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AB-16 Local Revenue Fund 2011.(2011-2012)

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AB16:v96#DOCUMENT

Assembly Bill No. 16
CHAPTER 13

An act to amend Sections 30025, 30027, 30028.5, and 30061 of, and to add Sections 30029.3 and 30029.4 to, the Government Code, to amend Section 13821 of the Penal Code, to amend Sections 1954, 10823, 17600, 17600.10, 17601.20, and 18220.1 of the Welfare and Institutions Code, and to amend Section 14 of Chapter 40 of the Statutes of 2011, relating to local government finance, and making an appropriation therefor, to take effect immediately, bill related to the budget.

[ Approved by Governor  September 20, 2011. Filed with Secretary of State  September 21, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 16, Blumenfield. Local Revenue Fund 2011.
Existing law establishes the Local Revenue Fund 2011, a continuously appropriated fund, and creates various accounts and subaccounts within that fund, for purposes of funding Public Safety Services, as defined.
Existing law requires counties to create, as specified, a County Local Revenue Fund 2011, and to create within that fund the Trial Court Security Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, and the Supplemental Law Enforcement Account. Existing law requires that those moneys in the fund and its accounts be used exclusively for Public Safety Services, as defined, and for other specific services, including funding grants pertaining to county probation, mental health, drug and alcohol, and other county departments to provide rehabilitative, housing, and supervision services to youthful offenders.
This bill would create the Undistributed Account, the Foster Care Assistance Subaccount, and the Foster Care Administration Subaccount within the Local Revenue Fund 2011. The bill would allocate funding to those accounts, as specified, and make other conforming changes.
The bill would authorize a county or counties to contract directly with the State Department of Alcohol and Drug Programs, the State Department of Health Care Services, and the State Department of Social Services, as applicable and subject to certain conditions, to provide for the provision or administration of specified Medi-Cal drug treatment and agency adoption programs.
The bill would require that savings achieved by counties as a result of the shift of residential placement costs for seriously emotionally disturbed youth from the State Department of Social Services to the State Department of Education, as specified, be redirected to supplement foster care, child welfare services, and adoptions program expenditures, as specified.
Existing law requires in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of specified law enforcement services. Existing law also requires that in any fiscal year for which a county receives moneys to be expended for those purposes, that the county auditor allocate the moneys in the county’s SLESA as specified, including any interest or other return earned on the investment of those moneys.
This bill would delete language requiring the allocated funds to include interest or other return earned on the investment of those moneys.
Existing law provides that commencing with the 2011–12 fiscal year, the Controller shall allocate 9% of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 to the California Emergency Management Agency, and that these funds shall be allocated by the California Emergency Management Agency according to the agency’s existing programmatic guidelines. Existing law also requires that of the amount allocated, the California Emergency Management Agency shall distribute these funds according to specified percentages. Existing law further provides that beginning in the 2009–10 fiscal year and each fiscal year thereafter the California Emergency Management Agency may retain up to 3% of the funds allocated, as specified, for program administrative costs.
This bill would provide that the funds instead be allocated by the Controller pursuant to a schedule provided by the California Emergency Management Agency which shall be developed according to the agency’s existing programmatic guidelines and according to specified percentages. This bill would abolish the annual 3% retainer, and instead provide that for the 2011–12 fiscal year, the California Emergency Management Agency be reimbursed up to $511,000, as specified, for program administrative costs.
Existing law requires that for the 2010–11 fiscal year, and each fiscal year thereafter, a specified amount shall be transferred from the General Fund to the Youthful Offender Block Grant Fund.
This bill would instead provide that for the 2011–12 fiscal year no money would be transferred from the General Fund to the Youthful Offender Block Grant Fund, and that for the 2012–13 fiscal year, and each fiscal year thereafter, a specified amount shall be transferred from the General Fund to the Youthful Offender Block Grant Fund.
Existing law establishes a statewide automated welfare system for specified public assistance programs, and requires the Office of Systems Integration to migrate counties into the system, as specified. Existing law requires the office to produce a related report in 2012.
This bill would additionally require the Office of Systems Integration to oversee the migration of 39 counties into a system jointly designed by the 39 counties in addition to the County of Los Angeles under a specified contract, among other requirements for implementation. The bill would also make a related change to the required report.
Existing law establishes the Local Revenue Fund, a continuously appropriated fund with specified accounts and subaccounts. Existing law requires each county and city and county receiving funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts.
This bill would create the CalWORKs Maintenance of Effort Subaccount within the Local Revenue Fund, and require creation of a CalWORKs Maintenance of Effort Subaccount within local health and welfare trust funds, as specified.
Existing law provides that, as to counties, certain funds that would have otherwise been deposited into the Mental Health Subaccount, as specified, shall instead be deposited in the Social Services Subaccount.
This bill would instead provide that those funds be deposited in the CalWORKs Maintenance of Effort Subaccount. The bill would also specify a county’s annual contribution towards the cost of CalWORKs grants.
Existing law provides that moneys within the Local Revenue Fund 2011 shall, upon order of the Director of Finance, be used to reimburse the General Fund for costs incurred and expenditures made by the state on behalf of any local governmental entity in providing Public Safety Services, as defined.
This bill would provide that moneys within the Local Revenue Fund 2011 and the Undistributed Account shall, upon order of the Director of Finance, be used to reimburse the General Fund for costs incurred and expenditures made by the state on behalf of any local governmental entity in providing Public Safety Services, as defined. The bill would require that, for the 2011–12 fiscal year, moneys within the Undistributed Account, upon order of the Director of Finance, be used to reimburse the General Fund for costs incurred and expenditures made by the state on behalf of any local governmental entity in providing Public Safety Services, as defined.
This bill would require the Department of Finance to submit a report to the Joint Legislative Budget Committee regarding the funding of the Local Revenue Fund 2011, as specified. The bill would state the intent of the Legislature that legislation enacted to implement the 2011 Realignment shall address, at a minimum, funding necessary for local public safety to achieve successful outcomes from the implementation of criminal justice realignment provisions and funding for the child welfare services and foster care programs necessary to achieve critical outcomes, including state and federal performance reviews.
The bill would appropriate $1,000 from the General Fund to the California Emergency Management Agency for specified program administrative costs.
The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 30025 of the Government Code is amended to read:

