BILL NUMBER: SB 1492 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2008
INTRODUCED BY Senator McClintock
FEBRUARY 21, 2008
An act to amend Sections 8482.55 and 8483.5 of
Section 8482.55 of, to repeal Sections 8483.51 and 8483.6 of, to
repeal and add Section 8483.5 of, , and to add Section 8482.1
to, the Education Code, and to repeal Section 14 of Proposition 49 of
the 2002 general election, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1492, as amended, McClintock. After School Education and Safety
Program Act of 2002: funding.
Proposition 49, an initiative measure approved by the electors at
the November 5, 2002, general election, enacted the After School
Education and Safety Program Act of 2002. The initiative measure
prohibits the amendment of specified provisions of the act by the
Legislature, including a provision that, commencing with the fiscal
year beginning July 1, 2004, and for each fiscal year thereafter,
requires a continuous appropriation of an amount not to exceed
$550,000,000 from the General Fund to the State Department of
Education for the After School Education and Safety Program.
This bill would instead require the continuous
appropriation to commence after specified fiscal requirements are
met, including, but not limited to, that funds approved from the
General Fund are sufficient to provide both the minimum amount of
funding to school districts and community college districts required
by specified provisions of the California Constitution and the total
amount of any outstanding balance of a maintenance factor
repeal the continuous appropriation of funds, and would instead
authorize the Legislature to appropriate funds for the program in the
annual Budget Act or another statute . The bill would further
authorize the Legislature to make subsequent amendments to the After
School Education and Safety Program Act of 2002 by a majority vote of
the membership of each house and the Governor's signature. The bill
would make conforming changes.
Because the bill would amend an initiative act, the bill would
provide for its specified provisions to
be submitted to the voters for approval.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8482.1 is added to the Education Code, to read:
8482.1. This article may be amended by a statute,
passed in each house by a majority vote of the membership concurring
and signed by the Governor.
SEC. 2. Section 8482.55 of the Education Code
is amended to read:
8482.55. (a) To accomplish the purposes of the After School
Education and Safety Program, commencing with the fiscal year
beginning July 1, 2004, and for each fiscal year thereafter, all
grants made pursuant to this article shall be awarded as set forth in
this section.
(b) (1) Grants made to public schools pursuant to this article
shall commence as set forth in paragraph (2) of subdivision (b) of
Section 8483.5 and shall continue to be funded in each subsequent
fiscal year at that initial fiscal year level, after the adjustments
provided in paragraphs (1) and (2) of subdivision (a) of Section
8483.7 and paragraphs (1) and (2) of subdivision (a) of Section
8483.75 have been made, before any other grants are funded under this
article, provided those schools continue to make application for the
grants and are otherwise qualified pursuant to this article. Receipt
of a grant at the initial fiscal year level made pursuant to this
subdivision shall not affect a school's eligibility for additional
grant funding as permitted in subdivisions (c) and (d) up to the
maximum grants permitted in Sections 8483.7 and 8483.75.
(2) (A) An elementary or middle school program grantee funded
pursuant to Section 8484.8 when grants were initially made pursuant
to paragraph (2) of subdivision (b) of Section 8483.5 shall apply to
receive a new grant under this article in the next fiscal year after
grants have initially commenced pursuant to paragraph (2) of
subdivision (b) of Section 8483.5. These programs shall receive
priority for funding before any new grant is funded pursuant to this
article, if the program is otherwise qualified pursuant to this
article. Notwithstanding the maximum grant amounts permitted in
Sections 8483.7 and 8483.75, the grantee shall receive the same
amount of grant funding that it was awarded pursuant to Section
8484.8 in the fiscal year prior to the year for which the grantee
requests funding pursuant to this article. The grantee shall apply to
the department, and elect to receive funding under this article, on
or before a date established by the department that is prior to the
date by which the department awards new grants pursuant to this
article.
(B) Grantees funded pursuant to Section 8484.8 in the fiscal year
in which grants initially commenced pursuant to paragraph (2) of
subdivision (b) of Section 8483.5 may elect to receive funding
pursuant to this article in the next fiscal year and shall be funded
under the conditions outlined in subparagraph (A), if funds are
available.
(c) Each public elementary, middle, and junior high school in the
state shall be eligible to receive a three year renewable direct
grant for after school programs to be operated during the regular
school year, as provided in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 8483.7. In the case of schools serving a
combination of elementary, middle, and junior high school pupils, the
applicant may apply for a grant with funding based on the middle
school grant maximum. The program shall comply with the elementary
program and attendance requirements for pupils in the elementary
grades. For purposes of this article, a school serving a combination
of middle and junior high school and high school pupils shall be
eligible to apply for a grant to serve pupils through grade 9. Except
as provided in this subdivision, grants for after school programs
made pursuant to this subdivision shall be subject to all other
sections of this article. Grants for after school programs made
pursuant to this subdivision shall not exceed one hundred twelve
thousand five hundred dollars ($112,500) for each regular school year
for each elementary school or one hundred fifty thousand dollars
($150,000) for each regular school year for each middle or junior
high school. Except as provided in subdivision (f) of this section
and subdivision (a) of Section 8482.5, each public elementary,
middle, and junior high school in the state shall have equal priority
of funding for grants for after school programs made pursuant to
this subdivision. Receipt of a grant for an after school program made
pursuant to this subdivision shall not affect a school's eligibility
for additional grant funding as permitted in subdivision (d) up to
the maximum grants permitted in Sections 8483.7 and 8483.75. Grants
made pursuant to this subdivision shall be funded after grants made
pursuant to subdivision (b) and before any grants made pursuant to
subdivision (d). Grants made pursuant to this subdivision shall be
referred to as "After School Education and Safety Universal Grants."
