Government Finance and Operations 10/03/2012
Economic Development
SB 1156 (Steinberg) – Support
Vetoed
SB 1156, by Senate President Pro Tem Darrell Steinberg, would
have created a structure for continuing redevelopment-like
activities in certain areas, mostly those in areas with ready
access to transit services. CSAC supported the bill based on it
allowing counties a clear option whether to financially
participate in tax increment financing for economic development
purposes. We believe an approach that encourages collaboration
between counties and cities will best serve Californians, as it
would not only allow counties appropriate control over their own
general funds, but requires discussions about what kinds of
development benefits the community as a whole. CSAC will hold any
future efforts to revive tax increment financing to the same
standard.
Elections
SB 1272 (Kehoe) – Support
Chapter No. 507, Statutes of 2012
SB 1272, by Senator Christine Kehoe, changes the term of central
committee members to four years from two. This change, though
minor on its face, is a major benefit to county election offices,
for two main reasons.
First, under the new top two primary system, the only partisan
races remaining on the ballot are for U.S. President and for
central committee members. Therefore, in years of gubernatorial
elections, with no presidential contest, central committees would
have been the sole partisan contests, requiring major cost
increases associated with preparing and printing party-specific
ballots.
Second, central committee candidates constitute a
disproportionately large percentage of the candidates to whom
election officials must provide services, constituting between
half and three-fourths of candidates. Many central committee
contests do not end up on the ballot because the number of
candidates is fewer than the number of available spots. However,
the central committees still have the option of forcing the
question on the ballot, requiring the space for listing the
candidates and a number of write-in spaces. Statewide, only about
a quarter of voters vote on central committee contests.
Lastly, counties are required to pay all the costs of central
committee elections with county general funds, even though
central committees are private entities.
AB 1436 (Feuer) – Watch
Chapter No. 497, Statutes of 2012
AB 1436, by Assembly Member Mike Feuer, allows voters to register
in the final two weeks before an election, including on Election
Day itself, in an effort to improve voter turnout. Currently,
citizens must register at least fifteen days before an election
to vote in it. AB 1436 does not become operative until Secretary
of State has successfully begun operating a statewide voter
registration database.
AB 2080 (Gordon) – Support
Chapter No. 501, Statutes of 2012
AB 2080, by Assembly Member Rich Gordon, lets vote-by-mail voters
have another member of their household return their ballot for
them if they are unable.
Under current law, a voter must be ill or physically disabled in
order to designate someone else to return his or her marked
ballot. However, Californians, who are increasingly voting mailed
ballots, seem to be unaware of this law and frequently give their
ballots to spouses or other family members to return for them.
Practically, poll workers have no way to verify the voter’s
illness or disability.
SB 1331 (Kehoe) – Support
Chapter No. 508, Statutes of 2012
SB 1331, by Senator Christine Kehoe, creates an independent
redistricting commission to draw the supervisorial districts in
the County of San Diego.
The citizens of San Diego County and that county’s Board of
Supervisors have requested an independent redistricting process
for their county. The commission contemplated by SB 1331 would
ensure transparency by subjecting the commission to the Brown Act
and requiring public hearings throughout the county. It requires
the county to provide financial support and would be made up of
retired judges.
AB 216 (Swanson) – Support
Chapter No. 495, Statutes of 2012
AB 216, by Assembly Member Sandre Swanson, gives county
registrars another option for updating voters’ addresses.
County registrars check voters’ addresses before elections to
make sure election mail, including ballots, reaches the right
people. Currently, they can do that by sending postcards to all
registered voters and requesting a response, or by checking their
information against the U.S. Postal Service and sending postcards
only to those the USPS says have moved. Unfortunately, many
people do not officially tell the USPS when they move, so while
the first method is inefficient, the second method is
incomplete.
Credit bureaus are very good at keeping up with people, and their
contact data is the best around. Under AB 216, county registrars
could check their data against the information maintained at
these credit bureaus instead of the USPS before sending
postcards.
AB 1413 (Fong) – Support
Chapter Number 3, Statutes of 2012
AB 1413, by Assembly Member Paul Fong, fixes several issues
related to the statutory implementation of Proposition 14, making
future elections less expensive for counties.
SB 6, the bill that implemented the statutory provisions of
Proposition 14, went beyond the constitutional requirements by
also requiring particular language to be printed on every ballot
and next to each candidate’s name. The requirements were wordier
than necessary and at times specified extraordinary font sizes.
Ballot real estate is valuable, and these provisions would have
resulted in significant costs to counties.
AB 1413 shortens the party preference language next to each
candidate’s name and removes font size requirements for
instructions printed on the ballot, saving money without
noticeably affecting a voter’s experience.
Taxes and Finance
SB 1030 (Committee on Budget and Fiscal Review) – Support
Vetoed
SB 1030, by the Senate Committee on Budget and Fiscal Review,
would have removed a paragraph from law that inadvertently
reduced property tax allocations for some counties.
