BILL NUMBER: SBX1 7 ENROLLED
BILL TEXT
PASSED THE SENATE DECEMBER 18, 2008
PASSED THE ASSEMBLY DECEMBER 18, 2008
AMENDED IN ASSEMBLY DECEMBER 18, 2008
INTRODUCED BY Senator Ducheny
DECEMBER 8, 2008
An act to amend Sections 69766 and 89722 of, and to add Section
90082 to, the Education Code, to amend Section 17311 of the Family
Code, amend Sections 16140, 16310, 16428.15, 17302, 17303, 17310,
17311, 22910, 30051, 30061, and 30070 of, and to add Section 29553
to, the Government Code, to amend Sections 50740, 50782, 116760.30,
and 129215 of the Health and Safety Code, to amend Sections 8613 and
48027 of the Public Resources Code, to amend Section 11003 of the
Revenue and Taxation Code, to amend Sections 822, 1611, and 3001 of
the Unemployment Insurance Code, to amend Section 9250 of the Vehicle
Code, and to amend Sections 14163, 16809, and 18221 of, to add
Section 5778.3 to, and to repeal and add Section 18220 of, the
Welfare and Institutions Code, relating to state and local
government, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 7, Ducheny. Budget Act of 2008: state and local government.
(1) Existing law establishes various funds in the State Treasury.
Existing law also provides for the investment of money in the State
Treasury, generally, by the Pooled Money Investment Board, in the
Pooled Money Investment Account. Interest earned and increments
derived from these investments are distributed to the Surplus Money
Investment Fund and the General Fund.
This bill would authorize the Controller to loan moneys in various
funds to the General Fund for specified purposes. The bill would
require that, with specified exception, interest be paid on all
moneys loaned to the General Fund at a rate determined by the Pooled
Money Investment Board to be the current earning rate of the fund
from which the moneys were loaned. The bill would not authorize any
transfer that would interfere with the carrying out of the object for
which the funds were created.
(2) Existing law appropriates from the General Fund any unapplied
money, as defined, in any amounts necessary to pay the interest on,
and the principal of, any notes issued as the notes become due and
payable. Existing law appropriates $250,000 from the General Fund
without regard to fiscal years, to be set aside in the State Notes
Expense Account, to be used to pay expenses incurred by the
Treasurer, the Controller, or the Department of Finance in providing
for the preparation, sale, issuance, advertising, legal services, or
any other act which, in the Treasurer's discretion, is necessary to
carry out provisions of law relating to the issuance of warrants by
the Controller.
The bill would provide that when any payment on a note or any
payment to the provider of a credit enhancement or liquidity facility
for a note is due, that payment shall be made subject only to the
prior payment of payments required by law to be paid before the note
or provider payment and payments that by the terms of the note or
credit enhancement or liquidity agreement are permitted to be paid
before the note or provider payment. The bill would provide that a
demand drawn pursuant to these provisions to include those expenses
described above. In the alternative, all or a portion of those
expenses may be paid by causing the notes to bear interest at a rate
that results in payment by the purchaser of the notes of a premium
sufficient to pay those expenses.
(3) Existing law requires the amount appropriated by the
Legislature for the use of the Department of Motor Vehicles and the
Franchise Tax Board for the enforcement of the Vehicle License Fee
Law, to be transferred from the Motor Vehicle License Fee Account in
the Transportation Tax Fund to the Motor Vehicle Account in the State
Transportation Fund, as specified.
This bill would instead require that this amount calculated for
support of the Department of Motor Vehicles for the enforcement of
the Vehicle License Fee Law be deposited in a Local Safety and
Protection Account in the Transportation Tax Fund, which would be
continuously appropriated and allocated for specified purposes.
(4) Existing law authorizes counties and cities and counties to
apply to the Controller to receive specified funding for certain
booking or detention expenses.
This bill, during the 2008-09 fiscal year, would require 50% of
the funding from the Controller to be funded from the Local Safety
and Protection Account, and during the 2009-10 fiscal year would
require those payments to be fully funded from that account, thereby
resulting in an appropriation.
(5) Existing law requires the Department of Corrections and
Rehabilitation to allocate $168,713,000 among counties based on a
specified allocation schedule.
This bill would instead require the Controller to allocate the
funds deposited in the Local Safety and Protection Account to each
county to support juvenile probation activities, thereby resulting in
an appropriation.
Existing law also requires the Department of Corrections and
Rehabilitation to annually allocate the sum of $32,700,000 among
counties that operate juvenile camps and ranches, based on the number
of occupied beds in each camp, as prescribed.
This bill would, commencing with the 2008-09 fiscal year, reduce
this allocation to $29,430,000.
(6) Existing law establishes in each county treasury, a
Supplemental Law Enforcement Services Fund to receive all amounts
allocated to a county to fund specified public safety programs.
This bill would, commencing March 1, 2009, require the Controller
to fund the Supplemental Law Enforcement Services Fund from the Local
Safety and Protection Account in the Transportation Tax Fund,
thereby resulting in an appropriation.
(7) Existing law annually appropriates from the General Fund to
the Controller for allocation to county sheriff's departments,
$500,000 to enhance law enforcement efforts in specified counties.
This bill would, during the 2008-09 fiscal year, reduce this
appropriation to $275,000 to specified county sheriff's departments,
and would eliminate this appropriation for each fiscal year
thereafter.
(8) Existing law requires the Department of Motor Vehicles to
charge a registration fee of $31 on every vehicle or trailer coach,
as specified.
This bill would require the department, on March 1, 2009, and
thereafter, to charge a registration fee of $43 on every vehicle or
trailer coach, as specified.
(9) Under existing law, every constitutional amendment, bond
measure, or other legislative measure submitted to the people by the
Legislature shall appear on the ballot of the first statewide
election occurring at least 131 days after the adoption of the
proposal by the Legislature. Existing law provides that elections
held in June and November of each even-numbered year, and elections
held the first Tuesday in February of each year evenly divisible by
the number 4, are statewide elections and these dates are statewide
elections dates. Under existing law, the statewide elections in June
and November of each even-numbered year are held on the first Tuesday
after the first Monday of the month.
This bill would require that any Senate Constitutional Amendment
or Assembly Constitutional Amendment adopted during the 2009-10 First
Extraordinary Session be submitted to the voters at the November 2,
2010, statewide general election in accordance with the provisions of
the Government Code and the Elections Code governing the submission
of statewide measures to the voters.
(10) This bill would provide that it shall become effective only
if either AB 2 or SB 2 and either AB 9 or SB 9 of the First
Extraordinary Session are chaptered.
(11) 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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69766 of the Education Code is amended to read:
69766. (a) The Federal Student Loan Reserve Fund and the Student
Loan Operating Fund are hereby created in the State Treasury. On
January 1, 2000, the State Guaranteed Loan Reserve Fund shall cease
to exist, and funds deposited, or required to be deposited, in that
fund shall be transferred to the Federal Student Loan Reserve Fund or
to the Student Loan Operating Fund and allocated to those funds in
accordance with the requirements of federal law.
(b) All moneys received for the purposes of this article from
federal, state, or local governments, including any moneys deposited
in the State Guaranteed Loan Reserve Fund, or from other private or
public sources, shall be deposited in the Federal Student Loan
Reserve Fund or the Student Loan Operating Fund and allocated to
those funds in accordance with the requirements of federal law. Funds
deposited in the Federal Student Loan Reserve Fund or the Student
Loan Operating Fund are not part of the General Fund, as defined in
Section 16300 of the Government Code. No moneys from the General Fund
shall be deposited in the Federal Student Loan Reserve Fund or the
Student Loan Operating Fund.
(c) The contents of the Federal Student Loan Reserve Fund are
federal funds, administered in accordance with federal laws and
regulations. The contents of the Student Loan Operating Fund are
state funds within the custody and control of the Student Aid
Commission.
(d) Notwithstanding Section 13340 of the Government Code, all
moneys deposited in the Federal Student Loan Reserve Fund and the
Student Loan Operating Fund are hereby continuously appropriated,
without regard to fiscal years, for purposes of this article. The
continuous appropriation made by this section shall be available to
assume the obligation under any outstanding budget act appropriation
from the State Guaranteed Loan Reserve Fund as it existed prior to
January 1, 2000. On or after the operative date of Article 2.4
(commencing with Section 69521), the expenditure of funds from the
Student Loan Operating Fund is subject to the limitations set forth
in Sections 69522 and 69526.
(e) Notwithstanding any other provision of law, the Controller may
use the moneys in the Student Loan Operating Fund for loans to the
General Fund as provided in Sections 16310 and 16381 of the
Government Code, however, interest shall be paid on all moneys loaned
to the General Fund from the Student Loan Operating Fund. Interest
payable shall be computed at a rate determined by the Pooled Money
Investment Board to be the current earning rate of the fund from
which loaned. This subdivision does not authorize any transfer that
will interfere with the carrying out of the object for which the
Student Loan Operating Fund was created.
(f) The total amount of all outstanding debts, obligations, and
liabilities that may be incurred or created under this article or
under Article 2.5 (commencing with Section 69522), including any
obligation to repay to the United States any funds provided under
Title IV of the "Higher Education Act of 1965," and extensions
thereof or amendments thereto, or any similar act of Congress, is
limited to the amount contained in the Federal Student Loan Reserve
Fund or the Student Loan Operating Fund, and the state shall not be
liable to the United States, or to any other person or entity, beyond
the amount contained in the Federal Student Loan Reserve Fund or the
Student Loan Operating Fund for any debts, obligations, and
liabilities.
SEC. 2. Section 89722 of the Education Code is amended to read:
89722. (a) The California State University Trust Fund is hereby
created in the State Treasury. Moneys in the California State
University Trust Fund are appropriated to the trustees as provided in
Section 89724. Interest accruing upon the investment of moneys of
the California State University Trust Fund shall be paid into and
credited to that fund. The trustees shall apportion as of June 30 and
December 31 of each year the revenues earned and deposited in the
fund during the six calendar months ending with those dates. There
shall be apportioned and credited to each campus of the California
State University having deposits in the fund, an amount directly
proportionate to the total deposits in the fund and the length of
time the deposits remained therein. The chief fiscal officer of each
campus of the California State University may allocate further this
amount to the extent considered necessary.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the California State University Trust Fund for
loans to the General Fund as provided in Sections 16310 and 16381 of
the Government Code, however, interest shall be paid on all moneys
loaned to the General Fund from the California State University Trust
Fund. Interest payable shall be computed at a rate determined by the
Pooled Money Investment Board to be the current earning rate of the
fund from which loaned. This subdivision does not authorize any
transfer that will interfere with the carrying out of the object for
which the California State University Trust Fund was created.
SEC. 3. Section 90082 is added to the Education Code, to read:
90082. Notwithstanding any other provision of law, the Controller
may use the moneys in the State College Dormitory Building
Maintenance and Equipment Reserve Fund for loans to the General Fund
as provided in Sections 16310 and 16381 of the Government Code,
however, interest shall be paid on all moneys loaned to the General
Fund from the State College Dormitory Building Maintenance and
Equipment Reserve Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This section does not
authorize any transfer that will interfere with the carrying out of
the object for which the State College Dormitory Building Maintenance
and Equipment Reserve Fund was created.
SEC. 4. Section 17311 of the Family Code is amended to read:
17311. (a) The Child Support Payment Trust Fund is hereby created
in the State Treasury. The department shall administer the fund.
(b) (1) The state may deposit child support payments received by
the State Disbursement Unit, including those amounts that result in
overpayment of child support, into the Child Support Payment Trust
Fund, for the purpose of processing and providing child support
payments. Notwithstanding Section 13340 of the Government Code, the
fund is continuously appropriated for the purposes of disbursing
child support payments from the State Disbursement Unit.
(2) The state share of the interest and other earnings that accrue
on the fund shall be available to the department and used to offset
the following General Fund costs in this order:
(A) Any transfers made to the Child Support Payment Trust Fund
from the General Fund.
