BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON ELECTIONS 
                         AND CONSTITUTIONAL AMENDMENTS
                           Senator Lou Correa, Chair


          BILL NO:   AB 1021             HEARING DATE:6/21/11
          AUTHOR:    GORDON              ANALYSIS BY:Frances Tibon 
          Estoista
          AMENDED:   5/19/11
          FISCAL:    YES
          
                                     SUBJECT

           Ballot measures:  fiscal analysis

                                   DESCRIPTION  
          
           Existing law  establishes a process for the Attorney General 
          (AG) to prepare a summary of the chief purposes and points 
          of a proposed initiative measure. 

           Existing law  requires the AG to provide a copy of the title 
          and summary to the Secretary of State (SOS) within 15 days 
          after receipt of the final version of a proposed initiative 
          measure, or if a fiscal estimate or opinion is to be 
          included, within 15 days after receipt of the fiscal 
          estimate or opinion prepared by the Department of Finance 
          (DOF) and the Joint Legislative Budget Committee (JLBC).

           Existing law  requires the AG to include in the circulating 
          title and summary, in boldface print, either the fiscal 
          estimate of the amount of any increase or decrease in 
          revenues or costs to the state or local government prepared 
          by the DOF and the JLBC, or an opinion as to whether or not 
          a substantial net change in state or local finances would 
          result if the proposed initiative is adopted.
           
          Existing law  requires the Legislative Analyst to prepare an 
          impartial analysis of each proposed measure describing the 
          measure and including a fiscal analysis of the measure 
          showing the amount of any increase or decrease in revenue 
          or cost to state or local government. 

           Existing law  provides that if a proposed measure is 
          estimated to result in increased cost to the state, the 
          estimate of those costs be set out in boldface print in the 









          ballot pamphlet.

           Existing law  requires the ballot pamphlet to contain a 
          section, prepared by the Legislative Analyst, located near 
          the front of the pamphlet, that provides a concise summary 
          of the general meaning and effect of "yes" and "no" votes 
          on each state measure.
           
          This bill  requires additional fiscal information be 
          included in the  circulating title and summary  prepared by 
          the AG and the summary statements prepared by the 
          Legislative Analyst for a proposed initiative measure.  
          Specifically, this bill requires the JLBC and the DOF to 
          provide a paragraph to the AG, if it is determined in their 
          joint analysis of an initiative measure submitted for a 
          circulating title and summary that the measure does all of 
          the following:

            a)  Establishes a new or expanded program;
            b)  Costs more than one million dollars  in any  year, 
              excluding costs attributable to the issuance, sale, or 
              repayment of general obligation bonds; and,
            c)  Does not provide new revenues or eliminate all or 
              part of existing programs sufficient to pay the cost of 
              the new or expanded program or service.

           This bill  provides that the paragraph submitted by the JLBC 
          and DOF may be included in the title and summary prepared 
          by the AG, and shall be stated as follows:

              The Joint Legislative Budget Committee and Department 
              of Finance have determined that this measure does not 
              include sufficient funds to pay the cost of the new or 
              expanded program or service provided therein.  
              Therefore, should the measure pass, its costs would 
              have to be paid from one or more of the following:

                1.      Reductions to existing state programs.
                2.      Revenue increases.
                3.      State reserves, if available.

           This bill  requires a paragraph be added to the summary 
          statements prepared by the Legislative Analyst, contained 
          in the  ballot pamphlet  , for a measure that has qualified 
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          for the ballot, if it is determined in the Legislative 
          Analyst's analysis that the measure does all of the 
          following:

            a)  Establishes a new or expanded program;
            b)  Costs more than one million dollars  in any  year, 
              excluding costs attributable to the issuance, sale, or 
              repayment of general obligation bonds; and,
            c)  Does not provide new revenues or eliminate all or 
              part of existing programs sufficient to pay the cost of 
              the new or expanded program or service.

           This bill  provides that the paragraph added to the summary 
          statements by the Legislative Analyst read as follows:

              This measure does not include sufficient funds to pay 
              the cost of the new or expanded program or service 
              provided therein.  Therefore, should the measure pass, 
              its costs would have to be paid from one or more of the 
              following:

            1.  Reductions to existing state programs.
            2.  Revenue increases.
            3.  State reserves, if available.
           
