AB 2215, as introduced, Medina. California State Lottery Act: California State University Lottery Education Fund: California State University Trust Fund.
(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 establishes the California State Lottery Education Fund and provides for direct payments from the fund to various entities, including the Board of Trustees of the California State University. The act requires funds received by the trustees to be deposited in, and expended from, the California State University Lottery Education Fund or, at the discretion of the trustees, deposited in local trust accounts.
Existing law establishes the California State University Trust Fund and specifies its sources of revenue. Existing law provides that all money received by the fund shall augment the support appropriation to the California State University for the fiscal year to which the collections apply.
This bill would require the trustees to deposit funds received from the California State Lottery Education Fund in the California State University Trust Fund instead of the California State University Lottery Education Fund. The bill would continue to allow the trustees, in their discretion, to deposit the funds in local trust accounts.
(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, as specified, and that the act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the trustees.
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.
P3 1(b) Payments shall also be made directly to public school
2districts serving community colleges, on the basis of an equal
3amount for each unit of average daily attendance, as defined by
4law.
5(c) Payments shall also be made directly to the Board of
Trustees
6of the California State University on the basis of an amount for
7each unit of equivalent full-time enrollment. Funds received by
8the trustees shall be deposited in and expended from the California
9State Universitybegin delete Fund, which is hereby createdend deletebegin insert Trust Fundend insert or, at
10the discretion of the trustees, deposited in local trust accounts in
11accordance with subdivision (j) of Section 89721 of the Education
12Code.
13(d) Payments shall also be made directly to the Regents of the
14University of California on the basis of an amount for each unit
15of equivalent full-time enrollment.
16(e) Payments shall also be made directly to the Board of
17Directors of the Hastings College of the Law on the basis of an
18
amount for each unit of equivalent full-time enrollment.
19(f) Payments shall also be made directly to the Department of
20the Youth Authority for educational programs serving kindergarten
21and grades 1 to 12, inclusive, or any part thereof, on the basis of
22an equal amount for each unit of average daily attendance, as
23defined by law.
24(g) Payments shall also be made directly to the two California
25Schools for the Deaf, the California School for the Blind, and the
26three Diagnostic Schools for Neurologically Handicapped Children,
27on the basis of an amount for each unit of equivalent full-time
28enrollment.
29(h) Payments shall also be made directly to the State Department
30of Developmental Services and the State Department of State
31Hospitals for clients with developmental or mental disabilities who
32are enrolled in state hospital
education programs, including
33developmental centers, on the basis of an equal amount for each
34unit of average daily attendance, as defined by law.
35(i) No Budget Act or other statutory provision shall direct that
36payments for public education made pursuant to this chapter be
37used for purposes andbegin delete programs (includingend deletebegin insert programs, includingend insert
38 workload adjustments and maintenance of the level ofbegin delete service)end delete
39begin insert service,end insert authorized by Chapters 498, 565, and 1302 of the Statutes
P4 1of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1
2of the Statutes of the 1983-84 Second
Extraordinary Session.
3(j) School districts and other agencies receiving funds distributed
4pursuant to this chapter may at their option utilize funds allocated
5by this chapter to provide additional funds for those purposes and
6programs prescribed by subdivision (i) for the purpose of
7enrichment or expansion.
8(k) As a condition of receiving any moneys pursuant to
9subdivision (a) or (b), each school district and county
10superintendent of schools shall establish a separate account for the
11receipt and expenditure of those moneys, which account shall be
12clearly identified as a lottery education account.
13(l) Commencing with the 1998-99 fiscal year, and each year
14thereafter, for purposes of subdivision (a), average daily attendance
15shall be increased by the statewide average rate of excused
16absences for the 1996-97
fiscal year as determined pursuant to the
17provisions of Chapter 855 of the Statutes of 1997. The statewide
18average excused absence rate, and the corresponding adjustment
19factor required for the operation of this subdivision, shall be
20certified to the Controller by the Superintendent of Public
21Instruction.
22(m) It is the intent of this chapter that all funds allocated from
23the California State Lottery Education Fund shall be used
24exclusively for the education of pupils and students and no funds
25shall be spent for acquisition of real property, construction of
26facilities, financing of research, or any other noninstructional
27purpose.
The Legislature finds and declares both of the
29following:
30(a) This act furthers the purpose of the California State Lottery
31Act of 1984, enacted by Proposition 37 at the November 6, 1984,
32general election by eliminating inefficient administrative
33procedures that the Board of Trustees of the California State
34University and the Controller utilize on a quarterly basis.
35(b) This act shall not be interpreted to expand the lawful uses
36of funds allocated from the California State Lottery Education
37Fund to the Board of Trustees of the California State University.
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