BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 684
          Author:   Cogdill (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  5-0, 4/1/09
          AYES:  Wiggins, Cox, Aanestad, Kehoe, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 5/28/09
          AYES:  Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,  
            Leno, Oropeza, Runner, Walters, Wyland, Yee
          NO VOTE RECORDED:  Wolk


           SUBJECT  :    Local government finance

           SOURCE  :     Stanislaus County


           DIGEST  :    This bill, beginning in 2011-12, requires the  
          county auditor of a negative sum county, when determining  
          the reduction of property tax revenues to the county, to  
          apply a reduction amount equal to its 2010-11 reduction  
          amount.  

           ANALYSIS  :    Proposition 13 (1978) reduced local property  
          tax revenues by 57 percent.  The Legislature responded by  
          bailing out local governments with $858 million in block  
          grants.  $436 million went to the counties [SB 154 (Rodda),  
          Chapter 292, Statutes of 1978].  The Legislature also cut  
          counties' payments for health and welfare programs by $1  
          billion. 
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          In 1979, the Legislature permanently restructured the  
          allocation of property taxes [AB 8 (L. Greene), Chapter  
          282, Statutes of 1979].  AB 8 shifted some of the schools'  
          property tax revenues to local agencies and replaced the  
          schools' losses with increased subventions from the State  
          General Fund.  The AB 8 formula shifted additional property  
          taxes to counties in an amount equal to their 1978-79 block  
          grants, plus a portion of Aid to Families with Dependent  
          Children (AFDC) costs not covered by the state buyout,  
          minus the new state grants for county health services.   
          This three-part package was intended to provide  
          proportionate bailout to all counties.

          This bill, beginning in 2011-12, requires the county  
          auditor of a "negative sum" county, when determining the  
          reduction of property tax revenues to the county, to apply  
          a reduction amount equal to its 2010-11 reduction amount.  
           
          Background
           
          For six counties (Alpine, Lassen, Mariposa, Plumas,  
          Stanislaus, and Trinity), the state grants for health  
          services exceeded their 1978-79 block grants plus the  
          adjustment for AFDC costs.  Consequently, rather than  
          shifting additional property tax revenue from schools to  
          these counties, these counties shifted property tax revenue  
          to schools.  In these so-called "negative bailout  
          counties," property tax revenues were reduced rather than  
          augmented to balance the relatively larger health and  
          welfare payments.
          In 1982, the Department of Finance discovered that the six  
          counties had not been shifting their "negative bailout"  
          amounts to schools.  The Legislature forgave the past $5.5  
          million miscalculations, clarified that some counties would  
          receive a "negative bailout" amount, and required counties  
          to shift their "negative bailout" amounts in future years  
          [AB 2162 (Condit), Chapter 898, Statutes of 1983].

          Since 1983, Stanislaus County has transferred more than $52  
          million in "negative bailout" to the schools.  Its  
          "negative bailout" increases annually, just as property tax  
          revenues grow.  Stanislaus County officials argue that the  
          "negative bailout" payments are an unintended consequence  







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          of AB 8 because the Legislature wanted to relieve the  
          fiscal pressures on counties, not increase them.   
          Stanislaus County officials want the Legislature to freeze  
          the growth in their "negative bailout" payments.

           Prior legislation  .  This bill is not the first attempt of  
          the six counties to cap their "negative bailout payments."   
          In 1996, AB 698 (Cannella, 1996) died in the Senate  
          Appropriations Committee and AB 1069 (Cardoza, 1996) died  
          in the Assembly Appropriations Committee.  In 1997,  
          Governor Wilson vetoed AB 472 (Cardoza, 1997), arguing that  
          the counties received additional fiscal relief when the  
          state took over trial court funding.  The Senate Local  
          Government Committee passed SB 756 (Denham, 2003), SB 9  
          (Denham, 2006), and SB 215 (Denham, 2007), but those bills  
          died on the Senate Appropriations Committee's suspense  
          file.

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2009-10     2010-11     
             2011-12               Fund  

            Increase in school aid                             
            $187*General

             *   The estimated impact would increase annually by a  
              similar amount (approximately $375,000 in 2012-13,  
              $562,000 in 2013-14, $749,000 in 2014-15, etc.) and  
              actual amounts would depend upon property tax growth  
              rates.

           SUPPORT  :   (Verified  5/28/09)

          Stanislaus County (source)


          AGB:mw  5/29/09   Senate Floor Analyses 








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                         SUPPORT/OPPOSITION:  SEE ABOVE

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