(B) The cost of administering the State Disbursement Unit, subject
to appropriation by the Legislature.
(C) Other child support program activities, subject to
appropriation by the Legislature.
(c) The department may establish and administer a revolving
account in the Child Support Payment Trust Fund in an amount not to
exceed six hundred million dollars ($600,000,000) to ensure the
timely disbursement of child support. This amount may be adjusted by
the Director of Finance upon notification of the Legislature as
required, to meet payment timeframes required under federal law.
(d) It is the intent of the Legislature to provide transfers from
the General Fund to provide startup funds for the Child Support
Payment Trust Fund so that, together with the balances transferred
pursuant to Section 17311.7, the Child Support Payment Trust Fund
will have sufficient cash on hand to make all child support payments
within the required timeframes.
(e) Notwithstanding any other provision of law, an ongoing loan
shall be made available from the General Fund, from funds not
otherwise appropriated, to the Child Support Payment Trust Fund, not
to exceed one hundred fifty million dollars ($150,000,000) to ensure
the timely disbursement of child support payments when funds have not
been recorded to the Child Support Payment Trust Fund or due to
other fund liabilities, including, but not limited to, Internal
Revenue Service negative adjustments to tax intercept payments.
Whenever an adjustment of this amount is required to meet payment
timeframes under federal law, the amount shall be adjusted after
approval of the Director of Finance. In conjunction with the
Department of Finance and the Controller's office, the department
shall establish repayment procedures to ensure the outstanding loan
balance does not exceed the average daily cash needs. The ongoing
evaluation of the fund as detailed in these procedures shall occur no
less frequently than monthly.
(f) Notwithstanding any other provision of law, the Controller may
use the moneys in the Child Support Payment Trust Fund for loans to
the General Fund as provided in Sections 16310 and 16381 of the
Government Code, however, interest shall be paid on all moneys loaned
to the General Fund from the Child Support Payment Trust Fund.
Interest payable shall be computed at a rate determined by the Pooled
Money Investment Board to be the current earning rate of the fund
from which loaned. This subdivision does not authorize any transfer
that will interfere with the carrying out of the object for which the
Child Support Payment Trust Fund was created.
SEC. 5. Section 16140 of the Government Code is amended to read:
16140. The payments provided by this chapter shall be made only
when the value of each parcel of open-space land assessed under
Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation
Code is less than the value that would have resulted if the valuation
of the property was made pursuant to Section 110.1 of the Revenue
and Taxation Code, as though the property were not subject to an
enforceable restriction in the base year.
SEC. 6. Section 16310 of the Government Code is amended to read:
16310. (a) When the General Fund in the Treasury is or will be
exhausted, the Controller shall notify the Governor and the Pooled
Money Investment Board. The Governor may order the Controller to
direct the transfer of all or any part of the moneys not needed in
other funds or accounts to the General Fund from those funds or
accounts, as determined by the Pooled Money Investment Board,
including the Surplus Money Investment Fund or the Pooled Money
Investment Account. All moneys so transferred shall be returned to
the funds or accounts from which they were transferred as soon as
there are sufficient moneys in the General Fund to return them. No
interest shall be charged or paid on any transfer authorized by this
section, exclusive of the Pooled Money Investment Account, except as
provided herein. This section does not authorize any transfer that
will interfere with the object for which a special fund was created
or any transfer from the Central Valley Water Project Construction
Fund, the Central Valley Water Project Revenue Fund, or the
California Water Resources Development Bond Fund.
(b) (1) Interest shall be paid on all moneys transferred to the
General Fund from the following funds:
(A) The Department of Food and Agriculture Fund.
(B) The DNA Identification Fund.
(C) The Mental Health Services Fund.
(D) All funds created pursuant to the California Children and
Families Act of 1998, enacted by Proposition 10 at the November 3,
1998, statewide general election.
(E) Any funds retained by or in the possession of the California
Exposition and State Fair pursuant to this section.
(2) With respect to all other funds, and unless otherwise
specified, if the total moneys transferred to the General Fund in any
fiscal year from any special fund pursuant to this section exceed an
amount equal to 10 percent of the total additions to surplus
available for appropriation as shown in the statement of operations
of a prior fiscal year as set forth in the most recent published
annual report of the Controller, interest shall be paid on the
excess. Interest payable under this section shall be computed at a
rate determined by the Pooled Money Investment Board to be the
current earning rate of the fund from which transferred.
(c) Except as described in subdivision (d), all moneys in the
State Treasury may be loaned for the purposes described in
subdivision (a).
(d) Subdivision (c) shall not apply to any of the following:
(1) The Local Agency Investment Fund.
(2) Funds classified in the State of California Uniform Codes
Manual as bond funds or retirement funds.
(3) All or part of the moneys not needed in other funds or
accounts for purposes of subdivision (a) where the Controller is
prohibited by the California Constitution, bond indenture, or
statutory or case law from transferring all or any part of those
moneys.
SEC. 7. Section 16428.15 of the Government Code is amended to
read:
16428.15. (a) The Ratepayer Relief Fund is hereby established in
the State Treasury. The purpose of the fund is to benefit electricity
and natural gas ratepayers and to fund investigation and litigation
costs of the state in pursuing allegations of overcharges and unfair
business practices against generators, suppliers, or marketers of
electricity or natural gas.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the Ratepayer Relief Fund for loans to the General
Fund as provided in Sections 16310 and 16381, however, interest
shall be paid on all moneys loaned to the General Fund from the
Ratepayer Relief Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Ratepayer Relief Fund was created.
SEC. 8. Section 17302 of the Government Code is amended to read:
17302. Notes shall be issued pursuant to this part only to raise
funds in an amount sufficient to satisfy the Controller's registered
demand or demands. Proceeds of notes may also be used for the
payments described in Section 17311 to the extent that those payments
are not included within the appropriations comprising the demand or
demands. The principal amount of the issuance of notes shall equal
the amount of the demand or the portion of the demand that is
satisfied by the issuance. The issuance of any notes pursuant to this
part shall be authorized by a resolution adopted by the Treasurer
with the approval of the Controller and the Director of Finance.
(a) Any note (1) may be negotiable, (2) may be payable to order or
to bearer, (3) may be in any denomination, (4) shall be payable not
later than 120 days after the end of the fiscal year in which the
note has been issued and shall not be renewable beyond that date, (5)
may bear fixed or variable interest at a rate or rates to be
determined as provided by the resolution and payable as provided
therein, (6) may be payable on a fixed date or upon demand of the
holder of the note, (7) may be made subject to prepayment or
redemption at the option of the state or at the option of the holder,
and (8) may have a term not exceeding 12 months.
(b) In lieu of issuing notes pursuant to subdivision (a), the
resolution may provide for the issuance of notes in the form of
commercial paper. This commercial paper may be issued and renewed
from time to time, in amounts, subject to the requirements of this
subdivision, as the Treasurer shall determine, from the date of
initial issuance until the final maturity date, which shall not be
more than 12 months, and shall occur not more than 120 days after the
end of the fiscal year in which the commercial paper was first
issued, and may not be renewed beyond that date. The maximum
principal amount of commercial paper outstanding at any one time
shall be stated in the resolution, and shall not be greater than the
amount of the Controller's demand. The resolution may also provide
that the commercial paper (1) may be negotiable, (2) may be payable
to order or to bearer, (3) may be in any denomination, (4) may bear
fixed or variable interest at a rate or rates to be determined as
provided in the resolution and payable as provided therein, (5) may
be payable on a fixed date or upon demand of the holder of the
commercial paper, (6) may be made subject to prepayment or redemption
at the option of the state or of the holder, and (7) may contain any
other provision necessary or appropriate to carry out the program of
commercial paper.
SEC. 9. Section 17303 of the Government Code is amended to read:
17303. Upon receipt of the purchase price of the notes, the
Treasurer shall notify the Controller that funds for the payment of
all or part of the registered demand or demands are in the State
Treasury and available for the payment of claims represented by the
registered demand or demands. The Controller may thereupon proceed to
draw warrants against appropriations lawfully made by the
Legislature to be paid in the fiscal year and represented by the
registered demand or demands. Upon the payment in full of the notes
representing the registered demand or demands, or the portion of the
demand or demands as set forth in Section 17302, the appropriate
portion of the registered demand or demands shall be canceled.
SEC. 10. Section 17310 of the Government Code is amended to read:
17310. (a) Notwithstanding Section 13340, there is hereby
appropriated from the General Fund any unapplied money, as defined in
subdivision (a) of Section 17220, in any amounts necessary to pay
the interest on, and the principal of, any notes issued pursuant to
this part, as the interest on and the principal of the notes become
due and payable.
(b) When any payment on a note or any payment to the provider of a
credit enhancement or liquidity facility for a note is due, that
payment shall be made subject only to prior payment of the following:
(1) Payments required by law to be paid before the note or
provider payment.
(2) Payments that by the terms of the note or credit enhancement
or liquidity agreement are permitted to be paid before the note or
provider payment.
SEC. 11. Section 17311 of the Government Code is amended to read:
17311. (a) There is hereby appropriated from the General Fund
without regard to fiscal years two hundred fifty thousand dollars
($250,000), which shall be set aside in a special account entitled
State Notes Expense Account, and shall be used to pay expenses
incurred by the Treasurer, Controller, or the Department of Finance
in providing for the preparation, sale, issuance, advertising, legal
services, or any other act which, in the discretion of the Treasurer
or the Department of Finance, is necessary to carry out the purposes
of this part. This account shall operate as a revolving fund and
whenever notes are sold, out of the first money realized from their
sale, any remaining expenses shall be paid and then there shall be
redeposited in the account any amounts that have been expended for
the above purposes, which amounts may be used for the same purposes
and repaid in the same manner whenever additional sales are made.
Without limiting Section 17300, a demand drawn under Section 17300
may include the expenses described in this subdivision. In the
alternative, all or a portion of the expenses described in this
subdivision may be paid by causing the notes to bear interest at a
rate that results in payment by the purchaser of the notes of a
premium sufficient to pay these expenses.
(b) Any premium received upon the sale of an issuance of notes
shall be applied to expenses described in subdivision (a) or shall be
credited to the General Fund and applied to the payment of interest
on notes.
SEC. 12. Section 22910 of the Government Code is amended to read:
22910. (a) There shall be maintained in the State Treasury the
Public Employees' Contingency Reserve Fund. The board may invest
funds in the Public Employees' Contingency Reserve Fund in accordance
with the provisions of law governing its investment of the
retirement fund.
(b) (1) An account shall be maintained within the Public Employees'
Contingency Reserve Fund with respect to the health benefit plans
the board has approved or that have entered into a contract with the
board. The account shall be credited, from time to time and in
amounts as determined by the board, with moneys contributed under
Section 22885 or 22901 to provide an adequate contingency reserve.
The income derived from any dividends, rate adjustments, or other
funds received from a health benefit plan shall be credited to the
account. The board may deposit, in the same manner as provided in
paragraph (4), up to one-half of 1 percent of premiums in the account
for purposes of cost containment programs, subject to approval as
provided in paragraph (2) of subdivision (c).
(2) The account for health benefit plans may be utilized to defray
increases in future rates, to reduce the contributions of employees
and annuitants and employers, to implement cost containment programs,
or to increase the benefits provided by a health benefit plan, as
determined by the board. The board may use penalties and interest
deposited pursuant to subdivision (c) of Section 22899 to pay any
difference between the adjusted rate set by the board pursuant to
Section 22864 and the applicable health benefit plan contract rates.
(3) The total credited to the account for health benefit plans at
any time shall be limited, in the manner and to the extent the board
may find to be most practical, to a maximum of 10 percent of the
total of the contributions of the employers and employees and
annuitants in any fiscal year. The board may undertake any action to
ensure that the maximum amount prescribed for the fund is
approximately maintained.