30025.
 (a) The Local Revenue Fund 2011 is hereby created in the State Treasury and shall receive all revenues, less refunds, derived from the taxes described in Sections 6051.15 and 6201.15; revenues as may be allocated to the fund pursuant to Sections 11001.5 and 11005 of the Revenue and Taxation Code; and other moneys that may be specifically appropriated to the fund.
(b) The Trial Court Security Account, the Local Community Corrections Account, the Local Law Enforcement Services Account, the Mental Health Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, the Reserve Account, and the Undistributed Account are hereby created within the Local Revenue Fund 2011.
(c) The Youthful Offender Block Grant Subaccount and the Juvenile Reentry Grant Subaccount are hereby created within the Juvenile Justice Account.
(d) The Adult Protective Services Subaccount, the Foster Care Assistance Subaccount, the Foster Care Administration Subaccount, the Child Welfare Services Subaccount, the Adoptions Subaccount, the Adoption Assistance Program Subaccount, the Child Abuse Prevention Subaccount, the Women and Children’s Residential Treatment Services Subaccount, the Drug Court Subaccount, the Nondrug Medi-Cal Substance Abuse Treatment Services Subaccount, and the Drug Medi-Cal Subaccount are hereby created within the Health and Human Services Account within the Local Revenue Fund 2011.
(e) Funds transferred to the Local Revenue Fund 2011 and its accounts and subaccounts are, notwithstanding Section 13340, continuously appropriated and shall be al Revenue Fund 2011 for each county or city and county and its accounts shall be exclusively used for Public Safety Services as defined in subdivision (i) and as further described in this section.
(3) The moneys in the Trial Court Security Account shall be used exclusively to fund trial court security provided by county sheriffs. No general county administrative costs may be charged to this account, including, but not limited to, the costs of administering the account.
(4) The moneys in the Local Community Corrections Account shall be used exclusively to fund the provisions of Chapter 15 of the Statutes of 2011. The moneys within this account shall not be used by local agencies to supplant other funding for Public Safety Services. This account shall be the source of funding for the Postrelease Community Supervision Act of 2011, as enacted by Section 479 of Chapter 15 of the Statutes of 2011, and to fund the housing of parolees in county jails.
(5) The moneys in the District Attorney and Public Defender Account shall be used exclusively to fund costs associated with revocation proceedings involving persons subject to state parole and the Postrelease Community Supervision Act of 2011 (Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code). The moneys shall be allocated equally by the county or city and county to the district attorney’s office and county public defender’s office, or where no public defender’s office is established, to the county for distribution for the same purpose.
(6) The moneys in the Juvenile Justice Account shall only be used to fund activities in connection with the grant programs described in this paragraph.
(A) The Youthful Offender Block Grant Subaccount shall be used to fund grants solely to enhance the capacity of county probation, mental health, drug and alcohol, and other county departments to provide appropriate rehabilitative, housing, and supervision services to youthful offenders, subject to Sections 731.1, 733, 1766, and 1767.35 of the Welfare and Institutions Code. Counties, in expending an allocation from this subaccount, shall provide all necessary services related to the custody and parole of the offenders.
(B) The Juvenile Reentry Grant Subaccount shall be used to fund grants exclusively to address local program needs for persons discharged from the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. County probation departments, in expending the Juvenile Reentry Grant allocation, shall provide evidence-based supervision and detention practices and rehabilitative services to persons who are subject to the jurisdiction of the juvenile court, and who were committed to and discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. “Evidence-based” refers to supervision and detention policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals on probation or under postrelease supervision. The funds allocated from this subaccount shall supplement existing services and shall not be used by local agencies to supplant any existing funding for existing services provided by those entities. The funding provided from this subaccount is intended to provide payment in full for all local government costs of the supervision, programming, education, incarceration, or any other cost resulting from persons discharged from custody or held in local facilities pursuant to the provisions of Chapter 729 of the Statutes of 2010.
