AB 1428, as introduced, Gray. California State Lottery: education finance.
(1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act requires each school district and county superintendent of schools, as condition of receiving any moneys from the California State Lottery, to establish a separate account for the receipt and expenditure of those moneys, which is required to be clearly identified as a lottery education account.
This bill would require the commission to collect, and make publicly available on the commission’s Internet Web site, information related to those separate lottery education accounts of each school district and county superintendent of schools.
(2) The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a 2⁄3 vote of each house of the Legislature and signed by the Governor.
This bill would declare that its provisions further the purposes of the act.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8880.5 of the Government Code is
2amended to read:
Allocations for education:
4The California State Lottery Education Fund is created within
5the State Treasury, and is continuously appropriated for carrying
6out the purposes of this chapter. The Controller shall draw warrants
7on this fund and distribute them quarterly in the following manner,
8provided that the payments specified in subdivisions (a) to (g),
9inclusive, shall be equal per capita amounts.
10(a) (1) Payments shall be made directly to public school
11districts, including county superintendents of schools, serving
12kindergarten and grades 1 to 12, inclusive, or any part thereof, on
13the basis of an equal amount for each unit of average daily
14attendance, as defined by law and adjusted pursuant to subdivision
15
(l).
16(2) For purposes of this paragraph, in each of the 2008-09,
172009-10, 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15
18fiscal years, the number of units of average daily attendance in
19each of those fiscal years for programs for public school districts,
20including county superintendents of schools, serving kindergarten
21and grades 1 to 12, inclusive, shall include the same amount of
22average daily attendance for classes for adults and regional
23occupational centers and programs used in the calculation made
24pursuant to this subdivision for the 2007-08 fiscal year.
25(b) Payments shall also be made directly to public school
26districts serving community colleges, on the basis of an equal
27amount for each unit of average daily attendance, as defined by
28law.
29(c) Payments shall also be made directly to the Board of
Trustees
30of the California State University on the basis of an amount for
31each unit of equivalent full-time enrollment. Funds received by
32the trustees shall be deposited in and expended from the California
33State University Lottery Education Fund, which is hereby createdbegin insert,end insert
34 or, at the discretion of the trustees, deposited in local trust accounts
P3 1in accordance with subdivision (j) of Section 89721 of the
2Education Code.
3(d) Payments shall also be made directly to the Regents of the
4University of California on the basis of an amount for each unit
5of equivalent full-time enrollment.
6(e) Payments shall also be made directly to the Board of
7Directors of the Hastings College of the Law on the basis of an
8amount for each unit of equivalent full-time enrollment.
9(f) Payments shall also be made directly to the Department of
10the Youth Authority for educational programs serving kindergarten
11and grades 1 to 12, inclusive, or any part thereof, on the basis of
12an equal amount for each unit of average daily attendance, as
13defined by law.
14(g) Payments shall also be made directly to the two California
15Schools for the Deaf, the California School for the Blind, and the
16three Diagnostic Schools for Neurologically Handicapped Children,
17on the basis of an amount for each unit of equivalent full-time
18enrollment.
19(h) Payments shall also be made directly to the State Department
20of Developmental Services and the State Department of State
21Hospitals for clients with developmental or mental disabilities who
22are enrolled in state hospital education programs, including
23developmental centers, on the
basis of an equal amount for each
24unit of average daily attendance, as defined by law.
25(i) No Budget Act or other statutory provision shall direct that
26payments for public education made pursuant to this chapter be
27used for purposes and programs (including workload adjustments
28and maintenance of the level of service) authorized by Chapters
29498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of
30the Statutes of 1984, or Chapter 1 of the Statutes of the 1983-84
31Second Extraordinary Session.
32(j) School districts and other agencies receiving funds distributed
33pursuant to this chapter may at their option utilize funds allocated
34by this chapter to provide additional funds for those purposes and
35programs prescribed by subdivision (i) for the purpose of
36enrichment or expansion.
37(k) begin insert(1)end insertbegin insert end insert As a condition of receiving any moneys pursuant to
38subdivision (a) or (b), each school district and county
39superintendent of schools shall establish a separate account for the
P4 1receipt and expenditure of those moneys, which account shall be
2clearly identified as a lottery education account.
3(2) The commission shall collect, and make publicly available
4on the commission’s Internet Web site, information related to the
5separate lottery education accounts required pursuant to
6paragraph (1).
7(l) Commencing with the 1998-99 fiscal year, and each year
8thereafter, for purposes of subdivision (a), average daily attendance
9shall be increased by the statewide average rate of excused
10absences for the 1996-97 fiscal year as determined
pursuant to the
11provisions of Chapter 855 of the Statutes of 1997. The statewide
12average excused absence rate, and the corresponding adjustment
13factor required for the operation of this subdivision, shall be
14certified to the Controller by the Superintendent of Public
15Instruction.
16(m) It is the intent of this chapter that all funds allocated from
17the California State Lottery Education Fund shall be used
18exclusively for the education of pupils and students and no funds
19shall be spent for acquisition of real property, construction of
20facilities, financing of research, or any other noninstructional
21purpose.
The Legislature finds and declares that this act furthers
23the purpose of the California State Lottery Act of 1984, enacted
24by Proposition 37 at the November 6, 1984, general election.
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