Sen. Denise Moreno Ducheny

This bill would make appropriations for support of state government for the 2009–10 fiscal year. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Mental Health Services Act (hereafter, the MHSA) , an initiative measure, was approved by the voters in November 2004 as Proposition 63. The MHSA establishes the Mental Health Oversight and Accountability Commission, and imposes a tax of 1% on incomes above $1,000,000 for the purpose of financing new or expanded mental health services. Under the MHSA, the State Department of Mental Health is required, among other things, to distribute funds for local assistance for designated mental health programs. The MHSA prohibits a decrease in other funding levels for pre-existing mental health programs below the 2003–04 fiscal year levels, and prohibits a change in the structure of financing mental health services, which increases the county's share of costs or risk unless full compensation is provided. As an initiative measure, unless approved by the voters, the MHSA permits amendment of its provisions by 23 vote of the Legislature, but only if the amendments are consistent with and further the intent of the MHSA. The MHSA also permits amendment by majority vote of the Legislature to clarify procedures and terms. This bill, subject to voter approval at a statewide election, would, until July 1, 2011, permit the sum of $226,700,000 of MHSA funding in the 2009–10 fiscal year and up to $234,000,000 of MHSA funding in the 2010–11 fiscal year to be redirected to support the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program as administered by the State Department of Mental Health. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law, pursuant to Proposition 116 of 1990, creates the Public Transportation Account as a trust fund in the State Transportation Fund, provides that revenues are to be deposited in the account from specified portions of the sales taxes on gasoline and diesel fuel, and provides that moneys in the account are available for expenditure only for transportation planning and mass transportation purposes. Existing law specifies various transportation programs that are eligible to receive funds from the account, including the State Transit Assistance program that provides grants to local transit operators for operating and capital purposes, and certain transportation planning functions and mass transportation programs administered by state agencies. Certain provisions of Proposition 116 may be amended by the Legislature only by a 23 vote of both houses and if the amendment is consistent with the purposes of the provision being amended. This bill, for the 2009–10 to 2012–13 fiscal years, would suspend the State Transit Assistance program as an eligible recipient of Public Transportation Account funds, and would provide that certain revenues in the account shall be available only for other specified transportation planning and mass transportation programs. The bill would also revise the authorized uses of Public Transportation Account funds to include regional center transportation and home-to-school transportation. (2) Existing law creates the Mass Transportation Fund in the State Treasury and provides that a portion of gasoline sales tax revenues commonly known as the "spillover" that would otherwise be deposited in the Public Transportation Account shall instead be deposited in the Mass Transportation Fund. Existing law specifies the transportation purposes that may be funded by the fund, including payment of debt service on transportation bonds through transfer of funds to the Transportation Debt Service Fund, regional center transportation of the State Department of Developmental Services, and schoolbus transportation, among other things. This bill, for the 2009–10 to 2012–13 fiscal years, would provide for the transfer of all of those gasoline sales tax revenues commonly known as the "spillover" to the Mass Transportation Fund and eliminate any transfer of those "spillover" revenues to the Public Transportation Account. Because this change would amend a provision contained in Proposition 116, it would require a 23vote of both houses of the Legislature for passage. (3) Existing law, pursuant to Article XIXB of the California Constitution, creates the Transportation Investment Fund, which receives another portion of gasoline sales tax revenues that are not designated for deposit into the Public Transportation Account. Moneys in the Transportation Investment Fund are allocated to various transportation purposes, including the state transportation improvement program, local streets and roads, and mass transportation. The portion of moneys designated for mass transportation is, by statute, deposited in the Public Transportation Account, and 75% of these revenues are to be allocated to the State Transit Assistance program, with the remainder to be allocated to mass transportation programs administered by the Department of Transportation. This bill, for the 2009–10 to 2012–13 fiscal years, would suspend the allocations under these provisions to the State Transit Assistance program. The bill would instead provide for allocation of these funds to the other mass transportation programs authorized for funding from the Public Transportation Account. After fiscal year 2012–13, these funds would be available to these programs and the State Transit Assistance program as specified. (4) Existing law creates the Transportation Debt Service Fund in the State Treasury for the purpose, among other things, of using transportation revenues for the payment of debt service on transportation bonds and to reimburse the General Fund for past debt service payments on transportation bonds. This bill would revise the provisions governing the Transportation Debt Service Fund to authorize the Director of Finance, with moneys transferred to that fund pursuant to an annual Budget Act or other statute from the State Highway Account in the State Transportation Fund, to reimburse the General Fund any amount necessary to offset the cost of debt service made in any fiscal year for transportation-related general obligation bond expenditures consistent with Article XIX of the California Constitution. (5) Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law authorizes the Infrastructure and Economic Development Bank, upon a filing by the Director of Finance with the bank of a list of specified amended tribal compacts and compact assets, to sell for, and on behalf of, the state all or any portion of those compact assets to a special purpose trust. Existing law authorizes the special purpose trust to issue bonds secured by those compact assets. This