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Status: (Engrossed - Dead) 2012-06-14 - Withdrawn from committee.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.
