Bill Text: CA SB845 | 2009-2010 | Regular Session | Amended
Bill Title: Local governments: revenue.
Spectrum: Unknown
Status: (Introduced - Dead) 2010-04-22 - Hearing postponed by committee. [SB845 Detail]
Download: California-2009-SB845-Amended.html
BILL NUMBER: SB 845 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 18, 2010
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 11, 2010
An act to add Section 42246 to the Education Code, and to add
Section 6537 to the Government Code, relating to the
Budget Act of 2010 local government .
LEGISLATIVE COUNSEL'S DIGEST
SB 845, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2010. Local governments:
revenue.
Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county. The
amount of a school district's revenue limit funding is determined
based, in part, on the number of units of average daily attendance.
The Superintendent of Public Instruction is required to apportion to
each school district the amount of revenue limit funding calculated
pursuant to specified formulas minus, among other things, the amount
of property taxes received by the school district. The Joint Exercise
of Powers Act authorizes 2 or more public agencies, by agreement, to
exercise any power common to the contracting parties.
This bill would, in conjunction with and only upon the approval by
the voters of Senate Constitutional Amendment No. ____, authorize
local governmental entities to develop and implement a Countywide
Strategic Action Plan to jointly use existing and additional
resources to ensure progress toward common community goals. This bill
would also authorize, under specified conditions, including, but not
limited to, the adoption of a Countywide Strategic Action Plan, a
county board of supervisors to place before the voters an increase of
up to an additional $0.01 in the sales and use tax to be distributed
pursuant to the adopted plan. This measure would prohibit the amount
of a school district's revenue limit funding from taking into
account any revenue received by the school district from property
taxes, specified local sales and use taxes, or any taxes imposed
pursuant to a Countywide Strategic Action Plan.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2010.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Community Funding Protection and Accountability Act of
2010.
SEC. 2. The Legislature finds and declares all of
the following:
(a) Residents are best served when state and local governmental
entities are directly accessible and accountable to the people.
(b) Local or community governments are closer to the people, and
therefore best suited to provide community-level services, including,
but not limited to, schools, police and fire protection, and
services that protect the most vulnerable members of society.
(c) Providing a quality education to our children is an investment
in the future of this state, and therefore, providing and protecting
funding for public schools is vital to the future of our state.
(d) Californians are a people on the move, and protecting funding
for local road, highway, and transportation repairs encourages
communities to make measurable improvements to mobility that are
critical to providing jobs and restoring the economic vitality of our
state.
(e) Support for essential community services has been jeopardized
when the state has borrowed or redirected locally levied funds,
denying communities the stable funding they need to provide local
services.
(f) Now is the time to protect funding for local services and give
communities new tools and resources to set their own priorities and
chart their own paths for the future.
(g) Declaring these funds to be owned by the local governments
that levy them will protect these revenues from arbitrary action by
state officials, thereby protecting funding for vital local services,
including schools, public safety, and transportation.
(h) Community governments within regions should be encouraged to
coordinate efforts to address community needs and priorities, and to
work together toward common goals.
(i) Community governments should be authorized to develop a
strategic plan that establishes goals, improves outcomes, and
provides the resources necessary to accomplish these goals.
(j) Greater local control over revenue should be tied to increased
accountability for results, requiring local governments to become
more efficient and effective to reduce waste of taxpayer dollars.
(k) To promote efficiency, effectiveness, and accountability in
local governments, the Community Funding Protection and
Accountability Act of 2010, in conjunction with Senate Constitutional
Amendment No. ____ of the 2009-10 Regular Session, is intended to do
all of the following:
(1) Authorize local governmental agencies to develop a Countywide
Strategic Action Plan that establishes goals, increases efficiency,
and improves the outcomes of local services.
(2) Provide an incentive to local governments, along with the
necessary resources, to coordinate their efforts by authorizing
counties to levy sales and use taxes with the approval of a majority
of local voters.
(3) Protect local governments from the state borrowing or
redirecting locally levied funds so local governments have stable
revenues to provide community services.
(4) Require local governments to publicly report the results of
implementing their strategic plans annually so that they are
accountable to taxpayers and voters.
SEC. 3. Section 42246 is added to the
Education Code , to read:
42246. (a) A school district's receipt of a portion of any
property tax, tax pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division
2 of the Revenue and Taxation Code), or tax pursuant to a Countywide
Strategic Action Plan authorized by Article XI A of the California
Constitution shall not be considered in calculating the state's
portion of the school district's revenue limit under Section 42238 or
any successor statute.
(b) It is the intent of the Legislature that this section be
amended solely to further the purposes of the Community Funding
Protection and Accountability Act of 2010.
