BILL NUMBER: SB 77 CHAPTERED
BILL TEXT
CHAPTER 171
FILED WITH SECRETARY OF STATE AUGUST 24, 2007
APPROVED BY GOVERNOR AUGUST 24, 2007
PASSED THE ASSEMBLY JULY 20, 2007
PASSED THE SENATE AUGUST 21, 2007
AMENDED IN ASSEMBLY MAY 21, 2007
INTRODUCED BY Senator Ducheny
JANUARY 17, 2007
An act making appropriations for the support of the government of
the State of California and for several public purposes in accordance
with the provisions of Section 12 of Article IV of the Constitution
of the State of California, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
I object to the following appropriations contained in Senate Bill
77.
Item 0250-001-0001--For support of Judicial Branch. I revise this
item by deleting Provision 5.
I am deleting Provision 5, which would state the Legislature's
intent that the Administrative Office of the Courts (AOC) prioritize
existing resources to provide a $5 increase to the hourly rates paid
to attorneys in the Court Appointed Counsel Program (Program). A
study of the Program's attorney rates is currently underway and is
due to be completed by the end of August 2007. To the extent that the
study justifies rate increases, the AOC has the ability to provide
increases commensurate with the needs as determined by the study.
Item 0250-101-0932--For local assistance, Judicial Branch. I
reduce this item from $3,056,153,000 to $3,035,796,000 by reducing:
(1) 45.10-Support for Operation of the Trial Courts from
$2,632,142,000 to $2,611,785,000;
and by revising Provision 4.
I am reducing this item by $20,357,000, which includes a reduction
of $17,377,000 for funding to support the implementation of the
Omnibus Conservatorship and Guardianship Reform Act of 2006 (Act) and
a reduction of $2,980,000 for one month of savings related to the 50
new trial court judgeships established in 2006-07. It is my
intention for the Judicial Branch to delay implementation of the Act
until the 2008-09 fiscal year. Due to the timing of appointments and
hiring, one month of the funding for new judgeships will not be
necessary in 2007-08. These reductions are necessary in order to
further build a prudent reserve in light of the various uncertainties
in revenues and spending that we face this year.
I am revising Provision 4, which would require the Judicial
Council to allocate not less than $5,250,000 for court interpreter
pay increases and other recruiting and retention incentives.
Requiring the Judicial Council to allocate funds for court
interpreter recruiting and retention incentives would alter the
collective bargaining process by shifting the focus from the actual
need for pay increases and other recruiting and retention measures,
as negotiated through the normal process, to the minimum level of
funding allocated.
Provision 4 is revised as follows:
"The funds appropriated in Schedule (4) shall be for payments for
services of contractual court interpreters, and certified and
registered court interpreters employed by the courts, and the
following court interpreter coordinators: 1.0 each in counties of the
1st through the 15th classes, 0.5 each in counties of the 16th
through the 31st classes, and 0.25 each in counties of the 32nd
through the 58th classes. For the purposes of this provision, "court
interpreter coordinators" may be full- or part-time court employees,
or those contracted by the court to perform these services.
The Judicial Council shall set statewide or regional rates and
policies for payment of court interpreters, not to exceed the rate
paid to certified interpreters in the federal court system.
The Legislature finds and declares that there exists a shortage in
the availability of certified and registered interpreters in the
state courts that reduces the state's ability to provide meaningful
access to justice for all court users, including parties, witnesses,
and victims. Therefore, every effort must be made to recruit and
retain qualified interpreters to work in the state courts.
Of the amount appropriated in Schedule (4), not less than
five million dollars ($5,000,000), not including funds provided
pursuant to Section 77202 of the Government Code, shall be provided
to the trial courts for the purpose of adjusting or creating pay
ranges for court interpreter employees that, at the top of the range,
do not exceed the top step of the full performance range for staff
interpreters in the Federal Courts as of the effective date of this
provision. The establishment of pay ranges and their application to
specific employee classifications shall be subject to meet and confer
in good faith as provided in Chapter 7.5 (commencing with Section
71800) of Title 8 of the Government Code. The Judicial Council shall
adjust statewide or regional rates for contract court interpreters in
a manner that is equivalent to the average rate of increase provided
to court interpreter employees. The Judicial Council shall notify
the courts in each region of the availability of these funds for the
purposes set forth in this provision, and shall allocate the funds
upon notification that ranges and salary adjustments have been
established and implemented as provided herein. In no event shall the
daily rate set by the Judicial Council for contract interpreters
exceed the equivalent median wage of court interpreters employed by
the courts in each region.
Of the amount appropriated in Schedule (4), the Judicial
Council shall allocate not less than two hundred fifty thousand
dollars ($250,000) to develop and make available to trial courts,
interpreter training and recruitment programs including, but not
limited to: 1) training programs designed for working interpreters
who are subject to new certification exams in Russian, Western
Armenian, Mandarin, Cambodian and Punjabi; 2) certification exam
preparation courses for all languages subject to state certification
exams; and 3) development of mentoring and internship programs in the
trial courts for exam candidates attending educational institutions
that train legal interpreters, subject to meet and confer in good
faith as provided in Chapter 7.5 (commencing with Section 71800) of
Title 8 of the Government Code. The Judicial Council shall
adopt appropriate rules and procedures for the administration of
these funds. The Judicial Council shall report to the Legislature and
Director of Finance annually regarding expenditures from this
schedule , which shall also include a report of expenditures
for; equivalent work days of, non-certified and non-registered
contract interpreters that provide interpretation services in the
state trial courts; and number of interpreter vacancies filled
."
Item 0250-111-0001--For local assistance, Judicial Branch. I
reduce this item from $1,813,729,000 to $1,793,372,000.
I am reducing this item by $20,357,000 to conform with the action
taken in Item 0250-101-0932.
Item 0530-001-9732--For support of Secretary of Health and Human
Services Agency. I reduce this item from $182,976,000 to $177,841,000
by reducing:
(1) 30-Office of Systems Integration from $182,976,000 to
$177,841,000.
This reduction conforms to the action taken in Item 5180-151-0001.
Item 0540-492--Reappropriation, Secretary for Resources. I revise
this item by deleting Schedule 1.
"Notwithstanding any other provision of law, the period to
liquidate encumbrances of the following citations is extended to June
30, 2008:
0001-General Fund
(1) Item
0540-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999), as
reappropriated by Item 0540-492, Budget Act of 2002 (Ch. 379, Stats.
2002), Item 0540-490, Budget Acts of 2003 (Ch. 157, Stats. 2003),
2005 (Chs. 38 and 39, Stats. 2005), and 2006 (Chs. 47 and 48, Stats.
2006), and Item 0540-491, Budget Act of 2004 (Ch. 208, Stats. 2004)
(2) Item 0540-101-0001, Budget Act of 2000 (Ch. 52, Stats. 2000),
as reappropriated by Item 0540-490, Budget Acts of 2003 (Ch. 157,
Stats. 2003), 2005 (Chs. 38 and 39, Stats. 2005), and 2006 (Chs. 47
and 48, Stats. 2006) and Item 0540-491, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(3) Item 0540-101-0001, Budget Act of 2001 (Ch. 106, Stats. 2001),
as reappropriated by Item 0540-491, Budget Act of 2004 (Ch. 208,
Stats. 2004), and Item 0540-490, Budget Acts of 2005 (Chs. 38 and 39,
Stats. 2005) and 2006 (Chs. 47 and 48, Stats. 2006)"
I am eliminating the expenditure availability for two projects
funded from the Coastal Resources Grant program. Funds for these
projects have been available since 1999 and no funds have been
expended on either project as required by the grant agreements.
Several obstacles remain, making progress on these projects unlikely
in the near future. Consequently, it would not be prudent to continue
earmarking General Fund for these projects. This action will result
in $577,500 of General Fund savings.
Item 0552-001-0001--For support of the Office of the Inspector
General. I reduce this item from $19,265,000 to $18,306,000 by
reducing:
(1) 10-Office of Inspector General from $19,265,000 to
$18,306,000,
and by deleting Provision 1.
I am deleting the $959,000 augmentation for the Office of the
Inspector General (OIG) to implement their review of all candidates
for superintendent in Division of Juvenile Justice facilities.
Superintendent review was mandated by Chapter 709, Statutes of 2006
(AB 971). While I believe these activities are important, I am
directing the OIG to delay implementation of this measure in order to
further build a prudent reserve in light of the various
uncertainties in revenues and spending that we face this year.
Provision 1 would require the OIG to complete a study of custody
resources within the California Department of Corrections and
Rehabilitation's (CDCR) budget related to the transfer of various
medical guarding and transportation positions within the CDCR. I am
concerned about the large number of programs being created and
expanded within the OIG. The Budget includes additional resources for
audits and investigations, auditing the budget of the California
Prison Receivership, monitoring compliance with court orders in the
Armstrong case, and chairing the California Rehabilitation Oversight
Board created by Chapter 7, Statutes of 2007 (AB 900). Because of the
increased workload requirements within their programmatic expansions
and responsibilities, the OIG will not be able to complete this
study. However, I am directing the CDCR's reactivated Program Support
Unit, whose historical responsibilities have included studying and
making recommendations on custody staffing levels within the CDCR, to
conduct this study.
Item 0690-002-0001--For Support of Office of Emergency Services. I
delete Provision 4.
I am deleting Provision 4, which specifies that the duties and
responsibilities of the State Anti-Gang Coordinator will be subject
to additional definition in legislation. However, I will continue to
work with the Legislature to further define the role of the
Coordinator to assist state and local agencies in combating gang
violence.
Item 0690-102-0214--For local assistance, Office of Emergency
Services. I delete Provision 1.
I am deleting Provision 1, which specifies that funds for grants
to cities and community-based organizations are for gang prevention,
intervention, reentry, education, job training and skills
development, and family and community services. In addition, the
language in Provision 1 specifies that none of the funds can be used
for law enforcement suppression activities or front-line police
services.
While prevention and intervention are necessary components of a
comprehensive anti-gang strategy, so is suppression. Therefore, I am
vetoing Provision 1 and directing the State Anti-Gang Coordinator to
draft and provide cities with grant instructions specifying that
suppression activities are an allowable use of the funds, along with
the other activities listed in Provision 1.
Item 0820-001-0001--For support of Department of Justice. I revise
this item from $404,237,000 to $403,237,000, by reducing:
(8) 45-Public Rights from $92,478,000 to $89,312,000;
(15) Amount payable from Hazardous Waste Control Account (Item
0820-001-0014) from -$1,973,000 to -$987,000;
(26) Amount payable from the Toxic Substances Control Account
(Item 0820-001-0557) -$2,361,000 to -$1,181,000;
and by deleting Provision 12.
I am deleting the $1,000,000 legislative augmentation that would
have provided funding for the Department of Justice (DOJ) to
independently pursue climate change litigation as the plaintiff on
behalf of the state. In the area of law related to climate change,
the Air Resources Board (ARB) is the state agency with the
responsibility to oversee litigation in that arena and has the funds
to request the DOJ to pursue such litigation.
I am deleting Provision 12 to conform to this action.
I am reducing the Environmental Law Section's appropriations from
the Hazardous Waste Control Account and the Toxic Substances Control
Account by a total of $2,166,000 to reflect half-year funding for the
program, and I urge the Legislature to pass legislation that
redirects these funds to the California Environmental Protection
Agency's (Cal/EPA) and the Department of Toxic Substances Control's
(DTSC) green chemistry initiative and returns the litigation
oversight role in hazardous waste cases to Cal/EPA and DTSC. DTSC is
increasingly turning to our local government partners and district
attorneys to enforce California's hazardous waste laws. In addition,
Cal/EPA and DTSC are developing a green chemistry initiative that
will change the paradigm of toxic and chemical use and enforcement in
California. The combination of these activities will improve our
environment and human health through greater enforcement of current
hazardous waste laws and usher in a new future to the approach of
chemical use in California. In addition, when developing the 2008-09
Budget, we will review the litigation needs in this area and budget
the necessary funds for legal services within DTSC's budget.
I am sustaining the $541,000 legislative augmentation for the
first year of a multi-year project to update the DOJ Automated
Firearms Systems database. However, I am concerned that there has
been no review done to ensure the information technology solution
addresses the program needs. In addition, I am concerned that
competing demands for the Dealers' Record of Sale Special Account
funds could necessitate an increase in fees on the sale of firearms.
Therefore, in addition to having an approved feasibility study report
prior to expending any funds, I am also requesting the DOJ to
provide the Department of Finance and the Legislature with a
long-term analysis of the fund, including any known pressures on that
fund, to ensure that there are sufficient resources to cover the
program costs without necessitating a fee increase.
Item 0820-001-0014--For support of Department of Justice. I reduce
this item from $1,973,000 to $987,000.
I am revising this item to conform to the action I have taken in
Item 0820-001-0001.
Item 0820-001-0557--For support of Department of Justice. I reduce
this item from $2,361,000 to $1,181,000.
I am revising this item to conform to the action I have taken in
Item 0820-001-0001.
