BILL NUMBER: AB 1477 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 22, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend the Budget Act of 2012 by amending Items
0250-101-0932, 2660-001-0042, 3360-001-0382,
3790-001-0392, 4260-111-0001, 4260-401, 4280-101-0001, 4280-101-3156,
4280-102-0001, 4280-102-3156, 5180-101-0001, 5180-101-0890,
6110-295-0001, 6440-301-0658, 6440-301-0705, 6610-001-0001,
6870-296-0001, 8660-001-0462, 8660-001-0471, 8660-001-0483, and
8660-001-0493 of, and by adding Items 3790-002-0392, 4260-491,
5180-496, 8860-119-0001, and 9350-101-8066 to, Section 2.00 of, and
by amending Section 3.90 of, that act, relating to the state budget,
and making an appropriation therefor, to take effect immediately,
budget bill.
LEGISLATIVE COUNSEL'S DIGEST
AB 1477, as amended, Committee on Budget. Budget Act of 2012.
The Budget Act of 2012 made appropriations for the support of
state government for the 2012-13 fiscal year.
This bill would amend the Budget Act of 2012 by revising various
items of appropriation and making other changes in the Budget Act of
2012.
This bill would declare that it is to take effect immediately as a
Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 0250-101-0932 of Section 2.00 of the Budget Act of
2012 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 1,797,061,000
Schedule:
(1) 45.10-Support for
Operation of the 1,361,563,00
Trial Courts.. 0
(2) 45.25-Compensation
of Superior Court
Judges.............. 306,829,000
(3) 45.35-Assigned
Judges.............. 26,047,000
(4) 45.45-Court
Interpreters........ 92,794,000
(5) 45.55.060-Court
Appointed Special
Advocate Program.... 2,213,000
(6) 45.55.065-Model
Self-Help Program... 957,000
(7) 45.55.090-Equal
Access Fund......... 5,482,000
(8) 45.55.095-Family
Law Information
Centers............. 345,000
(9) 45.55.100-Civil
Case Coordination... 832,000
(11) Reimbursements...... -1,000
Provisions:
1. The funds appropriated in
Schedule (2) shall be made
available for costs of the
workers' compensation program
for trial court judges.
2. The amount appropriated in
Schedule (3) shall be made
available for all judicial
assignments. Schedule (3)
expenditures for necessary
support staff may not exceed the
staffing level that is necessary
to support the equivalent of
three judicial officers sitting
on assignments. Prior to
utilizing funds appropriated in
Schedule (3), trial courts shall
maximize the use of judicial
officers who may be available
due to reductions in court
services or court closures.
3. The funds appropriated in
Schedule (4) shall be for
payments to contractual court
interpreters, and certified or
registered court interpreters
employed by the courts for
services provided during court
proceedings and other services
related to pending court
proceedings, including services
provided outside a courtroom,
and the following court
interpreter coordinators: 1.0
each in counties of the 1st
through the 15th classes, 0.5
each in counties of the 16th
through the 31st classes, and
0.25 each in counties of the
32nd through the 58th classes.
For the purposes of this
provision, ""court interpreter
coordinators'' may be full- or
part-time court employees, and
shall be certified or registered
court interpreters in good
standing under existing law.
The Judicial Council shall set
statewide or regional rates and
policies for payment of court
interpreters, not to exceed the
rate paid to certified
interpreters in the federal
court system.
The Judicial Council shall
adopt appropriate rules and
procedures for the
administration of these funds.
The Judicial Council shall
report to the Legislature and
the Director of Finance annually
regarding expenditures from
Schedule (4).
4. Upon order of the Director of
Finance, the amount available
for expenditure in this item may
be augmented by the amount of
any additional resources
available in the Trial Court
Trust Fund, which is in addition
to the amount appropriated in
this item. Any augmentation must
be approved in joint
determination with the
Chairperson of the Joint
Legislative Budget Committee and
shall be authorized not sooner
than 30 days after notification
in writing to the chairpersons
of the committees in each house
of the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the chairperson of the joint
committee, or not sooner than
whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may determine. When a
request to augment this item is
submitted to the Director of
Finance, a copy of that request
shall be delivered to the
chairpersons of the committees
and appropriate subcommittees
that consider the State Budget.
Delivery of a copy of that
request shall not be deemed to
be notification in writing for
purposes of this provision.
5. Notwithstanding any other
provision of law, upon approval
and order of the Director of
Finance, the amount appropriated
in this item shall be reduced by
the amount transferred in Item
0250-115-0932 to provide
adequate resources to the
Judicial Branch Workers'
Compensation Fund to pay
workers' compensation claims for
judicial branch employees and
judges, and administrative
costs pursuant to Section
68114.10 of the Government Code.
6. Of the funds appropriated in
Schedule (1), which will be
transferred to the State Trial
Court Improvement and
Modernization Fund in accordance
with subdivision (b) of Section
77209 of the Government Code, up
to $5,000,000 shall be available
for support of services for self-
represented litigants.
7. Upon approval by the
Administrative Director of the
Courts, the Controller shall
transfer up to $11,274,000 to
Item 0250-001-0932 for recovery
of costs for administrative
services provided to the trial
courts by the Administrative
Office of the Courts.
8. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (7) are available
for distribution by the Judicial
Council through the Legal
Services Trust Fund Commission
in support of the Equal Access
Fund Program to qualified legal
services projects and support
centers as defined in Sections
6213 to 6215, inclusive, of the
Business and Professions Code,
to be used for legal services in
civil matters for indigent
persons. The Judicial Council
shall approve awards made by the
commission if the council
determines that the awards
comply with statutory and other
relevant guidelines. Upon
approval by the Administrative
Director of the Courts, the
Controller shall transfer up to
5 percent of the funding
appropriated in Schedule (2) to
Item 0250-001-0932 for
administrative expenses. Ten
percent of the funds remaining
after administrative costs shall
be for joint projects of courts
and legal services programs to
make legal assistance available
to pro per litigants and 90
percent of the funds remaining
after administrative costs shall
be distributed consistent with
Sections 6216 to 6223,
inclusive, of the Business and
Professions Code. The Judicial
Council may establish additional
reporting or quality control
requirements consistent with
Sections 6213 to 6223,
inclusive, of the Business and
Professions Code.
9. Funds available for expenditure
in Schedule (7) may be augmented
by order of the Director of
Finance by the amount of any
additional resources deposited
for distribution to the Equal
Access Fund Program in
accordance with Sections 68085.3
and 68085.4 of the Government
Code. Any augmentation under
this provision shall be
authorized not sooner than 30
days after notification in
writing to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee, or his or her
designee, may determine.
10. Sixteen (16.0) subordinate
judicial officer positions are
authorized to be converted to
judgeships in the 2012-13 fiscal
year in the manner and pursuant
to the authority described in
subparagraph (B) of paragraph
(1) of subdivision (c) of
Section 69615 of the Government
Code, as described in the notice
filed by the Judicial Council
under subparagraph (B) of
paragraph (3) of subdivision (c)
of Section 69615.
11. Notwithstanding any other
provision of law, and upon
approval of the Director of
Finance, the amount available
for expenditure in Schedule (1)
may be increased by the amount
of any additional resources
collected for the recovery of
costs for court-appointed
dependency counsel
services.
12. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $556,000 to Item
0250-001-0932 for administrative
services provided to the trial
courts in support of the court-
appointed dependency counsel
program.
13. Upon approval of the
Administrative Director of the
Courts, the amount available for
expenditure in this item may be
augmented by the amount of
resources collected to support
the implementation and
administration of the civil
representation pilot program.
14. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $500,000 to Item
0250-001-0932 for administrative
services provided by the
Administrative Office of the
Courts to implement and
administer the Civil
Representation Pilot Program.
15. Notwithstanding any other
provision of law, during the
2012-13 fiscal year, the
Judicial Council shall allocate
$385,000,000 of reductions in
funding contained in Schedule
(1) as follows: (a) no more than
$235,000,000 shall be allocated
to each trial court based on
each court's proportionate share
of total statewide trial
court reserves, and (b) no more
than $150,000,000 shall be
allocated based on each trial
court's proportionate share of
the 2011-12 fiscal year Trial
Court Trust Fund allocation.
