BILL NUMBER: SB 1040	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  JUNE 25, 2012

INTRODUCED BY    Committee on Budget and Fiscal Review
  Senator   Negrete McLeod 
    (  Principal coauthor:   Assembly Member
  Nestande   ) 
   (Coauthor: Assembly Member Chesbro)

                        FEBRUARY 6, 2012

    An act to amend the Budget Act of 2012 by augmenting
Items 6440-001-0001 and 6600-001-0001 of Section 2.00 of that act,
relating to the state budget, and making an appropriation therefor,
to take effect immediately, Budget Bill.   An act to
repeal Chapter 1.5 (commencing with Section 4210) of Part 2 of
Division 4 of the Public Resources Code, relating to fire prevention,
and declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1040, as amended,  Committee on Budget and Fiscal
Review   Negrete McLeod  .  Budget Act of
2012: augmentation.   Fire prevention: fees.  
   (1) Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas. Existing law requires the board to adopt
emergency regulations to establish a fire prevention fee in an amount
not to exceed $150 to be charged on each structure on a parcel that
is within a state responsibility area. The board is required to
adjust the fire prevention fee annually using prescribed methods.
Existing law requires the State Board of Equalization to collect the
fire prevention fees, as prescribed. Existing law requires the
Department of Forestry and Fire Protection to annually transmit to
the State Board of Equalization the appropriate names and addresses
of persons who are liable for the fire prevention fee and the amount
of the fire prevention fee to be assessed by the State Board of
Equalization. Existing law establishes the State Responsibility Area
Fire Prevention Fund and requires the fire prevention fees collected,
except that portion retained by the State Board of Equalization, to
be deposited into the fund and to be available, upon appropriation by
the Legislature, for specified fire prevention activities, which
would benefit the owners of structures in state responsibility areas
who are subject to the fire prevention fee, including, but not
limited to, covering startup costs, and for the costs of
administration, as specified. Existing law requires the State Board
of Equalization to retain and expend, upon appropriation by the
Legislature, the funds necessary to pay refunds and for its expenses
incurred in collection. Existing law permits a person from whom a
fire prevention fee is determined to be due to use an appeals process
and, if applicable, a refund process.  
   This bill would repeal the above provisions.  
   (2) The bill would provide that its provisions take effect only
upon the enactment of AB 1500 of the 2011-12 Regular Session. 

   (3) This bill would declare that it is to take effect immediately
as an urgency statute.  
   (1) The Budget Act of 2012 appropriates specified amounts from the
General Fund for public postsecondary education, including
$51,500,000 to the University of California and $500,000 to Hastings
College of the Law for purposes of addressing a portion of their
employer pension contribution costs for the University of California
Retirement Plan.  
   This bill would augment the appropriations to the University of
California and Hastings College of the Law by $37,635,000 and
$365,000, respectively, for purposes of the pension contribution
costs described above.  
   (2) This bill would appropriate $125,000,000 from the General Fund
to the California State University and $125,000,000 from the General
Fund to the University of California for the 2013-14 fiscal year if
those institutions maintain the 2011-12 mandatory systemwide tuition
and fee level for the 2012-13 academic year and if the Schools and
Local Public Safety Protection Act of 2012 (Attorney General
reference number 12-0009) is approved by the voters at the November
6, 2012, statewide general election and the provisions of that act
that modify personal income tax rates do not become inoperative, as
specified.  
   (3) This bill would declare that it is to take effect immediately
as a Budget Bill. 
   Vote:  majority   2/3  . Appropriation:
 yes   no  . Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    It is the intent of the Legislature to
repeal the fire prevention fee imposed pursuant to Chapter 1.5
(commencing with Section 4210) of Part 2 of Division 4 of the Public
Resources Code. 
   SEC. 2.    Chapter 1.5 (commencing with Section 4210)
of Part 2 of Division 4 of the   Public Resources Code
  is repealed. 
   SEC. 3.    This bill shall take effect contingent on
the enactment of Assembly Bill 1500 of the 2011-12 Regular Session.

   SEC. 4.    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:
 
   To relieve property owners in state responsibility areas from the
requirement to pay the fire prevention fees , it is necessary for
this measure to take effect immediately.  
  SECTION 1.    The sum of thirty-seven million six
hundred thirty-five thousand dollars ($37,635,000) is hereby
appropriated from the General Fund for expenditure for the 2012-13
fiscal year in augmentation of Item 6440-001-0001 of Section 2.00 of
the Budget Act of 2012 for purposes of provision 16 of that item.
 
  SEC. 2.    The sum of three hundred sixty-five
thousand dollars ($365,000) is hereby appropriated from the General
Fund for expenditure for the 2012-13 fiscal year in augmentation of
Item 6600-001-0001 of Section 2.00 of the Budget Act of 2012 for
purposes of provision 4 of that item.  
  SEC. 3.    The sum of one hundred twenty-five
million dollars ($125,000,000) is hereby appropriated from the
General Fund to the California State University for expenditure for
the 2013-14 fiscal year only if both of the following conditions
exist:
   (a) The Schools and Local Public Safety Protection Act of 2012
(Attorney General reference number 12-0009) is approved by the voters
at the November 6, 2012, statewide general election, and the
provisions of that act that modify personal income tax rates do not
become inoperative due to a conflict with another initiative measure
that is approved at the same election and receives a greater number
of affirmative votes.
   (b) The California State University maintains the 2011-12
mandatory systemwide tuition and fee level for the 2012-13 academic
year.  
  SEC. 4.    The sum of one hundred twenty-five
million dollars ($125,000,000) is hereby appropriated from the
General Fund to the University of California for expenditure for the
2013-14 fiscal year only if both of the following conditions exist:
   (a) The Schools and Local Public Safety Protection Act of 2012
(Attorney General reference number 12-0009) is approved by the voters
at the November 6, 2012, statewide general election, and the
provisions of that act that modify personal income tax rates do not
become inoperative due to a conflict with another initiative measure
that is approved at the same election and receives a greater number
of affirmative votes.
   (b) The University of California maintains the 2011-12 mandatory
systemwide tuition and fee level for the 2012-13 academic year.
 
  SEC. 5.    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.