BILL NUMBER: SBX1 12 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY DECEMBER 16, 2008
INTRODUCED BY Senator Ducheny
DECEMBER 8, 2008
An act relating to the Budget Act of 2008.
An act to amend Items 3910-004-0226, 3910-004-0281, and
3910-007-0387 of Section 2.00 of the Budget Act of 2003 (Chapter 157
of the Statutes of 2003), and to amend Items 0250-001-3066,
0250-012-0001, 0250-101-0001, 0250-101-0 932,
0250-102-0556, 0250-111-0001, 0250-112-0001, 0690-102-0001,
0690-102-0597, 0690-113-0001, 1870-012-0214, 2640-101-0046,
2740-001-0044, 2740-001-0064, 3480-001-0001, 3480-001-3046,
3790-001-0001, 3790-001-6051, 4300-101-0001, 5180-111-0001,
5225-101-0001, 6440-001-0001, 6600-001-0001, 6610-001-0001,
6610-002-0001, 8660-011-0470, 8660-011-0471, 8660-011-0483,
9100-101-0001, 9210-101-0001, and 9210-105-0001 of, to add Item
0250-012-0159 to, and to repeal Item 0690-102-0214 of, Section 2.00
of the Budget Act of 2008 (Chapters 268 and 269 of the
Statutes of 2008), and to add Section 3.90 to the Budget Act of 2008,
relating to the support of state government, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 12, as amended, Ducheny. Budget Act of 2008 : revisions
.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2008.
The Budget Act of 2008 (Chapters 268 and 269 of the Statutes of
2008) made appropriations for the support of state government during
the 2008-09 fiscal year.
This bill would amend the Budget Act of 2008 to make adjustments
to certain items of appropriations and would authorize the Director
of Finance to allocate necessary reductions in employee compensation
from General Fund items in the amount of $240,000,000 and from items
relating to other funds in the amount of $149,000,000. The bill would
state the intent of the Legislature that reductions in employee
compensation will result in General Fund savings of $417,000,000 and
other fund savings of $255,000,000 in the 2009-10 fiscal year.
The Budget Act of 2003 (Chapter 157 of the Statutes of 2003) makes
appropriations for the support of state government during the
2003-04 fiscal year and, among other things, authorizes transfers to
the General Fund from certain special funds to be repaid to those
funds during the 2nd half of the 2008-09 fiscal year.
This bill would amend the Budget Act of 2003 to extend the time
for repayment of those transfers to the 2nd half of the 2010-11
fiscal year.
The bill would become operative only if SB 1 of the 2009-10 First
Extraordinary Session is enacted.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
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 2008.
SECTION 1. The adjustments to appropriations made by
this act are in addition to the appropriations made in Section 2.00
of the Budget Act of 2008 (Chapters 268 and 269 of the Statutes of
2008) and are subject to the provisions of that act, as appropriate,
including, as applicable, the provisions of that act that apply to
the items of appropriation that are amended by this act. Unless
otherwise specified, the references in this act to item numbers refer
to items of appropriation in Section 2.00 of the Budget Act of 2008
(Chapters 268 and 269 of the Statutes of 2008).
SEC. 2. Item 0250-001-3066 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-001-3066--For support of Judicial
Branch, payable from the Court Facilities
Trust Fund.................................... 17,504,000
17,492,000
Schedule:
(1) 35-Judicial Branch
Facility Program....... 19,028,000
19,016,000
(2) Reimbursements......... -1,524,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
this item for the operation,
repair, and maintenance of court
facilities pursuant to Section
70352 of the Government Code.
2. Notwithstanding subparagraph (B) of
paragraph (1) of subdivision
(a) of Section 77202 of the
Government Code, the growth factor
for this item for the 2008-09
fiscal year has been adjusted per
by
the Consumer Price Index factor of
2 1 . 7
4 percent.
SEC. 3. Item 0250-012-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-012-0001--For transfer by the Controller
to the Court Facilities Trust Fund............. 3,304,000
3,292,000
Provisions:
1. Notwithstanding subparagraph (B) of
paragraph (1) of subdivision (a) of
Section 77202 of the Government Code,
the growth factor for this item for
the 2008-09 fiscal year has been
adjusted per the Consumer Price Index
factor of 2.7 percent.
adjusted by 1.4 percent.
SEC. 4. Item 0250-012-0159 is added to Section
2.00 of the Budget Act of 2008, to read:
0250-012-0159--For transfer by the
Controller, upon order of the Director of
Finance, from the Trial Court Improvement
Fund, to the General Fund ................ (61,000,000)
SEC. 5. Item 0250-101-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-101-0001--For local assistance,
Judicial Branch............................ 18,996,000
18,753,000
Schedule:
(1) 45.10-Support for
Operation of Trial
Courts.............. 7,017,000
6,774,000
(2) 45.55.010-Child
Support
Commissioners
Program (Article 4
(commencing with
Section 4250) of
Chapter 2 of Part 2
of Division 9 of
the Family Code).... 47,927,000
(3) 45.55.020-
California
Collaborative and
Drug Court Projects. 5,791,000
(4) 45.55.030-Federal
Child Access and
Visitation Grant
Program............. 1,600,000
(5) 45.55.050-Federal
Court Improvement
Grant Program....... 700,000
(6) 45.55.070-Grants--
Other............... 745,000
(7) 45.55.080-Federal
Grants-- Other...... 775,000
(8) 45.55.090-Equal
Access Fund Program. 10,776,000
(9) Reimbursements...... -53,260,000
(10) Amount payable from
Federal Trust Fund
(Item 0250-101-
0890)............... -3,075,000
Provisions:
1. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (8) are to be
distributed by the Judicial
Council through the Legal
Services Trust Fund Commission
to qualified legal services
projects and support centers as
defined in Sections 6213 to
6215, inclusive, of the Business
and Professions Code, to be used
for legal services in civil
matters for indigent persons.
The Judicial Council shall
approve awards made by the
commission if the council
determines that the awards
comply with statutory and other
relevant guidelines. Ten percent
of the funds in Schedule (8)
shall be for joint projects of
courts and legal services
programs to make legal
assistance available to pro per
litigants and 90 percent of the
funds in Schedule (8) shall be
distributed consistent with
Sections 6216 to 6223,
inclusive, of the Business and
Professions Code. The Judicial
Council may establish additional
reporting or quality control
requirements consistent with
Sections 6213 to 6223,
inclusive, of the Business and
Professions Code.
2. The amount appropriated in
Schedule (1) is available for
reimbursement of court costs
related to the following
activities: (a) payment of
service of process fees billed
to the trial courts pursuant to
the provisions of Chapter 1009
of the Statutes of 2002, (b)
payment of the court costs
payable under Sections 4750 to
4755, inclusive, and Section
6005 of the Penal Code, and (c)
payment of court costs of
extraordinary homicide trials.
3. Notwithstanding subparagraph (B)
of paragraph (1) of subdivision
(a) of Section 77202 of the
Government Code, the growth
factor for this item for the
2008-09 fiscal year has been
adjusted per the Consumer Price
Index factor of 2.7 percent.
adjusted by 1.4 percent.
SEC. 6. Item 0250-101-0932 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund......................... 3,045,408,000
3,011,088,000
Schedule:
(1) 45.10-Support for
Operation of the 2,621,571,00
Trial Courts........
2,587,251,0 0
0
(2) 45.25-Compensation
of Superior Court
Judges.............. 296,112,000
(3) 45.35-Assigned
Judges.............. 26,047,000
(4) 45.45-Court
Interpreters........ 91,585,000
(5) 45.55.060-Court
Appointed Special
Advocate (CASA)
Program............. 2,278,000
(6) 45.55.065-Model
Self-Help Program... 991,000
(7) 45.55.090-Equal
Access Fund Program. 5,622,000
(8) 45.55.095-Family
Law Information
Centers............. 346,000
(9) 45.55.100-Civil
Case Coordination... 856,000
Provisions:
1. Notwithstanding Section 26.00,
the funds appropriated or
scheduled in this item may be
allocated or reallocated among
categories by the Judicial
Council.