(d) All funds remaining from the appropriation provided in Section
8483.5 after award of grants pursuant to subdivisions (b) and (c)
shall be distributed pursuant to Sections 8483.7 and 8483.75. Grants
for programs made pursuant to this subdivision shall be subject to
all other sections of this article. Priority for grants for programs
made pursuant to this subdivision shall be established pursuant to
subdivision (a) of Section 8482.5 and Section 8483.3.
(e) With the exception of schools previously funded under both
this article and Section 8484.8, a school shall not receive grants in
excess of the amounts provided in Sections 8483.7 and 8483.75.
(f) If in any fiscal year the appropriation made pursuant to
Section 8483.5 is insufficient to fund all eligible schools who
submit an eligible application for After School Education and Safety
Universal Grants pursuant to subdivision (c), priority for After
School Education and Safety Universal Grants shall be established
pursuant to subdivision (a) of Sections 8482.5 and 8483.3.
SEC. 3. Section 8483.5 of the Education Code is
amended to read:
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.
(b) (1) Commencing with the fiscal year after the fiscal year in
which all of the conditions set forth in paragraph (2) are met, 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 (A) 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 (B) an amount equal to the
sum of (i) the appropriation from the General Fund for the program
established pursuant to this article for fiscal year 2003-04 and (ii)
the amount by which the state's nonguaranteed General Fund
appropriations for the current fiscal year exceed the sum of (I) the
amount of the state's nonguaranteed 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.
(2) Funds shall be appropriated pursuant to this subdivision
commencing the fiscal year after the fiscal year in which all of the
following conditions are met:
(A) Funds appropriated from the General Fund for the fiscal year
are sufficient to provide both the minimum amount of funding to
school districts and community college districts required by
subdivision (b) of Section 8 of Article XVI of the California
Constitution and the total amount of any outstanding balance of a
maintenance factor.
(B) Prior to July 1 of the fiscal year, the amount of General Fund
moneys appropriated to school districts and community college
districts for each fiscal year back to and including the 2003-04
fiscal year was sufficient to provide the minimum amount of funding
to school districts and community college districts required by
subdivision (b) of Section 8 of Article XVI of the California
Constitution.
(C) The Department of Finance, in consultation with the
Legislative Analyst's Office, certifies both of the following:
(i) The fiscal year will end with a projected balance in the
Budget Stabilization Account of at least 3 percent of the estimated
amount of General Fund revenues for the fiscal year.
(ii) The annual baseline General Fund revenues are estimated to
exceed annual baseline General Fund expenditures in the succeeding
two fiscal years.
(c) For purposes of this section, the following definitions apply:
(1) "State's nonguaranteed General Fund appropriations" means
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.
(2) "Base year" means the fiscal year during the period July 1,
2000 through June 30, 2004 for which the state's nonguaranteed
General Fund appropriations are the highest as compared to any other
fiscal year during such period.
(3) "Baseline General Fund revenues and expenditures" shall be
defined by the Legislature for purposes of this section to
incorporate inflation adjustments, one-time costs arising from court
cases and other factors, workload adjustments, caseloads, and other
relevant fiscal matters.
(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 8482.55 of the
Education Code is amended to read:
8482.55. (a) To accomplish the purposes of the After School
Education and Safety Program, commencing with the fiscal year
beginning July 1, 2004, and for each fiscal year thereafter, all
grants made pursuant to this article shall be awarded as set forth in
this section.
(b) (1) Grants made to public schools pursuant to this article for
the 2005-06 fiscal year shall continue to be funded in each
subsequent fiscal year at the 2005-06 fiscal year level, after the
adjustments provided in paragraphs (1) and (2) of subdivision (a) of
Section 8483.7 and paragraphs (1) and (2) of subdivision (a) of
Section 8483.75 have been made, before any other grants are funded
under this article, provided those schools continue to make
application for the grants and are otherwise qualified pursuant to
this article. Receipt of a grant at the 2005-06 fiscal year level
made pursuant to this subdivision shall not affect a school's
eligibility for additional grant funding as permitted in subdivisions
(c) and (d) up to the maximum grants permitted in Sections 8483.7
and 8483.75.
