BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                    AB 99|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 99
          Author:   Assembly Budget Committee 
          Amended:  3/14/11 in Senate 
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT

           SENATE BUDGET & FISCAL REVIEW COMMITTEE  :  11-5, 3/16/11
          AYES:  Leno, Alquist, DeSaulnier, Evans, Liu, Lowenthal, 
            Rubio, Simitian, Wright, Hancock, Wolk
          NOES:  Huff, Emmerson, Fuller, Anderson, La Malfa

           SENATE FLOOR  :  36-3, 3/16/11
          AYES:  Alquist, Berryhill, Blakeslee, Calderon, Cannella, 
            Corbett, De León, DeSaulnier, Dutton, Emmerson, Evans, 
            Fuller, Gaines, Hancock, Hernandez, Huff, Kehoe, La 
            Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, 
            Padilla, Pavley, Price, Rubio, Runner, Simitian, 
            Steinberg, Strickland, Vargas, Wolk, Wright, Wyland, Yee
          NOES:  Anderson, Correa, Harman
          NO VOTE RECORDED:  Walters

          ASSEMBLY FLOOR:  57-18, 3/16/11 - See last page for vote


           SUBJECT  :    Budget Act of 2011:  Children and Families 
          Health Services 

           SOURCE  :     Author


           DIGEST  :    This bill provides for $1 billion to be 
                                                           CONTINUED





                                                                 AB 99
                                                                Page 
          2

          deposited into The Children and Families Health and Human 
          Services Fund from funds established under the California 
          Children and Families Act for fiscal year 2011-12 only, and 
          is necessary to enact provisions contained in the Budget 
          Bill for 2011-12.

           Senate Floor Amendments  of 3/14/11 delete the prior version 
          of the bill and insert the current language regarding The 
          Children and Families health and Human Services Fund.

           ANALYSIS  :    

           Existing Law

           Created in 1998, upon voter approval of Proposition 10, the 
          California Children and Families First Act established a 
          Cigarette Tax (50 cents a pack), of which 80 percent is 
          allocated to County Commissions and 20 percent is allocated 
          to the State Commission.  Funds are spent for child 
          development services for children aged five and under.  
          Programs and services are very diverse.  

          Currently, unspent funds are carried over for use in 
          subsequent fiscal years.  According to the Department of 
          Finance (DOF), over time, both the State Commission and 
          County Commissions fund balances have grown.  

          This bill:

           1.Expresses Legislative Intent.   This language notes that 
            California is presently experiencing a severe fiscal 
            crisis which has resulted in funding shortfalls for many 
            services that serve children.  

            It notes that as other funding sources have become 
            increasingly unavailable, and counties throughout the 
            state have been forced to eliminate essential health and 
            human services to children that have historically been 
            paid for with state funds.  However, although many county 
            children and families commissions maintain substantial 
            balances in their local children and families trust 
            funds, they are unable to use Proposition 10 funds to 
            make up the shortfall in these programs because of the 
            Act's prohibition against supplanting existing levels of 

                                                           CONTINUED





                                                                 AB 99
                                                                Page 
          3

            service.  

            Consequently, these services, if provided at all, are 
            provided to a fraction of the children who need them.  
            This prohibition is therefore resulting in service levels 
            and outcomes that are contrary to the intent of 
            Proposition 10.

            Dedicating this funding for health services for children, 
            through the age of five years, furthers the purposes of 
            the California Children and Families Act of 1998 by 
            ensuring the promotion of early childhood development 
            through the provision of core health services.

            Legislation to authorize the transfer of a specified 
            amount of funding from state and local children and 
            families trust funds in times of fiscal emergency, to 
            fund essential health and human services for children 
            from birth to five years of age, when no other funding is 
            available for these purposes, would not result in 
            supplanting existing levels of service in circumstances 
            where these services are no longer being funded at all.  
            Rather, requiring Proposition 10 funds to be used in this 
            manner would help counties to achieve the act's overall 
            objective of promoting, supporting, and optimizing early 
            childhood development.

           2.Creates Fund.   This bill creates The Children and 
            Families Health and Human Services Fund in the State 
            Treasury.  It is to be used, upon appropriation by the 
            Legislature, to provide health and human services, 
            including but not limited to, direct health care services 
            to children from birth through five years of age.

           3.One-Time Transfer.   This bill provides for deposits of $1 
            billion to be made in The Children and Families Health 
            and Human Services Fund for 2011-12.  Of this amount, (a) 
            $50 million will be from accounts, including reserve 
            funds as specified, under the State Commission; and (b) 
            $950 million will be from combined balances, including 
            reserves as specified, under the County Commissions.

            Each County Commission that is not exempt shall provide 
            their deposit to The Children and Families Health and 

                                                           CONTINUED





                                                                 AB 99
                                                                Page 
          4

            Human Services Fund by 
            June 30, 2012.  No 2012-13 allocation to a County 
            Commission shall occur prior to the full payment being 
            made.

           4.Exemptions.   County Commissions that received less than 
            $600,000 in California Children and Families Trust Fund 
            revenues in the 2009-10 fiscal year are exempt from 
            making any transfer to The Children and Families Health 
            and Human Services Fund.

           Comment
           
          The Budget Bill contains an appropriation of $1 billion 
          from The Children and Families Health and Human Services 
          Fund to offset $1 billion in General Fund support for the 
          Medi-Cal Program for health care services provided to 
          children from birth to five years of age.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           ASSEMBLY FLOOR  :  57-18, 3/16/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, 
            Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Skinner, Smyth, Solorio, Swanson, Torres, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Garrick, Gorell, Hagman, Halderman, Harkey, Jeffries, 
            Knight, Logue, Mansoor, Miller, Morrell, Valadao, Wagner
          NO VOTE RECORDED:  Grove, Jones, Nestande, Silva, Vacancy


          CTW:mw  3/17/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

                                ****  END  ****

                                                           CONTINUED





                                                                 AB 99
                                                                Page 
          5

          












































                                                           CONTINUED