bill would provide that the portion of the above-described compact assets that are timely deposited or are due for deposit in a specified fund between July 1, 2008, and June 30, 2010, shall not be available for the purpose described above. The bill would require the Director of Finance to determine the portion of those compact assets attributable to each fiscal year. The bill would allow the Director of Finance to direct the Controller, by separate order applicable to the assets for each fiscal year, to transfer the compact assets attributable to that fiscal year to the General Fund. This bill would make other related changes. (6) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. (7) This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law requires the county superintendent of schools of each county, among other specified duties, to make annual visits to each school in his or her county at reasonable intervals to observe its operation and to learn of its problems. Existing law requires that the priority objective of those visits be the determination of whether each school has sufficient textbooks, as defined. This bill would revise the definition of sufficient textbooks for the 2008–09 and 2009–10 fiscal years and, during those fiscal years, would require a county superintendent of schools to use that revised definition to determine whether a school has sufficient textbooks. The bill would make these provisions inoperative on July 1, 2010, and repeal them on January 1, 2011. (2) Existing law requires a revenue limit to be calculated for each county superintendent of schools, adjusted for various factors, and reduced, as specified. Existing law reduces the revenue limit for each county superintendent of schools for the 2008–09 fiscal year by a deficit factor of 4.396%. This bill would instead reduce the revenue limit for each county superintendent of schools for the 2008–09 fiscal year by a deficit factor of 7.839%, and for the 2009–10 fiscal year by a deficit factor of 13.360%. (3) Existing law specifies that the amount apportioned for revenue limits for a school year that are be deemed to attributed to the minimum funding obligation for school districts and community college districts for the following fiscal year shall be $715,118,000. This bill would change that amount and set the amount at $1,101,655,000 for the 2008–09 and each school year thereafter. (4) Existing law requires the Controller to draw warrants on the State Treasury in favor of the county treasurer of each county in each month of each year in prescribed amounts and in a prescribed manner. This bill, commencing with the 2008–09 fiscal year, would require the warrants for the principal apportionments for the month of February in the amount of $2,000,000,000 to be drawn in July of the same calendar year and would require those warrants to be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the year in which they are drawn. (5) The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to require school districts applying for funds under that act to deposit, into a specified account for ongoing and major maintenance of school buildings, an amount equal to or greater than 3% of the total general fund expenditures of the applicant school district. This bill, for the 2008–09 to the 2012–13 fiscal years, inclusive, would reduce that deposit requirement to an amount equal to or greater than 1% of the total general fund expenditures of the applicant school district. (6) Existing law requires a governing board of a school district to discuss proposals and plans for expenditure of funds for the deferred maintenance of school district facilities at a regularly scheduled public hearing. Existing law requires the governing board to make a report on the district's spending priorities for the current fiscal year to the Legislature, with copies to the Superintendent of Public Instruction, the State Board of Education, the Department of Finance, and the State Allocation Board, by March 1 of any year that the school district does not set aside prescribed funds for the deferred maintenance of its facilities. This bill would make this report requirement inoperative for the 2008–09 to 2012–13 fiscal years, inclusive. (7) Existing law directs that an amount of moneys be transferred in the annual Budget Act from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account. The amount to be transferred is required to equal 50% of the unappropriated balance of the Proposition 98 Reversion Account or $100,000,000, whichever amount is greater. The moneys transferred are required to be used for the purpose of addressing emergency facilities needs. This bill, for the 2009–10 fiscal year, would reduce the amount required to be transferred pursuant to the requirement above to zero. The bill would prohibit funds provided to school districts from the School Facilities Emergency Repair Account for the purpose of emergency repair grants from being used either to supplant funds provided to local educational agencies for the deferred maintenance of school facilities pursuant to specified statutes or for deposit into a school district deferred maintenance fund for expenditure for specified purposes. (8)  Existing law requires, for the 1990–91 fiscal year and each fiscal year thereafter, that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes that provision inapplicable to the fiscal years between the 1992–93 and 2008–09, inclusive. This bill would make that provision inapplicable to the 2009–10 fiscal year. (9) The California Constitution requires the state to apply a minimum amount of funding for each fiscal year for the support of school districts and community college districts. The Superintendent of Public Instruction and the Director of Finance, by January 1, 2006, are required to jointly determine the outstanding balance of the minimum funding obligation to school districts and community college districts pursuant to the California Constitution for the 1995–96 to 2003–04 fiscal years, inclusive. Existing law, commencing with the 2006–07 fiscal year, annually appropriates $150,000,000 from the General Fund to the Controller for allocation to school districts and community college districts for the purpose of discharging in full the outstanding balance of the minimum funding obligation to school districts and community college districts pursuant to the California Constitution. Existing law cancels that annual appropriation for the 2008–09 fiscal year. This bill, in addition, would provide that, if the Superintendent and the Director of Finance jointly determine that, for the 2008–09 fiscal year, the state has applied moneys for the support of school