          This bill  requires the Legislative Analyst to utilize a 
          uniform method in each analysis to describe the estimated 
          increase or decrease in revenue or cost of a measure so 
          that the average voter may draw comparisons among the 
          fiscal impacts of measures.  

           This bill  requires the condensed statement of the fiscal 
          impact summary for the measure prepared by the AG to appear 
          on the ballot followed immediately by the uniform estimate 
          of increase or decrease in revenue or cost of the measure.

           This bill  makes other conforming changes.

                                    BACKGROUND
                                         
           Initiative Spending  :  Since the implementation of the 
          initiative process, there have been a number of approved 
          measures which have required a certain portion of General 
          Fund spending be dedicated to a specific purpose.  These 
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          measures restrict the Legislature's ability to alter the 
          relative shares of General Fund spending provided to 
          program areas in any given year.  For instance, Proposition 
          98 of 1988, provided for a minimum level of total spending 
          (General Fund and local property taxes combined) on K-14 
          education in any given year.  Proposition 98 accounts for 
          over 40 percent of annual state General Fund spending.  
          Proposition 49 of 2002, requires that the state spend a 
          certain amount on after-school programs, which exceeded 
          $540 million in the 2009-10 Fiscal Year.

                                     COMMENTS  
          
            1. According to the author  ,  The democratic process 
             requires transparency, an honest evaluation of the cost 
             of government, and an understanding of the consequences 
             of a vote.  AB 1021 would add two simple sentences to 
             the fiscal impact statement for petitions and the ballot 
             pamphlet, if a proposed measure would establish or 
             expand a program that costs more than $1 million in any 
             year without providing new revenues or reductions.

           Voters need to understand the fiscal impact of their vote. 
              When the Legislature passes a bill that has a fiscal 
             impact, the measure must be reviewed by the 
             Appropriations Committees in both the Assembly and 
             Senate.  These committees examine the fiscal impact of 
             the measure and determine whether the measure includes 
             revenue, provides another means of funding, and if not 
             whether the state can afford the change in law.

            2. Say It Again  .  Current law already requires that the 
             fiscal impact of a proposed measure be analyzed and 
             included in both the circulating title and summary and 
             in the analysis printed in the state ballot pamphlet.  
             This bill requires additional information to be 
             included, for measures that would exceed one million 
             dollars in cost for the creation of a new program, to 
             specify that the fiscal impacts of the proposed measure 
             would have an impact on current programs, if passed.  
             Given that fiscal impacts are already being discussed in 
             the analysis of proposed measures, it is unclear whether 
             the additional information required by this bill would 
             be redundant.  
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           However, given the impacts that approved initiatives have 
             had on the state's general fund, it may be beneficial to 
             clarify to the electorate, prior to voting, that the 
             costs of proposed measures will have an impact on the 
             continuation of current programs.

            3. Related Legislation  .  AB 732 (Buchanan) requires the 
             statewide ballot pamphlet to include a simple and easy 
             to understand graph, chart, or report card, prepared by 
             the Legislative Analyst, for each state bond measure 
             submitted to the voters, to illustrate the cost of that 
             measure to the state and local governments.  AB 732 is 
             also before this committee today.

            4. Previous Legislation  .  SCA 4 (DeSaulnier) requires all 
             state initiative measures that would result in a net 
             increase in state or local government costs to identify 
             a funding source before being submitted to the voters.  
             SCA 4 is currently on the Senate Third Reading File.  
             SCA 14 (Ducheny) of 2009 was identical to SCA 4.  SCA 14 
             died on the Senate Third Reading File.

           ACA 3 (Blakeslee) of 2009 would have required an 
             initiative measure that would authorize the issuance of 
             state general obligation bonds of $1 billion or more to 
             identify a funding source.  ACA 3 died on the Assembly 
             Third Reading File.

                                   PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  5-2
          Assembly Appropriations Committee:         12-5
          Assembly Floor:                            55-24
                                         
                                   POSITIONS  

          Sponsor: Author

           Support: California School Boards Association
                    California State Association of Counties

           Oppose:  None received


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