Sen. Denise Moreno Ducheny

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

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

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

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 $240,000,000 and from items relating to other funds in the amount of $149,000,000. The bill would state the intent of the Legislature that reductions in employee compensation will result in General Fund savings of $417,000,000 and other fund savings of $255,000,000 in the 2009–10 fiscal year. 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 2010–11 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution. The bill would become operative only if AB 2 and SB 9 of the 2009–10 1st Extraordinary Session are enacted.

Existing law imposes a levy of $0.18 per gallon on motor vehicle fuel, commonly referred to as gasoline, and on diesel fuel. Under Article XIX of the California Constitution, the portion of these revenues that is derived from use in motor vehicles upon public streets and highways is restricted for expenditure on street and highway and certain mass transit guideway purposes. This bill would, commencing April 1, 2009, impose a user fee of $0.39 per gallon on gasoline and $0.31 per gallon on diesel fuel. The bill would require the State Board of Equalization to adjust the amount of the fee every 3 years consistent with the California Consumer Price Index. The bill would require revenues from the fee to be distributed pursuant to specified formulas. The bill would require the State Board of Equalization to administer the user fees in the same manner as the existing $0.18 per gallon levies. Revenues from the fee would be required to be used solely for purposes consistent with the requirements under law for a user fee of this nature. The bill would continuously appropriate the fee revenues deposited in the Motor Vehicle Fuel Account, and would continuously appropriate the portion of fee revenues designated for apportionment by the Controller to cities and counties, as specified, thereby making an appropriation. The bill would enact other related provisions. 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

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 2008 and 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 December 1, 2008, 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, with certain exceptions, requires an annual cost-of-living adjustment to be made in maximum aid payments provided to needy families under the CalWORKs program. 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 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 that, commencing with the 2004 calendar year and thereafter, in any calendar year in which no cost-of-living adjustment is made to the payment schedules, there shall be a pass along of any cost-of-living increases in federal SSI benefits. This bill would, for the 2009 calendar year, provide for the elimination of the federal pass along commencing April 1, 2009, except as specified. This bill would become operative if either AB 2 or SB 2 and AB 9 or SB 9 of the 2009–10 First Extraordinary Session of the Legislature are chaptered. 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns Law) authorizes a county and a city and county to impose a local sales and use tax, and similarly authorizes a city, located within a county imposing such a tax rate, to impose a local sales tax rate that is credited against the county rate. Existing law requires a city, county, or city and county imposing a local sales and use tax pursuant to the Bradley-Burns Law to contract with the State Board of Equalization to administer the local sales and use tax. Existing law authorizes a county or city and county to contract with the State Board of Equalization to establish a local transportation fund in the county treasury for the deposit of 14 of 1% of the revenues collected for the county or city and county under the Bradley-Burns Law for specified transportation purposes. This bill would authorize a county or city and county to impose an additional 14 of 1% sales and use tax rate under the Bradley-Burns Law. This bill would require a county or city and county that imposes this additional rate to deposit all revenues derived therefrom, less specified administrative costs, into a local transportation fund, as specified. This bill would also require a county or a city and county that imposes this additional tax to comply with the applicable voter-approval requirements of a specified provision of the California Constitution. 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution. This bill would become operative only if Assembly Bill 2 of the 2009-10 First Extraordinary Session of the Legislature is chaptered

