Bill Text: CA SB1035 | 2011-2012 | Regular Session | Amended


Bill Title: Budget Act of 2012.

Spectrum: Unknown

Status: (Engrossed - Dead) 2012-06-14 - Withdrawn from committee. (Ayes 47. Noes 25. Page 5301.) Ordered to second reading. Read second time. Ordered to third reading. [SB1035 Detail]

Download: California-2011-SB1035-Amended.html
BILL NUMBER: SB 1035	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 13, 2012

INTRODUCED BY   Committee on Budget and Fiscal Review

                        FEBRUARY 6, 2012

   An act  relating to the Budget Act of 2012  
to amend the Budget Act of 2012 by amending Items 0820-011-8071, 2660
  -401, and 5180-101-0001 of, and by repealing Item
3500-403 of, Section 2.00 of that act, relating to the state budget,
and making an appropriation therefor, to take effect immediately,
budget bill  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1035, as amended, Committee on Budget and Fiscal Review. Budget
Act of 2012. 
   The Budget Bill, enacted as the Budget Act of 2012, would make
appropriations for the support of state government for the 2012-13
fiscal year.  
   This bill would amend the Budget Act of 2012 by revising items of
appropriation, loans, and transfers of moneys specified in that act.
 
   This bill would become operative only if AB 1464 or SB 1004 is
enacted as the Budget Act of 2012.  
   This bill would declare that it is to take effect immediately as a
Budget Bill.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Item 0820-011-8071 of Section 2.00 of
the   Budget Act of 2012   is amended to read:

0820-011-8071--For transfer by the
Controller, upon order of the Director of
Finance, from the National Mortgage          (100,000,000

Special Deposit Fund to the General Fund...             )
  
                                              (50,000,000) 
      Provisions:
      1.     The amount transferred in this
             item is a loan to the General
             Fund and shall be repaid upon
             the order of the Director of
             Finance by June 30, 2014, to
             be used to reimburse the
             General Fund for purposes
             consistent with the National
             Mortgage Settlement.


   SEC. 2.    Item 2660-401 of Section 2.00 of the 
 Budget Act of 2012   is amended to read: 
 2660-401--Notwithstanding Provision 1 of the 
 2660-401--Notwithstanding the provisions of the 
following items, the loans authorized by those
items shall be repaid as follows:
        1.       $150,000,000 from Item
2660-011-0042, 
        1.5.   $50,000,000 from Item 2660-011-0042, 
              State Highway Account, State
              Transportation Fund, Budget Act of
              2008 (Chs. 268 and 269, Stats. 2008),
              as amended by Item 2660-401, Budget
              Act of 2010 (Ch. 712, Stats. 2010),
              shall be repaid by June 30, 201  4 
 6  , upon
              order of the Director of Finance.
       2.     $6,000,000 from Item       2660-011-
              0045, Bicycle Transportation Account,
              State Transportation Fund, Budget Act
              of 2008 (Chs. 268 and 269, Stats.
              2008), as amended by Item 2660-401,
              Budget Act of 2010 (Ch. 712, Stats.
              2010), shall be repaid by June 30,
              2017, upon order of the Director of
              Finance.
       3.     $7,500,000 from Item 2660-011-0052,
              Local Airport Loan Account, Budget Act
              of 2008 (Chs. 268 and 269, Stats.
              2008), as amended by Item 2660-401,
              Budget Act of 2010 (Ch. 712, Stats.
              2010), shall be repaid by June 30,
              2017, upon order of the Director of
              Finance.
       4.     $8,000,000 from Item 2660-011-0061,
              Motor Vehicle Fuel Account,
              Transportation Tax Fund, Budget Act of
              2008 (Chs. 268 and 269, Stats. 2008),
              as amended by Item       2660-401,
              Budget Act of 2010 (Ch. 712, Stats.
              2010), shall be repaid by June 30,
              2017, upon order of the Director of
              Finance.
       5.     $4,400,000 from Item 2660-011-0183,
              Environmental Enhancement and
              Mitigation Program Fund, Budget Act of
              2008 (Chs. 268 and 269, Stats. 2008),
              as amended by Item 2660-401, Budget
              Act of 2010 (Ch. 712, Stats. 2010),
              shall be repaid by June 30, 2017, upon
              order of the Director of Finance.
       6.     $2,000,000 from Item 2660-011-0365,
              Historic Property Maintenance Fund,
              Budget Act of 2008 (Chs. 268 and 269,
              Stats. 2008), as amended by Item 2660
              -401, Budget Act of 2010 (Ch. 712,
              Stats. 2010), shall be repaid by June
              30, 2014, upon order of the Director
              of Finance.
       7.     $1,715,000 from Item 2660-011-2500,
              Pedestrian Safety Account, State
              Transportation Fund, Budget Act of
              2008 (Chs. 268 and 269, Stats. 2008),
              as amended by Item 2660-401, Budget
              Act of 2010 (Ch. 712, Stats. 2010),
              shall be repaid by June 30, 2017, upon
              order of the Director of Finance.
        8.       $135,000,000 from Item
2660-011-0042, 
               State Highway Account, State 
               Transportation Fund, Budget Act of 
               2009 (Ch. 1, 2009-10 3rd Ex. Sess., as

