Amended in Assembly September 3, 2013

Amended in Assembly August 28, 2013

Senate BillNo. 100


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


An act to amend Sections 1091, 13073.5, 30061, and 30070 of the Government Code, to amend Sections 1231 and 13821 of the Penal Code, to amend Sections 17053.33, 17053.70, 18410.2, 23612.2, and 23633 of the Revenue and Taxation Code, and to amend Sections 1403, 18220, and 18220.1 of the Welfare and Institutions Code, relating to public finance, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 100, as amended, Committee on Budget and Fiscal Review. Public finance.

Existing law prohibits certain public officials and employees from being financially interested in any contract made by them in their official capacity, or by any board of which they are members. An officer is not deemed to be interested in a contract entered into by a body or board of which the officer is a member if the officer has only a remote interest in the contract and other requirements are met. A remote interest is required to be publicly disclosed, and thereafter the public body may authorize, approve, or ratify the contract in question, but the officer or employee with the remote interest is disqualified from voting. A remote interest is defined to include, among others, the interest of a person who is an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code or a nonprofit corporation. Violation of these provisions is a crime.

This bill would include in the definition of remote interest the interest of a person who is an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(5) of the Internal Revenue Code.

By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that moneys in the fund be allocated exclusively for public safety services, as defined. Existing law further establishes the Law Enforcement Services Account within that fund, and creates the Enhancing Law Enforcement Activities Subaccount and the Juvenile Justice Subaccount within the Law Enforcement Services Account.

Existing law allocates specified funds from the Enhancing Law Enforcement Activities Subaccount to local governments, including to cities and counties that charge fees to a city, special district, community college district, college, or university for the booking or detention of a person arrested and brought to a detention facility of the city or county. Existing law also allocates moneys in the subaccount for county sheriffs’ departments, California Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, Sexual Assault Felony Enforcement Teams, High Technology Theft Apprehension and Prosecution Program, Gang Violence Suppression Program, Central Valley and Central Coast Rural Crime Prevention Programs, jail construction and operation, criminal prosecution, juvenile justice plans, habitual truants, runaways, and children at risk of being wards of the court or under juvenile supervision or supervision of the county probation department.

This bill would, subsequent to the allocation made to cities and counties that charge fees to a city, special district, community college district, college, or university for the booking or detention of a person arrested and brought to a detention facility of the city or county, revise the percentages of the remaining funds to be allocated for the other above-mentioned purposes from the Enhancing Law Enforcement Activities Subaccount.

Under existing law counties are authorized to establish a Community Corrections Performance Incentives Fund (CCPIF) to receive moneys related to the placement of felons under probation supervision, mandatory supervision, and postrelease community supervision. Programs funded through a CCPIF are required to identify and track specific outcome-based measures and report its findings to the Administrative Office of the Courts (AOC). The AOC then provides quarterly statistical information to the Department of Finance that includes, among other things, the number of felony convictions in the county and the number of felons who would have been subject to specified sentencing provisions had felony probation not been granted.

This bill would remove from the AOC’s quarterly statistical information the number of felons who would have been subject to those sentencing provisions had felony probation not been granted.

The Personal Income Tax Law and the Corporation Tax Law allow a credit in an amount equal to the amount of sales or use tax paid in connection with qualified property that is purchased and placed in service before the date the enterprise zone or targeted tax area designation expires, is no longer binding, or becomes inoperative. Existing law repeals these provisions on December 1, 2014.

This bill would instead require the qualified property to be placed in service in the enterprise zone or the targeted tax area before January 1, 2015, and would repeal those provisions on December 1, 2015. The bill would also make clarifying changes to those provisions.

Existing law requires the Population Research Unit to, among other things, determine the census tracts that are within the highest quartile of census tracts with the highest civilian unemployment, and to sort the census tracts by the respective civilian unemployment rate of each in ascending order, or from the lowest, 0%, to the highest, 100%, as specified.

This bill would make clarifying changes to those provisions.

Existing law established the California Competes Tax Credit Committee, which consists of the Treasurer, the Director of Finance, the Director of the Governor’s Office of Business and Economic Development, and one appointee each from the Senate and Assembly.

This bill would provide that the Director of the Governor’s Office of Business and Economic Development is the chair. The bill would prohibit a member of the Legislature from being appointed to the committee.

Under existing law and until January 1, 2014, California is subject to an interstate compact for juveniles and that compact requires California, among other things, to appoint a commissioner to the Interstate Commission for Juveniles and to create a State Council for Interstate Juvenile Supervision.

This bill would extend the duration of the compact until January 1, 2016.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The bill would appropriatebegin delete $1,000end deletebegin insert $100,000end insert from the General Fund to thebegin delete Department of Corrections and Rehabilitationend deletebegin insert Governor’s Office of Business and Economic Developmentend insert for administration.

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 1091 of the Government Code is amended
2to read:

3

1091.  

(a) An officer shall not be deemed to be interested in a
4contract entered into by a body or board of which the officer is a
5member within the meaning of this article if the officer has only
6a remote interest in the contract and if the fact of that interest is
7disclosed to the body or board of which the officer is a member
8and noted in its official records, and thereafter the body or board
9authorizes, approves, or ratifies the contract in good faith by a vote
10of its membership sufficient for the purpose without counting the
11vote or votes of the officer or member with the remote interest.

12(b) As used in this article, “remote interest” means any of the
13following:

14(1) That of an officer or employee of a nonprofit entity exempt
15from taxation pursuant to Section 501(c)(3) of the Internal Revenue
16Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of
17the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a
18nonprofit corporation, except as provided in paragraph (8) of
19subdivision (a) of Section 1091.5.

20(2) That of an employee or agent of the contracting party, if the
21contracting party has 10 or more other employees and if the officer
22was an employee or agent of that contracting party for at least three
23years prior to the officer initially accepting his or her office and
P5    1the officer owns less than 3 percent of the shares of stock of the
2contracting party; and the employee or agent is not an officer or
3director of the contracting party and did not directly participate in
4formulating the bid of the contracting party.

5For purposes of this paragraph, time of employment with the
6contracting party by the officer shall be counted in computing the
7three-year period specified in this paragraph even though the
8contracting party has been converted from one form of business
9organization to a different form of business organization within
10three years of the initial taking of office by the officer. Time of
11employment in that case shall be counted only if, after the transfer
12or change in organization, the real or ultimate ownership of the
13contracting party is the same or substantially similar to that which
14existed before the transfer or change in organization. For purposes
15of this paragraph, stockholders, bondholders, partners, or other
16persons holding an interest in the contracting party are regarded
17as having the “real or ultimate ownership” of the contracting party.

18(3) That of an employee or agent of the contracting party, if all
19of the following conditions are met:

20(A) The agency of which the person is an officer is a local public
21agency located in a county with a population of less than 4,000,000.

22(B) The contract is competitively bid and is not for personal
23services.

24(C) The employee or agent is not in a primary management
25capacity with the contracting party, is not an officer or director of
26the contracting party, and holds no ownership interest in the
27contracting party.

28(D) The contracting party has 10 or more other employees.

29(E) The employee or agent did not directly participate in
30formulating the bid of the contracting party.

31(F) The contracting party is the lowest responsible bidder.

32(4) That of a parent in the earnings of his or her minor child for
33personal services.

34(5) That of a landlord or tenant of the contracting party.

35(6) That of an attorney of the contracting party or that of an
36owner, officer, employee, or agent of a firm that renders, or has
37rendered, service to the contracting party in the capacity of
38stockbroker, insurance agent, insurance broker, real estate agent,
39or real estate broker, if these individuals have not received and
40will not receive remuneration, consideration, or a commission as
P6    1a result of the contract and if these individuals have an ownership
2interest of 10 percent or more in the law practice or firm, stock
3brokerage firm, insurance firm, or real estate firm.

4(7) That of a member of a nonprofit corporation formed under
5the Food and Agricultural Code or a nonprofit corporation formed
6under the Corporations Code for the sole purpose of engaging in
7the merchandising of agricultural products or the supplying of
8water.

9(8) That of a supplier of goods or services when those goods or
10services have been supplied to the contracting party by the officer
11for at least five years prior to his or her election or appointment
12to office.

13(9) That of a person subject to the provisions of Section 1090
14in any contract or agreement entered into pursuant to the provisions
15of the California Land Conservation Act of 1965.

16(10) Except as provided in subdivision (b) of Section 1091.5,
17that of a director of, or a person having an ownership interest of,
1810 percent or more in a bank, bank holding company, or savings
19and loan association with which a party to the contract has a
20relationship of borrower or depositor, debtor or creditor.

21(11) That of an engineer, geologist, or architect employed by a
22consulting engineering or architectural firm. This paragraph applies
23only to an employee of a consulting firm who does not serve in a
24primary management capacity, and does not apply to an officer or
25director of a consulting firm.

26(12) That of an elected officer otherwise subject to Section 1090,
27in any housing assistance payment contract entered into pursuant
28to Section 8 of the United States Housing Act of 1937 (42 U.S.C.
29Sec. 1437f) as amended, provided that the housing assistance
30payment contract was in existence before Section 1090 became
31applicable to the officer and will be renewed or extended only as
32to the existing tenant, or, in a jurisdiction in which the rental
33vacancy rate is less than 5 percent, as to new tenants in a unit
34previously under a Section 8 contract. This section applies to any
35person who became a public official on or after November 1, 1986.

36(13) That of a person receiving salary, per diem, or
37reimbursement for expenses from a government entity.

38(14) That of a person owning less than 3 percent of the shares
39of a contracting party that is a for-profit corporation, provided that
P7    1the ownership of the shares derived from the person’s employment
2with that corporation.

3(15) That of a party to litigation involving the body or board of
4which the officer is a member in connection with an agreement in
5which all of the following apply:

6(A) The agreement is entered into as part of a settlement of
7 litigation in which the body or board is represented by legal
8counsel.

9(B) After a review of the merits of the agreement and other
10relevant facts and circumstances, a court of competent jurisdiction
11finds that the agreement serves the public interest.