2. The funds appropriated in
Schedule (2) shall be made
available for costs of the
workers' compensation program
for trial court judges.
3. The amount appropriated in
Schedule (3) shall be made
available for all judicial
assignments. Schedule (3)
expenditures for necessary
support staff may not exceed the
staffing level that is necessary
to support the equivalent of
three judicial officers sitting
on assignments.
4. The funds appropriated in
Schedule (4) shall be for
payments for services of
contractual court interpreters,
and certified and registered
court interpreters employed by
the courts, and the following
court interpreter coordinators:
1.0 each in counties of the 1st
through the 15th classes, 0.5
each in counties of the 16th
through the 31st classes, and
0.25 each in counties of the
32nd through the 58th classes.
For the purposes of this
provision, ""court interpreter
coordinators'' may be full- or
part-time court employees, or
those contracted by the court to
perform these services.
The Judicial Council shall set
statewide or regional rates and
policies for payment of court
interpreters, not to exceed the
rate paid to certified
interpreters in the federal
court system.
The Judicial Council shall
adopt appropriate rules and
procedures for the
administration of these funds.
The Judicial Council shall
report to the Legislature and
Director of Finance annually
regarding expenditures from this
schedule.
5. Upon order of the Director
of Finance, the amount available
for expenditure in this item may
be augmented by the amount of
any additional resources
available in the Trial Court
Trust Fund, which is in addition
to the amount appropriated in
this item. Any augmentation
shall be authorized no sooner
than 30 days after notification
in writing to the chairpersons
of the committees in each house
of the Legislature that consider
appropriations, the chairperson
of the committee and appropriate
subcommittees that consider the
State Budget, and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee or his or her
designee may determine.
6. Notwithstanding any other
provision of law, upon approval
and order of the Department of
Finance, the amount appropriated
in this item shall be
reduced by the amount
transferred in Item 0250-115-
0932 to provide adequate
resources to the Judicial Branch
Workers' Compensation Fund to
pay workers' compensation claims
for judicial branch employees
and judges, and administrative
costs pursuant to Section
68114.10 of the Government Code.
7. Of the funds appropriated in
Schedule (1), which will be
transferred to the Trial Court
Improvement Fund in accordance
with subdivision (b) of Section
77209 of the Government Code, up
to $5,000,000 shall be available
for support of services for self-
represented litigants.
8. Upon approval by the
Administrative Director of the
Courts, the Controller shall
transfer up to $11,274,000
to Item 0250-001-0932 for
recovery of costs for
administrative services provided
to the trial courts by the
Administrative Office of the
Courts.
9. Upon approval by the
Administrative Director of the
Courts, and notification to the
Department of Finance, the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee,
the Controller shall
additionally increase the amount
of the transfer by an amount or
amounts no more than $1,691,000
for recovery of costs for
administrative services provided
to the trial courts by the
Administrative Office of the
Courts. Any augmentations shall
be authorized no sooner than 30
days after notification in
writing to the chairpersons of
the committees in each house of
the Legislature that
consider appropriations, the
chairpersons of the committees
and appropriate subcommittees
that consider the State Budget,
and the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee or his or her
designee may determine.
10. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule ( 8 7 ) are
available
for distribution by the Judicial
Council through the Legal
Services Trust Fund Commission
to qualified legal services
projects and support centers as
defined in Sections 6213 to
6215, inclusive, of the
Business and Professions Code,
to be used for legal services in
civil matters for indigent
persons. The Judicial Council
shall approve awards made by the
commission if the council
determines that the awards
comply with statutory and other
relevant guidelines. Upon
approval by the Administrative
Director of the Courts, the
Controller shall transfer up to
5 percent of the funding
appropriated in Schedule ( 8 7
) to
Item 0250-001-0932 for
administrative expenses. Ten
percent of the funds remaining
after administrative costs shall
be for joint projects of courts
and legal services programs to
make legal assistance available
to pro per litigants and 90
percent of the funds remaining
after administrative costs shall
be distributed consistent with
Sections 6216 to 6223,
inclusive, of the Business and
Professions Code. The
Judicial Council may establish
additional reporting or quality
control requirements consistent
with Sections 6213 to 6223,
inclusive, of the Business and
Professions Code.
11. Funds available for expenditure
in Schedule (7) may be augmented
by order of the Director of
Finance by the amount of any
additional resources deposited
for distribution to the Equal
Access Fund Program in
accordance with Sections 68085.3
and 68085.4 of the Government
Code. Any augmentation under
this provision shall be
authorized not sooner than 30
days after notification in
writing to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever
lesser time the chairperson of
the joint committee, or his or
her designee, may determine.
12. Notwithstanding subparagraph (B)
of paragraph (1) of subdivision
(a) of Section 77202 of the
Government Code, the growth
factor for this item for the
2008-09 fiscal year has been
adjusted per the Consumer Price
Index factor of 2.7 percent.
adjusted by 1.4 percent.
13. The Judicial Council is
authorized to convert up to 16.0
subordinate judicial officer
positions to judgeships in the
2008-09 fiscal year in the
manner and pursuant to the
authority described in
subparagraph (B) of paragraph
(1) of subdivision (b) of
Section 69615 of the Government
Code.
SEC. 7. Item 0250-102-0556 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-102-0556--For local assistance,
Judicial Branch, payable from the Judicial
Administration Efficiency and
Modernization Fund......................... 44,676,000
44,181,000
Provisions:
1. Upon approval of the Director
of Finance, the amount
available for expenditure in
this item may be augmented by
the amount of any additional
resources available in the
Judicial Administration
Efficiency and Modernization
Fund, which is in addition to
the amount appropriated in
this item. Any augmentation
shall be authorized no sooner
than 30 days after
notification in writing to the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations, the
chairpersons of the committees
and appropriate subcommittees
that consider the State
Budget, and the chairperson of
the joint committee, or not
sooner than whatever lesser
time the Chairperson of the
Joint Legislative Budget
Committee or his or her
designee may determine.
2. Notwithstanding subparagraph
(B) of paragraph (1) of
subdivision (a) of Section
77202 of the Government Code,
the growth factor for this
item for the 2008-09 fiscal
year has been adjusted by a 1.4
factor of 2.7 percent per the
Consumer Price Index.
percent.
3. Notwithstanding any other
provision of law, of the funds
appropriated in this item, up
to $5,967,000 is available to
fund positions and activities
for the development and
deployment of the Phoenix
Project to implement a
statewide financial and
human resources system to
support trial court operations.
SEC. 8. Item 0250-111-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-111-0001--For transfer by the
Controller to the Trial Court Trust Fund.. 1,786,484,000
1,752,164,000
Provisions:
1. Notwithstanding subparagraph
(B) of paragraph (1) of
subdivision (a) of Section
77202 of the Government Code,
the growth factor for this
item for the 2008-09 fiscal
year has been adjusted per by
1.4
the Consumer Price Index
factor of 2.7 percent.
SEC. 9. Item 0250-112-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0250-112-0001--For transfer by the
Controller to the Judicial Administration 38,709,00
Efficiency and Modernization Fund............
38,214,0
0
0
Provisions:
1. Notwithstanding subparagraph
(B) of paragraph (1) of
subdivision (a) of Section
77202 of the Government Code,
the growth factor for this item
for the 2008-09 fiscal year has
been adjusted per the Consumer
Price Index factor of 2.7
been adjusted by 1.4 percent.
