BILL NUMBER: AB 104 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act relating to the Budget Act of 2011.
An act to amend Section 5134 of the Business and Professions Code,
to repeal and add Section 14044 of the Corporations Code, to amend
Sections 965, 16142, 16142.1, 16148, 16320, 51244, and 63048.66 of,
to amend, repeal, and add Section 12716 of, to add Section 22850.5
to, to add and repeal Section 8670.48.3 of, and to repeal Section
51244.3 of, the Government Code, and to amend Sections 4003 and 4004
of, and to add Section 14004.5 to, the Unemployment Insurance Code,
relating to state government, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately, bill
related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 104, as amended, Committee on Budget. Budget Act of
2011. State government.
(1) Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy. Existing law sets
forth the fee structure for licensure as an accountant, including
for biennial renewal of a permit to practice. Existing law requires
the board to fix the biennial renewal fee, in an amount not to exceed
$250, so that the reserve balance in the board's contingent fund is
equal to approximately 9 months of annual authorized expenditures.
Existing law allows an increase in renewal fees only upon a
determination by the board that additional moneys are required to
fund authorized expenditures and maintain the board's contingent fund
reserve.
This bill would delete the requirement that the board fix the
biennial renewal fee for purposes of maintaining the 9-month reserve
balance in the contingent fund, and would delete the limitation that
the biennial renewal fee may only be increased when additional moneys
are required to fund authorized expenditures and maintain the
contingent fund reserve balance.
(2) The California Small Business Financial Development
Corporation Law authorizes the formation of small business financial
development corporations to grant loans or loan guarantees for the
purpose of stimulating small business development and imposes certain
duties with respect thereto on a director designated by the
Secretary of Business, Transportation and Housing. The California
Small Business Expansion Fund, which is created under that law and is
continuously appropriated, provides funds to be used to pay for
defaulted loan guarantees and administrative costs of these
corporations.
This bill would require the Director of Finance, upon notification
of the receipt of specified federal funds, to order that $20,000,000
of state money in the expansion fund be reverted to the General
Fund. The bill would require small business financial development
corporations to prioritize the use of federal moneys over the use of
state moneys when granting new loan guarantees, as specified.
(3) Existing law establishes the Oil Spill Response Trust Fund in
the State Treasury and continuously appropriates to the administrator
for oil spill response the moneys in the fund for expenditure for
specified purposes, including to cover the costs incurred by state
and local government for responding to oil spills. The
Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
requires the administrator to collect a uniform oil spill response
fee, to be deposited into the fund, during any period that the fund
contains less than or equal to 95% of a designated amount.
This bill would provide that if a loan or other transfer of money
from the fund to the General Fund pursuant to the Budget Act reduces
the balance of the fund to less than or equal to 95% of the
designated amount, the administrator is not required to collect oil
spill response fees if the annual Budget Act requires the transfer or
loan to be repaid (A) to the fund with interest calculated at a rate
earned by the Pooled Money Investment Account and (B) on or before
June 30, 2014. The bill would require that the transfer or loan be
repaid as soon as possible if a spill occurs and the administrator
determines that response funds are needed immediately. These
provisions would be repealed on July 1, 2014.
(4) Existing law authorizes, until January 1, 2015, a county, in
any fiscal year in which payments authorized for reimbursement to a
county for lost revenue pursuant to contracts entered into under the
Williamson Act are less than 1/2 of the participating county's actual
foregone general fund property tax revenue, to revise the term for
newly renewed and new contracts and require the assessor to value the
property, as specified, based on the revised contract term. Existing
law provides that a landowner may choose to nonrenew and begin the
cancellation process. Existing law also provides that any increased
revenues generated by properties under a new contract are to be paid
to the county.
This bill would repeal these provisions.
(5) Existing law appropriates $10,000,000 from the General Fund to
the Controller for the 2010-11 fiscal year to make subvention
payments to counties under the Williamson Act, as specified.
This bill would reduce this appropriation to zero.
(6) Existing law authorizes the loan of moneys in the State
Treasury from one state fund or account to any other state fund or
account to address the 2001-02, 2002-03, and 2003-04 fiscal years
budgetary shortfalls, subject to certain conditions. Existing law
requires the Director Finance to order the repayment of all or a
portion of any loan made pursuant to the above provisions if he or
she determines that the fund or account from which the loan was made
has a need for the moneys or there is no longer a need for the moneys
in the fund or account that received the loan. Existing law imposes
certain reporting requirements on the Director of Finance related to
the above-described loans.
This bill would, instead, provide that unless law authorizing any
budgetary loan states otherwise, the Director of Finance shall order
the repayment of all or a portion of any budgetary loan, including,
but not limited to, those loans described above, if he or she
determines that the fund or account from which the loan was made has
a need for the moneys or there is no longer a need for the moneys in
the fund or account that received the loan. This bill would require
the Director of Finance to make the above-described reports with
respect to any outstanding budgetary loan and would make other
specified changes related to the content and receipt of the reports.
(7) The Public Employees' Medical and Hospital Care Act authorizes
the Board of Administration of the Public Employees' Retirement
System to contract with carriers for health benefit plans for
employees and annuitants, as defined.
This bill would require the board to negotiate with carriers
offering health benefit plans to add a core health plan, as defined,
to the existing portfolio of health benefit plans, or to implement
other measures to achieve ongoing cost savings beginning in the
2012-13 fiscal year, or both.
(8) The federal Indian Gaming Regulatory Act of 1988 provides for
the negotiation and execution of tribal-state gaming compacts for the
purpose of authorizing certain types of gaming on Indian lands
within a state. The California Constitution authorizes the Governor
to negotiate and conclude compacts, subject to ratification by the
Legislature. Existing law ratifies a number of tribal-state gaming
compacts between the State of California and specified Indian tribes.