12(C) The interested member has recused himself or herself from
13all participation, direct or indirect, in the making of the agreement
14on behalf of the body or board.

15(16) That of a person who is an officer or employee of an
16investor-owned utility that is regulated by the Public Utilities
17Commission with respect to a contract between the investor-owned
18utility and a state, county, district, judicial district, or city body or
19board of which the person is a member, if the contract requires the
20investor-owned utility to provide energy efficiency rebates or other
21type of program to encourage energy efficiency that benefits the
22public when all of the following apply:

23(A) The contract is funded by utility consumers pursuant to
24regulations of the Public Utilities Commission.

25(B) The contract provides no individual benefit to the person
26that is not also provided to the public, and the investor-owned
27utility receives no direct financial profit from the contract.

28(C) The person has recused himself or herself from all
29participation in making the contract on behalf of the state, county,
30district, judicial district, or city body or board of which he or she
31is a member.

32(D) The contract implements a program authorized by the Public
33Utilities Commission.

34(c) This section is not applicable to any officer interested in a
35contract who influences or attempts to influence another member
36of the body or board of which he or she is a member to enter into
37the contract.

38(d) The willful failure of an officer to disclose the fact of his or
39her interest in a contract pursuant to this section is punishable as
40provided in Section 1097. That violation does not void the contract
P8    1unless the contracting party had knowledge of the fact of the remote
2interest of the officer at the time the contract was executed.

3

SEC. 2.  

Section 13073.5 of the Government Code is amended
4to read:

5

13073.5.  

The Legislature finds and declares that: (1) population
6size and distribution patterns in California exert a major influence
7on the physical, social, and economic structure of the state and on
8the quality of the environment generally; (2) sound and current
9data and methods to estimate population trends are necessary to
10enable state, regional, and local agencies to plan and function
11properly; and (3) there is a critical need for a proper study of the
12implications of present and future population trends in order that
13state, regional, and local agencies might develop or reexamine
14policies and actions based thereon.

15The Population Research Unit shall:

16(a) Develop basic demographic data and statistical compilations,
17which may include a current population survey and a mid-decade
18census.

19(b) Design and test methods of research and data collection.

20(c) Conduct local population estimates as required by law.

21(d) Validate all official census data and population statistics.

22(e) Analyze and prepare projections of enrollments in public
23schools, colleges, and universities.

24(f) Analyze governmental records to establish characteristics
25of migration and distribution.

26(g) Publish annual estimates of the population of the state and
27its composition.

28(h) Prepare short- and long-range projections of population and
29its composition.

30(i) Provide advisory services to state agencies and other levels
31of government.

32(j) Evaluate and recommend data requirements for determining
33population and population growth.

34(k) Analyze the demographic features of the causes and
35consequences of patterns of natural increase or decrease, migration,
36and population concentration within the state.

37(l) Assess the need for population data required for determining
38the allocation of federal, state, and other subvention revenues.

39(m) Request and obtain from any department, division,
40commission, or other agency of the state all assistance and
P9    1information to enable the unit to effectively carry out the provisions
2of this section.

3(n) Cooperate with the Office of Planning and Research with
4respect to functions involving mutual areas of concern relating to
5demography and state planning.

6(o) Enter into agreements to carry out the purposes of this
7section, including the application for and acceptance of federal
8funds or private foundation grants for demographic studies.

9(p) Act as primary state government liaison with the Census
10Bureau, United States Department of Commerce, in the acquisition
11and distribution of census data and related documentation to state
12agencies.

13(q) Administer, with other agencies, a State Census Data Center
14which will be responsible for acquiring decennial and other census
15data from the Bureau of the Census, and for providing necessary
16information to the Legislature and to the executive branch and for
17seeking to ensure the availability of census information to local
18governments. The unit and the Office of Planning and Research
19shall be responsible for designating subcenters of the State Census
20Data Center as needed. The unit will provide materials to
21subcenters of the State Census Data Center, will coordinate the
22efforts of the subcenters to avoid duplication and may consult in
23the design of standard reports to be offered by the center and its
24subcenters.

25(r) Coordinate with the Office of Planning and Research
26Environmental Data Center for the purposes of ensuring
27consistency and compatibility of data products, improving public
28access to data, ensuring the consistent interpretation of data, and
29avoiding duplication of functions.

30(s) (1) Determine those census tracts that are to be designated
31census tracts based on data from the five-year American
32Community Survey (ACS). The census tracts that are within the
33highest quartile for both civilian unemployment and poverty
34statistics, as determined in paragraphs (2) and (3), shall be
35determined to be designated census tracts as described in paragraph
36(7) of subdivision (b) of Section 17053.73, and paragraph (7) of
37subdivision (b) of Section 23626 of the Revenue and Taxation
38Code.

39(2) To determine the census tracts that are within the highest
40quartile of census tracts with the highest civilian unemployment,
P10   1the census tracts shall be sorted by the respective civilian
2unemployment rate of each in ascending order, or from the lowest
3(0 percent) to the highest (100 percent) according to the following:

4(A) Census tracts without a civilian labor force shall be
5excluded.

6(B) After ordering the census tracts by the civilian
7unemployment rate of each, the census tracts shall be divided into
8four equal groups or quartiles as follows:

9(i) The first quartile shall represent the lowest fourth of the
10census tracts (the lowest 25 percent, inclusive).

11(ii) The second quartile shall represent the second fourth (tracts
12greater than 25 percent up to 50 percent, inclusive).

13(iii) The third quartile shall represent the third fourth (tracts
14greater than 50 percent up to 75 percent, inclusive).

15(iv) The fourth quartile shall represent the fourth fourth (tracts
16greater than 75 percent up to 100 percent, inclusive).

17(C) The last or highest quartile shall represent the top 25 percent
18of the census tracts with the highest civilian unemployment rates.

19(3) To determine the census tracts that are within the quartile
20of census tracts with the highest poverty, the census tracts shall
21be sorted by the respective percentage of population below poverty
22of each in ascending order, or from the lowest (0 percent) to the
23highest (100 percent) according to the following:

24(A) Consistent with poverty statistics in the ACS, which adhere
25to the standards specified by the federal Office of Management
26and Budget in Statistical Policy Directive 14, the poverty thresholds
27as specified by the United States Census Bureau shall be used to
28determine those individuals below poverty.

29(B) To determine those individuals below poverty, different
30thresholds, as specified by the United States Census Bureau, shall
31be applied to families, people living alone, or people living with
32nonrelatives (unrelated individuals).

33(C) If a family’s total income is less than the dollar value of the
34appropriate threshold, then that family and every individual in it
35shall be considered to be below poverty.

36(D) If an unrelated individual’s total income is less than the
37appropriate threshold, then that individual shall be considered to
38be below poverty.

39(E) Poverty status shall be determined for all people except
40institutionalized people, people in military group quarters, people
P11   1in college dormitories, and unrelated individuals under 15 years
2of age.

3(F) Census tracts that do not have a population for whom poverty
4status is determined shall be excluded.

5(G) After ordering the census tracts by the respective percent
6below poverty of each, the census tracts shall be divided into four
7equal quartiles as follows:

8(i) The first quartile shall represent the lowest fourth of the
9census tracts (the lowest 25 percent, inclusive).

10(ii) The second quartile shall represent the second fourth (tracts
11greater than 25 percent up to 50 percent, inclusive).

12(iii) The third quartile shall represent the third fourth (tracts
13greater than 50 percent up to 75 percent, inclusive).

14(iv) The fourth quartile shall represent the fourth fourth (tracts
15greater than 75 percent up to 100 percent, inclusive).

16(H) The last or highest quartile shall represent the top 25 percent
17of the census tracts with the highest percentage of population below
18poverty.

19(t) (1) Determine those census tracts that are within the lowest
20quartile of census tracts with the lowest civilian unemployment
21and poverty based on data from the five-year ACS. The census
22tracts that are within the lowest quartile for both civilian
23unemployment and poverty statistics, as determined in paragraphs
24(2) and (3) of subdivision (s), shall be determined to be census
25tracts within the lowest quartile of census tracts with the lowest
26civilian unemployment and poverty, as applied in subparagraph
27(A) of paragraph (8) of subdivision (b) of Section 17053.73 and
28Section 23626 of the Revenue and Taxation Code.

29(2) Based on the quartiles developed pursuant to paragraph (2)
30of subdivision (s), the first or lowest quartile shall represent the
31bottom 25 percent of the census tracts with the lowest civilian
32unemployment rates.

33(3) Based on the quartiles developed pursuant to paragraph (3)
34of subdivision (s), the first or lowest quartile shall represent the
35bottom 25 percent of the census tracts with the lowest percentage
36of population below poverty.

37

SEC. 3.  

Section 30061 of the Government Code is amended
38to read:

39

30061.  

(a) There shall be established in each county treasury
40a Supplemental Law Enforcement Services Account (SLESA), to
P12   1receive all amounts allocated to a county for purposes of
2implementing this chapter.

3(b) In any fiscal year for which a county receives moneys to be
4expended for the implementation of this chapter, the county auditor
5shall allocate the moneys in the county’s SLESA within 30 days
6of the deposit of those moneys into the fund. The moneys shall be
7allocated as follows:

8(1) Five and fifteen-hundredths percent to the county sheriff for
9county jail construction and operation. In the case of Madera,
10Napa, and Santa Clara Counties, this allocation shall be made to
11the county director or chief of corrections.

12(2) Five and fifteen-hundredths percent to the district attorney
13for criminal prosecution.