(7) The Health and Human Services Account and its subaccounts described in subdivision (d) shall be used only to fund activities performed in connection with the programs described in this subdivision. The subaccounts shall be used exclusively as follows:
(A) The Adult Protective Services Subaccount shall be used to fund adult protective services described in statute and regulation.
(B) The Foster Care Assistance Subaccount shall be used to fund the cost of foster care grants and services as those services are described in statute and regulation, including the costs for the Title IV-E Child Welfare Waiver Demonstration Capped Allocation Project.
(C) The Foster Care Administration Subaccount shall be used to fund the administrative costs of foster care services as those services are described in statute and regulation, including the costs for the Title IV-E Child Welfare Waiver Demonstration Capped Allocation Project.
(D) The Child Welfare Services Subaccount shall be used to fund the costs of child welfare services as those services are described in statute and regulation, including the costs for the Title IV-E Child Welfare Waiver Demonstration Capped Allocation Project.
(E) The Adoptions Subaccount shall be used to fund the costs connected with providing adoptive services, including agency adoptions, as described in statute and regulation, including the costs incurred by the county or city and county if the county or city and county elects to contract with the state to provide those services.
(F) The Child Abuse Prevention Subaccount shall be used to fund the costs of child abuse prevention, intervention, and treatment services as those costs and services are described in statute and regulation.
(G) The Adoption Assistance Program Subaccount shall be used to fund the administrative costs and payments for families adopting children with special needs.
(H) The Women and Children’s Residential Treatment Services Subaccount shall be used to fund the costs of residential perinatal drug services and treatment as those services and treatment are described in statute and regulation.
(I) The Drug Court Subaccount shall be used to fund the costs of drug court operations and services as those costs are currently permitted and described by statute and regulation.
(J) The Nondrug Medi-Cal Substance Abuse Treatment Services Subaccount shall be used to fund the costs of nondrug Medi-Cal substance abuse treatment programs, as described in statute and regulation.
(K) The Drug Medi-Cal Subaccount shall be used to fund the costs of the Drug Medi-Cal program as that program is described in statute, regulation, or the current State Plan Amendment.
(g) The moneys in the Reserve Account shall be used to fund entitlements paid from the Foster Care Assistance Subaccount, the Drug Medi-Cal Subaccount and the Adoption Assistance Program Subaccount of the Health and Human Services Account.
(h) The moneys in the Undistributed Account shall be used to reimburse the General Fund for costs incurred and expenditures made by the state on behalf of any local government entity in providing Public Safety Services, as defined in subdivision (i), and are available for transfer to the Local Law Enforcement Services Account to permit the full allocation as described in subdivision (e) of Section 30029.
(i) For purposes of this section, “Public Safety Services” shall include all of the following:
(1) Employing public safety officials, prosecutors, public defenders, and court security staff.
(2) Managing local jails, housing and treating youthful offenders, and providing services for, and overseeing the supervised release of, offenders.
(3) Preventing child abuse, providing services to children who are abused, neglected, or exploited, providing services to vulnerable children and their families, and providing adult protective services.
(4) Providing mental health services to children and adults in order to reduce failure in school, harm to themselves and others, homelessness, and preventable incarceration.
(5) Preventing, treating, and providing recovery services for alcohol and drug abuse.
(j) The realignment moneys collected by the state and distributed to the local governmental entities pursuant to this article shall be considered state funds for the purposes of the political subdivision provision of the nonfederal share of Medicaid expenditures for purposes of Section 5001(g)(2) of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and Section 100201(c)(6) of the federal Patient Protection and Affordable Care Act (Public Law 111-148).