Existing law authorizes the Infrastructure and Economic Development
Bank, upon a filing by the Director of Finance with the bank of a
list of specified amended tribal compacts and compact assets, to sell
for, and on behalf of, the state all or any portion of those compact
assets to a special purpose trust, and authorizes the special
purpose trust to issue bonds secured by those compact assets.
Existing law provides that the portion of those compact assets that
are timely deposited or are due for deposit in a specified fund
between July 1, 2008, and June 30, 2011, shall not be available for
the purpose described above. Existing law requires the Director of
Finance to determine the portion of those compact assets attributable
to each fiscal year, and authorizes the Director of Finance to
direct the Controller, by separate order applicable to the assets for
each fiscal year, to transfer the compact assets attributable to
that fiscal year to the General Fund.
This bill would extend the period during which deposits of compact
assets are not available for the purpose described above from June
30, 2011, to June 30, 2016.
(9) The federal Workforce Investment Act provides for workforce
investment activities, including activities in which states may
participate.
This bill would create the Consolidated Work Program Fund in the
State Treasury, for the receipt of all moneys deposited pursuant to
the federal Workforce Investment Act. The bill would require the
Employment Development Department to administer those provisions, and
moneys in the fund would be made available, upon appropriation by
the Legislature, to the department for expenditure consistent with
the act.
(10) Existing law provides that, for purposes of eligibility for
federal-state extended unemployment benefits, an individual have
earnings that exceed either 40 times his or her most recent weekly
benefit amount or 1.5 times the highest quarter in the base period,
and precludes the implementation of the alternative eligibility
requirement for federal-state extended benefits unless the Director
of the Employment Development Department determines that these
provisions have been approved by the United States Department of
Labor.
The federal Supplemental Appropriations Act of 2008 created the
Emergency Unemployment Compensation (EUC) Program on June 30, 2008,
which provides for the payment of up to 13 weeks of federally funded
emergency unemployment compensation (EUC) benefits to eligible
unemployed individuals nationwide who had already collected all
regular state benefits for which they were eligible. The federal
Unemployment Compensation Extension Act of 2008, which was enacted on
November 21, 2008, further expanded the EUC Program to provide for
the payment of 20 weeks of benefits nationwide, and provides for the
payment of 13 more weeks of benefits to eligible unemployed
individuals in states with high unemployment rates, as determined by
specified criteria. The federal American Recovery and Reinvestment
Act of 2009, which was enacted on February 17, 2009, extends to May
31, 2010, the period of time during which claims for EUC benefits can
be filed and paid.
Existing state law provides for the payment of temporary
federal-state EUC benefits authorized under the federal Supplemental
Appropriations Act of 2008, the federal Unemployment Compensation
Extension Act of 2008, and the federal American Recovery and
Reinvestment Act of 2009 to eligible individuals in this state for
weeks of unemployment on or after February 1, 2009, and continuing
until the week ending 3 weeks prior to the last week for which
specified provisions providing for 100% federal sharing authorized
under the federal American Recovery and Reinvestment Act of 2009,
except as provided, if specified economic indicators trigger the
payment of those benefits.
This bill would instead provide for the payment of temporary
federal-state EUC benefits authorized under the federal Supplemental
Appropriations Act of 2008, the federal Unemployment Compensation
Extension Act of 2008, and the federal American Recovery and
Reinvestment Act of 2009 to eligible individuals in this state for
weeks of unemployment on or after February 1, 2009, and continuing
until the week ending 4 weeks prior to the last week for which
specified provisions providing for 100% federal sharing authorized
under the federal American Recovery and Reinvestment Act of 2009,
except as provided, if specified economic indicators trigger the
payment of those benefits. The bill would also revise the economic
indicators triggering payment of benefits for weeks of unemployment
beginning on or after December 19, 2010, and continuing until a
specified date authorized by federal law or until the week ending
four weeks prior to the last week for which 100 percent federal
sharing is authorized by federal law, as specified. The bill would
make related changes.
Because the bill would provide for the payment of additional
amounts from the Unemployment Fund, a continuously appropriated
special fund, it would make an appropriation.
(11) The Budget Act for the 2010-11 fiscal year appropriates
moneys to state entities to fund the operations of those entities,
including, among other things, for the cost of office space.
This bill would authorize the Director of Finance to adjust any
item of appropriation for departmental support in the Budget Act for
the 2010-11 fiscal year to reflect reductions in the rental rates
charged to a state entity by the Department of General Services for
the cost of office space in buildings owned or operated by the
department.
(12) The Tort Claims Act provides for the liability and immunity
of a governmental entity for its acts or omissions that cause harm to
persons. Existing law provides that any claim for money or damages
against the state is required to be presented to the California
Victim Compensation and Government Claims Board within a specified
period of time. Existing law requires the board, upon allowing a
claim for which the Director of Finance certifies that a sufficient
appropriation for the payment of the claim exists, to designate the
fund from which the claim is to be paid.
This bill would require the board to provide notice to the
chairpersons of the committees in each house of the Legislature that
consider appropriations and the annual Budget Act, and the
Chairperson of the Joint Legislative Budget Committee, within a
specified period of time prior to allowing either the use of a
current year appropriation to pay claims for prior year costs of
$500,000 or more, or claims from a single provider of goods or
services with respect to a single department that exceed $500,000
within one year.
The bill would also appropriate for the 2011-12 fiscal year $1,000
from the Restitution Fund, a continuously appropriated fund, to the
California Victim Compensation and Government Claims Board.
(13) Existing law creates in the State Treasury the Indian Gaming
Special Distribution Fund for the receipt and deposit of moneys
received by the state from certain Indian tribes pursuant to the
terms of gaming compacts entered into with the state. Existing law
authorizes moneys in that fund to be used for specified purposes,
including for grants for the support of state and local government
agencies impacted by tribal government gaming. Existing law, until
January 1, 2021, requires each county that administers grants from
the Indian Gaming Special Distribution Fund to provide an annual
report to certain legislative and executive branch members by October
1 of each year detailing the specific projects funded by all grants
in the county's jurisdiction in the previous fiscal year, as
specified.