Item 0855-101-0367--For local assistance, California Gambling
Control Commission. I reduce this item from $30,283,000 to $283,000
and delete Provision 1.
I am deleting the $30,000,000 for grants to local government
agencies to mitigate the impacts on the local governments by tribal
casinos. As evidenced in a recent Bureau of State Audits report,
there is great concern regarding whether these funds are being used
solely for their intended purpose, which is to mitigate the impacts
of having tribal casinos in their communities. I will support
legislation that includes an appropriation for mitigation funds if
the process is reformed.
I am deleting Provision 1 to conform to this action.
With this reduction, there still remains $283,000 for payment to
Del Norte County which reflects local mitigation grant funding not
received by Del Norte County from the Indian Gaming Special
Distribution Fund in fiscal years 2003-04, 2004-05, and 2005-06.
Item 0860-001-0001--For support of State Board of Equalization. I
reduce this item from $218,835,000 to $218,435,000 by reducing:
(2) 300000-Operating Expense and Equipment from $96,269,000 to
$95,869,000,
and by deleting Provision 3.
I am deleting this legislative augmentation of $400,000 for a
county assessor pilot program designed to promote taxpayer awareness
of the requirement to pay use tax on non-exempt purchases if sales
tax has not been paid. This reduction is necessary to limit program
expansions and provide for a prudent General Fund reserve in light of
the various uncertainties in revenues and spending that we face this
year.
Item 0890-001-0001--For support of Secretary of State. I reduce
this item from $48,157,500 to $47,822,000 by reducing:
(2) 20-Elections from $46,933,500 to $46,598,000.
I am deleting the $335,500 legislative augmentation for 4.0
positions which would provide staffing to expand voter outreach and
education efforts to support the three elections scheduled for 2008.
During a time of limited General Fund resources, the counties,
political parties, and civic organizations must step up and encourage
and promote increased voter participation.
Item 3110-101-0001--For local assistance, Special Resources
Program. I delete this item and Provision 1.
I am deleting the $200,000 legislative augmentation for the Tahoe
Regional Planning Agency for regulation enforcement and transit
system development. It is premature to provide additional funding
until the bi-state commission completes its report. With these
reductions, $3,800,000 still remains to provide California's share of
funding for the Tahoe Regional Planning Agency.
I am deleting Provision 1 to conform to this action.
Item 3340-101-6051--For local assistance, California Conservation
Corps. I delete this item.
I am deleting the $12,000,000 legislative augmentation that would
provide $1,000,000 to each of the 12 certified Local Conservation
Corps. Notwithstanding the merit of the Local Corps programs, the
California Conservation Corps is still in the process of developing
grant guidelines for Proposition 84 bond funds. Furthermore, a recent
audit of Proposition 12 and 40 bond funds identified a need for the
Corps to improve its oversight of bond expenditures. The audit
recommended that the Corps develop a corrective action plan prior to
receiving additional bond funds. Therefore, it is necessary to delete
this funding to ensure that bond proceeds are spent efficiently,
effectively, and in a manner consistent with my Executive Order
S-02-07 regarding bond accountability. I support funding for the
Local Corps grant program when the grant guidelines and a corrective
action plan that identifies appropriate oversight measures are in
place.
Item 3360-001-0465--For Support, State Energy Resources
Conservation and Development Commission. I revise this item by
reducing:
(1) 30-Development from $128,807,000 to $127,841,000, and
(6) Reimbursements from -$6,711,000 to -$5,745,000.
I am eliminating a fund shift of $966,000 from the Energy
Resources Programs Account to reimbursements for the support of two
contracts. Funding for these contracts was included in the budget of
the Energy Commission (Commission) when I introduced the Governor's
Budget last January. However, the Legislature removed the funds from
the Commission's budget, placed them in the budget of the Air
Resources Board, and indicated that the Commission may seek the funds
by contracting with the Air Resources Board. This would have the
effect of requiring both the Commission and the Air Board to engage
in unnecessary work that would delay these important projects, and as
such is unacceptable.
Item 3600-001-0001--For support of Department of Fish and Game. I
reduce this item from $84,503,000 to $82,998,000 by reducing:
(3) 30-Management of Department Lands and Facilities from
$54,180,000 to $53,342,000;
(4) 40-Enforcement from $61,705,000 to $60,200,000; and
(22) Amount payable from the Coastal Wetlands Account (Item
3600-001-3104) from -$974,000 to -$136,000.
I am reducing the $3,000,000 legislative augmentation for Fish and
Game Warden recruitment and retention by $1,505,000. Last year, for
the first time in several years, I increased salaries by 25 percent
during the three years of the bargaining agreement. I am sustaining
$1,495,000 to provide overtime funding for wardens and lieutenants,
which continues my commitment to address compensation issues.
However, this partial veto is necessary in order to further build a
prudent reserve in light of the various uncertainties in revenues and
spending that we face this year.
I am also revising this item to conform to the actions I have
taken in Item 3600-001-3104.
Item 3600-001-3104--For support of Department of Fish and Game. I
reduce this item from $974,000 to $136,000.
I am deleting the $838,000 legislative augmentation for the
maintenance and management of Department of Fish and Game coastal
wetlands properties. Last year, I sustained a $5,000,000 transfer
from the General Fund to the Coastal Wetlands Account to create an
endowment to provide ongoing, sustainable funding for coastal
wetlands management activities. This augmentation, if sustained for
2007-08 and continued in future years, would spend down the endowment
in approximately six years, and place additional cost pressure on
the General Fund at that time. With this reduction, $1,400,000
million and 18.1 positions remain for coastal wetlands management.
Item 3720-001-0001--For support of California Coastal Commission.
I reduce this item from $11,881,000 to $11,501,000 by reducing:
(1) 10--Coastal Management Program from $15,909,000 to
$15,529,000.
I am deleting the $380,000 legislative augmentation for coastal
enforcement. The California Coastal Commission has the authority to
adjust its fees, and I am willing to consider augmentations that
address the Commission's workload needs once fees have been adjusted
to cover associated costs. Currently, however, the proposed
augmentation would result in additional General Fund costs. This
reduction is necessary in order to further build a prudent reserve in
light of the various uncertainties in revenues and spending that we
face this year. With this reduction $15,529,000 still remains to
support the Commission's coastal management program.
Item 3780-001-0001--For support of Native American Heritage
Commission. I reduce this item from $970,000 to $770,000 by reducing:
(1) 10--Native American Heritage Commission from $975,000 to
$775,000.
I am deleting the $200,000 legislative augmentation for 2.0
positions to implement legislative mandates. This reduction is
necessary in order to further build a prudent reserve in light of the
various uncertainties in revenues and spending that we face this
year. With this reduction $775,000 remains to support the Native
American Heritage Commission.
Item 3790-301-6051--For capital outlay, Department of Parks and
Recreation. I reduce this item from $60,878,000 to $45,878,000 by
reducing:
(3.7) 90.RS.412-Statewide: State Park System Opportunity and
Inholding Acquisitions--Acquisition from $30,000,000 to $15,000,000.
I am vetoing $15,000,000 of the $25,000,000 augmentation to allow
the Department sufficient resources for opportunity purchases and
inholding acquisitions. The Department expended $324,000,000 between
2000 and 2006 to acquire nearly 100,000 acres to expand the state
park system. Given this recent significant investment, the Department
should proceed cautiously to limit future operating costs.
Item 3790-492--Reappropriation, Department of Parks and
Recreation. I revise this item by deleting Schedule 1.
"Notwithstanding any other provision of law, the period to
liquidate encumbrances in the following citation is extended as cited
below:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Subdivision (b)
of Section 2 of Chapter 1126 of the Statutes of 2002. The
liquidation period for the grant of $3,000,000 to the City of
Oroville is extended to December 31, 2009."
I am eliminating the expenditure availability for this project
funded from the Proposition 40 Historical and Cultural Resources
Preservation Opportunity Grant Program. Funds for this project have
been available for five years and have not yet been spent.
Item 3860-001-0001--For support of Department of Water Resources.
I revise this item by reducing:
(1) 10-Continuing Formulation of the California Water Plan from
$120,292,000 to $116,047,000, and
(29) Amount payable from the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and Coastal Protection Fund of 2006
(Item 3860-001-6051) from -$12,165,000 to -$7,920,000.
I am revising this item to conform to the action taken in Item
3860-001-6051.
Item 3860-001-6051--For support of Department of Water Resources.
I reduce this item from $12,165,000 to $7,920,000.
I am deleting the legislative augmentation of $4,245,000 for
watershed basin planning activities. Although I support this program,
I believe that these activities should be funded through Proposition
84 funds available for the development of regional and local land
use plans. Statewide water planning activity funds should be reserved
for activities such as planning future water storage, adaptations of
the state's water systems to climate change, and other activities
that address the state's future water supply needs.
Item 3860-101-6051--For local assistance, Department of Water
Resources. I reduce this item from $229,340,000 to $219,340,000.
I am deleting the legislative augmentation of $10,000,000 for the
Flood Protection Corridor Program. My proposal includes $24,000,000
Proposition 84 funds for projects to implement Flood Protection
Corridor Program. This funding is sufficient to meet the needs of the
program for the budget year, and I will propose additional funds to
implement Flood Protection Corridor projects in future budgets.
Item 3860-101-6052--For local assistance, Department of Water
Resources. I reduce this item from $197,450,000 to $167,450,000.
I am deleting the legislative augmentation of $30,000,000 for the
Floodway Corridor Program. This augmentation is unnecessary because
criteria have not been developed for this new program created by
Proposition 1E. Thus, it is not feasible for grants to be solicited
and awarded during the fiscal year. The Department of Water Resources
will develop criteria for this program during the fiscal year, and
funds to implement
Floodway Corridor Program projects will be included in future
budgets.
Item 3900-001-0465--For support of State Air Resources Board. I
delete this item.
I am eliminating this item by reducing $966,000 in funding from
the Energy Resources Programs Account. This funding was intended to
support two contracts that were proposed in the budget of the Energy
Commission when I introduced the Governor's Budget last January.
However, the Legislature removed the funds from the Commission's
budget, placed them in the budget of the Air Resources Board, and
indicated that the Commission may seek the funds by contracting with
the Air Resources Board. This would have the effect of requiring both
the Commission and the Air Board to engage in unnecessary work that
would delay these important projects, and as such is unacceptable.
Item 3900-001-6053--For support of State Air Resources Board.
I am sustaining the legislative augmentation of an additional
$96,500,000 provided for school bus replacement and retrofits to
reduce the air pollution emissions of older, high-polluting school
buses. However, I note a concern with respect to the ability of the
State Air Resources Board to allocate almost $200 million in
lower-emission school bus funding within the next two years. It is
important that we do not sacrifice accountability in the interests of
expediency. Therefore, while acknowledging the challenge that the
State Air Resources Board faces in distributing these funds, I am
directing the State Air Resources Board to allocate these funds
expeditiously while ensuring consistency with the accountability
safeguards identified in my Executive Order S-02-07 for the bonds
that were approved by the voters in the November 2006 general
election.
Item 3900-001-6054--For support of State Air Resources Board.
I am sustaining the legislative augmentation of an additional
$139,000,000 provided for trade corridor emissions reductions to be
expended in the budget year for this new program authorized by the
voters in Proposition 1B in the November 2006 general election.
Proposition 1B provides $1 billion to fund projects intended to
improve air quality along four of California's major transportation
corridors: from the Los Angeles ports to the Inland Empire, State
Route 99 in the Central Valley, the San Francisco Bay Area, and the
San Diego border region. The State Air Resources Board will be
developing program guidelines and will solicit project proposals. The
projects to be funded are intended to achieve air quality
improvements above and beyond anything required by current law or
regulation.
The travelers on our busy trade corridors and the individuals who
reside along their routes are demanding relief now--not many years
from now. However, I am concerned about taxing the ability of the
State Air Resources Board to develop program guidelines and allocate
$250,000,000 in the 2007-08 fiscal year. We must ensure effective
expenditure of this bond funding. It is important that we do not
sacrifice accountability in the interests of expediency. Therefore,
while acknowledging the challenge that the State Air Resources Board
faces in distributing these funds, I am directing the State Air
Resources Board to ensure that this funding be allocated consistent
with the accountability safeguards identified in my Executive Order
S-02-07 for all bond funds approved by the voters in the November
2006 general election.
I am requesting the State Air Resources Board to develop program
administrative guidelines that make sense, reduce bureaucratic red
tape, simplify and expedite project application and award procedures,
and ensure projects are completed in record time. The people who
voted for Proposition 1B are demanding this action. I know that my
colleagues in the Legislature agree with these goals, and that the
staff of the State Air Resources Board is up to this challenge.
In addition, because the language adopted by the Legislature
relies heavily on local and regional entities to carry out this
program, I am calling on those entities to work closely with the
State Air Resources Board and ensure they are prepared to submit
applications to receive and allocate funding as soon as possible in
this fiscal year.
