BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 253                      HEARING:  6/22/11
          AUTHOR:  Smyth                        FISCAL:  Yes
          VERSION:  6/14/11                     TAX LEVY:  No
          CONSULTANT:  Weinberger               

                          LOCAL ACCOUNTING PROCEDURES 
          

          Requires the State Controller to prescribe uniform 
          accounting procedures for cities. 


                           Background and Existing Law  

          The State Controller must, in consultation with the 
          Committee on County Accounting Procedures, prescribe 
          uniform accounting procedures for counties (AB 2290, 
          Bradley, 1959).  The Committee on County Accounting 
          Procedures consists of 10 members appointed by the State 
          Controller, including five county auditors, three county 
          administrative officers, and two county supervisors.  
          Committee members serve without compensation, at the 
          pleasure of the Controller.  They are reimbursed by their 
          counties for expenses incurred in attending Committee 
          meetings.  The uniform accounting procedures for counties 
          must:
                 Conform to Generally Accepted Accounting Principles 
               (GAAP),
                 Be adopted under statutes governing administrative 
               rulemaking and regulations,
                 Be published in the California Code of Regulations, 
               and
                 Be approved by a majority vote of the members of 
               the Committee on County Accounting Procedures. 

          The State Controller must, in consultation with a local 
          government advisory committee, prescribe uniform accounting 
          procedures for most special districts (SB 663, Bradley & 
          Nisbet, 1963).  The advisory committee consists of seven 
          local government officers appointed by the State 
          Controller.  The uniform accounting procedures for special 
          districts must:
                 Be adopted under statutes governing administrative 
               rulemaking and regulations,




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                 Be published in the California Code of Regulations, 
               and
                 Be approved by a majority vote of the advisory 
               committee. 

          State law does not require the Controller to prescribe 
          uniform accounting procedures for cities.  The State 
          Controller wants the Legislature to require his office to 
          create uniform accounting procedures for cities in 
          consultation with a newly created Committee on City 
          Accounting Procedures.
                                   Proposed Law  

          Assembly Bill 253 requires the Controller, in collaboration 
          with the Committee on City Accounting Procedures, to 
          prescribe for cities uniform accounting and reporting 
          procedures conforming to generally accepted accounting 
          principles. The Controller must adopt these as 
          administrative regulations and publish them in the 
          California Code of Regulations.

          AB 253 creates a Committee on City Accounting Procedures, 
          which consists of 10 members appointed by, and who serve at 
          the pleasure of, the State Controller. Five members must be 
          city finance officers, three members must be city managers, 
          one member must be a certified public accountant 
          recommended by the California Society of Certified Public 
          Accountants, and one member must be an officer from a rural 
          city, as defined.  Committee members serve without 
          compensation, but can receive traveling and other expenses. 
           The expenses for the city financial officers, city 
          managers, and the member from a rural city must be paid by 
          the city of which the member is an officer.  The expenses 
          for the certified public accountant must be paid by the 
          California Society of Public Accountants.  The Controller 
          must designate a member of the Committee to serve as 
          chairperson. The Committee meets at the call of the 
          chairperson and each member must be given written notice of 
          a meeting at least 10 calendar days prior to the date of 
          the meeting.  The Committee may discuss topics that include 
          financial transaction reports.

          The bill makes technical and conforming changes to the 
          statute requiring the Controller to develop uniform 
          accounting and reporting procedures for most special 
          districts and to a statute specifying information that must 





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          be included in local government agencies' financial reports 
          to the State Controller.


                               State Revenue Impact
           
          No estimate.


                                     Comments  

          1.   Purpose of the bill  .  To ensure that financial data 
          that cities report to the State Controller are accurate, 
          understandable, and useful for analyzing municipal 
          finances, the State Controller wants to prescribe uniform 
          accounting procedures for all cities.  Without uniform 
          standards, cities' reported financial information is hard 
          to interpret and compare because accounts, revenues, or 
          expenditures that have similar labels in different cities 
          may actually be very different in their structure and 
          content.  By requiring the Controller to develop uniform 
          standards in collaboration with an advisory commission 
          largely comprised of city officers, AB 253 ensures that the 
          standards will reflect cities' diverse financial accounting 
          priorities and needs.  By largely replicating the 
          decades-old state laws that require the Controller to 
          prescribe uniform accounting procedures for counties and 
          special districts, AB 253 benefits the public by making 
          fiscal information reported by cities more consistent and 
          reliable.

          2.   In a bind  .  Some city officials worry that the 
          regulations required by AB 253 will be too prescriptive.  
          In response, the Controller's staff notes that its 
          collaborative efforts to develop guidelines and regulations 
          for counties and special districts haven't produced overly 
          prescriptive regulations governing those accounting 
          practices.  Nearly 20 years after the Legislature required 
          the Controller to develop uniform guidelines for counties 
          and districts, California voters amended the California 
          Constitution to require the State to reimburse a local 
          government whenever the Legislature or any state agency 
          mandates a new program or higher level of service on any 
          local government, with three exceptions:
                 Legislative mandates requested by the local agency 
               affected.





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                 Legislation defining a new crime or changing an 
               existing definition of a crime.
                 Legislative mandates enacted before January 1, 
               1975, or executive orders or regulations initially 
               implementing legislation enacted prior to January 1, 
               1975.
          (Proposition 4, 1979)

          Although AB 253 doesn't directly impose a new mandate on 
          cities, cities could seek state reimbursement for their 
          costs of complying with the Controller's new regulations.  
          To avoid potential costs from mandate reimbursements, the 
          Committee may wish to consider amending AB 253 to specify 
          that uniform accounting procedures for cities developed 
          under the bill's provisions are non-binding guidelines 
          rather than binding regulations.


                                 Assembly Actions  

          Assembly Local Government Committee:  9-0
          Assembly Appropriations Committee:17-0
          Assembly Floor:                    77-0


                         Support and Opposition  (6/16/11)

           Support  :  State Controller John Chiang; Howard Jarvis 
          Taxpayers Association.

           Opposition  :  Unknown.