BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 168
                                                                  Page  1

          Date of Hearing:   May 3, 2011
          Counsel:                Milena Nelson


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                  AB 168 (Gorell) - As Introduced:  January 20, 2011
           

          SUMMARY  :   Appropriates $506.4 million from the General Fund to 
          be deposited in the Local Safety and Protection Account.  The 
          amount is to be appropriated for the 2011-12 fiscal year, and 
          each subsequent fiscal year.  

          EXISTING LAW  :

          1)Established the Local Safety and Protection account, to be 
            funded by an increase in the vehicle license fee.  (Revenue 
            and Tax Code Section 10752.2.)

          2)States that 6.26 % of funds from the Local Safety and 
            Protection account shall be used to provide funding for local 
            detention facilities.  (Government Code Section 29553.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "In February 
            2009, the Legislature and Governor temporarily increased the 
            Vehicle License Fee by 0.65 percent and directed 0.15 percent 
            of the increase to the Local Safety and Protection Account.  
            This account provides funding for many different aspects of 
            local law enforcement, including juvenile justice and 
            probation activities, juvenile camps and ranches, and programs 
            that combat drug use, sexual assaults, gang activity, and 
            technology theft.

          "Due to the current budget impasse, we will not be able to get 
            the tax extensions on the ballot before the vehicle license 
            fee increase expires this July.  Recognizing the importance of 
            funding local law enforcement services that keep Californians 
            safe, AB 168 will continue funding the Local Safety and 
            Protection Account after the additional vehicle license fee 








                                                                  AB 168
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            expires.  AB 168 creates a one-time appropriation of just over 
            $500 million from the state's general fund to support the 
            current local law enforcement activities that would otherwise 
            be interrupted with the scheduled sunset of the state vehicle 
            license fee.

          "Many entities across California, such as the Farm Bureau 
            Federation, local law enforcement, and local community groups 
            have put their support behind AB 168, recognizing that 
            critical services will be jeopardized when there is no funding 
            available in July.  For example, the Farm Bureau explains that 
            the Local Safety and Protection Account provides funding for 
            necessary crime prevention programs.  California farmers and 
            ranchers are dealing with an increasing rate of theft and 
            illegal dumping.  In 2010, rural crimes cost farmers and 
            ranchers $20 million in just the areas included in the rural 
            crime prevention programs.

          "Although this bill is just a temporary solution, AB 168 is 
            needed for the ongoing functionality of core services and 
            responsibilities of law enforcement.  Moving forward with 
            budget discussions and potential realignment of state services 
            to counties, we need to find a stable funding source for these 
            important public safety programs.  Fully funding the Local 
            Safety and Protection Account ensures that our communities are 
            protected and safe, even during tough economic times."

           2)California's $25 Billion Budget Deficit:   According to the 
            Legislative Analyst's Office, "Our forecast of California's 
            General Fund revenues and expenditures shows that the state 
            must address a budget problem of $25.4 billion between now and 
            the time the Legislature enacts a 2011-12 state budget plan.  
            The budget problem consists of a $6 billion projected deficit 
            for 2010-11 and a $19 billion gap between projected revenues 
            and spending in 2011-12.

          "2010-11 Deficit.  We assume that the state will be unable to 
            secure around $3.5 billion of budgeted federal funding in 
            2010-11.  This assumption is a major contributor to the $6 
            billion year-end deficit we project for 2010-11.  We also 
            project higher-than-budgeted costs in prisons and several 
            other programs.  In addition, our forecast assumes that 
            passage of Proposition 22 will prevent the state from 
            achieving about $800 million of budgeted solutions in 2010-11.









                                                                  AB 168
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          "2011-12 Deficit.  The temporary nature of most of the 
            Legislature's 2010 budget-balancing actions and the painfully 
            slow economic recovery contribute to the $19 billion projected 
            operating deficit in 2011-12.  This gap is $2 billion less 
            than we projected one year ago.  Actions taken during the 
            2010-11 budget process to reduce Proposition 98 education 
            spending are a major contributor to the decline.

          "Ongoing Annual Budget Problems of $20 Billion Persist.  Similar 
            to our forecast of one year ago, we project annual budget 
            problems of about $20 billion each year through 2015-16. In 
            2012-13, when the state must repay its 2010 borrowing of local 
            property tax revenues and the full effect of Propositions 22 
            and 26 hit the state's bottom line, our forecast shows the 
            operating deficit growing to $22.4 billion.  Because our 
            methodology generally assumes no cost-of-living adjustments, 
            our projections probably understate the magnitude of the 
            state's fiscal problems during the forecast period.

          "Key Choice:  Painful Decisions Now . . . or Pass Problems to 
            Future Californians.  Too often, discussions of California's 
            budget situation are framed in extreme terms:  the state about 
            to go 'bankrupt,' debt-service payments hypothetically poised 
            to default, the state government on the verge of collapse.  
            None of these scenarios is remotely likely to occur.  History 
            tells us that the state can find ways to temporarily 'patch 
            over' its annual budget problems in ways that prove 
            sufficiently palatable to policy makers of both major parties. 
             Periodically, large influxes of capital gains allow for 
            temporary relief, and this too aids in patching over the 
            state's now-recurrent budget challenges.  The Legislature and 
            the new Governor will be tempted in the next few years to 
            continue patching over the budget problems with temporary 
            fixes.  Unless plans are put in place to begin tackling the 
            ongoing budget problem, it will continue to be difficult for 
            the state to address fundamental public sector goals-such as 
            rebuilding aging infrastructure, addressing massive retirement 
            liabilities, maintaining service levels of high-priority 
            government programs, and improving the state's tax system.  
            Accordingly, the state faces a basic choice:  begin to address 
            today's huge, frustrating budget problems now . . . or defer 
            the state's budgetary and policy problems to future 
            Californians."

           REGISTERED SUPPORT / OPPOSITION  :   








                                                                  AB 168
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           Support 
           
          Association for Los Angeles Deputy Sheriffs
          California District Attorneys Association
          California Farm Bureau Federation 
          California Peace Officers Association
          California Police Chiefs Association
          California State Sheriffs' Association
          County of Los Angeles
          Riverside Sheriffs' Association
          State Coalition of Probation Organizations

           Opposition 
           
          None
           

          Analysis Prepared by  :    Milena Nelson / PUB. S. / (916) 
          319-3957