Item 4260-001-0001--For support of Department of Health Care
Services. I reduce this item from $136,412,000 to $136,218,000 by
reducing:
(1) 20-Health Care Services from $385,348,000 to $382,971,000;
(6) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 4260-001-0080) from -$198,000 to -$142,000;
(8) Amount payable from the Federal Trust Fund (Item
4260-001-0890) from -$224,133,000 to -$224,036,000;
and by deleting:
(10) Amount payable from the California Discount Prescription Drug
Program Fund (Item 4260-001-8040) (-$2,030,000);
and Provision 4.
I am deleting the $56,000 legislative augmentation to restore 1.0
special funded position that was redirected from the Department of
Health Services (DHS) to the new Department of Health Care Services.
This will ensure the split of the DHS into two departments remains
budget-neutral, consistent with the intent of Chapter 241, Statutes
of 2006 (SB 162). This action is consistent with the deletion of
$744,000 and 11.0 positions in the Department of Public Health.
I am also reducing $56,000 in Item 4260-001-0080 to conform to
this action.
Provision 4 prohibits the Department of Health Care Services from
expending any funds to relocate the Fresno Medi-Cal Field Office. I
am deleting Provision 4 because it interferes with the Executive
Branch's ability to effectively administer programs. Maintaining the
Department's ability to consolidate operations is an important
component of increasing operational efficiencies.
I am deleting $195,000 ($98,000 General Fund and $97,000 Federal
Trust Fund) and 2.0 positions for the implementation of Chapter 328,
Statutes of 2006 (SB 437), which included a pilot program for
self-certification of income at enrollment for Medi-Cal and
development of feasibility study reports to begin implementing
changes to several automated eligibility systems. While I remain
committed to implementation of these reforms, this reduction is
needed to build a prudent reserve in light of the various
uncertainties in revenues and spending that we face this year. I am
directing the Department of Health Care Services to delay
implementation for one year.
In order to further build a prudent reserve, I am deleting
$2,030,000 intended to specifically fund implementation costs for the
California Discount Prescription Drug Program. I am directing the
Department of Health Care Services to identify resources to move
forward with implementation.
I am also deleting Item 4260-001-8040 to conform to this action.
I am deleting $96,000 General Fund intended to fund implementation
costs for the California Rx Prescription Drug Website Program and am
directing the Department of Health Care Services to delay
implementation of the program for one year.
Item 4260-001-0080--For support of Department of Health Care
Services. I reduce this item from $198,000 to $142,000.
I am reducing this item to conform to the action I have taken in
Item 4260-001-0001.
Item 4260-001-0890--For support of Department of Health Care
Services. I reduce this item from $224,133,000 to $224,036,000.
I am reducing this item by $97,000 to conform to the action I have
taken in Item 4260-001-0001, related to the delayed implementation
of Chapter 328, Statutes of 2006 (SB 437).
Item 4260-001-8040--For support of Department of Health Care
Services. I delete this item.
I am deleting this item to conform to the action I have taken in
Item 4260-001-0001 regarding the California Discount Prescription
Drug Program.
Item 4260-006-0001--For transfer by the Controller to the
California Discount Prescription Drug Program Fund. I delete this
item and Provision 1.
I am deleting the $6,330,000 in this item to conform to the
actions I have taken in Items 4260-001-0001, 4260-001-8040, and
4260-119-8040 regarding the California Discount Prescription Drug
Program.
I am also deleting Provision 1 to conform to this action.
Item 4260-101-0001--For local assistance, Department of Health
Care Services. I reduce this item from $14,313,728,000 to
$13,903,340,000 by reducing:
(1) 20.10.010-Eligibility (County Administration) from
$2,660,676,000 to $2,633,842,000;
(3) 20.10.030-Benefits (Medical Care and Services) from
$32,222,681,000 to $31,447,632,000; and
(8) Amount payable from the Federal Trust Fund (Item
4260-101-0890) from -$20,595,964,000 to -$20,204,469,000.
I am deleting the legislative augmentation of $4,260,000
($2,130,000 General Fund and $2,130,000 Federal Trust Fund) for
workstation replacement to conform to the action taken in Item
5180-141-0001.
I am deleting $106,286,000 ($53,143,000 General Fund and
$53,143,000 Federal Trust Fund) of the funding for rates for managed
health care plans in the Medi-Cal Program. This reduction is
necessary to provide for a prudent General Fund reserve in light of
the various uncertainties in revenues and spending that we face this
year. With this reduction, $108,000,000 ($54,000,000 General Fund)
still remains to fund rate increases for plans to ensure adequate
access to care for low-income Californians.
I am reducing the Medi-Cal Program by $644,893,000 ($331,893,000
General Fund and $313,000,000 Federal Trust Fund). This reduction is
necessary to provide for a prudent General Fund reserve in light of
the various uncertainties in revenues and spending that we face this
year. This reduction is based on historical data showing that on
average over the last three fiscal years, Medi-Cal expenditures have
been more than $400 million General Fund lower than the estimate.
I am deleting $26,792,000 ($13,396,000 General Fund and
$13,396,000 Federal Trust Fund) to delay the implementation of
Chapter 328, Statutes of 2006 (SB 437), which included a pilot
program for self-certification of income at enrollment for Medi-Cal
and development of feasibility study reports to begin implementing
changes to several automated eligibility systems. This action will
delay implementation of SB 437 for one year. This reduction is
necessary to provide for a prudent General Fund reserve in light of
the various uncertainties in revenues and spending that we face this
year.
I am reducing the $19,652,000 ($9,826,000 General Fund and
$9,826,000 Federal Trust Fund) in funding for the county grants
portion of the Children's Outreach Initiative. This appropriation
reduction is necessary to provide for a prudent General Fund reserve
in light of the various uncertainties in revenues and spending that
we face this year. With this reduction, $147,020,000 ($64,680,000
General Fund) still remains to fund other components of the Children'
s Outreach Initiative that streamline enrollment processes, improve
retention, and support county-based enrollment efforts for children.
The Department of Health Care Services will pay for any valid county
claims for the Children's Outreach Initiative for the 2006-07 fiscal
year from remaining funds within this item.
Item 4260-101-0890--For local assistance, Department of Health
Care Services.
I reduce this item from $20,595,964,000 to $20,204,469,000.
I am reducing this item by $391,495,000 to conform to the action I
have taken in Item 4260-101-0001.
Item 4260-111-0001--For local assistance, Department of Health
Care Services. I reduce this item from $172,616,000 to $162,616,000
by reducing:
(3) 20.35-Primary and Rural Health from $53,289,000 to
$43,289,000,
and by deleting Provision 3.
I am reducing $10,000,000 General Fund from Expanded Access to
Primary Care (EAPC) in order to help build a prudent reserve in light
of the various uncertainties in revenues and spending that we face
this year. I will seek a subsequent bill this session to fund this
program with Proposition 99 funding and maintain a constant level of
funding in the program.
Provision 3 directs the Department of Health Care Services to work
with various constituency groups to resolve issues with the timely
discharge of patients enrolled in the California Children's Services
Program. This requirement would result in an expenditure increase
without regard to the availability of revenues. Consequently, I am
vetoing this language.
Given the Legislature's interest in this area and the importance
of this program, I am instructing the director of the Department of
Health Care Services to continue the activities of this legislative
request to the extent such activities can be achieved using existing
resources and without impairing the Department of Health Care
Services ability to perform its essential functions.
Item 4260-113-0001--For local assistance, Department of Health
Care Services. I reduce this item from $190,394,000 to $185,171,000
by reducing:
(1) 20.10.010-Eligibility (County Administration) from $20,783,000
to $5,860,000, and
(4) Amount payable from the Federal Trust Fund (Item
4260-113-0890) from -$330,184,000 to -$320,484,000.
I am reducing the $14,923,000 ($5,223,000 General Fund and
$9,700,000 Federal Trust Fund) in funding for the county grants
portion of the Children's Outreach Initiative to conform to the
action I have taken in Item 4260-101-0001. The Department of Health
Care Services will pay for any valid county claims for the Children's
Outreach Initiative for the 2006-07 fiscal year from remaining funds
within this item.
Item 4260-113-0890--For local assistance, Department of Health
Care Services. I reduce this item from $330,184,000 to $320,484,000.
I am reducing this item by $9,700,000 to conform to the action I
have taken in Item 4260-113-0001.
Item 4260-119-8040--For local assistance, Department of Health
Care Services. I delete this item.
I am deleting the $4,300,000 intended specifically to fund local
assistance implementation costs for the California Discount
Prescription Drug Program. This action is necessary to further build
a prudent reserve in light of the various uncertainties in revenues
and spending that we face this year.
Item 4265-001-0001--For support of Department of Public Health. I
reduce this item from $96,897,000 to $95,460,000 by reducing:
(2) 20-Public and Environmental Health from $504,804,000 to
$502,502,000;
(3) 30-Licensing and Certification from $151,366,000 to
$150,935,000;
(6) Reimbursements from $-36,726,000 to $-36,605,000;
(14) Amount payable from the Radiation Control Fund (Item
4265-001-0075) from -$22,620,000 to -$22,402,000;
(16) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 4265-001-0080) from -$9,471,000 to -$9,368,000;
(18) Amount payable from the Clinical Laboratory Improvement Fund
(Item 4265-001-0098) from -$5,571,000 to -$5,517,000;
(24) Amount payable from the Genetic Disease Testing Fund (Item
4265-001-0203) from -$113,633,000 to -$113,577,000;
(31) Amount payable from the Safe Drinking Water Account (Item
4265-001-0306) from -$11,383,000 to -$11,204,000;
(37) Amount payable from the Federal Trust Fund (Item
4265-001-0890) from -$212,090,000 to -$211,956,000;
(41) Amount payable from the Licensing and Certification Trust
Fund (Item 4265-001-3098) from -$84,033,000 to -$83,602,000;
and by deleting Provision 6.
I am reducing the $744,000 legislative augmentation to restore
11.0 special funded positions that were redirected from the
Department of Health Services (DHS) to administrative and managerial
positions in the new Department of Health Care Services and
Department of Public Health. This will ensure the split of the DHS
into two departments remains budget-neutral, consistent with the
intent of Chapter 241, Statutes of 2006 (SB 162). This action is
consistent with the deletion of $56,000 and 1.0 position in the
Department of Health Care Services.
I am also reducing $218,000 in Item 4265-001-0075, $103,000 in
Item 4265-001-0080, $54,000 in Item 4265-001-0098, $56,000 in Item
4265-001-0203, $179,000 in Item 4265-001-0306, and $134,000 in Item
4265-001-0890 to conform to this action.
I am also reducing $1,314,000 and 9.0 positions to reflect a delay
in implementation of the Healthcare Associated Infections Program
under Chapter 526, Statutes of 2006 (SB 739) for one year. This
action is necessary to help build a prudent reserve in light of the
various uncertainties in revenues and spending that we face this
year.
I am also reducing $431,000 and 3.0 positions in Item
4265-001-3098 to conform to this action.
I am reducing $123,000 General Fund and 2.0 positions for the
implementation of Chapter 328, Statutes of 2006 (SB 437), which
required development of feasibility study reports to implement
changes to several automated eligibility systems. I am taking this
action to delay implementation for one year in order to further build
a prudent reserve in light of the various uncertainties in revenues
and spending that we face this year.
I am also deleting Provision 6 which would require the Department
of Public Health to provide an action plan to the Legislature by
November 1, 2007, and addresses temporary management appointment
issues identified by the Bureau of State Audits. This requirement
would result in an expenditure increase without regard to the
availability of revenues. Consequently, I am vetoing this language.
Nevertheless, in recognition of the Legislature's desire to obtain
this information, I am instructing the director of the Department of
Public Health to comply with this legislative request to the extent
compliance can be achieved using existing resources and without
impairing the department's ability to perform its essential
functions.
Item 4265-001-0075--For support of Department of Public Health. I
reduce this item from $22,620,000 to $22,402,000.
I am reducing this item to conform to the action I have taken in
Item 4265-001-0001.
Item 4265-001-0080--For support of Department of Public Health. I
reduce this item from $9,471,000 to $9,368,000.
I am reducing this item to conform to the action I have taken in
Item 4265-001-0001.
Item 4265-001-0098--For support of Department of Public Health. I
reduce this item from $5,571,000 to $5,517,000.
I am reducing this item to conform to the action I have taken in
Item 4265-001-0001.
Item 4265-001-0203--For support of Department of Public Health. I
reduce this item from $113,633,000 to $113,577,000.
I am reducing this item to conform to the action I have taken in
Item 4265-001-0001.
Item 4265-001-0306--For support of Department of Public Health. I
reduce this item from $11,383,000 to $11,204,000.
I am reducing this item to conform to the action I have taken in
Item 4265-001-0001.
Item 4265-001-0890--For support of Department of Public Health. I
reduce this item from $212,090,000 to $211,956,000.
I am reducing this item to conform to the action I have taken in
Item 4265-001-0001.
Item 4265-001-3098--For support of Department of Public Health. I
reduce this item from $84,033,000 to $83,602,000.
I am reducing this item by $431,000 and 3.0 positions to conform
to the action I have taken in Item 4265-001-0001 related to the
Healthcare Associated Infections Program.