SEC. 2.

 Section 30027 of the Government Code is amended to read:

30027.
 (a) For the 2011–12 fiscal year, on the 15th of every month, the Controller shall allocate to the Mental Health Account of the Local Revenue Fund 2011, ninety million three hundred thousand dollars ($90,300,000) of the revenue received into Local Revenue Fund 2011, pursuant to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code.
(b) (1) All funds obtained pursuant to Sections 11001.5 and 11005 of the Revenue and Taxation Code shall be deposited in the Local Law Enforcement Services Account. However, no more than four hundred and eighty-nine million nine hundred thousand dollars ($489,900,000) in total shall be allocated out of the Local Law Enforcement Services Account.
(2) For the 2011–12 fiscal year, every month the Controller shall allocate to the Local Law Enforcement Services Account three million forty-one thousand six hundred sixty-seven dollars ($3,041,667) of the amounts received during any month into the Local Revenue Fund 2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code. However, these deposits shall cease once the Local Law Enforcement Services Account has been allocated four hundred eighty-nine million nine hundred thousand dollars ($489,900,000).
(3) If on June 27, 2012, there have been insufficient funds provided to the Local Law Enforcement Services Account to permit the full allocation as described in subdivision (e) of Section 30029, the Director of Finance shall allocate sufficient funds from the Undistributed Account to provide that full allocation.
(c) For the 2011–12 fiscal year, of the amounts received during any month into the Local Revenue Fund 2011 pursuant to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code, after having first deducted the amount described in subdivisions (a) and (b), or any other revenue except those received pursuant to Section 11005 of the Revenue and Taxation Code, shall be allocated by the Controller on the 15th of every month as follows:
(1) Twelve and forty-five hundredths of 1 percent shall be allocated to the Trial Court Security Account. However, no more than four hundred ninety-six million four hundred twenty-nine thousand dollars ($496,429,000) in total shall be allocated to the Trial Court Security Account, and the total allocation to the account shall be reduced by the Director of Finance, as appropriate, to reflect any reduction in trial court security costs.
(2) Eight and eighty-nine hundredths of 1 percent shall be allocated to the Local Community Corrections Account.
(3) Thirty-two hundredths of 1 percent shall be allocated to the District Attorney and Public Defender Account. However, no more than twelve million seven hundred thousand dollars ($12,700,000) in total shall be allocated to the District Attorney and Public Defender Account.
(4) Two and forty-four hundredths of 1 percent shall be allocated to the Juvenile Justice Account. However, no more than ninety-seven million one hundred ninety thousand dollars ($97,190,000) shall be allocated to the Juvenile Justice Account.
(5) Forty-five and thirty-one hundredths of 1 percent shall be allocated to the Health and Human Services Account.
(6) If revenue received into the Local Revenue Fund 2011, pursuant to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code, cannot be allocated to a particular account described in paragraphs (1) to (5), inclusive, due to the cap for that account having been reached, then those funds shall be placed into the Reserve Account. The Director of Finance may allocate the funds in the Reserve Account to reimburse a county or city and county for services funded by the Adoption Assistance Program Subaccount, the Foster Care Assistance Subaccount, or the Drug Medi-Cal Subaccount of the Health and Human Services Account. The Controller shall allocate those funds based on a schedule provided by the Director of Finance, as submitted from time to time at the discretion of the Director of Finance.
(7) After the allocations are made pursuant to paragraphs (1) to (6), inclusive, the remainder of any revenue received into the Local Revenue Fund 2011 shall be deposited in the Undistributed Account.
(d) It is the intent of the Legislature that new allocation formulas be developed using appropriate data and information for the 2012–13 fiscal year and each fiscal year thereafter. It is also the intent of the Legislature that sufficient protections be in place to provide ongoing funding and mandate protection for the state and local government.

SEC. 3.

 Section 30028.5 of the Government Code is amended to read:

30028.5.
 Funds allocated to the Health and Human Services Account from the Local Revenue Fund 2011 pursuant to paragraph (5) of subdivision (c) of Section 30027 shall be allocated by the Controller as follows:
(a) Three percent to the Adult Protective Services Subaccount.
(b) Twenty-one and seven-tenths of 1 percent to the Foster Care Assistance Subaccount.
(c) Two and two-tenths of 1 percent to the Foster Care Administration Subaccount.
(d) Thirty-seven and one-tenth of 1 percent to the Child Welfare Services Subaccount.
(e) Three and nine-tenths of 1 percent to the Adoptions Subaccount.
(f) Seven-tenths of 1 percent to the Child Abuse Prevention Subaccount.
(g) Twenty-one and two-tenths of 1 percent to the Adoption Assistance Program Subaccount.
(h) Three-tenths of 1 percent to the Women and Children’s Residential Treatment Services Subaccount.
(i) One and five-tenths of 1 percent to the Drug Court Subaccount.
(j) One and one-tenth of 1 percent to the Nondrug Medi-Cal Substance Abuse Treatment Services Subaccount.
(k) Seven and three-tenths of 1 percent to the Drug Medi-Cal Subaccount.

SEC. 4.

