BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1630|
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                                 THIRD READING


          Bill No:  AB 1630
          Author:   Assembly Budget Committee
          Amended:  10/6/10 in Senate
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Budget Act of 2010

           SOURCE  :     Author


           DIGEST  :     Senate Floor Amendments  of 10/6/10 delete the  
          prior version of the bill expressing the intent of the  
          Legislature to enact statutory changes relating to the  
          Budget Act of 2010.

          This bill now enacts the 2010-11 State Budget.

           ANALYSIS  :   In the 2010 May Revision, the Governor  
          identified a budget shortfall of $17.9 billion.  He offered  
          a total of $19.1 billion in budget "solutions" to close the  
          shortfall and generate a reserve of $1.2 billion.

          The negotiated budget package includes approximately $18.3  
          billion in General Fund "solutions" to close the gap, and  
          provides a final reserve of approximately $323 million.

           General Budget Framework
           
          The budget package includes a combination of significant  
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          expenditure reductions, federal relief, additional  
          revenues, and fund shifts.  In addition to addressing the  
          2010-11 budget, the package includes many ongoing solutions  
          and permanent reforms.  The 2010-11 budget package includes  
          proposals to reduce the deficit with solutions that fall  
          into the following categories (dollars in billions based on  
          preliminary scoring):

            Starting Problem-$17.9 

                     Expenditure Reductions 7.5 
                     Federal Funds5.3 
                     Additional Revenues2.5 
                     Fund Shifts, Other Revenues2.8 
                     Alternative Funding0.5 
                     Baseline Workload Adjustments-0.2

            Total Solutions$18.3
            Final Reserve$0.3

           2010-11 Budget Major Proposals
           
           1. K-14 Education.   Maintains modest increase in education  
             funding on a per-pupil programmatic basis for 2010-11,  
             and begins paying "settle-up" payments for the 2009-10  
             fiscal year with a $300 million payment in 2010-11.   
             This budget provides ongoing Proposition 98 funding of  
             $49.7 billion and through a new deferral of $1.9 billion  
             and one-time funds brings total state funding for  
             schools and community colleges to $52.5 billion.  

               A.    Increases K-12 Per Pupil Funding.  Provides over  
                $300 per-pupil more than the Governor's May Revision  
                proposal on a programmatic basis.  Programmatic  
                spending under the budget plan is proposed to be just  
                under $8,000 per pupil.
               B.    Preserves Integrity of Proposition 98.   Rejects  
                the Governor's legally-suspect proposal to manipulate  
                the Proposition 98 guarantee and rather proposes a  
                direct suspension of the guarantee for one year at a  
                specific funding level.  As the LAO has noted,  
                suspension of the Proposition 98 guarantee reduces  
                legal or Constitutional ambiguity over the  
                maintenance factor created as part of last year's  

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                budget agreement.  Thus, the suspension keeps last  
                year's budget promises and enables funding for  
                schools to grow as the economy rebounds.
               C.    Implements mandate reform.   Begins reforms of  
                some K-14 mandate requirements by suspending some  
                less-important mandates and clarifying law to  
                permanently eliminate or reduce other mandate costs.   
                Funds the anticipated cost of mandates for 2010-11.
              D.    Child Care.   Rejects the elimination of child  
                care funding, as proposed in the Governor's May  
                Revision.
               E.    Community Colleges.   Provides $126 million for  
                enrollment growth for 26,000 new students.  Also  
                provides an additional $35 million to restore  
                categorical programs and $25 million for an Economic  
                and Workforce Development program to develop programs  
                to meet emerging workforce needs.  Includes a new  
                deferral of $189 million paid in 2011-12. 
             
           1. Higher Education.   Provides $5.5 billion from the  
             General Fund for support of the University of California  
             and California State University systems.  Funding is  
             above the 2009-10 level and includes full funding for  
             enrollment growth and an augmentation of approximately  
             $199 million for each segment to backfill previous cuts  
             to the systems.
          
           2. Health and Human Services.   The budget makes a number of  
             reductions in health and human services programs, but  
             rejects the Governor's proposals to eliminate CalWORKs,  
             community mental health programs, Adult Day Health care,  
             and the significant reductions proposed to the In-Home  
             Supportive Services program.  

             The negotiated budget also restores or partially  
             restores several programs that were vetoed by the  
             Governor in 2009-10.  The most significant being the  
             restoration of funding for child welfare services and  
             the Office of AIDS.

           3. Public Safety.   The negotiated budget does include  
             corrections savings of over $1.1 billion, primarily from  
             reduced inmate medical care costs.  The budget proposal  
             does not include a "realignment" of state inmates to the  

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             counties.

           4. State Employees.   The budget package reduces spending  
             for state employees by about $1.5 billion consistent  
             with collective bargaining agreements that have already  
             been reached or are in negotiation.  This is $500  
             million less than what the Governor has proposed.  

           5. Federal Funds.   The budget package assumes new or  
             extended federal funds to provide $5.3 billion in budget  
             solutions.  This amount is less than the $6.9 billion  
             assumed in the Governor's January Budget.

          6. Revenues.   The negotiated budget includes $2.5 billion  
             in revenue solutions.  More that half of this, $1.4  
             billion, is from the Legislative Analyst's revenue  
             forecast, which was $1.4 billion higher than the  
             Governor's May Revision - three months into the fiscal  
             year, this additional revenue has already been realized.  
              The remainder of the revenue change is from the  
             following:

              A.   Extend the Net Operating Loss (NOL) suspension:    
               The budget continues the suspension of the NOL  
               corporate tax benefit for an additional two years,  
               which results in increased tax revenue of about $1.2  
               billion in 2010-11.  Over 90 percent of all  
               corporations are exempted from this suspension.
              B.   Corporate underpayment penalties and "Cost of  
               Performance" rule change.   The budget proposal revises  
               recent corporate tax law changes related to penalties  
               assessed when a corporation underpays their tax  
               liability by more than $1 million.  The budget  
               proposal also restores the old "cost of performance"  
               rules for the sourcing of intangibles and services  
               related to calculation of multi-state apportionment.   
               These changes will reduce tax revenue by about $132  
               million in 2010-11.

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




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          DLW:nl  10/6/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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