BILL NUMBER: SB 84 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2011
An act to amend Item 0890-001-0001 of, and to add Items
0502-012-0022, 2120-011-0117, 2240-011-0101, 2240-011-0929,
2660-013-0042, 3360-011-0382, 3500-011-0100, 3500-013-3065,
3600-011-0321, 3680-011-0516, 3790-011-0263, 3940-011-0225,
3940-011-3147, 3960-011-0014, 3960-011-0018, 3960-011-0065,
3960-012-1003, 5180-011-0131, 8660-011-0470, 8660-011-3141, and
8660-012-0462 to, Section 2.00 of, and to add Section 39.00 to, the
Budget Act of 2010 (Chapter 712 of the Statutes of 2010), relating to
the support of state government, making an appropriation therefor,
and declaring the urgency thereof, to take effect
immediately, Budget Bill.
LEGISLATIVE COUNSEL'S DIGEST
SB 84, as amended, Committee on Budget and Fiscal Review. Budget
Act of 2010: revisions.
The Budget Act of 2010 (Chapter 712 of the Statutes of 2010) made
appropriations for the support of state government during the 2010-11
fiscal year.
This bill would amend the Budget Act of 2010 by providing for the
transfer of moneys from certain funds and accounts to the General
Fund, as specified. This bill would amend the Budget Act of 2010 to
authorize the Director of Finance to augment the appropriation for
support of the Secretary of State by up to $10,000,000 if the
Secretary of State demonstrates why the funding is necessary to cover
its costs for the statewide special election to be conducted before
June 30, 2011, as specified. The bill would amend the Budget Act of
2010 to specify that certain bills of the 2011-12 Regular Session are
other bills providing for appropriations related to the Budget Bill,
as specified.
This bill would declare that it is to take effect immediately
as an urgency statute and as a Budget Bill.
Vote: 2/3 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 0502-012-0022 is added to Section 2.00 of the
Budget Act of 2010, to read:
0502-012-0022--For transfer by the
Controller, upon order of the Director of
Finance, from the State Emergency
Telephone Number Account to the General
Fund as a loan............................. (28,000,000)
Provisions:
1. The Director of Finance may
transfer up to $28,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2013. The Director of
Finance shall order the
repayment of all or a portion
of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 2. Item 0890-001-0001 of Section 2.00 of the Budget Act of
2010 is amended to read:
0890-001-0001--For support of Secretary of
State....................................... 30,158,000
Schedule:
(1) 10-Filings and
Registrations......... 47,372,000
(2) 20-Elections.......... 43,224,000
(3) 30-Archives........... 10,242,000
(4) 50.01-Administration
and Technology........ 23,529,000
(5) 50.02-Distributed
Administration and
Technology............ -23,529,000
(6) Reimbursements........ -7,038,000
(7) Amount payable from
the Secretary of
State's Business Fees
Fund (Item 0890-001-
0228)................. -37,720,000
(8) Amount payable from
the Federal Trust
Fund (Item 0890-001-
0890)................. -24,361,000
(9) Amount payable from
the Victims of
Corporate Fraud
Compensation Fund
(Item 0890-001-3042).. -1,561,000
Provisions:
1. The Secretary of State may not
expend any special handling fees
authorized by Chapter 999 of the
Statutes of 1999 which are
collected in excess of the cost of
administering those special
handling fees unless specifically
authorized by the Legislature.
2. Of the amounts appropriated in
this item, $24,361,000 shall be
used for operational costs
associated with implementation of
the Help America Vote Act of 2002
(42 U.S.C. Sec. 15301 et seq.).
3. Of the funds appropriated in this
item, $5,950,000 is available for
preparing, printing, and mailing
the state ballot pamphlet pursuant
to Article 7 (commencing with
Section 9080) of Chapter 1 of
Division 9 of the Elections Code.
Any unexpended funds pursuant to
this provision shall revert to the
General Fund.