 Section 30029.3 is added to the Government Code, to read:

30029.3.
 (a) Notwithstanding any other law and to the extent consistent with or required by federal law or court order, a county or counties may contract directly with the State Department of Alcohol and Drug Programs, the State Department of Health Care Services, and the State Department of Social Services, as applicable, to provide for the provision or administration of the following programs:
(1) Medi-Cal Drug Treatment Program pursuant to Chapter 3.4 (commencing with Section 11758.40) of Part 1 of Division 10.5 of the Health and Safety Code.
(2) Agency adoptions pursuant to Chapter 2 (commencing with Section 16100) of Part 4 of Division 9 of the Welfare and Institutions Code and Chapter 2 (commencing with Section 8700) of Part 2 of Division 13 of the Family Code. Notwithstanding any other provision of law, a license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall not be required of a county that provides agency adoption program services.
(b) Contracts entered into concerning the services identified in subdivision (a) shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.
(c) Nothing in this section shall prevent a county from providing administration or services for any of the programs in subdivision (a) through a contract with another county, joint powers agreement, or county consortium.

SEC. 5.

 Section 30029.4 is added to the Government Code, to read:

30029.4.
 (a) The following terms have the following meanings for purposes of implementing this section:
(1) “Adoptions” includes adoption services provided to children and families pursuant to Section 16100 of the Welfare and Institutions Code or which a county enters into an agreement with another entity to provide on the county’s behalf.
(2) “Child welfare services” includes those services provided to children and families pursuant to Chapter 5 (commencing with Section 16500) of the Welfare and Institutions Code.
(3) “Foster care” includes expenditures for out-of-home placements for children pursuant to Article 5 (commencing with Section 11400), and Kinship Guardianship Assistance Payments provided pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.
(b) Savings achieved by counties as a result of the shift of residential placement costs for seriously emotionally disturbed youth from the State Department of Social Services to the State Department of Education pursuant to Chapter 43 of the Statutes of 2011 shall be redirected to supplement foster care, child welfare services, or adoptions program expenditures. These savings amounts, as defined in subdivision (c), shall not supplant other foster care, child welfare services, or adoptions program expenditures for the 2011–12 fiscal year and each fiscal year thereafter. No county shall be required to redirect funding to foster care, child welfare services, or adoptions programs, or any combination of those programs or services, in an amount greater than the amount of the offsetting savings the county achieved as a result of the shift of residential placement costs. It is the intent of the Legislature that the requirements of this section shall result in no net costs to any county.
(c) The amount of savings that each county is responsible for maintaining within the foster care, child welfare services, or adoptions programs as defined in subdivision (a) will be calculated by the State Department of Social Services, in conjunction with the Department of Finance and the County Welfare Directors Association, using the average total annual amount each county spent on the county share of residential placement costs for seriously emotionally disturbed youth pursuant to Assembly Bill 3632 (Chapter 1747 of the Statutes of 1984) in the 2007–08, 2008–09, and 2009–10 fiscal years.
(d) This act is not intended to limit or restrict savings realized by counties from other caseload decreases or other decreases in costs for the foster care, child welfare services, or adoptions programs.
(e) This section shall not be construed to create an obligation for any county that previously opted to spend greater than the amount necessary to fully match its base allocation of General Fund moneys for child welfare services and adoptions in a given fiscal year to continue such an overmatch.

SEC. 6.

 Section 30061 of the Government Code is amended to read:

