Bill Text: CA AB885 | 2009-2010 | Regular Session | Amended

California Assembly Bill 885 (Prior Session Legislation)

Bill Title: Area agencies on aging and independent living centers:

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB885 Detail]

Download: California-2009-AB885-Amended.html

BILL NUMBER: AB 885	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Nestande
    (   Coauthors:   Assembly Members 
 Jeffries,   Niello,   and Yamada   )

    (   Coauthor:   Senator   Cox
  ) 

                        FEBRUARY 26, 2009

   An act to add Division 11 (commencing with Section 19900) to the
Welfare and Institutions Code, relating to social services, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 885, as amended, Nestande. Area agencies on aging and
independent living centers: funding.
   Existing law designates area agencies on aging as local units on
aging in California, which are financially supported by a variety of
sources, including federal funding, state and local government
assistance, the private sector, and individual contributions.
    Existing law also provides for independent living centers, for
the purpose of assisting individuals with disabilities in their
attempts to live fuller and freer lives outside institutions, and
achieve social and economic independence.
   This bill would continuously appropriate from the Federal Trust
Fund, in the absence of enactment of the annual Budget Act by July 1
of a fiscal year, (1) to the California Department of Aging, the
amount of federal funds contained in the Federal Trust Fund that is
necessary to pay area agencies on aging for the administration of
programs under their jurisdiction, and (2) to the Department of
Rehabilitation, the amount of federal funds contained in the Federal
Trust Fund that is necessary to pay independent living centers for
the administration of programs under their jurisdiction, pending
enactment of the Budget Act.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Division 11 (commencing with Section 19900) is added to
the Welfare and Institutions Code, to read:

      DIVISION 11.  FUNDING FOR SERVICES FOR SENIORS AND PERSONS WITH
DISABILITIES


   19900.  (a) Notwithstanding Section 13340 of the Government Code,
in any fiscal year in which the Budget Act is not enacted by July 1
of that fiscal year, there is hereby continuously appropriated from
the Federal Trust Fund the following sums:
   (1) To the California Department of Aging  ,  the amount
of federal funds contained in the Federal Trust Fund that is
necessary to pay area agencies on aging for the administration of
programs under their jurisdiction, as provided in Division 8.5
(commencing with Section 9000). The Department of Finance, upon
enactment of the Budget Act and in the absence of this action being
taken by the Legislature or the Governor in that Budget Act, may
reduce the applicable Budget Act allocations by the amount of any
payments made pursuant to this paragraph.
   (2) To the Department of Rehabilitation  ,  the amount of
federal funds contained in the Federal Trust Fund that is necessary
to pay independent living centers for the administration of programs
under their jurisdiction, as provided in Chapter 9 (commencing with
Section 19800) of Division 10. The Department of Finance, upon
enactment of the Budget Act and in the absence of this action being
taken by the Legislature or the Governor in that Budget Act, may
reduce the applicable Budget Act allocations by the amount of any
payments made pursuant to this paragraph.
   (b) If payments are made to area agencies on aging or independent
living centers pursuant to this section, the first payment shall be
made on July 15, with payments to be made on the 15th of each month
thereafter, until the enactment of the Budget Act.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that area agencies on aging and independent
living centers will be able to prevent interruptions in important
services provided to elderly persons and persons with disabilities if
the Budget Act of 2009 is not enacted in a timely manner, it is
necessary that this act take effect immediately.