This bill would, until January 1, 2012, and for the 2009-10 fiscal
year, authorize the Controller to allocate funding to a county that
submits the annual report after the October 1 deadline, but prior to
July 1, 2011.
(14) The bill would also make various conforming and
nonsubstantive changes.
(15) The California Constitution authorizes the Governor to
declare a fiscal emergency and to call the Legislature into special
session for that purpose. Governor Schwarzenegger issued a
proclamation declaring a fiscal emergency, and calling a special
session for this purpose, on December 6, 2010. Governor Brown issued
a proclamation on January 20, 2011, declaring and reaffirming that a
fiscal emergency exists and stating that his proclamation supersedes
the earlier proclamation for purposes of that constitutional
provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
(16) This bill would declare that it is to take immediate effect
as an urgency statute and a bill providing for appropriations related
to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2011.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5134 of the Business
and Professions Code is amended to read:
5134. The amount of fees prescribed by this chapter is as
follows:
(a) The fee to be charged to each applicant for the certified
public accountant examination shall be fixed by the board at an
amount not to exceed six hundred dollars ($600). The board may charge
a reexamination fee not to exceed seventy-five dollars ($75) for
each part that is subject to reexamination.
(b) The fee to be charged to out-of-state candidates for the
certified public accountant examination shall be fixed by the board
at an amount not to exceed six hundred dollars ($600) per candidate.
(c) The application fee to be charged to each applicant for
issuance of a certified public accountant certificate shall be fixed
by the board at an amount not to exceed two hundred fifty dollars
($250).
(d) The application fee to be charged to each applicant for
issuance of a certified public accountant certificate by waiver of
examination shall be fixed by the board at an amount not to exceed
two hundred fifty dollars ($250).
(e) The fee to be charged to each applicant for registration as a
partnership or professional corporation shall be fixed by the board
at an amount not to exceed two hundred fifty dollars ($250).
(f) The board shall fix the biennial renewal fee so that,
together with the estimated amount from revenue other than that
generated by subdivisions (a) to (e), inclusive, the reserve balance
in the board's contingent fund shall be equal to approximately nine
months of annual authorized expenditures. Any increase in the renewal
fee shall be made by regulation upon a determination by the board
that additional moneys are required to fund authorized expenditures
and maintain the board's contingent fund reserve balance equal to
nine months of estimated annual authorized expenditures in the fiscal
year in which the expenditures will occur. The biennial
fee for the renewal of each of the permits to engage in the practice
of public accountancy specified in Section 5070 shall not exceed two
hundred fifty dollars ($250).
(g) The delinquency fee shall be 50 percent of the accrued renewal
fee.
(h) The initial permit fee is an amount equal to the renewal fee
in effect on the last regular renewal date before the date on which
the permit is issued, except that, if the permit is issued one year
or less before it will expire, then the initial permit fee is an
amount equal to 50 percent of the renewal fee in effect on the last
regular renewal date before the date on which the permit is issued.
The board may, by regulation, provide for the waiver or refund of the
initial permit fee where the permit is issued less than 45 days
before the date on which it will expire.
(i) (1) On and after the enactment of Assembly Bill 1868 of the
2005-06 Regular Session, the annual fee to be charged an individual
for a practice privilege pursuant to Section 5096 with an
authorization to sign attest reports shall be fixed by the board at
an amount not to exceed one hundred twenty-five dollars ($125).
(2) On and after enactment of Assembly Bill 1868 of the 2005-06
Regular Session, the annual fee to be charged an individual for a
practice privilege pursuant to Section 5096 without an authorization
to sign attest reports shall be fixed by the board at an amount not
to exceed 80 percent of the fee authorized under paragraph (1).
(j) The fee to be charged for the certification of documents
evidencing passage of the certified public accountant examination,
the certification of documents evidencing the grades received on the
certified public accountant examination, or the certification of
documents evidencing licensure shall be twenty-five dollars ($25).
(k) The board shall fix the fees in accordance with the limits of
this section and, on and after July 1, 1990, any increase in a fee
fixed by the board shall be pursuant to regulation duly adopted by
the board in accordance with the limits of this section.
(l) It is the intent of the Legislature that, to ease entry into
the public accounting profession in California, any administrative
cost to the board related to the certified public accountant
examination or issuance of the certified public accountant
certificate that exceeds the maximum fees authorized by this section
shall be covered by the fees charged for the biennial renewal of the
permit to practice.
SEC. 2. Section 14044 of the
Corporations Code is repeale d.
14044. (a) As of July 28, 2009, notwithstanding any other
provision of this chapter, a total of eight million three hundred
thousand dollars ($8,300,000) of state money in the expansion fund,
or the trust fund, or both, as determined by the Director of Finance,
shall not be available to corporations or to the state for any
purposes authorized by this chapter, and shall instead revert to the
General Fund.
(b) For purposes of this section, "state money" means money that
can be reverted to the General Fund.
(c) This section shall become inoperative as of the date upon
which the reversion pursuant to subdivision (a) is completed, and
shall be repealed on January 1 of the next succeeding calendar year.
SEC. 3. Section 14044 is added to the
Corporations Code , to read:
14044. Upon notification that the state has received an award
under the federal Small Business Jobs Act of 2010 (15 U.S.C. Sec. 631
et seq.), the following shall occur:
(a) The Director of Finance shall order that twenty million
dollars ($20,000,000) of state money in the Small Business Expansion
Fund be reverted to the General Fund. For purposes of this section,
"state money" means money that can be reverted to the General Fund.
