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February 17, 2005

Dear Attorney General Lockyer:

Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative entitled “The California Deficit Prevention Act” (File No. SA2005RF0010). This measure makes changes to the California Constitution related to state and local appropriations limits, voting requirements relating to tax measures, state debt, fees, and local mandates.

Major Provisions of the Measure

Provisions Related to Appropriations Limits

Current Law

Article XIII B of the Constitution places annual limits on the appropriations of tax proceeds that can be made by the state, school districts, and local governments in California.

Calculation of the Spending Limit. The annual spending limit for each jurisdiction is based on the amount of appropriations in 1978‑79 (the base year), as adjusted each year for population growth and cost-of-living factors. For the state, “population” is equal to a weighted average of statewide population and K-14 school average daily attendance, and “inflation” is equal to the growth in California per capita personal income.

Appropriations Subject to the Limit. In general, appropriations subject to the limit are equal to all appropriations funded from the proceeds of taxes (both General Fund and special funds), except for those which are specifically exempted under Article XIII B. Exempt appropriations include debt service, qualified capital outlay spending, local mandate subventions, retirement and unemployment insurance payments, transportation expenditures supported by a portion of the state excise tax on gasoline, and subventions to other levels of governments (the latter being counted against the recipient entities’ spending limits).

Disposition of Excess Revenues. At the state level, revenues are defined as “excess” if they exceed the appropriations limit over a two-year period. Such revenues are then divided equally between taxpayer rebates and onetime appropriations to K-14 schools.

Current Room Under State’s Limit. Based on estimates in the Governor’s 2005‑06 proposed budget, the state is $9.4 billion below its appropriations limit in 2004‑05 and will be $9.7 billion below the limit in 2005‑06. This large gap opened up in 2001‑02 following the steep revenue downturn in that year.

Reserve Provisions. The current limit requires that the state maintain a prudent reserve. Proposition 58 (approved by voters in March 2004) established a specific General Fund reserve entitled the Budget Stabilization Account (BSA), and requires that annual amounts of General Fund revenues be transferred to the account beginning in 2006‑07. Each year, 50 percent of revenues allocated to the fund will be used to repay any outstanding deficit-financing bonds. The remainder is available to the General Fund upon a majority vote of the Legislature.

Legislative Spending. Annual growth in the Legislature’s budget is limited to the change in the state’s appropriations limit.

Proposal

Beginning in 2006‑07, this measure eliminates the existing constitutional provisions relating to state and local appropriations limits and replaces them with a new, more comprehensive limit on state government spending. Local jurisdictions would no longer be subject to an appropriations limit. However, the measure prohibits a local government from spending in any year more than it receives in revenues (including reserve funds).

Some of the main provisions related to the coverage, level, and annual growth rates for the proposed limit are as follows:

Disposition of Excess Revenues. In contrast to the current limit, where excess revenues are established over a two-year period, this measure requires excess revenues to be established annually. Any such excess would first be proportionally allocated between the General Fund and each special fund. The portion attributed to special funds would be held in reserve for expenditures in a subsequent year. The General Fund’s share would be allocated in the following manner:

Any remaining funds would go to the Sales Tax Rebate Account. Moneys in this account would accumulate until there were sufficient amounts to allow for the reduction of the state sales tax rate by at least one-quarter cent for a 12-month period.

Proposition 98 Interactions. The measure would not affect the Proposition 98 minimum funding guarantee growth factors. As a result, total (that is, combined state and local) funding for K-14 education would generally grow faster than the proposed limit over time. General Fund support for Proposition 98, however, is influenced by both the overall growth in the guarantee and the growth rate in local property taxes (which offset, dollar-for-dollar, General Fund spending requirements for K-14 education). We project that relatively high growth in property taxes will reduce General Fund spending growth for K-14 education during the next several years.

Other Provisions and Definitions. The measure would allow spending in excess of the limit for an emergency. It defines “emergency” for this purpose to be a natural disaster or a condition of extreme peril to public safety. It states that an emergency does not include fiscal peril caused by revenue shortfalls, excessive spending, or imprudent budgetary decisions. The measure also:

Voting Requirements for State Tax-Related Legislation

Current Law. Legislation resulting in a tax increase must be approved by a two-thirds vote of both houses of the Legislature. Other tax-related legislation can be enacted with a simple majority vote of both houses. The determination of whether a measure constitutes a tax increase—and thus requires a two-thirds vote—is currently based on the net fiscal impact of its provisions. For example, a measure that results in higher taxes from some taxpayers but an equal (or larger) reduction in taxes from other taxpayers would not result in an aggregate increase in taxes, and thus can be passed with a majority vote.

Proposal. This measure requires that a tax measure be subject to the two-thirds vote requirement if it results in a tax increase for any individual taxpayer—regardless of whether it raises or lowers aggregate taxes.