16. This item includes a one-time
augmentation of $86,709,000 to
offset the reductions in trial
court funding in the 2012-13
fiscal year, based on transfers
as follows: (a) $27,223,000
transferred from the State Trial
Court Improvement and
Modernization Fund, and (b)
$59,486,000 transferred from the
State Court Facilities
Construction Fund.
17. Of the amount appropriated in
this item, $46,000,000 of
planned expenditures for the
Court Case Management System
project shall instead be
redirected to offset reductions
in trial court funding in the
2012-13 fiscal year.
SEC. 2. Item 2660-001-0042 of Section 2.00 of the
Budget Act of 2012 is amended to read:
2660-001-0042--For support of Department
of Transportation, payable from the State
Highway Account, State Transportation
Fund...................................... 2,383,185,000
Schedule:
(1) 10-Aeronautics...... 4,097,000
(2) 20.10-Highway
Transportation--
Capital Outlay 1,670,441,00
Support............. 0
(3) 20.30-Highway
Transportation--
Local Assistance.... 51,804,000
(4) 20.40-Highway
Transportation--
Program Development. 74,138,000
(5) 20.65-Highway
Transportation--
Legal............... 123,634,000
(6) 20.70-Highway
Transportation--
Operations.......... 246,178,000
(7) 20.80-Highway
Transportation- 1,401,915,00
-Maintenance........ 0
(8) 30-Mass
Transportation...... 145,344,000
146,049,000
(9) 40-Transportation
Planning............ 113,697,000
121,433,000
(10) 50.10-
Administration
Program Costs....... 459,537,000
(11) 50.20-Distributed
Administration
Program Costs....... -459,537,000
(12) 60.10-Equipment
Service Program
Costs............... 186,216,000
(13) 60.20-Distributed
Equipment Service
Program Costs....... -186,216,000
(14) Reimbursements...... -360,080,000
-367,816,000
(15) Amount payable from
the Aeronautics
Account, State
Transportation Fund
(Item 2660-001-
0041)............... -3,613,000
(16) Amount payable from
the Bicycle
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0045)............... -12,000
(17) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0046)............... -159,262,000
-159,967,000
(18) Amount payable from
the Historic
Property
Maintenance Fund
(Item 2660-001-
0365)............... -1,645,000
(19) Amount payable from
the Federal Trust
Fund (Item 2660-001-
0890)............... -744,364,000
(20) Amount payable from
the State Route 99
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item
2660-004-6072)...... -31,196,000
(21) Amount payable from
the Corridor
Mobility
Improvement
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6055)............... -100,269,000
(22) Amount payable from
the Trade Corridors
Improvement Fund
(Item 2660-004-
6056)............... -4,048,000
(23) Amount payable from
the Transportation
Facilities Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 2660-
004-6058)........... -33,059,000
(24) Amount payable from
the Public
Transportation
Modernization,
Improvement, and
Service Enhancement
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item
2660-004-6059)...... -1,116,000
(25) Amount payable from
the State-Local
Partnership Program
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6060)............... -543,000
(26) Amount payable from
the Local Bridge
Seismic Retrofit
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund
of 2006 (Item 2660-
004-6062)........... -1,360,000
(27) Amount payable from
the Highway-
Railroad Crossing
Safety Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 2660-
004-6063)........... -699,000
(28) Amount payable from
the Highway Safety,
Rehabilitation, and
Preservation
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6064)............... -6,797,000
Provisions:
1. Notwithstanding any other
provision of law, funds
appropriated in this item from
the State Highway Account may be
reduced and replaced by an
equivalent amount of federal
funds determined by the
Department of Transportation to
be available and necessary to
comply with Section 8.50 and the
most effective management of
state transportation resources.
Not more than 30 days after
replacing the state funds with
federal funds, the Director of
Finance shall notify in writing
the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
this action.
2. Notwithstanding any other
provision of law, funding
appropriated in this item may be
transferred to Item 2660-005-
0042 to pay for any necessary
insurance, debt service, and
other financing-related
expenditures for Department of
Transportation-occupied office
buildings. Any transfer will
require the prior approval of
the Department of Finance.
4. Notwithstanding any other
provision of law, funds
appropriated in this item may be
supplemented with federal
funding appropriation authority
and with prior fiscal year
State Highway Account
appropriation balances at a
level determined by the
Department of Transportation as
required to process claims
utilizing federal advance
construction through the plan of
financial adjustment process
pursuant to Sections 11251 and
16365 of the Government Code.
5. Notwithstanding any other
provision of law, funds
appropriated in Item 2660-001-
0042, 50.00-Administration from
the State Highway Account, may
be reduced and replaced by an
equivalent amount of
reimbursements determined by the
Department of Transportation to
be available and necessary to
comply with Section 28.50 and
the most effective management of
state transportation resources.
The reimbursements may also be
reduced and replaced by an
equivalent amount of funds from
the State Highway Account. Not
more than 30 days after
replacing the State Highway
Account funds with
reimbursements and vice versa,
the Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Chairperson of the Joint
Legislative Budget Committee of
this action.
6. Of the funds appropriated in
Schedule (7), $231,666,000 is
for major maintenance contracts
for the preservation of highway
pavement, and shall not be used
to supplant any other funding
that would have been used for
major pavement maintenance.
7. Of the funds appropriated in
Schedule (5), $68,556,000 is for
the payment of tort lawsuit
claims and awards. Any funds for
that purpose that are
unencumbered as of April 1,
2012, may be transferred to Item
2660-302-0042. Any transfer
shall require the prior approval
of the Department of Finance.
8. Of the funds appropriated in
Schedule (2), transfers of
expenditure authority may be
made between Items 2660-001-
0042, 2660-001-0890, 2660-002-
3007, 2660-004-6055, 2660-004-
6056, 2660-004-6058, 2660-004-
6059, 2660-004-6060, 2660-004-
6062, 2660-004-6063, 2660-004-
6064, and 2660-004-6072 to
accommodate changes in capital
outlay and local assistance
program-related workload by
funding source or changes in
availability of funds. The
Department of Finance shall
authorize the transfers not
sooner than 30 days after
notification of the necessity
therefor in writing to the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Chairperson of the
Joint Legislative Budget
Committee.
9. The Department of Finance may
augment the amount appropriated
in Schedule (6) by up to
$2,000,000 for the federal
Americans with Disabilities Act
of 1990 consultant contracts if
the number of access requests
and grievances exceeds the
Department of Transportation's
projections. The Department of
Finance shall authorize the
augmentation not sooner than 30
days after notification of the
necessity therefor in writing to
the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee.
10. The Department of Finance may
augment the amount appropriated
in Schedule (2) by up to
$4,200,000 to reimburse the
Department of Transportation for
the review and approval of
environmental and engineering
documents regarding
circumstances in which the high-
speed train system interfaces
with the state highway system,
as well as specific highway
realignment projects related to
the high-speed train system.
11. Of the funds appropriated in
Schedule (4), $3,953,000 shall
be available for research
support centers and $3,118,000
shall be available for seismic
research projects.
12. Of the funds appropriated in
Schedule (9), the Department of
Transportation shall exempt
project initiation document
development and oversight
services reimbursed from local
government agencies from full
cost recovery as outlined in its
Indirect Cost Recovery Plan.
13. In order to reduce costs to
local agencies, the Department
of Transportation shall
streamline the cooperative work
agreement process related to
project initiation document
development and oversight.
SEC. 2. SEC. 3. Item 3360-001-0382
of Section 2.00 of the Budget Act of 2012 is amended to read:
3360-001-0382--For support of Energy
Resources Conservation and Development
Commission, for payment to Item 3360-001-
0465, payable from the Renewable Resource 12,435,00
Trust Fund................................... 0
Provisions:
1. The Department of Finance shall
conduct an independent audit of
the Renewable Resource Trust
Fund and its related accounts,
and provide a final audit
report to the Legislature not
later than June 30, 2013. The
Department of Finance report
shall include information
regarding revenues, payment of
awards, reserves held for
future commitments,
unencumbered cash balances, and
other matters that the Director
of Finance determines may be of
importance to the Legislature.
