After School Education and Safety Program Act of 2002.

(1) The After School Education and Safety Program Act of 2002, enacted by the initiative measure Proposition 49, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act continuously appropriates each fiscal year up to $550,000,000 from the General Fund to the State Department of Education for purposes of the After School Education and Safety Program, except in fiscal years when the state's minimum funding obligation for schools is determined pursuant to a specified provision, in which case the appropriation for the program is reduced by a specified percentage. This bill would allow the reduction in a fiscal year in which the moneys applied by the state for the support of school districts and community college districts is reduced, revise the formula by which the percentage reduction is determined, and specify that the state would not incur a maintenance factor when the appropriation is reduced. (2) Existing law makes the continuous appropriation for purposes of the After School Education and Safety Program available for encumbrance for one year after the date upon which they first become available for encumbrance and subject to reversion to the General Fund. This bill instead would make the appropriation available for encumbrance for 2 years. (3) The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the voters unless the initiative statute permits amendment or repeal without the approval of the voters. The initiative measure that enacted the After School Education and Safety Program Act of 2002 authorizes the Legislature to amend, by statute passed in each house by a majority vote of the membership concurring and signed by the Governor, certain of its provisions to further the purpose of the initiative statute. The bill would provide for one of its provisions to be submitted to the voters for approval and would state a legislative finding and declaration that the other provisions further the purpose of the initiative measure.