(b) Corporations shall prioritize the use of federal moneys over
the use of state moneys when granting new loan guarantees pursuant to
this article. However, that prioritization shall not apply if the
use of the federal moneys does not meet the requirements for a
guarantee pursuant to the federal act.
SEC. 4. Section 965 of the Government
Code is amended to read:
965. (a) Upon the allowance by the California Victim
Compensation and Government Claims Board of all or part of a claim
for which the Director of Finance certifies that a sufficient
appropriation for the payment of the claim exists, and the execution
and presentation of documents the board may require which discharge
the state of all liability under the claim, the board shall designate
the fund from which the claim is to be paid and the state agency
concerned shall pay the claim from that fund. The board shall
provide notice to the chairpersons of the committees in each house of
the Legislature that consider appropriations and the annual Budget
Act, and the chairperson of the Joint Legislative Budget
Committee, at least 15 days, or a shorter period as the Chairperson
of the joint committee, or his or her designee, may in each instance
require, prior to allowing either the use of a current year
appropriation to pay claims for prior year costs of five hundred
thousand dollars ($500,000) or more, or claims from a single provider
of goods or services with respect to a single department that
exceeds five hundred thousand dollars ($500,000) within one year.
If there is no sufficient appropriation for the payment
available, the board shall report to the Legislature in accordance
with Section 912.8. Claims arising out of the activities of the State
Department of Transportation may be paid if either the Director of
Transportation or the Director of Finance certifies that a sufficient
appropriation for the payment of the claim exists.
(b) Notwithstanding subdivision (a), if there is no sufficient
appropriation for the payment of claims, settlements, or judgments
against the state arising from an action in which the state is
represented by the Attorney General, the Attorney General shall
report the claims, settlements, and judgments to the Chairperson of
either the Senate Committee on Appropriations or the Assembly
Committee on Budget, who shall cause to be introduced legislation
appropriating funds for the payment of the claims, settlements, or
judgments.
(c) Notwithstanding subdivision (a) or (b), claims, settlements,
or judgments arising out of the activities of a judicial branch
entity, as defined by Sections 900.3 and 940.3, or a judge thereof
may be paid if the Judicial Council authorizes payment and the
Administrative Director of the Courts certifies that sufficient funds
for that payment exist from funds allocated to settlement,
adjustment, and compromise of actions and claims. If sufficient funds
for payment of settlements or judgments do not exist, the
Administrative Director of the Courts shall report the settlements
and judgments to the Chairperson of either the Senate Committee on
Appropriations or the Assembly Committee on Budget, who shall cause
to be introduced legislation appropriating funds for the payment of
the settlements or judgments. If sufficient funds for payment of
claims do not exist, the Administrative Director of the Courts shall
report the claims to the California Victim Compensation
and Government Claims Board, which shall have 90 days to object to
payment. The Administrative Director of the Courts shall confer with
the chairperson of the California Victim Compensation and
Government Claims Board regarding any objection received during the
90-day period. If the California Victim Compensation and
Government Claims Board withdraws the objection, or if no objection
was received, the Administrative Director of the Courts shall report
the claims to the Chairperson of either the Senate Committee on
Appropriations or the Assembly Committee on the Budget, who shall
cause to be introduced legislation appropriating funds for the
payment of the claims. The Judicial Council may authorize any
committee of the Judicial Council or any employee of the
Administrative Office of the Courts to perform the functions of the
Judicial Council under this section. The Administrative Director of
the Courts may designate an executive staff member of the
Administrative Office of the Courts to perform the functions of the
Administrative Director of the Courts under this section.
(d) In addition to any amounts provided in the Budget Act of 2011,
one thousand dollars ($1,000) is appropriated for the 2011-12 fiscal
year from the Restitution Fund to the California Victim Compensation
and Government Claims Board.
SEC. 5. Section 8670.48.3 is added to the
Government Code , to read:
8670.48.3. (a) Notwithstanding subparagraph (A) of paragraph (1)
of subdivision (f) of Section 8670.48, a loan or other transfer of
money from the fund to the General Fund pursuant to the Budget Act
that reduces the balance of the Oil Spill Response Trust Fund to less
than or equal to 95 percent of the designated amount specified in
subdivision (a) of Section 46012 of the Revenue and Taxation Code
shall not obligate the administrator to resume collection of the oil
spill response fee otherwise required by this article if both of the
following conditions are met:
(1) The annual Budget Act requires a transfer or loan from the
fund to be repaid to the fund with interest calculated at a rate
earned by the Pooled Money Investment Account as if the money had
remained in the fund.
(2) The annual Budget Act requires all transfers or loans to be
repaid to the fund on or before June 30, 2014.
(b) A transfer or loan described in subdivision (a) shall be
repaid as soon as possible if a spill occurs and the administrator
determines that response funds are needed immediately.
(c) If there is a conflict between this section and any other law
or enactment, this section shall control.
(d) This section shall remain in effect until July 1, 2014, and as
of that date is repealed.
SEC. 6. Section 12716 of the Government
Code is amended to read:
12716. (a) Each county that administers grants from the Indian
Gaming Special Distribution Fund shall provide an annual report to
the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the Senate and Assembly committees on governmental
organization, and the California Gambling Control Commission by
October 1 of each year detailing the specific projects funded by all
grants in the county's jurisdiction in the previous fiscal year,
including amounts expended in that fiscal year, but funded from
appropriations in prior fiscal years. The report shall provide
detailed information on the following:
(1) The amount of grant funds received by the county.
(2) A description of each project that is funded.
(3) A description of how each project mitigates the impact of
tribal gaming.
(4) The total expenditures for each project.
(5) All administrative costs related to each project, excluding
the county's administrative fee.
(6) The funds remaining at the end of the fiscal year for each
project.