Item 4265-111-0001--For support of Department of Public Health. I
reduce this item from $273,999,000 to $265,499,000 by reducing:
(1) 10.10-Emergency Preparedness from $198,220,000 to
$189,720,000.
In order to further build a prudent reserve in light of the
various uncertainties in revenues and spending that we face this
year, I am reducing $8,500,000 from this item on a one-time basis
from the ongoing discretionary funding provided for allocation to
local health departments for local pandemic influenza preparedness
and response planning. Even with this reduction, $10,000,000 remains
to fund local health departments' emergency preparedness activities.
In addition, $8,500,000 remains to provide storage to protect the
state's investment in medical supplies and equipment to address
health care surge capacity needs.
Item 4280-001-0001--For support of Managed Risk Medical Insurance
Board. I reduce this item from $2,516,000 to $2,400,000 by reducing:
(3) 40-Healthy Families Program from $9,495,000 to $9,162,000, and
(9) Amount payable from Federal Trust Fund (Item 4280-001-0890)
from -$7,000,000 to -$6,783,000.
I am reducing $333,000 ($116,000 General Fund and $217,000 Federal
Trust Fund) and 3.0 positions for the implementation of Chapter 328,
Statutes of 2006 (SB 437) which provided for a program to test
self-certification of income at the Annual Eligibility Review for the
Healthy Families Program. I am directing the Managed Risk Medical
Insurance Board to delay implementation for one year to contribute to
a prudent reserve in light of the various uncertainties in revenues
and spending that we face this year.
Item 4280-001-0890--For support of Managed Risk Medical Insurance
Board. I reduce this item from $7,000,000 to $6,783,000.
I am reducing this item by $217,000 to conform to my actions in
4280-001-0001, related to the delayed implementation of Chapter 328,
Statutes of 2006 (SB 437).
Item 4280-101-0890--For local assistance, Managed Risk Medical
Insurance Board.
I reduce this item from $732,337,000 to $729,841,000.
I am reducing this item by $2,496,000 to conform to the action I
have taken in Item 4280-101-0001, related to the delayed
implementation of Chapter 328, Statutes of 2006 (SB 437).
Item 4280-102-0001--For local assistance, Managed Risk Medical
Insurance Board.
I reduce this item from $26,520,000 to $26,240,000 by reducing:
(1) 40-Healthy Families Program from $75,190,000 to $74,396,000,
and
(3) Amount payable from the Federal Trust Fund (Item
4280-102-0890) from -$41,053,000 to -$40,539,000.
I am deleting $794,000 ($280,000 General Fund and $514,000 Federal
Trust Fund) to conform to the action I have taken in Item
4280-001-0001, related to the delayed implementation of Chapter 328,
Statutes of 2006 (SB 437).
Item 4280-102-0890--For local assistance, Managed Risk Medical
Insurance Board. I reduce this item from $41,053,000 to $40,539,000.
I am reducing this item by $514,000 to conform to the action I
have taken in Item 4280-102-0001, related to the delayed
implementation of Chapter 328, Statutes of 2006 (SB 437).
Item 4440-101-0001--For local assistance, Department of Mental
Health. I revise this item from $518,723,000 to $463,873,000 by
reducing:
(1) 10.25-Community Services--Other Treatment from $705,124,000 to
$638,274,000, and
(6) Reimbursements from -$1,132,671,000 to -$1,120,671,000.
I am deleting the $54,850,000 legislative augmentation for the
Integrated Services for Homeless Adults with Serious Mental Illness
Program. While I support the goals of the program, this reduction is
necessary to limit program expansions and to help bring ongoing
expenditures in line with existing resources. To the extent counties
find this program beneficial and cost-effective, it can be
restructured to meet the needs of each county's homeless population
using other county funding sources, such as federal funds,
realignment funds, or Proposition 63 funds.
I am reducing Schedule (6) to eliminate the $12,000,000
legislative augmentation for the 5 percent rate restoration for
mental health managed care. This technical veto is consistent with
the legislative action taken in Item 4440-103-0001.
Item 4700-001-0001--For support of Department of Community
Services and Development. I reduce this item from $250,000 to
$150,000 by reducing:
(1) 47-Naturalization Services from $250,000 to $150,000.
I am deleting the $100,000 legislative augmentation to expand the
Naturalization Services Program. This action is necessary for a
prudent reserve for economic uncertainties. With this reduction,
$3,000,000 still remains to support the Naturalization Services
Program, and to assist legal immigrants in completing their
citizenship application, citizenship testing, and in preparing for
the interview. In addition, similar services are provided by the
California Department of Education, such as instruction in civics and
English.
I am also taking conforming action to reduce Item 4700-101-0001.
Item 4700-101-0001--For local assistance, Department of Community
Services and Development. I reduce this item from $4,750,000 to
$2,850,000 by reducing:
(1) 47-Naturalization Services from $4,750,000 to $2,850,000.
I am reducing this item by $1,900,000 to conform to my action in
Item 4700-001-0001.
Item 5180-001-0001--For support of Department of Social Services.
I reduce this item from $102,904,000 to $102,717,000 by reducing:
(2) 25-Social Services and Licensing from $161,486,000 to
$161,212,000;
(8) Amount payable from the Federal Trust Fund (Item
5180-001-0890) from -$347,576,000 to -$347,489,000;
and by deleting Provision 8.
I am reducing this item by $274,000 ($187,000 General Fund and
$87,000 Federal Trust Fund) for 3.0 positions on a one-time basis.
This funding would have provided resources for the Department of
Social Services to assist in sibling searches within the Adoptions
Program, pursuant to legislation enacted during fiscal year 2006-07.
While I support efforts to remove barriers to sibling reunification
and facilitate the release of information between siblings, I am
delaying implementation of this program for one year in order to
further build a prudent reserve in light of the various uncertainties
in revenues and spending that we face this year. I am reducing Item
5180-151-0001 by $1,046,000 and Item 5180-151-0890 by $794,000 to
conform to this action.
Provision 8 requires the Department of Social Services to display
legal accusations filed by the Department against a provider's
license on the Community Care Licensing public website pages as a
condition to spending set-aside funding of $1,475,000 to implement
its Licensing Reform Automation proposal. I am delaying
implementation of this project for one year, to provide for a prudent
General Fund reserve in light of the various uncertainties in
revenues and spending that we face this year. I am also deleting the
provisional language related to this project funding.
Item 5180-001-0890--For support of Department of Social Services.
I reduce this item from $347,576,000 to $347,489,000 and delete
Provision 4.
I am reducing this item to conform to the action I have taken in
Item 5180-001-0001 related to sibling searches within the Adoptions
Program.
I am deleting Provision 4 to conform to the action I have taken in
Item 5180-001-0001 related to licensing reform automation costs.
Item
5180-151-0890--For local assistance, Department of Social Services. I
reduce this item from $1,222,557,000 to $1,218,641,000.
I am reducing this item to conform to the actions I have taken in
Item 5180-151-0001 related to workstation replacement, sibling
searches within the Adoptions Program, and foster youth identify
theft.
Item 5180-153-0001--For local assistance, Department of Social
Services. I revise this item by deleting Provision 2.
Provision 2 requires the Department of Social Services to
collaborate with stakeholders to develop the timeline, components,
and execution of the evaluation of the Title IV-E Waiver. This
requirement would result in an expenditure increase without regard to
the availability of revenues. Consequently, I am vetoing this
language. Nevertheless, I am directing the Department to work with
stakeholders to facilitate the successful implementation of the Title
IV-E Waiver, which allows participating counties flexibility in
using federal Title IV-E foster care funds for direct services and
supports.
Item 5225-001-0001--For support of the California Department of
Corrections and Rehabilitation. I reduce this Item from
$6,980,353,000 to $6,958,609,000 by reducing:
(1) 10-Corrections and Rehabilitation Administration from
$376,992,000 to $369,580,000;
(4) 20-Juvenile Operations from $183,097,300 to $181,168,300;
(8) 25-Adult Corrections and Rehabilitation Operations from
$4,904,883,000 to $4,892,480,000;
and by revising Provisions 10 and 16 and deleting Provisions 8,
11, and 19.
I am reducing funds for the second phase of the Consolidated
Information Technology Infrastructure Project by $4,408,000 and
eliminating the $3,004,000 augmentation for the Division of Juvenile
Justice Infrastructure Migration Project. In addition, I am reducing
the augmentation provided for facility maintenance and special repair
projects by $10,000,000 and eliminating $4,332,000 for equipment
replacement. These reductions are necessary in order to further build
a prudent reserve in light of the various uncertainties in revenues
and spending that we face this year. I am revising Provisions 10 and
16 to conform to these actions as follows:
"10. In implementing the Consolidated Information Technology
Infrastructure Project (CITIP), the department shall, when possible,
give first priority to data drops for business services and
rehabilitative programming. Of the funds appropriated in
this item, $4,408,000 may not be expended sooner than 30 days after
the department provides a report to the Joint Legislative Budget
Committee certifying that CITIP design and engineering work has been
completed at 12 institutions. This report shall also identify the
revised cost estimates to implement the CITIP at these 12
institutions as compared to the original estimated costs. The report
shall also identify the reasons for any differences between the
original and revised estimates."
"16. Of the funds appropriated in this item, $698,514,000
$679,774,000 is available for expenditure only
for the purposes identified below. Any unexpended funds shall revert
to the General Fund.
(a) Facility Maintenance Funding: $46,000,000
$36,000,000
(b) Coleman v. Schwarzenegger, Administrative Segregation Unit
Mental Health Cells Modification: $3,550,000
(c) Coleman v. Schwarzenegger, Administrative Segregation Intake
Cells: $13,203,000
(d) Coleman v. Schwarzenegger, Salary Enhancements: $13,108,000
(e) Plata v. Schwarzenegger: Salary Enhancements: $1,521,000
(f) Coleman v. Schwarzenegger, CMF Acute Cells Modification:
$1,075,000
(g) Coleman v. Schwarzenegger: Reception Center Enhanced
Outpatient Program: $2,916,000
(h) Perez v. Tilton, Comprehensive Inmate Dental Services Program:
$8,477,000
(i) Farrell v. Tilton, Safety and Welfare Remedial Plan:
$66,747,000
(j) Farrell v. Tilton, Mental Health Remedial Plan: $25,145,000
(k) Implementation of Revised Program Guide for Mental Health
Services Delivery System (Ch. 511, Stats. 2006): $8,706,000
(l) Sex Offender Management Funding: $113,327,000
(m) Reducing Recidivism Strategies: $90,136,000
(1) The department is authorized to make changes to the Reducing
Recidivism Strategies supported by this subdivision not sooner than
15 days after notifying the fiscal committees of both houses of the
Legislature of any proposed changes.
(n) Basic Correctional Officer Academy: $61,105,000
(o) Records Staffing and Automation: $7,759,000
(p) Garrison Johnson v. California, Racial Integration: $1,214,000
(q) Coleman v. Schwarzenegger, Court Order Compliance: $2,325,000
(r) Comprehensive Health Care Recruitment: $3,928,000
(s) Life Prisoner Parole Hearing Staffing: $6,646,000
(t) Farrell v. Tilton Healthcare Remedial Plan: $9,064,000
(u) Farrell v. Tilton, Consent Decree: $1,327,000
(v) Strategic Offender Management System: $3,611,000
(w) Consolidated Information Technology Infrastructure Project:
$118,466,000 $114,058,000
(x) Teacher Pay Parity: $13,868,000
(y) Equipment
Funding: $4,332,000
(z) Mandatory Aftercare/Drug Treatment Furlough: $65,615,000
(aa) Valdivia Case Records: $3,344,000
(bb) Perez v. Tilton, Salary Enhancements: $1,999,000"
I am deleting Provision 8, which would require the Department to
pass along a portion of its 2.7-percent price increase to public
community correctional facilities under contract with the Department.
The Budget no longer contains funding for a price increase for the
Department. Therefore, this language is unnecessary.
I am deleting Provision 11, which would allow the Department to
submit a staffing plan to conduct background investigations and would
preclude the use of sworn staff from being utilized. The Department'
s use of sworn staff to conduct background investigations has
improved the processing time that it takes to conduct a background
investigation as compared to non-sworn staff previously used. Because
sworn staff have proved to be more effective than non-sworn
classifications, and due to the need to aggressively fill the
Department's vacant Correctional Officer positions, this provision
would prevent the Department from managing their hiring process in a
manner that allows Correctional Officer vacancies to be filled in the
most effective way possible.
I am deleting Provision 19, which would require the Department to
submit a plan for staffing and organizational changes in the Office
of Facilities Management and other departmental units to deliver
capital outlay projects, including those authorized by Chapter 7,
Statutes of 2007 (AB 900). This reporting requirement would result in
an expenditure increase without regard to the availability of
revenues. Consequently, I am vetoing this language. Nevertheless, in
recognition of the Legislature's desire to obtain this information,
it will be addressed as though the request had been included in
Supplemental Report Language. Therefore, I am instructing the
Secretary of the Department of Corrections and Rehabilitation to
comply with this legislative request for this report to the extent
compliance can be achieved using existing resources and without
impairing the Department's ability to perform its essential
functions.
