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This bill would delete the requirement that the board fix the biennial
renewal fee for purposes of maintaining the 9-month reserve balance
in the contingent fund, and would delete the limitation that the biennial
renewal fee may only be increased when additional moneys are required
to fund authorized expenditures and maintain the contingent fund
reserve balance.
(2) The California Small Business Financial Development
Corporation Law authorizes the formation of small business financial
development corporations to grant loans or loan guarantees for the
purpose of stimulating small business development and imposes certain
duties with respect thereto on a director designated by the Secretary
of Business, Transportation and Housing. The California Small Business
Expansion Fund, which is created under that law and is continuously
appropriated, provides funds to be used to pay for defaulted loan
guarantees and administrative costs of these corporations.
This bill would require the Director of Finance, upon notification of
the receipt of specified federal funds, to order that $20,000,000 of state
money in the expansion fund be reverted to the General Fund. The bill
would require small business financial development corporations to
prioritize the use of federal moneys over the use of state moneys when
granting new loan guarantees, as specified.
(3) Existing law establishes the Oil Spill Response Trust Fund in the
State Treasury and continuously appropriates to the administrator for
oil spill response the moneys in the fund for expenditure for specified
purposes, including to cover the costs incurred by state and local
government for responding to oil spills. The Lempert-Keene-Seastrand
Oil Spill Prevention and Response Act requires the administrator to
collect a uniform oil spill response fee, to be deposited into the fund,
during any period that the fund contains less than or equal to 95% of
a designated amount.
This bill would provide that if a loan or other transfer of money from
the fund to the General Fund pursuant to the Budget Act reduces the
balance of the fund to less than or equal to 95% of the designated
amount, the administrator is not required to collect oil spill response
fees if the annual Budget Act requires the transfer or loan to be repaid
(A) to the fund with interest calculated at a rate earned by the Pooled
Money Investment Account and (B) on or before June 30, 2014. The
bill would require that the transfer or loan be repaid as soon as possible
if a spill occurs and the administrator determines that response funds
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The bill would also appropriate for the 2011–12 fiscal year $1,000
from the Restitution Fund, a continuously appropriated fund, to the
California Victim Compensation and Government Claims Board.
(13) Existing law creates in the State Treasury the Indian Gaming
Special Distribution Fund for the receipt and deposit of moneys received
by the state from certain Indian tribes pursuant to the terms of gaming
compacts entered into with the state. Existing law authorizes moneys
in that fund to be used for specified purposes, including for grants for
the support of state and local government agencies impacted by tribal
government gaming. Existing law, until January 1, 2021, requires each
county that administers grants from the Indian Gaming Special
Distribution Fund to provide an annual report to certain legislative
and executive branch members by October 1 of each year detailing the
specific projects funded by all grants in the county’s jurisdiction in the
previous fiscal year, as specified.
This bill would, until January 1, 2012, and for the 2009–10 fiscal
year, authorize the Controller to allocate funding to a county that
submits the annual report after the October 1 deadline, but prior to
July 1, 2011.
(14) The bill would also make various conforming and nonsubstantive
changes.
(15) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session for
that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation
on January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency declared
and reaffirmed by the Governor by proclamation issued on January
20, 2011, pursuant to the California Constitution.
(16) This bill would declare that it is to take immediate effect as an
urgency statute and a bill providing for appropriations related to the
Budget Bill.
This bill would express the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2011.
Vote: majority 2⁄3. Appropriation: no yes. Fiscal committee: no
yes. State-mandated local program: no.
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1 (c) If there is a conflict between this section and any other law
2 or enactment, this section shall control.
3 (d) This section shall remain in effect until July 1, 2014, and as
4 of that date is repealed.
