BILL ANALYSIS                                                                                                                                                                                                    






                  SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
                          Denise Moreno Ducheny, Chair
          
          Bill No:       SB 845
          Author:        Committee on Budget and Fiscal Review
          As Amended:    March 18, 2010
          Consultant:    Brian Annis
          Fiscal:        Yes
          Hearing Date:  April 12, 2010
          
           Subject  :  Local Government.

           Summary  :  This bill would amend statute to fully implement  
          the local-government reform provisions of Senate  
          Constitutional Amendment 19 (SCA 19).  This bill, SCA 19,  
          and SB 844, constitute a state and local government reform  
          package that is sponsored by the group California Forward.   
          Among the provisions of this bill, are implementation  
          requirements related to constitutional changes in SCA 19 in  
          the areas of local government planning and accountability,  
          and new local government revenue authority.

           Background  :  
           
          Budget and Local Government Reform.  There have been  
          numerous proposals to reform the budget and State/local  
          government relationships over the past decades.  Historical  
          reform efforts include, but are not limited to the  
          following:
                 Pilot Projects on performance budgeting in four  
               State departments starting in 1993 by then Governor  
               Pete Wilson.
                 Recommendations by the California Constitution  
               Revision Commission that convened from 1994 to 1996 at  
               the direction of statute and made various  
               recommendations regarding the State budget process and  
               alignment of programs between State and local  
               governments.
                 Recommendations by the California Citizens Budget  
               Commission in 1998 that proposed statutory and  
               constitutional changes to the budget process,  
               including reducing the vote requirement for the State  
               budget to a majority vote. 
                 Recommendations in the Governor's 2004 California  
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               Performance Review regarding the State budget process,  
               including a recommendation to adopt a biennial budget  
               and a performance-based budgeting system.

          Reforms implemented in recent years include:
                 Proposition 58 which was passed by voters in 2004  
               requires that the State enact a balanced budget and  
               provides for mid-year actions in the event that the  
               budget falls out of balance.    Proposition 58 also  
               established a special budget reserve called the Budget  
               Stabilization Account and prohibited borrowing to  
               cover budget deficits.
                 Proposition 1A which was passed by the voters in  
               2004 and reduced the State's authority over local  
               finances by restricting the State from reducing or  
               altering the allocation of local sales tax rates.   
               Proposition 1A also restricted the State from shifting  
               property taxes from local government to schools or  
               community colleges and does not allow the State to  
               decrease vehicle license fee revenues to local  
               government without providing replacement funding.   
               Proposition 1A allows the state to redirect local  
               property tax revenue to schools for state General Fund  
               relief only twice in a consecutive ten year period.   
               The redirection is considered a loan which must be  
               repaid within three years with no second redirect  
               allowed until the first is repaid.  

          California Forward Organization.  California Forward is an  
          organization that was created by California Common Cause,  
          the Center for Governmental Studies, the New California  
          Network, and the Commonwealth Club of California's Voices  
          for Reform Project in March 2008.  The organization's main  
          goal is to contribute to improving the quality of life for  
          all Californians by creating a more responsive,  
          representative, and cost-effective government.  This  
          organization is funded by the following foundations:  the  
          California Endowment, the Evelyn and Walter Haas Jr. Fund,  
          the William and Flora Hewlett Foundation, the James Irvine  
          Foundation, and the David and Lucile Packard Foundation.  

          California Forward started in 2008 a process of  
          consultation and engagement with the public and community  
          leaders regarding a government reform agenda.  They have  
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          made hundreds of presentations, consulted with hundreds of  
          community leaders, conducted focus groups and public  
          opinion research in the development of a reform agenda that  
          includes budget process reform and local government reform.  
           California Forward submitted to the Attorney General  
          ballot initiatives to implement the reform aimed at the  
          November 2010 ballot.

          Local Authority to Impose Sales and Use Taxes.  Currently,  
          local governments have the authority to increase sales and  
          use taxes to support local programs up to certain maximum  
          levels defined in state law.  The constitution sets voter  
          approval thresholds depending on how the tax proceeds would  
          be used.  If the tax would be directed to a special or  
          designated purpose, such as transportation improvements,  
          the tax requires approval by two-thirds of local voters.   
          If the tax would be directed to general purposes, the tax  
          requires approval by a majority of voters. 

           Proposed Law:    
           
          Countywide Strategic Action Plans.  This bill specifies the  
          process for local governments to create a Countywide  
          Strategic Action Plan, and describes the required  
          components of the plan, including the following. 
           The plan would begin with a majority vote of the county  
            board of supervisors to initiate the development of the  
            plan.  The plan is discretionary - it is not a local  
            mandate.
           The plan would be developed through a public process and  
            require that the county consult with local agencies  
            responsible for services such as education, public  
            safety, and public health.
           The plan would include a declaration of community goals  
            and desired outcomes, as well as an inventory of existing  
            programs, and assessment of their effectiveness, and an  
            inventory of the state agencies whose cooperation and  
            assistance is necessary to implement the plan.
           The plan would include strategies for addressing goals,  
            problems and inefficiencies identified in the plan, and a  
            mechanism for measuring the progress toward these goals.
           The plan may include a plan to expend new revenue from a  
            locally-imposed sales tax increase, should that tax be  
            forwarded to voters and approved by a majority vote (see  
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            below for further explanation of the local tax  
            authority).
           The completed plan would be adopted by a county board of  
            supervisors.  