4. The Director of Finance may
augment this item by up to
$10,000,000 if the Secretary of
State demonstrates why the funding
is necessary to cover its costs
for the statewide special election
to be conducted before June 30,
2011. The Department of Finance
shall provide notification of
the adjustment to the Joint
Legislative Budget Committee not
more than 10 working days after
the date of the approval of the
adjustment.
SEC. 3. Item 2120-011-0117 is added to Section 2.00 of the Budget
Act of 2010, to read:
2120-011-0117--For transfer by the Controller,
upon order of the Director of Finance, from
the Alcoholic Beverage Control Appeals Fund to
the General Fund as a loan..................... (500,000)
Provisions:
1. The Director of Finance may transfer
up to $500,000 as a loan to the
General Fund, which shall be repaid by
June 30, 2014. The Director of Finance
shall order the repayment of all or a
portion of this loan 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, or (b) there is no longer a
need for the moneys in the fund or
account that received the loan. This
loan shall be repaid with interest
calculated at the rate earned by the
Pooled Money Investment Account at the
time of the transfer.
SEC. 4. Item 2240-011-0101 is added to Section 2.00 of the Budget
Act of 2010, to read:
2240-011-0101--For transfer by the Controller,
upon order of the Director of Finance, from
the School Facilities Fee Assistance Fund to
the General Fund............................... (880,000)
Provisions:
1. The Director of Finance may transfer
additional amounts that are determined
to be available.
SEC. 5. Item 2240-011-0929 is added to Section 2.00 of the Budget
Act of 2010, to read:
2240-011-0929--For transfer by the
Controller, upon order of the Director of
Finance, from the Housing Rehabilitation
Loan Fund to the General Fund as a loan.... (18,000,000)
Provisions:
1. The Director of Finance may
transfer up to $18,000,000 as
a loan to the General Fund.
The Director of Finance shall
order the repayment of all or
a portion of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 6. Item 2660-013-0042 is added to Section 2.00 of the Budget
Act of 2010, to read:
2660-013-0042--For transfer by the
Controller, upon order of the Director
of Finance, from the State Highway
Account, Transportation Tax Fund, to
the General Fund as a loan............. (147,100,000)
Provisions:
1. The Director of Finance
may transfer up to
$147,100,000 as a loan to
the General Fund, which
shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a
portion of this loan 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,
or (b) there is no longer
a need for the moneys in
the fund or account that
received the loan. This
loan shall be repaid with
interest calculated at the
rate earned by the Pooled
Money Investment Account
at the time of the
transfer.
2. The Director of Finance
may authorize short-term
cashflow loans from the
General Fund to the State
Highway Account to provide
adequate cash for costs
funded from that account.
The total outstanding loan
shall not exceed
$313,000,000 at any point
in time. Repayment of
these loans shall be made
no later than 30 days
after the date of
enactment of the
subsequent annual Budget
Act after any loan is made
pursuant to this section.
No budgetary impact shall
result from these
loans.