(4) Board rules and regulations adopted pursuant to Section 22831
to minimize the impact of adverse selection or contracts entered into
pursuant to Section 22864 to implement health benefit plan
performance incentives may provide for deposit in and disbursement to
carriers or to Medicare from the account the portion of the
contributions otherwise payable directly to the carriers by the
Controller under Section 22913 as may be required for that purpose.
The deposits may not be included in applying the limitations,
prescribed in paragraph (3), on total amounts that may be deposited
in or credited to the fund.
(5) Notwithstanding Section 13340, all moneys in the account for
health benefit plans are continuously appropriated without regard to
fiscal year for the purposes provided in this subdivision.
(c) (1) An account shall also be maintained in the Public
Employees' Contingency Reserve Fund for administrative expenses
consisting of funds deposited for this purpose pursuant to Sections
22885 and 22901.
(2) The moneys deposited pursuant to Sections 22885 and 22901 in
the Public Employees' Contingency Reserve Fund may be expended by the
board for administrative purposes, provided that the expenditure is
approved by the Department of Finance and the Joint Legislative
Budget Committee in the manner provided in the Budget Act for
obtaining authorization to expend at rates requiring a deficiency
appropriation, regardless of whether the expenses were anticipated.
(d) An account shall be maintained in the Public Employees'
Contingency Reserve Fund for health plan premiums paid by contracting
agencies, including payments made pursuant to subdivision (f) of
Section 22850. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, for the
payment of premiums or other charges to carriers or the Public
Employees' Health Care Fund. Penalties and interest paid pursuant to
subdivision (c) of Section 22899 shall be deposited in the account
pursuant to paragraphs (1) and (2) of subdivision (b).
(e) Accounts shall be maintained in the Public Employees'
Contingency Reserve Fund for complementary annuitant premiums and
related administrative expenses paid by annuitants pursuant to
Section 22802. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, to
reimburse the Public Employees' Retirement Fund for payment of
annuitant health premiums, and for the payment of premiums and other
charges to carriers or to the Public Employees' Health Care Fund.
Administrative expenses deposited in this account shall be credited
to the account provided by subdivision (c).
(f) Amounts received by the board for retiree drug subsidy
payments that are attributed to contracting agencies and their
annuitants and employees pursuant to subdivision (c) of Section
22910.5 shall be deposited in the Public Employees' Contingency
Reserve Fund. Notwithstanding Section 13340, these amounts are
continuously appropriated, without regard to fiscal year, for the
payment of premiums, costs, contributions, or other benefits related
to contracting agencies and their employees and annuitants, and as
consistent with the Medicare Prescription Drug Improvement and
Modernization Act, as amended.
(g) The Account for Retiree Drug Subsidy Payments is hereby
established in the Public Employees' Contingency Reserve Fund and
funds in that account shall, upon appropriation by the Legislature,
be used for the purposes described in Section 22910.5.
(h) Notwithstanding any other provision of law, the Controller may
use the moneys in the Public Employees' Contingency Reserve Fund for
loans to the General Fund as provided in Sections 16310 and 16381,
however, interest shall be paid on all moneys loaned to the General
Fund from the Public Employees' Contingency Reserve Fund. Interest
payable shall be computed at a rate determined by the Pooled Money
Investment Board to be the current earning rate of the fund from
which loaned. This subdivision does not authorize any transfer that
will interfere with the carrying out of the object for which the
Public Employees' Contingency Reserve Fund was created.
SEC. 13. Section 29553 is added to the Government Code, to read:
29553. Beginning July 1, 2009, the payments authorized by Section
29552 shall be fully funded from the Local Safety and Protection
Account. The Controller shall allocate 8.77 percent of the moneys
annually deposited in the Local Safety and Protection Account for
purposes of these payments.
SEC. 14. Section 30051 of the Government Code is amended to read:
30051. (a) The Local
Public Safety Fund is hereby created in the State Treasury. The fund
shall consist of the Interim Public Safety Account to receive all
revenues deposited therein pursuant to former paragraph (8) of, and
the Public Safety Account to receive all those revenues deposited
therein pursuant to former paragraph (9) of, subdivision (a) of
Section 7102 of the Revenue and Taxation Code. Moneys in the fund may
only be appropriated for the purposes specified in Section 30052.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the Public Safety Account in the Local Public
Safety Fund for loans to the General Fund as provided in Sections
16310 and 16381, however, interest shall be paid on all moneys loaned
to the General Fund from the Public Safety Account in the Local
Public Safety Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Public Safety Account in the Local Public
Safety Fund was created.
SEC. 15. Section 30061 of the Government Code is amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Fund (SLESF), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESF, including any
interest or other return earned on the investment of those moneys,
within 30 days of the deposit of those moneys into the fund, and
shall allocate those moneys in accordance with the requirements set
forth in this subdivision. However, the auditor shall not transfer
those moneys to a recipient agency until the Supplemental Law
Enforcement Oversight Committee certifies receipt of an approved
expenditure plan from the governing board of that agency. The moneys
shall be allocated as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide a grant of at least eighty-nine thousand five
hundred dollars ($89,500) to each law enforcement jurisdiction. For a
newly incorporated city whose population estimate is not published
by the Department of Finance, but that was incorporated prior to July
1 of the fiscal year in which an allocation from the SLESF is to be
made, the city manager, or an appointee of the legislative body, if a
city manager is not available, and the county administrative or
executive officer shall prepare a joint notification to the
Department of Finance and the county auditor with a population
estimate reduction of the unincorporated area of the county equal to
the population of the newly incorporated city by July 15, or within
15 days after the Budget Act is enacted, of the fiscal year in which
an allocation from the SLESF is to be made. No person residing within
the Broadmoor Police Protection District, the Bear Valley Community
Services District, the Stallion Springs Community Services District,
the Lake Shastina Community Services District, or the Kensington
Police Protection and Community Services District shall also be
counted as residing within the unincorporated area of the County of
San Mateo, Kern, Siskiyou, or Contra Costa, or within any city
located within those counties. The county auditor shall allocate a
grant of at least eighty-nine thousand five hundred dollars ($89,500)
to each law enforcement jurisdiction. Moneys allocated to the county
pursuant to this subdivision shall be retained in the county SLESF,
and moneys allocated to a city pursuant to this subdivision shall be
deposited in an SLESF established in the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph and to the Board of Corrections for administrative
purposes. Funding for the Board of Corrections, as determined by the
Department of Finance, shall not exceed two hundred seventy-five
thousand dollars ($275,000). For the 2003-04 fiscal year, of the two
hundred seventy-five thousand dollars ($275,000), up to one hundred
seventy-six thousand dollars ($176,000) may be used for juvenile
facility inspections. The juvenile justice plan shall be developed by
the local juvenile justice coordinating council in each county and
city and county with the membership described in Section 749.22 of
the Welfare and Institutions Code. If a plan has been previously
approved by the Board of Corrections, the plan shall be reviewed and
modified annually by the council. The plan or modified plan shall be
approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be annually submitted to the Department
of Corrections and Rehabilitation by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of
program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Department of Corrections and Rehabilitation shall review
plans or modified plans submitted pursuant to this paragraph within
30 days upon receipt of submitted or resubmitted plans or modified
plans. The board shall approve only those plans or modified plans
that fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The board shall offer, and provide, if
requested, technical assistance to any county or city and county that
submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESF shall only allocate funding
pursuant to this paragraph upon notification from the board that a
plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Department of Corrections and
Rehabilitation, in a format specified by the Department of
Corrections and Rehabilitation, on the programs funded pursuant to
this chapter and program outcomes as specified in subparagraph (C).
(ii) The Department of Corrections and Rehabilitation shall
compile the local reports and, by March 15, 2003, and annually
thereafter, make a report to the Governor and the Legislature on
program expenditures within each county and city and county from the
appropriation for the purposes of this paragraph, on the outcomes as
specified in subparagraph (C) of the programs funded pursuant to this
paragraph and the statewide effectiveness of the comprehensive
multiagency juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs. The board shall, at a public hearing held at a time
determined by the board in each year that the Legislature
appropriates funds for purposes of this chapter, or within 30 days
after a request by a recipient agency for a hearing if the funds have
been received by the county from the state prior to that request,
consider and determine each submitted request within 60 days of
receipt, pursuant to the decision of a majority of a quorum present.
The board shall consider these written requests separate and apart
from the process applicable to proposed allocations of the county
general fund.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city. These written requests shall be acted upon by
the city council in the same manner as specified in paragraph (1)
for county appropriations.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district. These written requests shall be acted upon by the
legislative body in the same manner specified in paragraph (1) for
county appropriations.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) Effective March 1, 2009, the programs authorized by this
chapter shall be funded from the Local Safety and Protection Account
in the Transportation Fund authorized by Section 11003 of the Revenue
and Taxation Code. Of the amount deposited in the Local Safety and
Protection Account in the 2008-09 fiscal year, the Controller shall
allocate 29.26 percent for purposes of paragraphs (1), (2), and (3)
of subdivision (b), and shall allocate 29.26 percent for purposes of
paragraph (4) of subdivision (b). Beginning July 1, 2009, and every
fiscal year thereafter, the Controller shall allocate 26.69 percent
of the amount deposited in the Local Safety and Protection Account
for purposes of paragraphs (1), (2), and (3) of subdivision (b), and
shall allocate 26.69 percent for purposes of paragraph (4) of
subdivision (b).
(f) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance. The Controller shall allocate these
funds in four equal installments, to be paid in September, December,
March, and June of each fiscal year.
(g) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met this
requirement shall remit unspent SLESF moneys received prior to March
1, 2009, to the Controller for deposit into the General Fund. A local
agency that has not met the requirement of this subdivision shall
remit unspent SLESF moneys received after March 1, 2009, to the Local
Safety and Protection Account.
(h) If a county, a city, a city and county, or a qualifying
special district does not comply with the requirements of this
chapter to receive an SLESF allocation, the Controller shall revert
those funds that were provided for the noncompliant entity prior to
March 1, 2009, to the General Fund. Funds provided for the
noncompliant entity after March 1, 2009, shall be reverted to the
Local Safety and Protection Account.
SEC. 16. Section 30070 of the Government Code is amended to read:
30070. (a) The sum of eighteen million five hundred thousand
dollars ($18,500,000) is hereby annually appropriated from the
General Fund to the Controller for allocation to county sheriffs'
departments to enhance law enforcement efforts in the counties
specified in paragraphs (1) to (37), inclusive, according to the
following schedule:
(1) Alpine County.................. 500,000
(2) Amador County.................. 500,000
(3) Butte County................... 500,000
(4) Calaveras County............... 500,000
(5) Colusa County.................. 500,000
(6) Del Norte County............... 500,000
(7) El Dorado County............... 500,000
(8) Glenn County................... 500,000
(9) Humboldt County................ 500,000
(10) Imperial County............... 500,000
(11) Inyo County................... 500,000
(12) Kings County.................. 500,000
(13) Lake County................... 500,000
(14) Lassen County................. 500,000
(15) Madera County................. 500,000
(16) Marin County.................. 500,000
(17) Mariposa County............... 500,000
(18) Mendocino County............. 500,000
(19) Merced County................. 500,000
(20) Modoc County.................. 500,000
(21) Mono County................... 500,000
(22) Napa County................... 500,000
(23) Nevada County................. 500,000
(24) Placer County................. 500,000
(25) Plumas County................. 500,000
(26) San Benito County............. 500,000
(27) San Luis Obispo County........ 500,000
(28) Santa Cruz County............. 500,000
(29) Shasta County................. 500,000
(30) Sierra County................. 500,000
(31) Siskiyou County............... 500,000
(32) Sutter County................. 500,000
(33) Tehama County................. 500,000
(34) Trinity County................ 500,000
(35) Tuolumne County............... 500,000
(36) Yolo County................... 500,000
(37) Yuba County................... 500,000
(b) Funds allocated pursuant to this section shall be used to
supplement rather than supplant existing law enforcement resources.