Item 5225-002-0001--For support of Department of Corrections and
Rehabilitation. I reduce this Item from $2,126,132,000 to
$2,124,612,000 by reducing:
(4.2) 50.20-Dental Services-Adult from $103,292,000 to
$103,129,000;
(4.3) 50.30-Mental Health Services-Adult from $303,093,000 to
$302,930,000; and
(4.5) 50.50-Dental and Mental Health Services Administration-Adult
from $59,283,000 to $58,089,000.
I am deleting the $1,520,000 legislative augmentation to support
positions to improve hiring efforts within the California Department
of Corrections and Rehabilitation's (CDCR) Dental and Mental Health
programs. While I am supportive of these activities, my budget
proposed to fund these limited-term positions using the salary
savings available from the vacancies within CDCR's Dental and Mental
Health programs.
I expect that the recruitment efforts of the Department of
Personnel Administration, the salary increases provided to dental and
mental health classifications, and the hiring efforts of the CDCR
will greatly improve the CDCR's ability to fill the vacancies within
these programs. As such, I recognize that funding these positions
through salary savings is only a short-term solution and it may be
necessary to provide additional funding to support these efforts in
the future.
Item 5225-301-0001--For capital outlay, Department of Corrections
and Rehabilitation.
I am sustaining Provision 7, which requires the department to
report to the Joint Legislative Budget Committee with an update to
the facility master plan for juvenile facilities. This report will
identify how the projects funded in the 2007-08 Budget implement the
master plan. While the department is committed to completing this
valuable plan and has every intention of providing the data, it will
be unable to meet the October 31, 2007 deadline provided therein
because of the necessary time constraints associated with compiling
the level of detail as required by this report. I am directing the
department to prepare and deliver the required report by February 29,
2008.
Item 5225-301-0660--For capital outlay, Department of Corrections
and Rehabilitation. I reduce this item from $119,752,000 to
$107,367,000 by deleting:
(5.1) 61.23.004-California State Prison, Corcoran: Wastewater
Treatment Plant Improvements--Construction ($5,944,000), and
(5.2) 61.30.004-Centinela State Prison, Imperial: Wastewater
Treatment Plant Upgrades--Construction ($6,441,000).
I am deleting these two wastewater treatment plant projects from
this item because they cannot be funded with lease revenue bond
financing, I am directing the Department of Corrections and
Rehabilitation to fund both projects from the $300,000,000 General
Fund appropriation contained in Chapter 7, Statutes of 2007 (AB 900)
for infrastructure improvements at existing prisons. Should this
action result in additional funding needs in order to complete the
infrastructure work at the various existing institutions, I expect
that the Legislature will be supportive of future funding requests.
Item 6110-001-0001--For support of Department of Education. I
reduce this item from $47,380,000 to $47,127,000 by reducing:
(1) 10-Instruction from $62,022,000 to $60,422,000;
(2) 20-Instructional Support from $103,209,000 to $99,833,000; and
(9) Amount payable from Federal Trust Fund (Item 6110-001-0890)
from -$163,060,000 to -$158,337,000.
I am deleting the legislative augmentation of $133,000 and 1.0
position to coordinate education programs for incarcerated youth and
support implementation of alternative school programs. This reduction
is necessary to limit program expansion and in order to further
build a prudent reserve in light of the various uncertainties in
revenues and spending that we face this year. Further, the Department
of Education already has existing positions that support alternative
school programs and there is not sufficient workload justification
for this additional position.
I am deleting Provision 28 to conform to this action.
I am deleting the $120,000 legislative augmentation to support
implementation of the English language learner component of the
Mathematics and Reading Professional Development Program. Chapter
524, Statutes of 2006 (SB 472), appropriated $120,000 to the
Department of Education without regard to fiscal year and authorized
the Department to establish one position for this purpose. The
Department has not filled the position and, consequently, the
$120,000 remains available for expenditure. Therefore, it is
unnecessary to provide additional expenditure authority in the budget
year. However, I am sustaining authority for 1.0 limited-term
position for one year to enable the Department to fill the position
in order to conduct one-time activities associated with this program.
I am also revising this item to conform to the actions I have
taken in Item 6110-001-0890.
Item 6110-001-0890--For support of Department of Education. I
reduce this item from $163,060,000 to $158,337,000.
I am reducing a legislative augmentation by $198,000 in federal
Title II funds and 6.0 positions to implement the Compliance,
Monitoring, Interventions, and Sanctions (CMIS) program related to
the highly qualified teacher requirements under the federal No Child
Left Behind Act. The Department of Education did not provide
sufficient workload justification for these positions. Further, the
Legislature rejected the Administration's proposal to shift funding
from federal Title V to Title II for 4.0 professional development
positions, with a priority on meeting the highly qualified teacher
requirements, as Title V will no longer be available to support these
positions. Therefore, I am sustaining $929,000 to support 2.0 new
positions and the 4.0 existing but unfunded positions for the purpose
of assisting school districts to meet the highly qualified teacher
requirements. When combined with the positions that are currently
dedicated for this purpose, the Department will have a total of 8.0
positions for the CMIS program.
I am revising Provision 34 to conform to this action as follows:
"34. Of the funds appropriated in this item, $1,127,000
$929,000 of federal Title II funds is for the
Compliance, Monitoring, Intervention, and Sanctions (CMIS) program.
This program is designed to help school districts meet the highly
qualified teacher requirements specified in the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). By April 1, 2008,
the State Department of Education shall submit a report on the CMIS
program to the budget and policy committees. The report shall
identify (a) the number of school districts that received CMIS
support in the 2007-08 fiscal year, and (b) the major components of
the plans that those districts developed to respond to the federal
highly qualified teacher requirements. For each participating
district, the report also shall provide longitudinal data on the
number and percent of teachers who are and are not highly qualified.
At a minimum, the 2007-08 report shall include finalized data for the
2004-05, 2005-06, and 2006-07 fiscal years, and initial data for the
2007-08 fiscal year. The report shall provide data separately for
high-poverty and low-poverty schools. For comparison, the report
shall provide the same longitudinal data for the statewide average of
all school districts as well as the average for school districts not
receiving CMIS support."
I am reducing this item by $1,600,000 and 4.0 positions to monitor
and provide technical assistance to alternative, county court, and
Division of Juvenile Justice schools serving English learners. An
increase in staff to monitor these schools has not been justified.
Furthermore, monitoring and providing technical assistance for these
schools is an ongoing activity and the use of one-time monies would
be inappropriate. With this veto, these funds will be available to be
distributed to local educational agencies for direct classroom
instruction of English learner students.
I am deleting Provision 37 to conform to this action.
I am technically revising Provision 39 to eliminate references
stipulating that $450,000 of one-time funds is made available for
special education dispute resolution contract "cost-of-living
increases". This program does not receive a cost-of-living
adjustment, but rather receives funding on a workload basis.
Accordingly, the funds will be used for addressing new workload
claims to ensure that the public receives prompt and appropriate due
process for consideration of dispute resolution matters, as required
by law.
I am revising Provision 39 to conform as follows:
"39. Of the funds appropriated in this item, $450,000 is made
available on a one-time basis for the special education dispute
resolution contract for cost-of-living increases .
The State Department of Education, in coordination with the Office
of Administrative Hearings, shall provide quarterly caseload and
expenditure data to the appropriate budget committees of the
Legislature, the Department of Finance, and the Legislative Analyst's
Office by March 1, 2008. The information shall also include updated
budget detail and payment provisions, as shown in Exhibit B of the
interagency agreement."
I am deleting the $150,000 legislative augmentation to provide an
independent evaluation of the special education dispute resolution
services provided by the Office of Administrative Hearings. The
proposal essentially is a request for data, some of which is
duplicative. Instead, I am directing the Office of Administrative
Hearings to provide the remaining data requested using existing
resources, including specified workload and mediator use data, and
efficiency options for the program.
I am deleting Provision 40 to conform to this action.
I am deleting the $1,050,000 legislative augmentation to expand
special education focused monitoring and technical assistance
services in alternative, county court, and Division of Juvenile
Justice schools. This program essentially provides auditing for
compliance with individualized education plans and follow-up for
necessary corrections. I am unable to support this augmentation.
Individualized education plan compliance should already be a part of
the Special Education program not only for alternative schools but in
all educational settings. Students are entitled to receive the
quality services required by law and included in their individual
education plans. This particular funding should be allocated instead
to local grants to fund direct special education instruction.
I am deleting Provision 41 to conform to this action.
I am reducing this item to delete the legislative augmentation of
$125,000 for a study to identify options for improving indicators of
student socioeconomic status. Because the study is vague, I am
concerned that $125,000 augmentation may not be adequate to complete
the study and may lead to future cost pressures to complete or expand
the study. With this veto, these funds will be available to be
distributed to local educational agencies for direct classroom
instruction to improve the academic performance of schools. In lieu
of this funding, I request that the Legislative Analyst's Office
partner with the Department of Finance to explore the issue with
existing resources and staff.
I am deleting Provision 43 to conform to this action.
I am reducing this item by $350,000 and 4.0 positions for
assistance to local educational agencies (LEAs) that are expected to
face federal No Child Left Behind corrective action sanctions. Until
more definitive results from a privately funded pilot project are
available and a resulting plan for expenditure of the local
assistance dollars is fully developed, it is premature to add staff
to support these activities. Further, until the final determination
is made on how to allocate local assistance funding, it is not clear
that it is necessary for the State Department of Education to provide
a higher level of assistance or that additional positions are
needed.
I am deleting Provision 44 to conform to this action.
I am reducing this item to delete the legislative augmentation of
$300,000 intended to support a pilot project that allows schools to
use non-adopted reading language arts materials for English learner
students. The proposed new program would allow the use of
instructional materials that are not aligned to state standards,
which is a concern because all students should have access to
standards-aligned materials. In addition, an alternate $20 million
pilot project is already underway, and that project will be assessing
what educational practices work best for improving the academic
performance of English learners.
I am deleting Provision 46 to conform to this action.
I am deleting the $400,000 legislative augmentation to create an
advisory committee and perform a best practices study that would
assist local education agencies in implementing evidence-based
practices intended to assist students with specific learning
disabilities to improve academically. However, I believe local grants
for direct instruction would be a more prudent and timely use of
this funding.
I am deleting Provision 47 to conform to this action.
I am reducing this item by $500,000 for an evaluation of the
English Learner Best Practices Pilot Program (Pilot) pursuant to the
requirements of Chapter 561, Statutes of 2006 (AB 2117). During last
year's development of Assembly Bill 2117, which established the
Pilot, the understanding was that the evaluation would be funded by a
not-for-profit organization. However, this funding has not
materialized. The legislative augmentation of $1,000,000 for the
evaluation appears to be excessive. Instead, I am sustaining $500,000
of the augmentation which would be consistent with similar
evaluations done in the recent past. I believe the evaluation is an
important component of ensuring that the $20 million Proposition 98
General Fund provided in the Budget Act of 2006 for the Pilot would
produce conclusions that could lead to improvements in English
learner academic performance.
I am revising Provision 48 to conform to this action.
"48. Of the funds appropriated in this item, $1,000,000
$500,000 of one-time federal Title III funds is
available on a one-time basis for five years for an independent
evaluation administered by the State Department of Education pursuant
to the requirements of Chapter 561 of the Statues of 2006."
I am reducing this item by $50,000 for an evaluation to ensure
that local educational agencies (LEAs) are employing methods to
ensure effective and timely oral communication with
non-English-speaking parents. To the extent that this is a problem
for LEAs, they already receive federal funds that can be used for
these purposes. Specifically, the Budget includes over $165 million
in federal Title III funds that can be used for parent outreach
activities such as interpreter services. With this veto, these funds
will be available to be distributed to LEAs for direct classroom
instruction of English learner students.
I am deleting Provision 49 to conform to this action.
Item 6110-123-0001--For local assistance, Department of Education.
I revise Provision 1 of this item.
I am deleting provisional language added by the Legislature that
allocates funds to Intervention Underperforming Schools Program
(II/USP) schools that are still subject to state sanctions and are
working with school assistance and intervention teams (SAITs). The
last cohort of II/USP schools qualified for funding in 2002-03 and
since that time, some schools, even with the assistance of SAITs,
still have not met bare minimum academic benchmarks to improve
student achievement and to exit the program. Consequently, I do not
believe that the state should continue to fund these activities given
the efforts to consolidate state and federal accountability
programs. In addition, I am concerned that the Legislature's shift of
these II/USP costs from another Budget item to this item may create
cost pressures within the II/USP successor program, the High Priority
Schools Grant Program. I continue to support focusing efforts on
improving low-performing schools and request that the State Board of
Education assign the full spectrum of more effective sanction
strategies available under current law to these schools to help them
improve student achievement.
I am revising Provision 1 as follows to conform to this action.