districts and community college districts in an amount that exceeds the minimum amount required for that fiscal year pursuant to the California Constitution, the bill would deem $1,100,590,000, as of June 30 of that fiscal year, as a payment in satisfaction of the outstanding balance, as defined, of the minimum funding obligation under that section for the 2002–03 and 2003–04 fiscal years, as specified. (10) Existing law requires a revenue limit to be calculated for each school district and each county superintendent of schools and requires the amount of the revenue limit to be adjusted for various factors. This bill would, for the 2011–12 fiscal year, require the Superintendent to compute an equalization adjustment for each school district so that the prior year base revenue limit per unit of average daily attendance of a school district is not less than the prior year base revenue limit per unit of average daily attendance above which fall not more than 10% of the total statewide units of average daily attendance for the appropriate size and type of school district. (11) Existing law requires the county superintendent of schools to determine a revenue limit for each school district in the county, and requires the amount of the revenue limit to be adjusted for various factors. Existing law reduces the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 4.713%. This bill would instead reduce the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 7.844%, and for the 2009–10 fiscal year by a deficit factor of 13.094%. (12) Existing law establishes various categorical education programs and appropriates the funding for those programs in the annual Budget Act. That act authorizes local educational agencies to expend up to 10% of the amount apportioned under specified categorical education programs for the purposes of any other program for which the recipient is eligible for funding, as specified. This bill would instead reduce by a percentage, calculated as specified, the appropriations made in the Budget Act of 2008 to school districts and county offices of education in enumerated items that fund specified categorical education programs. The bill would authorize school districts, for the 2008–09 to 2012–13 fiscal years, inclusive, to use the funds received pursuant to any of those budget items, with specified exceptions, for any educational purpose, to the extent permitted by federal law. The school districts and county offices of education would be required, at a regularly scheduled, open, public hearing, to take testimony from the public, discuss, and approve or disapprove the proposed use of funding, and to report to the State Department of Education, in the existing annual Standardized Accounting System reporting process, the purposes for which the funds were used and the amounts used for each of those purposes. The department would be required to collect and provide this information to the appropriate legislative policy and budget committees and the Department of Finance by February 28, 2010. (13) Existing law establishes the Class Size Reduction Program under which a participating school district or county office of education reduces class size to 20 pupils per class in kindergarten and grades 1 to 3, inclusive. If a school district or county office of education receives funding for a class but fails to reduce the size of that class to 20 pupils, the school district or county office of education suffers a reduction in its next principal apportionment of state funds. This bill would reduce the amount of this penalty for the 2008–09, 2009–10, 2010–11 and 2011–12 fiscal years, as specified. (14) The Pupil Textbook and Instructional Materials Incentive Program Act requires the governing board of a school district to hold a public hearing and make a determination as to whether each pupil in each school in the district has sufficient textbooks or instructional materials in the subjects of mathematics, science, history-social science, and English/language arts that are aligned to the adopted content standards and that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education. Existing law subjects school districts that receive funds from any state source to this and specified requirements only in a fiscal year in which the Superintendent of Public Instruction determines that the base revenue limit for each school district will increase by at least 1% per unit of average daily attendance from the prior fiscal year. This bill would delete the condition related to the increase in revenue limit funding so that school districts would be subject to the requirements when they receive funds for instructional materials from any state source. (15) Existing law establishes the Instructional Materials Funding Realignment Program that requires the State Department of Education to apportion funds to school districts and requires the governing board of a school district to use that funding to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials by the beginning of the first school term that commences no later than 24 months after those materials were adopted by the State Board of Education, except as specified. This bill, until July 1, 2010, would exempt school districts from that requirement. (16) Existing law establishes a statewide system of public postsecondary education that includes, among other segments, the various campuses of the University of California, which is administered by the Regents of the University of California. This bill would state the intent of the Legislature that no new General Fund augmentation be made available for contributions to the University of California Retirement Plan. (17) Existing law appropriates $39,780,000 from the General Fund to the Board of Governors of the California Community Colleges, in augmentation of an amount appropriated pursuant to a specified item in the Budget Act of 2008, to provide a 0.68% cost-of-living adjustment to apportionments to community college districts for expenditure during the 2008–09 fiscal year. This bill would repeal this provision. (18) Existing law appropriates $388,283,000 from the General Fund to the State Department of Education for 10 specified programs according to a specified schedule, and requires the department to encumber these funds by July 1, 2009. This appropriation reflects the June 2009 principal apportionment that is deferred to July 2009. Included in this appropriation is $52,583,000 for home-to-school transportation. This bill would eliminate that appropriation for home-to-school transportation and instead would appropriate $570,000,000 for class size reduction in kindergarten and grades 1 to 3, inclusive. The bill