SEC. 3. SEC. 4. Item 3790-001-0392
of Section 2.00 of the Budget Act of 2012 is amended to read:
3790-001-0392--For support of Department of
Parks and Recreation, payable from the
State Parks and Recreation Fund............. 126,946,000
Schedule:
(1) For support of
Department of Parks
and Recreation....... 399,099,000
(1.5) Legal Services....... 341,000
(2) Reimbursements....... -33,167,000
(3) Less funding
provided by capital
outlay............... -4,000,000
(3.5) Amount payable from
the General Fund
(Item 3790-001-0001). -112,015,000
(4) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection
(Villaraigosa-Keeley
Act) Bond Fund (Item
3790-001-0005)....... -1,683,000
(5)
Amount payable from
the California
Environmental
License Plate Fund
(Item 3790-001-0140). -3,268,000
(6) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
3790-001-0235)....... -10,019,000
(7) Amount payable from
the Off-Highway
Vehicle Trust Fund
(Item 3790-001-0263). -60,068,000
(8) Amount payable from
the Winter
Recreation Fund
(Item 3790-001-0449). -347,000
(9) Amount payable from
the Harbors and
Watercraft Revolving
Fund (Item 3790-001-
0516)................ -2,130,000
(10) Amount payable from
the Federal Trust
Fund (Item 3790-001-
0890)................ -7,475,000
(11) Amount payable from
the California Main
Street Program Fund
(Item 3790-001-3077). -175,000
(12) Amount payable from
the California Clean
Water, Clean
Air, Safe
Neighborhood Parks,
and Coastal
Protection Fund
(Item 3790-001-6029). -2,381,000
(13) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3790-001-6031)....... -371,000
(14) Amount payable from
the Safe
Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-001-6051)....... -7,229,000
(15) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-003-6051)....... -15,044,000
(16) Amount payable from
the Disaster
Preparedness and
Flood Prevention
Bond Fund of 2006
(Item 3790-001-6052). -122,000
(17) Amount payable from
the California State
Park Enterprise Fund
(Item 3790-001-8072). -13,000,000
Provisions:
1. Of the funds appropriated in this
act from special funds, other
than the Off-Highway Vehicle
Trust Fund and bond funds, to the
Department of Parks and
Recreation for local assistance
grants to local agencies, the
department may allocate an amount
not to exceed 3.7 percent of each
project's allocation, except to
the extent otherwise restricted
by law, to allow the department
to administer its grants. Those
funds shall be available for
encumbrance or expenditure until
June 30, 2018.
2. It is the intent of the
Legislature that salaries, wages,
operating expenses, and positions
associated with implementing
specific Department of
Parks and Recreation capital
outlay projects continue to be
funded through capital outlay
appropriations, and that these
funds should also be reflected in
the department's state operations
budget in the Governor's Budget
as a special item of expense
reflecting the funding provided
from the capital outlay
appropriations.
3. Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund, in an amount
not to exceed 35 percent of
reimbursements appropriated in
this item to the Department of
Parks and Recreation, provided
that:
(a) The loan is to meet cash
needs resulting from the
delay in receipt of
reimbursements for
services provided.
(b) The loan is for a short
term and shall be repaid
by September 30, 2013.
(c) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(d) The Director of Finance
may not approve the loan
unless the approval is
made in writing and filed
with the Chairperson of
the Joint Legislative
Budget Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval, or
not later than whatever
lesser time prior to that
effective date that the
chairperson of the joint
committee, or his or her
designee, may determine.
4. The Department of Parks and
Recreation is authorized to enter
into a contract for fee
collection and other services
required by the department with a
cooperative association that has
and will continue to fund
state employees on an ongoing
basis.
5. Of the amount appropriated in
this item, $6,000,000 shall be
available for support or capital
outlay and expenditure and
encumbrance until June 30, 2014,
for water, wastewater, and sewer
system projects.
SEC. 4. SEC. 5. Item 3790-002-0392
is added to Section 2.00 of the Budget Act of 2012, to read:
3790-002-0392--For support of Department of
Parks and Recreation, payable from the State
Parks and Recreation Fund ................... 2,000,000
Schedule:
(1) For support of Department
of Parks and Recreation.... 2,000,000
Provisions:
1. Notwithstanding any other provision
of law, upon request of the
Department of Parks and Recreation,
and approval by the Department of
Finance, the Controller shall adjust
the appropriation related to the
federal agreements between the
Department of Parks and Recreation
and the National Park Service for
Del Norte Coast Redwoods State Park,
Samuel P. Taylor State Park, and
Tomales Bay State Park. The
Department of Finance shall approve
the adjustments not sooner than 30
days after notification in writing
to the Joint Legislative Budget
Committee.
SEC. 5. SEC. 6. Item 4260-111-0001
of Section 2.00 of the Budget Act of 2012 is amended to read:
4260-111-0001--For local assistance,
Department of Health Care Services........ 174,189,000
Schedule:
(1) 20.25-Children's
Medical Services.... 380,745,000
(2) 20.35-Primary and
Rural Health........ 1,054,000
(3) 20.45-Other Care
Services............ 109,472,000
(4) Reimbursements...... -55,672,000
(5) Amount payable from
the Breast Cancer
Control Account
(Item 4260-111-
0009)............... -7,912,000
(6) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 4260-111-
0080)............... -22,000
(7) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-111-
0236)............... -22,081,000
(8) Amount payable from
the Federal Trust
Fund (Item 4260-111-
0890)............... -231,395,000
Provisions:
1. Program 20.25-Children's Medical
Services: Counties may retain 50
percent of total enrollment and
assessment fees that are
collected by the counties for
the California Children's
Services Program. Fifty percent
of the enrollment and assessment
fee for each county shall be
offset from the state's match
for that county.
2. Notwithstanding any other
provision of law, the Department
of Finance may authorize
transfer of expenditure
authority between this item and
Items 4260-101-0001, 4260-102-
0001, 4260-113-0001, and 4260-
117-0001 in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such transfer unless
prior notification of the
transfer has been included in
the Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code. The 10-day notification to
the Legislature shall include
the reasons for the transfer,
the fiscal assumptions used in
calculating the transfer amount,
and any potential fiscal effects
on the program from which funds
are being transferred or reduced.
3. The State Department of Health
Care Services shall convene a
diverse workgroup, that, at a
minimum, represents families
enrolled in the California
Children's Services (CCS)
Program, counties, specialty
care providers, children's
hospitals, and medical suppliers
to discuss the administrative
structure of the CCS Program,
including eligibility
determination processes, the use
and content of needs assessment
tools in case management, and
the processes used for treatment
authorizations. The purpose of
this workgroup will be to
identify methods for
streamlining, identifying
administrative cost
efficiencies, and developing
better utilization of both state
and county staff, as applicable,
in meeting the needs of children
and families accessing the CCS
Program. The department may
provide the appropriate policy
and fiscal committees of the
Legislature with periodic
updates of outcomes as
appropriate.
SEC. 6. SEC. 7. Item 4260-401 of
Section 2.00 of the Budget Act of 2012 is amended to read:
4260-401--The balances of the appropriations
provided for in the following items shall be
transferred to the Department of Health Care
Services, as of June 30, 2012, to carry out
the liquidation of these appropriations:
(1) Items 4440-101-0001, 4440-103-0001,
4440-105-0001, 4440-001-0890, 4440-101-
0890, 4440-001-3085, and 4440-101-
3085, Budget Act of 2010 (Ch. 712,
Stats. 2010)
(2) Items 4440-101-0001, 4440-103-0001,
4440-105-3085, 4440-001-0890, 4440-101-
0890, 4440-001-3085, and 4440-101-
3085, Budget Act of 2011 (Ch. 33,
Stats. 2011)
SEC. 7. SEC. 8. Item 4260-491 is
added to Section 2.00 of the Budget Act of 2012, to read:
4260-491--Reappropriation, Department of
Health Care Services. Notwithstanding any
other provision of law, as of July 1, 2012,
the appropriation provided in the following
citation shall be transferred from the State
Department of Public Health to the State
Department of Health Care Services. The
reappropriated amount is for the purposes
specified and shall be available for
encumbrance or expenditure until June 30,
2014.
