CDCAN DISABILITY RIGHTS REPORT 
#076-2011  – MARCH 15, 2011 –  TUESDAY

State Budget Crisis:

SENATE AND ASSEMBLY SCHEDULES VOTE ON BUDGET WEDNESDAY 1 PM – SPENDING CUTS COULD PASS BUT NOT PROPOSAL TO PLACE TAX EXTENSIONS ON JUNE SPECIAL ELECTION BALLOT

Governor and Legislative Democrats Still Lack Republican Votes To Place On A June Special Election Ballot Proposals To Extend for 5 Years Temporary Tax Increases – Package of Identical Budget “Trailer Bills” Impacting IHSS, SSI/SSP, Medi-Cal, Regional Centers, Healthy Families, Redevelopment, Proposition 10 Funding and More Released

 

SACRAMENTO, CALIF  (CDCAN) [Updated 03/15/2011 – 05:050 PM  (Pacific Time) –  Both Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento, 6^th State Senate District) and Assembly Speaker John Perez (Democrat – Los Angeles, 46^th Assembly District) announced today that the State Senate and Assembly will convene Wednesday afternoon (March 16^th) at 1:00 PM to vote on Governor Brown’s proposed budget for 2011-2012, as modified by the Budget Conference Committee – though the plan still lacks any support for legislative Republicans. 

California faces a projected budget shortfall of over $25 billion through the end of June 30, 2012, and on-going projected deficits of over $20 billion through at least 2016 unless permanent action is taken by the Legislature and Governor.
Budget Takes Majority Vote To Pass Now – But Placing Measures on Election Ballot Or Raising Taxes Still Requires 2/3rds Vote

• While the overall budget for 2011-2012 and the spending cuts part of the Governor’s proposed budget can be passed by a simple majority vote – the proposal to place on a June special election ballot proposals to extend for 5 years temporary tax increases in order to balance the State budget, requires 2/3rds votes in both houses or 54 votes in the Assembly and 27 votes in the State Senate. 
• That means, if all Assembly Democrats and all Senate Democrats vote for the proposal, 2 Assembly Republicans and 2 Senate Republicans would still be needed to pass it. 
• If the vote on the proposal to place the temporary tax extension measures on a June special election ballot fails as expected, it is not clear if the Assembly or Senate will then take up and pass just the spending reductions part of the plan. 
• The proposed extension of the temporary tax increases (increases which are set to expire on June 30^th) are crucial to Governor Brown’s budget plan because it makes up over $11 billion of the overall $12 billion revenue proposals.  Spending reductions and fund shifts and new federal money make up over $12.5 billion.   

 

Assembly Speaker Says Budget Plan “Honest and Balanced”

Assembly Speaker John Perez (Democrat – Los Angeles), in calling for the Assembly to vote on the Governor’s proposed budget plan Wednesday, issued the following statement:

"I have informed the members of the Assembly Democratic Caucus that we will proceed with a vote on the Governor's budget proposal tomorrow at 1 p.m. This is an honest and balanced package that will give the people of California the opportunity to decide for themselves whether to extend the current tax rates in an effort to finally bring our finances under control. I am hopeful that every member of the Assembly will make the sober, responsible decision to approve the Governor's budget plan and not waste this genuine opportunity to fix California's broken budget."

Senate Republican Leader Says Budget Is “Not A Balanced Plan”

Senate Republican Leader Bob Dutton (Republican – Rancho Cucamonga, 31^st State Senate District) issued a statement this afternoon in response to Senate President Steinberg’s announcement that he would put the Governor’s proposed budget plan to a vote on the State Senate floor Wednesday afternoon, saying that the proposal was “not a balanced plan.”

"The simple truth is, the budget the Senate Democrats are putting up for a vote on Wednesday is not a balanced plan," said Dutton. "It is just another short-sighted tax-and-spend scheme that relies on a $50 billion bailout from California taxpayers. It does nothing to fix the state's budget crisis or put Californians back to work. The Democrats say, "Let the people vote," but what the Democrats really want is for the people to pay for government as usual."

Budget Trailer Bills Released

• As previously reported earlier today, both the Assembly and State Senate amended yesterday budget related bills that make the necessary proposed changes to State law in order to implement the reductions and other changes in the proposed 2011-2012 State Budget. 
• The bills are referred to as “budget trailer bills” because the bills follow the main budget bill – making any necessary changes in State law in order to implement reductions and other changes in the main budget bill. 
• The budget trailer bills are critically important in determining how the Legislature – and the State intends to actually implement the over $12.5 billion of proposed reductions in State general fund spending (some of that amount is due to fund shifts and new federal money).  The language in the bills differs in many respects to the language originally proposed by Governor Brown in January. 