(1) Existing law establishes various funds in the State Treasury. Existing law also provides for the investment of money in the State Treasury, generally, by the Pooled Money Investment Board, in the Pooled Money Investment Account. Interest earned and increments derived from these investments are distributed to the Surplus Money Investment Fund and the General Fund. This bill would authorize the Controller to loan moneys in various funds to the General Fund for specified purposes. The bill would require that, with specified exception, interest be paid on all moneys loaned to the General Fund at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which the moneys were loaned. The bill would not authorize any transfer that would interfere with the carrying out of the object for which the funds were created. (2) Existing law appropriates from the General Fund any unapplied money, as defined, in any amounts necessary to pay the interest on, and the principal of, any notes issued as the notes become due and payable. Existing law appropriates $250,000 from the General Fund without regard to fiscal years, to be set aside in the State Notes Expense Account, to be used to pay expenses incurred by the Treasurer, the Controller, or the Department of Finance in providing for the preparation, sale, issuance, advertising, legal services, or any other act which, in the Treasurer's discretion, is necessary to carry out provisions of law relating to the issuance of warrants by the Controller. The bill would provide that when any payment on a note or any payment to the provider of a credit enhancement or liquidity facility for a note is due, that payment shall be made subject only to the prior payment of payments required by law to be paid before the note or provider payment and payments that by the terms of the note or credit enhancement or liquidity agreement are permitted to be paid before the note or provider payment. The bill would provide that a demand drawn pursuant to these provisions to include those expenses described above. In the alternative, all or a portion of those expenses may be paid by causing the notes to bear interest at a rate that results in payment by the purchaser of the notes of a premium sufficient to pay those expenses. (3) Existing law requires the amount appropriated by the Legislature for the use of the Department of Motor Vehicles and the Franchise Tax Board for the enforcement of the Vehicle License Fee Law, to be transferred from the Motor Vehicle License Fee Account in the Transportation Tax Fund to the Motor Vehicle Account in the State Transportation Fund, as specified. This bill would instead require that this amount calculated for support of the Department of Motor Vehicles for the enforcement of the Vehicle License Fee Law be deposited in a Local Safety and Protection Account in the Transportation Tax Fund, which would be continuously appropriated and allocated for specified purposes. (4) 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, and during the 2009–10 fiscal year would require those payments to be fully funded from that account, thereby resulting in an appropriation. (5) Existing law requires the Department of Corrections and Rehabilitation to allocate $168,713,000 among counties based on a specified allocation schedule. This bill would instead require the Controller to allocate the funds deposited in the Local Safety and Protection Account to each county to support juvenile probation activities, thereby resulting in an appropriation. Existing law also requires the Department of Corrections and Rehabilitation to annually allocate the sum of $32,700,000 among counties that operate juvenile camps and ranches, based on the number of occupied beds in each camp, as prescribed. This bill would, commencing with the 2008-09 fiscal year, reduce this allocation to $29,430,000. (6) 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. (7) 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, during the 2008–09 fiscal year, reduce this appropriation to $275,000 to specified county sheriff's departments, and would eliminate this appropriation for each fiscal year thereafter. (8) Existing law requires the Department of Motor Vehicles to charge a registration fee of $31 on every vehicle or trailer coach, as specified. This bill would require the department, on March 1, 2009, and thereafter, to charge a registration fee of $43 on every vehicle or trailer coach, as specified. (9) Under existing law, every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature. Existing law provides that elections held in June and November of each even-numbered year, and elections held the first Tuesday in February of each year evenly divisible by the number 4, are statewide elections and these dates are statewide elections dates. Under existing law, the statewide elections in June and November of each even-numbered year are held on the first Tuesday after the first Monday of the month. This bill would require that any Senate Constitutional Amendment or Assembly Constitutional Amendment adopted during the 2009–10 First Extraordinary Session be submitted to the voters at the November 2, 2010, statewide general election in accordance with the provisions of the Government Code and the Elections Code governing the submission of statewide measures to the voters. (10) This bill would provide that it shall become effective only if either AB 2 or SB 2 and either AB 9 or SB 9 of the First Extraordinary Session are chaptered. (11) 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

(1) Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Other provisions of existing law authorize the Department of General Services to dispose of real property that the Legislature has declared surplus, and has directed the disposal of, by the Department of General Services. This bill would exempt from CEQA, unless a specified condition exists, the disposition of a parcel of surplus state real property if the project consists exclusively of the sale or transfer of that property by a state agency. (2) Existing law requires each state agency, on or before December 31 of each year, to review certain proprietary state lands over which the state agency has jurisdiction to determine what land is in excess and to report the determination, in writing, to the Department of General Services. Existing law requires the Department of General Services to annually report to the Legislature, lands that are declared to be in excess. This bill would require each state agency, before making the above determination, to comply with the California Environmental Quality Act. The bill would require the Department of General Services to report annually to the Legislature lands that are determined to be excess and those that are determined not to be excess. (3) This bill would provide that its provisions would become operative only if AB 2 of the 2009–10 First Extraordinary Session is enacted and becomes effective. (4) 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2008. 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 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.