14(3) Thirty-nine and seven-tenths percent to the county and the
15cities within the county, and, in the case of San Mateo, Kern,
16Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
17Protection District, the Bear Valley Community Services District,
18the Stallion Springs Community Services District, the Lake
19Shastina Community Services District, and the Kensington Police
20Protection and Community Services District, in accordance with
21the relative population of the cities within the county and the
22unincorporated area of the county, and the Broadmoor Police
23Protection District in the County of San Mateo, the Bear Valley
24Community Services District and the Stallion Springs Community
25Services District in Kern County, the Lake Shastina Community
26Services District in Siskiyou County, and the Kensington Police
27Protection and Community Services District in Contra Costa
28County, as specified in the most recent January estimate by the
29population research unit of the Department of Finance, and as
30adjusted to provide, except as provided in subdivision (j), a grant
31of at least one hundred thousand dollars ($100,000) to each law
32enforcement jurisdiction. For a newly incorporated city whose
33population estimate is not published by the Department of Finance,
34but that was incorporated prior to July 1 of the fiscal year in which
35an allocation from the SLESA is to be made, the city manager, or
36an appointee of the legislative body, if a city manager is not
37available, and the county administrative or executive officer shall
38prepare a joint notification to the Department of Finance and the
39county auditor with a population estimate reduction of the
40unincorporated area of the county equal to the population of the
P13   1newly incorporated city by July 15, or within 15 days after the
2Budget Act is enacted, of the fiscal year in which an allocation
3from the SLESA is to be made. No person residing within the
4Broadmoor Police Protection District, the Bear Valley Community
5Services District, the Stallion Springs Community Services District,
6the Lake Shastina Community Services District, or the Kensington
7Police Protection and Community Services District shall also be
8counted as residing within the unincorporated area of the County
9of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city
10located within those counties. Except as provided in subdivision
11(j), the county auditor shall allocate a grant of at least one hundred
12thousand dollars ($100,000) to each law enforcement jurisdiction.
13Moneys allocated to the county pursuant to this subdivision shall
14be retained in the county SLESA, and moneys allocated to a city
15pursuant to this subdivision shall be deposited in an SLESA
16established in the city treasury.

17(4) Fifty percent to the county or city and county to implement
18a comprehensive multiagency juvenile justice plan as provided in
19this paragraph. The juvenile justice plan shall be developed by the
20local juvenile justice coordinating council in each county and city
21and county with the membership described in Section 749.22 of
22the Welfare and Institutions Code. If a plan has been previously
23approved by the Corrections Standards Authority or, commencing
24July 1, 2012, by the Board of State and Community Corrections,
25the plan shall be reviewed and modified annually by the council.
26The plan or modified plan shall be approved by the county board
27of supervisors, and in the case of a city and county, the plan shall
28also be approved by the mayor. The plan or modified plan shall
29be submitted to the Board of State and Community Corrections
30by May 1 of each year.

31(A) Juvenile justice plans shall include, but not be limited to,
32all of the following components:

33(i) An assessment of existing law enforcement, probation,
34education, mental health, health, social services, drug and alcohol,
35and youth services resources that specifically target at-risk
36juveniles, juvenile offenders, and their families.

37(ii) An identification and prioritization of the neighborhoods,
38schools, and other areas in the community that face a significant
39public safety risk from juvenile crime, such as gang activity,
40daylight burglary, late-night robbery, vandalism, truancy, controlled
P14   1substances sales, firearm-related violence, and juvenile substance
2abuse and alcohol use.

3(iii) A local juvenile justice action strategy that provides for a
4continuum of responses to juvenile crime and delinquency and
5demonstrates a collaborative and integrated approach for
6implementing a system of swift, certain, and graduated responses
7for at-risk youth and juvenile offenders.

8(iv) Programs identified in clause (iii) that are proposed to be
9funded pursuant to this subparagraph, including the projected
10amount of funding for each program.

11(B) Programs proposed to be funded shall satisfy all of the
12following requirements:

13(i) Be based on programs and approaches that have been
14demonstrated to be effective in reducing delinquency and
15addressing juvenile crime for any elements of response to juvenile
16crime and delinquency, including prevention, intervention,
17suppression, and incapacitation.

18(ii) Collaborate and integrate services of all the resources set
19forth in clause (i) of subparagraph (A), to the extent appropriate.

20(iii) Employ information sharing systems to ensure that county
21actions are fully coordinated, and designed to provide data for
22measuring the success of juvenile justice programs and strategies.

23(iv) Adopt goals related to the outcome measures that shall be
24used to determine the effectiveness of the local juvenile justice
25action strategy.

26(C) The plan shall also identify the specific objectives of the
27programs proposed for funding and specified outcome measures
28to determine the effectiveness of the programs and contain an
29accounting for all program participants, including those who do
30not complete the programs. Outcome measures of the programs
31proposed to be funded shall include, but not be limited to, all of
32the following:

33(i) The rate of juvenile arrests per 100,000 population.

34(ii) The rate of successful completion of probation.

35(iii) The rate of successful completion of restitution and
36court-ordered community service responsibilities.

37(iv) Arrest, incarceration, and probation violation rates of
38program participants.

39(v) Quantification of the annual per capita costs of the program.

P15   1(D) The Board of State and Community Corrections shall review
2plans or modified plans submitted pursuant to this paragraph within
330 days upon receipt of submitted or resubmitted plans or modified
4plans. The board shall approve only those plans or modified plans
5that fulfill the requirements of this paragraph, and shall advise a
6submitting county or city and county immediately upon the
7approval of its plan or modified plan. The board shall offer, and
8provide, if requested, technical assistance to any county or city
9and county that submits a plan or modified plan not in compliance
10with the requirements of this paragraph. The SLESA shall only
11allocate funding pursuant to this paragraph upon notification from
12the board that a plan or modified plan has been approved.

13(E) To assess the effectiveness of programs funded pursuant to
14this paragraph using the program outcome criteria specified in
15subparagraph (C), the following periodic reports shall be submitted:

16(i) Each county or city and county shall report, beginning
17October 15, 2002, and annually each October 15 thereafter, to the
18county board of supervisors and the Board of State and Community
19Corrections, in a format specified by the board, on the programs
20funded pursuant to this chapter and program outcomes as specified
21in subparagraph (C).

22(ii) The Board of State and Community Corrections shall
23compile the local reports and, by March 15, 2003, and annually
24thereafter, make a report to the Governor and the Legislature on
25program expenditures within each county and city and county from
26the appropriation for the purposes of this paragraph, on the
27outcomes as specified in subparagraph (C) of the programs funded
28pursuant to this paragraph and the statewide effectiveness of the
29comprehensive multiagency juvenile justice plans.

30(c) Subject to subdivision (d), for each fiscal year in which the
31county, each city, the Broadmoor Police Protection District, the
32Bear Valley Community Services District, the Stallion Springs
33Community Services District, the Lake Shastina Community
34Services District, and the Kensington Police Protection and
35Community Services District receive moneys pursuant to paragraph
36(3) of subdivision (b), the county, each city, and each district
37specified in this subdivision shall appropriate those moneys in
38accordance with the following procedures:

39(1) In the case of the county, the county board of supervisors
40shall appropriate existing and anticipated moneys exclusively to
P16   1provide frontline law enforcement services, other than those
2services specified in paragraphs (1) and (2) of subdivision (b), in
3the unincorporated areas of the county, in response to written
4requests submitted to the board by the county sheriff and the district
5attorney. Any request submitted pursuant to this paragraph shall
6specify the frontline law enforcement needs of the requesting
7entity, and those personnel, equipment, and programs that are
8necessary to meet those needs.

9(2) In the case of a city, the city council shall appropriate
10existing and anticipated moneys exclusively to fund frontline
11municipal police services, in accordance with written requests
12submitted by the chief of police of that city or the chief
13administrator of the law enforcement agency that provides police
14services for that city.

15(3) In the case of the Broadmoor Police Protection District
16within the County of San Mateo, the Bear Valley Community
17Services District or the Stallion Springs Community Services
18District within Kern County, the Lake Shastina Community
19Services District within Siskiyou County, or the Kensington Police
20Protection and Community Services District within Contra Costa
21County, the legislative body of that special district shall appropriate
22existing and anticipated moneys exclusively to fund frontline
23municipal police services, in accordance with written requests
24submitted by the chief administrator of the law enforcement agency
25that provides police services for that special district.

26(d) For each fiscal year in which the county, a city, or the
27Broadmoor Police Protection District within the County of San
28Mateo, the Bear Valley Community Services District or the Stallion
29Springs Community Services District within Kern County, the
30Lake Shastina Community Services District within Siskiyou
31County, or the Kensington Police Protection and Community
32Services District within Contra Costa County receives any moneys
33pursuant to this chapter, in no event shall the governing body of
34any of those recipient agencies subsequently alter any previous,
35valid appropriation by that body, for that same fiscal year, of
36moneys allocated to the county or city pursuant to paragraph (3)
37of subdivision (b).

38(e) For the 2011-12 fiscal year, the Controller shall allocate
3923.54 percent of the amount deposited in the Local Law
40Enforcement Services Account in the Local Revenue Fund 2011
P17   1for the purposes of paragraphs (1), (2), and (3) of subdivision (b),
2and shall allocate 23.54 percent for purposes of paragraph (4) of
3subdivision (b).

4(f) Commencing with the 2012-13 fiscal year, subsequent to
5the allocation described in subdivision (c) of Section 29552, the
6Controller shall allocate 23.54363596 percent of the remaining
7amount deposited in the Enhancing Law Enforcement Activities
8Subaccount in the Local Revenue Fund 2011 for the purposes of
9paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent
10to the allocation described in subdivision (c) of Section 29552,
11shall allocate 23.54363596 percent of the remaining amount for
12purposes of paragraph (4) of subdivision (b).

13(g) Commencing with the 2013-14 fiscal year, subsequent to
14the allocation described in subdivision (d) of Section 29552, the
15Controller shall allocate 23.54363596 percent of the remaining
16amount deposited in the Enhancing Law Enforcement Activities
17Subaccount in the Local Revenue Fund 2011 for the purposes of
18paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent
19to the allocation described in subdivision (d) of Section 29552,
20shall allocate 23.54363596 percent of the remaining amount for
21purposes of paragraph (4) of subdivision (b). The Controller shall
22allocate funds in monthly installments to local jurisdictions for
23public safety in accordance with this section as annually calculated
24by the Director of Finance.

25(h) Funds received pursuant to subdivision (b) shall be expended
26or encumbered in accordance with this chapter no later than June
2730 of the following fiscal year. A local agency that has not met
28the requirement of this subdivision shall remit unspent SLESA
29moneys received after April 1, 2009, to the Controller for deposit
30in the Local Safety and Protection Account, after April 1, 2012,
31to the Local Law Enforcement Services Account, and after July
321, 2012, to the County Enhancing Law Enforcement Activities
33Subaccount.