          New Local Tax Authority.  In a county where a Countywide  
          Strategic Action Plan is approved, the associated  
          constitutional amendment would allow a county to increase  
          the sales and use tax by up to 1-cent with a majority vote  
          of the electorate.  The new tax authority would work as  
          follows:
           For a county that adopts a Countywide Strategic Action  
            Plan that includes new sales tax revenue, the county  
            board of supervisors may, by a simple majority vote,  
            place before the voters a measure to increase the sales  
            and use tax in that county by up to one cent.  The tax  
            increase would require a majority vote of the people for  
            implementation.
           Fifty percent of revenue raised from the new tax would go  
            to school districts within the county on the basis of  
            each school district's average daily attendance.  The  
            county could alternatively redirect other tax revenue,  
            such as property tax, to schools instead, but the net new  
            funding for schools would have to equal an amount  
            equivalent to 50 percent of the new tax revenue.  The new  
            funds directed to schools could not be considered in  
            calculating the state's portion of the school district's  
            revenue limit funding.
           The state would be prohibited from reducing subventions  
            to the participating local government agencies in  
            response to any tax approved pursuant to this measure and  
            the related constitutional amendments.
           An approved sales and use tax increase would remain in  
            place for 10 years, unless a county board of supervisors  
            agreed to dissolve or amend the plan earlier.  The county  
            board of supervisors may vote to extend the tax for  
            additional 10-year periods, but any extension would  
            require a new vote of the electorate.

          Provisions Dependent on Enactment of related Constitutional  
          Amendment.  The provisions of this bill are dependent on a  
          voter approval of the related constitutional amendment.
          
           Fiscal Effect  :    
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           Direct Fiscal Effects.  If the new local sales tax  
          authority was maximized - if voters in all counties  
          approved a full 1-cent sales tax increase - approximately  
          $5 billion in new annual revenues would be created for  
          local government expenditures.  Half of the new revenue  
          would augment school funding and the rest would be  
          allocated to local governments within a county on the basis  
          of the Countywide Strategic Action Plan.  
          
           Source  :  California Forward
          
           Support  :  

          Organizational Endorsements for SB 845:
          AARP
          State Building and Construction Trades Council of  
          California
          Sierra Business Council
          Monterey County Business Council
          San Joaquin County Business Council
          Fresno Business Council
          Greenlining Institute
          California Church IMPACT
          Yolo County Board of Supervisors
          San Gabriel Valley Economic Partnership
          California Alliance of Child and Family Services
          Kern County Taxpayers Association
          Progressive Christians Uniting
          WELL Network

          Organizational Endorsements for the California Forward 2010  
          Reform Principles:
          Inland Empire Economic Partnership
          Orange County Business Council
          San Carlos Chamber of Commerce
          California Senior Advocates League
          San Francisco Chamber of Commerce
          California La Raza Lawyers Association

          Individuals:
          Jane Affonso, Redondo Beach
          Ernest and Hannah Biberstein, Davis
          Jerry Brown, Chatsworth
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          Margaret Fertschneider, Atascadero
          Elaine Holder, San Luis Obispo
          Jeanette McNeely, San Jose
          Merilie Robertson, Canoga Park
          Dennis Quirin, Oakland

           Opposed  :  
          California Taxpayers'Association
          Mayor Joe Esquiel, On behalf of the Lakewood City Council

           Staff Comments  :  
          
            1.     The Countywide Strategic Action Plan would provide  
                 a new forum for local governments to work together  
                 to develop strategies to achieve common community  
                 goals.  It would track progress toward those goals,  
                 which may improve performance management at the  
                 local level.  Since the County Strategic Action Plan  
                 would not be a local mandate, some counties may  
                 choose not to participate.  However, if a county  
                 board of supervisors was interested in pursuing the  
                 new sales tax authority, the plan would need to be  
                 completed.

            2.     The new tax authority in the proposed  
                 constitutional amendment and this measure would make  
                 it easier for county voters to approve an increase  
                 in the sales tax compared to the existing two-thirds  
                 vote requirement in the Constitution for special  
                 taxes.  The Legislative Analyst examined 2004 local  
                 sales tax measures and found that votes approved  
                 one-third of them.  If the voter approval threshold  
                 for these taxes had been 50 percent, instead of 67  
                 percent, another one-third would have been approved.  
                  Based on past behavior of local governments and  
                 local voters, it is unlikely the tax increase would  
                 be implemented in all counties, and where  
                 implemented, it might not be set at the maximum  
                 1-cent level.  New local tax revenue might be  
                 expected to be more in the range of $1 billion  
                 instead of the maximum of $5 billion.


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