BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 851
                                                                  Page  1

          Date of Hearing:   April 22, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 851 (Brownley) - As Introduced:  February 26, 2009 

          Policy Committee:                              Education  
          Vote:11-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires, as of the 2010-11 fiscal year, existing  
          school district revenue limit adjustments for Meals for Needy  
          Pupils and minimum teacher salaries to be rolled into the base  
          revenue limit per unit of average daily attendance (ADA) for  
          each district.  This measure also requires unemployment  
          insurance (UI) funding and adjustments related to the Orange  
          County bankruptcy proceedings and inter-district attendance to  
          be calculated as a fixed adjustment and included in each school  
          district's total revenue limit funding.  

           FISCAL EFFECT  


          1)No direct fiscal impact. As proposed, this bill makes two  
            different calculations for the purpose of rolling adjustments  
            into school districts' base revenue limit funding. The main  
            difference between these two calculations is that one set of  
            adjustments historically has received a cost-of-living  
            adjustment (COLA) (i.e., Meals for Needy Pupils and minimum  
            teacher salaries) while the other set has not (i.e., UI,  
            Orange County bankruptcy, and inter-district attendance). The  
            issue of the COLA would generally factor into an increase in  
            funding; however, because the calculation for UI, Orange  
            County, etc. is made after the base revenue limit is  
            calculated, increased funding will not occur. 



          2)The 2009 Budget Act reduces revenue limit funding by a total  
            of 3% ($1.2 billion GF/98), including a 2.5% ($943.8 million  








                                                                  AB 851
                                                                  Page  2

            GF/98) reduction in the current year (2008-09 fiscal year)  
            that is carried forward.  SB 4xxx (Committee on Fiscal  
            Review), Chapter 12, Statutes of 2009, also eliminated the  
            revenue limit COLA (.7% or $247 million) provided to school  
            districts and county offices of education in the 2008 Budget  
            Act.    


           COMMENTS  

           1)Purpose  .  In December 2003, the Legislative Analyst's Office  
            (LAO) released a report entitled: The Distribution of K-12  
            General Purpose Funds. This report states that on average, the  
            adjustments to base revenue limits add a relatively small  
            amount of general purpose funding. It further contends that  
            because the distribution of funds provided by the adjustments  
            is so uneven, the distribution of general purpose funds  
            provided through the revenue limit formula varies considerably  
            more than base revenue limits. 


            The LAO report also demonstrated that all of the revenue limit  
            adjustments play a role in the final amount of general purpose  
            funds received by districts. High-funded districts usually  
            receive large amounts through the base revenue limit, excess  
            property taxes, or Meals for Needy Pupils. Low-funded  
            districts tend to receive small amounts through all of the  
            adjustments or have a large Public Employee Retirement System  
            reduction.


            This bill attempts to simplify the distribution of revenue  
            limit funding by rolling in specified revenue limit  
            adjustments into the base. 


           2)Revenue limit funding  is the single largest source of support  
            for K-12 school districts and county offices of education,  
            accounting for $34.3 billion in the 2009 Budget Act.  Of this  
            amount, $21.3 billion is GF/98 and $13 billion is local  
            property tax funding. Revenue limits were initially developed  
            30 years ago as a means of constraining growth in high revenue  
            districts. After Proposition 13, the state used the revenue  
            limit system to establish state funding levels. 









                                                                  AB 851
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            There are approximately 11 elements of revenue limit funding,  
            including the Meals for Needy Pupils program, and Minimum  
            Teacher Salary program. 


           3)Previous legislation  .  AB 599 (Mullin), substantially similar  
            to this measure, was vetoed by the Governor in September 2008,  
            with the following message: 

            "While this bill attempts to simplify an overly complex  
            education finance system, this bill has several technical  
            concerns in the way it was drafted. I am concerned that the  
            consolidated "add-on" may not be revenue neutral, as the  
            author intended, since various factors could result in  
            unanticipated General Fund costs or savings in future years.  
            Furthermore, the bill as crafted may diminish the incentives  
            for districts to offer longer instructional time."

            The measure before this committee attempts to address the veto  
            message by eliminating the consolidation of the instructional  
            time incentives in revenue limit funding.  



           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081