SEC. 10. Item 0690-102-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0690-102-0001--For local assistance, Office
of Emergency Services......................... 48,794,000
26,058,000
Schedule:
(1) 50.20-Victim Services.. 3,916,000
(2) 50.30-Public Safety.... 44,878,000
22,142,000
Provisions:
1. Notwithstanding any other provision
of law, the Office of Emergency
Services may provide advance
payment of up to 25 percent of
grant funds awarded to community-
based nonprofit organizations,
cities, school districts, counties,
and other units of local government
that have demonstrated cashflow
problems according to the criteria
set forth by the Office of
Emergency Services.
2. To maximize the use of program
funds and demonstrate the
commitment of the grantees to
program objectives, the Office
of Emergency Services shall require
all grantees of funds from the Gang
Violence Suppression-Curfew
Enforcement Strategy Program to
provide local matching funds of at
least 10 percent for the first and
each subsequent year of operation.
This match requirement applies to
each agency that is to receive
grant funds. An agency may meet its
match requirements with an in-kind
match, if approved by the Office of
Emergency Services.
4. The Department of Finance shall
include a special display table in
the Governor's Budget under the
Office of Emergency Services that
displays, by fund source, component
level detail for Program 50,
Criminal Justice Projects. In
addition, the Office of Emergency
Services, in consultation with the
Department of Finance, shall
provide a report to the Joint
Legislative Budget Committee by
January 10 of each year that
provides a list of grantees, total
funds awarded to each grantee, and
performance statistics to document
program outputs and outcomes in
order to assess the state's return
on investment for each component of
Program 50 for each of the three
years displayed in the Governor's
Budget.
SEC. 11. Item 0690-102-0214 of Section 2.00 of the
Budget Act of 2008 is repealed.
0690-102-0214--For local assistance, Office
of Emergency Services, payable from the
Restitution Fund............................. 10,000,000
Schedule:
(1) Grants to cities with
heavy gang
concentrations......... 3,000,000
(2) Competitive grants to
cities................. 4,500,000
(3) Competitive grants to
community-based
organizations.......... 2,000,000
(4) Internet Crimes
Against Children Task
Force funding.......... 500,000
Provisions:
1. All grantees must provide a dollar-
for-dollar match to state grant
funds awarded from Schedules (1),
(2), and (3).
2. The Office of Emergency Services
shall submit a report and
evaluation of the grants awarded
pursuant to Schedules (1), (2),
and (3) to the fiscal committees
of the Legislature not later than
April 1, 2011.
3. The Department of Finance may
transfer up to 3 percent of the
funds appropriated in Schedules
(1), (2), and (3) to Item 0690-002-
0001 for administration of the
grant programs.
4. The amount appropriated in
Schedule (1) shall be distributed
as follows: $1,000,000 each to Los
Angeles, San Francisco Bay area
cities, and central valley cities.
5. The amount appropriated in
Schedule (2) shall be competitive
grants to cities. No grant shall
exceed $500,000, and at least two
grants shall be awarded to cities
with populations of 200,000 or
less. In awarding grants, the
Office of Emergency Services shall
give preference to applicants that
incorporate regional approaches to
antigang activities.
6. Each city that receives a grant
from Schedule (1) or (2) shall
collaborate and coordinate with
area jurisdictions and agencies,
including the existing county
juvenile justice coordination
council, with the goal of reducing
gang activity in the city and
adjacent areas. Each grantee shall
establish a coordinating and
advisory council to prioritize the
use of the funds. Membership shall
include city officials, local law
enforcement, including the county
sheriff, chief probation
officer, and district attorney,
local educational agencies,
including school districts and the
county office of education, and
community-based organizations.
7. The amount appropriated in
Schedule (3) shall be for grants
to
community-based organizations.
The grants shall be used to test
different approaches designed to
reduce gang activities in
communities and neighborhoods. No
grant shall exceed $200,000.
SEC. 12. Item 0690-102-0597 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0690-102-0597--For local assistance, Office
of Emergency Services, payable from the High
Technology Theft Apprehension and 11,970,00
Prosecution Program Trust Fund............... 0
5,985,000
Schedule:
(1) 50.30-Public Safety........ 11,970,00
5,985,00 0
Provisions:
1. Funds appropriated in this item are
for the High Technology Theft
Apprehension and Prosecution
Program, as established by Chapter
5.7 (commencing with Section 13848)
of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555 of
the Statutes of 1998, and shall be
deposited in the High Technology
Theft Apprehension and Prosecution
Program Trust Fund, established
pursuant to Section 13848.4 of the
Penal Code.
2. All grantees receiving funds
appropriated in this item shall be
required to provide matching funds
equal to 25 percent of the amount of
grant funding received by them from
the High Technology Theft
Apprehension and Prosecution Program
Trust Fund.
3. Upon order of the Director of
Finance, the amount available for
expenditure in this item may be
augmented by the amount of any
additional resources available in
the High Technology Theft
Apprehension and Prosecution Program
Trust Fund, which is in addition to
the amount appropriated in this
item. Any augmentation shall be
authorized no sooner than 30 days
after notification in writing to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, the
chairperson of the committee and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint Legislative
Budget Committee, or not sooner than
whatever lesser time the chairperson
of the joint committee or his or her
designee may determine.
SEC. 13. Item 0690-113-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
0690-113-0001--For transfer by the
Controller to the High Technology Theft
Apprehension and Prosecution Program Trust
Fund........................................ 11,970,000
5,985,000
Provisions:
1. Funds appropriated in this item are
for the High Technology Theft
Apprehension and Prosecution
Program, as established by Chapter
5.7 (commencing with Section 13848)
of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555 of
the Statutes of 1998, and shall be
deposited in the High Technology
Theft Apprehension and Prosecution
Program Trust Fund, established
pursuant to Section 13848.4 of the
Penal Code.
SEC. 14. Item 1870-012-0214 of Section 2.00 of the
Budget Act of 2008 is amended to read:
1870-012-0214--For transfer by the
Controller, upon order of the Director of
Finance, from the Restitution Fund to the
General Fund.............................. (50,000,000)
(110,000,000)
SEC. 15. Item 2640-101-0046 of Section 2.00 of the
Budget Act of 2008 is amended to read:
2640-101-0046--For local assistance, State
Transit Assistance, for allocation by the
Controller pursuant to Section 99312 of the
Public Utilities Code, payable from the
Public Transportation Account, State 306,434,0
Transportation Fund.......................... 150,000,0
Transportation Fund..........................
00
Provisions:
1. Notwithstanding Sections 99313
and 99314 of the Public
Utilities Code, not more than
$60,397 of the amount
appropriated in this item shall
be used to reimburse the
Controller for expenditures of
administration of State Transit
Assistance funds.
SEC. 16. Item 2740-001-0044 of Section 2.00 of the
Budget Act of 2008 is amended to read:
2740-001-0044--For support of Department
of Motor Vehicles, payable from the Motor
Vehicle Account, State Transportation
Fund...................................... 519,463,000
669,463,000
Schedule:
(1) 11-Vehicle/Vessel
Identification and
Compliance.......... 538,624,000
(2) 22-Driver Licensing
and Personal
Identification...... 245,979,000
(3) 25-Driver Safety.... 117,241,000
(4) 32-Occupational
Licensing and
Investigative
Services............ 48,549,000
(5) 35-New Motor
Vehicle Board....... 2,104,000
(6) 41.01-
Administration...... 106,673,000
(7) 41.02-Distributed
Administration...... -106,673,000
(8) Reimbursements...... -15,366,000
(9) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 2740-001-
0042)............... -51,459,000
(10) Amount payable from
the New Motor
Vehicle Board
Account (Item 2740-
001-0054)........... -2,104,000
(11) Amount payable from
the Motor Vehicle
License Fee
Account,
Transportation Tax
Fund (Item 2740-001-
0064)............... -359,765,000
-209,765,000
(12) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 2740-001-
0516)............... -2,761,000
(13) Amount payable from
the Federal Trust
Fund (Item 2740-001-
0890)............... -1,579,000
Provisions:
1. No later than December 31 of
each year up to and including
2014, the Department of Motor
Vehicles shall report to the
Joint Legislative Budget
Committee and the policy
committees on transportation of
both houses of the Legislature
on all of the following
concerning the Information
Technology Modernization
project: (a) planned milestone
completion dates versus actual
milestone completion dates, (b)
planned expenditures by phase
versus actual expenditures by
phase, and (c) description of
adherence to scope and reasons
for any changes.