"1. Funds appropriated in Schedule (1) are provided solely for the
purpose of implementing the High Priority Schools Grant Program
pursuant to Article 3.5 (commencing with Section 52055.600) of
Chapter 6.1 of Part 28 of the Education Code. Of these funds,
$10,000,000 or whatever greater or lesser amount is necessary, shall
be available to support schools working with school assistance and
intervention teams or schools subject to state sanctions by the
Superintendent of Public Instruction as part of the High Priority
Schools Grant Program or the Immediate
Intervention/Underperforming Schools Program ."
Item 6110-134-0890--For local assistance, Department of Education.
I reduce this item from $77,900,000 to $70,800,000 by deleting:
(7) 10.30.013-District Assistance and Intervention Teams
($7,100,000),
and by deleting Provision 9.
I am deleting $7,100,000 and setting these funds aside for
appropriation in subsequent legislation. This Legislative
augmentation provided funding for District Assistance and
Intervention Teams (DAITs) to work with local educational agencies
(LEAs) facing sanctions under the federal accountability system. The
augmentation is premature because a privately funded pilot project
and evaluation of the effectiveness of DAITs is underway. Until the
evaluation is completed, or an interim report shows that DAITs are
effective, I cannot support funding for these new activities. I
recognize the problem of a growing number of LEAs and schools
entering federal No Child Left Behind sanctions and note that funding
is set aside in this item, pursuant to subsequent legislation, for
implementation of an effective plan that supports LEAs and schools
and their attempts to improve the academic performance of their
students.
Item 6110-196-0001--For local assistance, Department of Education
(Proposition 98).
I reduce this item from $1,761,366,000 to $1,756,366,000 by
reducing:
(1) 30.10.010-Special Programs, Child Development, Preschool
Education from $418,644,000 to $413,644,000,
and by revising Provision 3 to conform.
I am reducing $5,000,000 from preschool programs and revising
Provision 3 by eliminating language that would expand the authorized
use of these funds to include wrap-around child care for children
participating in any state preschool program. These funds were
provided to continue support of the Pre-Kindergarten Family Literacy
program (PKFL) that was authorized by Chapter 211, Statutes of 2006
(AB 172) by providing ongoing funding for full-day child care for
children participating in the PKFL program (AB 172 utilized one-time
funding to provide this service in 2006-07). I believe that making
these funds available to all preschool programs would undermine the
PKFL program and negatively impact the ability of families to
participate in the program. I am therefore setting these funds aside
for legislation that would
restore the priority for these funds to the PKFL programs.
I am revising Provision 3 to conform to this action as follows:
"3. Of the amount appropriated in Schedule (1), $50,000,000 is
available for pre-Kindergarten and Family Literacy Preschool programs
pursuant to Chapter 211 of the Statutes of 2006. Of the
amount appropriated in Schedule (1), $5,000,000 is available for
wraparound care in order to provide direct child care for children in
the state preschool program for the portion of the day that is not
otherwise covered by services provided as part of the state preschool
program. "
Item 6120-211-0001--For local assistance, California State
Library. I reduce this item from $21,342,000 to $14,342,000 by
reducing:
(1) 20.30-Direct Loan and Interlibrary Loan Programs from
$18,616,000 to $11,616,000.
I am deleting $7,000,000 for Direct Loan and Interlibrary Loan
services. This reduction is necessary in order to further build a
prudent reserve in light of the various uncertainties in revenues and
spending that we face this year.
Item 6120-221-0001--For local assistance, California State
Library, Public Library Foundation Program. I reduce this item from
$22,360,000 to $14,360,000.
I am deleting the discretionary $1,000,000 legislative
augmentation to the Public Library Foundation. This reduction is
necessary to limit program expansions and help bring ongoing General
Fund expenditures in line with existing resources. In addition, I am
deleting $7,000,000 in order to further build a prudent reserve in
light of the various uncertainties in revenues and spending that we
face this year.
Item 6440-001-0001--For support of University of California. I
reduce this item from $3,019,559,000 to $3,016,059,000 by reducing:
(1) Support from $2,936,063,000 to $2,932,563,000,
and by revising Provisions 11,13, and 24 and deleting Provisions
26 and 27.
I am deleting the legislative augmentations for agricultural
research ($1,500,000) and for oceanographic research at the Scripps
Institute of Oceanography ($1,500,000) to limit program expansions
and to help bring ongoing expenditures in line with existing
resources. With these reductions, over $77,000,000 of state and
university funds remains to support agricultural research and over
$9,700,000 of state and university funds remains to support research
at the Scripps Institute of Oceanography.
I am deleting provisions 26 and 27 to conform to these actions.
I am deleting $500,000 for UC-Mexico research, which represents
the amount of funding for the financing of a facility located in
Mexico, in order to further build a prudent reserve in light of the
various uncertainties in revenues and spending that we face this
year. The University of California should use other sources for this
purpose at its discretion.
I am revising Provision 11 to conform as follows:
"11. Notwithstanding Section 3.00, for the term of the
financing, the University of California may use funds appropriated in
Schedule (1) for debt service and costs associated with the
purchase, renovation, and financing of a facility for the UC-Mexico
research and academic programs in Mexico City. The amount to be
financed shall not exceed $7,000,000. The university shall
report to the Legislature by March 15, 2008, on the (a)
amount of funds spent to support the UC-Mexico facility, including
the specific use of these funds, (b) amount of funds spent
to support UC-Mexico research and academic programs, and (c)
different types of research conducted and programs
operated at the UC-Mexico facility."
I am sustaining the legislative augmentation of $19,300,000 for
student academic preparation and education programs. However, the
reporting requirement would result in an expenditure increase without
regard to the availability of revenues. Consequently, I am vetoing
this language. Nevertheless, in recognition of the Legislature's
desire to obtain this information, it will be addressed as though the
request had been included in Supplemental Report language.
Therefore, I am instructing the President of the University of
California to comply with this legislative request for this report to
the extent compliance can be achieved using existing resources and
without impairing the University's ability to perform its essential
functions.
I am revising Provision 24 to conform as follows:
"24. Of the funds appropriated in Schedule (1), $19,300,000 is for
student academic preparation and education programs (SAPEP) and is
to be matched with $12,000,000 from existing university resources,
for a total of $31,300,000 for these programs. The University of
California shall provide a plan to the Department of Finance and the
fiscal committees of each house of the Legislature for expenditure of
both state and university funds for SAPEP by September 1, 2007.
It is the intent of the Legislature that the university
report on the use of state and university funds provided for these
programs, including detailed information on the outcomes and
effectiveness of academic preparation programs consistent with the
accountability framework developed by the university in April 2005.
The report shall be submitted to the fiscal committees of each house
of the Legislature not later than April 1, 2008. "
Finally, I am revising Provision 13 to delete language that
describes a new methodology for determining the marginal cost of each
additional state-supported student in the future. The new formula is
not transparent, is too difficult to either replicate or verify
allowing for potential manipulation in future years, and does not
properly reflect the full mix of new faculty associated with the
system-wide growth in students.
I am revising Provision 13 to conform as follows:
"13. Of the funds appropriated in Schedule (1), $52,930,000 is to
fund 5,000 additional state-supported full-time equivalent students
(FTES) at the University of California, based on a marginal General
Fund cost of $10,586 per additional student. This funding
rate is based on a methodology for determining the marginal cost of
each additional state-supported student, as adopted by the
Legislature for the 2006-07 fiscal year. This methodology calculates
a total marginal cost (including operation and maintenance costs and
faculty costs based on the salaries of recently hired professors) and
then subtracts from this cost the fee revenue the university
anticipates from each additional student (after adjusting for
financial aid), in order to determine the amount of General Fund
support needed from the state. It is the intent of the Legislature
that enrollment growth funding provided to the university in
subsequent fiscal years be based on this specific methodology.
The Legislature expects the University of California to
enroll a total of 198,455 state-supported FTES during the 2007-08
academic year. This enrollment target does not include nonresident
students and students enrolled in non-state-supported summer
programs. The University of California shall report to the
Legislature by March 15, 2008, on whether it has met the 2007-08
enrollment goal. For purposes of this provision, enrollment totals
shall only include state-supported students. If the University of
California does not meet its total state-supported enrollment goal by
at least 250 FTES, the Director of Finance shall revert to the
General Fund by April 1, 2008, the total amount of enrollment funding
associated with the total share of the enrollment goal that was not
met."
Item 6440-305-6048--For capital outlay, University of California.
I am sustaining the $10,000,000 provided for the Life Sciences
Research and Nursing Education Building in this item.
In my efforts to continue to support programs and projects that
will alleviate the nursing shortage California is suffering, I am
sustaining this legislative augmentation for the Charles R. Drew
University of Medicine and Science to build a Life Sciences Research
and Nursing Education Building. However, I note that a number of
issues both legal and programmatically need to be resolved before
funds may be expended. Specifically, there are legal concerns
regarding the use of general obligation bonds for this project and
may require the state to acquire and maintain ownership of the
facility being built. Additionally, the nursing program that will
utilize this facility needs to be fully developed before the scope of
this new facility can be generated. Until these concerns are
resolved, no funds for this project may be expended.
Item 6610-001-0001--For support of California State University. I
revise this item by revising Provision 7.
I am revising Provision 7 to delete language that describes a new
methodology for determining the marginal cost of each additional
state-supported student in the future. The new formula is not
transparent, is too difficult to either replicate or verify allowing
for potential manipulation in future years, and does not properly
reflect the full mix of new faculty associated with the system-wide
growth in students.
I am revising Provision 7 to conform as follows:
"7. Of the amount appropriated in Schedule (1), $64,417,000 is to
fund 8,355 additional state-supported full-time equivalent students
(FTES) at the California State University (CSU), based on a marginal
General Fund cost of $7,710 per additional student. This
funding rate is based on a methodology for determining the marginal
cost of each additional state-supported student, as adopted by the
Legislature for the 2006-07 fiscal year. This methodology calculates
a total marginal cost (including operation and maintenance costs and
faculty costs based on the salaries of recently hired professors) and
then subtracts from this cost the fee revenue the university
anticipates from each additional student (after adjusting for
financial aid), in order to determine the amount of General Fund
support needed from the state. It is the intent of the Legislature
that enrollment growth funding provided to the university in
subsequent fiscal years be based on this specific methodology.
The Legislature expects CSU to enroll a total of 342,553
state-supported FTES during the 2007-08 academic year. This
enrollment target does not include nonresident students and students
enrolled in non-state-supported summer programs. The CSU shall
provide a preliminary report to the Legislature by March 15, 2008,
and a final report by May 1, 2008, on whether it has met the 2007-08
enrollment goal. For purposes of this provision, enrollment totals
shall only include state-supported students. If CSU does not meet its
total state-supported enrollment goal by at least 418 FTES, the
Director of Finance shall revert to the General Fund by May 15, 2008,
the total amount of enrollment funding associated with the total
share of the enrollment goal that was not met."
Item 6870-101-0001--For local assistance, Board of Governors of
the California Community Colleges, Proposition 98. I reduce this item
from $3,906,649,000 to $3,859,753,000 by reducing:
(1) 10.10.010-Apportionments from $3,093,135,000 to
$3,079,349,000;
(2) 10.10.020-Basic Skills and Apprenticeship from $48,339,000 to
$15,229,000;
and by deleting subdivision (c) of Provision 7.
I am reducing Schedule (1) by $13,786,000 and Schedule (2) by
$33,110,000 to delete the legislative augmentations for a noncredit
course rate increase and a basic skills student funding increase,
respectively. However, I am setting these funds aside for legislation
that appropriates these funds for improving outcomes for at-risk
students in a manner more consistent with the priorities of my
proposed Student Success Initiative ($33,110,000) and the remainder
for other more compelling Proposition 98 funding needs.
The Legislature's proposed $13,786,000 augmentation to support a
second consecutive noncredit rate increase is premature and
inconsistent with the agreement reached in last year's compromise on
Chapter 631, Statutes of 2006 (SB 361). As part of that agreement, my
Administration indicated that any future noncredit rate increase
would be subject to improved student outcomes from last year's
initial investment of $30,000,000. To date, no accountability
measures have been developed to evaluate this investment, nor has my
Administration received a comprehensive list of courses and programs
that have been approved by the Chancellor's Office for funding from
the 2006-07 increase. While I cannot sustain this augmentation, the
budget does provide a 4.53-percent COLA, which, when combined with
the ongoing $30,000,000 increase from 2006-07, provides for a
23-percent increase in per student funding for selected noncredit
courses since the 2005-06 fiscal year.
I am deleting Provision 4.6 to conform to this action.
I cannot support the Legislature's $33,110,000 redirection of
funds proposed for my May Revision's Student Success Initiative
because the accompanying control provisions do not contain the
appropriate accountability and distribution mechanisms necessary to
ensure this investment improves student outcomes, particularly for
at-risk students transitioning from high schools. With this
reduction, the community colleges still retain $33,110,000 in unspent
current year funds that carryover for expenditure in the budget year
to address strategies for improving basic skills instruction. My
Administration is prepared to work with the Chancellor's Office to
reinstate the ongoing funding pending agreement on revised
accountability and distribution provisions that address my priority
for improving meaningful outcomes for students transitioning from
high school.
