BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 118|
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THIRD READING
Bill No: AB 118
Author: Assembly Budget Committee
Amended: 6/28/11 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Budget Act of 2011: Public Safety Realignment
SOURCE : Author
DIGEST : This bill provides the statutory framework,
allocation methodology, and the majority of the dedicated
revenue to implement the Governors Public Safety
Realignment. This bill and SB 89/AB 108 provide funding of
$5.6 billion to support local public safety
responsibilities being realigned from the state to local
governments. By 2014-15, this dedicated revenue is
expected to grow to $6.8 billion, allowing for over $1
billion in potential funding to support these programs and
commensurate county costs.
NOTE: According to the Administration, the allocations
stipulated in this bill were developed in consultation with
the California State Association of Counties.
Senate Floor Amendments of 6/28/11 delete the prior version
of the bill expressing the intent of the Legislature to
enact statutory changes relating to the 2011 Budget Act and
place current language relevant to the public safety
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realignment into it.
ANALYSIS : This bill implements the 2011 Public Safety
Realignment, which transfers $5.6 billion in state fiscal
responsibilities for public safety programs to local
governments. This bill also creates the account structure
and allocations for some of this funding and redefines
1.0625 of the state sales and use tax as a local sales and
use tax to support $5.1 billion of the realignment for the
2011-12 fiscal year. Specifically, this bill does the
following:
1. Defines public safety services to be realigned from the
state to local governments as follows:
A. Employing public safety officials, prosecutors,
public defenders, and court security staff.
B. Managing local jails, housing and treating
youthful offenders, and providing services for, and
overseeing the supervised release of, offenders.
C. 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.
D. Providing mental health services to children and
adults in order to reduce the failure in school, harm
to themselves and others, homelessness, and
preventable incarceration.
E. Preventing, treating, and providing recovery
services for alcohol and drug abuse.
2. Dedicates 1.0625 percent of the sales and use tax to the
Local Revenue Fund 2011, a continuously appropriated
fund, to be used exclusively for public safety services
realigned from the state to local governments. In
2011-12, this percent is projected to generate $5.1
billion to support public safety realignment.
3. Creates a Local Revenue Fund 2011 in the State Treasury
that will receive revenues from 1.0625 percent of the
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sales and use tax and from vehicle license fee revenues
redirected from the Department of Motor Vehicles,
cities, and Orange County, and other moneys that may be
appropriated to this fund. Funds deposited in this
account shall be continuously appropriated. This bill
also creates the following subaccounts within the Local
Revenue Fund 2011:
A. Trial Court Security Account.
B. Local Community Corrections Account.
C. Local Law Enforcement Services Account.
D. Mental Health Account.
E. District Attorney and Public Defender Account.
F. Juvenile Justice Account, including the Youthful
Offender Block Grant Subaccount and the Juvenile
Reentry Grant Subaccount.
G. Health and Human Services Account, including the
Adult Protective Services Subaccount, the Foster Care
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 Non Drug Medi-Cal Substance Abuse
Treatment Services Subaccount, and the Drug Medi-Cal
Subaccount.
Funds deposited in the Local Revenue Fund 2011 shall be
used exclusively for public safety services and shall be
available to reimburse the General Fund for moneys that
are advanced to the Local Revenue Fund 2011. The funds
in the Local Revenue Fund 2011 shall also be available
to pay the state costs incurred resulting from phasing
in the implementation of AB 109 (Assembly Budget
Committee), Chapter 15, Statutes of 2011.
4. Requires each appropriate local government entity to
create a County Local Revenue Fund 2011. Within the
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County Local Revenue Fund 2011 the appropriate local
government entity shall create the following accounts:
A. Local Community Corrections Account
B. Trial Court Security Account
C. District Attorney and Public Defender Account
D. Juvenile Justice Account
E. Health and Human Services Account
F. Supplemental Law Enforcement Account
The moneys in the County Local Revenue Fund shall be
used exclusively for public safety services. The money
in the accounts and the various subaccounts is
restricted for specific purposes as defined in this
bill.
5. Creates a Community Corrections Grant Program for the
purposes of funding AB 109 (Assembly Budget Committee),
Chapter 15, Statutes of 2011 as of October 1, 2011. The
moneys in the Local Community Corrections Account within
the Local Revenue Fund 2011 shall be used to fund the
grant program.
6. Any costs determined to be mandates by the Commission on
State Mandates must be first paid for out of the County
Local Revenue Fund 2011 to the fullest extent possible.
7. Allocates realignment funds deposited in the Local Law
Enforcement Services Account consistent with how vehicle
license fee (VLF) local public safety programs were
funded in 2010-11 when programs were supported from the
proceeds of the 0.15 of the VLF, excluding the Vertical
Prosecution Grant Program.
8. Allocates the anticipated revenues from the sales and
use tax ($5.1 billion) to the Local Revenue Fund 2011.
Allocates the anticipated revenues from the vehicle
license fee to the Local Law Enforcement Services
Account. However, also specifies that no more than
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$489.9 million shall be allocated out of the Local Law
Enforcement Services Account for the 2011-12 fiscal
year.
9. Specifies the timing of the allocation of funds to each
account and the allocation among counties. Also states
that it is the intention that allocations for many
accounts including the Local Law Enforcement Services
Account, the Juvenile Justice Account, and the Health
and Human Services Account be allocated in the same
manner as funding for these programs would have been
allocated in the 2011-12 fiscal year if not for the
passage of the realignment act.
10.Modifies the Community Oriented Policing Services and
Juvenile Justice Crime Prevention Act funding to ensure
that allocations continue consistent with current law,
but are payable from the Local Law Enforcement Services
Account within the Local Revenue Fund 2011. Also makes
technical adjustments to ensure a mechanism for
providing full funding for this program in the 2010-11
fiscal year. Chapter 21, Statutes of 2011, temporarily
reduced VLF revenue while final decisions were made on
whether to maintain existing rates prior to July 1,
2011.
11.Converts existing court security fee to a fee to assist
in funding court operations. These funds are deposited
in the Trial Court Trust Fund and will continue to
support court operations. The full funding required to
support costs associated with sheriffs providing court
security in the trial courts is being realigned to the
counties in this bill so this fee revenue is no longer
needed for that purpose.
12.Dedicates funding provided to the 1991 Mental Health
Subaccount to the 1991 Social Services Account for the
purposes of paying an additional share of California
Work Opportunity and Responsibility to Kids grant costs.
The local mental health program costs would be
supported by 2011 Realignment funds deposited in the
Mental Health Account created by this bill.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
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Local: Yes
DLW:kc 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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