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Home My WebLink AboutMINUTES - 03202001 - C.63 Ir ':-�•'_ .�} �' TO: BOARD OF SUPERVISORS -;;,,. - ..r -..�,. CONTRA COSTA FROM: John Sweeten, County Administrator yy; :r,� COUNTY Kyai` i "`lr. DATE: March 20, 2001 SUBJECT: SB 94 (Torlakson) - Sponsor SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): SPONSOR SB 94 (Torlakson) which, if amended, would restore Special District Augmentation Funds to the County Library. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): SB 94 (Torlakson) as currently drafted, would restore revenues to library systems lost with the implementation of ERAF. The Contra Costa County Library did not lose ERAF revenues, but rather those from the Special District Augmentation Fund (SDAF). Senator Torlakson has indicated that he is willing to amend the bill to make it applicable to SDAF revenue losses. Restoration of SDAF would generate approximately $3.5 million per year for the County Library. CONTINUED ON ATTACHMENT: —YES SIGNATURE: l _ RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BO RD COMMITTEE -APPROVE —OTHER SIGNATURE(S): ACTION OF BOAR 0 O Y 2001 APPROVED AS RECOMMENDED_—OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS(ABSENT — — — — — 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT:_ ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ATTESTED March20", 2001 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: ✓LAPN Anne Cain,County Librarian BY DEPUTY --$B 94 Senate Bill - INTRODUCED Page 2 of 2 This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 97.45 is added to the Revenue and Taxation Code, to read: 97.45. (a) Notwithstanding any other provision of this article, the auditor may not, in allocating property tax revenue for the 2001-02 fiscal year and each fiscal year thereafter, allocate to the county's Educational Revenue Augmentation Fund any property tax revenues that are otherwise required by law to be allocated to a local library entity as defined in subdivision (b) . (b) For purposes of this section, "local library entity" means both of the following: (1) A county free library, established pursuant to Article 1 (commencing with Section 19100) of Chapter 6 of Part 11 of Division 1 of Title 1 of the Education Code, for which a separate property tax rate was levied in the 1977-78 fiscal year. (2) A library established as an independent special district. (c) Any reduction in the amount of ad valorem property tax revenues deposited in the county's Educational Revenue Augmentation Fund resulting from the implementation of subdivision (a) shall be applied exclusively to reduce the amounts that are allocated from that fund to school districts and county offices of education, and shall in no event be applied to 'reduce the amounts of ad valorem property tax revenues that are allocated from that fund to community college districts. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000) , reimbursement shall be made from the State Mandates Claims Fund. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to immediately begin a program of fiscal relief that will allow local agencies to restore an adequate level of library services, it is necessary that this act take effect immediately. http://www.leginfo.ca.gov/pub/bUVsen/sb-005 1-01 00/sb94_bill 20010116_introduced.html 3/8/01 ,SSB 94 Senate Bill-INTRODUCED Page 1 of 2 BILL NUMBER: SB 94 INTRODUCED BILL TEXT INTRODUCED BY Senators Torlakson and Figueroa JANUARY 16, 2001 An act to add Section 97.45 to the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 94, as introduced, Torlakson. Property tax revenue allocations: local library entity. Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund (ERAF) in that county for allocation to school districts, community college districts, and the county office of education. This bill would, for the 2001-02 fiscal year and each fiscal year thereafter, modify these reduction and transfer provisions by prohibiting the allocation to the county's ERAF of any property tax revenues that are otherwise required by law to be allocated to a local library entity, as defined. This bill would require that the reduction, resulting from this prohibition, in the amounts of ad valorem property tax revenue deposited in the county's Educational Revenue Augmentation Fund, be applied exclusively to reduce the amounts of ad valorem property tax revenue allocated from that fund to school districts and county offices of education. By imposing additional duties upon local tax officials in the apportionment of the allocation reductions required by this bill, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that. do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. http://www.leginfo.ca.gov/pub/bilYsen/sb-005 1-01 00/sb94 bill 20010116_introduced.html 3/8/01