would increase the total appropriation from $388,283,000 to $905,700,000 to reflect the February 2009 principal apportionment and the 2009 payment for class size reduction in kindergarten and grades 1 to 3, inclusive. The funds appropriated would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 2009–10 fiscal year. (19) The Budget Act of 2008 appropriates $200,000,000 from the General Fund to the Board of Governors of the California Community Colleges for expenditure during the 2009–10 fiscal year. This bill would increase that appropriation to a total of $540,000,000, and would defer the disbursal of those funds until July 2010. The amount appropriated would represent $115,000,000 of the January apportionment to community college districts, $115,000,000 of the February apportionment to those districts, $55,000,000 of the March apportionment and $55,000,000 of the April apportionment, and $200,000,000 of the June apportionment of those districts. The funds appropriated would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California constitution for the 2009–10 fiscal year. (20) Existing law provides no cost-of-living adjustment for specified education programs for the 2008–09 fiscal year. This bill would add the categorical block grant for charter schools to the list of programs not receiving a cost-of-living adjustment for the 2008–09 fiscal year. (21) The Budget Act of 2008 makes various appropriations for purposes of public education. This bill would reduce or eliminate specified appropriations made in that Budget Act. (22) This bill would appropriate $198,446,000 from the Public Transportation Account in the State Transportation Fund to the State Department of Education for purposes of home-to-school transportation, to be allocated as specified. (23) This bill would appropriate $420,268,000 from the Mass Transportation Fund to the State Department of Education for purposes of home-to-school transportation, to be allocated as specified. (24) The Budget Act of 2008 makes various appropriations for purposes of child care and development programs. This bill would reduce specified General Fund appropriations made in that Budget Act for those purposes. The bill also would reappropriate the unobligated balances from other specified appropriations to the State Department of Education for CalWORKs Stage 2 Child Care services, as specified. (25) This bill would reappropriate for the 2008–09 fiscal year prescribed amounts or the unexpended balance of specified appropriations made in specified prior Budget Acts to the State Department of Education for allocation to the Class Size Reduction Program in kindergarten and grades 1 to 3, inclusive. (26) This bill would appropriate $958,283,000 from the General Fund to the State Department of Education for 11 specified programs according to a specified schedule and would require the department to encumber these funds by July 31, 2010. The bill would provide that, for purposes of satisfying the minimum annual funding obligation for school districts required by the California Constitution, the appropriated funds are General Fund revenues appropriated for school districts and community college districts for the 2010–11 fiscal year. (27) Existing law requires the Board of Governors of the California Community Colleges to adopt regulations providing for the payment of apportionments to community college districts on a schedule to include an advance apportionment on or before July 15 of each year, and a first and 2nd principal apportionment on or before February 20 and June 25 of each year, respectively. Existing law requires the Controller to draw warrants on the State Treasury in favor of the county treasurer of each county in each month of each year during the fiscal year from the State School Fund to the school districts under the jurisdiction of the county superintendent of schools of the county, to the county school service fund, and to the county school tuition fund of the county. Warrants for 6% of specified amounts allowed to the county school service funds and 6% of specified amounts apportioned to school districts and county school service funds for classes maintained by county superintendents of schools and to the county service fund are required to be drawn in July. For the 2008–09 fiscal year only the entire amount of the July warrant for the county school service fund and a specified percentage of the amount of the July warrant for school district apportionments, county school service fund apportionments for classes maintained by the county superintendent of schools, and county school tuition fund apportionments are deferred to the warrants drawn in September. This bill would defer $200,000,000 of the July 2009 community college advance apportionment to October 2009. The bill also would defer $1,000,000,000 of the July 2009 and $1,500,000,000 of the August 2009 apportionments for local educational agencies that maintain kindergarten or any of grades 1 to 12, inclusive, to October 2009. (28)  This bill would appropriate $540,000,000 from the General Fund to the Board of Governors of the California Community Colleges for expenditure during the 2010–11 fiscal year according to a specified item in the Budget Act of 2009. The bill would defer until July 2011 the disbursal of those funds. The amount appropriated would represent $115,000,000 of the January apportionment to community college districts, $115,000,000 of the February apportionment to those districts, $55,000,000 of the March apportionment and $55,000,000 of the April apportionment, and $200,000,000 of the June apportionment to those districts. The bill would provide that, for purposes of satisfying the minimum annual funding obligation for community college districts required by the California Constitution, those funds are General Fund revenues appropriated for community college districts for the 2010–11 fiscal year. (29) Existing law requires the Superintendent of Public Instruction, the Controller, and the Director of Finance to develop standards and criteria to be reviewed by the State Board of Education and to be used by local educational agencies in the development of annual budgets and the management of subsequent expenditures from those budgets. This bill, for the 2008–09 fiscal year only, would authorize the governing board of a school district or county office of education to use up to 100% of the balances, as of June 30, 2008, of restricted accounts in its general fund or cafeteria fund, excluding restricted reserves committed for capital outlay, bond funds, sinking funds, federal funds, and balances in designated programs. (30) This bill would require the Superintendent of