30061.
 (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter.
(b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund, and shall allocate those moneys in accordance with the requirements set forth in this subdivision. However, the auditor shall not transfer those moneys to a recipient agency until the Supplemental Law Enforcement Oversight Committee certifies receipt of an approved expenditure plan from the governing board of that agency. The moneys shall be allocated as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the population research unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (j), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (j), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in an SLESA established in the city treasury.
(4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. If a plan has been previously approved by the Corrections Standards Authority, the plan shall be reviewed and modified annually by the council. The plan or modified plan shall be approved by the county board of supervisors, and in the case of a city and county, the plan shall also be approved by the mayor. The plan or modified plan shall be submitted to the Corrections Standards Authority by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to, all of the following components:
(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the following requirements:
(i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation.
(ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be used to determine the effectiveness of the local juvenile justice action strategy.
(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Corrections Standards Authority shall review plans or modified plans submitted pursuant to this paragraph within 30 days upon receipt of submitted or resubmitted plans or modified plans. The authority shall approve only those plans or modified plans that fulfill the requirements of this paragraph, and shall advise a submitting county or city and county immediately upon the approval of its plan or modified plan. The authority shall offer, and provide, if requested, technical assistance to any county or city and county that submits a plan or modified plan not in compliance with the requirements of this paragraph. The SLESA shall only allocate funding pursuant to this paragraph upon notification from the authority that a plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October 15, 2002, and annually each October 15 thereafter, to the county board of supervisors and the Corrections Standards Authority, in a format specified by the authority, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C).
(ii) The Corrections Standards Authority shall compile the local reports and, by March 15, 2003, and annually thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county from the appropriation for the purposes of this paragraph, on the outcomes as specified in subparagraph (C) of the programs funded pursuant to this paragraph and the statewide effectiveness of the comprehensive multiagency juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures:
(1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. The board shall, at a public hearing held at a time determined by the board in each year that the Legislature appropriates funds for purposes of this chapter, or within 30 days after a request by a recipient agency for a hearing if the funds have been received by the county from the state prior to that request, consider and determine each submitted request within 60 days of receipt, pursuant to the decision of a majority of a quorum present. The board shall consider these written requests separate and apart from the process applicable to proposed allocations of the county general fund.
(2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. These written requests shall be acted upon by the city council in the same manner as specified in paragraph (1) for county appropriations. As a condition for the receipt of those funds, a city shall maintain its overall funding for frontline municipal police services at or above the 2010–11 fiscal year level.
(3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. These written requests shall be acted upon by the legislative body in the same manner specified in paragraph (1) for county appropriations.
(d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b).
(e) In the 2009–10 fiscal year, and every fiscal year thereafter, the Controller shall allocate 21.30 percent of the amount deposited in the Local Safety and Protection Account for purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 21.30 percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b).
(g) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance. In the 2009–10 fiscal year, and each fiscal year thereafter, the Controller shall allocate funds authorized for purposes of this chapter on a quarterly basis, beginning October 1 of each year.
(h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met this requirement shall remit unspent SLESF moneys received prior to April 1, 2009, to the Controller for deposit into the General Fund. A local agency that has not met the requirement of this subdivision shall remit unspent SLESF moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, and after April 1, 2012, to the Local Law Enforcement Services Account.
(i) If a county, a city, a city and county, or a qualifying special district does not comply with the requirements of this chapter to receive an SLESA allocation, the Controller shall revert funds that were provided for the noncompliant entity prior to April 1, 2009, to the General Fund. Funds provided for the noncompliant entity after March 1, 2009, shall be reverted to the Local Safety and Protection Account, and after March 1, 2012, shall be reverted to the Local Law Enforcement Services Account.
(j) In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions.

SEC. 7.

 Section 13821 of the Penal Code is amended to read:

13821.
 (a) Of the amount deposited in the Local Safety and Protection Account in the Transportation Fund authorized by Section 10752.2 of the Revenue and Taxation Code, the Controller shall allocate 12.68 percent in the 2008–09 fiscal year and 11.42 percent in the 2009–10 fiscal year, and each fiscal year thereafter, to the California Emergency Management Agency. The Controller shall allocate these funds on a quarterly basis beginning April 1, 2009.
(b) Commencing with the 2011–12 fiscal year, the Controller shall allocate 9 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 to the California Emergency Management Agency. The Controller shall allocate these funds on a quarterly basis beginning on October 1. These funds shall be allocated by the Controller pursuant to a schedule provided by the California Emergency Management Agency which shall be developed according to the agency’s existing programmatic guidelines and the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52 percent in the 2011–12 fiscal year and each fiscal year thereafter.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2 percent in the 2011–12 fiscal year, and each fiscal year thereafter.
(3) The Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48 percent in the 2011–12 fiscal year and each fiscal year thereafter.
(4) The High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.83 percent in the 2011–12 fiscal year, and each fiscal year thereafter.
(5) The Gang Violence Suppression Program authorized by Section 13826.1, shall receive 3.91 percent in the 2011–12 fiscal year and each fiscal year thereafter.
(6) The Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06 percent in the 2011–12 fiscal year and each fiscal year thereafter.
(c) For the 2011–12 fiscal year, the California Emergency Management Agency may be reimbursed up to five hundred eleven thousand dollars ($511,000) from the funds allocated in subdivision (b) for program administrative costs.

SEC. 8.

 Section 1954 of the Welfare and Institutions Code is amended to read:

1954.
 (a) There is no appropriation from the General Fund for the purpose described in subdivision (b) for the 2011–12 fiscal year.
(b) For the 2012–13 fiscal year, and each fiscal year thereafter, an amount shall be transferred from the General Fund to the Youthful Offender Block Grant Fund equal to that amount transferred to the Youthful Offender Block Grant Fund for the 2009–10 fiscal year, as described in subdivisions (a), (b), and (c) of Section 1953.5, adjusted to account for full-year impacts.

SEC. 9.

