BILL ANALYSIS Ó SENATE GOVERNANCE & FINANCE COMMITTEE Senator Lois Wolk, Chair BILL NO: AB 546 HEARING: 6/5/13 AUTHOR: Stone FISCAL: No VERSION: 3/19/13 TAX LEVY: No CONSULTANT: Austin SANTA CRUZ COUNTY'S AUDITOR-CONTROLLER & TREASURER-TAX COLLECTOR Authorizes the Santa Cruz County Board of Supervisors to consolidate the duties of the Auditor-Controller and Treasurer-Tax Collector. Background and Existing Law State law recognizes 22 county officers, not including county supervisors, and allows county boards of supervisors to consolidate many specified offices through ordinances. The California Constitution gives counties authority to adopt a charter that permits office consolidation (Article XI, Section 3). State law allows counties to consolidate the offices and functions of treasurers and auditors under the elected or appointed office of director of finance, with voters' approval. The Santa Cruz Auditor-Controller acts as the chief fiscal officer for the County of Santa Cruz and maintains 900 different funds for monies deposited into the County treasury. These funds represent assets belonging to the county, cities, state and federal agencies, special districts under the Board of Supervisors, autonomous special districts, school districts, and community colleges. The Santa Cruz Treasurer-Tax Collector collects more than $217 million dollars in county, city, school, and special district taxes, processes any replicated payments and taxpayer inquiries, maintains files on the tax payment status of 93,000 parcels. The Legislature has authorized county supervisors in AB 546 -- 3/19/13 -- Page 2 Mendocino, Sonoma, Trinity, and Tulare counties to consolidate the offices of Auditor-Controller and Treasurer-Tax Collector into a combined elected office of Auditor-Controller-Treasurer-Tax Collector by ordinance, without voter approval (AB 1318, Evans, 2005; SB 144, Senate Local Government Committee, 2007; SB 567, Aanestad, 2008). The Santa Cruz Board of Supervisors wants the same authority to consolidate its Auditor-Controller and Treasurer-Tax Collector offices that state law grants to Mendocino, Sonoma, Trinity, and Tulare counties. Proposed Law Assembly Bill 546 authorizes Santa Cruz County's Board of Supervisors to consolidate by ordinances the offices of Auditor-Controller and Treasurer-Tax Collector into the elected office of Auditor-Controller-Treasurer-Tax Collector. State Revenue Impact No estimate. Comments 1. Purpose of the bill . Santa Cruz County faces significant fiscal challenges following the recent economic downturn. The Santa Cruz County Board of Supervisors is looking for ways to better serve their county, be efficient, and save money. One way to reduce costs is to consolidate offices by adding Santa Cruz to the list of other counties who have this authority. Dillon's Rule holds that local governments have only the powers that state law gives them. When local officials discover that state laws don't fit their particular situations, they ask legislators for statutory amendments. AB 546 adds Santa Cruz to the list counties who can consolidate offices without voter approval, adapts state laws to fit local needs and saves Santa Cruz County money. 2. Who should decide ? By adopting a county charter, local AB 546 -- 3/19/13 -- Page 3 voters can empower country supervisors to consolidate county offices without asking the Legislature to act. Alternatively, state law already allows voters to approve the creation of a consolidated Director of Finance office. Rather than pursue legislation, the Board of Supervisors could put a measure on the ballot or approve the creation of a Director of Finance office, with voter approval. The Committee may wish to consider whether Santa Cruz County voters should get to decide to consolidate the duties of the offices of Auditor-Controller and Treasurer-Tax Collector for Santa Cruz County. Support and Opposition (5/30/13) Support : Santa Cruz County Board of Supervisors, California State Association of Counties Opposition : Unknown.