 

CDCAN BUDGET TRAILER BILLS LIST BY SUBJECT AREA:

• The bill number of the actual budget trailer bill – or even the main budget bill – can change during the time it takes to win passage, even if the contents of the bill largely remain the same. 
• As of Tuesday late afternoon, this is the most current list of budget trailer bills (the main budget bill is currently in SB 69):
• Both the State Senate and Assembly amended identical budget “trailer bill” language into several bills that each house can vote on Wednesday.  Both houses amend identical bills because sometimes one house may get delayed on a certain bill – while the other house may end up passing several.  The budget trailer bill that passes first out of one house – is likely (but not always) the bill that ends up being passed by the second house and then sent on to the Governor. 
• Sometimes neither identical bill ends up passing – and a totally different bill number is used to amend the same trailer bill language or language that is slightly different.

 

MAIN BUDGET BILL

• The main budget bill does not contain the changes in State law needed to implement reductions or savings in the Governor’s 2011-2012 State Budget (as modified by the Budget Conference Committee on March 3^rd). 
• The changes in state law needed to implement reductions in the main budget bill are contained in the various budget “trailer bills” below – called “trailer bills” because those bills follow or trail the main budget bill after it is passed and signed into law by the Governor. 

 

SB 69 – Main Budget Bill

Last Amended: 03/07/2011 (Budget Conference Committee report)

Location: State Senate Floor

Download copy of this bill (704 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_69_bill_20110307_proposed.pdf

 

 

 

MEDI-CAL, ADULT DAY HEALTH CARE, HEALTHY FAMILIES

• Includes reductions to Medi-Cal, including elimination of Adult Day Health Centers, 10% reduction to Medi-Cal providers, mandatory co-payments, reductions to Healthy Families program and other cuts [MSSP reduction, though a Medi-Cal program, is under “Human Services Budget Trailer Bill”]
• Contains provision dealing with Lanterman Developmental Center closure transition. 
• ONE of these two bills will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward. 

 

AB 97 – Health Budget Trailer Bill

Last Amended: 03/14/2011

Location:  State Senate Floor

Download copy of this bill (133 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0051-0100/ab_97_bill_20110314_amended_sen_v98.pdf

SB 73 – Health Budget Trailer Bill (as amended 03/14/2011)

Last Amended: 03/14/2011

Location:  Assembly Floor

Download copy of this bill (133 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_73_bill_20110314_amended_asm_v98.pdf

IHSS, SSI/SSP, CALWORKS & MSSP

• Two identical budget trailer bills – titled “human services” budget trailer bill, covering changes in State law in order to implement changes and reductions to In-Home Supportive Services, reduction to the Multipurpose Senior Services Program (MSSP), CalWORKS, SSI/SSP individual grant reduction and other human service programs.
• ONE of these two bills will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward. 

 

AB 96 – Human Services Budget Trailer Bill

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (80 pages): 

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0051 0100/ab_96_bill_20110314_amended_sen_v98.pdf

SB 72 – Human Services Budget Trailer Bill

Last Amended: 03/14/2011

Location: Assembly Floor

Download copy of this bill (80 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_72_bill_20110314_amended_asm_v98.pdf

REGIONAL CENTERS & DEVELOPMENTAL CENTERS

• These two identical bills Include all budget trailer language dealing with regional centers and developmental services under the Developmental Services budget including reductions achieved through imposing conflict of interest, audit requirements, administrative caps for those agencies with “negotiated rates”, accountability and transparency measures, and third party liability. 
• Also included is continuation of the 4.25% reduction in payments to nearly all regional center providers and regional center operations through at least June 30, 2012. 
• Included is direction from Legislature to the Department of Developmental Services on proposal it wants to review and consider approving to achieve the $174 million (previously $150 million) reduction in State general fund spending in regional center community based services
• ONE of these two bills, will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward.
• Note: some provisions dealing with Lanterman Developmental Center transition are in the Health trailer bills (AB 97 or SB 73)

 

AB 98 – Developmental Services Budget Trailer Bill

Last Amended: 03/14/2011

Location:  State Senate Floor

Download copy of this bill (36 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0051-0100/ab_98_bill_20110314_amended_sen_v98.pdf

SB 74 – Developmental Services Budget Trailer Bill

Last Amended: 03/14/2011

Location:  Assembly Floor

Download copy of this bill (36 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_74_bill_20110314_amended_asm_v98.pdf

PROPOSITION 10 (CHILDREN & FAMILIES FIRST ACT OF 1998)

• These two identical bills contain the necessary changes in State law dealing with the shifting (or reduction) of $1 billion in Proposition funds to Medi-Cal children’s programs. 
• Of this amount,$50 million will be from accounts, including reserve funds as specified, under the State Commission; and $950 million will be from combined balances, including reserves as specified, under the County Commissions.
• County Commissions that received less than $600,000 in California Children and Families Trust Fund revenues in the 2009-2010 State budget year are exempt.
• ONE of these two bills will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward.

