the General Fund for the program established pursuant to this article an amount not to exceed five hundred fifty million dollars ($550,000,000) that is the greater of (1) an amount equal to the appropriation from the General Fund for the program established pursuant to this article for the immediately preceding fiscal year, or (2) an amount equal to the sum of (A) the appropriation from the General Fund for the program established pursuant to this article for fiscal year 2003-04 and (B) the amount by which the state's non-guaranteed General Fund appropriations for the current fiscal year exceed the sum of (i) the amount of the state's non-guaranteed General Fund appropriations for the base year plus (ii) one billion five hundred million dollars ($1,500,000,000). Nothing in this section prohibits the Legislature from appropriating funds for the program established pursuant to this article in excess of this continuous appropriation. (c) For purposes of this section, the term "state's non-guaranteed General Fund appropriations" shall mean those General Fund appropriations of the state in a fiscal year other than those appropriations guaranteed to be applied by the state for the support of school districts and community college districts pursuant to Sections 8 and 8.5 of Article XVI of the California Constitution. For purposes of this section, the "base year" is the fiscal year during the period July 1, 2000 through June 30, 2004 for which the state's non-guaranteed General Fund appropriations are the highest as compared to any other fiscal year during such period. (d) Notwithstanding subdivision (b), in any fiscal year in which the Legislature has legal authority pursuant to paragraph (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution to reduce the moneys applied by the state for the support of school districts and community college districts for the current fiscal year as compared to the moneys applied by the state for the support of school districts and community colleges during the immediately preceding fiscal year, the continuous appropriation pursuant to subdivision (b) shall be reduced for that fiscal year by the same percentage by which the moneys applied by the state for the support of school districts and community college districts in the current fiscal year is less than the moneys applied by the state for the support of school districts and community college districts during the immediately preceding fiscal year. (e) All funds expended pursuant to this article shall be used only for the purposes expressed in this article. Except for funds expended pursuant to subdivision (b) of Section 8482.55, all funds expended pursuant to this article shall be used to supplement and not supplant existing levels of service.SEC. 2. Section 8483.6 of the Education Code is repealed.8483.6. Notwithstanding subdivision (f) of Section 41202, in any fiscal year commencing with the fiscal year beginning July 1, 2004, that portion of any continuous appropriation made by Section 8483.5 for the program established pursuant to this article which is in excess of the amount appropriated for the program established pursuant to this article for the immediately preceding fiscal year shall not be appropriated until the Legislature has appropriated sums sufficient to fully fund the requirements of Sections 8 and 8.5 of Article XVI of the California Constitution for that year and shall be appropriated in addition to the sums required by, and shall not be considered towards fulfilling the funding requirements of, Sections 8 and 8.5 of Article XVI of the California Constitution for that fiscal year.SEC. 3. Section 14 of Proposition 49 , as approved by the voters at the November 5, 2002, statewide general election, is amended to read: Sec. 14.Except for Sections 8482.55, 8483.5, and 8483.6 of the Education Code, theThe After School Education and Safety Program Act of 2002 may be amended to further its purpose by a statute, passed in each house by a majority vote of the membership concurringand signed by the Governor. Section 8482.55 of the Education Code may be amended to further the purpose of the After School Education and Safety Program Act of 2002 by statute, passed in each house by a two-thirds vote of the membership concurring and signed by the Governor. Sections 8483.5 and 8483.6 of the Education Code may not be amended by the Legislature. SEC. 4. (a) Sections 1, 2, and 3 of this act shall take effect only if approved by the voters at the November 4, 2008, statewide general election. Sections 1, 2, and 3 of this act shall become operative on July 1 immediately following approval of those sections by the voters. (b) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, and 9082 of the Elections Code or any other provision of law, the Secretary of State shall submit Sections 1, 2, and 3 of this act to the voters at the November 4, 2008, statewide general election. (c) Notwithstanding Section 13115 of the Elections Code, Sections 1, 2, and 3 of this act and any other measure placed on the ballot by the Legislature for the November 4, 2008, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number. (d) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the provisions contained in Sections 1, 2, and 3 of this act. If that inclusion is not possible, the Secretary of State shall publish a supplemental ballot pamphlet regarding those provisions to be mailed with the ballot pamphlet. If the supplemental ballot pamphlet cannot be mailed with the ballot pamphlet, the supplemental ballot pamphlet shall be mailed separately. SEC. 5. 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 submit the provisions of this act to the voters at the November 4, 2008, statewide general election, it is necessary that this act take effect immediately.SECTION 1.Section 50800 of the Health and Safety Code is amended to read: 50800. (a) It is the intent of the Legislature to encourage the provision of shelter, with effective personal rehabilitation and self-sufficiency development services, to homeless persons at as low a cost and as quickly as possible, without compromising the health and safety of shelter occupants. It is also the intent of the Legislature to encourage the move of homeless persons from shelters to a self-supporting environment as soon as possible, to encourage provision of services for as many persons at risk of homelessness as possible, to encourage compatible and effective funding of homeless services, and to encourage coordination among public agencies that fund or provide services to homeless individuals, as well as agencies that discharge people from their institutions, including, but not limited to, child welfare agencies, health care programs, and jails and prisons. Because many communities currently provide shelter and limited services to individuals who are unable or unwilling to comply with traditional housing programs only during cold and wet weather and because year-round shelter will encourage these individuals to accept services and move toward permanent housing, it is also the intent of the Legislature to increase the availability of year-round shelter to meet the special needs of those individuals, including a Safe Haven that provides supportive housing for seriously mentally ill homeless persons. (b) There is hereby created the Emergency Housing and Assistance Program. (c) To the extent possible, the Emergency Housing and Assistance Program shall not conflict with the federal Stewart B. McKinney Homeless Assistance Act, as approved on July 22, 1987, cited as Public Law 100-77, as it is, from time to time, amended, and regulations promulgated thereunder by the United States Department of Housing and Urban Development, or its successor. (d) The Legislature finds and hereby declares that the intent of the people of the State of California in approving the Housing and Emergency Shelter Trust Fund Act of 2007 during the November 7, 2006, statewide general election, was, among other things, to make capital outlay funds from the Emergency Housing Assistance Program available to emergency shelters for victims of family and domestic violence and their children on an equal basis with other emergency shelters.