BILL NUMBER: SB 847	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 26, 2010
	AMENDED IN ASSEMBLY  AUGUST 20, 2010

INTRODUCED BY   Senator Steinberg
    (   Principal coauthor:   Senator 
 Romero   ) 
   (Principal coauthors: Assembly Members  John A. Perez
  Brownley,   John A. Perez,  and
Torlakson)
    (   Coauthors:   Senators  
Alquist,   Pavley,   and Wiggins   ) 

    (   Coauthors:   Assembly Members 
 Ammiano,   Block,   Buchanan, 
Chesbro,   Coto,   De La Torre,   Evans,
  Gatto,   Huber,   Jones,  
Miller,   Monning,   Nestande,   V. Manuel
Perez,   and Salas   ) 

                        JANUARY 11, 2010

   An act relating to education finance, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 847, as amended, Steinberg. Education finance.
   Existing law creates the Federal Trust Fund in the State Treasury.

   This bill would appropriate $1,201,534,585 from the Federal Trust
Fund to the  State Department of Education for purposes of
implementing   Office of Planning and Research for the
2010-11 fiscal year upon notification to the state of a funding award
pursuant to  the federal Education Jobs and Medicaid Assistance
Act  in accordance with a specified schedule  .
 From that amount, the bill would require the Office of Planning
and Research to transfer $1,201,406,585 to the State Department of
Education for purposes   of implementing that federal act
and make $128,000 available to the Office of Planning and Research
for the purposes of providing oversight of funds allocated to local
educationa   l agencies pursuant to the bill. Of the amount
transferred to the department, the bill would require that
$1,199,906,585 be allocated to local educational agencies, as
specified, and would make $1,500,000 available to the department for
administrative purposes related to that allocation. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.   (a)    The sum of one billion two
hundred one million five hundred thirty-four thousand five hundred
eighty-five dollars ($1,201,534,585) is hereby appropriated  ,
upon notification to the state of a funding award pursuant to the
federal Education Jobs and Medicaid Assistance Act (Public Law
111-226),  from the Federal Trust Fund to the  Office of
Planning and Research for the 2010-11 fiscal year.  
   (1) From the amount appropriated by this subdivision, one hundred
twenty-eight thousand dollars ($128,000) shall be available to the
Office of Planning and Research for the purpose of providing
oversight of the funds allocated pursuant to subparagraph (A) of
paragraph (2). 
    (2)     From the amount appropriated by
this subdivision, the sum of one billion two hundred one million four
hundred six thousand five hundred eighty-five dollars
($1,201,406,585) shall be transferred to the  State Department
of Education for purposes of implementing the federal Education Jobs
and Medicaid Assistance Act (Public Law 111-226). The funds 
transferred by this paragraph  shall be expended by the
department in accordance with the following schedule: 
   (a) One billion two hundred million thirty-four thousand five
hundred eighty-five dollars ($1,200,034,585) shall be allocated to
local educational agencies in accordance with federal law. 

   (b) One million five hundred thousand dollars ($1,500,000) shall
be available to the State Department of Education during the period
from August 10, 2010, to December 30, 2012, inclusive.  

   (A) One billion one hundred ninety-nine million nine hundred six
thousand five hundred eighty-five dollars ($1,199,906,585) shall be
allocated to local educational agencies on the basis of an equal
amount per unit of average daily attendance, as reported for the
2010-11 second principal apportionment. A preliminary allocation
equal to 90 percent of the estimated final allocation, estimated on
the basis of average daily attendance reported for the 2009-10 second
principal apportionment, shall be allocated no later than 14 days
following the effective date of this act or notification to the state
of a federal funding award, whichever is later.  
   (B) One million five hundred thousand dollars ($1,500,000) shall
be available to the State Department of Education for administrative
purposes related to the allocation of funds pursuant to subparagraph
(A).  
   (b) Funds allocated to local educational agencies pursuant to
subparagraph (A) of paragraph (2) of subdivision (a) shall be used
consistent with the requirements of the federal Education Jobs and
Medicaid Assistance Act (Public Law 111-226) and any related federal
regulations or guidance, and shall be used only for compensation,
benefits, and other expenses, including support services, that are
necessary to retain existing employees, to recall or rehire former
employees, and to hire new employees, where those employees provide
school-level educational and related services.  
   (c) Any local educational agency that receives an allocation
pursuant to subparagraph (A) of paragraph (2) of subdivision (a) and
has funds remaining after the 2010-11 fiscal year may use those
remaining funds through September 30, 2012, for the purposes
specified in subdivision (b). 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to allow money appropriated by the United States Congress
for purposes of the federal Education Jobs and Medicaid Assistance
Act to be spent by the state at the earliest possible time, it is
necessary that this act take effect immediately.