(c) The appropriation and allocation of funds to county sheriffs'
departments under this section shall be suspended for the 2003-04
fiscal year.
(d) Beginning July 1, 2009, the appropriation authorized by this
section shall be suspended. This suspension shall remain in effect
unless rescinded by a subsequently enacted statute.
SEC. 17. Section 50740 of the Health and Safety Code is amended to
read:
50740. (a) The Rental Housing Construction Incentive Fund
established in the State Treasury is hereby renamed the Rental
Housing Construction Fund. Notwithstanding Section 13340 of the
Government Code, all moneys in the fund are hereby continuously
appropriated to the Department of Housing and Community Development,
and, except as provided in subdivisions (b) and (c), shall be
utilized for purposes of this chapter, Section 50775.5, and Chapter
15 (commencing with Section 50880). All interest or other increment
resulting from investment or deposit of moneys in the fund shall be
deposited in the fund, notwithstanding Section 16305.7 of the
Government Code. Moneys in the fund shall not be subject to transfer
to any other fund pursuant to Part 2 (commencing with Section 16300)
of Division 4 of Title 2 of the Government Code, except the Surplus
Money Investment Fund.
(b) An amount not to exceed four million dollars ($4,000,000) of
the moneys from the fund utilized by the agency for development costs
which is repaid to the agency or disencumbered on or after July 1,
1983, shall be deposited in a separate account and utilized and
apportioned in accordance with the following percentages as it
becomes available:
(1) Fifty percent of the moneys shall be transferred by the
agency to the department and deposited in the Housing Rehabilitation
Loan Fund, established pursuant to Section 50661, and utilized for
making deferred payment loans for residential hotels as authorized by
subdivision (b) of Section 50661 and for purposes of subdivision (c)
of that section.
(2) Twenty-five percent of the moneys shall be transferred by the
agency to the department for deposit in the Emergency Housing and
Assistance Fund, established pursuant to Section 50800.5.
(3) Twenty-five percent of the moneys shall be transferred by the
agency to the department for deposit in the annuity fund,
established pursuant to Section 50738.5.
(c) Notwithstanding any other provision of law, effective with
the date of the act adding this subdivision, appropriations
authorized for support of the department from the Family Housing
Demonstration Account shall instead be authorized for expenditure
from the Rental Housing Construction Fund.
(d) Notwithstanding any other provision of law, the Controller may
use the moneys in the Rental Housing Construction Fund for loans to
the General Fund as provided in Sections 16310 and 16381 of the
Government Code, however, interest shall be paid on all moneys loaned
to the General Fund from the Rental Housing Construction Fund.
Interest payable shall be computed at a rate determined by the Pooled
Money Investment Board to be the current earning rate of the fund
from which loaned. This subdivision does not authorize any transfer
that will interfere with the carrying out of the object for which the
Rental Housing Construction Fund was created.
SEC. 18. Section 50782 of the Health and Safety Code is amended to
read:
50782. (a) The Mobilehome Park Purchase Fund is hereby created in
the State Treasury and, notwithstanding Section 13340 of the
Government Code or any other provisions of law, is continuously
appropriated to the department for the purpose of providing loans
pursuant to this chapter and for related administrative costs of the
department. Notwithstanding Section 16305.7 of the Government Code,
any moneys received by the department pursuant to this chapter, and
any other sources, repayments, interest, or new appropriations, shall
be deposited in the fund. Moneys in the fund shall not be subject to
transfer to any other fund pursuant to any provision of Part 2
(commencing with Section 16300) of Division 4 of Title 2 of the
Government Code, except the Surplus Money Investment Fund. The
department may require the transfer of moneys in the fund to the
Surplus Money Investment Fund for investment pursuant to Article 4
(commencing with Section 16470) of Chapter 3 of Part 2 of Division 4
of Title 2 of the Government Code. Notwithstanding Section 16305.7 of
the Government Code, all interest, dividends, and pecuniary gains
from the investments shall accrue to the fund.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the Mobilehome Park Purchase Fund for loans to the
General Fund as provided in Sections 16310 and 16381 of the
Government Code, however, interest shall be paid on all moneys loaned
to the General Fund from the Mobilehome Park Purchase Fund. Interest
payable shall be computed at a rate determined by the Pooled Money
Investment Board to be the current earning rate of the fund from
which loaned. This subdivision does not authorize any transfer that
will interfere with the carrying out of the object for which the
Mobilehome Park Purchase Fund was created.
SEC. 19. Section 116760.30 of the Health and Safety Code is
amended to read:
116760.30. (a) There is hereby created in the State Treasury the
Safe Drinking Water State Revolving Fund for the purpose of
implementing this chapter, and, notwithstanding Section 13340 of the
Government Code, the fund is hereby continuously appropriated,
without regard to fiscal years, to the department to provide, from
moneys available for this purpose, grants or revolving fund loans for
the design and construction of projects for public water systems
that will enable suppliers to meet safe drinking water standards. The
department shall be responsible for administering the fund.
(b) The department shall report at least once every two years to
the policy and budget committees of the Legislature on the
implementation of this chapter and expenditures from the fund. The
report shall describe the numbers and types of projects funded, the
reduction in risks to public health from contaminants in drinking
water provided through the funding of the projects, and the criteria
used by the department to determine funding priorities.
(c) Notwithstanding any other provision of law, the Controller may
use the moneys in the Safe Drinking Water State Revolving Fund for
loans to the General Fund as provided in Sections 16310 and 16381 of
the Government Code, however, interest shall be paid on all moneys
loaned to the General Fund from the Safe Drinking Water State
Revolving Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Safe Drinking Water State Revolving Fund was
created.
SEC. 20. Section 129215 of the Health and Safety Code is amended
to read:
129215. (a) The Health Facility Construction Loan Insurance Fund,
established pursuant to Section 129200, shall be a trust fund and
neither the fund nor the interest or other earnings generated by the
fund shall be used for any purpose other than those purposes
authorized by this chapter.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the Health Facility Construction Loan Insurance
Fund for loans to the General Fund as provided in Sections 16310 and
16381 of the Government Code,
however, interest shall be paid on all moneys loaned to the
General Fund from the Health Facility Construction Loan Insurance
Fund. Interest payable shall be computed at a rate determined by the
Pooled Money Investment Board to be the current earning rate of the
fund from which loaned. This subdivision does not authorize any
transfer that will interfere with the carrying out of the object for
which the Health Facility Construction Loan Insurance Fund was
created.
SEC. 21. Section 8613 of the Public Resources Code is amended to
read:
8613. (a) Moneys in the fund shall be available for expenditure
by the trustee to purchase outstanding interests in tide and
submerged lands whether or not they have been filled, diked, or cut
off from tidal waters, lands which have been or may be converted to
wetlands, or adjoining or nearby lands where the public use and
ownership of the land is necessary or extremely beneficial for
furtherance of public trust purposes.
(b) Moneys deposited in the fund pursuant to subdivision (b) or
(c) of Section 8625 shall be available for expenditure by the trustee
for management and improvement of real property held by the trustee
to provide open space, habitat for plants and animals, and public
access.
(c) Notwithstanding any other provision of law, the Controller may
use the moneys in the Land Bank Fund for loans to the General Fund
as provided in Sections 16310 and 16381 of the Government Code,
however, interest shall be paid on all moneys loaned to the General
Fund from the Land Bank Fund. Interest payable shall be computed at a
rate determined by the Pooled Money Investment Board to be the
current earning rate of the fund from which loaned. This subdivision
does not authorize any transfer that will interfere with the carrying
out of the object for which the Land Bank Fund was created.
SEC. 22. Section 48027 of the Public Resources Code is amended to
read:
48027. (a) (1) The Legislature hereby finds and declares that
effective response to cleanup at solid waste disposal and codisposal
sites requires that the state have sufficient funds available in the
trust fund created pursuant to subdivision (b).
(2) The Legislature further finds and declares that the
maintenance of the trust fund is of the utmost importance to the
state and that it is essential that, except as described in
subdivision (g), any moneys in the trust fund be used solely for the
purposes authorized in this article and not be used, loaned, or
transferred for any other purpose.
(b) The Solid Waste Disposal Site Cleanup Trust Fund is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, the moneys in the trust fund are hereby continuously
appropriated to the board for expenditure, without regard to fiscal
years, for the purposes of this article.
(c) The following moneys shall be deposited into the trust fund:
(1) Funds appropriated by the Legislature from the Integrated
Waste Management Account to the board for solid waste disposal or
codisposal site cleanup.
(2) Any interest earned on the moneys in the trust fund.
(3) Any cost recoveries from responsible parties for solid waste
disposal or codisposal site cleanup and loan repayments pursuant to
this article.
(d) If this article is repealed, the trust fund shall be dissolved
and all moneys in the fund shall be distributed to solid waste
landfill operators who have paid into the trust fund during effective
life of the trust fund.
(e) Any trust fund distributions received by solid waste landfill
operators pursuant to subdivision (c) may be used for only any of the
following activities, as related to solid waste landfills:
(1) Solid waste landfill closure and postclosure maintenance
operations.
(2) Implementation of Part 258 (commencing with Section 258.1) of
Title 40 of the Code of Federal Regulations.
(3) Corrective actions at the solid waste landfill.
(f) The balance in the trust fund each July 1 shall not exceed
thirty million dollars ($30,000,000).
(g) Notwithstanding any other provision of law, the Controller may
use the moneys in the Solid Waste Disposal Site Cleanup Trust Fund
for loans to the General Fund as provided in Sections 16310 and 16381
of the Government Code, however, interest shall be paid on all
moneys loaned to the General Fund from the Solid Waste Disposal Site
Cleanup Trust Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Solid Waste Disposal Site Cleanup Trust Fund
was created.
SEC. 23. Section 11003 of the Revenue and Taxation Code is amended
to read:
11003. (a) The amount appropriated by the Legislature for the use
of the Department of Motor Vehicles and the Franchise Tax Board for
the enforcement of this part shall be determined so that the
appropriate costs for registration and motor vehicle license fee
activities are apportioned between the recipients of revenues in
proportion to the revenues that would have been received by those
recipients if the total fee imposed under this part was 2 percent of
the market value of a vehicle.
(b) (1) Notwithstanding subdivision (a), for the 2008-09 fiscal
year, ninety-two million dollars ($92,000,000) of the amount
calculated for the support of the Department of Motor Vehicles, which
shall not include any revenue resulting from penalties, shall be
deposited into the Local Safety and Protection Account, which is
hereby created in the Transportation Tax Fund. Notwithstanding
Section 13340 of the Government Code, the account is continuously
appropriated to the Controller for allocation as specified by
statute.
(2) Notwithstanding subdivision (a), for the 2009-10 fiscal year
and thereafter, the full amount calculated for the support of the
Department of Motor Vehicles shall be deposited into the Local Safety
and Protection Account, and shall consist of license fee revenue
that does not include revenue resulting from penalties.
(c) The Local Safety and Protection Account shall be allocated
pursuant to Sections 29553 and 30061 of the Government Code and
Sections 18220 and 18221 of the Welfare and Institutions Code.
(d) The Legislature shall appropriate an amount from the Motor
Vehicle Account that is necessary to replace the funding that the
Department of Motor Vehicles would have received pursuant to the
calculations in subdivision (a).