 

AB 99 – Proposition 10 Budget Trailer Bill

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (7 pages)

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0051-0100/ab_99_bill_20110314_amended_sen_v98.pdf

SB 75  – Proposition 10 Budget Trailer Bill

Last Amended: 03/14/2011

Location: Assembly Floor

Download copy of this bill (6 pages – not sure why this is one page less than AB 99 – both bills are supposed to be identical):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_75_bill_20110314_amended_asm_v98.pdf

MENTAL HEALTH SERVICES ACT

• These two identical bills contain necessary changes in State law to shift (reduction) about $900 million from Mental Health Services Act to 3 mental health community based programs (EPSDT, or Early, Periodic, Screening, Diagnosis and Treatment Program); mental health services for special education students under AB 3632; and Medi-Cal mental health managed care services.
• ONE of these two bills, will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward.

 

AB 100 – Mental Health Services Act

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (17 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0051-0100/ab_100_bill_20110314_amended_sen_v98.pdf

SB 76 – Mental Health Services Act Trailer Bill

Last Amended: 03/14/2011

Location: Assembly Floor

Download copy of this bill (16 pages – – not sure why this is one page less than AB 99 – both bills are supposed to be identical):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_76_bill_20110314_amended_asm_v98.pdf

REDEVELOPMENT & AFFORDABLE HOUSING

• This bill deal with elimination of redevelopment agencies and transition  process for the orderly wind-down of  redevelopment  agencies activities, including completion of some mid-phase projects.
• Establishes “Successor Agencies” to the redevelopment agencies effective July 1, 2011, that would be, except in certain situations, such as those involving an Redevelopment Agencies based on a joint powers authority, the entity that created the redevelopment agency. 
• If no local agency chooses to be the “Successor Agency”, a designated local authority would be formed, whose three members would be appointed by the Governor.
• Allows for the continuation of housing activities by the “Successor Agency”, which would be permitted to assume responsibility for housing obligations and to use the existing balance in the low and moderate income housing fund Set-aside for these purposes. 
• If the “Successor Agency” chooses not to assume the housing activity responsibilities, the funds would be transferred to the local housing authority or to the Department of Housing and Community Development

 

AB 101 – Redevelopment Agencies

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (64 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_101_bill_20110315_amended_sen_v98.pdf

Note: The Senate Bill version of the Redevelopment Agency Trailer Bill is not yet available but likely will be SB 77 (on the Assembly Floor)

EDUCATION

• These two trailer bills include changes to state law to implement reductions to higher education (community colleges, California State University and University of California).
• ONE of these two bills, will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward.

 

AB 94 – Education Finance

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (108 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0051-0100/ab_94_bill_20110314_amended_sen_v98.pdf

SB 70 – Education Finance

Last Amended: 03/14/2011

Location: Assembly  Floor

Download copy of this bill (108 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_70_bill_20110314_amended_asm_v98.pdf

TRANSPORTATION

• ONE of these two bills, will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward.

 

AB 105 – Transportation Trailer Bill (as amended 03/14/2011)

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (61  pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_105_bill_20110314_amended_sen_v98.pdf

SB 81 – Transportation Trailer Bill

Last Amended: 03/14/2011

Location: Assembly Floor

Download copy of this bill (61  pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_81_bill_20110314_amended_asm_v98.pdf

REVENUES – TAXATION: PERSONAL INCOME & CORPORATE TAX

• These two identical bills would establish a mandatory single sales factor for apportionment of corporate income tax across states and changes the manner in which the location of sales of service and intangibles are assigned, and would eliminate the enterprise zone tax credits.
• ONE of these two bills, will be passed by both houses and sent to the Governor, though at this point in time, it is not certain which of the two identical bills will move forward.

 

AB 103 – Taxation – Personal Income and Corporation Tax

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (156 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_103_bill_20110314_amended_sen_v98.pdf

SB 79 – Taxation – Personal Income and Corporation Tax

Last Amended: 03/14/2011

Location: Assembly Floor

Download copy of this bill (156 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_79_bill_20110314_amended_asm_v98.pdf

TAX INCREASE TEMPORARY EXTENSION & REALIGNMENT

• This constitutional amendment, titled “The Schools and Local Public Safety Protection Act of 2011″ will generate approximately $11 billion by maintaining 2010 sales and use tax rates, vehicle license fee rates, and personal income tax rates for five years. 
• These revenues will be dedicated to local public safety services realigned from the State to local governments and to help prevent cuts to local public schools and community colleges. 
• This constitutional amendment will also guarantee local governments ongoing funding for realigned public safety services beyond the five-years and provides protections to counties against increased costs from future

 

SCAX1 1 The Schools and Local Public Safety Protection Act of 2011: Constitutional Amendment

Last Amended: 03/14/2011

Location: State Senate Floor

Download copy of this bill (10 pages):

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0001-0050/scax1_1_bill_20110314_introduced.pdf