34(i) In the 2010-11 fiscal year, if the fourth quarter revenue
35derived from fees imposed by subdivision (a) of Section 10752.2
36 of the Revenue and Taxation Code that are deposited in the General
37Fund and transferred to the Local Safety and Protection Account,
38and continuously appropriated to the Controller for allocation
39pursuant to this section, are insufficient to provide a minimum
40grant of one hundred thousand dollars ($100,000) to each law
P18   1enforcement jurisdiction, the county auditor shall allocate the
2revenue proportionately, based on the allocation schedule in
3paragraph (3) of subdivision (b). The county auditor shall
4proportionately allocate, based on the allocation schedule in
5paragraph (3) of subdivision (b), all revenues received after the
6distribution of the fourth quarter allocation attributable to these
7fees for which payment was due prior to July 1, 2011, until all
8minimum allocations are fulfilled, at which point all remaining
9revenue shall be distributed proportionately among the other
10jurisdictions.

11

SEC. 4.  

Section 30070 of the Government Code is amended
12to read:

13

30070.  

(a) For the 2011-12 fiscal year, the program authorized
14by this chapter shall be funded from the Local Law Enforcement
15Services Account in the Local Revenue Fund 2011. The Controller
16shall, on a quarterly basis, beginning on October 1, 2011, allocate
174.07 percent of the moneys annually deposited in the Local Law
18Enforcement Services Account. Commencing with the 2012-13
19fiscal year, the program authorized by this chapter shall be funded
20from the Enhancing Law Enforcement Activities Subaccount in
21the Local Revenue Fund 2011. Subsequent to the allocation
22described in subdivision (c) of Section 29552, the Controller shall
23allocate 4.06682787 percent of the remaining moneys annually
24deposited in the Enhancing Law Enforcement Activities
25Subaccount in the Local Revenue Fund 2011. Commencing with
26the 2013-14 fiscal year, subsequent to the allocation described in
27subdivision (d) of Section 29552, the Controller shall allocate
284.06682787 percent of the remaining moneys annually deposited
29in the Enhancing Law Enforcement Activities Subaccount in the
30Local Revenue Fund 2011. Funds shall be allocated in monthly
31installments to county sheriffs’ departments to enhance law
32enforcement efforts in the counties specified in paragraphs (1) to
33(37), inclusive, according to the following schedule:


34

 

(1)Alpine County   

2.7027%

(2)Amador County   

2.7027%

(3)Butte County   

2.7027%

(4)Calaveras County   

2.7027%

(5)Colusa County   

2.7027%

(6)Del Norte County   

2.7027%

(7)El Dorado County   

2.7027%

(8)Glenn County   

2.7027%

(9)Humboldt County   

2.7027%

(10)Imperial County   

2.7027%

(11)Inyo County   

2.7027%

(12)Kings County   

2.7027%

(13)Lake County   

2.7027%

(14)Lassen County   

2.7027%

(15)Madera County   

2.7027%

(16)Marin County   

2.7027%

(17)Mariposa County   

2.7027%

(18)Mendocino County   

2.7027%

(19)Merced County   

2.7027%

(20)Modoc County   

2.7027%

(21)Mono County   

2.7027%

(22)Napa County   

2.7027%

(23)Nevada County   

2.7027%

(24)Placer County   

2.7027%

(25)Plumas County   

2.7027%

(26)San Benito County   

2.7027%

(27)San Luis Obispo County   

2.7027%

(28)Santa Cruz County   

2.7027%

(29)Shasta County   

2.7027%

(30)Sierra County   

2.7027%

(31)Siskiyou County   

2.7027%

(32)Sutter County   

2.7027%

(33)Tehama County   

2.7027%

(34)Trinity County   

2.7027%

(35)Tuolumne County   

2.7027%

(36)Yolo County   

2.7027%

(37)Yuba County   

2.7027%

P19  32

 

33(b) Funds allocated pursuant to this section shall be used to
34supplement rather than supplant existing law enforcement
35resources.

36(c) The funds allocated pursuant to this section may not be used
37for any video surveillance or monitoring of the general public.

38

SEC. 5.  

Section 1231 of the Penal Code is amended to read:

P20   1

1231.  

(a) Community corrections programs funded pursuant
2to this act shall identify and track specific outcome-based measures
3consistent with the goals of this act.

4(b) The Administrative Office of the Courts, in consultation
5with the Chief Probation Officers of California, shall specify and
6define minimum required outcome-based measures, which shall
7include, but not be limited to, all of the following:

8(1) The percentage of persons subject to local supervision who
9are being supervised in accordance with evidence-based practices.

10(2) The percentage of state moneys expended for programs that
11are evidence based, and a descriptive list of all programs that are
12evidence based.

13(3) Specification of supervision policies, procedures, programs,
14and practices that were eliminated.

15(4) The percentage of persons subject to local supervision who
16successfully complete the period of supervision.

17(c) Each CPO receiving funding pursuant to Sections 1233 to
181233.6, inclusive, shall provide an annual written report to the
19Administrative Office of the Courts evaluating the effectiveness
20of the community corrections program, including, but not limited
21to, the data described in subdivision (b).

22(d) The Administrative Office of the Courts shall, in consultation
23with the CPO of each county and the Department of Corrections
24and Rehabilitation, provide a quarterly statistical report to the
25Department of Finance including, but not limited to, the following
26statistical information for each county:

27(1) The number of felony filings.

28(2) The number of felony convictions.

29(3) The number of felony convictions in which the defendant
30was sentenced to the state prison.

31(4) The number of felony convictions in which the defendant
32was granted probation.

33(5) The adult felon probation population.

34(6) The number of felons who had their probation revoked and
35were sent to prison for that revocation.

36(7) The number of adult felony probationers sent to state prison
37for a conviction of a new felony offense, including when probation
38was revoked or terminated.

39(8) The number of felons who had their probation revoked and
40were sent to county jail for that revocation.

P21   1(9) The number of adult felony probationers sent to county jail
2for a conviction of a new felony offense, including when probation
3was revoked or terminated.

4(10) The number of felons placed on postrelease community
5supervision, commencing January 1, 2012.

6(11) The number of felons placed on mandatory supervision,
7commencing January 1, 2012.

8(12) The mandatory supervision population, commencing
9January 1, 2012.

10(13) The postrelease community supervision population,
11commencing January 1, 2012.

12(14) The number of felons on postrelease community supervision
13sentenced to state prison for a conviction of a new felony offense,
14commencing January 1, 2012.

15(15) The number of felons on mandatory supervision sentenced
16to state prison for a conviction of a new felony offense,
17commencing January 1, 2012.

18(16) The number of felons who had their postrelease community
19supervision revoked and were sent to county jail for that revocation,
20commencing January 1, 2012.

21(17) The number of felons on postrelease community supervision
22sentenced to county jail for a conviction of a new felony offense,
23including when postrelease community supervision was revoked
24or terminated, commencing January 1, 2012.

25(18) The number of felons who had their mandatory supervision
26revoked and were sentenced to county jail for that revocation,
27commencing January 1, 2012.

28(19) The number of felons on mandatory supervision sentenced
29to county jail for a conviction of a new felony offense, including
30when mandatory supervision was revoked or terminated,
31commencing January 1, 2012.

32

SEC. 6.  

Section 13821 of the Penal Code is amended to read:

33

13821.  

(a) For the 2011-12 fiscal year, the Controller shall
34allocate 9 percent of the amount deposited in the Local Law
35Enforcement Services Account in the Local Revenue Fund 2011
36to the California Emergency Management Agency. The Controller
37shall allocate these funds on a quarterly basis beginning on October
381. These funds shall be allocated by the Controller pursuant to a
39schedule provided by the California Emergency Management
P22   1Agency which shall be developed according to the agency’s
2existing programmatic guidelines and the following percentages:

3(1) The California Multi-Jurisdictional Methamphetamine
4Enforcement Teams shall receive 47.52 percent in the 2011-12
5fiscal year.

6(2) The Multi-Agency Gang Enforcement Consortium shall
7receive 0.2 percent in the 2011-12 fiscal year.

8(3) The Sexual Assault Felony Enforcement Teams, authorized
9by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
10year.

11(4) The High Technology Theft Apprehension and Prosecution
12Program, authorized by Section 13848.2, shall receive 26.83
13percent in the 2011-12 fiscal year.

14(5) The Gang Violence Suppression Program authorized by
15Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
16year.

17(6) The Central Valley and Central Coast Rural Crime
18Prevention Programs, authorized by Sections 14170 and 14180,
19shall receive 9.06 percent in the 2011-12 fiscal year.

20(b) For the 2011-12 fiscal year, the California Emergency
21Management Agency may be reimbursed up to five hundred eleven
22thousand dollars ($511,000) from the funds allocated in subdivision
23(a) for program administrative costs.

