BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1021|
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                                 THIRD READING


          Bill No:  AB 1021
          Author:   Gordon (D)
          Amended:  8/31/11 in Senate
          Vote:     21

           
           SENATE ELECTIONS & CONSTIT. AMEND. COMM. :  3-2, 06/21/11
          AYES:  Correa, De León, Lieu
          NOES:  La Malfa, Gaines

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  55-24, 05/27/11 - See last page for vote


          SUBJECT  :    Ballot measures:  fiscal analysis

           SOURCE  :     Author


           DIGEST  :    This bill requires additional fiscal information 
          be included in the circulating title and summary prepared 
          by the Attorney General (AG) and the summary statements 
          prepared by the Legislative Analyst for a proposed 
          initiative measure.

           Senate Floor Amendments  of 8/31/11 prevent a chaptering out 
          problem with AB 732 (Buchanan).

           ANALYSIS  :    Existing law directs the Attorney General, in 
          preparing a circulating title and summary for a proposed 
          ballot initiative, to include an estimate of the amount of 
          increase or decrease of revenues or costs to the state.  
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          Existing law requires the Department of Finance (DOF) and 
          the Joint Legislative Budget Committee (JLBC) to jointly 
          make and deliver such an estimate to the AG so that he or 
          she may include it in the circulating title and summary.

          Existing law directs the Legislative Analyst to prepare an 
          unbiased fiscal analysis of a measure that is included in 
          the ballot pamphlet stating whether the measure would 
          result in increased or decreased costs to the state and an 
          estimate of those costs or savings.

          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:

          1.Establishes a new or expanded program;

          2.Costs more than one million dollars in any year, 
            excluding costs attributable to the issuance, sale, or 
            repayment of general obligation bonds; and

          3.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:

                     Reductions to existing state programs.
                     Revenue increases.







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                     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 
          for the ballot, if it is determined in the Legislative 
          Analyst's analysis that the measure does all of the 
          following:

          1.Establishes a new or expanded program;

          2.Costs more than one million dollars in any year, 
            excluding costs attributable to the issuance, sale, or 
            repayment of general obligation bonds; and

          3.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 bill 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:

                     Reductions to existing state programs.
                     Revenue increases.
                     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.







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           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.  It is presently on the Senate Third Reading 
          file.

          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.  

           Prior Legislation  

          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/31/11)

          California School Boards Association
          California State Association of Counties 

           OPPOSITION  :    (Verified  8/31/11)

          Department of Finance

           ARGUMENTS IN SUPPORT  :    According to the author, "AB 1021 
          would require greater transparency in the fiscal analysis 
          of initiatives by adding advisories to the fiscal impact 
          statement for petitions and the ballot pamphlet if the 







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          measure does not provide adequate funding or corresponding 
          reductions to fund implementation.  The democratic process 
          requires transparency and an honest evaluation of the cost 
          of government. Accordingly, this bill aims to give voters a 
          better understanding of the fiscal impact of initiatives 
          proposed for or placed on a ballot." 

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

           ARGUMENTS IN OPPOSITION  :    The Department of Finance is 
          "opposed to this bill because it could result in additional 
          General Fund costs.  Further, this bill may not be 
          necessary because the fiscal analysis for a proposed 
          initiative measure is already included in both the 
          circulating title and summary and in the analysis printed 
          in the state ballot pamphlet."  
           

           ASSEMBLY FLOOR  :  55-24, 05/27/11
          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, 
            Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, 
            Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, 







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            Nielsen, Norby, Silva, Smyth, Valadao, Wagner
          NO VOTE RECORDED:  Gorell


          DLW:nl  8/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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