Sen. Mark Wyland

Article XIXB of the California Constitution requires, commencing with the 2003–04 fiscal year, that sales taxes on motor vehicle fuel that are deposited into the General Fund be transferred to the Transportation Investment Fund (TIF) for allocation to various transportation purposes. Article XIXB authorizes this transfer to be suspended in whole or in part for a fiscal year during a fiscal emergency pursuant to a proclamation by the Governor and the enactment of a statute by a 23 vote in each house of the Legislature, subject to various restrictions. This measure would delete the provisions authorizing the transfer of revenues to the TIF to be suspended during a fiscal emergency. The measure would also prohibit a loan of TIF revenues under any circumstances, and would prohibit any statute that would reduce the extent to which these tax revenues are deposited into the General Fund for transfer to the TIF for transportation purposes.

Existing statutory law establishes the Bureau of State Audits, which is headed by the State Auditor and has specified statutory duties, including the performance of statutorily mandated audits. Existing law states that the Bureau of State Audits, in order to be free of organizational impairments to independence, shall be independent of the executive branch and legislative control. This measure would require the State Auditor to biennially conduct a performance evaluation of each state program, including the administration or oversight of that program by the department or agency that is responsible for the program, and submit a report of the results of that performance evaluation to the Legislature, as prescribed. This measure would require the committee that considers the budget in each house of the Legislature to meet and consider recommendations made in each performance evaluation within 90 days of submission by the State Auditor. This measure would require the State Auditor to make each performance evaluation available to the public on an Internet Web site and in hardcopy format and require the Legislature to appropriate to the Bureau of State Audits those funds that are necessary to implement these provisions.

Existing law establishes the system of public elementary and secondary schools in this state, and prescribes courses of study required for pupils to advance through the various grade levels. Existing law requires school district governing boards to prepare, and keep on file, a record of the courses of study prescribed for the schools of that district. This bill would make technical, nonsubstantive changes in this provision.

(1) The California Constitution requires the Legislature to convene in regular biennial session at noon on the first Monday in December of each even-numbered year to consider legislation and the Budget Bill. This measure would require the Legislature to convene in regular biennial session, but would require, commencing on December 6, 2010, that the sessions held in odd-numbered years be budget sessions, and sessions held in even-numbered years be general sessions. The measure would require the Legislature in the budget session to adopt Budget Bills for each of the 2 subsequent fiscal years. The measure would require the Legislature, during a budget session, to meet only to conduct oversight and review of the revenues and expenditures of the state and to consider Budget Bills, budget implementation bills, as defined, and related revenue bills, except the Legislature could consider urgency statutes. (2) The California Constitution requires that a budget be submitted by the Governor, and that the Legislature pass a Budget Act on or before June 15. Funds may be expended from the State Treasury for support of the state government only through an appropriation made by the Legislature. This measure would require, in each odd-numbered calendar year, commencing in 2011, that the Governor submit to the Legislature 2 proposed budgets for the 2 subsequent fiscal years, respectively. (3) The California Constitution permits revenues from taxes imposed by the state on motor vehicle fuels and funds in the Public Transportation Account in the State Transportation Fund to be loaned to the General Fund. That loan is required to be repaid in full either during the same fiscal year in which the loan was made or within 3 fiscal years from the date on which the loan was made if specified conditions apply. If the loan is to be repaid in full during the same fiscal year, the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year. The measure would provide that the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year, or July 31 of that subsequent fiscal year, whichever is later.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The California Renewables Portfolio Standard Program requires, among other things, the Public Utilities Commission to implement annual procurement targets for each retail seller, which is defined to include these electrical corporations but does not include local publicly owned electrical utilities, to increase its total procurement of electricity generated by eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales of electricity are procured from eligible renewable energy resources by no later than December 31, 2010. This bill would extend the target date for a retail seller to procure 20% of its retail sales from eligible renewable energy resources from December 31, 2010, to December 31, 2020. The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) . Existing law establishes the Renewable Resource Trust Fund in the State Treasury as a fund that is continuously appropriated, with certain exceptions for administrative expenses requires that certain moneys collected to support renewable energy resources through the public goods charge are deposited into the fund, and authorizes the Energy Commission to expend the moneys pursuant to the Renewable Energy Resources Program. The program states the intent of the Legislature to increase the amount of electricity generated from eligible renewable energy resources per year so that amount equals at least 20% of total retail sales of electricity in California per year by December 31, 2010. The bill would similarly extend the attainment goal date, under the Renewable Energy Resources Program, for at least 20% of total retail sales of electricity to be generated from eligible renewable energy resources per year from December 31, 2010, to December 31, 2020.

Existing law provides for the examination of witnesses conditionally under certain circumstances, including for the contemporaneous examination and cross-examination by closed-circuit television of minor witnesses 13 years of age or younger if the court makes specified findings. This bill would remove the requirement that a witness be a minor 13 years of age or younger.

Existing law requires the Department of General Services to maintain an inventory of real property held by the state, and prescribes the disposition of surplus state property. This bill would declare the intent of the Legislature to enact legislation that would require the department identify $1,000,000,000 worth of state property that can be sold immediately to help close the state's budget deficit, and that would require state agencies and departments that may be affected by the sale of land or structures to determine the costs and benefits of leasing back their existing space or finding new space.

Existing law prohibits, with specified exceptions, an employer from requiring any employee to work during a meal or rest period mandated by an applicable order of the Industrial Welfare Commission. Existing law requires, with specified exceptions, employers to provide meal and rest periods to employees during work periods of specified duration. This bill would exempt from these provisions an employee in the transportation industry whose work places him or her inside an armored car in shifts during a workday.

Existing constitutional provisions require that the Budget Bill be introduced in each house immediately after the Governor submits his or her budget to the Legislature. Existing constitutional provisions also require the Legislature to pass the Budget Bill by midnight on June 15 of each year. This measure would require that the Budget Bill and any budget implementation bill, as defined, be printed and distributed to the members of a house considering either bill and made available to the public at least 14 calendar days before a vote in that house on the passage of either bill. The measure would provide that its requirements could be satisfied by electronic publication and distribution of the bills.