24(c) Commencing with the 2012-13 fiscal year, subsequent to
25the allocation described in subdivision (c) of Section 29552 of the
26Government Code, and commencing with the 2013-14 fiscal year,
27subsequent to the allocation described in subdivision (d) of Section
2829552 of the Government Code, the Controller shall allocate
298.99758189 percent of the remaining amount deposited in the
30Enhancing Law Enforcement Activities Subaccount in the Local
31Revenue Fund 2011 and shall distribute the moneys as follows:

32(1) Commencing with the 2012-13 fiscal year, the California
33Multi-Jurisdictional Methamphetamine Enforcement Teams shall
34receive 47.52015636 percent and shall be allocated by the
35Controller according to the following schedule:


36

 

Alameda County

1.7109%

Alpine County

0.6327%

Amador County

0.6327%

Butte County

1.6666%

Calaveras County

0.8435%

Colusa County

0.1623%

Contra Costa County

1.3163%

Del Norte County

0.2167%

El Dorado County

1.3716%

Fresno County

5.3775%

Glenn County

0.2130%

Humboldt County

1.0198%

Imperial County

2.5510%

Inyo County

0.6327%

Kern County

5.6938%

Kings County

0.9701%

Lake County

0.6604%

Lassen County

0.2643%

Los Angeles County

5.3239%

Madera County

0.9701%

Marin County

0.6292%

Mariposa County

0.6327%

Mendocino County

0.6846%

Merced County

1.8136%

Modoc County

0.0734%

Mono County

0.6327%

Monterey County

0.9018%

Napa County

0.6803%

Nevada County

0.7482%

Orange County

1.5661%

Placer County

2.6395%

Plumas County

0.1516%

Riverside County

5.6395%

Sacramento County

10.0169%

San Benito County

0.8404%

San Bernardino County

8.9364%

San Diego County

2.5510%

San Francisco County

1.0034%

San Joaquin County

4.6394%

San Luis Obispo County

1.3483%

San Mateo County

1.1224%

Santa Barbara County

1.3483%

Santa Clara County

2.0612%

Santa Cruz County

0.8333%

Shasta County

1.3426%

Sierra County

0.0245%

Siskiyou County

0.3401%

Solano County

1.8979%

Sonoma County

1.1610%

Stanislaus County

3.6272%

Sutter County

0.7177%

Tehama County

0.4808%

Trinity County

0.1044%

Tulare County

2.5306%

Tuolumne County

0.6327%

Ventura County

1.3483%

Yolo County

1.5215%

Yuba County

0.5466%

2324P26   517313262324P26   71326276

 

19(2) Commencing with the 2013-14 fiscal year, the California
20Multi-Jurisdictional Methamphetamine Enforcement Teams shall
21receive 47.52015636 percent and shall be allocated in monthly
22installments by the Controller according to the following schedule:

 

Alameda County

1.7109%

Alpine County

0.6327%

Amador County

0.6327%

Butte County

1.6666%

Calaveras County

0.8435%

Colusa County

0.1623%

Contra Costa County

1.3163%

Del Norte County

0.2167%

El Dorado County

1.3716%

Fresno County

5.3775%

Glenn County

0.2130%

Humboldt County

1.0198%

Imperial County

2.5510%

Inyo County

0.6327%

Kern County

5.6938%

Kings County

0.9701%

Lake County

0.6604%

Lassen County

0.2643%

Los Angeles County

5.3239%

Madera County

0.9701%

Marin County

0.6292%

Mariposa County

0.6327%

Mendocino County

0.6846%

Merced County

1.8136%

Modoc County

0.0734%

Mono County

0.6327%

Monterey County

0.9018%

Napa County

0.6803%

Nevada County

0.7482%

Orange County

1.5661%

Placer County

2.6395%

Plumas County

0.1516%

Riverside County

5.6395%

Sacramento County

10.0169%

San Benito County

0.8404%

San Bernardino County

8.9364%

San Diego County

2.5510%

San Francisco County

1.0034%

San Joaquin County

4.6394%

San Luis Obispo County

1.3483%

San Mateo County

1.1224%

Santa Barbara County

1.3483%

Santa Clara County

2.0612%

Santa Cruz County

0.8333%

Shasta County

1.3426%

Sierra County

0.0245%

Siskiyou County

0.3401%

Solano County

1.8979%

Sonoma County

1.1610%

Stanislaus County

3.6272%

Sutter County

0.7177%

Tehama County

0.4808%

Trinity County

0.1044%

Tulare County

2.5306%

Tuolumne County

0.6327%

Ventura County

1.3483%

Yolo County

1.5215%

Yuba County

0.5466%

P26   517313262324P26   71326276

 

6(3) Commencing with the 2012-13 fiscal year, the Multi-Agency
7Gang Enforcement Consortium shall receive 0.19545566 percent
8and shall be allocated by the Controller to Fresno County.

9(4) Commencing with the 2013-14 fiscal year, the Multi-Agency
10Gang Enforcement Consortium shall receive 0.19545566 percent
11and shall be allocated in monthly installments by the Controller
12to Fresno County.

13(5) Commencing with the 2012-13 fiscal year, the Sexual
14Assault Felony Enforcement Teams, authorized by Section 13887,
15shall receive 12.48473003 percent and shall be allocated by the
16Controller according to the following schedule:

 

Los Angeles County

21.0294%

Riverside County

12.8778%

Sacramento County

14.0198%

San Luis Obispo County

12.0168%

Santa Clara County

17.0238%

Shasta County

12.0168%

Tulare County

11.0156%

313262324P26   71326276

 

26(6) Commencing with the 2013-14 fiscal year, the Sexual
27Assault Felony Enforcement Teams, authorized by Section 13887,
28shall receive 12.48473003 percent and shall be allocated by the
29Controller in monthly installments according to the following
30schedule:

 

Los Angeles County

21.0294%

Riverside County

12.8778%

Sacramento County

14.0198%

San Luis Obispo County

12.0168%

Santa Clara County

17.0238%

Shasta County

12.0168%

Tulare County

11.0156%

62324P26   71326276

 

P27   1(7) Commencing with the 2012-13 fiscal year, the High
2Technology Theft Apprehension and Prosecution Program,
3authorized by Section 13848.2, shall receive 26.82628879 percent
4and shall be allocated by the Controller according to the following
5schedule:

 

Los Angeles County

18.25%

Marin County

18.25%

Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4

7.00%

Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4

1.75%

Sacramento County

18.25%

San Diego County

18.25%

Santa Clara County

18.25%

2324P26   71326276

 

18(8) Commencing with the 2013-14 fiscal year, the High
19Technology Theft Apprehension and Prosecution Program,
20authorized by Section 13848.2, shall receive 26.82628879 percent
21and shall be allocated by the Controller in monthly installments
22according to the following schedule:

 

Los Angeles County

18.25%

Marin County

18.25%

Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4

7.00%

Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4

1.75%

Sacramento County

18.25%

San Diego County

18.25%

Santa Clara County

18.25%

P26   71326276

 

35(9) Commencing with the 2012-13 fiscal year, the Gang
36Violence Suppression Program, authorized by Section 13826.1,
37shall receive 3.90911312 percent and shall be allocated by the
38Controller according to the following schedule:

 

Alameda County

9.6775%

Los Angeles County

22.5808%

Monterey County

9.6775%

Napa County

17.7417%

City of Oxnard

17.7417%

City of Sacramento

22.5808%

1326276

 

8(10) Commencing with the 2013-14 fiscal year, the Gang
9Violence Suppression Program, authorized by Section 13826.1,
10shall receive 3.90911312 percent and shall be allocated by the
11Controller in monthly installments according to the following
12schedule:

 

Alameda County

9.6775%

Los Angeles County

22.5808%

Monterey County

9.6775%

Napa County

17.7417%

City of Oxnard

17.7417%

City of Sacramento

22.5808%

26276

 

21(11) Commencing with the 2012-13 fiscal year, the Central
22Valley and Central Coast Rural Crime Prevention Programs,
23authorized by Sections 14170 and 14180, shall receive 9.06425605
24percent and shall be allocated by the Controller according to the
25following schedule:

 

Fresno County

18.5588%

Kern County

13.7173%

Kings County

6.8587%

Madera County

4.4380%

Merced County

6.8587%

Monterey County

7.2411%

San Benito County

4.8273%

San Joaquin County

6.8587%

San Luis Obispo County

2.1723%

Santa Barbara County

3.6206%

Santa Cruz County

1.4482%

Stanislaus County

6.8587%

Tulare County

16.5415%

6

 

P29   1(12) Commencing with the 2013-14 fiscal year, the Central
2Valley and Central Coast Rural Crime Prevention Programs,
3authorized by Sections 14170 and 14180, shall receive 9.06425605
4percent and shall be allocated by the Controller in monthly
5installments according to the following schedule:

 

Fresno County

18.5588%

Kern County

13.7173%

Kings County

6.8587%

Madera County

4.4380%

Merced County

6.8587%

Monterey County

7.2411%

San Benito County

4.8273%

San Joaquin County

6.8587%

San Luis Obispo County

2.1723%

Santa Barbara County

3.6206%

Santa Cruz County

1.4482%

Stanislaus County

6.8587%

Tulare County

16.5415%

 

21(d) For any of the programs described in this section, funding
22will be distributed by local agencies as would otherwise have
23occurred pursuant to Section 1 of Chapter 13 of the Statutes of
242011, First Extraordinary Session.

25

SEC. 7.  

Section 17053.33 of the Revenue and Taxation Code
26 is amended to read:

27

17053.33.  

(a) For each taxable year beginning on or after
28January 1, 1998, and before January 1, 2014, there shall be allowed
29as a credit against the “net tax” (as defined in Section 17039) for
30the taxable year an amount equal to the sales or use tax paid or
31incurred during the taxable year by the qualified taxpayer in
32connection with the qualified taxpayer’s purchase of qualified
33property before January 1, 2014.

34(b) For purposes of this section:

35(1) “Qualified property” means property that meets all of the
36following requirements:

37(A) Is any of the following:

38(i) Machinery and machinery parts used for fabricating,
39processing, assembling, and manufacturing.

P30   1(ii) Machinery and machinery parts used for the production of
2renewable energy resources.

3(iii) Machinery and machinery parts used for either of the
4following:

5(I) Air pollution control mechanisms.

6(II) Water pollution control mechanisms.

7(iv) Data-processing and communications equipment, such as
8computers, computer-automated drafting systems, copy machines,
9telephone systems, and faxes.

10(v) Motion picture manufacturing equipment central to
11production and postproduction, such as cameras, audio recorders,
12and digital image and sound processing equipment.

13(B) The total cost of qualified property purchased and placed
14in service in any taxable year that may be taken into account by
15any qualified taxpayer for purposes of claiming this credit shall
16not exceed one million dollars ($1,000,000).

17(C) The qualified property is used by the qualified taxpayer
18exclusively in a targeted tax area, or in the case of a targeted tax
19area that was repealed by Chapter 69 of the Statutes of 2013, the
20area designated as a targeted tax area immediately prior to the
21repeal.