SEC. 7. Item 3360-011-0382 is added to Section 2.00 of the Budget
Act of 2010, to read:
3360-011-0382--For transfer by the
Controller, upon order of the Director of
Finance, from the Renewable Resource Trust
Fund to the General Fund as a loan......... (20,000,000)
Provisions:
1. The Director of Finance may
transfer up to $20,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 8. Item 3500-011-0100 is added to Section 2.00 of the Budget
Act of 2010, to read:
3500-011-0100--For transfer by the
Controller, upon order of the Director of
Finance, from the California Used Oil (2,500,00
Recycling Fund to the General Fund as a loan. 0)
Provisions:
1. The Director of Finance may
transfer up to $2,500,000 as a
loan to the General Fund, which
shall be repaid by June 30,
2014. The Director of Finance
shall order the repayment of
all or a portion of this loan
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, or (b) there is no
longer a need for the moneys in
the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 9. Item 3500-013-3065 is added to Section 2.00 of the Budget
Act of 2010, to read:
3500-013-3065--For transfer by the
Controller, upon order of the Director of
Finance, from the Electronic Waste
Recovery and Recycling Account, Integrated
Waste Management Fund, to the General Fund
as a loan.................................. (27,000,000)
Provisions:
1. The Director of Finance may
transfer up to $27,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a
portion of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 10. Item 3600-011-0321 is added to Section 2.00 of the Budget
Act of 2010, to read:
3600-011-0321--For transfer by the
Controller, upon order of the Director of
Finance, from the Oil Spill Response Trust
Fund to the General Fund as a loan......... (40,000,000)
Provisions:
1. The Director of Finance may
transfer up to $40,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan if he or she
determines that any of the
following circumstances
exists: (a) the fund or
account from which the loan
was made has a need for the
moneys, (b) an event, as
described in Section 8670.48
of the Government Code, has
occurred and necessary
response funds are needed, or
(c) there is no longer a need
for the moneys in the fund or
account that received the
loan. This loan shall be
repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 11. Item 3680-011-0516 is added to Section 2.00 of the Budget
Act of 2010, to read:
3680-011-0516--For transfer by the
Controller, upon order of the Director of
Finance, from the Harbors and Watercraft
Revolving Fund to the General Fund as a
loan....................................... (17,000,000)
Provisions:
1. The Director of Finance may
transfer up to $17,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan if he or she
determines that any of the
following circumstances
exists: (a) the fund or
account from which the loan
was made has a need for the
moneys, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 12. Item 3790-011-0263 is added to Section 2.00 of the Budget
Act of 2010, to read:
3790-011-0263--For transfer by the
Controller, upon order of the Director of
Finance, from the Off-Highway Vehicle
Trust Fund to the General Fund as a loan... (21,000,000)
Provisions:
1. The Director of Finance may
transfer up to $21,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 13. Item 3940-011-0225 is added to Section 2.00 of the Budget
Act of 2010, to read:
3940-011-0225--For transfer by the
Controller, upon order of the Director of
Finance, from the Environmental Protection (1,175,00
Trust Fund to the General Fund............... 0)
Provisions:
1. Notwithstanding Section
25270.11 of the Health and
Safety Code, the Director of
Finance may transfer $1,175,000
from the Environmental
Protection Trust Fund to the
General Fund.
SEC. 14. Item 3940-011-3147 is added to Section 2.00 of the Budget
Act of 2010, to read:
3940-011-3147--For transfer by the
Controller, upon order of the Director of
Finance, from the State Water Pollution
Control Revolving Fund Small Community Grant (3,000,00
Fund to the General Fund as a loan........... 0)
Provisions:
1. The Director of Finance may
transfer up to $3,000,000 as a
loan to the General Fund, which
shall be repaid by June 30,
2014. The Director of Finance
shall order the repayment of
all or a portion of this
loan 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, or (b) there is no
longer a need for the moneys in
the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 15. Item 3960-011-0014 is added to Section 2.00 of the Budget
Act of 2010, to read:
3960-011-0014--For transfer by the
Controller, upon order of the Director of
Finance, from the Hazardous Waste Control
Account to the General Fund as a loan...... (13,000,000)
Provisions:
1. The Director of Finance may
transfer up to $13,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 16. Item 3960-011-0018 is added to Section 2.00 of the Budget
Act of 2010, to read:
3960-011-0018--For transfer by the
Controller, upon order of the Director of
Finance, from the Site Remediation Account (1,000,00
to the General Fund as a loan................ 0)
Provisions:
