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