Bill Text: CA AB2215 | 2015-2016 | Regular Session | Chaptered
Bill Title: California State Lottery Act: California State
Spectrum: Bipartisan Bill
Status: (Passed) 2016-08-29 - Chaptered by Secretary of State - Chapter 227, Statutes of 2016. [AB2215 Detail]
Download: California-2015-AB2215-Chaptered.html
BILL NUMBER: AB 2215 CHAPTERED
BILL TEXT
CHAPTER 227
FILED WITH SECRETARY OF STATE AUGUST 29, 2016
APPROVED BY GOVERNOR AUGUST 29, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY MAY 12, 2016
INTRODUCED BY Assembly Members Medina and Baker
FEBRUARY 18, 2016
An act to amend Section 8880.5 of the Government Code, relating to
the California State Lottery Act.
LEGISLATIVE COUNSEL'S DIGEST
AB 2215, Medina. California State Lottery Act: California State
University Lottery Education Fund: California State University Trust
Fund.
(1) The California State Lottery Act of 1984, enacted by
initiative, authorizes a California State Lottery and provides for
its operation and administration by the California State Lottery
Commission and the Director of the California State Lottery, with
certain limitations. The act establishes the California State Lottery
Education Fund and provides for direct payments from the fund to
various entities, including the Board of Trustees of the California
State University. The act requires funds received by the trustees to
be deposited in, and expended from, the California State University
Lottery Education Fund or, at the discretion of the trustees,
deposited in local trust accounts.
Existing law establishes the California State University Trust
Fund and specifies its sources of revenue. Existing law provides that
all money received by the fund shall augment the support
appropriation to the California State University for the fiscal year
to which the collections apply.
This bill would require the trustees to deposit funds received
from the California State Lottery Education Fund in the California
State University Trust Fund instead of the California State
University Lottery Education Fund. The bill would continue to allow
the trustees, in their discretion, to deposit the funds in local
trust accounts.
(2) The California State Lottery Act of 1984, an initiative
measure, specifies that none of its provisions may be changed except
to further its purpose by a bill passed by a 2/3 vote of each house
of the Legislature and signed by the Governor.
This bill would declare that its provisions further the purposes
of the act, as specified, and that the act shall not be interpreted
to expand the lawful uses of funds allocated from the California
State Lottery Education Fund to the trustees.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8880.5 of the Government Code is amended to
read:
8880.5. Allocations for education:
The California State Lottery Education Fund is created within the
State Treasury, and is continuously appropriated for carrying out the
purposes of this chapter. The Controller shall draw warrants on this
fund and distribute them quarterly in the following manner, provided
that the payments specified in subdivisions (a) to (g), inclusive,
shall be equal per capita amounts.
(a) (1) Payments shall be made directly to public school
districts, including county superintendents of schools, serving
kindergarten and grades 1 to 12, inclusive, or any part thereof, on
the basis of an equal amount for each unit of average daily
attendance, as defined by law and adjusted pursuant to subdivision (
l ).
(2) For purposes of this paragraph, in each of the 2008-09,
2009-10, 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15 fiscal
years, the number of units of average daily attendance in each of
those fiscal years for programs for public school districts,
including county superintendents of schools, serving kindergarten and
grades 1 to 12, inclusive, shall include the same amount of average
daily attendance for classes for adults and regional occupational
centers and programs used in the calculation made pursuant to this
subdivision for the 2007-08 fiscal year.
(b) Payments shall also be made directly to public school
districts serving community colleges, on the basis of an equal amount
for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees
of the California State University on the basis of an amount for each
unit of equivalent full-time enrollment. Funds received by the
trustees shall be deposited in and expended from the California State
University Trust Fund or, at the discretion of the trustees,
deposited in local trust accounts in accordance with subdivision (j)
of Section 89721 of the Education Code.
(d) Payments shall also be made directly to the Regents of the
University of California on the basis of an amount for each unit of
equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors
of the Hastings College of the Law on the basis of an amount for
each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the Department of the
Youth Authority for educational programs serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, on the basis of an
equal amount for each unit of average daily attendance, as defined by
law.
(g) Payments shall also be made directly to the two California
Schools for the Deaf, the California School for the Blind, and the
three Diagnostic Schools for Neurologically Handicapped Children, on
the basis of an amount for each unit of equivalent full-time
enrollment.
(h) Payments shall also be made directly to the State Department
of Developmental Services and the State Department of State Hospitals
for clients with developmental or mental disabilities who are
enrolled in state hospital education programs, including
developmental centers, on the basis of an equal amount for each unit
of average daily attendance, as defined by law.
(i) No Budget Act or other statutory provision shall direct that
payments for public education made pursuant to this chapter be used
for purposes and programs, including workload adjustments and
maintenance of the level of service, authorized by Chapters 498, 565,
and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes
of 1984, or Chapter 1 of the Statutes of the 1983-84 Second
Extraordinary Session.
(j) School districts and other agencies receiving funds
distributed pursuant to this chapter may at their option utilize
funds allocated by this chapter to provide additional funds for those
purposes and programs prescribed by subdivision (i) for the purpose
of enrichment or expansion.
(k) As a condition of receiving any moneys pursuant to subdivision
(a) or (b), each school district and county superintendent of
schools shall establish a separate account for the receipt and
expenditure of those moneys, which account shall be clearly
identified as a lottery education account.
( l ) Commencing with the 1998-99 fiscal year, and each
year thereafter, for purposes of subdivision (a), average daily
attendance shall be increased by the statewide average rate of
excused absences for the 1996-97 fiscal year as determined pursuant
to the provisions of Chapter 855 of the Statutes of 1997. The
statewide average excused absence rate, and the corresponding
adjustment factor required for the operation of this subdivision,
shall be certified to the Controller by the Superintendent of Public
Instruction.
(m) It is the intent of this chapter that all funds allocated from
the California State Lottery Education Fund shall be used
exclusively for the education of pupils and students and no funds
shall be spent for acquisition of real property, construction of
facilities, financing of research, or any other noninstructional
purpose.
SEC. 2. The Legislature finds and declares both of the following:
(a) This act furthers the purpose of the California State Lottery
Act of 1984, enacted by Proposition 37 at the November 6, 1984,
general election by eliminating inefficient administrative procedures
that the Board of Trustees of the California State University and
the Controller utilize on a quarterly basis.
(b) This act shall not be interpreted to expand the lawful uses of
funds allocated from the California State Lottery Education Fund to
the Board of Trustees of the California State University.
