Bill Text: CA AB1428 | 2015-2016 | Regular Session | Introduced
Bill Title: California State Lottery: education finance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1428 Detail]
Download: California-2015-AB1428-Introduced.html
BILL NUMBER: AB 1428 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gray
FEBRUARY 27, 2015
An act to amend Section 8880.5 of the Government Code, relating to
education allocations: local lottery education accounts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1428, as introduced, Gray. California State Lottery: education
finance.
(1) The California State Lottery Act of 1984, enacted by
initiative, authorizes a California State Lottery and provides for
its operation and administration by the California State Lottery
Commission and the Director of the California State Lottery, with
certain limitations. The act requires each school district and county
superintendent of schools, as condition of receiving any moneys from
the California State Lottery, to establish a separate account for
the receipt and expenditure of those moneys, which is required to be
clearly identified as a lottery education account.
This bill would require the commission to collect, and make
publicly available on the commission's Internet Web site, information
related to those separate lottery education accounts of each school
district and county superintendent of schools.
(2) The California State Lottery Act of 1984, an initiative
measure, specifies that none of its provisions may be changed except
to further its purpose by a bill passed by a 2/3 vote of each house
of the Legislature and signed by the Governor.
This bill would declare that its provisions further the purposes
of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8880.5 of the Government Code is amended to
read:
8880.5. Allocations for education:
The California State Lottery Education Fund is created within the
State Treasury, and is continuously appropriated for carrying out the
purposes of this chapter. The Controller shall draw warrants on this
fund and distribute them quarterly in the following manner, provided
that the payments specified in subdivisions (a) to (g), inclusive,
shall be equal per capita amounts.
(a) (1) Payments shall be made directly to public school
districts, including county superintendents of schools, serving
kindergarten and grades 1 to 12, inclusive, or any part thereof, on
the basis of an equal amount for each unit of average daily
attendance, as defined by law and adjusted pursuant to subdivision (
l ).
(2) For purposes of this paragraph, in each of the 2008-09,
2009-10, 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15 fiscal
years, the number of units of average daily attendance in each of
those fiscal years for programs for public school districts,
including county superintendents of schools, serving kindergarten and
grades 1 to 12, inclusive, shall include the same amount of average
daily attendance for classes for adults and regional occupational
centers and programs used in the calculation made pursuant to this
subdivision for the 2007-08 fiscal year.
(b) Payments shall also be made directly to public school
districts serving community colleges, on the basis of an equal amount
for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees
of the California State University on the basis of an amount for each
unit of equivalent full-time enrollment. Funds received by the
trustees shall be deposited in and expended from the California State
University Lottery Education Fund, which is hereby created ,
or, at the discretion of the trustees, deposited in local trust
accounts in accordance with subdivision (j) of Section 89721 of the
Education Code.
(d) Payments shall also be made directly to the Regents of the
University of California on the basis of an amount for each unit of
equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors
of the Hastings College of the Law on the basis of an amount for
each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the Department of the
Youth Authority for educational programs serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, on the basis of an
equal amount for each unit of average daily attendance, as defined by
law.
(g) Payments shall also be made directly to the two California
Schools for the Deaf, the California School for the Blind, and the
three Diagnostic Schools for Neurologically Handicapped Children, on
the basis of an amount for each unit of equivalent full-time
enrollment.
(h) Payments shall also be made directly to the State Department
of Developmental Services and the State Department of State Hospitals
for clients with developmental or mental disabilities who are
enrolled in state hospital education programs, including
developmental centers, on the basis of an equal amount for each unit
of average daily attendance, as defined by law.
(i) No Budget Act or other statutory provision shall direct that
payments for public education made pursuant to this chapter be used
for purposes and programs (including workload adjustments and
maintenance of the level of service) authorized by Chapters 498, 565,
and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes
of 1984, or Chapter 1 of the Statutes of the 1983-84 Second
Extraordinary Session.
(j) School districts and other agencies receiving funds
distributed pursuant to this chapter may at their option utilize
funds allocated by this chapter to provide additional funds for those
purposes and programs prescribed by subdivision (i) for the purpose
of enrichment or expansion.
(k) (1) As a condition of receiving any
moneys pursuant to subdivision (a) or (b), each school district and
county superintendent of schools shall establish a separate account
for the receipt and expenditure of those moneys, which account shall
be clearly identified as a lottery education account.
(2) The commission shall collect, and make publicly available on
the commission's Internet Web site, information related to the
separate lottery education accounts required pursuant to paragraph
(1).
( l ) Commencing with the 1998-99 fiscal year, and each
year thereafter, for purposes of subdivision (a), average daily
attendance shall be increased by the statewide average rate of
excused absences for the 1996-97 fiscal year as determined pursuant
to the provisions of Chapter 855 of the Statutes of 1997. The
statewide average excused absence rate, and the corresponding
adjustment factor required for the operation of this subdivision,
shall be certified to the Controller by the Superintendent of Public
Instruction.
(m) It is the intent of this chapter that all funds allocated from
the California State Lottery Education Fund shall be used
exclusively for the education of pupils and students and no funds
shall be spent for acquisition of real property, construction of
facilities, financing of research, or any other noninstructional
purpose.
SEC. 2. The Legislature finds and declares that this act furthers
the purpose of the California State Lottery Act of 1984, enacted by
Proposition 37 at the November 6, 1984, general election.