(7) An explanation regarding how any remaining funds will be spent
for each project, including the estimated time for expenditure.
(8) A description of whether each project is funded once or on a
continuing basis.
(b) A county that does not provide an annual report pursuant to
subdivision (a) shall not be eligible for funding from the Indian
Gaming Special Distribution Fund for the following year.
(c) For the 2009-10 fiscal year, the Controller may allocate
funding to a county that submits the annual report required pursuant
to subdivision (a) after the October 1 deadline, but prior to July 1,
2011.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 7. Section 12716 is added to the
Government Code , to read:
12716. (a) Each county that administers grants from the Indian
Gaming Special Distribution Fund shall provide an annual report to
the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the Senate and Assembly committees on governmental
organization, and the California Gambling Control Commission by
October 1 of each year detailing the specific projects funded by all
grants in the county's jurisdiction in the previous fiscal year,
including amounts expended in that fiscal year, but funded from
appropriations in prior fiscal years. The report shall provide
detailed information on the following:
(1) The amount of grant funds received by the county.
(2) A description of each project that is funded.
(3) A description of how each project mitigates the impact of
tribal gaming.
(4) The total expenditures for each project.
(5) All administrative costs related to each project, excluding
the county's administrative fee.
(6) The funds remaining at the end of the fiscal year for each
project.
(7) An explanation regarding how any remaining funds will be spent
for each project, including the estimated time for expenditure.
(8) A description of whether each project is funded once or on a
continuing basis.
(b) A county that does not provide an annual report pursuant to
subdivision (a) shall not be eligible for funding from the Indian
Gaming Special Distribution Fund for the following year.
(c) This section shall become operative on January 1, 2012.
SEC. 8. Section 16142 of the Government
Code is amended to read:
16142. (a) The Secretary of the Natural Resources Agency shall
direct the Controller to pay annually out of the funds appropriated
by Section 16140, to each eligible county, city, or city and county,
the following amounts for each acre of land within its regulatory
jurisdiction that is assessed pursuant to Section 423, 423.3, 423.4,
or 423.5, or 426 if it was previously assessed under Section 423.4,
of the Revenue and Taxation Code:
(1) Five dollars ($5) for prime agricultural land, as defined in
Section 51201.
(2) One dollar ($1) for all land, other than prime agricultural
land, which is devoted to open-space uses of statewide significance,
as defined in Section 16143.
(b) The amount per acre in paragraph (1) of subdivision (a) may be
increased by the Secretary of the Natural Resources Agency to a
figure which would offset any savings due to a more restrictive
determination by the secretary as to what land is devoted to
open-space use of statewide significance.
(c) The amount per acre in subdivision (a) shall only be paid for
10 years from the date that the land was first assessed pursuant to
Section 426 of the Revenue and Taxation Code, if it was previously
assessed under Section 423.4 of that code.
(d) Notwithstanding any other provision of law, for the 2008-09
fiscal year and each fiscal year thereafter, the Controller shall
reduce, by 10 percent, any payment made pursuant to this section.
(e) (1) Effective January 1, 2011, if the payment pursuant to this
section for the previous fiscal year is less than one-half of the
participating county's actual foregone general fund property tax
revenue, the county may make a determination to implement subdivision
(b) of Section 51244 and Section 51244.3. The implementation of
these sections shall be suspended for any subsequent fiscal year in
which the payment for the previous fiscal year exceeds one-half of
the foregone general fund property tax revenue.
For purposes of this subdivision, a county's actual foregone
property tax revenue shall be based on the county's respective share
of the general property tax dollars as reflected in the most recent
annual report issued by the State Board of Equalization or 20
percent, whichever is higher.
(2) This subdivision shall remain operative only until January 1,
2015.
SEC. 9. Section 16142.1 of the
Government Code is amended to read:
16142.1. (a) In lieu of the payments made pursuant to Section
16142, in a county that has adopted farmland security zones pursuant
to Section 51296, the Secretary of the Natural Resources Agency shall
direct the Controller to pay annually out of the funds appropriated
by Section 16140, to each eligible county, city, or city and county,
the following amount for each acre of land within its regulatory
jurisdiction that is assessed pursuant to Section 423.4 or 426 of the
Revenue and Taxation Code, if it was previously assessed under
Section 423.4 of that code:
Eight dollars ($8) for land that is within, or within three miles
of the boundaries of the sphere of influence of, each incorporated
city.
(b) The amount per acre in subdivision (a) shall only be paid for
10 years from the date that the land was first assessed pursuant to
Section 426 of the Revenue and Taxation Code, if it was previously
assessed under Section 423.4 of that code. The appropriation
authorized by this subdivision shall not exceed one hundred thousand
dollars ($100,000) per year until 2005.
(c) Notwithstanding any other provision of law, for the 2008-09
fiscal year and each fiscal year thereafter, the Controller shall
reduce, by 10 percent, any payments made pursuant to this section.
(d) (1) Effective January 1, 2011, if the payment pursuant to this
section for the previous fiscal year is less than one-half of the
participating county's actual foregone general fund property tax
revenue, the county may make a determination to implement subdivision
(b) of Section 51244 and Section 51244.3. The implementation of
these sections shall be suspended for any subsequent fiscal year in
which the payment for the previous fiscal year exceeds one-half of
the foregone general fund property tax revenue.
For purposes of this subdivision, a county's actual foregone
property tax revenue shall be based on the county's respective share
of the general property tax dollars as reflected in the most recent
annual report issued by the State Board of Equalization or 20
percent, whichever is higher.
(2) This subdivision shall remain operative only until January 1,
2015.
SEC. 10. Section 16148 of the
Government Code is amended to read:
16148. Ten million dollars ($10,000,000)
Zero dollars ($0) is appropriated for the 2010-11 fiscal year
from the General Fund to the Controller to make subvention payments
to counties pursuant to Section 16140 in proportion to the losses
incurred by those counties by reason of the reduction of assessed
property taxes.