Definition of Taxes

Current Law. In addition to taxes, the Legislature and local governments may impose fees, assessments, and other charges on individuals and businesses. While the constitutional requirements regarding imposition of these levies vary, the requirements generally involve lower approval thresholds by the governing body and/or voters than is the case for taxes. Current law generally defines fees to be charges related to specific services or regulatory activities. Past court decisions, however, have allowed levies imposed on businesses for remediation or mitigation of past damages to be classified as fees. As a result, these levies are subject to approval by (1) a majority vote of the Legislature (instead of a two-thirds vote that would be required for a state tax) or (2) the local governing board (instead of approval by the local governing board and local voters that would be required for a local tax).

Proposal. The measure expands the definition of what is considered a state or local tax. For example, fees imposed for certain remediation and mitigation purposes and fees for services previously financed by tax revenues would to be classified as taxes under this measure. As a result, after January 1, 2005, these levies would be subject to a (1) two-thirds vote requirement of the Legislature in the case of a state levy or (2) a vote of the governing body and local electorate in the case of a local levy.

Special Session—Pay and Per Diem

Current Law. After a budget is signed into law and it falls out of balance, the Governor is permitted under current law to declare a fiscal emergency and call the Legislature into special session to consider proposals to deal with the fiscal imbalance. If the Legislature fails to pass and send to the Governor legislation to address the budget problem within 45 days after being called into special session, it is prohibited from acting on other bills, or adjourning in joint recess.

Proposal. The measure would also allow the Governor to declare a fiscal emergency in cases where spending is estimated to exceed the limit. Under this measure, after the 45-day period the Legislature and Governor would give up their salary and per-diem payments until legislation dealing with the budget or limit problem was signed by the Governor. No forfeited salary, per diem, or expense allowance could be paid retroactively.

Debt-Related Provisions

Current Situation. California issues general obligation (GO) and lease-revenue (LR) bonds to finance major capital outlay projects such as roads, educational facilities, prisons, parks, water projects, and office buildings. Annual General Fund debt service for these types of bonds is estimated to be about $3.6 billion in 2004‑05, representing about 4.6 percent of projected General Fund revenues during the year. (These numbers exclude the effects of Proposition 57 deficit-financing bonds.) Although financial markets consider debt-service ratios among many other factors when considering the creditworthiness of a state, there are no specific limitations on the amount of state indebtedness imposed by the credit markets or by state law.

Proposal. This measure prohibits the State Treasurer from issuing GO and LR bonds whenever the Department of Finance’s projected debt-service ratio for the current year or any of the four subsequent fiscal years exceeds 6 percent of estimated General Fund revenues. The debt-service ratio calculations would not take into account costs associated with deficit-financing bonds.

Other Provisions

This measure prohibits the state from making any changes to existing budgetary/legal accounting practices that are not in compliance with Generally Accepted Accounting Principles.

Fiscal Impact

This measure would have potentially major fiscal impacts on state and local governments, beginning in 2006‑07.

Effects of Spending Limit

Near-Term Effect. Since 2001-02, the state has faced a large “structural” shortfall between revenues and expenditures. Recent budgets have covered this shortfall partly through spending deferrals, loans, and other onetime or limited-term solutions. As the savings from these limited-term solutions expire, spending under current law will increase faster than revenues in both 2005-06 and 2006-07, leading to a reemergence of the structural shortfall in those years, absent corrective actions.

Given these circumstances, the impact of the proposed spending limit on the 2006-07 budget would depend in large part on how the state addresses the structural shortfall during the 2005-06 and 2006-07 budgets. This is because the proposed limit would grow significantly less than current-law revenues and by substantially less than current-law state expenditures during 2005-06 and 2006-07. Thus, if the budget imbalances are eliminated through ongoing expenditure reductions, then the proposed limit would be only modestly below estimated state spending in 2006-07. However, if the shortfalls are not addressed in this manner, then the proposed limit could be substantially below projected current-law expenditures. Similarly, if revenue growth proves to be stronger than currently expected, this measure would preclude the state from using the added revenues to address the budget shortfall.

Longer-Term Effects. Over the longer term, the proposed limit would likely grow somewhat more slowly than projected spending and revenues under existing law. As a result, this constraining feature of the new limit would have two impacts on the state:

The operation of the excess revenue provisions would result in a reallocation of spending away from most existing non-Proposition 98 programs and toward the repayment of deficit bonds, outstanding Proposition 98 maintenance factor, outstanding transportation loans, and local school or road construction. After the build up of a reserve and the payoff of the above obligations, the measure could also lead to lower sales tax rates in the future.

Local Government Spending. The combination of a tighter state limit and the repeal of local limits could result in increased pressure on local spending over time. This could occur, for example, if the new spending limit caused the state to reduce support for local assistance programs in the areas of health, social services, criminal justice, or other programs.

Other Effects

The initiative would also have a variety of other fiscal impacts.

Summary of Fiscal Effects

The measure would have the following major fiscal impact:

 


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