(2) (A) An elementary or middle school program grantee funded
pursuant to Section 8484.8 shall apply to receive a new grant under
this article in the 2006-07 fiscal year. These programs shall receive
priority for funding before any new grant is funded pursuant to this
article, if the program is otherwise qualified pursuant to this
article. Notwithstanding the maximum grant amounts permitted in
Sections 8483.7 and 8483.75, the grantee shall receive the same
amount of grant funding that it was awarded pursuant to Section
8484.8 in the fiscal year prior to the year for which the grantee
requests funding pursuant to this article. The grantee shall apply to
the department, and elect to receive funding under this article, on
or before a date established by the department that is prior to the
date by which the department awards new grants pursuant to this
article.
(B) Grantees funded pursuant to Section 8484.8 in the 2005-06
fiscal year may elect to receive funding pursuant to this article
after the 2006-07 fiscal year and shall be funded under the
conditions outlined in subparagraph (A), if funds are available.
(c) Each public elementary, middle, and junior high school in the
state shall be eligible to receive a three year renewable direct
grant for after school programs to be operated during the regular
school year, as provided in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 8483.7. In the case of schools serving a
combination of elementary, middle, and junior high school pupils, the
applicant may apply for a grant with funding based on the middle
school grant maximum. The program shall comply with the elementary
program and attendance requirements for pupils in the elementary
grades. For purposes of this article, a school serving a combination
of middle and junior high school and high school pupils shall be
eligible to apply for a grant to serve pupils through grade 9. Except
as provided in this subdivision, grants for after school programs
made pursuant to this subdivision shall be subject to all other
sections of this article. Grants for after school programs made
pursuant to this subdivision shall not exceed one hundred twelve
thousand five hundred dollars ($112,500) for each regular school year
for each elementary school or one hundred fifty thousand dollars
($150,000) for each regular school year for each middle or junior
high school. Except as provided in subdivision (f) of this section
and subdivision (a) of Section 8482.5, each public elementary,
middle, and junior high school in the state shall have equal priority
of funding for grants for after school programs made pursuant to
this subdivision. Receipt of a grant for an after school program made
pursuant to this subdivision shall not affect a school's eligibility
for additional grant funding as permitted in subdivision (d) up to
the maximum grants permitted in Sections 8483.7 and 8483.75. Grants
made pursuant to this subdivision shall be funded after grants made
pursuant to subdivision (b) and before any grants made pursuant to
subdivision (d). Grants made pursuant to this subdivision shall be
referred to as "After School Education and Safety Universal Grants."
(d) All funds remaining from the appropriation provided in Section
8483.5 after award of grants pursuant to subdivisions (b) and (c)
shall be distributed pursuant to Sections 8483.7 and 8483.75. Grants
for programs made pursuant to this subdivision shall be subject to
all other sections of this article. Priority for grants for programs
made pursuant to this subdivision shall be established pursuant to
subdivision (a) of Section 8482.5 and Section 8483.3.
(e) With the exception of schools previously funded under both
this article and Section 8484.8, a school shall not receive grants in
excess of the amounts provided in Sections 8483.7 and 8483.75.
(f) If in any fiscal year the appropriation made pursuant to
Section 8483.5 is insufficient to fund all eligible schools who
submit an eligible application for After School Education and Safety
Universal Grants pursuant to subdivision (c), priority for After
School Education and Safety Universal Grants shall be established
pursuant to subdivision (a) of Sections 8482.5 and 8483.3.
(g) The award of any grants specified in this article shall be
contingent upon appropriation of funds by the Legislature for
purposes of this article in the annual Budget Act or another statute.
SEC. 3. 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. 4. Section 8483.5 is added to the
Education Code , to read:
8483.5. (a) The Legislature may appropriate funds for the program
established pursuant to this article through the annual Budget Act
or another statute. Of the funds appropriated for the program,
current grant recipients have priority for receiving funding for the
same purposes for which they previously received an award.
SEC. 5. Section 8483.51 of the
Education Code is repealed.
8483.51. For purposes of Section 8483.5, the term "continuously
appropriated" shall not be construed to mean "without regard to
fiscal year." The funds appropriated pursuant to subdivision (b) of
Section 8483.5 are available for encumbrance for one year after the
date upon which they first become available for encumbrance and are
subject to Section 16304.1 of the Government Code.
SEC. 6. 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. 4. SEC. 7. Section 14 of
Proposition 49, as approved by the voters at the November 5, 2002,
general election, is repealed.
SEC. 5. SEC. 8. Sections 1
to 4, inclusive, , 2, 3, 5, 6, and 7 of this act
shall become effective only if approved by the voters pursuant to
subdivision (c) of Section 10 of Article II of the California
Constitution.
SEC. 6. SEC. 9. The Secretary of
State shall submit Sections 1 to 4, inclusive,
, 2, 3, 5, 6, and 7 of this act to the voters at the ____,
20____ . , statewide ____ election in
accordance with provisions of the Government Code and the Elections
Code governing the submission of a statewide measure to the voters.