0001--General Fund
(1) Item 4265-111-0001, Budget Act of
2010 (Ch. 712, Stats. 2010)
(1) Up to $10,644,000 is available
for reappropriation for local
assistance costs for the Every
Woman Counts Program.
SEC. 8. SEC. 9. Item 4280-101-0001
of Section 2.00 of the Budget Act of 2012 is amended to read:
4280-101-0001--For local assistance,
Managed Risk Medical Insurance Board, for
the Healthy Families Program.............. 159,603,000
Schedule:
(1) 20-Access for
Infants and Mothers
Program............. 71,883,000
(2) 40-Healthy Families
Program............. 968,712,000
(3) Amount payable from
the Federal Trust
Fund (Item 4280-101-
0890)............... -697,859,000
(4) Amount payable from
the Children's
Health and Human
Services Special
Fund (Item 4280-101-
3156)............... -183,133,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-102-0001 in order to
effectively administer the
Healthy Families Program.
2. The Managed Risk Medical
Insurance Board shall use all
available, designated funds for
the Healthy Families Program
from the Children's Health and
Human Services Special Fund
before General Fund moneys are
used.
3. The Department of Finance
may authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or
4260-113-0001, or both of those
items, and position authority
from the Managed Risk Medical
Insurance Board to the State
Department of Health Care
Services, as it pertains to the
transition of the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority
approved under this provision
not less than 30 days prior to
the effective date of the
approval. This notification
shall include (a) a
comprehensive description of the
program transfer, including the
number of children affected and
plans affected, and (b) all
assumptions used in calculating
the amount of expenditure and
position authority transferred.
SEC. 9. SEC. 10. Item 4280-101-3156
of Section 2.00 of the Budget Act of 2012 is amended to read:
4280-101-3156--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-101-0001, payable
from the Children's Health and Human
Services Special Fund, for the Healthy
Families Program........................... 183,133,000
Provisions:
1. Funds appropriated in
this item are in lieu of the
amounts that otherwise would
have been appropriated for
administration pursuant to
Section 12201 of the Revenue
and Taxation Code.
2. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4280-102-3156 in
order to effectively
administer the Healthy
Families Program.
3. Provision 2 of Item 4280-101-
0001 also applies to this item.
4. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4260-101-
0001, 4260-101-3156, or 4260-
113-0001, or any combination
of those items, and position
authority from the Managed
Risk Medical Insurance Board
to the State Department of
Health Care Services, as it
pertains to the transition of
the Healthy Families Program
to the State Department of
Health Care Services. Any
transfer shall be consistent
with the transition plan, or
components of a transition
plan, as provided to the
Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under this
provision not less than 30
days prior to the effective
date of the approval. This
notification shall include (a)
a comprehensive description of
the program transfer,
including the number of
children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure and position
authority transferred.
SEC. 10. SEC. 11. Item 4280-102-0001
of Section 2.00 of the Budget Act of 2012 is amended to read:
4280-102-0001--For local assistance, Managed
Risk Medical Insurance Board, for Healthy
Families Program administrative contracts..... 3,564,000
Schedule:
(1) 40-Healthy Families
Program................ 55,876,000
(2) Reimbursements......... -8,094,000
(3) Amount payable from
the Federal Trust Fund
(Item 4280-102-0890)... -35,585,000
(4) Amount payable from
the Children's Health
and Human Services
Special Fund (Item
4280-102-3156)......... -8,633,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-101-0001 in order to
effectively administer the
Healthy Families Program.
2. Provision 2 of Item 4280-101-0001
also applies to this item.
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or 4260-
113-0001, or both of those items,
and position authority from the
Managed Risk Medical Insurance
Board to the State Department of
Health Care Services, as it
pertains to the transition of the
Healthy Families Program to the
State Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to the
Legislature as required in state
statute regarding these program
transfers.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective date
of the approval. This notification
shall include (a) a comprehensive
description of the program
transfer, including the number of
children affected and plans
affected, and (b) all assumptions
used in calculating the amount of
expenditure and position authority
transferred.
SEC. 11. SEC. 12. Item 4280-102-3156
of Section 2.00 of the Budget Act of 2012 is amended to read:
4280-102-3156--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-102-0001, payable from
the Children's Health and Human Services
Special Fund, for Healthy Families Program
administrative contracts.................... 8,633,000
Provisions:
1. Funds appropriated in this item are
in lieu of the amounts that
otherwise would have been
appropriated for administration
pursuant to Section 12201 of the
Revenue and Taxation Code.
2. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-101-3156 in order to
effectively administer the Healthy
Families Program.
3. Provision 2 of Item 4280-101-0001
also applies to this item.
SEC. 12. SEC. 13. Item 5180-101-0001
of Section 2.00 of the Budget Act of 2012 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services............ 1,648,532,000
Schedule:
(1) 16.30-CalWORKs...... 4,811,070,00
0
(2) 16.65-Other
Assistance Payments. 819,249,000
(3) Reimbursements...... -759,000
(4) Amount payable from
the Emergency Food
Assistance Program
Fund (Item 5180-101-
0122)............... -640,000
(5) Amount payable from
the Federal Trust
Fund (Item 5180-101- -3,970,542,0
0890)............... 00
(6) Amount payable from
the Child Support
Collections
Recovery Fund (Item
5180-101-8004)...... -9,846,000
Provisions:
1. (a) No funds appropriated in
this item shall be
encumbered unless every
rule or regulation
adopted and every all-
county letter issued by
the State Department of
Social Services that adds
to the costs of any
program is approved by
the Department of Finance
as to the availability of
funds before it becomes
effective. In making the
determination as to
availability of funds to
meet the expenditures of
a rule, regulation, or
all-county letter that
would increase the costs
of a program, the
Department of Finance
shall consider the amount
of the proposed increase
on an annualized basis,
the effect the change
would have on the
expenditure limitations
for the program set forth
in this act, the extent
to which the rule,
regulation, or all-county
letter constitutes a
deviation from the
premises under which the
expenditure limitations
were prepared, and any
additional factors
relating to the fiscal
integrity of the program
or the state's fiscal
situation.
(b) Notwithstanding Sections
28.00 and 28.50,
the availability of funds
contained in this item
for rules, regulations,
or all-county letters
that add to program costs
funded from the General
Fund in excess of
$500,000 on an annual
basis, including those
that are the result of a
federal regulation, but
excluding those that are
(a) specifically required
as a result of the
enactment of a federal or
state law or (b) included
in the appropriation made
by this act, shall not be
approved by the
Department of Finance
sooner than 30 days after
notification in writing
to the chairpersons of
the committees in each
house of the Legislature
that consider
appropriations and the
Chairperson of the Joint
Legislative Budget
Committee, or sooner than
such lesser time after
notification as the
chairperson of the joint
committee, or his or her
designee, may in each
instance determine.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $500,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the federal share of costs of a
program or programs when the
federal funds have not been
received by this state prior to
the usual time for transmitting
that federal share to the
counties of this state. This
loan from the General Fund shall
be repaid when the federal share
of costs for the program or
programs becomes available.
3. The Department of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the costs of the administrative
hearing process associated with
the CalWORKs program.
4. (a) The Department of Finance
is authorized to approve
expenditures in those
amounts made necessary by
changes in either
caseload or payments,
including, but not
limited to, the timing of
federal payments, or any
rule or regulation
adopted and any all-
county letter issued as a
result of the enactment
of a federal or state
law, the adoption of a
federal regulation, or a
court action, during the
2012-13 fiscal year that
are within or in excess
of amounts appropriated
in this act for that year.
(b) If the Department of
Finance determines that
the estimate of
expenditures will exceed
the expenditures
authorized for this item,
the department shall so
report to the
Legislature. At the time
the report is made, the
amount of the
appropriation made in
this item shall be
increased by the amount
of the excess unless and
until otherwise provided
by law.
5. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established
pursuant to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) may not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
6. In the event of declared
disaster and upon county
request, the State Department of
Social Services may act in the
place of any county and assume
direct responsibility for the
administration of eligibility
and grant determination. Upon
recommendation of the Director
of Social Services, the
Department of Finance may
authorize the transfer of funds
from this item and Item 5180-101-
0890, to Items 5180-001-0001 and
5180-001-0890, for this purpose.
7. Pursuant to the Electronic
Benefit Transfer (EBT) Act
(Chapter 3 (commencing with
Section 10065) of Part 1 of
Division 9 of the Welfare and
Institutions Code) and in
accordance with the EBT System
regulations (Manual of Policies
and Procedures Section 16-
401.15), in the event a county
fails to reimburse the EBT
contractor for settlement of EBT
transactions made against the
county's cash assistance
programs, the state is required
to pay the contractor. The State
Department of Social Services
may use funds from this item to
reimburse the EBT contractor for
settlement on behalf of the
county. The county shall be
required to reimburse the
department for the county's
settlement via direct payment or
administrative offset.
8. The Department of Finance is
authorized to approve
expenditures for the California
Food Assistance Program in those
amounts made necessary by
changes in the CalFresh Program
Standard Utility Allowance,
including those that result from
midyear Standard Utility
Allowance adjustments requested
by the state. If the Department
of Finance determines that the
estimate of expenditures will
exceed the expenditure authority
of this item, the department
shall so report to the
Legislature. At the time the
report is made, the amount of
the appropriation made in this
item shall be increased by the
amount of the excess unless and
until otherwise provided by law.
SEC. 13. SEC. 14. Item 5180-101-0890
of Section 2.00 of the Budget Act of 2012 is amended to read:
5180-101-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-101-0001, payable
from the Federal Trust Fund............... 3,970,542,000
Provisions:
1. Provisions 1, 4, 6, and 7 of
Item 5180-101-0001 also apply
to this item.
2. The Director of Finance may
authorize the transfer of
amounts from this item to
Item 5180-001-0890 in order
to fund the costs of the
administrative hearing
process associated with the
CalWORKs program.
3. For the purpose of broadening
access to federal Child and
Adult Care Food Program
benefits for low-income
children in proprietary child
care centers, the State
Department of Social Services
may transfer up to
$10,000,000 of the funds
appropriated in this item for
Program 16.30--CalWORKs, from
the Temporary Assistance for
Needy Families (TANF) block
grant to the Social Services
Block Grant (Title XX)
pursuant to authorization in
the federal Personal
Responsibility and Work
Opportunity Reconciliation
Act of 1996 (P.L. 104-193).
The Title XX funds shall be
pooled with TANF funds
appropriated in this item for
CalWORKs Child Care. This
transfer shall occur only if
the Director of Finance
approves the pooling of Title
XX funds with Child Care and
Development Fund or TANF
funds, or both.
4. Upon request of the State
Department of Social
Services, the Director of
Finance may increase or
decrease the expenditure
authority in this item to
offset any increases or
decreases in collections
deposited in the Child
Support Collections Recovery
Fund and appropriated
in Item 5180-101-8004. The
Department of Finance shall
provide notification of the
adjustment to the Joint
Legislative Budget Committee
within 10 working days from
the date of Department of
Finance approval of the
adjustment.
5. Upon request of the
Department of Finance, the
Controller shall transfer
funds between this item and
Item 5180-153-0890 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the
Title IV-E Child Welfare
Waiver Demonstration Project
pursuant to Section 18260 of
the Welfare and Institutions
Code. The Department of
Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision. The transfer shall
be authorized at the time the
report is made.
SEC. 14. SEC. 15. Item 5180-496 is
added to Section 2.00 of the Budget Act of 2012, to read:
5180-496--Reversion, Department of Social
Services. As of June 30, 2012, the balances
specified below of the appropriations provided
in the following citations shall revert to the
balances in the funds from which the
appropriations were made:
0890--Federal Trust Fund
(1) Item 5180-101-0890, Budget Act of 2011
(Ch. 33, Stats. 2011). An amount of
$80,000,000 appropriated for the
CalWORKs program.
SEC. 15. SEC. 16. Item 6110-295-0001
of Section 2.00 of the Budget Act of 2012 is amended to read:
6110-295-0001--For local assistance, Department
of Education (Proposition 98), for transfer to
Section A of the State School Fund, for
reimbursement, in accordance with the provisions
of Section 6 of Article XIII B of the
California Constitution or Section 17561 of the
Government Code, of the cost of any new program
or increased level of service of an existing
program mandated by statute or executive order, 41,0
for disbursement by the Controller................ 00
Schedule:
(1) 98.01.003.677-Consolidation
of Annual Parent
Notification/Schoolsite
Discipline
Rules/Alternative Schools
(Ch. 36, Stats. 1977, et
al.) (CSM 4445, 4453, 4461,
4462, 4474, 4488, 97-TC-24,
99-TC-09, 00-TC-12)......... 1,000
(2) 98.01.009.894-Caregiver
Affidavits (Ch. 98, Stats.
1994) (CSM 4497)............ 1,000
(3) 98.01.048.675-Mandate
Reimbursement Process (Ch.
486, Stats. 1975) (CSM
4485)....................... 1,000
(4) 98.01.049.802-Notification
of Truancy (Ch. 498, Stats.
1983) (CSM 4133)............ 1,000
(5) 98.01.049.803-Pupil
Suspensions, Expulsions,
Expulsion Appeals (Ch. 498,
Stats. 1983, et al.) (CSM
4455, 4456, and 4463)....... 1,000
(6) 98.01.078.192-Charter
Schools I, II, and III (Ch.
781, Stats. 1992) (CSM 4437
et al., 99-TC-03/99-TC-14).. 1,000
(7) 98.01.081.891-AIDS
Instruction I and AIDS
Prevention Instruction II
(Ch. 818, Stats. 1991; Ch.
403, Stats. 1998) (CSM
4422; 99-TC-07, 00-TC-01)... 1,000
(8) 98.01.096.175-Collective
Bargaining (Ch. 961, Stats.
1975) (CSM 4425, 97-TC-08).. 1,000
(9) 98.01.096.577-Pupil Health
Screenings (Ch. 1208,
Stats. 1976) (CSM 4440)..... 1,000
(10) 98.01.097.595-Physical
Performance Tests (Ch. 975,
Stats. 1995) (96-365-01).... 1,000
(11) 98.01.101.184-Juvenile
Court Notices II (Ch. 1011,
Stats. 1984; Ch. 1423,
Stats. 1984) (CSM 4475)..... 1,000
(12) 98.01.110.784-Removal of
Chemicals (Ch. 1107, Stats.
1984) (CSM 4211,
4298)....................... 0
(13) 98.01.111.789-Consolidation
of Law Enforcement Agency
Notifications (LEAN) and
Missing Children Reports
(MCR) (Ch. 1117, Stats.
1989) (CSM 4505, 4505-2).... 1,000
(14) 98.01.117.677-Immunization
Records (Ch. 1176, Stats.
1977) (SB 90-120)........... 1,000
(15) 98.01.118.475-Habitual
Truants (Ch. 1184, Stats.
1975) (CSM 4487, 4487-A).... 1,000
(16) 98.01.130.689-Consolidation
of Notification to
Teachers: Pupils Subject to
Suspension or Expulsion I
and II, and Pupil
Discipline Records (Ch.
1306, Stats. 1989) (CSM
4452)....................... 1,000
(17) 98.01.134.780-Scoliosis
Screening (Ch. 1347, Stats.
1980) (CSM 4195)............ 0
(18) 98.01.030.995-Pupil
Residency Verification and
Appeals (Ch. 309, Stats.
1995) (96-384-01)........... 0
(19) 98.01.058.897-Criminal
Background Checks I (Ch.
558, Stats. 1997) (97-TC-
16) ........................ 1,000
(20) 98.01.083.194-School Bus
Safety I and II (Ch. 624,
Stats. 1992; Ch. 831,
Stats. 1994; Ch. 739,
Stats. 1997) (97-TC-22)..... 0
(21) 98.01.064.186-Open
Meetings/Brown Act (Ch.
