BILL NUMBER: AB 41	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 16, 2003

INTRODUCED BY   Assembly Member Daucher
    (Coauthors:  Assembly Members Benoit, Berg, Bogh, Cox,
Garcia, Koretz, Longville, Nakanishi, Pacheco, Plescia, Strickland,
and Wyland) 
    (Coauthor:  Senator Margett) 

                        DECEMBER 2, 2002

    An act to add Section 9400.5 to the Welfare and
Institutions Code,   An act to add Section 16531.2 to
the Government Code,  relating to aging, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 41, as amended, Daucher.  Area agencies on aging:  funding.
   Existing law designates area agencies on aging as local units on
aging in California, which are financially supported by a variety of
sources, including federal funding, state and local government
assistance, the private sector, and individual contributions.

   This bill would continuously appropriate from the Federal Trust
Fund to the Department of Aging, in the absence of enactment of the
annual Budget Act by July 1 of a fiscal year, the amount of federal
funds contained in the Federal Trust Fund that is necessary for the
administration of programs under the jurisdiction of the area
agencies on aging, pending enactment of the Budget Act. 

   This bill would create in the State Treasury the Senior Citizens
Services Interim Payment Fund, which would be continuously
appropriated to the California Department of Aging, into which a sum
not to exceed $22,000,000 would be transferred from the Federal Trust
Fund during any year in which a budget is not enacted by June 30 of
the year preceding the fiscal year to which the budget would apply.
Moneys in this interim fund would be used to make payments to area
agencies on aging and providers of specified services to the elderly,
for services provided on or after July 1 of the fiscal year for
which no budget has been enacted and before September 1 of that year.

  The bill would declare that it is to take effect immediately as an
urgency statute.
   Vote:  2/3.  Appropriation:  yes.  Fiscal committee:  yes.
State-mandated local program:  no.


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

  
  SECTION 1.  Section 9400.5 is added to the Welfare and 

  SECTION 1.  Section 16531.2 is added to the Government Code, to
read:
   16531.2.  (a) Notwithstanding any other provision of law and
without regard to fiscal year, if the annual Budget Act is not
enacted by June 30 of any fiscal year preceding the fiscal year to
which the budget would apply, the Controller shall annually transfer
from the Federal Trust Fund, in the form of one or more loans, an
amount not to exceed a cumulative total of twenty-two million dollars
($22,000,000) in any fiscal year, to the Senior Citizens Services
Interim Payment Fund, which is hereby created in the State Treasury.
Notwithstanding Section 13340, the Senior Citizens Services Interim
Payment Fund is hereby continuously appropriated to the California
Department of Aging for the purpose of making payments to area
agencies on aging and providers of services under Division 8.5
(commencing with Section 9000) of the Welfare and Institutions Code,
for services provided on or after July 1 of the fiscal year for which
no budget has been enacted and before September 1 of that year.
Payments shall be made pursuant to this subdivision if both of the
following conditions have been met:
   (1) An invoice has been submitted for the services.
   (2) Payment for the services is due and payable and the California
Department of Aging determines that payment would be valid.
   (b) Upon the enactment of the annual Budget Act in any fiscal year
to which subdivision (a) applies, the Controller shall transfer
unexpended funds in the Senior Citizens Services Interim Payment Fund
to the Federal Trust Fund, and the amount of any payments made
pursuant to subdivision (a) from the Senior Citizens Services Interim
Payment Fund shall be debited from the appropriate Budget Act item
in accordance with the procedure prescribed by the Department of
Finance.   Institutions Code, to read:
   9400.5.  (a) Notwithstanding Section 13340 of the Government Code,
in any fiscal year in which the Budget Act is not enacted by July 1
of that fiscal year, there is hereby continuously appropriated from
the Federal Trust Fund to the department the amount of federal funds
contained in the Federal Trust Fund that is necessary to pay area
agencies on aging for the administration of programs under their
jurisdiction.  The Department of Finance may, upon enactment of the
Budget Act and in the absence of this action being taken by the
Legislature or the Governor in that Budget Act, reduce the applicable
Budget Act allocations by the amount of any payments pursuant to
this subdivision.
   (b) If payments are made to area agencies on aging pursuant to
this section, the first payment shall be made on July 15, with
payments to be made on the 15th of each month thereafter, until
enactment of the annual Budget Act. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that area agencies on aging will be able to
prevent interruptions in important services provided to elderly
persons if the Budget Act of 2003 is not enacted in a timely manner,
it is necessary that this act take effect immediately.