Public Instruction to reduce the principal apportionment for school districts and county offices of education for the 2008–09 fiscal year, as necessary, if, during that fiscal year, the Controller has disbursed funds from the appropriations reduced by the bill in amounts greater than the amounts remaining in those appropriations following the reductions and the Superintendent determines there is no other way to recover the funds that have been disbursed during the 2008–09 fiscal year. (31) This bill would set the cost-of-living adjustment for community day schools, for specified items in the Budget Act of 2009, and for specified items in the Budget Act of 2008 for the 2009–10 fiscal year at 0% notwithstanding the cost-of-living adjustment specified in existing statutes. (32) This bill would require funds appropriated pursuant to specified items in the Budget Act of 2009 to be encumbered by July 31, 2010. (33) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. (34) This bill would declare that it is to take effect immediately as an urgency statute.

(1) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates. These procedures require the Controller to pay any eligible claim by August 15 or 45 days after the date the appropriation for the claim is effective, whichever is later. This bill would change the date the Controller is required to pay any eligible claim to October 15 or 60 days after the date the appropriation for the claim is effective, whichever date is later. (2) Existing law authorizes the Director of Finance to reduce General Fund items of appropriation for state operations or suspend the effective date of cost-of-living adjustments or rate increases upon making certain determinations, according to specified criteria and subject to specified exceptions, and subject to submission to, and approval by, the voters at a statewide election of specified amendments to the California Constitution. This bill would prohibit the director from reducing amounts appropriated for collective bargaining agreements, as specified. The bill would specify that these provisions would only become operative if specified amendments to the California Constitution are submitted to, and approved by, the voters at a statewide election. (3) Existing law requires the Department of Personnel Administration to provide the extent to which, and establish the method by which, ordered overtime is compensated for state employees. This bill would prohibit paid or unpaid leave from being considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime. (4) Existing law provides that state employees are entitled to specified holidays. Existing law provides that any employee who may be required to work on any of those holidays, and who does work on any of those holidays, shall be entitled to be paid compensation or given compensating time off for that work in accordance with the assigned workweek group of the employee's classification. This bill, effective February 1, 2009, or the date these provisions take effect, whichever is later, would reduce the number of holidays to which state employees are entitled by eliminating the holidays commonly known as Lincoln Day and Columbus Day. The bill would provide that any state employee who works on any of those remaining holidays shall be entitled to receive straight-time pay and 8 hours of holiday credit. The bill would add provisions regarding the use of holiday credit and the holidays to which persons employed less than full time are entitled. (5) The Senior Citizens and Disabled Citizens Property Tax Postponement Law allows senior citizens and disabled persons to file with the Controller a claim to postpone the payment of ad valorem property taxes, special assessments, and fees and other charges, where household income, as defined, does not exceed specified amounts. This bill would prohibit the filing of a claim for postponement on or after the effective date of the act, and would prohibit the Controller from accepting applications for postponement on or after that date. (6) Existing law requires state excise fuel tax revenues to be deposited in various accounts and to be allocated, in part, for various purposes, including the cost of collection and authorized refunds. Existing law requires the balance of these funds remaining after authorized deductions to be transferred to, and deposited monthly in, the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for annual and monthly apportionment by the Controller of specified revenues in the Highway Users Tax Account to counties and cities for the transportation purposes authorized by Article XIX of the California Constitution. This bill would require transfers of those revenues from the Highway Users Tax Account to counties or cities that would otherwise be made during certain months of 2009, to instead be made in May 2009, as specified. The bill would allow those counties or cities to make use of any cash balance in any county or city account that is designated for the receipt of state funds allocated for local streets and roads maintenance, including specified bond funds, during the period of this suspension, and the use of this cash would not be reflected as an expenditure of bond act funds, if the cash is replaced once this suspension is repaid in May 2009. (7) Existing law requires revenues from motor vehicle fuel taxes and diesel fuel taxes to be deposited in the State Treasury to the credit of the Motor Vehicle Fund, and authorizes transfers to other accounts and funds, with the balance to be transferred to, and deposited monthly in, the Highway Users Tax Account in the Transportation Tax Fund. Existing law provides for annual and monthly apportionment by the Controller of specified revenues in the Highway Users Tax Account to counties and cities for the transportation purposes authorized by Article XIX of the California Constitution. In addition to other apportionments from the account, a sum equal to the net revenue of 11.5% of any per gallon tax in excess of $0.09 per gallon imposed under specified tax provisions is required to be apportioned among the counties, including a city and county, and an equivalent sum is required to be apportioned to cities, including a city and county, as specified. This bill would instead specify that a sum equal to $0.01035 per gallon from the motor vehicle and diesel fuel taxes is required to be apportioned among the counties, including a city and a county, and an equivalent sum is required to be apportioned to cities, including a city and county, as specified. This bill would make other technical and conforming changes. (8) Existing law authorizes counties and cities and counties to apply