SEC. 4. Section 6537 is added to the
Government Code , to read:
6537. (a) In order to develop a Countywide Strategic Action Plan
pursuant to Article XI A of the California Constitution, a majority
of the members of the county board of supervisors shall agree to
initiate the development of the plan and to adopt the plan.
(b) A Countywide Strategic Action Plan shall be developed through
a public process that seeks to produce a common understanding of
community challenges and the consequences of inaction, that
rigorously and fairly assesses the impact of existing efforts, and
that identifies a disciplined approach to make better use of existing
and additional resources to ensure progress toward common goals. The
county shall consult with local agencies responsible for services
such as education, public safety, and public health and welfare, and
each participating agency shall identify unmet needs in each of those
areas.
(c) A Countywide Strategic Action Plan shall contain, at a
minimum, the following:
(1) A declaration of community goals and desired outcomes.
(2) An inventory of existing publicly funded programs and an
assessment of those programs that are effectively serving a public
priority, those that need to be improved, and those that are
duplicative, obsolete, ineffective, or no longer a priority.
(3) An inventory of the state agencies whose cooperation and
assistance will be necessary to implement the plan, as well as any
recommended changes in statute or regulation that would improve the
chances of successful implementation.
(4) A plan for addressing the goals, problems, and inefficiencies
identified in paragraphs (1) to (3), inclusive, a mechanism for
measuring the outcomes of programs and progress toward established
goals, and a plan for annually reporting outcomes and conducting
public hearings to receive public comments on progress toward goals.
(5) A resource allocation plan developed by the county, in
consultation with the cities in the county, that is aligned with the
goals of the Countywide Strategic Action Plan and that specifies how
the proceeds from an increase of up to an additional one cent ($0.01)
in the sales and use tax shall, if approved pursuant to subdivision
(d), be allocated to the county and the cities in the county.
(6) A plan submitted by each participating school district. School
districts shall have exclusive authority to develop and submit plans
for addressing the educational needs of their communities. These
plans shall be included in the Countywide Strategic Action Plan. The
county superintendent of schools may provide assistance to any
requesting school district regarding preparation and implementation
of the school district's portion of the plan. A participating school
district may satisfy paragraph (4) by integrating any additional
information into the school accountability report card it issues
pursuant to subdivision (e) of Section 8.5 of Article XVI of the
California Constitution and Section 35256 of the Education Code.
(7) A plan submitted by each participating city. Cities shall have
exclusive authority to develop and submit plans for addressing the
needs of their communities. These plans shall be included in the
Countywide Strategic Action Plan.
(d) In counties where a Countywide Strategic Action Plan has been
adopted, the county board of supervisors, by a simple majority vote,
may place before the voters an increase of up to an additional one
cent ($0.01) in the sales and use tax that is otherwise permitted by
law. If approved by a majority of the voters voting on the measure,
the proceeds of the tax shall be placed in the county treasury and
distributed to the county and cities within the county based on the
resource allocation plan required by paragraph (5) of subdivision
(c).
(e) In counties where a Countywide Strategic Action Plan has been
adopted and the sales and use tax has been increased in accordance
with subdivision (d), the county and each city within the county
shall allocate sufficient revenue from the property tax, the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code), or any other tax to the school districts within the
county equal to 50 percent of the revenues received from the increase
of the sales tax enacted pursuant to subdivision (d). In the
Countywide Strategic Action Plan, the county and each participating
city shall specify the source of the funds to be so allocated, and
the county treasurer shall calculate and distribute the appropriate
amount quarterly if the source of the funds is the sales and use tax,
or within 30 days after the end of the fiscal year if the source of
the funds is any other tax. The funds shall be allocated to school
districts within the county on the basis of each school district's
average daily attendance.
(f) The state shall not reduce subventions to the participating
local government agencies in response to any tax approved pursuant to
this section and subdivision (b) of Section 1 of Article XI A of the
California Constitution.
(g) A Countywide Strategic Action Plan and any additional sales
and use tax passed to implement the plan shall remain in place for 10
years, unless a majority of the members of the county board of
supervisors agree to dissolve or amend the plan earlier. The county
board of supervisors may vote to extend the plan beyond the original
10-year period. However, if the county board of supervisors decides
to extend any additional sales and use tax passed to implement the
plan, it shall resubmit the additional tax to the voters pursuant to
subdivision (d) of this section.
(h) It is the intent of the Legislature that this section be
amended solely to further the purposes of the Community Funding
Protection and Accountability Act of 2010.
SEC. 5. This act shall take effect only if Senate
Constitutional Amendment No. ____ of the 2009-10 Regular Session is
approved by the voters, and, in that event, shall take effect on the
same date that measure is effective.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2010.