I am deleting subdivision (c) of provision 7 to conform to this
action.
Item 6870-486--Reappropriation, Proposition 98, Board of Governors
of the California Community Colleges. I reduce this item from
$26,668,000 to $21,168,000 by deleting legislative augmentations for
the Part-time Faculty Health Insurance Program in Schedule (4) and
the proposed Construction College Pilot Program in Schedule (6).
I am deleting the one-time augmentation of $4,000,000 from the
Proposition 98 Reversion Account for the Part-time Faculty Health
Insurance Program because this program was established as an
incentive grant program to encourage additional district investments
in benefits for part-time faculty. However, these programs were not
intended to require additional one-time or ongoing contributions from
the state. Given the significant general purpose increases provided
in this Budget for community colleges, I believe that districts have
sufficient resources to provide additional benefits to part-time
faculty at their discretion.
I am also deleting the one-time augmentation of $1,500,000 for a
Construction College pilot program at San Jose City College and
another, unspecified site. While this program may have merit from a
local perspective, significant investments are already proposed for
apprenticeship and pre-apprenticeship programs, as well as
traditional K-12 career path programs including construction
technology, within my anticipated 2007-08 Career Technical Education
Initiative expenditure plan. Additional funding for a
construction-specific program would establish an undesirable
precedent for singling out a local project for funding without
competing for limited resources with other meritorious local
projects. It is also premature to fund this program until other
construction and related program grants can be evaluated.
Item 7980-001-0001--For support of Student Aid Commission. I
reduce this item from $15,449,000 to $15,349,000 by reducing:
(1) 15-Financial Aid Grants Program from $13,886,000 to
$13,786,000,
and by deleting Provision 5.
I am deleting the $100,000 legislative augmentation for one
position for purposes of administering the Public Interest Attorney
Loan Repayment Program to conform to my action on Item 7980-101-0001.
I am deleting Provision 5 to conform to this action.
Item 7980-101-0001--For local assistance, Student Aid Commission.
I reduce this item from $859,814,000 to $857,614,000 by reducing:
(1) 15-Financial Aid Grants Program from $889,950,000 to
$887,750,000,
and by revising Provision 5 and deleting Provision 9.
I am reducing the legislative augmentation for the California
Student Opportunity and Access Program (CalSOAP) by $2,200,000. This
program provides financial aid awareness as well as student academic
preparation and education services to public school students. This
reduction is necessary in order to build a prudent reserve in light
of the various uncertainties in revenues and spending that we face
this year. Additionally, I am concerned that this program's various
student academic support and preparation activities have not been
subjected to a cost-effectiveness analysis in many years. With this
reduction, $6,367,000 still remains for CalSOAP to support financial
aid awareness activities. Further, it is my understanding that the
California Student Aid Commission recently approved $2,200,000 from
the Student Loan Operating Fund for similar financial aid outreach
purposes. Therefore, this augmentation is largely redundant with
planned expenditures.
I am revising Provision 5 to conform to this action:
"5. Of the funds appropriated in Schedule (1), $8,567,000
$6,367,000 is for the California Student
Opportunity and Access Program established pursuant to Article 4
(commencing with Section 69560) of Chapter 2 of Part 42 of the
Education Code and shall be available to provide financial aid
awareness and outreach to students who are preparing to enter, or are
currently enrolled in, college."
Additionally, I am deleting the legislative language augmentation
included in Provision 9 that authorizes 100 new warrants for the
Public Interest Attorney Loan Repayment Program. The authorization of
100 loan assumption warrants would commit the state to out-year
costs in excess of $1,000,000. Furthermore, this program authorizes
warrants for attorneys employed by local government. Thus, in effect,
this augmentation would serve to subsidize local government employee
recruitment and retention with state funds. Therefore, this action
is necessary to limit program expansions.
Item 7100-001-0185--For support of Employment Development
Department. I reduce this item from $79,495,000 to $67,435,000.
I am reducing the $27,060,000 legislative augmentation for the Job
Services Program by $12,060,000. This program provides employment
services in the One-Stop Career Centers, facilitating a match between
employers' needs and job seekers' skills, and while I agree with the
Legislature that some additional resources would benefit job
seekers, I am confident that the $168,000,000 available will be
sufficient in meeting the employment demands of California
communities. Finally, I am directing the Employment Development
Department to minimize the number of positions to be reduced in job
services locations by making reductions in Administration and
facility operations.
I am deleting Provision 4 to conform to this action.
Item 7350-001-0001--For support of Department of Industrial
Relations. I reduce this item from $67,768,000 to $67,383,000 by
reducing:
(6) 50-Division of Labor Standards Enforcement from $49,933,000 to
$49,548,000.
I am deleting $385,000 and 5.0 positions for the Licensing and
Registration Unit provided for recently enacted legislation including
the registration of employers in the car washing and polishing
industry. This reduction is necessary to further build a prudent
reserve in light of the various uncertainties in revenues and
spending that we face this year.
Item 7350-011-0223--For support of Department of Industrial
Relations. I revise this item by deleting Provision 1.
I delete Provision 1, which would require the Department of
Industrial Relations to provide a long-term plan and a detailed
repayment schedule by January 10, 2008, for the California
Occupational Safety and Health Administration, Targeted Inspection
and Consultation Fund loan.
This reporting requirement would result in an expenditure increase
without regard to the availability of revenues. Consequently, I am
vetoing this language. Nevertheless, in recognition of the
Legislature's desire to obtain this information, it will be addressed
as though the request had been included in Supplemental Report
language. Therefore, I am instructing the Director of the Department
of Industrial Relations to comply with this legislative request for
this report to the extent compliance can be achieved using existing
resources and without impairing the Department of Industrial
Relations' ability to perform its essential functions.
Item 8120-011-0268--For support of Commission on Peace Officer
Standards and Training. I revise this item by deleting Provision 3.
I am deleting Provision 3, which would require the Commission on
Peace Officer Standards and Training to report to the Legislature on
the findings of the local law enforcement agency audits conducted by
the Controller on behalf of the commission. This reporting
requirement would result in an expenditure increase without regard to
the availability of revenues. Consequently, I am vetoing this
language. Nevertheless, in recognition of the Legislature's desire to
obtain this information, it will be addressed as though the request
had been included in Supplemental Report language. Therefore, I am
instructing the Executive Director of the Commission on Peace Officer
Standards and Training to comply with this legislative request for
this report to the extent compliance can be achieved using existing
resources and without impairing the Commission on Peace Officer
Standards and Training's ability to perform its essential functions.
Item 8660-001-0042--For support of Public Utilities Commission. I
reduce this item from $3,526,000 to $3,354,000.
I am deleting a legislative augmentation of $172,000 and 2.0
positions for Public Utilities Commission's (PUC) rail crossing
safety staff. In the 2006 Budget Act, I included three positions for
the rail safety crossing program, giving the PUC 20.0 base positions
for rail crossing safety. To date, all those positions are not
filled. It would be premature to authorize additional positions until
the positions at the PUC are filled and the impact on workload can
be determined. With these reductions, $3,354,000 still remains to
support the rail crossing safety staff.
Item 8660-001-0462--For support of Public Utilities Commission. I
revise this item by reducing:
(1) 10-Regulation of Utilities from $120,157,000 to $119,857,000;
(3) 20-Regulation of Transportation from $19,911,000 to
$19,739,000;
(7) Amount payable from the State Highway Account, State
Transportation Fund (Item 8660-001-0042) from -$3,526,000 to
-$3,354,000; and
(18) Amount payable from the Public Utilities Commission Rate
payer Advocate Account (Item 8660-001-3089) from -$21,632,000 to
-$21,332,000.
I am revising this item to conform to the actions I have taken in
Item 8660-001-3089 and Item 8660-001-0042.
Item 8660-001-3089--For support of Public Utilities Commission. I
reduce this item from $21,632,000 to $21,332,000.
I am deleting a legislative augmentation of $300,000 and 3
positions for the Division of Ratepayer Advocates' (DRA) water audits
division. The Budget Act of 2006 provided additional auditors to the
Public Utilities Commission (Commission) that were intended to meet
the needs of the DRA as well as the balance of the Commission. With
these reductions, $2,200,000 and 22.0 positions still remain to
support the Division of Ratepayer Advocates water auditing staff.
Item 8770-001-0462--For Support of the Electricity Oversight
Board. I reduce this item from $3,579,000 to $2,684,000 by reducing:
(1) 30-Administration from $4,128,000 to $3,096,000, and
(2) Amount payable from the Energy Resources Programs Account
(Item 8770-001-0465) from -$549,000 to -$412,000.
I am reducing Schedule (1) to reflect my expectation that by April
1, 2008, the Electricity Oversight Board (EOB) will have transferred
its remaining duties to the Public Utilities Commission. The EOB was
established in 1996 as part of the state's attempt to restructure
the electricity industry, and was given the responsibility for
overseeing the California Independent System Operator, a non-profit
entity that operates most of California's electric transmission grid.
Since that time, changes in state and federal law have eliminated
the need for the EOB; the duties it performs are now also performed
either by the California Independent System Operator or the
California Public Utilities Commission. When I first took office, the
California Performance Review determined that the EOB should be
eliminated, with its remaining functions transferred to other
entities. It is time to implement this recommendation. With this
reduction, sufficient funding will remain in the EOB budget to allow
for an orderly staffing reduction plan so staff will have every
opportunity to transfer to new duties within California state
government. I am requesting the Department of Personnel
Administration to fully assist the EOB in this effort.
Item 8770-001-0465--For support of the Electricity Oversight
Board. I reduce this item from $549,000 to $412,000.
I am revising this item to conform to actions I have taken in Item
8770-001-0462.
Item 8910-001-0001--For support of Office of Administrative Law. I
revise this item by deleting Provision 1.
I am deleting Provision 1, which would require the Office of
Administrative Law to report to the Legislature on the use of
positions assigned to underground regulation review. This reporting
requirement would result in an expenditure increase without regard to
the availability of revenues. Consequently, I am vetoing this
language. Nevertheless, in recognition of the Legislature's desire to
obtain this information, it will be addressed as though the request
had been included in Supplemental Report language. Therefore, I am
instructing the director of the Office of Administrative Law to
comply with this legislative request for this report to the extent
compliance can be achieved using existing resources and without
impairing the Office of Administrative Law's ability to perform its
essential functions.
Item 8955-001-0001--For support of California Department of
Veterans Affairs. I revise this item by deleting Provision 5.
I delete Provision 5, which would require the California
Department of Veterans Affairs (CDVA) to report on the Department's
progress in providing a "restraint-free" environment for residents at
the Veterans Homes. This reporting requirement would result in an
expenditure increase without regard to the availability of revenues.
Consequently, I am vetoing this language. Nevertheless, in
recognition of the Legislature's desire to obtain this information,
it will be addressed as though the request had been included in
Supplemental Report language. Therefore, I am instructing the
Secretary of the CDVA to comply with this legislative request for
this report to the extent compliance can be achieved using existing
resources and without impairing the CDVA's ability to perform its
essential functions.
Item 9210-107-0001--For local assistance, Local Government
Financing. I delete this item.
I am deleting the $3,500,000 legislative augmentation for grants
to county assessors, which would be made in proportion to the amount
of property tax received by their K-14 schools. This reduction is
necessary to limit program expansions and provide for a prudent
General Fund reserve in light of the various uncertainties in
revenues and spending that we face this year.
Local government is anticipated to receive $28,000,000 in property
tax revenue in 2007-08 pursuant to a new method of collecting
fractionally owned aircraft property taxes, facilitated by budget
trailer bill legislation. As a result, this $3,500,000 augmentation
is unnecessary.
Item 9800-001-0001--For Augmentation for Employee Compensation. I
reduce this item from $525,262,000 to $453,262,000.
I am reducing funding by $72,000,000 for employee compensation and
instructing my administration to absorb this reduction in order to
further build a prudent reserve in light of the various uncertainties
in revenues and spending that we face this year. To effect this
reduction, I am directing the Director of Finance to reduce the
amount that would have been allocated to each department from Item
9800-001-0001 by an amount equal to 8.576 percent of that department'
s General Fund expenditures for personal services in April of 2007.
With this reduction, $453,262,000 still remains to be allocated by
the Department of Finance for increases in employee compensation that
the Department of Personnel Administration has already agreed to
pay. This reduced amount available for allocation to departments will
not affect pay or benefits for employees in any way. Employees will
receive full pay, and the funding for pay increases not available
from Item 9800 will be funded by a redirection within existing
resources by individual departments. So, all previously negotiated
employee compensation increases, and all employee compensation
increases for medical, mental, and dental health positions arising
from the Coleman and Plata court cases will be unaffected by my
action to reduce this appropriation.
Item SEC 24.55--California Research and Education Network. I
delete this control section.
I am deleting Control Section 24.55 because this language is
unnecessary and could increase administrative costs at the expense of
either direct network services or potentially higher fees. Chapter
552, Statutes of 2006, already provides appropriate oversight for
K-12. Similarly, annual program review through the budget process,
the governance structure of the higher education segments, and the
current business practices of establishing interagency agreements and
essentially using cost-based accounting for each educational segment
already provide appropriate accountability for higher education.
