BILL NUMBER: SB 847	CHAPTERED
	BILL TEXT

	CHAPTER  220
	FILED WITH SECRETARY OF STATE  SEPTEMBER 10, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 10, 2010
	PASSED THE SENATE  SEPTEMBER 1, 2010
	PASSED THE ASSEMBLY  AUGUST 30, 2010
	AMENDED IN ASSEMBLY  AUGUST 30, 2010
	AMENDED IN ASSEMBLY  AUGUST 26, 2010
	AMENDED IN ASSEMBLY  AUGUST 20, 2010

INTRODUCED BY   Senator Steinberg
   (Principal coauthor: Senator Romero)
   (Principal coauthors: Assembly Members Brownley, John A. Perez,
and Torlakson)
   (Coauthors: Senators Alquist, Pavley, and Wiggins)
   (Coauthors: Assembly Members Ammiano, Block, Buchanan, Caballero,
Chesbro, Coto, De La Torre, Evans, Gatto, Huber, Huffman, Jones,
Miller, Monning, Nestande, V. Manuel Perez, Salas, and Solorio)

                        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, Steinberg. Education finance.
   Existing law creates the Federal Trust Fund in the State Treasury
for the deposit of moneys received from the federal government where
the expenditure is administered through or under the direction of any
state agency.
   This bill would appropriate $1,201,534,585 from the Federal Trust
Fund to the 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. 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 educational 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.
   Appropriation: yes.


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 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 in an amount calculated to be
an equal proportion of the amount calculated for the 2010-11 fiscal
year for each of the following, as appropriate:
   (i) School district revenue limits, pursuant to subdivisions (c)
and (d) of Section 42238.
   (ii) County office of education revenue limits, pursuant to
subdivisions (a) to (d), inclusive, of Section 2558.
   (iii) The revenue limit portion of charter school operational
funding, as determined pursuant to Section 47633.
   (B) A preliminary allocation equal to 90 percent of the estimated
final allocation, estimated on the basis of clauses (i) to (iii),
inclusive, of subparagraph (A) for the 2009-10 fiscal year, shall be
distributed 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.
   (C) 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.