1. The Director of Finance may
transfer up to $1,000,000 as a
loan to the General Fund, which
shall be repaid by June 30,
2014. The Director of Finance
shall order the repayment of
all or a portion of this loan
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, or (b) there is no
longer a need for the moneys in
the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 17. Item 3960-011-0065 is added to Section 2.00 of the Budget
Act of 2010, to read:
3960-011-0065--For transfer by the
Controller, upon order of the Director of
Finance, from the Illegal Drug Lab Cleanup (1,000,00
Account to the General Fund as a loan........ 0)
Provisions:
1. The Director of Finance may
transfer up to $1,000,000 as a
loan to the General Fund, which
shall be repaid by June 30,
2014. The Director of Finance
shall order the repayment of
all or a portion of this loan
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, or (b) there is no
longer a need for the moneys in
the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 18. Item 3960-012-1003 is added to Section 2.00 of the Budget
Act of 2010, to read:
3960-012-1003--For transfer by the Controller,
upon order of the Director of Finance, from
the Cleanup Loans and Environmental Assistance
to Neighborhoods Account to the General Fund
as a loan...................................... (500,000)
Provisions:
1. The Director of Finance may transfer
up to $500,000 as a loan to the
General Fund, which shall be repaid by
June 30, 2014. The Director of Finance
shall order the repayment of all or a
portion of this loan 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, or (b) there is no longer a
need for the moneys in the fund or
account that received the loan. This
loan shall be repaid with interest
calculated at the rate earned by the
Pooled Money Investment Account at the
time of the transfer.
SEC. 19. Item 5180-011-0131 is added to Section 2.00 of the Budget
Act of 2010, to read:
5180-011-0131--For transfer by the
Controller, upon order of the Director of
Finance, from the Foster Family Home and
Small Family Home Insurance Fund to the
General Fund.............................. (3,000,000)
SEC. 20. Item 8660-011-0470 is added to Section 2.00 of the Budget
Act of 2010, to read:
8660-011-0470--For transfer by the
Controller, upon order of the Director
of Finance, from the California High-
Cost Fund-B Administrative Committee
Fund to the General Fund as a loan..... (100,000,000)
Provisions:
1. The Director of Finance
may transfer up to
$100,000,000 as a loan to
the General Fund, which
shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a
portion of this loan 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,
or (b) there is no longer
a need for the moneys in
the fund or account that
received the loan. This
loan shall be repaid with
interest calculated at the
rate earned by the Pooled
Money Investment Account
at the time of the
transfer.
SEC. 21. Item 8660-011-3141 is added to Section 2.00 of the Budget
Act of 2010, to read:
8660-011-3141--For transfer by the
Controller, upon order of the Director of
Finance, from the California Advanced
Services Fund to the General Fund as a
loan....................................... (75,000,000)
Provisions:
1. The Director of Finance may
transfer up to $75,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 22. Item 8660-012-0462 is added to Section 2.00 of the Budget
Act of 2010, to read:
8660-012-0462--For transfer by the
Controller, upon order of the Director of
Finance, from the Public Utilities
Commission Utilities Reimbursement Account
to the General Fund as a loan.............. (25,000,000)
Provisions:
1. The Director of Finance may
transfer up to $25,000,000 as
a loan to the General Fund,
which shall be repaid by June
30, 2014. The Director of
Finance shall order the
repayment of all or a portion
of this loan 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, or (b) there is no
longer a need for the moneys
in the fund or account that
received the loan. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer.
SEC. 23. Section 39.00 is added to the Budget Act of 2010 (Chapter
712 of the Statutes of 2010), to read:
Sec. 39.00. The Legislature hereby finds and declares that the
following bills of the 2011-12 Regular Session are other bills
providing for appropriations related to the Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution: AB 93, AB 94, AB 95, AB 96, AB 97, AB 98, AB
99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107,
AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB
116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, SB 70, SB 71, SB
72, SB 73, SB 74, SB 75, SB 76,
SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85,
SB 86, SB 87, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96,
SB 97, SB 98, and SB 99.
SEC. 24. 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.
SEC. 25. 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 make necessary changes to the Budget Act of 2010 at
the earliest possible time in light of the fiscal condition of the
state, it is necessary that this act take effect immediately.
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