2. The Department of General
Services, with the consent of
the Department of Motor
Vehicles, may lease or exchange
property located at 8629 Hellman
Avenue, Rancho Cucamonga for the
purpose of development of a
replacement field office for use
and occupancy by the
Department of Motor Vehicles
through a lease, lease purchase,
purchase of the facility, or
other terms determined by the
Director of General Services to
be in the best interest of the
state. Thirty days prior to
entering into any agreement, the
Department of General Services
shall notify the chairpersons of
the committees in each house of
the Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
the terms and conditions of the
agreement. If the Joint
Legislative Budget Committee
does not express any opposition
or concerns, the Department of
General Services may proceed
with the agreement 30 days after
giving notice.
SEC. 17. Item 2740-001-0064 of Section 2.00 of the
Budget Act of 2008 is amended to read:
2740-001-0064--For support of Department
of Motor Vehicles, for payment to Item
2740-001-0044, payable from the Motor
Vehicle License Fee Account,
Transportation Tax Fund................... 359,765,000
209,765,000
SEC. 18. Item 3480-001-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
3480-001-0001--For support of Department of
Conservation.................................. 4,605,000
Schedule:
(1) 10-Geologic Hazards
and Mineral Resources
Conservation.......... 24,836,000
(2) 20-Oil, Gas, and
Geothermal Resources.. 22,177,000
28,990,000
(3) 30-Land Resource
Protection............ 6,221,000
(4) 40.01-Administration.. 13,748,000
(5) 40.02-Distributed
Administration........ -13,748,000
(6) 50-Beverage Container
Recycling and Litter
Reduction Program..... 48,692,000
(7) 60-Office of Mine
Reclamation........... 6,597,000
(8) Reimbursements........ -9,269,000
(10) Amount payable from
the Surface Mining
and Reclamation
Account (Item 3480-
001-0035)............. -2,192,000
(11) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 3480-001-0042).. -12,000
(12) Amount payable from
the California
Beverage Container
Recycling Fund (Item
3480-001-0133)........ -48,592,000
(13) Amount payable from
the Soil Conservation
Fund (Item 3480-001-
0141)................. -3,849,000
(14) Amount payable from
the Hazardous and
Idle-Deserted Well
Abatement Fund
(Section 3206 of the
Public Resources
Code)................. -100,000
(15) Amount payable from
the Mine Reclamation
Account (Item 3480-
001-0336)............. -3,842,000
(16) Amount payable from
the Strong Motion
Instrumentation and
Seismic Hazards
Mapping Fund (Item
3480-001-0338)........ -9,920,000
(17) Amount payable from
the Federal Trust
Fund (Item 3480-001-
0890)................. -1,324,000
(18) Amount payable from
the Bosco Keene
Renewable Resources
Investment Fund (Item
3480-001-0940)........ -1,135,000
(18.5) Amount payable from
the Acute Orphan Well
Account, Oil, Gas,
and Geothermal
Administrative Fund
(Item 3480-001-3102).. -980,000
(19) Amount payable from
the Abandoned Mine
Reclamation and
Minerals Fund
Subaccount, Mine
Reclamation Account
(Item 3480-001-3025).. -427,000
(20) Amount payable from
the Oil, Gas, and
Geothermal
Administrative Fund
(Item 3480-001-3046).. -20,004,000
-26,817,000
(21) Amount payable from
the Agriculture and
Open Space Mapping
Subaccount (Item 3480-
001-6004)............. -436,000
(22) Amount payable from
the California Clean
Water, Clean Air,
Safe Neighborhood
Parks, and Coastal
Protection Fund of
2002 (Item 3480-001-
6029)................. -550,000
(23) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 3480-001-
6031)................. -1,021,000
(24) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3480-001-6051)........ -265,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Department of
Finance, the Department of
Conservation may borrow sufficient
funds, from special funds that
otherwise provide support for the
department, to meet cashflow needs
due to delays in collecting
reimbursements. Any loan made by
the Department of Finance pursuant
to this provision may be made only
if the Department of Conservation
has a valid contract or
certification signed by the client
agency, which demonstrates that
sufficient funds will be available
to repay the loan. All moneys so
transferred shall be repaid to the
special fund as soon as possible,
but not later than one year from
the date of the loan.
SEC. 19. Item 3480-001-3046 of Section 2.00 of the
Budget Act of 2008 is amended to read:
3480-001-3046--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the Oil, Gas, and
Geothermal Administrative Fund............ 20,004,000
26,817,000
SEC. 20. Item 3790-001-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
3790-001-0001--For support of Department
of Parks and Recreation.................... 149,124,000
134,123,000
Schedule:
(1) For support of the
Department of Parks
and Recreation....... 431,099,000
(2) Reimbursements....... -33,441,000
(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). -5,057,000
(5) Amount payable from
the California
Environmental
License Plate Fund
(Item 3790-001-0140). -3,023,000
(6) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
3790-001-0235)....... -10,098,000
(7) Amount payable from
the Off-Highway
Vehicle Trust Fund
(Item 3790-001-0263). -64,243,000
(8) Amount payable from
the State Parks and
Recreation Fund
(Item 3790-001-0392). -123,804,000
(9) Amount payable from
the Winter
Recreation Fund
(Item 3790-001-0449). -353,000
(10) Amount payable from
the Harbors and
Watercraft Revolving
Fund (Item 3790-001-
0516)................ -2,168,000
(11) Amount payable from
the Federal Trust
Fund (Item 3790-001-
0890)................ -6,335,000
(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). -4,555,000
(14) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3790-001-6031)....... -435,000
(15) Amount payable from
Safe Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-001-6051)....... -12,020,000
-27,021,000
(16) Amount payable from
Safe Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-002-6051)....... -12,268,000
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, 2014.
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, 2009.
(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 Department of Parks and
Recreation is authorized to enter
into a contract for fee
collection and other services
required by the department with a
cooperative association that has
and will continue to fund state
employees on an ongoing basis.
5. Of the amount appropriated in
this item, $4,001,000 General
Fund and $1,000,000 Proposition
this item, $5,001,000 Proposition
84 funds shall be used for
continued remediation and
treatment activities at Empire
Mine State Historic Park. Upon
approval and order of the
Director of Finance, the
Controller shall adjust the
amount included in this item for
remediation activities at Empire
Mine based on the status or
result of the mediation between
the Department of Parks and
Recreation and the Newmont Mining
Company. Any adjustment for this
purpose may be authorized no
sooner than 30 days after written
notification to the Chairperson
of the Joint Legislative Budget
Committee.
SEC. 21. Item 3790-001-6051 of Section 2.00 of the
Budget Act of 2008 is amended to read:
3790-001-6051--For support of Department of
Parks and Recreation, payable to Item 3790-
001-0001, from the Safe Drinking Water,
Water Quality and Supply, Flood Control, 12,020,00
River and Coastal Protection Fund of 2006....
27,021,0
0
0
Provisions:
1. Provision 5 of Item 3790-001-
0001 also applies to this item.
SEC. 22. Item 3910-004-0226 of Section 2.00 of the
Budget Act of 2003 is amended to read:
3910-004-0226--For transfer by the
Controller, upon order of the Director of
Finance, from the California Tire
Recycling Management Fund to the General
Fund....................................... (17,097,000)
Provisions:
1. The transfer made by this item
is a loan to the General Fund.