 Section 10823 of the Welfare and Institutions Code, as amended by Section 13 of Chapter 4 of the Fourth Extraordinary Session of the Statutes of 2009, is amended to read:

10823.
 (a) (1) The Office of Systems Integration shall implement a statewide automated welfare system for the following public assistance programs:
(A) The CalWORKs program.
(B) CalFresh.
(C) The Medi-Cal program.
(D) The foster care program.
(E) The refugee program.
(F) County medical services programs.
(2) Statewide implementation of the statewide automated welfare system for the programs listed in paragraph (1) shall be achieved through no more than four county consortia, including the Interim Statewide Automated Welfare System Consortium, and the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting System.
(3) Notwithstanding paragraph (2), the Office of Systems Integration shall migrate the 35 counties that currently use the Interim Statewide Automated Welfare System (SAWS) into the C-IV system within the following timeline:
(A) Complete Migration System Test and begin User Acceptance Testing on or before June 30, 2009.
(B) Complete implementation in at least five counties by February 28, 2010.
(C) Complete implementation in at least 14 additional counties on or before May 31, 2010.
(D) Complete implementation in all 35 counties on or before August 31, 2010.
(E) Decommission the Interim Statewide Automated Welfare System on or before January 31, 2011.
(4) Notwithstanding paragraph (2), the Office of Systems Integration shall oversee the migration of the 39 counties composing the C-IV Consortium into a system jointly designed by the 39 counties plus Los Angeles County under the LEADER Replacement System contract. This migration shall result in a new consortium to replace the LEADER and C-IV Consortia.
(5) The consortia and the state shall take any action necessary to ensure that the current SAWS maintenance and operations agreements are extended for the LEADER and C-IV Consortia, pending the completion of the LEADER Replacement System and migration of the C-IV Consortium as set forth in paragraph (4), and for the continuation of the Welfare Client Data System Consortium.
(6) Each SAWS consortium shall provide a seat on its governing body for a representative of the state and shall allow for the stationing of state staff at the project site.
(b) Nothing in subdivision (a) transfers program policy responsibilities related to the public assistance programs specified in subdivision (a) from the State Department of Social Services or the State Department of Health Care Services to the Office of Systems Integration.
(c) (1) On February 1 of each year, the Office of Systems Integration shall provide an annual report to the appropriate committees of the Legislature on the statewide automated welfare system implemented under this section. The report shall address the progress of state and consortia activities and any significant schedule, budget, or functionality changes in the project.
(2) The report provided pursuant to this subdivision in 2012 shall also include the projected timeline and key milestones for the development of the LEADER Replacement System and of the new consortium described in paragraph (4) of subdivision (a).
(d) Notwithstanding any other law, the Statewide Automated Welfare System consortia shall have the authority to expend within approved annual state budgets for each system as follows:
(1) Make changes within any line item, provided that the change does not create additional project costs in the current or in a future budget year.
(2) Make a change of up to one hundred thousand dollars ($100,000) or 10 percent of the total for the line item from which the funds are derived, whichever is greater, between line items with notice to the Office of Systems Integration, provided that the change does not create additional project costs in the current or in a future budget year.
(3) Make requests to the Office of Systems Integration for changes between line items of greater than one hundred thousand dollars ($100,000) or 10 percent of the total for the line item from which the funds are derived, which do not increase the total cost in the current or a future budget year. The Office of Systems Integration shall take action to approve or deny the request within 10 days.

SEC. 10.

 Section 17600 of the Welfare and Institutions Code is amended to read:

17600.
 (a) There is hereby created the Local Revenue Fund, which shall have all of the following accounts:
(1) The Sales Tax Account.
(2) The Vehicle License Fee Account.
(3) The Vehicle License Collection Account.
(4) The Sales Tax Growth Account.
(5) The Vehicle License Fee Growth Account.
(b) The Sales Tax Account shall have all of the following subaccounts:
(1) The Mental Health Subaccount.
(2) The Social Services Subaccount.
(3) The Health Subaccount.
(4) The CalWORKs Maintenance of Effort Subaccount.
(c) The Sales Tax Growth Account shall have all of the following subaccounts:
(1) The Caseload Subaccount.
(2) The Base Restoration Subaccount.
(3) The Indigent Health Equity Subaccount.
(4) The Community Health Equity Subaccount.
(5) The Mental Health Equity Subaccount.
(6) The State Hospital Mental Health Equity Subaccount.
(7) The County Medical Services Subaccount.
(8) The General Growth Subaccount.
(9) The Special Equity Subaccount.
(d) Notwithstanding Section 13340 of the Government Code, the Local Revenue Fund is hereby continuously appropriated, without regard to fiscal years, for the purpose of this chapter.
(e) The Local Revenue Fund shall be invested in the Surplus Money Investment Fund and all interest earned shall be distributed in January and July among the accounts and subaccounts in proportion to the amounts deposited into each subaccount, except as provided in subdivision (f).
(f) If a distribution required by subdivision (e) would cause a subaccount to exceed its limitations imposed pursuant to any of the following, the distribution shall be made among the remaining subaccounts in proportion to the amounts deposited into each subaccount in the six prior months:
(1) Subdivision (a) of Section 17605.
(2) Paragraph (1) of subdivision (a) of Section 17605.05.
(3) Subdivision (b) of Section 17605.10.
(4) Subdivision (c) of Section 17605.10.

SEC. 11.