With the above deletions, revisions, and reductions, I hereby
approve Senate Bill 77.
Schwarzenegger,
Arnold
SB 77, Ducheny. Budget Act of 2007.
This bill would make appropriations for support of state
government for the 2007-08 fiscal year.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.00. This act shall be known and may be cited as the
"Budget Act of 2007."
SEC. 1.50. (a) In accordance with Section 13338 of the Government
Code, as added by Chapter 1284, Statutes of 1978, and as amended by
Chapter 1286, Statutes of 1984, it is the intent of the Legislature
that this act utilize a coding scheme compatible with the Governor's
Budget and the records of the Controller, and provide for the
appropriation of federal funds received by the state and deposited in
the State Treasury.
(b) Essentially, the format and style are as follows:
(1) Appropriation item numbers have a code which is common to all
the state's fiscal systems. The meaning of this common coded item
number is as follows:
2720--Organization Code (this code represents the California
Highway Patrol)
001--Reference Code (first appropriation for a particular fund for
support of each department)
0044--Fund Code (Motor Vehicle Account, State Transportation Fund)
(2) Appropriation items are organized in organization code order.
(3) All the appropriation items, reappropriation items, and
reversion items, if any, for each department or entity are adjacent
to one another.
(4) Federal funds received by the state and deposited in the State
Treasury are appropriated in separate items.
(c) The Department of Finance may authorize revisions to the codes
used in this act in order to provide compatibility between the codes
used in this act and those used in the Governor's Budget and in the
records of the State Controller.
(d) Notwithstanding any other provision of this act, the
Department of Finance may revise the schedule of any appropriation
made in this act where the revision is of a technical nature and is
consistent with legislative intent. These revisions may include, but
shall not be limited to, the substitution of category for program or
program for category limitations, the proper categorization of
allocated administration costs and cost recoveries, the distribution
of any unallocated amounts within an appropriation and the adjustment
of schedules to facilitate departmental accounting operations,
including the elimination of categories providing for amounts payable
from other items or other appropriations and the distribution of
unscheduled amounts to programs or categories. These revisions shall
include a certification that the revisions comply with the intent and
limitation of expenditures as appropriated by the Legislature.
(e) Notwithstanding any other provision of this act, when the
Department of Finance, pursuant to subdivision (d), approves the
schedule or revision of any appropriation relating to the elimination
of amounts payable, the language authorizing the transfer shall also
be eliminated.
SEC. 1.80. (a) The following sums of money and those appropriated
by any other sections of this act, or so much thereof as may be
necessary unless otherwise provided herein, are hereby appropriated
for the use and support of the State of California for the 2007-08
fiscal year beginning July 1, 2007, and ending June 30, 2008. All of
these appropriations, unless otherwise provided herein, shall be paid
out of the General Fund in the State Treasury.
(b) All capital outlay appropriations and reappropriations, unless
otherwise provided herein, are available as follows:
(1) Studies, preliminary plans, working drawings, and minor
capital outlay funds are available for expenditure until June 30,
2008.
(2) Construction funds are available for expenditure until June
30, 2010, if allocated through fund transfer or approval to proceed
to bid by the Department of Finance by June 30, 2008. Any funds not
allocated by June 30, 2008, shall revert on July 1, 2008, to the fund
from which the appropriation was made.
(3) All other capital outlay funds are available until June 30,
2010.
(c) Whenever by constitutional or statutory provision the revenues
or receipts of any institution, department, board, bureau,
commission, officer, employee, or other agency, or any moneys in any
special fund created by law therefor, are to be used for salaries,
support, or any proper purpose, expenditures shall be made therefrom
for any such purpose only to the extent of the amount therein
appropriated, unless otherwise stated herein.
(d) Appropriations for purposes not otherwise provided for herein
that have been heretofore made by any existing constitutional or
statutory provision shall continue to be governed thereby.
SEC. 2.00. Items of appropriation.
LEGISLATIVE/JUDICIAL/EXECUTIVE
Legislative
0110-001-0001--For support of Senate...... 107,556,000
Schedule:
(1) 101001-Salaries of
Senators............ 6,208,000
(2) 317295-Mileage...... 11,000
(3) 317292-Expenses..... 1,480,000
(4) 500004-Operating
Expenses............ 99,022,000
(5) 317296-Automotive
Expenses............ 835,000
Provisions:
1. The funds appropriated in
Schedule (4) are for operating
expenses of the Senate,
including personal services for
officers, clerks, and all
other employees, and
legislative committees thereof
composed in whole or in part of
Members of the Senate, and for
support of joint expenses of
the Legislature, to be
transferred by the Controller
to the Senate Operating Fund.
2. The funds appropriated in
Schedule (5) are for operating
expenses of the Senate relating
to the purchase, maintenance,
repair, insurance, and other
costs of operating automobiles
for the use of Members of the
Senate, to be transferred by
the Controller to the Senate
Operating Fund.
3. The funds appropriated in
Schedules (1), (2), (3), and
(5) may be adjusted for
transfers to or from the Senate
Operating Fund.
0120-011-0001--For support of Assembly.... 145,952,000
Schedule:
(1) 101001-Salaries of
Assembly Members.... 11,247,000
(2) 317295-Mileage...... 8,000
(3) 317292-Expenses..... 3,045,000
(4) 500004-Operating
Expenses............ 130,793,000
(5) 317296-Automotive
Expenses............ 859,000
Provisions:
1. The funds appropriated in
Schedule (4) are for operating
expenses of the Assembly,
including personal services for
officers, clerks, and all
other employees, and legislative
committees thereof composed in
whole or in part of Members of
the Assembly, and for support of
joint expenses of the
Legislature, to be transferred
by the Controller to the
Assembly Operating Fund.
2. The funds appropriated in
Schedule (5) are for operating
expenses of the Assembly
relating to the lease,
maintenance, repair, insurance,
and other costs of operating
automobiles for the use of
Members of the Assembly, to be
transferred by the Controller to
the Assembly Operating Fund.
3. The funds appropriated in
Schedules (1), (2), (3), and (5)
may be adjusted for transfers to
or from the Assembly Operating
Fund.
0130-021-0001--For support of Office of the
Legislative Analyst.................................. 0
Schedule:
(1) Expenses of the Office of
the Legislative Analyst.... 7,200,000
(2) Transferred from Item 0110-
001-0001................... -3,600,000
(3) Transferred from Item 0120-
011-0001................... -3,600,000
Provisions:
1. The funds appropriated in Schedule (1)
are for the expenses of the Office of the
Legislative Analyst and of the Joint
Legislative Budget Committee for any
charges, expenses, or claims either may
incur, available without regard to fiscal
years, to be paid on certification of the
Chairperson of the Joint Legislative
Budget Committee or his or her designee.
2. Funds identified in Schedules (2) and (3)
may be transferred from the Senate
Operating Fund, by the Senate Committee
on Rules, and the Assembly Operating
Fund, by the Assembly Committee on Rules.
0160-001-0001--For support of Legislative
Counsel Bureau................................ 87,148,000
Schedule:
(1) Support................ 87,279,000
(2) Reimbursements......... -131,000
Judicial
0250-001-0001--For support of Judicial
Branch.................................... 346,429,000
Schedule:
(1) 10-Supreme Court.... 44,924,000
(2) 20-Courts of Appeal. 198,626,000
(3) 30-Judicial Council. 101,895,000
(4) 35-Judicial Branch
Facility Program.... 2,684,000
(5) 50-Habeas Corpus
Resource Center..... 14,263,000
(6) Reimbursements...... -6,690,000
(7) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 0250-001-
0044)............... -179,000
(8) Amount payable from
the Court
Interpreters' Fund
(Item 0250-001-
0327)............... -155,000
(9) Amount payable from
the Federal Trust
Fund (Item 0250-001-
0890)............... -4,116,000
(10) Amount payable from
the Appellate Court
Trust Fund (Item
0250-001-3060)...... -4,823,000
Provisions:
1. Notwithstanding Section 26.00,
the funds appropriated or
scheduled in this item may be
allocated or reallocated among
categories by order of the
Judicial Council.
2. Of the funds appropriated in
this item, $200,000 is
available for reimbursement to
the Attorney General, or for
hiring outside counsel, for
prelitigation and litigation
fees and costs, including any
judgment, stipulated judgment,
offer of judgment, or
settlement. This amount is for
use in connection with (a)
matters arising from the
actions of appellate courts,
appellate court bench officers,
or appellate court employees;
(b) matters arising from the
actions of the Judicial
Council, council members, or
council employees or agents;
(c) matters arising from the
actions of the Administrative
Office of the Courts or its
employees; or (d) employment
litigation arising from the
actions of trial courts, trial
court bench officers, or trial
court employees. Either the
state or the Judicial Council
must be named as a defendant or
alleged to be the responsible
party. Any funds not used for
this purpose shall revert to
the General Fund.
3. The funds appropriated in
Schedule (5) shall be available
for costs associated directly
or indirectly with the
California Habeas Corpus
Resource Center (CHCRC). The
CHCRC shall report to the
Legislature and the Department
of Finance on September 1,
2007, and April 1, 2008, on
expenditures, specifically
detailing personal services
expenditures, operating
expenses, and equipment
expenditures.
4. Notwithstanding any other
provision of law, upon
approval and order of the
Department of Finance, the
amount appropriated in this
item shall be reduced by the
amount transferred in Item 0250-
011-0001 to provide adequate
resources to the Judicial
Branch Workers' Compensation
Fund to pay workers'
compensation claims for
judicial branch employees and
justices, and administrative
costs pursuant to Section
68114.10 of the Government Code.
5. It is the intent of the
Legislature that the
Administrative Office of the
Courts prioritize existing
resources in order to provide a
$5 increase in the hourly rates
paid to attorneys in the Court
Appointed Counsel Program.
0250-001-0044--For support of Judicial
Branch, for payment to Item 0250-001-
0001, payable from the Motor Vehicle
Account, State Transportation Fund........ 179,000
0250-001-0159--For support of Judicial
Branch, payable from the Trial Court
Improvement Fund............................ 8,693,000
Provisions:
1. Upon approval by the Administrative
Director of the Courts, the
Controller shall increase this item
up to $18,100,000 for recovery of
costs for administrative
services provided to the trial
courts by the Administrative Office
of the Courts.
2. Upon approval by the Administrative
Director of the Courts, and
notification to the Department of
Finance, the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the State
Budget, and the Chairperson of the
Joint Legislative Budget Committee,
the Controller shall additionally
increase this item by an amount, or
amounts, totaling no more than
$1,810,000. Any augmentation shall
be authorized no sooner than 30
days after notification in writing
to the chairpersons of the
committees in each house of the
Legislature that consider
appropriations, the chairpersons of
the committees and appropriate
subcommittees that consider the
State Budget, and the Chairperson
of the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
Chairperson of the Joint
Legislative Budget Committee or his
or her designee may determine.
0250-001-0327--For support of Judicial
Branch, for payment to Item 0250-001-
0001, payable from the Court
Interpreters' Fund........................ 155,000
0250-001-0890--For support of Judicial
Branch, for payment to Item 0250-001-
0001, payable from the Federal Trust Fund. 4,116,000
0250-001-0932--For support of Judicial
Branch, payable from the Trial Court Trust
Fund......................................... 3,396,000
Schedule:
(1) 30-Judicial Council........ 3,396,000
Provisions:
1. Upon approval by the Director of the
Administrative Office of the Courts,
the Controller shall increase this
item by an amount sufficient to
allow for the expenditure of any
transfer to this item made pursuant
to Provisions 8 and 9 of Item 0250-
101-0932.
0250-001-3037--For support of Judicial
Branch, payable from the State Court
Facilities Construction Fund.................. 38,530,000
Schedule:
(1) 30-Judicial Council.... 7,225,000
(2) 35-Judicial Branch
Facility Program....... 31,305,000
Provisions:
1. The Director of Finance may augment
this item by an amount not to
exceed available funding in the
State Court Facilities Construction
Fund, after review of a request
submitted by the Administrative
Office of the Courts that
demonstrates a need for additional
resources associated with and
including, but not limited to, the
transfer, acquisition,
rehabilitation, construction, or
financing of court facilities. This
request shall be submitted no later
than 60 days prior to the effective
date of the augmentation. Any
augmentation shall be authorized no
sooner than 30 days after
notification in writing to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, the
chairperson of the committee and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the Chairperson of the Joint
Legislative Budget Committee or his
or her designee may determine.
0250-001-3060--For support of Judicial
Branch, for payment to Item 0250-001-0001,
payable from the Appellate Court Trust Fund. 4,823,000
Provisions:
1. Upon approval of the Director of
Finance, the amount available for
expenditure in this item may be
augmented by the amount of any
additional resources available in
the Appellate Court Trust Fund,
which is in addition to the amount
appropriated in this item. Any
augmentation shall be authorized no
sooner than 30 days after
notification in writing to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, the
chairpersons of the committees and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whate