SEC. 24. Section 822 of the Unemployment Insurance Code is amended
to read:
822. (a) There is hereby established in the State Treasury the
"School Employees Fund." The School Employees Fund is the successor
of the "Classified School Employees Fund." Moneys received pursuant
to Section 823, together with any charges, notices, fees, interest,
penalties, assessments, or other revenue, shall be deposited in this
fund. All moneys in the fund are hereby appropriated to the
administrator without regard to fiscal year for carrying out the
purposes of this article, for administrative costs, for making
refunds, and for investment through the Surplus Money Investment
Fund, with any interest or earnings credited to the School Employees
Fund. Funds to be used for administrative costs shall be budgeted and
expended in accordance with existing state law.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the School Employees Fund for loans to the General
Fund as provided in Sections 16310 and 16381 of the Government Code,
however, interest shall be paid on all moneys loaned to the General
Fund from the School Employees Fund. Interest payable shall be
computed at a rate determined by the Pooled Money Investment Board to
be the current earning rate of the fund from which loaned. This
subdivision does not authorize any transfer that will interfere with
the carrying out of the object for which the School Employees Fund
was created.
SEC. 25. Section 1611 of the Unemployment Insurance Code is
amended to read:
1611. Moneys in the Employment Training Fund shall be expended
only for the purposes of Chapter 3.5 (commencing with Section 10200)
of Part 1 of Division 3, and for the costs of administering this
article and Section 976.6, except those moneys may be used for any of
the following:
(a) With the approval of the Legislature, the fund or
contributions to it may be used to pay interest charged on federal
loans to the Unemployment Fund.
(b) Commencing with allocations made to the Employment Training
Panel in the 1992-93 fiscal year, any moneys allocated to the panel
in a fiscal year that are not encumbered by the panel in that fiscal
year, shall revert to the Unemployment Insurance Fund.
(c) It is the intent of the Legislature that the panel shall
closely monitor program performance and expenditures for employment
training programs administered by the panel, and that the panel shall
expeditiously disencumber funds that are not needed for employment
training program completion. Commencing with the 1992-93 fiscal year,
those moneys that are disencumbered during the fiscal year that are
not reencumbered during the same fiscal year shall revert to the
Unemployment Insurance Fund.
(d) Notwithstanding any other provision of law, the Controller may
use the moneys in the Employment Training Fund for loans to the
General Fund as provided in Sections 16310 and 16381 of the
Government Code, however, interest shall be paid on all moneys loaned
to the General Fund from the Employment Training Fund. Interest
payable shall be computed at a rate determined by the Pooled Money
Investment Board to be the current earning rate of the fund from
which loaned. This subdivision does not authorize any transfer that
will interfere with the carrying out of the object for which the
Employment Training Fund was created.
SEC. 26. Section 3001 of the Unemployment Insurance Code is
amended to read:
3001. (a) The Unemployment Compensation Disability Fund is
continued in existence as a special fund in the State Treasury,
separate and apart from all other public money or funds of this
state. The moneys and assets of this fund shall be held in trust by
the State Treasurer and administered under the direction of the
director exclusively, for the purpose of this part.
(b) Notwithstanding any other provision of law, the Controller may
use the moneys in the Unemployment Compensation Disability Fund for
loans to the General Fund as provided in Sections 16310 and 16381 of
the Government Code, however, interest shall be paid on all moneys
loaned to the General Fund from the Unemployment Compensation
Disability Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Unemployment Compensation Disability Fund
was created.
SEC. 27. Section 9250 of the Vehicle Code is amended to read:
9250. (a) A registration fee of thirty-one dollars ($31) shall be
paid to the department for the registration of every vehicle or
trailer coach of a type subject to registration under this code,
except those vehicles that are expressly exempted under this code
from the payment of registration fees. This subdivision shall apply
to all of the following:
(1) The initial or original registration, on or after January 1,
2004, but before April 1, 2009, of any vehicle not previously
registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after January 1, 2004, but before
April 1, 2009, regardless of whether a renewal application was mailed
to the registered owner prior to January 1, 2004.
(3) Any renewal of a registration that expired on or before
December 31, 2003, but for which the fees are not paid until on or
after January 1, 2004, but before April 1, 2009.
(b) A registration fee of forty-three dollars ($43) shall be paid
to the department for the registration of every vehicle or trailer
coach of a type subject to registration under this code, except those
vehicles that are expressly exempted under this code from the
payment of registration fees. This subdivision shall apply to all of
the following:
(1) The initial or original registration, on or after April 1,
2009, of any vehicle not previously registered in this state.
(2) The renewal of registration of any vehicle for which the
registration period expires on or after April 1, 2009, regardless of
whether a renewal application was mailed to the registered owner
prior to April 1, 2009.
(3) Any renewal of a registration that expired on or before March
31, 2009, but for which the fees are not paid until on or after April
1, 2009.
(c) The registration fee imposed under this section applies to all
vehicles described in Section 5004, whether or not special
identification plates are issued to that vehicle.
(d) Trailer coaches are subject to the fee provided in subdivision
(a) for each unit of the trailer coach.
SEC. 28. Section 5778.3 is added to the Welfare and Institutions
Code, to read:
5778.3. Notwithstanding any other provision of law, including
subdivision (b) of Section 16310 of the Government Code, the
Controller may use the moneys in the Mental Health Managed Care
Deposit Fund for loans to the General Fund as provided in Sections
16310 and 16381 of the Government Code. Interest shall be paid on all
moneys loaned to the General Fund from the Mental Health Managed
Care Deposit Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Mental Health Managed Care Deposit Fund was
created.
SEC. 29. Section 14163 of the Welfare and Institutions Code is
amended to read:
14163. (a) For purposes of this section, the following
definitions shall apply:
(1) "Public entity" means a county, a city, a city and county, the
State of California, the University of California, a local health
care district, a local health authority, or any other political
subdivision of the state.
(2) "Hospital" means a health facility that is licensed pursuant
to Chapter 2 (commencing with Section 1250) of Division 2 of the
Health and Safety Code to provide acute inpatient hospital services,
and includes all components of the facility.
(3) "Disproportionate share hospital" means a hospital providing
acute inpatient services to Medi-Cal beneficiaries that meets the
criteria for disproportionate share status relating to acute
inpatient services set forth in Section 14105.98.
(4) "Disproportionate share list" means the annual list of
disproportionate share hospitals for acute inpatient services issued
by the department pursuant to Section 14105.98.
(5) "Fund" means the Medi-Cal Inpatient Payment Adjustment Fund.
(6) "Eligible hospital" means, for a particular state fiscal year,
a hospital on the disproportionate share list that is eligible to
receive payment adjustment amounts under Section 14105.98 with
respect to that state fiscal year.
(7) "Transfer year" means the particular state fiscal year during
which, or with respect to which, public entities are required by this
section to make an intergovernmental transfer of funds to the
Controller.
(8) "Transferor entity" means a public entity that, with respect
to a particular transfer year, is required by this section to make an
intergovernmental transfer of funds to the Controller.
(9) "Transfer amount" means an amount of intergovernmental
transfer of funds that this section requires for a particular
transferor entity with respect to a particular transfer year.
(10) "Intergovernmental transfer" means a transfer of funds from a
public entity to the state, that is local government financial
participation in Medi-Cal pursuant to the terms of this section.
(11) "Licensee" means an entity that has been issued a license to
operate a hospital by the department.
(12) "Annualized Medi-Cal inpatient paid days" means the total
number of Medi-Cal acute inpatient hospital days, regardless of dates
of service, for which payment was made by or on behalf of the
department to a hospital, under present or previous ownership, during
the most recent calendar year ending prior to the beginning of a
particular transfer year, including all Medi-Cal acute inpatient
covered days of care for hospitals that are paid on a different basis
than per diem payments.
(13) "Medi-Cal acute inpatient hospital day" means any acute
inpatient day of service attributable to patients who, for those
days, were eligible for medical assistance under the California state
plan, including any day of service that is reimbursed on a basis
other than per diem payments.
(14) "OBRA 1993 payment limitation" means the hospital-specific
limitation on the total annual amount of payment adjustments to each
eligible hospital under the payment adjustment program that can be
made with federal financial participation under Section 1396r-4(g) of
Title 42 of the United States Code as implemented pursuant to the
Medi-Cal State Plan.
(b) The Medi-Cal Inpatient Payment Adjustment Fund is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, the fund shall be continuously appropriated to, and
under the administrative control of, the department for the purposes
specified in subdivision (d). The fund shall consist of the
following:
(1) Transfer amounts collected by the Controller under this
section, whether submitted by transferor entities pursuant to
applicable provisions of this section or obtained by offset pursuant
to subdivision (j).
(2) Any other intergovernmental transfers deposited in the fund,
as permitted by Section 14164.
(3) Any interest that accrues with respect to amounts in the fund.
(c) Moneys in the fund, which shall not consist of any state
general funds, shall be used as the source for the nonfederal share
of payments to hospitals pursuant to Section 14105.98. Moneys shall
be allocated from the fund by the department and matched by federal
funds in accordance with customary Medi-Cal accounting procedures,
and used to make payments pursuant to Section 14105.98.
(d) Except as otherwise provided in Section 14105.98 or in any
provision of law appropriating a specified sum of money to the
department for administering this section and Section 14105.98,
moneys in the fund shall be used only for the following:
(1) Payments to hospitals pursuant to Section 14105.98.
(2) Transfers to the Health Care Deposit Fund as follows:
(A) In the amount of two hundred thirty-nine million seven hundred
fifty-seven thousand six hundred ninety dollars ($239,757,690) for
the 1994-95 and 1995-96 fiscal years.
(B) In the amount of two hundred twenty-nine million seven hundred
fifty-seven thousand six hundred ninety dollars ($229,757,690) for
the 1996-97 fiscal year.
(C) In the amount of one hundred fifty-four million seven hundred
fifty-seven thousand six hundred ninety dollars ($154,757,690) for
the 1997-98 fiscal year.
(D) In the amount of one hundred fourteen million seven hundred
fifty-seven thousand six hundred ninety dollars ($114,757,690) for
the 1998-99 fiscal year.
(E) (i) In the amount of eighty-four million seven hundred
fifty-seven thousand six hundred ninety dollars ($84,757,690) for the
1999-2000 fiscal year.
(ii) It is the intent of the Legislature that the economic benefit
of any reduction in the amount transferred, or to be transferred, to
the Health Care Deposit Fund pursuant to this subdivision for the
1999-2000 fiscal year, as compared to the amount so transferred for
the 1998-99 fiscal year, be allocated equally between public and
nonpublic disproportionate share hospitals. To implement the
reduction in clause (i) the department shall, by June 30, 2000,
adjust the calculations in Section 14105.98 in order to allocate the
funds in accordance with this clause.
(F) In the amount of twenty-nine million seven hundred fifty-seven
thousand six hundred ninety dollars ($29,757,690) for the 2000-01
fiscal year and the 2001-02 fiscal year.
(G) In the amount of eighty-five million dollars ($85,000,000) for
the 2002-03 fiscal year and each fiscal year thereafter.
(H) The transfers from the fund shall be made in six equal monthly
installments to the Medi-Cal local assistance appropriation item
(Item 4260-101-0001 of the annual Budget Act) in support of Medi-Cal
expenditures. The first installment shall accrue in October of each
transfer year, and all other installments shall accrue monthly
thereafter from November through March.
(e) For the 1991-92 state fiscal year, the department shall
determine, no later than 70 days after the enactment of this section,
the transferor entities for the 1991-92 transfer year. To make this
determination, the department shall utilize the disproportionate
share list for the 1991-92 fiscal year issued by the department
pursuant to paragraph (1) of subdivision (f) of Section 14105.98. The
department shall identify each eligible hospital on the list for
which a public entity is the licensee as of July 1, 1991. The public
entity that is the licensee of each identified eligible hospital
shall be a transferor entity for the 1991-92 transfer year.
(f) The department shall determine, no later than 70 days after
the enactment of this section, the transfer amounts for the 1991-92
transfer year.
The transfer amounts shall be determined as follows:
(1) The eligible hospitals for 1991-92 shall be identified. For
each hospital, the applicable total per diem payment adjustment
amount under Section 14105.98 for the 1991-92 transfer year shall be
computed. This amount shall be multiplied by 80 percent of the
eligible hospital's annualized Medi-Cal inpatient paid days as
determined from all Medi-Cal paid claims records available through
April 1, 1991. The products of these calculations for all eligible
hospitals shall be added together to determine an aggregate sum for
the 1991-92 transfer year.