22(D) The qualified property is purchased before the date the
23targeted tax area designation expires, is revoked, is no longer
24binding, becomes inoperative, or is repealed.

25(E) The qualified property is placed in service before January
261, 2015.

27(2) (A) “Qualified taxpayer” means a person or entity that meets
28both of the following:

29(i) Is engaged in a trade or business within a targeted tax area
30designated pursuant to Chapter 12.93 (commencing with Section
317097) of Division 7 of Title 1 of the Government Code.

32(ii) Is engaged in those lines of business described in Codes
332000 to 2099, inclusive; 2200 to 3999, inclusive; 4200 to 4299,
34inclusive; 4500 to 4599, inclusive; and 4700 to 5199, inclusive,
35of the Standard Industrial Classification (SIC) Manual published
36by the United States Office of Management and Budget, 1987
37edition.

38(B) In the case of any pass-through entity, the determination of
39whether a taxpayer is a qualified taxpayer under this section shall
40be made at the entity level and any credit under this section or
P31   1Section 23633 shall be allowed to the pass-through entity and
2passed through to the partners or shareholders in accordance with
3applicable provisions of this part or Part 11 (commencing with
4Section 23001). For purposes of this subparagraph, the term
5“pass-through entity” means any partnership or S corporation.

6(3) “Targeted tax area” means the area designated pursuant to
7Chapter 12.93 (commencing with Section 7097) of Division 7 of
8Title 1 of the Government Code as it read on July 11, 2013.

9(c) If the qualified taxpayer is allowed a credit for qualified
10property pursuant to this section, only one credit shall be allowed
11to the taxpayer under this part with respect to that qualified
12property.

13(d) If the qualified taxpayer has purchased property upon which
14a use tax has been paid or incurred, the credit provided by this
15section shall be allowed only if qualified property of a comparable
16quality and price is not timely available for purchase in this state.

17(e) In the case where the credit otherwise allowed under this
18section exceeds the “net tax” for the taxable year, that portion of
19the credit that exceeds the “net tax” may be carried over and added
20to the credit, if any, in the succeeding 10 taxable years, if necessary,
21until the credit is exhausted. The credit shall be applied first to the
22earliest taxable years possible.

23(f) Any qualified taxpayer who elects to be subject to this section
24shall not be entitled to increase the basis of the qualified property
25as otherwise required by Section 164(a) of the Internal Revenue
26Code with respect to sales or use tax paid or incurred in connection
27with the qualified taxpayer’s purchase of qualified property.

28(g) (1) The amount of the credit otherwise allowed under this
29section and Section 17053.34, including any credit carryover from
30prior years, that may reduce the “net tax” for the taxable year shall
31not exceed the amount of tax that would be imposed on the
32qualified taxpayer’s business income attributable to the targeted
33tax area determined as if that attributable income represented all
34of the income of the qualified taxpayer subject to tax under this
35part.

36(2) Attributable income shall be that portion of the taxpayer’s
37California source business income that is apportioned to the
38targeted tax area. For that purpose, the taxpayer’s business income
39attributable to sources in this state first shall be determined in
40accordance with Chapter 17 (commencing with Section 25101) of
P32   1Part 11. That business income shall be further apportioned to the
2targeted tax area in accordance with Article 2 (commencing with
3Section 25120) of Chapter 17 of Part 11, modified for purposes
4of this section in accordance with paragraph (3).

5(3) Business income shall be apportioned to the targeted tax
6area by multiplying the total California business income of the
7taxpayer by a fraction, the numerator of which is the property
8factor plus the payroll factor, and the denominator of which is two.
9For purposes of this paragraph:

10(A) The property factor is a fraction, the numerator of which is
11the average value of the taxpayer’s real and tangible personal
12property owned or rented and used in the targeted tax area during
13the taxable year, and the denominator of which is the average value
14of all the taxpayer’s real and tangible personal property owned or
15rented and used in this state during the taxable year.

16(B) The payroll factor is a fraction, the numerator of which is
17the total amount paid by the taxpayer in the targeted tax area during
18the taxable year for compensation, and the denominator of which
19is the total compensation paid by the taxpayer in this state during
20the taxable year.

21(4) The portion of any credit remaining, if any, after application
22of this subdivision, shall be carried over to succeeding taxable
23years, if necessary, until the credit is exhausted, as if it were an
24amount exceeding the “net tax” for the taxable year, as provided
25in subdivision (e). However, the portion of any credit remaining
26for carryover to taxable years beginning on or after January 1,
272014, if any, after application of this subdivision, shall be carried
28over only to the succeeding 10 taxable years if necessary, until the
29credit is exhausted, as if it were an amount exceeding the “net tax”
30for the taxable year, as provided in subdivision (e).

31(5) In the event that a credit carryover is allowable under
32subdivision (e) for any taxable year after the targeted tax area
33designation has expired, has been revoked, is no longer binding,
34or has become inoperative, the targeted tax area shall be deemed
35to remain in existence for purposes of computing the limitation
36specified in this subdivision.

37(h) The amendments made to this section by the act adding this
38subdivision shall apply to taxable years beginning on or after
39January 1, 1998.

40(i) This section is repealed on December 1, 2015.

P33   1

SEC. 8.  

Section 17053.70 of the Revenue and Taxation Code
2 is amended to read:

3

17053.70.  

(a) There shall be allowed as a credit against the
4“net tax” (as defined in Section 17039) for the taxable year an
5amount equal to the sales or use tax paid or incurred during the
6taxable year by the taxpayer in connection with the taxpayer’s
7purchase of qualified property before January 1, 2014.

8(b) For purposes of this section:

9(1) “Taxpayer” means a person or entity engaged in a trade or
10business within an enterprise zone.

11(2) “Qualified property” means:

12(A) Any of the following:

13(i) Machinery and machinery parts used for fabricating,
14processing, assembling, and manufacturing.

15(ii) Machinery and machinery parts used for the production of
16renewable energy resources.

17(iii) Machinery and machinery parts used for either of the
18following:

19(I) Air pollution control mechanisms.

20(II) Water pollution control mechanisms.

21(iv) Data processing and communications equipment, including,
22but not limited, to computers, computer-automated drafting
23systems, copy machines, telephone systems, and faxes.

24(v) Motion picture manufacturing equipment central to
25production and postproduction, including, but not limited to,
26cameras, audio recorders, and digital image and sound processing
27equipment.

28(B) The total cost of qualified property purchased and placed
29in service in any taxable year that may be taken into account by
30any taxpayer for purposes of claiming this credit shall not exceed
31one million dollars ($1,000,000).

32(C) The qualified property is used by the taxpayer exclusively
33in an enterprise zone, or in the case of an enterprise zone that was
34repealed by Chapter 69 of the Statutes of 2013, the area designated
35as an enterprise zone immediately prior to the repeal.

36(D) The qualified property is purchased before the date the
37enterprise zone designation expires, is revoked, is no longer
38binding, becomes inoperative, or is repealed.

39(E) The qualified property is placed in service before January
401, 2015.

P34   1(3) “Enterprise zone” means the area designated as an enterprise
2zone pursuant to Chapter 12.8 (commencing with Section 7070)
3of Division 7 of Title 1 of the Government Code as it read on July
411, 2013.

5(c) If the taxpayer has purchased property upon which a use tax
6has been paid or incurred, the credit provided by this section shall
7be allowed only if qualified property of a comparable quality and
8price is not timely available for purchase in this state.

9(d) In the case where the credit otherwise allowed under this
10 section exceeds the “net tax” for the taxable year, that portion of
11the credit that exceeds the “net tax” may be carried over and added
12to the credit, if any, in the succeeding 10 taxable years, if necessary,
13until the credit is exhausted. The credit shall be applied first to the
14earliest taxable years possible.

15(e) Any taxpayer that elects to be subject to this section shall
16not be entitled to increase the basis of the qualified property as
17otherwise required by Section 164(a) of the Internal Revenue Code
18with respect to sales or use tax paid or incurred in connection with
19the taxpayer’s purchase of qualified property.

20(f) (1) The amount of the credit otherwise allowed under this
21section and Section 17053.74, including any credit carryover from
22prior years, that may reduce the “net tax” for the taxable year shall
23not exceed the amount of tax that would be imposed on the
24taxpayer’s business income attributable to the enterprise zone
25determined as if that attributable income represented all of the
26income of the taxpayer subject to tax under this part.

27(2)  Attributable income shall be that portion of the taxpayer’s
28California source business income that is apportioned to the
29enterprise zone. For that purpose, the taxpayer’s business income
30attributable to sources in this state first shall be determined in
31accordance with Chapter 17 (commencing with Section 25101) of
32Part 11. That business income shall be further apportioned to the
33enterprise zone in accordance with Article 2 (commencing with
34Section 25120) of Chapter 17 of Part 11, modified for purposes
35of this section in accordance with paragraph (3).

36(3) Business income shall be apportioned to the enterprise zone
37by multiplying the total California business income of the taxpayer
38 by a fraction, the numerator of which is the property factor plus
39the payroll factor, and the denominator of which is two. For
40purposes of this paragraph:

P35   1(A) The property factor is a fraction, the numerator of which is
2the average value of the taxpayer’s real and tangible personal
3property owned or rented and used in the enterprise zone during
4the taxable year, and the denominator of which is the average value
5of all the taxpayer’s real and tangible personal property owned or
6rented and used in this state during the taxable year.

7(B) The payroll factor is a fraction, the numerator of which is
8the total amount paid by the taxpayer in the enterprise zone during
9the taxable year for compensation, and the denominator of which
10is the total compensation paid by the taxpayer in this state during
11the taxable year.

12(4) The portion of any credit remaining, if any, after application
13of this subdivision, shall be carried over to succeeding taxable
14years, if necessary, until the credit is exhausted, as if it were an
15amount exceeding the “net tax” for the taxable year, as provided
16in subdivision (d). However, the portion of any credit remaining
17for carryover to taxable years beginning on or after January 1,
182014, if any, after application of this subdivision, shall be carried
19over only to the succeeding 10 taxable years, if necessary, until
20the credit is exhausted, as if it were an amount exceeding the “net
21tax” for the taxable year, as provided in subdivision (d).