5 SEC. 6. Section 12716 of the Government Code is amended to
6 read:
7 12716. (a) Each county that administers grants from the Indian
8 Gaming Special Distribution Fund shall provide an annual report
9 to the Chairperson of the Joint Legislative Budget Committee, the
10 chairpersons of the Senate and Assembly committees on
11 governmental organization, and the California Gambling Control
12 Commission by October 1 of each year detailing the specific
13 projects funded by all grants in the county’s jurisdiction in the
14 previous fiscal year, including amounts expended in that fiscal
15 year, but funded from appropriations in prior fiscal years. The
16 report shall provide detailed information on the following:
17 (1) The amount of grant funds received by the county.
18 (2) A description of each project that is funded.
19 (3) A description of how each project mitigates the impact of
20 tribal gaming.
21 (4) The total expenditures for each project.
22 (5) All administrative costs related to each project, excluding
23 the county’s administrative fee.
24 (6) The funds remaining at the end of the fiscal year for each
25 project.
26 (7) An explanation regarding how any remaining funds will be
27 spent for each project, including the estimated time for expenditure.
28 (8) A description of whether each project is funded once or on
29 a continuing basis.
30 (b) A county that does not provide an annual report pursuant to
31 subdivision (a) shall not be eligible for funding from the Indian
32 Gaming Special Distribution Fund for the following year.
33 (c) For the 2009–10 fiscal year, the Controller may allocate
34 funding to a county that submits the annual report required
35 pursuant to subdivision (a) after the October 1 deadline, but prior
36 to July 1, 2011.
37 (d) This section shall remain in effect only until January 1, 2012,
38 and as of that date is repealed, unless a later enacted statute, that
39 is enacted before January 1, 2012, deletes or extends that date.
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1 (2) One dollar ($1) for all land, other than prime agricultural
2 land, which is devoted to open-space uses of statewide significance,
3 as defined in Section 16143.
4 (b) The amount per acre in paragraph (1) of subdivision (a) may
5 be increased by the Secretary of the Natural Resources Agency to
6 a figure which would offset any savings due to a more restrictive
7 determination by the secretary as to what land is devoted to
8 open-space use of statewide significance.
9 (c) The amount per acre in subdivision (a) shall only be paid
10 for 10 years from the date that the land was first assessed pursuant
11 to Section 426 of the Revenue and Taxation Code, if it was
12 previously assessed under Section 423.4 of that code.
13 (d) Notwithstanding any other provision of law, for the 2008–09
14 fiscal year and each fiscal year thereafter, the Controller shall
15 reduce, by 10 percent, any payment made pursuant to this section.
16 (e) (1) Effective January 1, 2011, if the payment pursuant to
17 this section for the previous fiscal year is less than one-half of the
18 participating county’s actual foregone general fund property tax
19 revenue, the county may make a determination to implement
20 subdivision (b) of Section 51244 and Section 51244.3. The
21 implementation of these sections shall be suspended for any
22 subsequent fiscal year in which the payment for the previous fiscal
23 year exceeds one-half of the foregone general fund property tax
24 revenue.
25 For purposes of this subdivision, a county’s actual foregone
26 property tax revenue shall be based on the county’s respective
27 share of the general property tax dollars as reflected in the most
28 recent annual report issued by the State Board of Equalization or
29 20 percent, whichever is higher.
30 (2) This subdivision shall remain operative only until January
31 1, 2015.
32 SEC. 9. Section 16142.1 of the Government Code is amended
33 to read:
34 16142.1. (a) In lieu of the payments made pursuant to Section
35 16142, in a county that has adopted farmland security zones
36 pursuant to Section 51296, the Secretary of the Natural Resources
37 Agency shall direct the Controller to pay annually out of the funds
38 appropriated by Section 16140, to each eligible county, city, or
39 city and county, the following amount for each acre of land within
40 its regulatory jurisdiction that is assessed pursuant to Section 423.4
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1 Law 111-5 for all claims, except for reimbursable entities described
2 in Section 3306(c)(7) of the Internal Revenue Code, both of the
3 following apply:
4 (A) The average rate of total unemployment in this state,
5 seasonally adjusted, as determined by the United States Secretary
6 of Labor, for the period consisting of the most recent three months
7 for which data for all states are published before the close of that
8 week, equals or exceeds 6.5 percent.