               revised by Ch. 1, 2009-10 4th Ex. 
               Sess.), shall be repaid by June 30, 
               2015, upon order of the     Director 

               of Finance. 


   SEC. 3.    Item 3500-403 of Section 2.00 of the 
 Budget Act of 2012   is repealed. 

3500-403--Notwithstanding Provision 1 of
Item 3480-011-0133, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.), of the
$99,400,000 loan authorized by that item,
$10,000,000 shall be repaid no later than
June 30, 2013, and $89,400,000 shall be
repaid no later than June 30, 2014, upon
order of the Director of Finance. The
repayment shall be made so as to ensure
that the programs supported by the
California Beverage Container Recycling
Fund are not adversely affected by the
loan.


   SEC. 4.    Item 5180-101-0001 of Section 2.00 of the
  Budget Act of 2012   is amended to read: 
5180-101-0001--For local assistance,
Department of Social Services..............  987,123,000

                                              887,601,000 
    Schedule:
    (1)  16.30-CalWORKs.......  3,177,369,000  

                                3,077,847,000 
    (2)  16.65-Other
         Assistance Payments.. 1,707,423,000
    (3)  Reimbursements.......      -759,000
    (4)  Amount payable from
         the Emergency Food
         Assistance Program
         Fund (Item 5180-101-
         0122)................      -640,000
    (5)  Amount payable from
         the Federal Trust
         Fund (Item 5180-101-  -3,886,424,00
         0890)................             0
    (6)  Amount payable from
         the Child Support
         Collections Recovery
         Fund (Item 5180-101-
         8004)................    -9,846,000
    Provisions:
    1.   (a)     No funds appropriated in
                 this item shall be
                 encumbered unless every
                 rule or regulation adopted
                 and every all-county
                 letter issued by the State
                 Department of Social
                 Services that adds to the
                 costs of any program is
                 approved by the Department
                 of Finance as to the
                 availability of funds
                 before it becomes
                 effective. In making the
                 determination as to
                 availability of funds to
                 meet the expenditures of a
                 rule, regulation, or all-
                 county letter that would
                 increase the costs of a
                 program, the Department of
                 Finance shall consider the
                 amount of the proposed
                 increase on an annualized
                 basis, the effect the
                 change would have on the
                 expenditure limitations
                 for the program set forth
                 in this act, the extent to
                 which the rule,
                 regulation, or all-county
                 letter constitutes a
                 deviation from the
                 premises under which the
                 expenditure limitations
                 were prepared, and any
                 additional factors
                 relating to the fiscal
                 integrity of the program
                 or the state's fiscal
                 situation.
         (b)     Notwithstanding Sections
                 28.00 and 28.50, the
                 availability of funds
                 contained in this item for
                 rules, regulations, or all-
                 county letters that add to
                 program costs funded from
                 the General Fund in excess
                 of $500,000 on an annual
                 basis, including those
                 that are the result of a
                 federal regulation, but
                 excluding those that are
                 (a) specifically required
                 as a result of the
                 enactment of a federal or
                 state law or (b) included
                 in the appropriation made
                 by this act, shall not be
                 approved by the Department
                 of Finance sooner than 30
                 days after notification in
                 writing to the
                 chairpersons of the
                 committees in       each
                 house of the Legislature
                 that consider
                 appropriations and the
                 Chairperson of the Joint
                 Legislative Budget
                 Committee, or sooner than
                 such lesser time after
                 notification as the
                 chairperson of the joint
                 committee, or his or her
                 designee, may in each
                 instance determine.
    2.   Notwithstanding Chapter 1
         (commencing with Section 18000) of
         Part 6 of Division 9 of the
         Welfare and Institutions Code, a
         loan not to exceed $500,000,000
         shall be made available from the
         General Fund, from funds not
         otherwise appropriated, to cover
         the federal share of costs of a
         program or programs when the
         federal funds have not been
         received by this state prior to