to the Controller to receive specified funding for certain booking or detention expenses. This bill, during the 2008–09 fiscal year, would require 50% of the funding from the Controller to be funded from the Local Safety and Protection Account, which would be continuously appropriated, and during the 2009–10 fiscal year would require those payments to be fully funded from that account, thereby resulting in an appropriation. (9) Existing law requires the Department of Corrections and Rehabilitation to allocate $168,713,000 among counties based on a specified allocation schedule for local probation purposes. This bill would instead require the Controller, commencing with the 2009–10 fiscal year and every fiscal year thereafter, to allocate 33.52% of the amount deposited in the Local Safety and Protection Account, to local jurisdictions that support juvenile probation activities, as specified. The bill would also require the Controller to allocate 6.50% of the amount deposited in the Local Safety and Protection Account, during the 2008–09 fiscal year, and 5.85% during the 2009–10 fiscal year and every year thereafter, to the California Department of Corrections and Rehabilitation, to be allocated to counties that operate juvenile camps and ranches, as specified. (10) Existing law establishes within the agency or agencies designated by the Director of Finance a program of financial and technical assistance for law enforcement and district attorneys' offices, designated the High Technology Theft Apprehension and Prosecution Program, as specified. This bill would establish the High Technology Theft Apprehension and Prosecution Program in the California Emergency Management Agency, and would require the Controller to allocate 12.68% of the amount deposited in the Local Safety and Protection Account in the Transportation Tax Fund in the 2008–09 fiscal year, and 11.42% in the 2009–10 fiscal year and each fiscal year thereafter, to the California Emergency Management Agency, to be allocated for various crime prevention programs, thereby resulting in an appropriation. (11) Existing law establishes in each county treasury, a Supplemental Law Enforcement Services Fund to receive all amounts allocated to a county to fund specified public safety programs. This bill would, commencing March 1, 2009, require the Controller to fund the Supplemental Law Enforcement Services Fund from the Local Safety and Protection Account in the Transportation Tax Fund, thereby resulting in an appropriation. (12) Existing law annually appropriates from the General Fund to the Controller for allocation to county sheriff's departments, $500,000 to enhance law enforcement efforts in specified counties. This bill would, commencing with the 2008–09 fiscal year, instead, allocate 3.68% of moneys annually deposited in the Local Safety and Protection Account to be distributed evenly between specified county sheriffs departments on a quarterly basis, this resulting in an appropriation. (13) Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with a variety of health services. Existing law contains various provisions governing reimbursement rates for Medi-Cal providers and authorizes the department, notwithstanding any other provision of law, and to the extent not otherwise conflicting with federal law, to withhold, or direct the medical fiscal intermediary to withhold, payments for providers, as described, for a period of one month for a month ending prior to January 1, 2009. This bill would extend the date of this authority to withhold payment to a month ending prior to June 30, 2009. (14) Existing law specifies the manner in which state and federal funds are to be advanced to counties each month for certain public assistance programs. Existing law provides that the monthly advance of state general funds to counties for benefits or aid grants, administration, and for employment and support services shall be temporarily suspended for the months of July and August 2008 and shall resume on September 1, 2008, with the advances that would have been made in July and August to be paid not later than September 30, 2008. This bill would provide for the temporary suspension of monthly advance of state general funds to counties for benefits or aid grants, administration, and for employment and support services for certain months during 2009 and would provide for the resumption of those payments on September 1, 2009, with the advances that would have been made during those months or suspension to be paid not later than September 30, 2009. (15) Existing law requires the Board of Administration of the Public Employees Retirement System to approve health benefit plans and contract with carriers offering health benefit plans. This bill would require the board to defer the payment of the premium to a health benefit plan or dental care plan for an annuitant that is due for the months of February and March 2009 and to make those payments during the month of April 2009. (16) Existing law appropriates $2,500,000 to CaliforniaVolunteers, on an annual basis, for the purpose of funding grants to local and state-operated Americorps and Conservation Corps programs, up to 5% of which may be used for state-level administration costs. This bill would reduce the appropriation to $1,000,000 for the 2008–09 fiscal year and limit the amount used for administration to $125,000 and revise the dates on which this and a related appropriation to support this program become inoperative. (17) Existing law defines the current duties of the Treasurer and the Director of Finance and charges those officers with various responsibilities in connection with the financial affairs of the state. This bill would require the Treasurer and the Director of Finance, or designated deputies, to meet and confer in a public hearing on or before April 1, 2009, for the purpose of determining whether federal legislation has been enacted that will make available, by June 30, 2010, additional federal funds that may be used to offset not less than $9,100,000,000 in General Fund expenditures. If the Treasurer and the Director of Finance determine that federal funds in that amount have been made available, the bill would require them to notify the Joint Legislative Budget Committee and the Controller of that determination in writing. The bill would provide that its provisions would be repealed on July 1, 2010. (18) Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This bill would, for the 2009–10 fiscal year and for each fiscal year thereafter, require the auditor of a qualified county, as defined, to increase the total amount of ad valorem property tax revenue otherwise required to be allocated to that