SEC. 11. Section 16320 of the
Government Code is amended to read:
16320. (a) Unless otherwise prohibited by law, moneys in the
State Treasury may be loaned from one state fund or account to any
other state fund or account to address the 2001-02, 2002-03, and
2003-04 fiscal year budgetary shortfalls, subject to all of the
following conditions:
(1) The loan is authorized in the 2002 Budget Act, legislation
enacted in a 2003-04 Extraordinary Session, or the 2003 Budget Act.
(2) The terms and conditions of the loan, including an interest
rate, are set forth in the loan authorization.
(3) The loan is considered part of the balance of the fund or
account that received the funds for the purpose of accounting and
budgeting, including any determination made pursuant to Section
13307.
(4) The loan is not deducted from the balance of the fund or
account from which the loan is made for purposes of calculating a fee
or assessment.
(5) A fee or assessment is not increased as a result of a loan.
(6) Moneys loaned under this section are not considered a transfer
of resources for purposes of determining the legality of the use of
those moneys by the fund or account from which the loan is made or
the fund or account that received the loan.
(b) (1) The Unless law authorizing any
budgetary loan states otherwise, the Director of Finance shall
order the repayment of all or a portion of any budgetary
loan made pursuant to subdivision (a) ,
including, but not limited to, those loans described in
subdivision (a), if he or she determines that either of the
following circumstances exists:
(A) The fund or account from which the loan was made has a need
for the moneys.
(B) There is no longer a need for the moneys in the fund or
account that received the loan.
(2) The Director of Finance shall notify, in writing, the
Chairperson of the Joint Legislative Budget Committee within 30 days
of ordering the repayment of any of these loans.
(c) On August 1 of each year, the Director of Finance shall report
in writing to the Chairperson of the Joint Legislative Budget
Committee the balances of these any
outstanding budgetary loans as of the preceding June 30.
(d) On February 1 of each year, the Director of Finance shall
provide a report on General Fund obligations
report in writing to the Chairperson of the Joint Legislative
Budget Committee and to the chairpersons of the fiscal
committees of the Assembly and the Senate. The report shall include
both of the following: the balances of any outstanding
budgetary loans as of the preceding December 31.
(1) An update of the annual August 1 report to the Chairperson of
the Joint Legislative Budget Committee on the balances of outstanding
loans, as reflected in the preceding Governor's Budget.
(2) A
(e) The August 1 and February 1 reports
described in subdivisions (c) and (d), respectively, shall include a
summary and list of loans to of
the General Fund or budgetary
obligations for future payment of deferred or suspended expenditures
or transfers to any special fund or account and the dates that the
loans or obligations are due.
SEC. 12. Section 22850.5 is added to the
Government Code , to read:
22850.5. (a) In performing the duties prescribed by Section
22850, the board shall negotiate with carriers providing health
benefit plans to add a core health plan option to the existing
portfolio of health plans or to implement other measures to achieve
ongoing cost savings beginning in the 2012-13 fiscal year, or both.
(b) For purposes of this section, a "core health plan" means a
plan that includes all of the following:
(1) A plan that provides coverage for essential benefits at lower
premiums, for both the state and the employee, than existing benefit
plan options.
(2) A plan that may include fewer benefits and higher employee
cost sharing than those provided in existing health benefit plan
options.
(3) A plan option that is available for participants beginning in
the 2012 open enrollment period for the 2013 calendar year.
SEC. 13. Section 51244 of the
Government Code is amended to read:
51244. (a) Each contract
shall be for an initial term of no less than 10 years. Each contract
shall provide that on the anniversary date of the contract or such
other annual date as specified by the contract a year shall be added
automatically to the initial term unless notice of nonrenewal is
given as provided in Section 51245.
(b) (1) If the county makes a determination pursuant to subdivision
(e) of Section 16142 or subdivision (d) of Section 16142.1, contracts
shall be for a term of no less than nine years for contracts
currently 10 years in length or 18 years for contracts currently 20
years in length, as the case may be. For new contracts entered into
during a year in which this subdivision is in effect, the initial
contract length shall be either 9 or 18 years. Each contract shall
provide, except in the initial year of the determination, that on the
anniversary date of the contract or such other annual date as
specified by the contract, a year shall be added automatically to the
initial term unless notice of nonrenewal is given as provided in
Section 51245.
In any subsequent year during the reduced term of contract in
which increased revenue is not realized by the county pursuant to
Section 51244.3, two or three additional years shall be added to the
contract on the next anniversary date, as necessary, to restore the
contract to its full 10-year or 20-year contract length.
(2) In any year in which this subdivision is implemented, the
county shall record a notice that states the affected parcel number
or numbers and current owner's names, or, alternatively, the same
information for those parcels that are not affected.
(3) An addition to the assessed value shall be conveyed to the
auditor, consistent with the 10-percent reduction in the length of
the restriction, equal to 10 percent of the difference between the
valuation pursuant to Section 423, 423.3, or 423.5 of the Revenue and
Taxation Code, as applicable, and the valuation under subdivision
(b) of Section 51 or Section 110.1 of the Revenue and Taxation Code
whichever is lower. If the valuation under subdivision (b) of Section
51 or Section 110.1 of the Revenue and Taxation Code is lower, the
addition to the assessed value shall be zero. The increased amount of
tax revenue that results from the decrease in restriction shall be
separately displayed on the taxpayer's annual bill.
(4) A landowner may elect to serve notice of nonrenewal instead of
accepting a 9-year or 18-year contract, as the case may be. In that
case, the additional assessed value shall not be added to the
property as provided for in paragraph (3).