(2) The eligible hospitals for 1991-92 involving transferor
entities as licensees shall be identified. For each hospital, the
applicable total per diem payment adjustment amount under Section
14105.98 for the 1991-92 transfer year shall be computed. This amount
shall be multiplied by 80 percent of the eligible hospital's
annualized Medi-Cal inpatient paid days as determined from all
Medi-Cal paid claims records available through April 1, 1991. The
products of these calculations for all eligible hospitals with
transferor entities as licensees shall be added together to determine
an aggregate sum for the 1991-92 transfer year.
(3) The aggregate sum determined under paragraph (1) shall be
divided by the aggregate sum determined under paragraph (2), yielding
a factor to be utilized in paragraph (4).
(4) The factor determined in paragraph (3) shall be multiplied by
the amount determined for each hospital under paragraph (2). The
product of this calculation for each hospital in paragraph (2) shall
be divided by 1.771, yielding a transfer amount for the particular
transferor entity for the transfer year.
(g) For the 1991-92 transfer year, the department shall notify
each transferor entity in writing of its applicable transfer amount
or amounts.
(h) For the 1992-93 transfer year and subsequent transfer years,
transfer amounts shall be determined in the same procedural manner as
set forth in subdivision (f), except:
(1) The department shall use all of the following:
(A) The disproportionate share list applicable to the particular
transfer year to determine the eligible hospitals.
(B) The payment adjustment amounts calculated under Section
14105.98 for the particular transfer year. These amounts shall take
into account any projected or actual increases or decreases in the
size of the payment adjustment program as are required under Section
14105.98 for the particular year in question, including any decreases
resulting from the application of the OBRA 1993 payment limitation.
The department may issue interim, revised, and supplemental transfer
requests as necessary and appropriate to address changes in payment
adjustment levels that occur under Section 14105.98. All transfer
requests, or adjustments thereto, issued to transferor entities by
the department shall meet the requirements set forth in subdivision
(i).
(C) Data regarding annualized Medi-Cal inpatient paid days for the
most recent calendar year ending prior to the beginning of the
particular transfer year, as determined from all Medi-Cal paid claims
records available through April 1 preceding the particular transfer
year.
(D) The status of public entities as licensees of eligible
hospitals as of July 1 of the particular transfer year.
(E) For the 1993-94 transfer year and subsequent transfer years,
the divisor to be used for purposes of the calculation referred to in
paragraph (4) of subdivision (f) shall be determined by the
department. The divisor shall be calculated to ensure that the
appropriate amount of transfers from transferor entities are received
into the fund to satisfy the requirements of Section 14105.98,
exclusive of the amounts described in paragraph (2) of this
subdivision, and to satisfy the requirements of paragraph (2) of
subdivision (d), for the particular transfer year. For the 1993-94
transfer year, the divisor shall be 1.742.
(F) The following provisions shall apply for certain transfer
amounts relating to nonsupplemental payments under Section 14105.98:
(i) For the 1998-99 transfer year, transfer amounts shall be
determined as though the payment adjustment amounts arising pursuant
to subdivision (ag) of Section 14105.98 were increased by the amounts
paid or payable pursuant to subdivision (af) of Section 14105.98.
(ii) Any transfer amounts paid by a transferor entity pursuant to
subparagraph (C) of paragraph (2) shall serve as credit for the
particular transferor entity against an equal amount of its transfer
obligation for the 1998-99 transfer year.
(iii) For the 1999-2000 transfer year, transfer amounts shall be
determined as though the amount to be transferred to the Health Care
Deposit Fund, as referred to in paragraph (2) of subdivision (d),
were reduced by 28 percent.
(2) (A) Except as provided in subparagraphs (B), (C), and (D), for
the 1993-94 transfer year and subsequent transfer years, transfer
amounts shall be
increased for the particular transfer year in the amounts necessary
to fund the nonfederal share of the total supplemental payment
adjustment amounts of all types that arise under Section 14105.98.
These increases shall be paid only by those transferor entities that
are licensees of hospitals that are projected to receive some or all
of the particular supplemental payments, and the increases shall be
paid by the transferor entities on a pro rata basis in connection
with the particular supplemental payments. For purposes of this
paragraph, supplemental payment adjustment amounts shall be deemed to
arise for the particular transfer year as of the date specified in
Section 14105.98. Transfer amounts to fund the nonfederal share of
the payments shall be paid for the particular transfer year within 20
days after the department notifies the transferor entity in writing
of the additional transfer amount to be paid.
(B) For the 1995-96 transfer year, the nonfederal share of the
secondary supplemental payment adjustments described in paragraph (9)
of subdivision (y) of Section 14105.96 shall be funded as follows:
(i) Ninety-nine percent of the nonfederal share shall be funded by
a transfer from the University of California.
(ii) One percent of the nonfederal share shall be funded by
transfers from those public entities that are the licensees of the
hospitals included in the "other public hospitals" group referred to
in clauses (ii) and (iii) of subparagraph (B) of paragraph (9) of
subdivision (y) of Section 14105.98. The transfer responsibilities
for this 1 percent shall be allocated to the particular public
entities on a pro rata basis, based on a formula or formulae
customarily used by the department for allocating transfer amounts
under this section. The formula or formulae shall take into account,
through reallocation of transfer amounts as appropriate, the
situation of hospitals whose secondary supplemental payment
adjustments are restricted due to the application of the limitation
set forth in clause (v) of subparagraph (B) of paragraph (9) of
subdivision (y) of Section 14105.98.
(iii) All transfer amounts under this subparagraph shall be paid
by the particular transferor entities within 30 days after the
department notifies the transferor entity in writing of the transfer
amount to be paid.
(C) For the 1997-98 transfer year, transfer amounts to fund the
nonfederal share of the supplemental payment adjustments described in
subdivision (af) of Section 14105.98 shall be funded by a transfer
from the County of Los Angeles.
(D) (i) For the 1998-99 transfer year, transfer amounts to fund
the nonfederal share of the supplemental payment adjustment amounts
arising under subdivision (ah) of Section 14105.98 shall be increased
as set forth in clause (ii).
(ii) The transfer amounts otherwise calculated to fund the
supplemental payment adjustments referred to in clause (i) shall be
increased on a pro rata basis by an amount equal to 28 percent of the
amount to be transferred to the Health Care Deposit Fund for the
1999-2000 fiscal year, as referred to in paragraph (2) of subdivision
(d).
(3) The department shall prepare preliminary analyses and
calculations regarding potential transfer amounts, and potential
transferor entities shall be notified by the department of estimated
transfer amounts as soon as reasonably feasible regarding any
particular transfer year. Written notices of transfer amounts shall
be issued by the department as soon as possible with respect to each
transfer year. All state agencies shall take all necessary steps in
order to supply applicable data to the department to accomplish these
tasks. The Office of Statewide Health Planning and Development shall
provide to the department quarterly access to the edited and
unedited confidential patient discharge data files for all Medi-Cal
eligible patients. The department shall maintain the confidentiality
of that data to the same extent as is required of the Office of
Statewide Health Planning and Development. In addition, the Office of
Statewide Health Planning and Development shall provide to the
department, not later than March 1 of each year, the data specified
by the department, as the data existed on the statewide database file
as of February 1 of each year, from all of the following:
(A) Hospital annual disclosure reports, filed with the Office of
Statewide Health Planning and Development pursuant to former Section
443.31 of or Section 128735 of the Health and Safety Code, for
hospital fiscal years that ended during the calendar year ending 13
months prior to the applicable February 1.
(B) Annual reports of hospitals, filed with the Office of
Statewide Health Planning and Development pursuant to former Section
439.2 of or Section 127285 of the Health and Safety Code, for the
calendar year ending 13 months prior to the applicable February 1.
(C) Hospital patient discharge data reports, filed with the Office
of Statewide Health Planning and Development pursuant to former
subdivision (g) of Section 443.31 of or Section 128735 of the Health
and Safety Code, for the calendar year ending 13 months prior to the
applicable February 1.
(D) Any other materials on file with the Office of Statewide
Health Planning and Development.
(4) Transfer amounts calculated by the department may be increased
or decreased by a percentage amount consistent with the Medi-Cal
state plan.
(5) For the 1993-94 fiscal year, the transfer amount that would
otherwise be required from the University of California shall be
increased by fifteen million dollars ($15,000,000).
(6) Notwithstanding any other provision of law, except for
subparagraph (D) of paragraph (2), the total amount of transfers
required from the transferor entities for any particular transfer
year shall not exceed the sum of the following:
(A) The amount needed to fund the nonfederal share of all payment
adjustment amounts applicable to the particular payment adjustment
year as calculated under Section 14105.98. Included in the
calculations for this purpose shall be any decreases in the program
as a whole, and for individual hospitals, that arise due to the
provisions of Section 1396r-4(f) or (g) of Title 42 of the United
States Code.
(B) The amount needed to fund the transfers to the Health Care
Deposit Fund, as referred to in subdivision (d).
(7) (A) Except as provided in subparagraphs (B) and (C) and in
paragraph (2) of subdivision (j), and except for a prudent reserve
not to exceed two million dollars ($2,000,000) in the Medi-Cal
Inpatient Payment Adjustment Fund, any amounts in the fund, including
interest that accrues with respect to the amounts in the fund, that
are not expended, or estimated to be required for expenditure, under
Section 14105.98 with respect to a particular transfer year shall be
returned on a pro rata basis to the transferor entities for the
particular transfer year within 120 days after the department
determines that the funds are not needed for an expenditure in
connection with the particular transfer year.
(B) The department shall determine the interest amounts that have
accrued in the fund from its inception through June 30, 1995, and, no
later than January 1, 1996, shall distribute these interest amounts
to transferor entities:
(C) With respect to those particular amounts in the fund resulting
solely from the provisions of subparagraph (D) of paragraph (2), the
department shall determine by September 30, 1999, whether these
particular amounts exceed 28 percent of the amount to be transferred
to the Health Care Deposit Fund for the 1999-2000 fiscal year, as
referred to in paragraph (2) of subdivision (d). Any excess amount so
determined shall be returned to the particular transferor entities
on a pro rata basis no later than October 31, 1999.
(D) Regarding any funds returned to a transferor entity under
subparagraph (A) or (C), or interest amounts distributed to a
transferor entity under subparagraph (B), the department shall
provide to the transferor entity a written statement that explains
the basis for the particular return or distribution of funds and
contains the general calculations used by the department in
determining the amount of the particular return or distribution of
funds.
(i) (1) For the 1991-92 transfer year, each transferor entity
shall pay its transfer amount or amounts to the Controller, for
deposit in the fund, in eight equal installments.
(2) (A) Except as provided in subparagraphs (B) and (C), for the
1992-93 transfer year and subsequent transfer years, each transferor
entity shall pay its transfer amount or amounts to the Controller,
for deposit in the fund, in eight equal installments. However, for
the 1997-98 and subsequent transfer years, each transferor entity
shall pay its transfer amount or amounts to the Controller, for
deposit in the fund, in the form of periodic installments according
to a timetable established by the department. The timetable shall be
structured to effectuate, on a reasonable basis, the prompt
distribution of all nonsupplemental payment adjustments under Section
14105.98, and transfers to the Health Care Deposit Fund under
subdivision (d).
(B) For the 1994-95 transfer year, each transferor entity shall
pay its transfer amount or amounts to the Controller, for deposit in
the fund, in five equal installments.
(C) For the 1995-96 transfer year, each transferor entity shall
pay its transfer amount or amounts to the Controller, for deposit in
the fund, in five equal installments.
(D) Except as otherwise specifically provided, subparagraphs (A)
to (C), inclusive, shall not apply to increases in transfer amounts
described in paragraph (2) of subdivision (h) or to additional
transfer amounts described in subdivision (o).