county by the county equity amount, as defined, and to commensurately reduce the total amount of ad valorem property tax revenue otherwise required to be allocated to school entities in the county, as specified. This bill also would state the intent of the Legislature that a qualified county dedicate the revenues the county receives under the bill for public health and safety purposes. (19) Existing law requires the Director of Finance to make certain adjustments in one of the formulas used in computing the state's obligation under the California Constitution to provide funding for school districts and community college districts so as to ensure that the modifications in property tax revenue allocation requirements that were made by prior enactments do not have a net fiscal impact on school districts or community college districts, or upon the state's funding obligation to those districts. This bill would apply this adjustment requirement to the modifications in property tax revenue allocation requirements that are made by this bill. By imposing new duties on local officials in the annual allocation of ad valorem property tax revenues, this bill would impose a state–mandated local program. (20) Existing law authorizes redevelopment agencies to collect a property tax increment in a redevelopment project area for redevelopment purposes. This bill would revise the allocation of property tax increment revenues in the City of Glendora. (21) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (22) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. (23) This bill would declare that it is to take effect immediately as an urgency statute.

The Budget Act of 2008 (Chapters 268 and 269 of the Statutes of 2008) made appropriations for the support of state government during the 2008–09 fiscal year. This bill would amend the Budget Act of 2008 to make adjustments to certain items of appropriations. The bill would authorize the Director of Finance to allocate necessary reductions in employee compensation from General Fund items in the amount of $385,762,000 and from items relating to other funds in the amount of $285,196,000. The bill would state the intent of the Legislature that reductions in employee compensation will result in General Fund savings of $1,024,326,000 and other fund savings of $688,375,000 in the 2009–10 fiscal year. The bill also would set forth procedures to account for the receipt of federal funds as part of an economic stimulus or similar legislation during the 2008–09 and 2009–10 fiscal years. The Budget Act of 2003 (Chapter 157 of the Statutes of 2003) makes appropriations for the support of state government during the 2003–04 fiscal year and, among other things, authorizes transfers to the General Fund from certain special funds to be repaid to those funds during the 2nd half of the 2008–09 fiscal year. This bill would amend the Budget Act of 2003 to extend the time for repayment of those transfers to the 2nd half of the 2009–10 and 2011–12 fiscal years, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides that the Secretary of State is the chief elections officer of the state and requires the Secretary of State to perform specified duties, including preparing and mailing ballot pamphlets, in connection with any statewide election. Existing law further requires the Attorney General to provide for each ballot measure submitted to the voters of the state a ballot title, an official summary, and a ballot label that shall be a condensed statement of the ballot title. Existing law requires that every measure submitted to the voters comply with a specified schedule leading up to the day of the election. This bill would call a statewide special election to be held on May 19, 2009. The bill would place 6 measures before the voters at that election, including (1) a legislative constitutional amendment relating to budget reform, (2) a legislative constitutional amendment relating to education finance, (3) a legislative measure relating to the California State Lottery, (4) a legislative measure relating to Proposition 10 approved by the voters at the November 3, 1998, statewide general election, (5) a legislative measure relating to Proposition 63 approved by the voters at the November 2, 2004, statewide general election, and (6) a legislative constitutional amendment relating to the pay of state officers in the event there is an operating deficit in the state budget. This bill would further set forth language to be used for the ballot labels and the ballot titles and summaries for those measures. In addition, this bill would waive certain statutory deadlines for placement of those measures before the voters at the May 19, 2009, statewide special election, and would specify that the ballot label public examination period be limited to 8 days. This bill would place before the voters at the June 8, 2010, statewide primary election a legislative constitutional amendment relating to open primary elections. This bill would also set forth language to be used for the ballot label and the ballot title and summary for that measure. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an act calling an election. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Public Safety and Offender Rehabilitation Services Act of 2007, requires the Department of Corrections and Rehabilitation to design, construct, or renovate prison housing units, prison support buildings, and programming space in order to add approximately 7,484 beds at specified adult correctional facilities, and authorizes the department to develop approximately 12,000 new prison beds overall, including appropriate programming space, and to acquire land, design, construct, and renovate reentry program facilities, and to construct and establish new buildings at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for 6,000 inmates, as specified. This bill instead would remove the limitation on the number of beds that are required to be constructed at specified facilities, while maintaining the 12,000 bed maximum, and would delete the word "prison" from the types of facilities that are affected by the bill and replace it with "facilities under the jurisdiction of the department." Existing law authorizes the State Public Works Board to issue revenue bonds or notes for purposes of financing these projects, as specified. Existing law also provides that funds derived from interim financing, bonds, or notes issued for this purpose are continuously appropriated to the board on behalf of the department for purposes of specified prison construction. Existing law authorizes the board to borrow funds for project costs from the Pooled Money Investment