For purposes of this subdivision, a landowner may serve notice of
nonrenewal at any time. However, a landowner who withdraws that
notice prior to the effective date shall be subject to term
modification and additional assessed value. Once served and
effective, a landowner nonrenewal notice may not be withdrawn except
for cause and with the consent of the county. A county may adopt
amendments to its uniform rules to facilitate implementation of this
subdivision during the 2010-11 fiscal year, and thereafter as
necessary.
(5) In addition to any other notice requirements, a county shall
provide a landowner under contract with timely written notice of all
of the following:
(A) Any initial hearing by the county on a proposal to adopt or
rescind the implementation of this subdivision.
(B) Any final decision regarding the adoption or rescission of
implementation of this subdivision.
(C) The landowner's right to prevent the reduction in the term of
his or her contract pursuant to this subdivision by serving notice of
nonrenewal as specified by Section 51245. This nonrenewal notice may
be combined with the nonrenewal notice in subparagraph (B).
(6) A county shall not modify or revalue a landowner's contract
pursuant to this subdivision unless the landowner is given at least
90 days' notice of the opportunity to prevent the modification and
revaluation by serving notice of nonrenewal and the landowner fails
to serve notice of nonrenewal. The county may use the primary owner
of record from the assessment roll to identify landowners entitled to
receive notice under this subdivision. A landowner shall be advised
of the landowner's right to avoid continued imposition of this
subdivision in any future year and thereafter by serving a notice of
nonrenewal for that contract year. Failure of the landowner to serve
timely notice of nonrenewal in any year shall be considered implied
consent to the implementation of this subdivision for that year.
Until February 1, 2011, the 90-day notice requirement may be
reduced to 60 days if the county adopts a procedure to allow
landowners to serve a notice of nonrenewal.
(7) This subdivision shall not apply to any of the following:
(A) Contracts that have been nonrenewed.
(B) Contracts with cities.
(C) Open-space or agricultural easements.
(D) Scenic restrictions.
(E) Wildlife habitat contracts.
(F) Atypical term contracts, including, but not limited to,
20-year initial term contracts declining to 10 years, or
reencumbrances pursuant to Section 51295, if the county's board of
supervisors determines the application of this subdivision to them
would be inequitable or administratively infeasible.
(8) This subdivision shall remain operative only until January 1,
2015.
SEC. 14. Section 51244.3 of the
Government Code is repealed.
51244.3. (a) This section shall apply to properties under a
9-year or 18-year contract, as the case may be, pursuant to
subdivision (b) of Section 51244. Notwithstanding any other provision
to the contrary, increased revenues generated by those properties
shall be allocated exclusively to the respective counties in which
those properties are located.
(b) This section shall only apply if the county makes a
determination pursuant to either Section 16142 or Section 16142.1.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 15. Section 63048.66 of the
Government Code is amended to read:
63048.66. (a) Notwithstanding Section 63048.65 or any other
provision of this article, compact assets that are subject to
designation by the Director of Finance for sale pursuant to
subdivision (a) of Section 63048.65 and that are timely deposited or
are due for deposit in the Special Deposit Fund on or after July 1,
2008, and on or before June 30, 2011, 2016,
shall not be available for the purpose of Section 63048.65.
(b) The Director of Finance shall determine the portion of the
compact assets described in subdivision (a) that are attributable to
payments made for each fiscal year. The Director of Finance may
direct the Controller, by separate order applicable to the assets for
each fiscal year, to transfer the compact assets attributable to
that fiscal year from the Special Deposit Fund to the General Fund.
(c) Upon order of the Director of Finance, the Controller shall
transfer the compact assets as provided in subdivision (b).
(d) If any legal challenges to the issuance of bonds pursuant to
this article are settled sufficiently for the bonds to be sold, the
following shall occur:
(1) Notwithstanding subdivision (a), the tribal assets described
in subdivision (a) that are in the Special Deposit Fund, or are still
due for payment to the Special Deposit Fund, may be made available
for sale pursuant to subdivision (a) of Section 63048.65.
(2) The transfer of any compact assets to the General Fund
pursuant to this section shall be suspended until after the bonds are
sold, and any possible future transfers to the General Fund shall be
consistent with the provisions of the bond sale.
SEC. 16. Section 4003 of the
Unemployment Insurance Code is amended to read:
4003. (a) The provisions and definitions of terms in the
Federal-State Extended Unemployment Compensation Act of 1970, as
amended by the federal Omnibus Budget Reconciliation Act of 1981
(Public Law 97-35), apply to this part. "Federal-state extended
benefits" means benefits payable under this part.
(b) To the extent that the provisions and definitions of terms in
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
are in effect in federal law and are in conflict with, or
supplement the provisions and definitions applicable pursuant to
subdivision (a), the provisions and definitions of the American
Recovery and Reinvestment Act of 2009 shall apply to this part.
(c) There is an "on" indicator for purposes of federal-state
extended benefits for a week if one of the following applies:
(1) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 120 percent of the average of the rates
for the corresponding 13-week period ending in each of the preceding
two calendar years, and equaled or exceeded 5 percent.
(2) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 6 percent, regardless of the rate of
insured unemployment in the two previous years.
(3) With respect to weeks of unemployment beginning on or after
February 1, 2009, and continuing until the week ending three
four weeks prior to the last week for which 100
percent federal sharing is authorized by subdivision (a) of Section
2005 of Public Law 111-5 for all claims, except for reimbursable
entities described in Section 3306(c)(7) of the Internal Revenue
Code, both of the following apply:
(A) The average rate of total unemployment in this state,
seasonally adjusted, as determined by the United States Secretary of
Labor, for the period consisting of the most recent three months for
which data for all states are published before the close of that
week, equals or exceeds 6.5 percent.
(B) The average rate of total unemployment in this state,
seasonally adjusted, as determined by the United States Secretary of
Labor, for the three-month period referred to in subparagraph (A)
equals or exceeds 110 percent of that average rate of total
unemployment for either or both of the corresponding three-month
periods ending in the two preceding calendar years.