Notwithstanding any other
provision of law, this loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that
repayment be made so as to
ensure that the programs
supported by this fund are not
adversely affected by the loan.
2. Notwithstanding any other
provision of law, $2,097,000
of the amount transferred by
this item shall be repaid in
the second half of the 20 1 0 8
- 09 11
fiscal year, with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that repayment
be made so as to ensure that
the programs supported by this
fund are not adversely
affected by the loan. The
Director of Finance may
therefore order that repayment
be made prior to this date to
avoid these adverse
effects.
SEC. 23. Item 3910-004-0281 of Section 2.00 of the
Budget Act of 2003 is amended to read:
3910-004-0281--For transfer by the
Controller, upon order of the Director of
Finance, from the Recycling Market
Development Revolving Loan Subaccount to the (1,853,00
General Fund................................. 0)
Provisions:
1. The transfer made by this item
is a loan to the General Fund.
Notwithstanding any other
provision of the law, this loan
shall be repaid in the second
half of the 20 1 0 8 -
09 11 fiscal
year, with interest calculated
at the rate earned by the
Pooled Money Investment Account
at the time of the transfer. It
is the intent of the
Legislature that repayment be
made so as to ensure that the
programs supported by this fund
are not adversely affected by
the loan. The Director of
Finance may therefore order
that repayment be made prior to
this date to avoid these
adverse effects.
SEC. 24. Item 3910-007-0387 of Section 2.00 of the
Budget Act of 2003 is amended to read:
3910-007-0387--For transfer by the
Controller, upon order of the Director of
Finance, from the Integrated Waste (4,768,00
Management Account to the General Fund ...... 0)
Provisions:
1. The transfer made by this item
is a loan to the General Fund.
Notwithstanding any other
provision of law, this loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that
repayment be made so as to
ensure that the programs
supported by this fund are not
adversely affected by the loan.
2. Notwithstanding any other
provision of law, $2,768,000 of
the amount transferred by this
item shall be repaid in the
second half of the 20 1 0 8
- 09 11
fiscal year, with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that repayment
be made so as to ensure that
the programs supported by this
fund are not adversely affected
by the loan. The Director of
Finance may therefore order
that repayment be made prior to
this date to avoid these
adverse effects.
3. Pursuant to Section 17581 of
the Government Code, the
mandate identified in the
appropriation schedule of this
item with an appropriation of
$0 and included in the language
of the provision is
specifically identified by the
Legislature for suspension
during the 2003-04 fiscal year:
(1) 98.01.118.892-Very High
Fire Hazard and Severity
Zones (Ch. 1188, Stats.
1992)
SEC. 25. Item 4300-101-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
4300-101-0001--For local assistance,
Department of Developmental Services,
for Regional Centers..................... 2,382,799,000
2,342,999,000
Schedule:
(1) 10.10.010-
Operations.......... 527,816,000
518,516,000
(2) 10.10.020-Purchase 3,370,854,00
of Services.........
3,315,154,0 0
0
(3) 10.10.060-Early
Intervention
Programs............ 20,095,000
(4) Reimbursements...... -1,307,587,0
-1,282,387,0
00
(5) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 4300-101-
0046)............... -138,275,000
(6) Amount payable from
Developmental
Disabilities
Program Development
Fund (Item 4300-101-
0172)............... -1,147,000
(7) Amount payable from
Federal Trust Fund
(Item 4300-101-
0890)............... -88,957,000
Provisions:
1. Upon order of the Director of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-003-0001. Within 10
working days after approval of a
transfer as authorized by this
provision, the Department of
Finance shall notify the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount
transferred was determined, and
how the amount transferred
will be utilized.
2. A loan shall be made available
from the General Fund to the
State Department of
Developmental Services not to
exceed a cumulative total of
$160,000,000. The loan funds
shall be transferred to this
item as needed to meet cashflow
needs due to delays in
collecting reimbursements from
the Health Care Deposit Fund,
and are subject to the repayment
provisions of Section 16351 of
the Government Code.
3. Upon order of the Director of
Finance, the Controller shall
transfer funds as are necessary
between this item and Item 5160-
001-0001 to provide for the
transportation costs to and from
work activity programs of
clients who are receiving
vocational rehabilitation
services through the Vocational
Rehabilitation/Work Activity
Program (VR/WAP) Transition
Program.
4. $1,826,000 of the funds
appropriated in this item may be
used to augment service provider
rates for the work needed to
obtain information to secure
federal participation under the
Home and Community-Based
Services Waiver program.
Eligible providers are those
service providers who are
qualified providers under Title
XIX of the Social Security Act,
are not currently providing the
required information, and are
serving individuals enrolled
under the Home and Community-
Based Services Waiver program.
5. Notwithstanding Section
26.00, the Department of Finance
may authorize transfer of
expenditure authority between
Schedules (1) and (2) in order
to more accurately reflect
expenditures in the Early
Intervention federal grant
program (Part C of the
Individuals with Disabilities
Education Act).
6. It is the intent of the
Legislature for the State
Department of Health Care
Services and the State
Department of Developmental
Services to collaboratively work
with stakeholders, including
providers and diverse
constituency groups as deemed
appropriate, regarding the
bundling of rates for the
reimbursement of intermediate
care facilities for the
developmentally disabled,
including habilitative and
nursing facilities. It is the
intent of the Legislature that
any changes made by the state
shall be seamless to the
providers of services affected
by the changes, as well as
to the consumers and their
families that are provided
services through the Regional
Center system. The integrity of
the individual program plan
process described in the
Lanterman Developmental
Disabilities Services Act
(Division 4.5 (commencing with
Section 4500) of the Welfare and
Institutions Code) shall be
maintained throughout this
process and shall not be
affected by any changes made to
implement the bundled rates.
7. Of the funds appropriated in
Schedule (2), the amount
identified by the State
Department of Developmental
Services for self-directed
services shall be available for
encumbrance until June 30, 2010,
and for liquidation until June
30, 2011.
8. Upon the order of the Department
of Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-103-0001 in order to
effectively administer the Self-
Directed Services Risk Pool Fund.
9. It is the intent of the
Legislature for the California
Children and Families Commission
to utilize at least $5,000,000
in funds from any of its
accounts for information,
services, and supports provided
under the Early Start Program as
administered by the State
Department of Developmental
Services. This language is not
intended to affect any
contingencies or emergencies of
which the Department of Finance
may choose to notify the
Legislature in the 2008-09
fiscal year.
SEC. 26. Item 5180-111-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 5,562,733,000
5,405,733,000
Schedule:
(1) 16.70-SSI/SSP....... 3,751,938,00
3,594,938,00
0
(2) 25.15-IHSS.......... 5,330,297,00
0
(3) 25.20-Recipient
Supplementary
Payment............. 44,176,000
(4) Reimbursements...... -3,563,678,0
00
Provisions:
1. Provisions 1 and 4 of Item 5180-
101-0001 also apply to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $240,000,000
shall be made available from the
General Fund from funds not
otherwise appropriated, to cover
the federal share or
reimbursable share, or both, of
costs of a program or programs
when the federal funds or
reimbursements (from the Health
Care Deposit Fund or counties)
have not been received by this
state prior to the usual time
for transmitting payments
for the federal or reimbursable
share of costs for this state.
That loan from the General Fund
shall be repaid when the federal
share of costs for the program
or programs becomes available,
or in the case of
reimbursements, subject to
Section 16351 of the Government
Code. County reimbursements also
shall be subject to Section
16314 of the Government Code,
which specifies the rate of
interest. The department may
offset a county's share of cost
of the In-Home Supportive
Services (IHSS) program against
local assistance payments made
to the county if the county
fails to reimburse its share of
cost of the IHSS program to the
state.