22(g) The amendments made to this section by the act adding this
23subdivision shall apply to taxable years beginning on or after
24January 1, 1998.

25(h) This section is repealed on December 1, 2015.

26

SEC. 9.  

Section 18410.2 of the Revenue and Taxation Code
27 is amended to read:

28

18410.2.  

(a) The California Competes Tax Credit Committee
29is hereby established. The committee shall consist of the Treasurer,
30the Director of Finance, and the Director of the Governor’s Office
31of Business and Economic Development, who shall serve as chair
32of the committee, or their designated representatives, and one
33appointee each by the Speaker of the Assembly and the Senate
34Committee on Rules. A member of the Legislature shall not be
35appointed.

36(b) For purposes of Sections 17059.2 and 23689, the California
37Competes Tax Credit Committee shall do all of the following:

38(1) Approve or reject any written agreement for a tax credit
39allocation by resolution at a duly noticed public meeting held in
40accordance with the Bagley-Keene Open Meeting Act (Article 9
P36   1(commencing with Section 11120) of Chapter 1 of Part 1 of
2Division 3 of Title 2 of the Government Code), but only after
3receipt of the fully executed written agreement between the
4taxpayer and the Governor’s Office of Business and Economic
5Development.

6(2) Approve or reject any recommendation to recapture, in whole
7or in part, a tax credit allocation by resolution at a duly noticed
8public meeting held in accordance with the Bagley-Keene Open
9Meeting Act (Article 9 (commencing with Section 11120) of
10Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
11Code), but only after receipt of the recommendation from the
12Governor’s Office of Business and Economic Development
13pursuant to the terms of the fully executed written agreement.

14

SEC. 10.  

Section 23612.2 of the Revenue and Taxation Code
15 is amended to read:

16

23612.2.  

(a) There shall be allowed as a credit against the
17“tax” (as defined by Section 23036) for the taxable year an amount
18equal to the sales or use tax paid or incurred during the taxable
19year by the taxpayer in connection with the taxpayer’s purchase
20of qualified property before January 1, 2014.

21(b) For purposes of this section:

22(1) “Taxpayer” means a corporation engaged in a trade or
23business within an enterprise zone.

24(2) “Qualified property” means:

25(A) Any of the following:

26(i) Machinery and machinery parts used for fabricating,
27processing, assembling, and manufacturing.

28(ii) Machinery and machinery parts used for the production of
29renewable energy resources.

30(iii) Machinery and machinery parts used for either of the
31following:

32(I) Air pollution control mechanisms.

33(II) Water pollution control mechanisms.

34(iv) Data-processing and communications equipment, including,
35but not limited to, computers, computer-automated drafting
36systems, copy machines, telephone systems, and faxes.

37(v) Motion picture manufacturing equipment central to
38production and postproduction, including, but not limited to,
39cameras, audio recorders, and digital image and sound processing
40equipment.

P37   1(B) The total cost of qualified property purchased and placed
2in service in any taxable year that may be taken into account by
3any taxpayer for purposes of claiming this credit shall not exceed
4twenty million dollars ($20,000,000).

5(C) The qualified property is used by the taxpayer exclusively
6in an enterprise zone, or in the case of an enterprise zone that was
7repealed by Chapter 69 of the Statutes of 2013, the area designated
8as an enterprise zone immediately prior to the repeal.

9(D) The qualified property is purchased before the date the
10enterprise zone designation expires, is revoked, is no longer
11binding, becomes inoperative, or is repealed.

12(E) The qualified property is placed in service before January
131, 2015.

14(3) “Enterprise zone” means the area designated as an enterprise
15zone pursuant to Chapter 12.8 (commencing with Section 7070)
16of Division 7 of Title 1 of the Government Code as it read on July
1711, 2013.

18(c) If the taxpayer has purchased property upon which a use tax
19has been paid or incurred, the credit provided by this section shall
20be allowed only if qualified property of a comparable quality and
21price is not timely available for purchase in this state.

22(d) In the case where the credit otherwise allowed under this
23 section exceeds the “tax” for the taxable year, that portion of the
24credit which exceeds the “tax” may be carried over and added to
25the credit, if any, in the succeeding 10 taxable years if necessary,
26until the credit is exhausted. The credit shall be applied first to the
27earliest taxable years possible.

28(e) Any taxpayer that elects to be subject to this section shall
29not be entitled to increase the basis of the qualified property as
30otherwise required by Section 164(a) of the Internal Revenue Code
31with respect to sales or use tax paid or incurred in connection with
32the taxpayer’s purchase of qualified property.

33(f) (1) The amount of credit otherwise allowed under this
34section and Section 23622.7, including any credit carryover from
35prior years, that may reduce the “tax” for the taxable year shall
36not exceed the amount of tax which would be imposed on the
37 taxpayer’s business income attributable to the enterprise zone
38determined as if that attributable income represented all of the
39income of the taxpayer subject to tax under this part.

P38   1(2) Attributable income shall be that portion of the taxpayer’s
2California source business income that is apportioned to the
3enterprise zone. For that purpose, the taxpayer’s business income
4attributable to sources in this state first shall be determined in
5accordance with Chapter 17 (commencing with Section 25101).
6That business income shall be further apportioned to the enterprise
7zone in accordance with Article 2 (commencing with Section
825120) of Chapter 17, modified for purposes of this section in
9accordance with paragraph (3).

10(3) Business income shall be apportioned to the enterprise zone
11by multiplying the total California business income of the taxpayer
12by a fraction, the numerator of which is the property factor plus
13the payroll factor, and the denominator of which is two. For
14purposes of this paragraph:

15(A) The property factor is a fraction, the numerator of which is
16the average value of the taxpayer’s real and tangible personal
17property owned or rented and used in the enterprise zone during
18the taxable year, and the denominator of which is the average value
19of all the taxpayer’s real and tangible personal property owned or
20rented and used in this state during the taxable year.

21(B) The payroll factor is a fraction, the numerator of which is
22the total amount paid by the taxpayer in the enterprise zone during
23the taxable year for compensation, and the denominator of which
24is the total compensation paid by the taxpayer in this state during
25the taxable year.

26(4) The portion of any credit remaining, if any, after application
27of this subdivision, shall be carried over to succeeding taxable
28years if necessary, until the credit is exhausted, as if it were an
29amount exceeding the “tax” for the taxable year, as provided in
30subdivision (d). However, the portion of any credit remaining for
31carryover to taxable years beginning on January 1, 2014, if any,
32after application of this subdivision, shall be carried over only to
33the succeeding 10 taxable years if necessary, until the credit is
34exhausted, as if it were an amount exceeding the “tax” for the
35taxable year, as provided in subdivision (d).

36(g) The amendments made to this section by the act adding this
37subdivision shall apply to taxable years beginning on or after
38January 1, 1998.

39(h) This section is repealed on December 1, 2015.

P39   1

SEC. 11.  

Section 23633 of the Revenue and Taxation Code is
2amended to read:

3

23633.  

(a) For each taxable year beginning on or after January
41, 1998, and before January 1, 2014, there shall be allowed as a
5credit against the “tax” (as defined by Section 23036) for the
6taxable year an amount equal to the sales or use tax paid or incurred
7during the taxable year by the qualified taxpayer in connection
8with the qualified taxpayer’s purchase of qualified property before
9January 1, 2014.

10(b) For purposes of this section:

11(1) “Qualified property” means property that meets all of the
12following requirements:

13(A) Is any of the following:

14(i) Machinery and machinery parts used for fabricating,
15processing, assembling, and manufacturing.

16(ii) Machinery and machinery parts used for the production of
17renewable energy resources.

18(iii) Machinery and machinery parts used for either of the
19following:

20(I) Air pollution control mechanisms.

21(II) Water pollution control mechanisms.

22(iv) Data-processing and communications equipment, such as
23computers, computer-automated drafting systems, copy machines,
24telephone systems, and faxes.

25(v) Motion picture manufacturing equipment central to
26production and postproduction, such as cameras, audio recorders,
27and digital image and sound processing equipment.

28(B) The total cost of qualified property purchased and placed
29in service in any taxable year that may be taken into account by
30any qualified taxpayer for purposes of claiming this credit shall
31not exceed twenty million dollars ($20,000,000).

32(C) The qualified property is used by the qualified taxpayer
33exclusively in a targeted tax area, or in the case of a targeted tax
34area that was repealed by Chapter 69 of the Statutes of 2013, the
35area designated as a targeted tax area immediately prior to the
36repeal.

37(D) The qualified property is purchased before the date the
38targeted tax area designation expires, is revoked, is no longer
39binding, becomes inoperative, or is repealed.

P40   1(E) The qualified property is placed in service before January
21, 2015.

3(2) (A) “Qualified taxpayer” means a corporation that meets
4both of the following:

5(i) Is engaged in a trade or business within a targeted tax area
6designated pursuant to Chapter 12.93 (commencing with Section
77097) of Division 7 of Title 1 of the Government Code.

8(ii) Is engaged in those lines of business described in Codes
92000 to 2099, inclusive; 2200 to 3999, inclusive; 4200 to 4299,
10inclusive; 4500 to 4599, inclusive; and 4700 to 5199, inclusive,
11of the Standard Industrial Classification (SIC) Manual published
12by the United States Office of Management and Budget, 1987
13edition.

14(B) In the case of any pass-through entity, the determination of
15whether a taxpayer is a qualified taxpayer under this section shall
16be made at the entity level and any credit under this section or
17Section 17053.33 shall be allowed to the pass-through entity and
18passed through to the partners or shareholders in accordance with
19applicable provisions of this part or Part 10 (commencing with
20Section 17001). For purposes of this subparagraph, the term
21“pass-through entity” means any partnership or S corporation.

22(3) “Targeted tax area” means the area designated pursuant to
23Chapter 12.93 (commencing with Section 7097) of Division 7 of
24Title 1 of the Government Code as it read on July 11, 2013.

25(c) If the qualified taxpayer is allowed a credit for qualified
26property pursuant to this section, only one credit shall be allowed
27to the taxpayer under this part with respect to that qualified
28property.