Account. This bill would add acquisition and design as project costs for which the board may borrow funds from the Pooled Money Investment Account. The bill would also provide that preliminary expenditures to develop the scope, budget, programming, and scheduling for a project would be reimbursable from the proceeds of the revenue bonds. The board would be allowed to issue bonds or notes to finance the acquisition of specified projects. The amount of bonds or notes to be sold would be required to include the cost of acquisition of the facilities and other costs related to acquisition of the facilities. Because the bill would authorize additional uses of continuously appropriated funds, the bill would constitute an appropriation. Under existing law, the amount of revenue bonds or notes to be sold is required to equal certain costs, including interim financing and a reasonable reserve. This bill, instead, would authorize the amount of bonds and notes to include those items. Existing law provides that eligible counties that choose to finance a local youthful offender rehabilitative facility with money from this act are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of those facilities. This bill would also require those counties to be responsible for the renovation of those facilities. The bill would make related conforming changes. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families and sets forth the duties of regional centers in that regard. Existing law requires that contracts between the department and regional centers specify certain coordinator-to-consumer ratios. Existing law also requires these contracts to require the regional center to have, or contract for, expertise in certain areas. This bill would provide that, from February 1, 2009, to June 30, 2010, inclusive, certain coordinator-to-consumer ratio requirements shall not apply and that a regional center shall not be required to have or contract for certain areas of expertise. Existing law requires regional centers, by December 1 of each year, to provide a listing to the department of a complete salary schedule for all personnel classifications used by the regional center and information on all prior fiscal year expenditures, as specified. This bill, from February 1, 2009, to June 30, 2010, inclusive, would suspend the salary schedule reporting requirements. The bill would also provide that regional centers shall not be required to report certain prior fiscal year operations expenditures in 2009. The bill would also require regional centers, in order to implement changes in the level of funding for regional center purchase of services, from February 1, 2009, to June 30, 2010, inclusive, to reduce certain payments for services delivered on or after February 1, 2009, by 3%, except as specified. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law establishes maximum aid grant amounts to be provided under the CalWORKs program, and provides, with certain exceptions, including the 2007–08 and 2008–09 fiscal years for an annual cost-of-living adjustment to be made in the maximum aid payments provided to needy families under the program. This bill would reduce the maximum aid payments in effect on September 1, 2007, by 4%, unless a specified notice is made by the Director of Finance to the Joint Legislative Budget Committee, in accordance with a designated section of the Government Code. This bill would provide that no adjustment to the maximum aid payment would be made for the 2009–10 fiscal year. Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. Under existing law, this adjustment becomes effective on January 1 of each year, until the 2010 calendar year, and thereafter, when the adjustment takes effect on June 1. This bill would provide that, on May 1, 2009, the maximum aid payment levels in effect on January 1, 2009, would be reduced to the payment levels in effect on December 1, 2008, except as specified. The bill would provide for a further reduction of these benefits of 2.3 percent, commencing July 1, 2009, unless a specified notice is made by the Director of Finance to the Joint Legislative Budget Committee, in accordance with a designated section of the Government Code. The bill would provide that no benefit adjustment would be made for the 2010 calendar year, and would require the adjustment to be made effective June 1 commencing with the 2011 calendar year and thereafter. Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law establishes the federal Medicaid program, which is administered by each state. California's version of this program is the Medi-Cal program, which is administered by the State Department of Health Services and under which qualified low-income persons receive health care benefits. Existing law provides for the payment of a supplementary benefit under the IHSS program to any eligible aged, blind, or disabled person who is receiving Medi-Cal personal care services and who would otherwise be deemed a categorically needy recipient under the IHSS program. This bill would limit this supplementary payment to individuals who received Medi-Cal personal care services before July 1, 2009, who continue to receive those services, unless a specified notice is made by the Director of Finance to the Joint Legislative Budget Committee, in accordance with a designated section of the Government Code. Existing law provides that when any increase in provider wages or benefits is negotiated or agreed to by a public authority or nonprofit consortium, the county shall use county-only funds for the state and county share of any increase in the program, unless otherwise provided in the Budget Act or appropriated by statute. Existing law establishes a formula with regard to provider wages or benefits increases negotiated or agreed to by a public authority or nonprofit consortium, and specifies the percentages required to be paid by the state and counties, beginning with the 2000–01 fiscal year, with regard to the nonfederal share of any increases. This bill, notwithstanding the existing formula, would limit state participation to a total cost of wages up to $9.50 per hour and individual health benefits up to $0.60 per hour, commencing July 1, 2009, unless a specified notice is made by the Director of Finance to the Joint Legislative Budget Committee, in accordance with a designated section of the Government Code. This bill would authorize the State Department of Social Services to implement the changes made by this bill relating to the IHSS program through all-county letters or similar instructions from the director, pending the adoption of emergency regulations. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2008.