3. The State Department of Social
Services shall provide technical
assistance to counties to ensure
that they maximize the receipt
of federal funds for the In-Home
Supportive Services (IHSS)
program, without
compromising the quality of the
services provided to IHSS
recipients.
4. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
increased costs due to workload
associated with the retroactive
reimbursement of Medi-Cal
services for the In-Home
Supportive Services program to
comply with the Conlan v. Shewry
court decision. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision and the number of
positions to be established by
the State Department of Social
Services. The transfer shall be
authorized at the time the
report is made. The State
Department of Social Services
shall review the workload
associated with the Conlan v.
Shewry decision during the 2008-
09 fiscal year and may
administratively establish
positions as the workload
requires.
5. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the cost of the administrative
hearing process associated with
changes in aid or service
payments in the In-Home
Supportive Services program. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
SEC. 27. Item 5225-101-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
5225-101-0001--For local assistance,
Department of Corrections and
Rehabilitation............................. 246,671,000
156,035,000
Schedule:
(1) 15-Corrections
Standards Authority... 182,107,000
91,471,000
(2) 20-Juvenile
Operations............ 78,000
(3) 22-Juvenile Paroles... 1,403,000
(4) 25.15.010-Adult
Corrections and
Rehabilitation
Operations--
Transportation of
Inmates............... 278,000
(5) 25.15.020-Adult
Corrections and
Rehabilitation
Operations-- Return
of Fugitives.......... 2,593,000
(6) 25.30-Adult
Corrections and
Rehabilitation
Operations-- County
Charges............... 16,480,000
(7) 30-Parole Operations-
- Adult............... 43,732,000
Provisions:
1. The amount appropriated in
Schedules (4), (5), (6), and (7)
is provided for the following
purposes:
(a) To pay the transportation
costs of prisoners to and
between state prisons,
including the return of
parole violators to
prison and for the
conveying of persons
under provisions of
Division 3 (commencing
with Section 3000) of the
Welfare and Institutions
Code and the Western
Interstate Corrections
Compact (Section 11190 of
the Penal Code), in
accordance with Section
26749 of the Government
Code. Claims filed by
local jurisdictions shall
be filed within six
months after the end of
the month in which those
transportation costs are
incurred. Expenditures
shall be charged to
either the fiscal year in
which the claim is
received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. Claims filed
by local jurisdictions
directly with the
Controller may be paid by
the Controller.
(b) To pay the expenses of
returning fugitives from
justice from outside the
state, in accordance with
Sections 1389, 1549,
and 1557 of the Penal
Code. Claims filed by
local jurisdictions shall
be filed within six
months after the end of
the month in which
expenses are incurred.
Expenditures shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller, and any
restitution received by
the state for those
expenses shall be
credited to the
appropriation of the year
in which the Controller's
receipt is issued. Claims
filed by local
jurisdictions directly
with the Controller may
be paid by the Controller.
(c) To pay county charges,
payable under Sections
4700.1, 4750 to 4755,
inclusive, and 6005 of
the Penal Code. Claims
shall be filed by local
jurisdictions within six
months after the end of
the month in which a
service is performed
by the coroner, a hearing
is held on the return of
a writ of habeas corpus,
the district attorney
declines to prosecute a
case referred by the
Department of Corrections
and Rehabilitation, a
judgment is rendered for
a court hearing or trial,
an appeal ruling is
rendered for the trial
judgment, or an activity
is performed as permitted
by these sections.
Expenditures shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. Claims filed
by local jurisdictions
directly with the
Controller may be paid by
the Controller.
(d) To reimburse counties for
the cost of detaining
state parolees pursuant
to Section 4016.5 of the
Penal Code. Claims shall
be filed by local
jurisdictions within six
months after the end of
the month in which the
costs are incurred.
Claims filed by local
jurisdictions may not
include booking fees, may
not recover detention
costs in excess of $77.17
per day, and shall be
limited to the detention
costs for those days on
which parolees are held
subject only to a
Department of Corrections
and Rehabilitation
request pursuant to
subdivision (b) of
Section 4016.5 of the
Penal Code. Expenditures
shall be charged to
either the fiscal year in
which the claim is
received by the
Department of Corrections
and Rehabilitation or the
fiscal year in which the
warrant is issued.
2. Notwithstanding any other
provision of law, upon 30-day
prior notification to the
Chairperson of the Joint
Legislative Budget Committee,
funds appropriated in Schedule
(7) of this item may be
transferred to Schedule (8) or
(9), or both, of Item 5225-001-
0001, upon order of the
Director of Finance, to provide
funds for the reimbursement of
counties for the cost of holding
parole violators in local jails
or for the auditing or monitoring
of local assistance costs.
3. The amounts appropriated in
Schedules (2) and (3) are
provided for the following
purposes:
(a) To pay the transportation
costs of persons
committed to the
Department of Corrections
and Rehabilitation to or
between its facilities,
including the return of
parole violators,
provided that
expenditures made under
this item shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the
warrant is issued by the
Controller. However,
claims shall be filed by
local jurisdictions
within six months after
the end of the month in
which the costs are
incurred.
(b) To reimburse counties,
pursuant to Section 1776
of the Welfare and
Institutions Code, for
the cost of the detention
of the Department of
Corrections and
Rehabilitation parolees
who are detained on
alleged parole
violations, provided that
expenditures made under
this item shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. However,
claims shall be filed by
local jurisdictions
within six months after
the end of the month in
which the costs are
incurred.
SEC. 28. Item 6440-001-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
6440-001-0001--For support of University
of California............................ 2,995,520,000
2,930,023,000
Schedule:
(1) Support............. 3,118,116,00
0
(2) Charles R. Drew
Medical Program..... 8,738,000
(3) Acquired Immune
Deficiency Syndrome
(AIDS) Research..... 9,214,000
(4) Student Financial
Aid................. 52,199,000
(5) Loan Repayments..... 5,105,000
(6) San Diego
Supercomputer
Center.............. 3,240,000
(8) Unallocated
Reduction........... -201,092,000
-266,589,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00.
2. None of the funds appropriated
in this item may be expended to
initiate major capital outlay
projects by contract without
prior legislative approval,
except for cogeneration and
energy conservation projects.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service for such
exempted capital projects.
Exempted projects shall be
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section 28.00.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service associated with
the Energy Partnership Program,
whereby the University of
California will receive
financial incentives from state
investor-owned utilities to
undertake energy conservation
projects. The use of state
operations funding for these
energy savings projects may not
infringe on the university's
funding for its instructional
support activities. The Director
of Finance may authorize program
expenditures for the list of
planned projects not sooner than
30 days after notification in
writing is provided to the
chairpersons of the committees
in each house of the Legislature
that consider appropriations,
the chairpersons of the
committees and the appropriate
subcommittees in each house
of the Legislature that consider
the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee.
The list of planned projects
submitted for approval for a
given funding cycle should be
all-inclusive and may include
projects that eventually may not
be initiated during that funding
cycle. A project not included on
the list of planned projects for
that funding cycle, but with
which the university wishes to
proceed during the budget year,
may be treated as an exempted
project as described above and
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section
28.00. No later than November 15
of each year, the university
shall prepare a report
describing the identified
projects funded under the Energy
Partnership Program in the prior
year. The report shall include
the cost of each project, how
the cost is being funded,
including the amount funded from
support budget funds and
investor-owned utility incentive
awards, and the projected amount
of energy savings. These
reports will sunset at the end
of the program.
3. The funds appropriated in
Schedule (2) are for support of
University of California
programs of clinical health
sciences education, research,
and public service, conducted in
conjunction with the Charles R.
Drew University of Medicine and
Science, as provided for in
Sections 1, 2, and 3 of Chapter
1140 of the Statutes of 1973. Of
the funds appropriated, $500,000
is contingent upon the provision
by the University of California
of an equal amount of matching
funds from its own resources.