641, Stats. 1986) (CSM
4257)....................... 1,000
(22) 98.01.361.977-Financial and
Compliance Audits (Ch. 36,
Stats. 1977) (CSM 4498,
4498-A)..................... 1,000
(23) 98.01.064.097-Physical
Education Reports (Ch. 640,
Stats. 1997) (98-TC-08)..... 0
(24) 98.01.112.096-Health
Benefits for Survivors of
Peace Officers and
Firefighters (Ch. 1120,
Stats. 1996) (97-TC-25)..... 0
(25) 98.01.091.787-County Office
of Education Fiscal
Accountability Reporting
(Ch. 917, Stats. 1987, et
al.) (97-TC-20)............. 1,000
(26) 98.01.010.081-School
District Fiscal
Accountability Reporting
(Ch. 100, Stats. 1981) (97-
TC-19)...................... 1,000
(27) 98.01.012.693-Law
Enforcement Sexual
Harassment Training (Ch.
126, Stats. 1993) (97-TC-
07)......................... 0
(28) 98.01.078.495-County
Treasury Withdrawals (Ch.
784, Stats. 1995) (96-365-
03)......................... 0
(29) 98.01.073.697-Comprehensive
School Safety Plans (Ch.
736, Stats. 1997) (98-TC-
01, 99-TC-10)............... 1,000
(30) 98.01.032.578-Immunization
Records-- Hepatitis B (Ch.
325, Stats. 1978; Ch. 435,
Stats. 1979) (98-TC-05)..... 1,000
(31) 98.01.119.280-School
District Reorganization
(Ch. 1192, Stats.
1980; Ch. 1186, Stats.
1994) (98-TC-24)............ 1,000
(32) 98.01.059.498-Criminal
Background Checks II (Ch.
594, Stats. 1998, Ch. 840,
Stats. 1998, Ch. 78, Stats.
1999) (00-TC-05)............ 1,000
(33) 98.01.117.096-Grand Jury
Proceedings (Ch. 1170,
Stats. 1996, et al.) (98-TC-
27)......................... 0
(34) 98.01.074.398-Pupil
Promotion and Retention
(Ch. 100, Stats. 1981, et
al.) (98-TC-19)............. 1,000
(35) 98.01.030.098-Differential
Pay and Re-employment (Ch.
30, Stats. 1998) (99-TC-02). 1,000
(36) 98.01.007.778-Absentee
Ballots (Ch. 77, Stats.
1978; Ch. 1032, Stats.
2002) (02-PGA-02)........... 1,000
(37) 98.01.089.300-Agency Fee
Arrangements (Ch. 893,
Stats. 2000; Ch. 805,
Stats. 2001) (00-TC-17 and
01-TC-14)................... 1,000
(38) 98.01.498.083-The Stull Act
(Ch. 498, Stats. 1983; Ch.
4, Stats. 1999) (98-TC-25).. 1,000
(39) 98.01.124.992-Threats
Against Peace Officers (Ch.
1249, Stats. 1992 et al.)... 1,000
(40) 98.01.060.394-CA State
Teachers Retirement System
Services Credit (Ch. 603,
Stats. 1994 et al.) (02-TC-
19)......................... 1,000
(41) 98.01.498.830-Pupil Safety
Notices (Ch. 498, Stats.
1983 et al.) (02-TC-13)..... 1,000
(42) 98.01.146.389-School
Accountability Report Cards
II & III (Ch. 912, Stats.
1997 et al.) (00-TC-09/00-
TC-13; 02-TC-32)............ 1,000
(43) 98.01.124.978-Prevailing
Wage (Ch. 1249, Stats.
1978) (01-TC-28)............ 1,000
(44) 98.01.016.193-Intradistrict
Attendance (Ch. 161, Stats.
1993) (CSM 4454)............ 1,000
(45) 98.01.013.599-California
High School Exit
Examination (Ch. 135,
Stats. 1999) (00-TC-06)..... 1,000
(46) 98.01.059.389-Student
Records (Ch. 593, Stats.
1989) (02-TC-34)............ 1,000
(47) 98.01.003.999-Academic
Performance Index (Ch. 3,
1999-2000 1st Ex. Sess., et
al.) (01-TC-22)............. 1,000
(48) 98.01.064.087-Child
Abuse and Neglect Reporting
(Ch. 640, Stats. 1987, et
al.) (01-TC-21)............. 1,000
(49) 98.01.125.375-Expulsion of
Pupil: Transcript Cost for
Appeals (Ch. 1253, Stats.
1975)....................... 1,000
(50) 98.01.017.201-Interdistrict
Attendance Permits (Ch.
172, Stats. 1986, et al.)
(CSM-4442).................. 1,000
Provisions:
1. Pursuant to Section 17581.5 of the
Government Code, mandates included in
the language of this item are
specifically identified by the
Legislature for suspension during the
2012-13 fiscal year:
(12) 98.01.110.784-Removal of
Chemicals (Ch. 1107, Stats.
1984) (CSM 4211, 4298)
(17) 98.01.134.780-Scoliosis
Screening (Ch. 1347, Stats.
1980) (CSM 4195)
(18) 98.01.030.995-Pupil Residency
Verification and Appeals (Ch.
309, Stats. 1995) (96-384-01)
(20) 98.01.083.194-School Bus
Safety I and II (Ch. 624,
Stats. 1992; Ch. 831, Stats.
1994; Ch. 739, Stats. 1997)
(97-TC-22)
(23) 98.01.064.097-Physical
Education Reports (Ch. 640,
Stats. 1997) (98-TC-08)
(24) 98.01.112.096-Health Benefits
for Survivors of Peace
Officers and Firefighters
(Ch. 1120, Stats. 1996) (97-
TC-25)
(27) 98.01.012.693-Law Enforcement
Sexual Harassment Training
(Ch. 126, Stats. 1993) (97-TC-
07)
(28) 98.01.078.495-County Treasury
Withdrawals (Ch. 784, Stats.
1985) (96-365-03)
(33) 98.01.117.096-Grand Jury
Proceedings (Ch. 1170, Stats.
1996) (98-TC-27)
2. If the amount appropriated in this
item is less than the amount required
to fund eligible claims contained in
this item, the Controller shall
prorate the payments accordingly.
SEC. 16. SEC. 17. Item 6440-301-0658
of Section 2.00 of the Budget Act of 2012 is amended to read:
6440-301-0658--For capital outlay,
University of California, payable from the
1996 Higher Education Capital Outlay Bond
Fund ........................................ 6,532,000
Schedule:
Santa Cruz Campus
(1) 99.07.185-Infrastructure
Improvements, Phase 2-
-Construction.............. 6,532,000
Provisions:
1. Identified savings in funds
encumbered from this general
obligation bond fund for
construction contracts for capital
outlay projects, remaining after
completion of a capital outlay
project and upon resolution of all
change orders and claims, may be
used prior to the appropriation
reversion date: (a) to begin
working drawings for a project for
which preliminary plan funds have
been appropriated and the plans have
been approved by the State Public
Works Board consistent with the
scope and cost approved by the
Legislature as adjusted for
inflation only, (b) to proceed
further with the underground tank
corrections program, (c) to perform
engineering evaluations on buildings
that have been identified as
potentially in need of seismic
retrofitting, (d) to proceed with
design and construction of projects
to meet requirements under the
federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), or (e) to fund minor capital
outlay projects.
2. The funds provided in this item
shall be available for expenditure
only if the University of California
requires the payment of prevailing
wage rates by the contractors and
subcontractors on all projects in
this item and on all other capital
outlay projects undertaken by the
University of California that are
funded using nonstate funds or are
otherwise not financed with the
funds appropriated in this item.
This requirement shall represent a
moratorium on granting further
exceptions to paying prevailing wage
rates until June 30, 2013.
