BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 283
                                                                  Page  1

          Date of Hearing:   April 9, 2013

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                  AB 283 (Bloom) - As Introduced:  February 11, 2013
           
          SUBJECT  :   Community colleges: property tax revenues.

           SUMMARY :   Requires General Fund apportionments to the  
          California Community Colleges (CCC) to be automatically adjusted  
          for changes in property tax revenues.  Specifically,  this bill  :   


          1)Requires the annual Budget Act specify the total local  
            property tax revenue, as defined, for CCC districts upon which  
            the General Fund appropriation for CCC districts is based.

          2)Requires the CCC Chancellor to certify to the State Controller  
            by December 31 of each year, the actual property tax revenue  
            for the prior year based on information reported on each CCC  
            district's Annual Financial Budget Report. 

          3)Requires, if the total amount of local revenue identified in  
            the annual Budget Act is greater than the amount of local  
            revenue identified and reported by the CCC Chancellor, the  
            State Controller, at the time of the next general  
            apportionment certification by the Chancellor, to transfer the  
            deficient amount from the General Fund to the State School  
            Fund for the CCC.

          4)Requires, if the total amount of local revenues identified in  
            the annual Budget Act is less than the amount of local  
            revenues identified and reported by the CCC Chancellor, the  
            State Controller, at the time of the next general  
            apportionment certification by the Chancellor, to transfer the  
            excess amount from the State School Fund for the CCC to the  
            General Fund.

           EXISTING LAW  provides that general fund apportionments to K-12  
          school districts automatically adjust for changes in local  
          property tax revenues.  Current law does not provide for a  
          similar adjustment for CCC districts.  

           FISCAL EFFECT  :   Unknown but potentially significant. 









                                                                  AB 283
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           COMMENTS  :   Background on CCC budgeting  .  In developing the  
          annual CCC budget, the state must estimate how much local  
          property tax and student fee revenue will be available to the  
          CCC.  If the systemwide level of local property tax and fee  
          revenue turns out to be lower than budgeted, this shortfall is  
          proportionally spread across all CCC districts.  In some years,  
          legislation has been passed to augment General Fund support to  
          CCCs in order to make up for this shortfall.  In other years,  
          CCCs were required to absorb the shortfall.  While CCC funding  
          is not automatically "backfilled" for non-received local  
          revenue, state aid to CCC is also not automatically reduced when  
          local revenues exceed estimates.

           Background on property tax shortfalls  .  As a result of  
          legislation that responded to the court ruling in Serrano v.  
          Priest, current law provides for K-12 school districts to be  
          automatically compensated with state funding when property tax  
          revenues fall short of expectations relied upon for the state  
          budget act.  Unlike K-12 school districts, CCC does not have a  
          mechanism for the automatic backfilling of property taxes not  
          received.  As noted above, in years where property tax revenues  
          are less than estimated, a direct appropriation is the means for  
          adjustment.  

           Purpose of this bill  .  According to the author, "Community  
          college districts should have the same level of protection  
          against fiscal uncertainty and financial loss as K-12 school  
          districts.  The current lack of protection diminishes colleges'  
          ability to adequately meet the educational needs of their  
          students and communities."
                  
           Prior legislation  .  AB 2591 (Furutani) of 2012, which was held  
          in the Assembly Appropriations Committee, was almost identical  
          to this bill.  Several bills have been introduced over the past  
          decade to address some aspect of this issue; all have failed.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Community Colleges
          California Federation of Teachers
          California School Employees Association, AFL-CIO
          Community College League of California
          Faculty Association of California Community Colleges








                                                                  AB 283
                                                                  Page  3

          Kern Community College School District
          Los Angeles Community College School District
          Mt. San Jacinto Community College School District
          Peralta Community College School District
          Rio Hondo Community College School District
          San Diego Community College School District
          West Kern Community College School District
          Yosemite Community College School District
          Yuba City Community College School District

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960