(d) There is an "off" indicator for a week if, for the period
consisting of that week, and the 12 weeks immediately preceding the
week, none of the criteria specified in subdivision (c) results in an
"on" indicator.
(e) For purposes of this section, the rate of insured unemployment
for a 13-week period shall be determined by reference to the average
monthly covered employment for the first four of the most recent six
calendar quarters ending before the close of the period.
(f) The indicators specified in subdivisions (c) and (d) shall be
operative only if mandated or permitted by federal law.
(g) Notwithstanding any other provision of this part, the Governor
may, if permitted by federal law, suspend the payment of extended
duration benefits under this part, to the extent necessary to ensure
that otherwise eligible individuals are not denied, in whole or in
part, the receipt of emergency unemployment compensation benefits
authorized by the federal Supplemental Appropriations Act of 2008
(Public Law 110-252), the Unemployment Compensation Extension Act of
2008 (Public Law 110-449), and the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), and that the state receives maximum
reimbursement from the federal government for the payment of those
emergency benefits.
(h) Notwithstanding the provisions of subdivision (c), with
respect to weeks of unemployment beginning on or after December 19,
2010, and continuing until the earlier of the date authorized by
Section 502(b) of Public Law 111-312, or the week ending four weeks
prior to the last week for which 100 percent federal sharing is
authorized by Section 2005(a) of Public Law 111-5 for all claims,
except for reimbursable entities described in Section 3306(c)(7) of
the Internal Revenue Code, the following applies:
(1) There is an "on" indicator for purposes of federal-state
extended benefits for a week if one of the following applies:
(A) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 120 percent of the average of the rates
for the corresponding 13-week period ending in each of the preceding
three calendar years, and equaled or exceeded 5 percent.
(B) The rate of insured unemployment under this part for the
period consisting of that week and the 12 weeks immediately preceding
the week equaled or exceeded 6 percent, regardless of the rate of
insured unemployment in the three previous years.
(C) The average rate of total unemployment in this state,
seasonally adjusted, as determined by the United States Secretary of
Labor, for the period consisting of the most recent three months for
which data for all states are published before the close of that
week, equals or exceeds 6.5 percent and the average rate of total
unemployment in this state, seasonally adjusted, as determined by the
United States Secretary of Labor, for the three-month period equals
or exceeds 110 percent of that average rate of total unemployment for
any or all of the corresponding three-month periods ending in the
three preceding calendar years.
(2) There is an "off" indicator for a week if, for the period
consisting of that week, and the 12 weeks immediately preceding the
week, none of the criteria specified in paragraph (1) results in an
"on" indicator.
(3) The indicators specified in paragraphs (1) and (2) shall be
operative only if mandated or permitted by federal law.
SEC. 17. Section 4004 of the
Unemployment Insurance Code is amended to read:
4004. (a) The department shall establish, for each eligible
individual who files an application therefor, an extended
compensation account with respect to such individual's benefit year.
The amount established in that account, subject to subdivision (b) of
this section, shall be not less than whichever of the following is
the least:
(1) Fifty percent of the total amount of regular compensation
payable to him or her during that benefit year under this division.
(2) Thirteen times his or her average weekly benefit amount.
(3) Thirty-nine times his or her average weekly benefit amount,
reduced by the regular compensation paid to him or her during that
benefit year under this division.
(b) The amount determined under subdivision (a) of this section
shall be reduced by the aggregate amount of additional compensation
paid to the individual under Part 3 (commencing with Section 3501) of
this division for prior weeks of unemployment in such benefit year
which did not begin in an extended benefit period.
(c) For purposes of subdivision (a) of this section, an individual'
s weekly benefit amount for a week is the amount of regular
compensation under Part 1 (commencing with Section 100) of this
division payable to such individual for such week of total
unemployment.
(d) With respect to weeks beginning in a high unemployment period,
subdivision (a) shall be applied in accordance with the following
percentages:
(1) In paragraph (1) of subdivision (a), 80 percent shall be
substituted for 50 percent.
(2) In paragraph (2) of subdivision (a), 20 times shall be
substituted for 13 times.
(3) In paragraph (3) of subdivision (a), 46 times shall be
substituted for 39 times.
(e) For purposes of subdivision (d), "high unemployment period"
means a period during which an extended benefit period would be in
effect if subparagraph (A) of paragraph (3) of subdivision (c) of
Section 4003 were applied by substituting 8 percent for 6.5 percent.
(f) Where subdivision (h) of Section 4003 is applicable, for
purposes of subdivision (d), "high unemployment period" means a
period during which an extended benefit period would be in effect if
subparagraph (C) of paragraph (1) of subdivision (h) of Section 4003
were applied by substituting 8 percent for 6.5 percent.
SEC. 18. Section 14004.5 is added to the
Unemployment Insurance Code , to read:
14004.5. The Consolidated Work Program Fund is hereby created in
the State Treasury, for the receipt of all moneys deposited pursuant
to the federal Workforce Investment Act. The Employment Development
Department shall be the entity responsible for administering this
section. Moneys in the fund shall be made available, upon
appropriation by the Legislature, to the department, for expenditure
consistent with the purposes of the federal Workforce Investment Act.
SEC. 19. Notwithstanding any other law, the
Director of Finance may adjust any item of appropriation for
departmental support in the Budget Act for the 2010-11 fiscal year to
reflect reductions in the rental rates charged to a state entity by
the Department of General Services for the cost of office space in
buildings owned or operated by the department.
SEC. 20. This act addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation on January
20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of
the California Constitution.
SEC. 21. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SEC. 22. 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 implement the Budget Act of 2011 at the earliest
possible time, it is necessary for this act to take effect
immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2011.