The University of California
shall ensure by adequate
controls that funds appropriated
in Schedule (2) are expended
solely for the support of the
program identified in that
schedule.
4. The funds appropriated in
Schedule (4) are for support of
Program 45, Student Financial
Aid, to provide financial aid to
needy students attending the
University of California,
according to the nationally
accepted needs analysis
methodology.
5. Of the funds appropriated in
Schedule (1), $2,762,129 is for
payment of energy service
contracts in connection with the
issuance of State Public Works
Board Energy Efficiency Revenue
Bonds.
6. Of the funds appropriated in
Schedule (5), $2,700,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1994-95
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2009-10
fiscal year.
7. Of the funds appropriated in
Schedule (5), $2,405,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1995-96
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2010-11
fiscal year.
8. Of the funds appropriated in
Schedule (1), $1,897,200 is for
the California State Summer
School for Mathematics and
Science (COSMOS). The University
of California shall report on
the outcomes and
effectiveness of COSMOS every
five years, commencing April 1,
2011.
9. The University of California
(UC) shall report to the
Legislature and the Governor by
February 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each UC campus) beginning with
the 2004-05 academic year
(before the state first provided
funding for the initiative), (b)
an expenditure plan on the use
of the funds appropriated in
this item, (c) the effectiveness
of the initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn
a mathematics or science
teaching credential, including
the location of the K-12 school
of employment and whether it is
in an urban, rural, or suburban
setting.
10. The University of California
shall report to the Legislature
by March 15, 2009, on whether it
has met its 2008-09 academic
year enrollment goal.
11. Of the funds appropriated in
Schedule (1), $1,050,000 is to
support 70 full-time equivalent
students in the Program in
Medical Education (PRIME) at the
Irvine, Davis, San Diego, and
San Francisco campuses. The
primary purpose of this program
is to train physicians
specifically to serve in
underrepresented communities.
The University of California
shall report to the
Legislature by March 15, 2009,
on (a) its progress in
implementing the PRIME program
and (b) the use of the total
funds provided for this program
from both state and nonstate
resources.
12. The university shall report to
the Legislature and the Governor
by May 1, 2009, on the total
enrollment in the 2007-08 and
2008-09 academic years in the
entry-level clinical and
master's degree nursing programs
and the master's of science
nursing degree programs.
13. It is the intent of the
Legislature that the University
of California submit an annual
report by March 1 of each year
through the 2010-11 fiscal year
to the Joint Legislative Budget
Committee, legislative
fiscal subcommittees, and the
Department of Finance on the
university's progress in
reforming its compensation
policies and practices,
reflecting the criteria
specified in Provision 27 of
Item 6440-001-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
14. Of the funds appropriated in
Schedule (1), $19,300,000 is for
student academic preparation and
education programs (SAPEP) and
is to be matched with
$12,000,000 from existing
university resources, for a
total of $31,300,000 for these
programs. The University of
California shall provide a plan
to the Department of Finance and
the fiscal committees of each
house of the Legislature for
expenditure of both state and
university funds for SAPEP by
September 1 of each year.
15. The amount appropriated in
Schedule (1) reflects a
reduction of $32,300,000 to
institutional support.
17. Of the funds appropriated in
Schedule (1), $693,000 is for
the Welfare Policy Research
Project, pursuant to Article 9.7
(commencing with Section 11526)
of Chapter 2 of Part 3 of
Division 9 of the Welfare and
Institutions Code.
18. Of the funds appropriated in
Schedule (1), $427,500 shall be
expended for the Center for
Earthquake Engineering Research,
contingent upon the center
continuing to receive federal
matching funds from the National
Science Foundation.
19. Of the funds appropriated in
Schedule (1), $346,500 shall be
expended for viticulture and
enology research, contingent
upon the receipt of an equal
amount of private sector
matching funds.
20. Of the funds appropriated in
Schedule (1), $16,200,000 is for
substance abuse research at the
Department of Neurology at the
University of California, San
Francisco.
21. Of the funds appropriated in
Schedule (1), $693,000 shall be
used for lupus research at the
University of California, San
Francisco.
22. Of the funds appropriated in
Schedule (1), $1,385,100 shall
be used to expand spinal cord
injury research.
23. Of the funds appropriated in
Schedule (1), $3,463,000 is to
fund the Medical Investigation
of Neurodevelopment Disorders
(MIND) Institute, including
$3,150,000 for a research grants
program.
24. Of the funds appropriated in
Schedule (1), $0 is to support
research on labor and employment
and labor education throughout
the University of California
system.
25. The amount appropriated in this
item reflects a $5,000,000 one-
time reduction to the Subject
Matter Projects. An identical
amount is appropriated in Item
6110-195-0890 from federal Title
II carryover funds to ensure the
projects can be maintained in
the 2008-09 fiscal year.
26. To the extent funds are
available in Schedule (1), and
contingent upon the receipt of
an equal amount of private
sector matching funds, the
University of California shall
allocate funds for the
California Institute for
Quantitative Biosciences for the
purpose of enhancing innovative,
cost-effective technologies and
therapies in health care.
SEC. 29. Item 6600-001-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
6600-001-0001--For support of Hastings
College of the Law......................... 10,631,000
10,229,000
Provisions:
1. The appropriation made in this
item is exempt from Section
31.00.
2. The amount appropriated in
this item reflects a 10-
percent reduction to
institutional support.
SEC. 30. Item 6610-001-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
6610-001-0001--For support of California
State University......................... 2,910,596,000
2,844,364,000
Schedule:
(1) Support............. 3,082,555,00
0
(2) Unallocated
Reduction........... -171,959,000
-238,191,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00, except as otherwise
provided by the applicable
sections of the Government Code
referred to in Section 31.00.
2. Of the amount appropriated in
this item, $350,000 is for
transfer to the Affordable
Student Housing Revolving Fund
for the purpose of subsidizing
interest costs in connection
with bond financing for
construction of affordable
student housing at the Fullerton
and Hayward campuses in
accordance with Article 3
(commencing with Section 90085)
of Chapter 8 of Part 55 of
Division 8 of Title 3 of the
Education Code.
3. Of the amount appropriated in
this item, $1,878,000 is for
repayment of the $17,000,000
financed for the California
State University through a third
party for deferred maintenance
projects in the 1994-95 fiscal
year. It is the intent of the
Legislature to annually provide
funds for that repayment purpose
until June 30, 2010.
4. Of the amount appropriated in
this item, $2,309,000 is for
repayment of the $24,000,000
financed for the California
State University through a third
party for deferred maintenance
projects in the 1995-96 fiscal
year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose until June 30, 2011.
5. The California State University
(CSU) shall report to the
Legislature and the Governor by
February 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each CSU campus) beginning with
the 2004-05 academic year
(before the state first provided
funding for the initiative), (b)
an expenditure plan on the use
of the funds appropriated in
this item, (c) the effectiveness
of the initiative's different
components and activities,
including an identification of
best practices, and (d) the
job placement of students who
earn a math or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
6. The California State University
shall provide a preliminary
report to the Legislature by
March 15, 2009, and a final
report by May 1, 2009, on
whether it has met its 2008-09
academic year enrollment goal.
7. The California State University
shall report to the Legislature
and the Governor by May 1, 2009,
on the total enrollment in the
2007-08 and 2008-09 academic
years in the baccalaureate
nursing degree and entry-level
master's nursing degree programs.
8. The amount appropriated in
Schedule (1) reflects a
reduction of $43,199,000 to
institutional support.
9. Of the amount appropriated in
this item, $33,785,000 is
provided for student financial
aid grants. These financial aid
funds shall be provided to needy
students according to the
nationally accepted needs
analysis methodology.