SEC. 17. SEC. 18. Item 6440-301-0705
of Section 2.00 of the Budget Act of 2012 is amended to read:
6440-301-0705--For capital outlay,
University of California, payable from the
1992 Higher Education Capital Outlay Bond
Fund......................................... 1,200,000
Schedule:
Santa Cruz Campus
(1) 99.07.185-Infrastructure
Improvements, Phase 2-
-Construction.............. 1,200,000
Provisions:
1. Identified savings in funds
encumbered from this general
obligation bond fund for
construction contracts for capital
outlay projects, remaining after
completion of a capital outlay
project and upon resolution of all
change orders and claims, may
be used prior to the appropriation
reversion date: (a) to begin working
drawings for a project for which
preliminary plan funds have been
appropriated and the plans have been
approved by the State Public Works
Board consistent with the scope and
cost approved by the Legislature as
adjusted for inflation only, (b) to
proceed further with the underground
tank corrections program, (c) to
perform engineering evaluations on
buildings that have been identified
as potentially in need of seismic
retrofitting, (d) to proceed with
design and construction of projects
to meet requirements under the
federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), or (e) to fund minor capital
outlay projects.
2. The funds provided in this item
shall be available for expenditure
only if the University of California
requires the payment of prevailing
wage rates by the contractors and
subcontractors on all projects in
this item and on all other capital
outlay projects undertaken by the
University of California that are
funded using nonstate funds or are
otherwise not financed with the
funds appropriated in this item.
This requirement shall represent a
moratorium on granting further
exceptions to paying prevailing wage
rates until June 30, 2013.
SEC. 18. Item 6610-001-0001 of Section 2.00 of
the Budget Act of 2012 is amended to read:
6610-001-0001--For support of California
State University......................... 1,936,597,000
Schedule:
(1) Support............. 1,936,597,00
0
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00, except as otherwise
provided by the applicable
sections of the Government Code
referred to in Section 31.00.
2. Of the amount appropriated in
this item, $350,000 is for
transfer to the Affordable
Student Housing Revolving Fund
for the purpose of subsidizing
interest costs in connection
with bond financing for
construction of affordable
student housing at the Fullerton
and East Bay campuses in
accordance with Article 3
(commencing with Section 90085)
of Chapter 8 of Part 55 of
Division 8 of Title 3 of the
Education Code.
7. Of the funds appropriated in
this item, $33,785,000 is
provided for student financial
aid grants. These financial aid
funds shall be provided to needy
students according to the
nationally accepted needs
analysis methodology.
8. If the Director of Finance
reduces appropriations pursuant
to subdivision (a) of Section
3.62, the California State
University (CSU) shall not make
budget reductions to any
individual student academic
preparation and outreach program
that is greater, proportionally,
than the reduction in overall
General Fund support for the
university. The university shall
submit a report on the
reduction made to these programs
to the fiscal committees of each
house of the Legislature no
later than April 1, 2013.
11. Notwithstanding Section 89704 of
the Education Code or any other
provision of law, the Chancellor
of the California State
University may transfer such
balances he or she deems
necessary from the State
University Continuing Education
Revenue Fund or any other
revenues received from extension
programs and other self-
supporting instructional
programs to the California State
University Trust Fund, or to
trust accounts pursuant to
Section 89721 of the Education
Code, for expenditure in order
to mitigate impacts to state-
supported instructional programs
that would result from
reductions in state General Fund
appropriations for support of
the university. The Chancellor
shall report within 10 days to
the Director of Finance and
to the Chairperson of the Joint
Legislative Budget Committee on
any amounts transferred pursuant
to this provision. The
Legislature expects the
California State University to
enroll a total of 331,716 state-
supported full-time equivalent
students during the 2012-13
academic year. This enrollment
target does not include
nonresident students and
students enrolled in nonstate
supported summer programs. The
Chancellor shall report to the
Director of Finance and to the
Chairperson of the Joint
Legislative Budget Committee (a)
by May 1, 2013, on whether the
California State University has
met the 2012-13 academic year
enrollment goal, and (b) by June
30, 2013, on the impact of
any transfer on self-supporting
instructional programs and
related fees and the use of any
transferred funds. It is
the intent of the Legislature
that the transfer authority is
one-time in nature and effective
only for the 2012-13 fiscal year.
SEC. 19. Item 6610-001-0001 of Section 2.00 of the
Budget Act of 2012 is amended to read:
6610-001-0001--For support of California
State University......................... 1,936,597,000
Schedule:
(1) Support............. 1,936,597,00
0
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00, except as otherwise
provided by the applicable
sections of the Government Code
referred to in Section 31.00.
2. Of the amount appropriated in
this item, $350,000 is for
transfer to the Affordable
Student Housing Revolving Fund
for the purpose of subsidizing
interest costs in connection
with bond financing for
construction of affordable
student housing at the Fullerton
and East Bay campuses in
accordance with Article 3
(commencing with Section
90085) of Chapter 8 of Part 55
of Division 8 of Title 3 of the
Education Code.
7. Of the funds appropriated in
this item, $33,785,000 is
provided for student financial
aid grants. These financial aid
funds shall be provided to needy
students according to the
nationally accepted needs
analysis methodology.
8. If the Director of Finance
reduces appropriations pursuant
to subdivision (a) of Section
3.62, the California State
University (CSU) shall not make
budget reductions to any
individual student academic
preparation and outreach program
that is greater, proportionally,
than the reduction in overall
General Fund support for the
university. The university shall
submit a report on the reduction
made to these programs to the
fiscal committees of each house
of the Legislature no later than
April 1, 2013.
11. Notwithstanding Section 89704 of
the Education Code or any other
provision of law, the Chancellor
of the California State
University may transfer such
balances he or she deems
necessary from the State
University Continuing Education
Revenue Fund or any other
revenues received from extension
programs and other self-
supporting instructional
programs to the California State
University Trust Fund, or to
trust accounts pursuant to
Section 89721 of the Education
Code, for expenditure in order
to mitigate impacts to state-
supported instructional programs
that would result from
reductions in state General Fund
appropriations for support of
appropriations or reductions in
tuition fee revenues for support
of the university. The Chancellor
Chancellor shall report within 10 days
to
10 days to the Director of
the Director of Finance and to the
Chairperson
the Chairperson of the Joint
Legislative
Budget
Legislative Budget Committee on any
amounts
any amounts transferred pursuant to
this
to this provision. The
Legislature
expects the California State
University to enroll a total of
331,716 state-supported full-
time equivalent students during
the 2012-13 academic year. This
enrollment target does not
include nonresident students and
students enrolled in nonstate
supported summer programs. The
Chancellor shall report to the
Director of Finance and to the
Chairperson of the Joint
Legislative Budget Committee by (a)
by May 1, 2013, on whether the
California State University has
met the 2012-13 academic year
enrollment goal, and (b) by June
June 30, 2013, on the impact
of any
transfer on self-supporting
instructional programs and
related fees. This provision
shall only become operative if
the Director of Finance reduces
appropriations pursuant to
subdivision (a) of Section 3.62.
If this provision is operative
on December 15, 2012, it is the
related fees and the use of any
transferred funds. It is the
intent of the Legislature that
the transfer authority is one- time in
time in nature and effective only for
only for the 2012-13 fiscal year.
SEC. 19. SEC. 20. Item 6870-296-0001
of Section 2.00 of the Budget Act of 2012 is amended to read:
6870-296-0001--For local assistance, Board
of Governors of the California Community
Colleges, for transfer to Section B of the
State School Fund, Program 98-Community 33,338,00
College Mandated Programs Block Grant........ 0
Provisions:
1. Pursuant to Section 17581.7 of
the Government Code, the funds
appropriated in this item shall
be distributed to
community college districts
that elect to participate in
the block grant on the basis of
funded full-time equivalent
students (FTES) calculated as
of the second principal
apportionment for the previous
fiscal year. For the 2012-13
fiscal year, the Chancellor of
the California Community
Colleges shall apportion block
grant funding in the amount of
$28 per FTES.
2. If total funding provided in
this item is insufficient to
fully fund the rate specified
in Provision 1, the Chancellor
of the California Community
Colleges shall proportionately
reduce the rate to conform to
available funding.