9 (B) The average rate of total unemployment in this state,
10 seasonally adjusted, as determined by the United States Secretary
11 of Labor, for the three-month period referred to in subparagraph
12 (A) equals or exceeds 110 percent of that average rate of total
13 unemployment for either or both of the corresponding three-month
14 periods ending in the two preceding calendar years.
15 (d) There is an “off” indicator for a week if, for the period
16 consisting of that week, and the 12 weeks immediately preceding
17 the week, none of the criteria specified in subdivision (c) results
18 in an “on” indicator.
19 (e) For purposes of this section, the rate of insured
20 unemployment for a 13-week period shall be determined by
21 reference to the average monthly covered employment for the first
22 four of the most recent six calendar quarters ending before the
23 close of the period.
24 (f) The indicators specified in subdivisions (c) and (d) shall be
25 operative only if mandated or permitted by federal law.
26 (g) Notwithstanding any other provision of this part, the
27 Governor may, if permitted by federal law, suspend the payment
28 of extended duration benefits under this part, to the extent
29 necessary to ensure that otherwise eligible individuals are not
30 denied, in whole or in part, the receipt of emergency unemployment
31 compensation benefits authorized by the federal Supplemental
32 Appropriations Act of 2008 (Public Law 110-252), the
33 Unemployment Compensation Extension Act of 2008 (Public Law
34 110-449), and the American Recovery and Reinvestment Act of
35 2009 (Public Law 111-5), and that the state receives maximum
36 reimbursement from the federal government for the payment of
37 those emergency benefits.
38 (h) Notwithstanding the provisions of subdivision (c), with
39 respect to weeks of unemployment beginning on or after December
40 19, 2010, and continuing until the earlier of the date authorized
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1 (b) of this section, shall be not less than whichever of the following
2 is the least:
3 (1) Fifty percent of the total amount of regular compensation
4 payable to him or her during that benefit year under this division.
5 (2) Thirteen times his or her average weekly benefit amount.
6 (3) Thirty-nine times his or her average weekly benefit amount,
7 reduced by the regular compensation paid to him or her during
8 that benefit year under this division.
9 (b) The amount determined under subdivision (a) of this section
10 shall be reduced by the aggregate amount of additional
11 compensation paid to the individual under Part 3 (commencing
12 with Section 3501) of this division for prior weeks of
13 unemployment in such benefit year which did not begin in an
14 extended benefit period.
15 (c) For purposes of subdivision (a) of this section, an
16 individual’s weekly benefit amount for a week is the amount of
17 regular compensation under Part 1 (commencing with Section 100)
18 of this division payable to such individual for such week of total
19 unemployment.
20 (d) With respect to weeks beginning in a high unemployment
21 period, subdivision (a) shall be applied in accordance with the
22 following percentages:
23 (1) In paragraph (1) of subdivision (a), 80 percent shall be
24 substituted for 50 percent.
25 (2) In paragraph (2) of subdivision (a), 20 times shall be
26 substituted for 13 times.
27 (3) In paragraph (3) of subdivision (a), 46 times shall be
28 substituted for 39 times.
29 (e) For purposes of subdivision (d), “high unemployment period”
30 means a period during which an extended benefit period would be
31 in effect if subparagraph (A) of paragraph (3) of subdivision (c)
32 of Section 4003 were applied by substituting 8 percent for 6.5
33 percent.
34 (f) Where subdivision (h) of Section 4003 is applicable, for
35 purposes of subdivision (d), “high unemployment period” means
36 a period during which an extended benefit period would be in
37 effect if subparagraph (C) of paragraph (1) of subdivision (h) of
38 Section 4003 were applied by substituting 8 percent for 6.5 percent.
39 SEC. 18. Section 14004.5 is added to the Unemployment
40 Insurance Code, to read:
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