10. Of the amount appropriated in
Schedule (1), $52,000,000 is
appropriated for student
academic preparation and student
support services programs. The
California State University
shall provide $45,000,000 to
support the Early Academic
Assessment Program and the
Educational Opportunity Program.
SEC. 31. Item 6610-002-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
6610-002-0001--For support of the California
State University for transfer to and in
augmentation of Item 6610-001-0001, for the
purpose of providing direct costs and
administrative overhead expenses for the
Assembly, Senate, Executive, and Judicial
Fellows programs and the Center for
California Studies........................... 3,111,000
3,040,000
Schedule:
(1) Center for California
Studies-- Fellows
Program............... 602,000
(2) Center for California
Studies-- Other...... 37,000
(3) Assembly Fellows...... 565,287
(4) Senate Fellows........ 565,287
(5) Executive Fellows..... 565,287
(6) Judicial Fellows...... 402,139
(7) LegiSchool Project.... 114,000
(8) Sacramento Semester
Internship Program.... 56,000
(9) Unscheduled........... 328,000
(10) Unallocated Reduction. -124,000
-195,000
SEC. 32. Item 8660-011-0470 of Section 2.00 of the
Budget Act of 2008 is amended to read:
8660-011-0470--For transfer by the
Controller from the California High-Cost
Fund-B Administrative Committee Fund to
the General Fund........................... (35,000,000)
(75,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
California High-Cost Fund-B
Administrative Committee Fund
are not adversely affected by
the loan.
SEC. 33. Item 8660-011-0471 of Section 2.00 of the
Budget Act of 2008 is amended to read:
8660-011-0471--For transfer by the
Controller from the Universal Lifeline
Telephone Service Trust Administrative
Committee Fund to the General Fund......... (30,000,000)
(45,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
Universal Lifeline Telephone
Service Trust Administrative
Committee Fund are not
adversely affected by the loan.
SEC. 34. Item 8660-011-0483 of Section 2.00 of the
Budget Act of 2008 is amended to read:
8660-011-0483--For transfer by the
Controller from the Deaf and Disabled
Telecommunications Program Administrative
Committee Fund to the General Fund......... (85,000,000)
(30,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
Deaf and Disabled
Telecommunications Program
Administrative Committee Fund
are not adversely affected by
the loan.
SEC. 35. Item 9100-101-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
9100-101-0001--For local assistance, Tax
Relief.................................... 503,005,000
468,265,000
Schedule:
(2) 20-Senior Citizens'
Property Tax
Deferral Program.... 25,800,000
(4) 50-Homeowners'
Property Tax Relief. 442,465,000
(5) 60-Subventions for
Open Space.......... 34,740,000
Provisions:
1. Schedule (2) is for property tax
postponement and assistance to
claimants in accordance with the
Senior Citizens Property Tax
Assistance and Postponement
Law (Part 10.5 (commencing with
Section 20501) of Division 2 of
the Revenue and Taxation Code).
The appropriation made in that
schedule shall be in lieu of the
appropriation for the same
purpose contained in Section
16100 of the Government Code.
3. Schedule (4) is for
reimbursement to local taxing
authorities for revenue lost by
reason of the homeowners'
property tax exemption granted
pursuant to subdivision (k) of
Section 3 of Article XIII of the
California Constitution. The
appropriation made in that
schedule shall be in lieu of the
appropriation required pursuant
to Section 25 of Article XIII of
the California Constitution and
the appropriation for the same
purposes contained in Section
16100 or 16120 of the Government
Code.
5. Notwithstanding any other
provision of law, the Director
of Finance may authorize
expenditures for Schedules (2) ,
(4), and ( 5 4
) in excess of or less
less than the amount
appropriated
not
appropriated not sooner than 30
days after
days after notification in
notification in writing of the
necessity
necessi t y t herefor is provided
to the
to the chairpersons of the fiscal
fiscal committees of each house of the
of the Legislature and the
Legislature and the Chairperson of
the Joint
of the Joint Legislative Budget
Committee, or
Committee, or not sooner than
whatever lesser
whatever lesser time the
chairperson of
the
chairperson of the joint
joint committee, or his or her
designee, may in each instance
determine.
SEC. 36. Item 9210-101-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
9210-101-0001--For local assistance, Local
Government Financing....................... 214,200,000
107,100,000
Provisions:
1. For allocation by the
Controller to local
jurisdictions for public
safety as determined by the
Director of Finance pursuant
to Chapter 6.7 (commencing
with Section 30061) of
Division 3 of Title 3 of the
Government Code.
2. Notwithstanding any other
provision of law, the funds
appropriated in this item
shall be available for
expenditure until June 30,
2010. These funds shall be
used to supplement and not
supplant existing services.
SEC. 37. Item 9210-105-0001 of Section 2.00 of the
Budget Act of 2008 is amended to read:
9210-105-0001--For local assistance, Local 31,500,00
Government Financing.........................
15,750,0
0
0
Provisions:
1. For reimbursement of actual
costs incurred by cities and
other entities for local
detention facilities
subventions, charged pursuant
to subdivision (a) of Section
29552 of the Government Code
during the 2007-08 fiscal year.
Any funds not disbursed shall
revert to the General Fund no
later than June 30, 2009.
2. No later than December 1, 2008,
the Controller shall allocate
the funds appropriated in this
item to all eligible cities and
other entities, and shall
certify to the Director of
Finance the actual amount of
moneys allocated for the
payment of local detention
facilities subventions, as
described in Section 29552 of
the Government Code. Any city
or other entity that applies
for funding pursuant to this
item shall comply with all
requests made by the Controller.
3. The Controller shall reduce
payments proportionally if the
amount appropriated in this
item is not sufficient to pay
all valid claims in full.
SEC. 38. Section 3.90 is added to the Budget Act of
2008, to read:
Sec. 3.90. (a) Notwithstanding any other provision of this act,
each item of appropriation in this act, with the exception of the
California State University, the University of California, judicial,
and Legislature budget items, shall be reduced, as appropriate, to
reflect a reduction in employee compensation agreed to through the
collective bargaining process for represented employees or existing
administration authority and a proportionate reduction for
nonrepresented employees (utilizing existing authority of the
administration to adjust compensation for nonrepresented employees)
in the total amounts of $240,000,000 from General Fund items and
$149,000,000 from items relating to other funds. It is the intent of
the Legislature that these and, if necessary, other agreements
through the collective bargaining process, as well as proportionate
reductions for nonrepresented employees (utilizing existing authority
of the administration to adjust compensation for nonrepresented
employees), will result in General Fund savings of $417,000,000 and
other fund savings of $255,000,000 in the 2009-10 fiscal year. The
Director of Finance shall allocate the necessary reduction to each
item of appropriation to accomplish the employee compensation
reductions required by this section.
(b) The Department of Personnel Administration shall transmit
proposed memoranda of understanding to the Legislature promptly and
shall include with each such transmission estimated savings pursuant
to this section of each agreement.
(c) Nothing in this section shall change or supersede the
provisions of the Ralph C. Dills Act (Chapter 10.3 (commencing with
Section 3512) of Division 4 of Title 1 of the Government Code).
SEC. 39. Sections 1 to 38, inclusive, of this act shall
become operative only if Senate Bill 1 of the 2009-10 First
Extraordinary Session is enacted.
SEC. 2. SEC. 40. This act addresses
the fiscal emergency declared by the Governor by proclamation on
December 1, 2008, pursuant to subdivision (f) of Section 10 of
Article IV of the California Constitution.
SEC. 41. 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 that necessary amendments to terms relating to loan
repayments made in the Budget Act of 2003 and that necessary
adjustments by this act to the appropriations in the Budget Act of
2008 for support of state government for the 2008-09 fiscal year may
be made as soon as possible to address the fiscal emergency declared
by the Governor, it is necessary that this act take effect
immediately.