BILL ANALYSIS Ó
SB 1315
Page 1
Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SB
1315 (Bates) - As Amended April 7, 2016
SENATE VOTE: 37-0
SUBJECT: Counties: budgets.
SUMMARY: Authorizes an alternative budget process for counties
that adopt a final budget by June 30. Specifically, this bill:
1)Allows a county board of supervisors (BOS) to direct the
publication of a recommended budget for the purpose of
conducting a budget hearing without authorizing spending,
pursuant to the recommended budget until the budget is
adopted, subject to the following conditions:
a) On or before May 30, the BOS shall make the recommended
budget available to the public;
b) On or before May 30, the BOS shall publish a notice
stating that the recommended budget is available to members
SB 1315
Page 2
of the public, and that the BOS will conduct a public
hearing on the recommended budget, including the time and
place of that hearing;
c) On or before June 20, but not fewer than 10 days after
the recommended budget is made available to the public, the
BOS shall conduct the public hearing on the recommended
budget; and,
d) After the conclusion of the hearing on the recommended
budget, and not later than June 30, the BOS shall adopt the
budget by resolution, pursuant to the requirements of the
County Budget Act that govern the adoption of a final
budget, as specified.
2)Requires, on or before May 30 of each year in which a BOS
utilizes the alternative budget procedures outlined above, the
BOS to set forth a proposed budget adoption schedule that
complies with the requirements of 1), above.
EXISTING LAW requires counties to use a two-step process when
adopting an annual budget: a BOS must annually approve a
recommended budget on or before June 30, which provides interim
authority for county government spending during the period of
time after the fiscal year begins July 1 and before the BOS
adopts a final budget, which must occur by October 2.
FISCAL EFFECT: None
COMMENTS:
SB 1315
Page 3
1)Bill Summary. This bill provides an alternative procedure
counties may use in their budget process. It allows counties
to direct the publication of a recommended budget in order to
hold a budget hearing without authorizing spending pursuant to
the recommended budget until a final budget is adopted.
Counties that elect this procedure must meet the following
conditions:
a) Make the recommended budget available to the public by
May 30;
b) Publish a notice by May 30 stating that the recommended
budget is available to members of the public, and that the
BOS will conduct a public hearing on the recommended
budget, including the time and place of that hearing;
c) Conduct a public hearing on the recommended budget by
June 20, but not fewer than
10 days after the recommended budget is made available to the
public; and,
d) Adopt the budget by resolution, pursuant to the County
Budget Act, after the public hearing on the recommended
budget and no later than June 30.
Counties that elect this procedure must also set forth a
proposed budget adoption schedule that complies with the
requirements outlined above.
This bill is sponsored by the County of Orange.
SB 1315
Page 4
2)Author's Statement. According to the author, "As a result of
existing law, the Board of Supervisors must adopt the CEO's
recommended budget before the budget hearing, hold the budget
hearing, and then adopt the final budget. While this process
may work for some counties who do not adopt their budget until
after June 30th, the current state process places the Board in
jeopardy of voting for items they may later oppose.
Additionally, the Board is left with no option to direct
publication of a recommended budget before initial review
rather than a required vote. Streamlining the county budget
procedures is needed, while not removing a Board's authority
or responsibility to consider and approve a county's budget as
required under the County Budget Act.
3)Background. Current law, the County Budget Act, requires
counties to approve a recommended budget by June 30 to govern
county spending until a final budget is approved no later than
October 2. This process works for most counties. However,
some counties approve their final budget before June 30. In
these cases, the requirement to formally approve a recommended
budget can be redundant and confusing. This bill offers an
optional, alternative procedure for counties that adopt their
final budget no later than June 30.
4)Arguments in Support. The County of Orange, sponsor of this
bill, writes, "Government Code Section 29064 of the County
Budget Act requires a board of supervisors to first approve by
majority vote a recommended budget in order to set a
'baseline' before considering, revising and approving a final
budget. This bill gives a board the option to direct
publication of a recommended budget before initial review
rather than a required vote, which may provide counties with
the flexibility to ultimately streamline county budget
procedures. Nothing in this bill removes a board's authority
or responsibility to consider and approve a county's budget as
SB 1315
Page 5
required under the County Budget Act."
5)Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
County of Orange [SPONSOR]
California State Association of Counties
Urban Counties of California
Opposition
None on file
Analysis Prepared by:Angela Mapp / L. GOV. / (916)
SB 1315
Page 6
319-3958