 Section 17600.10 of the Welfare and Institutions Code is amended to read:

17600.10.
 (a) Each county and city and county receiving funds in accordance with this chapter shall establish and maintain a local health and welfare trust fund comprised of the following accounts:
(1) The mental health account.
(2) The social services account.
(3) The health account.
(4) The CalWORKs Maintenance of Effort Subaccount.
(b) Each city receiving funds in accordance with this chapter shall establish and maintain a local health and welfare trust fund comprised of a health account and a mental health account.

SEC. 12.

 Section 17601.20 of the Welfare and Institutions Code is amended to read:

17601.20.
 (a) Notwithstanding any other law, beginning in the 2011–12 fiscal year, except for the funds described in subdivision (c), any funds under this chapter or any other provision of Chapter 89 of the Statutes of 1991 that would have otherwise been deposited into the Mental Health Subaccount subsequent to July 15 shall instead be deposited in the CalWORKs Maintenance of Effort Subaccount.
(b) All of the funds deposited in the CalWORKs Maintenance of Effort Subaccount pursuant to subdivision (a) shall be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants. Each county’s total annual contribution pursuant to this section shall equal the total amount of funds deposited in the county’s CalWORKs Maintenance of Effort Subaccount during that fiscal year. The CalWORKs Maintenance of Effort Subaccount shall not be subject to the transferability provisions of Section 17600.20 and shall not be factored into the calculation of growth allocations pursuant to Article 7 (commencing with Section 17606.05). Each county’s contribution pursuant to this section shall be in addition to the share of cost required pursuant to Section 15200.
(c) There shall be a monthly allocation from the Mental Health Account in the Local Revenue Fund 2011 to the Mental Health Subaccount pursuant to subdivision (a) of Section 30027 of the Government Code.

SEC. 13.

 Section 18220.1 of the Welfare and Institutions Code is amended to read:

18220.1.
 (a) Of the amount deposited in the Local Safety and Protection Account in the Transportation Fund authorized by Section 10752.2 of the Revenue and Taxation Code, the Controller shall allocate 5.85 percent in the 2009–10 fiscal year and each year thereafter. The Controller shall allocate these funds on a quarterly basis beginning April 1, 2009, to the Department of Corrections and Rehabilitation. The department shall allocate the funds appropriated in the annual Budget Act and included in the Local Safety and Protection Account among counties that operate juvenile camps and ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the Corrections Standards Authority rated maximum capacity, as determined by the Corrections Standards Authority.
(b) Commencing with the 2011–12 fiscal year, the Controller shall, on a quarterly basis beginning October 1, allocate 6.47 percent of the funds deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 pursuant to a schedule provided by the Department of Corrections and Rehabilitation. The department’s schedule shall provide for the allocation of funds appropriated in the annual Budget Act, and included in the Local Law Enforcement Services Account, among counties that operate juvenile camps and ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the Corrections Standards Authority rated maximum capacity, as determined by the Corrections Standards Authority.

SEC. 14.

 Section 14 of Chapter 40 of the Statutes of 2011 is amended to read:

Sec. 14.

 For the 2011–12 fiscal year, in accordance with subdivision (e) of Section 30025 of the Government Code, moneys within the Local Revenue Fund 2011 and the Undistributed Account shall, upon order of the Director of Finance, be used to reimburse the General Fund for costs incurred and expenditures made by the state on behalf of any local governmental entity in providing Public Safety Services, as defined in subdivision (i) of Section 30025 of the Government Code, permissible to be paid from the Local Community Corrections Account as described in Section 30025 of the Government Code. For the 2011–12 fiscal year, in accordance with subdivision (e) of Section 30025 of the Government Code, moneys within the Undistributed Account shall, upon order of the Director of Finance, be used to reimburse the General Fund for costs incurred and expenditures made by the state on behalf of any local governmental entity in providing Public Safety Services, as defined in subdivision (i) of Section 30025 of the Government Code.

SEC. 15.

 On or before May 30, 2012, the Department of Finance shall submit a report to the Joint Legislative Budget Committee regarding the funding of the Local Reserve Fund 2011. This report shall include the estimated amount of moneys used to reimburse the state for the 2011–12 fiscal year, and the anticipated use of the moneys in the Undistributed Account.

SEC. 16.

 It is the intent of the Legislature that legislation enacted to implement the 2011 Realignment shall address, as a priority, funding necessary for local public safety to achieve successful outcomes from the implementation of Assembly Bill 109 (Chapter 15 of the Statutes of 2011), and the funding for the child welfare services and foster care programs necessary to achieve critical outcomes, including state and federal performance reviews.

SEC. 17.

 There is hereby appropriated one thousand dollars ($1,000) from the General Fund to the California Emergency Management Agency for program administrative costs incurred in connection with Section 13281 of the Penal Code.

SEC. 18.

 This act addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation on January 20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.

SEC. 19.

 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.