29(d) If the qualified taxpayer has purchased property upon which
30a use tax has been paid or incurred, the credit provided by this
31section shall be allowed only if qualified property of a comparable
32quality and price is not timely available for purchase in this state.

33(e) In the case where the credit otherwise allowed under this
34section exceeds the “tax” for the taxable year, that portion of the
35credit that exceeds the “tax” may be carried over and added to the
36credit, if any, in the succeeding 10 taxable years, if necessary, until
37the credit is exhausted. The credit shall be applied first to the
38earliest taxable years possible.

39(f) Any qualified taxpayer who elects to be subject to this section
40shall not be entitled to increase the basis of the qualified property
P41   1as otherwise required by Section 164(a) of the Internal Revenue
2Code with respect to sales or use tax paid or incurred in connection
3with the qualified taxpayer’s purchase of qualified property.

4(g) (1) The amount of credit otherwise allowed under this
5section and Section 23634, including any credit carryover from
6prior years, that may reduce the “tax” for the taxable year shall
7not exceed the amount of tax that would be imposed on the
8qualified taxpayer’s business income attributable to the targeted
9tax area determined as if that attributable income represented all
10of the income of the qualified taxpayer subject to tax under this
11part.

12(2) Attributable income shall be that portion of the taxpayer’s
13California source business income that is apportioned to the
14targeted tax area. For that purpose, the taxpayer’s business income
15attributable to sources in this state first shall be determined in
16accordance with Chapter 17 (commencing with Section 25101).
17That business income shall be further apportioned to the targeted
18tax area in accordance with Article 2 (commencing with Section
1925120) of Chapter 17, modified for purposes of this section in
20accordance with paragraph (3).

21(3) Business income shall be apportioned to the targeted tax
22area by multiplying the total California business income of the
23taxpayer by a fraction, the numerator of which is the property
24factor plus the payroll factor, and the denominator of which is two.
25For purposes of this paragraph:

26(A) The property factor is a fraction, the numerator of which is
27the average value of the taxpayer’s real and tangible personal
28property owned or rented and used in the targeted tax area during
29the taxable year and the denominator of which is the average value
30of all the taxpayer’s real and tangible personal property owned or
31rented and used in this state during the taxable year.

32(B) The payroll factor is a fraction, the numerator of which is
33the total amount paid by the taxpayer in the targeted tax area during
34the taxable year for compensation, and the denominator of which
35is the total compensation paid by the taxpayer in this state during
36the taxable year.

37(4) The portion of any credit remaining, if any, after application
38of this subdivision, shall be carried over to succeeding taxable
39years, if necessary, until the credit is exhausted, as if it were an
40amount exceeding the “tax” for the taxable year, as provided in
P42   1subdivision (e). However, the portion of any credit remaining for
2carryover to taxable years beginning on or after January 1, 2014,
3if any, after application of this subdivision, shall be carried over
4only to the succeeding 10 taxable years if necessary, until the credit
5is exhausted, as if it were an amount exceeding the “tax” for the
6taxable year, as provided in subdivision (e).

7(5) In the event that a credit carryover is allowable under
8subdivision (e) for any taxable year after the targeted tax area
9designation has expired, has been revoked, is no longer binding,
10or has become inoperative, the targeted tax area shall be deemed
11to remain in existence for purposes of computing the limitation
12specified in this subdivision.

13(h) The changes made to this section by the act adding this
14subdivision shall apply to taxable years beginning on or after
15January 1, 1998.

16(i) This section is repealed on December 1, 2015.

17

SEC. 12.  

Section 1403 of the Welfare and Institutions Code is
18amended to read:

19

1403.  

This chapter shall remain in effect only until January 1,
202016, and as of that date is repealed, unless a later enacted statute,
21that is enacted before January 1, 2016, deletes or extends that date.

22

SEC. 13.  

Section 18220 of the Welfare and Institutions Code
23 is amended to read:

24

18220.  

(a) For the 2011-12 fiscal year, the Controller shall
25allocate 33.38 percent of the funds deposited in the Local Law
26Enforcement Services Account in the Local Revenue Fund 2011
27for purposes of Section 18221.

28(b) (1) Commencing with the 2012-13 fiscal year, subsequent
29to the allocation described in subdivision (c) of Section 29552 of
30the Government Code, the Controller shall allocate 33.37876457
31percent of the remaining funds deposited in the Enhancing Law
32Enforcement Activities Subaccount in the Local Revenue Fund
332011 according to the schedule in subdivision (c), for purposes of
34Section 18221.

35(2) Commencing with the 2013-14 fiscal year, subsequent to
36the allocation described in subdivision (d) of Section 29552 of the
37Government Code the Controller shall allocate 33.37876457
38percent of the remaining funds deposited in the Enhancing Law
39Enforcement Activities Subaccount in the Local Revenue Fund
P43   12011, in monthly installments, according to the schedule in
2subdivision (c), for purposes of Section 18221.

3(c) The Controller shall allocate funds to local jurisdictions to
4support juvenile probation activities according to the following
5schedule:


6

 

Alameda County   

3.9522%

Alpine County   

0.0004%

Amador County   

0.0597%

Butte County   

0.3193%

Calaveras County   

0.0611%

Colusa County   

0.0341%

Contra Costa County   

2.6634%

Del Norte County   

0.1170%

El Dorado County   

0.3016%

Fresno County   

2.1547%

Glenn County   

0.0536%

Humboldt County   

0.1696%

Imperial County   

0.3393%

Inyo County   

0.1432%

Kern County   

2.5687%

Kings County   

0.3839%

Lake County   

0.1866%

Lassen County   

0.0543%

Los Angeles County   

40.1353%

Madera County   

0.2399%

Marin County   

0.3742%

Mariposa County   

0.0133%

Mendocino County   

0.1975%

Merced County   

0.3464%

Modoc County   

0.0213%

Mono County   

0.0071%

Monterey County   

0.6039%

Napa County   

0.3520%

Nevada County   

0.1244%

Orange County   

8.4582%

Placer County   

0.2667%

Plumas County   

0.0273%

Riverside County   

3.2234%

Sacramento County   

2.1350%

San Benito County   

0.2136%

San Bernardino County   

3.4715%

San Diego County   

5.6095%

San Francisco County   

1.9161%

San Joaquin County   

0.8854%

San Luis Obispo County   

0.6007%

San Mateo County   

1.8974%

Santa Barbara County   

1.6561%

Santa Clara County   

5.8082%

Santa Cruz County   

0.6128%

Shasta County   

0.4116%

Sierra County   

0.0037%

Siskiyou County   

0.0750%

Solano County   

1.0363%

Sonoma County   

1.3043%

Stanislaus County   

0.5275%

Sutter County   

0.1344%

Tehama County   

0.1444%

Trinity County   

0.0346%

Tulare County   

1.4116%

Tuolumne County   

0.0706%

Ventura County   

1.7193%

Yolo County   

0.2543%

Yuba County   

0.1125%

  
P44  26

 

27

SEC. 14.  

Section 18220.1 of the Welfare and Institutions Code
28 is amended to read:

29

18220.1.  

(a) For the 2011-12 fiscal year, the Controller shall,
30on a quarterly basis beginning October 1, allocate 6.47 percent of
31the funds deposited in the Local Law Enforcement Services
32Account in the Local Revenue Fund 2011 pursuant to a schedule
33provided by the Department of Corrections and Rehabilitation.
34The department’s schedule shall provide for the allocation of funds
35appropriated in the annual Budget Act, and included in the Local
36Law Enforcement Services Account, among counties that operate
37juvenile camps and ranches based on the number of occupied beds
38in each camp as of 12:01 a.m. each day, up to the Corrections
39Standards Authority rated maximum capacity, as determined by
40the Corrections Standards Authority.

P45   1(b) Commencing with the 2012-13 fiscal year, subsequent to
2the allocation described in subdivision (c) of Section 29552 of the
3Government Code, the Controller shall allocate 6.46955375 percent
4of the remaining funds deposited in the Enhancing Law
5Enforcement Activities Subaccount in the Local Revenue Fund
62011 pursuant to the schedule provided by the Department of
7Finance based on data reported to the Board of State and
8Community Corrections. The schedule shall provide for the
9allocation of funds appropriated in the annual Budget Act, and
10included in the Enhancing Law Enforcement Activities Subaccount,
11among counties that operate juvenile camps and ranches based on
12the number of occupied beds in each camp as of 12:01 a.m. each
13day, up to the rated maximum capacity, as determined by the board.
14Allocations shall be made following the end of each fiscal quarter,
15beginning July 1, 2012, to account for beds occupied in that quarter.

16(c) Commencing with the 2013-14 fiscal year, subsequent to
17the allocation described in subdivision (d) of Section 29552 of the
18Government Code, the Controller shall allocate 6.46955375 percent
19of the remaining funds deposited in the Enhancing Law
20Enforcement Activities Subaccount in the Local Revenue Fund
212011 pursuant to the schedule provided by the Department of
22Finance based on data reported to the Board of State and
23Community Corrections. The schedule shall provide for the
24allocation of funds appropriated in the annual Budget Act, and
25included in the Enhancing Law Enforcement Activities Subaccount,
26among counties that operate juvenile camps and ranches based on
27the number of occupied beds in each camp as of 12:01 a.m. each
28day, up to the rated maximum capacity, as determined by the board.
29Allocations shall be made in monthly installments.

30

SEC. 15.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.

39

SEC. 16.  

The sum of onebegin insert hundredend insert thousand dollarsbegin delete ($1,000)end delete
40begin insert ($100,000)end insert is hereby appropriated from the General Fund to the
P46   1begin delete Department of Corrections and Rehabilitationend deletebegin insert Governor’s Office
2of Business and Economic Development,end insert
for administration.

3

SEC. 17.  

This act is a bill providing for appropriations related
4to the Budget Bill within the meaning of subdivision (e) of Section
512 of Article IV of the California Constitution, has been identified
6as related to the budget in the Budget Bill, and shall take effect
7immediately.



O

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