         the usual time for transmitting
         that federal share to the counties
         of this state. This loan from the
         General Fund shall be repaid when
         the federal share of costs for the
         program or programs becomes
         available.
    3.   The Department of Finance may
         authorize the transfer of amounts
         from this item to Item 5180-001-
         0001 in order to fund the costs of
         the administrative hearing process
         associated with the CalWORKs
         program.
    4.   (a)     The Department of Finance
                 is authorized to approve
                 expenditures in those
                 amounts made necessary by
                 changes in either caseload
                 or payments, including,
                 but not limited to, the
                 timing of federal
                 payments, or any rule or
                 regulation adopted and any
                 all-county letter issued
                 as a result of the
                 enactment of a federal or
                 state law, the adoption of
                 a federal regulation, or a
                 court action, during the
                 2012-13 fiscal year
                 that are within or in
                 excess of amounts
                 appropriated in this act
                 for that year.
         (b)     If the Department of
                 Finance determines that
                 the estimate of
                 expenditures will exceed
                 the expenditures
                 authorized for this item,
                 the department shall so
                 report to the Legislature.
                 At the time the report is
                 made, the amount of the
                 appropriation made in this
                 item shall be increased by
                 the amount of the excess
                 unless and until otherwise
                 provided by law.
    5.   Nonfederal funds appropriated in
         this item which have been budgeted
         to meet the state's Temporary
         Assistance for Needy Families
         maintenance-of-effort requirement
         established pursuant to the
         federal       Personal
         Responsibility and Work
         Opportunity Reconciliation Act of
         1996 (P.L. 104-193) may not be
         expended in any way that would
         cause their disqualification as a
         federally allowable maintenance-of-
         effort expenditure.
    6.   In the event of declared disaster
         and upon county request, the State
         Department of Social Services may
         act in the place of any county and
         assume direct responsibility for
         the administration of eligibility
         and grant determination. Upon
         recommendation of the Director of
         Social Services, the Department of
         Finance may authorize the transfer
         of funds from this item and Item
         5180-101-0890, to Items 5180-001-
         0001 and 5180-001-0890, for this
         purpose.
    7.   Pursuant to the Electronic Benefit
         Transfer (EBT) Act (Chapter 3
         (commencing with Section 10065) of
         Part 1 of Division 9 of the
         Welfare and Institutions Code) and
         in accordance with the EBT System
         regulations (Manual of Policies
         and Procedures Section 16-401.15),
         in the event a county fails to
         reimburse the EBT contractor for
         settlement of EBT transactions
         made against the county's cash
         assistance programs, the state is
         required to pay the contractor.
         The State Department of Social
         Services may use funds from this
         item to reimburse the EBT
         contractor for settlement on
         behalf of the county. The county
         shall be required to reimburse the
         department for the county's
         settlement via direct payment or
         administrative offset.
    8.   The Department of Finance is
         authorized to approve expenditures
         for the California Food
         Assistance Program in those
         amounts made necessary by changes
         in the CalFresh Program Standard
         Utility Allowance, including those
         that result from midyear Standard
         Utility Allowance adjustments
         requested by the state. If the
         Department of Finance determines
         that the estimate of expenditures
         will exceed the expenditure
         authority of this item, the
         department shall so report to the
         Legislature. At the time the
         report is made, the amount of the
         appropriation made in this item
         shall be increased by the amount
         of the excess unless and until
         otherwise provided by law.


   SEC. 5.    Sections 1 to 4, inclusive, of this act
shall become operative only if Assembly Bill 1464 or Senate Bill 1004
of the 2011-12 Regular Session is enacted as the Budget Act of 2012.

   SE   C. 6.    This act is a Budget Bill
within the meaning of subdivision (e) of Section 12 of Article IV of
the California Constitution and shall take effect immediately. 

       
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.
         
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