(E) All requests for transfer payments, or adjustments thereto,
issued by the department shall be in writing and shall include (i) an
explanation of the basis for the particular transfer request or
transfer activity, (ii) a summary description of program funding
status for the particular transfer year, and (iii) the general
calculations used by the department in connection with the particular
transfer request or transfer activity.
(3) A transferor entity may use any of the following funds for
purposes of meeting its transfer obligations under this section:
(A) General funds of the transferor entity.
(B) Any other funds permitted by law to be used for these
purposes, except that a transferor entity shall not submit to the
Controller any federal funds unless those federal funds are
authorized by federal law to be used to match other federal funds. In
addition, no private donated funds from any health care provider, or
from any person or organization affiliated with the health care
provider, shall be channeled through a transferor entity or any other
public entity to the fund, unless the donated funds will qualify
under federal rules as a valid component of the nonfederal share of
the Medi-Cal program and will be matched by federal funds. The
transferor entity shall be responsible for determining that funds
transferred meet the requirements of this subparagraph.
(j) (1) If a transferor entity does not submit any transfer amount
within the time period specified in this section, the Controller
shall offset immediately the amount owed against any funds which
otherwise would be payable by the state to the transferor entity. The
Controller, however, shall not impose an offset against any
particular funds payable to the transferor entity where the offset
would violate state or federal law.
(2) Where a withhold or a recoupment occurs pursuant to the
provisions of paragraph (2) of subdivision (r) of Section 14105.98,
the nonfederal portion of the amount in question shall remain in the
fund, or shall be redeposited in the fund by the department, as
applicable. The department shall then proceed as follows:
(A) If the withhold or recoupment was imposed with respect to a
hospital whose licensee was a transferor entity for the particular
state fiscal year to which the withhold or recoupment related, the
nonfederal portion of the amount withheld or recouped shall serve as
a credit for the particular transferor entity against an equal amount
of transfer obligations under this section, to be applied whenever
the transfer obligations next arise. Should no such transfer
obligation arise within 180 days, the department shall return the
funds in question to the particular transferor entity within 30 days
thereafter.
(B) For other situations, the withheld or recouped nonfederal
portion shall be subject to paragraph (7) of subdivision (h).
(k) All transfer amounts received by the Controller or amounts
offset by the Controller shall immediately be deposited in the fund.
() For purposes of this section, the disproportionate share list
utilized by the department for a particular transfer year shall be
identical to the disproportionate share list utilized by the
department for the same state fiscal year for purposes of Section
14105.98. Nothing on a disproportionate share list, once issued by
the department, shall be modified for any reason other than
mathematical or typographical errors or omissions on the part of the
department or the Office of Statewide Health Planning and Development
in preparation of the list.
(m) Neither the intergovernmental transfers required by this
section, nor any elective transfer made pursuant to Section 14164,
shall create, lead to, or expand the health care funding or service
obligations for current or future years for any transferor entity,
except as required of the state by this section or as may be required
by federal law, in which case the state shall be held harmless by
the transferor entities on a pro rata basis.
(n) Except as otherwise permitted by state and federal law, no
transfer amount submitted to the Controller under this section, and
no offset by the Controller pursuant to subdivision (j), shall be
claimed or recognized as an allowable element of cost in Medi-Cal
cost reports submitted to the department.
(o) Whenever additional transfer amounts are required to fund the
nonfederal share of payment adjustment amounts under Section 14105.98
that are distributed after the close of the particular payment
adjustment year to which the payment adjustment amounts apply, the
additional transfer amounts shall be paid by the parties who were the
transferor entities for the particular transfer year that was
concurrent with the particular payment adjustment year. The
additional transfer amounts shall be calculated under the formula
that was in effect during the particular transfer year. For transfer
years prior to the 1993-94 transfer year, the percentage of the
additional transfer amounts available for transfer to the Health Care
Deposit Fund under subdivision (d) shall be the percentage that was
in effect during the particular transfer year. These additional
transfer amounts shall be paid by transferor entities within 20 days
after the department notifies the transferor entity in writing of the
additional transfer amount to be paid.
(p) (1) Ten million dollars ($10,000,000) of the amount
transferred from the Medi-Cal Inpatient Payment Adjustment Fund to
the Health Care Deposit Fund due to amounts transferred attributable
to years prior to the 1993-94 fiscal year is hereby appropriated
without regard to fiscal years to the State Department of Health
Services to be used to support the development of managed care
programs under the department's plan to expand Medi-Cal managed care.
(2) These funds shall be used by the department for both of the
following purposes: (A) distributions to counties or other local
entities that contract with the department to receive those funds to
offset a portion of the costs of forming the local initiative entity,
and (B) distributions to local initiative entities that contract
with the department to receive those funds to offset a portion of the
costs of developing the local initiative health delivery system in
accordance with the department's plan to expand Medi-Cal managed
care.
(3) Entities contracting with the department for any portion of
the ten million dollars ($10,000,000) shall meet the objectives of
the department's plan to expand Medi-Cal managed care with regard to
traditional and safety net providers.
(4) Entities contracting with the department for any portion of
the ten million dollars ($10,000,000) may be authorized under those
contracts to utilize their funds to provide for reimbursement of the
costs of local organizations and entities incurred in participating
in the development and operation of a local initiative.
(5) To the full extent permitted by state and federal law, these
funds shall be distributed by the department for expenditure at the
local level in a manner that qualifies for federal financial
participation under the medicaid program.
(q) (1) Any local initiative entity that has performed
unanticipated additional work for the purposes identified in
subparagraph (B) of paragraph (2) of subdivision (p) resulting in
additional costs attributable to the development of its local
initiative health delivery system, may file a claim for reimbursement
with the department for the additional costs incurred due to delays
in start dates through the 1996-97 fiscal year. The claim shall be
filed by the local initiative entity not later than 90 days after the
effective date of the act adding this subdivision, and shall not
seek extra compensation for any sum that is or could have been
asserted pursuant to the contract disputes and appeals resolution
provisions of the local initiative entity's respective two-plan model
contract. All claims for unanticipated additional incurred costs
shall be submitted with adequate supporting documentation including,
but not limited to, all of the following:
(A) Invoices, receipts, job descriptions, payroll records, work
plans, and other materials that identify the unanticipated additional
claimed and incurred costs.
(B) Documents reflecting mitigation of costs.
(C) To the extent lost profits are included in the claim,
documentation identifying those profits and the manner of
calculation.
(D) Documents reflecting the anticipated start date, the actual
start date, and reasons for the delay between the dates, if any.
(2) In determining any amount to be paid, the department shall do
all of the following:
(A) Conduct a fiscal analysis of the local initiative entity's
claimed costs.
(B) Determine the appropriate amount of payment, after taking into
consideration the supporting documentation and the results of any
audit.
(C) Provide funding for any such payment, as approved by the
Department of Finance through the deficiency process.
(D) Complete the determination required in subparagraph (B) within
six months after receipt of a local initiative entity's completed
claim and supporting documentation. Prior to final determination,
there shall be a review and comment period for that local initiative
entity.
(E) Make reasonable efforts to obtain federal financial
participation. In the event federal financial participation is not
allowed for this payment, the state's payment shall be 50 percent of
the total amount determined to be payable.
(r) Notwithstanding any other provision of law, the Controller may
use the moneys in the Medi-Cal Inpatient Payment Adjustment Fund for
loans to the General Fund as provided in Sections 16310 and 16381 of
the Government Code, however, interest shall be paid on all moneys
loaned to the General Fund from the Medi-Cal Inpatient Payment
Adjustment Fund. Interest payable shall be computed at a rate
determined by the Pooled Money Investment Board to be the current
earning rate of the fund from which loaned. This subdivision does not
authorize any transfer that will interfere with the carrying out of
the object for which the Medi-Cal Inpatient Payment Adjustment Fund
was created.
SEC. 30. Section 16809 of the Welfare and Institutions Code is
amended to read:
16809. (a) (1) The board of supervisors of a county that
contracted with the department pursuant to former Section 16709
during the 1990-91 fiscal year and any county with a population under
300,000, as determined in accordance with the 1990 decennial census,
by adopting a resolution to that effect, may elect to participate in
the County Medical Services Program. The governing board shall have
responsibilities for specified health services to county residents
certified eligible for those services by the county.
(2) The board of supervisors of a county that has contracted with
the governing board pursuant to paragraph (1) may also contract with
the governing board for the delivery of health care and
health-related services to county residents other than under the
County Medical Services Program by adopting a resolution to that
effect. The governing board shall have responsibilities for the
delivery of specified health services to county residents as agreed
upon by the governing board and the county. Participation by a county
pursuant to this paragraph shall be voluntary, and funds shall be
provided solely by the county.
(b) The governing board may contract with the department or any
other person or entity to administer the County Medical Services
Program.
(1) If the governing board contracts with the department to
administer the County Medical Services Program, that contract shall
include, but need not be limited to, all of the following:
(A) Provisions for the payment to participating counties for
making eligibility determinations as determined by the governing
board.
(B) Provisions for payment of expenses of the governing board.
(C) Provisions relating to the flow of funds from counties'
vehicle license fees, sales taxes, and participation fees and the
procedures to be followed if a county does not pay those funds to the
program.
(D) Those provisions, as applicable, contained in the 1993-94
fiscal year contract with counties under the County Medical Services
Program.
(E) Provisions for the department to administer the County Medical
Services Program pursuant to regulations adopted by the governing
board or as otherwise determined by the governing board.
(F) Provisions requiring that the governing board reimburse the
state costs of providing administrative support to the County Medical
Services Program in accordance with amounts determined between the
governing board and the department.
(2) If the governing board does not contract with the department
for administration of the County Medical Services Program, the
governing board may contract with the department for specified
services to assist in the administration of that program. Any
contract with the department under this paragraph shall require that
the governing board reimburse the state costs of providing
administrative support.
(3) The department shall not be liable for any costs related to
decisions of the governing board that are in excess of those set
forth in the contract between the department and the governing board.
(c) Each county intending to participate in the County Medical
Services Program pursuant to this section shall submit to the
governing board a notice of intent to contract adopted by the board
of supervisors no later than April 1 of the fiscal year preceding the
fiscal year in which the county will participate in the County
Medical Services Program.
(d) A county participating in the County Medical Services Program
pursuant to this section, or a county contracting with the governing
board pursuant to paragraph (2) or (3) of subdivision (a), or
participating in a pilot project or contracting with the governing
board for an alternative product pursuant to Section 16809.4, shall
not be relieved of its indigent health care obligation under Section
17000.
(e) (1) The County Medical Services Program Account is established
in the County Health Services Fund. The County Medical Services
Program Account is continuously appropriated, notwithstanding Section
13340 of the Government Code, without regard to fiscal years. The
following amounts may be deposited in the account:
(A) Any interest earned upon moneys deposited in the account.
(B) Moneys provided by participating counties or appropriated by
the Legislature to the account.
(C) Moneys loaned pursuant to subdivision (n).
(2) The methods and procedures used to deposit funds into the
account shall be consistent with the methods used by the program
during the 1993-94 fiscal year, unless otherwise determined by the
governing board.
(f) Moneys in the program account shall be used by the governing
board, or by the department if the department contracts with the
governing board for this purpose, to pay for health care services
provided to the persons meeting the eligibility criteria established
pursuant to subdivision (j) and to pay the governing board expenses
and program administrative costs. In addition, moneys in this account
may be used to reimburse the department for state costs pursuant to
subparagraph (F) of paragraph (1) of subdivision (b).
(g) (1) Moneys in this account shall be administered on an accrual
basis and notwithstanding any other provision of law, except as
provided in this section and Section 17605.051, shall not be
transferred to any other fund or account in the State Treasury except
for purposes of investment as provided in Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of
the Government Code.