SEC. 20. SEC. 21. Item 8660-001-0462
of Section 2.00 of the Budget Act of 2012 is amended to read:
8660-001-0462--For support of Public
Utilities Commission, payable from the
Public Utilities Commission Utilities
Reimbursement Account...................... 84,697,788
Schedule:
(1) 10-Regulation
of Utilities........ 176,469,788
(2) 15-Universal
Service Telephone
Programs............ 537,412,000
(3) 20-Regulation of
Transportation...... 22,777,212
(4) 30.01-
Administration...... 30,518,095
(5) 30.02-Distributed
Administration...... -30,518,095
(6) Reimbursements...... -59,044,000
(6.5) Reimbursement to
the Division of
Ratepayer Advocates. -4,035,000
(7) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 8660-001-
0042)............... -3,775,000
(8) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 8660-001-
0046)............... -5,006,000
(9) Amount payable from
the Transportation
Rate Fund (Item
8660-001-0412)...... -2,703,000
(10) Amount payable from
the Public
Utilities
Commission
Transportation
Reimbursement
Account (Item 8660-
001-0461)........... -11,293,212
(11) Amount payable from
the California High-
Cost Fund-A
Administrative
Committee Fund
(Item 8660-001-
0464)............... -49,773,000
(12) Amount payable from
the California High-
Cost Fund-B
Administrative
Committee Fund
(Item 8660-001-
0470)............... -36,333,000
(13) Amount payable from
the Universal
Lifeline Telephone
Service Trust
Administrative
Committee Fund
(Item 8660-001-
0471)............... -280,000,000
(14) Amount payable from
the Deaf and
Disabled
Telecommunications
Program
Administrative
Committee Fund
(Item 8660-001-
0483)............... -54,000,000
(15) Amount payable from
the Payphone
Service Providers
Committee Fund
(Item 8660-001-
0491)............... -72,000
(16) Amount payable from
the California
Teleconnect Fund
Administrative
Committee Fund
(Item 8660-001-
0493)............... -77,234,000
(17) Amount payable from
the Federal Trust
Fund (Item 8660-001-
0890)............... -5,193,000
(18) Amount payable from
the Public
Utilities
Commission
Ratepayer Advocate
Account (Item 8660-
001-3089)........... -23,500,000
(19) Amount payable from
the California
Advanced Services
Fund (Item 8660-001-
3141)............... -40,000,000
Provisions:
1. The Public Utilities Commission
shall require any public utility
requesting a merger to reimburse
the commission for those
necessary expenses that the
commission incurs in its
consideration of the proposed
merger.
SEC. 21. SEC. 22. Item 8660-001-0471
of Section 2.00 of the Budget Act of 2012 is amended to read:
8660-001-0471--For support of Public
Utilities Commission, for payment to Item
8660-001-0462, payable from the Universal
Lifeline Telephone Service Trust
Administrative Committee Fund.............. 280,000,000
Provisions:
1. Of the amount appropriated in
this item, up to $1,906,000
shall be used by the Public
Utilities Commission to fund
administrative and staffing
costs for the Universal
Lifeline Telephone Service
Trust Administrative Committee
Program.
SEC. 22. SEC. 23. Item 8660-001-0483
of Section 2.00 of the Budget Act of 2012 is amended to read:
8660-001-0483--For support of Public
Utilities Commission, for payment to Item
8660-001-0462, payable from the Deaf and
Disabled Telecommunications Program
Administrative Committee Fund.............. 54,000,000
Provisions:
1. Of the amount appropriated in
this item, up to $444,000
shall be used by the Public
Utilities Commission to fund
administrative and staffing
costs for the Deaf and
Disabled Telecommunications
Administrative Committee
Program.
SEC. 23. SEC. 24. Item 8660-001-0493
of Section 2.00 of the Budget Act of 2012 is amended to read:
8660-001-0493--For support of Public
Utilities Commission, for payment to Item
8660-001-0462, payable from the California
Teleconnect Fund Administrative Committee
Fund....................................... 77,234,000
Provisions:
1. Of the amount appropriated in
this item, up to $52,000
shall be used by the Public
Utilities Commission to fund
administrative and staffing
costs for the California
Teleconnect Fund
Administrative Committee
Program.
2. Notwithstanding any other
provision of law, upon request
of the Public Utilities
Commission, the Department of
Finance may augment the amount
available for expenditure in
this item to pay claims made
to the California Teleconnect
Fund Administrative Committee
Fund Program. The augmentation
may be made no sooner than 30
days after notification in
writing to the chairpersons of
the committees in each house
of the Legislature that
consider appropriations and
the Chairperson of the Joint
Legislative Budget Committee.
The amount of funds augmented
pursuant to the authority of
this provision shall be
consistent with the amount
approved by the Department of
Finance based on its review of
the amount of claims received
by the Public Utilities
Commission from
telecommunications carriers.
SEC. 24. SEC. 25. Item 8860-119-0001
is added to Section 2.00 of the Budget Act of 2012, to read:
8860-119-0001--For local assistance,
Department of Finance, funding to counties .... 5,000,000
Provisions:
1. Upon approval by the Director of
Finance, the funds appropriated in
this item may be apportioned to the
counties by the Controller, consistent
with the requirements of Provision 2,
in an aggregate amount not to exceed
$5,000,000 for the allowable
reimbursable costs associated with the
November 6, 2012, statewide general
election.
2. Each request for reimbursement
pursuant to this item shall be made to
the Director of Finance and shall
include a report, signed and certified
as true and accurate by the county
clerk or county registrar of voters,
that identifies the county's total
costs for printing revised election
materials, after its current supply
runs out, pursuant to Assembly Bill
1466 or Senate Bill 1017 of the 2011-
12 Regular Session. Payments made to
counties pursuant to this item shall
be made by the Controller upon
approval by the Director of Finance.
SEC. 25. SEC. 26. Item 9350-101-8066
is added to Section 2.00 of the Budget Act of 2012, to read:
9350-101-8066--For allocation by the
Controller from the California Police
Activities League (CALPAL) Fund .............. 123,000
Provisions:
1. The funds appropriated in this item
are to be allocated as follows:
(a) To the California Police
Activities League to fund
programs and services as
authorized in connection with
duties under Article 14.5
(commencing with Section 18856)
of Chapter 3 of Part 10.2 of
Division 2 of the Revenue and
Taxation Code.
SEC. 26. SEC. 27. Section 3.90 of
the Budget Act of 2012 is amended to read:
SEC. 3.90. (a) Notwithstanding any other provision of law, each
item of appropriation, with the exception of those items for the
California State University, the University of California, Hastings
College of the Law, the Legislature, the Legislative Counsel Bureau,
the Bureau of State Audits, and the Judicial Branch, shall be
reduced, as appropriate, to reflect reductions in employee
compensation in the total amounts of $401,716,000 from General Fund
items and $437,413,000 from items relating to other funds. These
reductions shall be achieved through any combination of the
following: (1) memoranda of understanding reached pursuant to Section
3517.5 of the Government Code, (2) furloughs, and (3) other
reductions for nonrepresented employees achieved with existing
administration and statutory authority.
The Director of Finance shall allocate the necessary reductions to
each item of appropriation (Budget Act and non-Budget Act) to
accomplish the employee compensation reductions required by this
section.
(b) Notwithstanding any other provision of law, by inclusion of
this section the Legislature hereby ratifies the addenda reached
between June 7, 2012, and June 30, 2012, for the following state
bargaining units: State Bargaining Units 1, 2, 3, 4, 5, 6, 7, 8, 10,
11, 12, 14, 15, 16, 17, 18, 19, 20, and 21.
These addenda reflect negotiated changes to existing provisions of
their current memoranda of understanding or extend the current
memoranda of understanding with these state bargaining units, or
both. The estimated savings associated with these addenda are
included in this section.
(c) Employees represented by bargaining units with ratified
addenda pursuant to subdivision (b) shall not be subject to furloughs
pursuant to subdivision (a) of this section or subdivision (b) of
Section 19849 of the Government Code.
SEC. 27. SEC. 28. Sections
8 to 11 9 to 12 , inclusive, of this act shall
become operative only if revenues, net of refunds, derived from an
imposition of a tax that is effective on and after July 1, 2012, and
before July 1, 2013, on Medi-Cal managed care plans are deposited
into the Children's Health and Human Services Special Fund.
SEC. 28. SEC. 29. This act is a
Budget Bill within the meaning of subdivision (e) of Section 12 of
Article IV of the California Constitution and shall take effect
immediately.