Among many other complex issues surrounding the dissolution of
redevelopment agencies is the redistribution of property taxes.
As successor agencies pay off their obligations, billions of
dollars will return to counties, cities, special districts, and
of course school districts. No one disputes that these property
taxes should be returned exactly as they would have been absent a
redevelopment agency’s diversion of the tax increment.
Unfortunately, one provision of the laws passed in
redevelopment’s wake inadvertently reduced property tax
allocations to local agencies in counties where ERAF payments
exceed the amount needed to fulfill school districts’ minimum
funding requirements. This situation is known as “excess ERAF,”
and when it occurs, the ERAF payments are returned to taxing
entities in the proportion they were paid.
Removing this language would have restored property tax
allocations to their rightful levels, ensuring fairness and
predictability.
AB 1098 (Carter) - Oppose
Vetoed
AB 1098, by Assembly Member Wilmer Amina Carter, would have
allocated Vehicle License Fee revenues to cities that either
incorporated or annexed inhabited land since August 2005,
including those that did so in the future. Currently, the great
majority of Vehicle License Fee revenues fund 1991 Realignment
and 2011 Realignment, with a small portion paying for DMV and FTB
(Franchise Tax Board) administrative costs.
CSAC has committed to working with the four new cities in
Riverside County next year to sponsor a bill restoring their
funding while also protecting 2011 Realignment.
AB 2618 (Ma) – Support
Chapter No. 756, Statutes of 2012
AB 2618, by Assembly Member Fiona Ma, ensures that purchasers of
cars at auction pay the appropriate amount of sales or use tax on
those transactions.
Too frequently, unscrupulous Californians avoid paying taxes on
cars purchased at auction, especially salvaged auto auctions, by
telling the auctioneer that they will be reselling the vehicles
later, then never doing so. Many of these vehicles are either
never subsequently registered with DMV, or if they are they
report a value lower than the actual sale price.
AB 2618 would curb this fraud by requiring those buyers claiming
intent to resell to be licensed dealers, dismantlers, repair
dealers, or scrap metal processors.
AB 2643 (Ma) – Support
Chapter No. 161, Statutes of 2012
AB 2643, by Assembly Member Fiona Ma, makes a number of
clarifications to property tax administration.
Property taxes are already the most efficiently administered of
all California taxes, and the clarifications and improvements
contained in AB 2643 helps to make it more so. The bill allows
treasurer-tax collectors to issue refunds promptly when they are
due, and likewise clarifies that taxpayers must pay their taxes
when due. It allows overpayments to be charged against
underpayments on the same property, and gives county officials a
little more time to calculate and report pool rates to the State
Controller.
SB 192 (Committee on Governance and Finance) – Support
Chapter No. 265, Statutes of 2012
SB 192, by the Senate Governance and Finance Committee,
retroactively cures the minor errors and omissions that public
officials make, giving investors confidence in public agencies’
securities and therefore leading to lower interest rates for
state and local bonds. It does not correct fraud, corruption, or
unconstitutional acts. This sort of “validating act” is
traditionally noncontroversial and receives “aye” votes from all
legislators, since with its passage everyone wins. Last year the
validating acts, including SB 192, got caught up in the
uncertainty around redevelopment agency dissolution.
SB 954 (Liu) – Support
Chapter No. 650, Statutes of 2012
SB 954, by Senator Carol Liu, authorizes the State Controller, at
the request of a county or city, to offset any payments due to
people from the unclaimed property held by the state in order to
pay debts those people owe the county or city.
This authority already exists for offsetting tax refunds and
lottery winnings. The bill provides an appeal process for people
who believe the billing was in error, ensuring the process is
fair to all parties. All current protections for those billed are
retained from the current process.
AB 1126 (Calderon) – Support
Chapter No. 739, Statutes of 2012
AB 1126, by Assembly Member Charles Calderon, cleans up the codes
to ensure that local agencies can utilize their recently granted
authority to raise transaction and use tax rates — with voter
approval — in increments of one eighth of a cent.
AB 1253 (Davis) – Support
Chapter No. 52, Statues of 2012
AB 1253, by Assembly Member Mike Davis, allows Boards of
Supervisors to amend recommended budgets (due by June 30 each
year) before adopting a final budget (due by October 2 each
year). A revision of the 2009 Budget Act inadvertently deleted
the ability to do so.
Telecommunications
SB 379 (Fuller) – Support
Chapter No. 729, Statutes of 2012
SB 379, by Senator Jean Fuller, helps support technology
deployment to rural California by modifying the state’s High-Cost
Fund- A (CHCF-A) program to comply with federal
regulations.
The FCC will jsoon require that rural telecommunications
companies achieve broadband speeds of 4Mbps downstream and 1 Mbps
upstream, and higher speeds in future years, as a requirement to
receive federal high cost support. To achieve that goal, the
CHCF-A governing statutes must be revised to conform to the
federal program or California’s efforts to provide basic phone
service to residents in hard to reach areas could lose roughly
$25 million annually in federal support.