(2) (A) All interest or other increment resulting from the
investment shall be deposited in the program account, notwithstanding
Section 16305.7 of the Government Code.
(B) All interest deposited pursuant to subparagraph (A) shall be
available to reimburse program-covered services, governing board
expenses, and program administrative costs.
(h) The governing board shall establish a reserve account for the
purpose of depositing funds for the payment of claims and unexpected
contingencies. Funds in the reserve account in excess of the amounts
the governing board determines necessary for these purposes shall be
available for expenditures in years when program expenditures exceed
program funds, and to augment the rates, benefits, or eligibility
criteria under the program.
(i) (1) Counties shall pay participation fees as established by
the governing board and their jurisdictional risk amount in a method
that is consistent with that established in the 1993-94 fiscal year.
(2) A county may request, due to financial hardship, the payments
under paragraph (1) be delayed. The request shall be subject to
approval by the governing board.
(3)
Payments made pursuant to this subdivision shall be deposited in the
program account, unless otherwise directed by the governing board.
(4) Payments may be made as part of the deposits authorized by the
county pursuant to Sections 17603.05 and 17604.05.
(j) (1) (A) Beginning in the 1992-93 fiscal year and for each
fiscal year thereafter, counties and the state shall share the risk
for cost increases of the County Medical Services Program not funded
through other sources. The state shall be at risk for any cost that
exceeds the cumulative annual growth in dedicated sales tax and
vehicle license fee revenue, up to the amount of twenty million two
hundred thirty-seven thousand four hundred sixty dollars
($20,237,460) per fiscal year, except for the 1999-2000, 2000-01,
2001-02, 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, and 2007-08
fiscal years, and all fiscal years thereafter. Counties shall be at
risk up to the cumulative annual growth in the Local Revenue Fund
created by Section 17600, according to the table specified in
paragraph (2), to the County Medical Services Program, plus the
additional cost increases in excess of twenty million two hundred
thirty-seven thousand four hundred sixty dollars ($20,237,460) per
fiscal year, except for the 1999-2000, 2000-01, 2001-02, 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years, and all
fiscal years thereafter.
(B) For the 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04,
2004-05, 2005-06, 2006-07, and 2007-08 fiscal years, and all fiscal
years thereafter, the state shall not be at risk for any cost that
exceeds the cumulative annual growth in dedicated sales tax and
vehicle license fee revenue. Counties shall be at risk up to the
cumulative annual growth in the Local Revenue Fund created by Section
17600, according to the table specified in paragraph (2), to the
County Medical Services Program, plus any additional cost increases
for the 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04, 2004-05,
2005-06, 2006-07, and 2007-08 fiscal years, and all fiscal years
thereafter.
(C) (i) The governing board shall establish uniform eligibility
criteria and benefits among all counties participating in the County
Medical Services Program listed in paragraph (2). For counties that
are not listed in paragraph (2) and that elect to participate
pursuant to paragraph (1) of subdivision (a), the eligibility
criteria and benefit structure may vary from those of counties
participating pursuant to paragraph (2) of subdivision (a).
(ii) Notwithstanding clause (i), the governing board may establish
and maintain pilot projects to identify or test alternative
approaches for determining eligibility or for providing or paying for
benefits under the County Medical Services Program, and may develop
and implement alternative products with varying levels of eligibility
criteria and benefits outside of the County Medical Services
Program.
(2) For the 1991-92 fiscal year, and each year thereafter,
jurisdictional risk limitations shall be as follows:
Jurisdiction Amount
Alpine.......................... $ 13,150
Amador.......................... 620,264
Butte........................... 5,950,593
Calaveras....................... 913,959
Colusa.......................... 799,988
Del Norte....................... 781,358
El Dorado....................... 3,535,288
Glenn........................... 787,933
Humboldt........................ 6,883,182
Imperial........................ 6,394,422
Inyo............................ 1,100,257
Kings........................... 2,832,833
Lake............................ 1,022,963
Lassen.......................... 687,113
Madera.......................... 2,882,147
Marin........................... 7,725,909
Mariposa........................ 435,062
Mendocino....................... 1,654,999
Modoc........................... 469,034
Mono............................ 369,309
Napa............................ 3,062,967
Nevada.......................... 1,860,793
Plumas.......................... 905,192
San Benito...................... 1,086,011
Shasta.......................... 5,361,013
Sierra.......................... 135,888
Siskiyou........................ 1,372,034
Solano.......................... 6,871,127
Sonoma.......................... 13,183,359
Sutter.......................... 2,996,118
Tehama.......................... 1,912,299
Trinity......................... 611,497
Tuolumne........................ 1,455,320
Yuba............................ 2,395,580
(3) Beginning in the 1991-92 fiscal year and in subsequent fiscal
years, the jurisdictional risk limitation for the counties that did
not contract with the department pursuant to former Section 16709
during the 1990-91 fiscal year shall be the amount specified in
subparagraph (A) plus the amount determined pursuant to subparagraph
(B), minus the amount specified by the governing board as
participation fees.
(A)
Jurisdiction Amount
Merced........................... 2,033,729
Placer........................... 1,338,330
San Luis Obispo.................. 2,000,491
Santa Cruz....................... 3,037,783
Yolo............................. 1,475,620
(B) The amount of funds necessary to fully fund the anticipated
costs for the county shall be determined by the governing board
before a county is permitted to participate in the County Medical
Services Program.
(4) The specific amounts and method of apportioning risk to each
participating county may be adjusted by the governing board.
(k) The Legislature hereby determines that an expedited contract
process for contracts under this section is necessary. Contracts
under this section shall be exempt from Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code. Contracts
of the department pursuant to this section shall have no force or
effect unless they are approved by the Department of Finance.
(l) The state shall not incur any liability except as specified in
this section.
(m) Third-party recoveries for services provided under this
section may be pursued.
(n) The Department of Finance may authorize a loan of up to thirty
million dollars ($30,000,000) for deposit into the program account
to ensure that there are sufficient funds available to reimburse
providers and counties pursuant to this section.
(o) Moneys appropriated from the General Fund to meet the state
risk, as set forth in subparagraph (A) of paragraph (1) of
subdivision (j), shall not be available for those counties electing
to disenroll from the County Medical Services Program.
(p) Notwithstanding any other provision of law, the Controller may
use the moneys in the County Medical Services Program Account for
loans to the General Fund as provided in Sections 16310 and 16381 of
the Government Code, however, interest shall be paid on all moneys
loaned to the General Fund from the County Medical Services Program
Account. Interest payable shall be computed at a rate determined by
the Pooled Money Investment Board to be the current earning rate of
the fund from which loaned. This subdivision does not authorize any
transfer that will interfere with the carrying out of the object for
which the County Medical Services Program Account was created.
SEC. 31. Section 18220 of the Welfare and Institutions Code is
repealed.
SEC. 32. Section 18220 is added to the Welfare and Institutions
Code, to read:
18220. (a) Of the amount deposited in the Local Safety and
Protection Account, the Controller shall allocate 41.48 percent in
the 2008-09 fiscal year and 37.84 percent in the 2009-10 fiscal year,
and each fiscal year thereafter, for purposes of Section 18221.
(b) Commencing January 1, 2009, the Controller shall allocate
funds in equal quarterly installments, to be paid in September,
December, March, and June of each year, to local jurisdictions to
support juvenile probation activities based on the percentages as
follows:
Alameda.............. 3.9522%
Alpine............... 0.0004%
Amador............... 0.0597%
Butte................ 0.3193%
Calaveras............ 0.0611%
Colusa............... 0.0341%
Contra Costa......... 2.6634%
Del Norte............ 0.1170%
El Dorado............ 0.3016%
Fresno............... 2.1547%
Glenn................ 0.0536%
Humboldt............. 0.1696%
Imperial............. 0.3393%
Inyo................. 0.1432%
Kern................. 2.5687%
Kings................ 0.3839%
Lake................. 0.1866%
Lassen............... 0.0543%
Los Angeles.... 40.1353%
Madera............... 0.2399%
Marin................ 0.3742%
Mariposa............. 0.0133%
Mendocino............ 0.1975%
Merced............... 0.3464%
Modoc................ 0.0213%
Mono................. 0.0071%
Monterey............. 0.6039%
Napa................. 0.3520%
Nevada............... 0.1244%
Orange............... 8.4582%
Placer............... 0.2667%
Plumas............... 0.0273%
Riverside............ 3.2234%
Sacramento........... 2.1350%
San Benito........... 0.2136%
San Bernardino....... 3.4715%
San Diego............ 5.6095%
San Francisco........ 1.9161%
San Joaquin.......... 0.8854%
San Luis Obispo...... 0.6007%
San Mateo............ 1.8974%
Santa Barbara........ 1.6561%
Santa Clara.......... 5.8082%
Santa Cruz........... 0.6128%
Shasta............... 0.4116%
Sierra............... 0.0037%
Siskiyou............. 0.0750%
Solano............... 1.0363%
Sonoma............... 1.3043%
Stanislaus........... 0.5275%
Sutter............... 0.1344%
Tehama............... 0.1444%
Trinity.............. 0.0346%
Tulare............... 1.4116%
Tuolumne............. 0.0706%
Ventura.............. 1.7193%
Yolo................. 0.2543%
Yuba................. 0.1125%
Total................ 100%
(c) Commencing with the 2008-09 fiscal year, the department shall
allocate twenty-nine million four hundred thirty thousand dollars
($29,430,000) among counties that operate juvenile camps and ranches
based on the number of occupied beds in each camp as of 12:01 a.m.
each day, up to the Corrections Standards Authority rated maximum
capacity, as determined by the Corrections Standards Authority.
SEC. 33. Section 18221 of the Welfare and Institutions Code is
amended to read:
18221. (a) Subject to the availability of funds for the purposes
described in this section, funds provided pursuant to Section 18220
may be used to serve children who are habitual truants, runaways, at
risk of being wards of the court under Section 601 or 602, or under
juvenile court supervision or supervision of the probation
department. Funds may be used to serve parents or other family
members of these children if serving them will promote increased
self-sufficiency, personal responsibility, and family stability for
the child. Services shall be provided pursuant to a family service
plan. When a family is served by multiple public agencies or in need
of services from multiple public agencies, the family service plan
shall be developed through an interdisciplinary approach that shall
include representatives from agencies that provide services to the
family or that may be required to implement the service plan.
(b) Services authorized under this section include all of the
following:
(1) Educational advocacy and attendance monitoring.
(2) Mental health assessment and counseling.
(3) Home detention.
(4) Social responsibility training.
(5) Family mentoring.
(6) Parent peer support.
(7) Life skills counseling.
(8) Direct provision of, and referral to, prevocational and
vocational training.
(9) Family crisis intervention.
(10) Individual, family, and group counseling.
(11) Parenting skills development.
(12) Drug and alcohol education.
(13) Respite care.
(14) Counseling, monitoring, and treatment.
(15) Gang intervention.
(16) Sex and health education.
(17) Anger management, violence prevention, and conflict
resolution.
(18) Aftercare services as juveniles transition back into the
community and reintegrate into their families.
(19) Information and referral regarding the availability of
community services.
(20) Case management.
(21) Therapeutic day treatment.
(22) Transportation related to any of the services described in
this subdivision.
(23) Emergency and temporary shelter.
SEC. 34. Any Senate Constitutional Amendment or Assembly
Constitutional Amendment adopted during the 2009-10 First
Extraordinary Session shall be submitted to the voters at the
November 2, 2010, statewide general election in accordance with the
provisions of the Government Code and the Elections Code governing
the submission of statewide measures to the voters.
SEC. 35. This act shall become effective only if either of the
bills listed in subdivision (a) and either of the bills listed in
subdivision (b), of the 2009-10 First Extraordinary Session of the
Legislature, is also chaptered:
(a) Assembly Bill 2 or Senate Bill 2.
(b) Assembly Bill 9 or Senate Bill 9.
SEC. 36. 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.