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�� . STATE SUPREME COURT WEIGHS IN ON BUDGET from page 1 • • • • • • • • • • • • • • • SAME-SEX MARRIAGES Modifications to the Cut Formula. Language Last week the California Supreme Court to implement the cuts to cities needs to be altered issued an opinion concluding that San Francisco to ensure that it follows the formula agreed to by officials lacked the authority to issue marriage local government, the govemor and the legislature. licenses to for same-sex couples, solemnize their marriages or register their certificates of marriage. Citv Borrowinq Aqainst Proqertv Tax. Cities are seeking the authority to borrow against prop- In Lockyer v. City and County of San Fran- erty taxes that must be repaid to local govern- . cisco (2004 WL 1794627), the Court �ound that ment, if the state ever borrows local government local executive officials exceeded their authority property taxes in the future. when they declined to enforce the statute enacted by the California Defense of Marriage Act on the Redevelopment Flexibilitv. Pursuant to the basis that it was unconstitutional. The Court budget agreement with the Governor's office, the concluded that once a statute has been enacted it cities are seeking the flexibility to permit a redevel- is up to the judiciary, and not the executive branch, opment agency to pay a city's or county's share of to interpret the statute and to determine its consti- the cuts under the legislation proposed for fiscal tutionality. years 2004-05 and 2005-06. The payment by the RDA would be in the form of a loan. It was argued that public officials are able to obtain legal advice from either a county counsel or Redeveloament Borrowinq. Language city attorney prior to disobeying a statute on the allowing a redevelopment agency to borrow funds ground it was unconstitutional. But the Court under a pooled bonding arrangement to pay its stated that county counsel and city attorneys are share of the cuts to RDA's was omitted from the also executive officers and lack the necessary legislation and needs to be included in the authority to determine whether a statute is uncon- cleanup. stitutional and should not be followed. Besides, the Court asserted a public official "is under no Redeveloqment and Schools. Language is obligation to act in accordance with a legal opinion needed to ensure that there is no negative impact (often given confidentially) provided by a county on statutory pass-through agreements between counsel or city attorney". school districts and redevelopment agencies. As part of its ruling, the Court ordered the San Governor Signs Trailer Bills on Booking Fees, Francisco county clerk and county recorder to Enterprise Zones, Sales Tax Exemption on notify all same-sex couples that their marriages Luxury Vehicles, Boats, and other Measures are void and to offer refunds, upon request, of all marriage related fees. The county is also required This week the Governor signed several other to make appropriate corrections to all relevant budget trailer bills to implement the 2004-05 State records. Budget. Cities will be pleased to note that the bills signed included SB 1102, which reauthorizes the One question not addressed in the Court's booking fee subvention for FY 04-05. Other items ruling is whether the state's statutory provisions of interest to cities in the enacted legislation limiting marriage to a union between a man and a include: woman are constitutional. In the event those statutes are determined to be unconstitutional in • SB 1097 is a technical clean-up bill, the future, the Court stated that same-sex couples primarily addressing the elimination of the Trade would be free to obtain valid marriage licenses and Commerce Agency. A section on Enterprise and enter into valid marriages. Zones adds the local government agency adminis- tering the zone to the list of agencies that may Continued on Page 5 PAGE 2/PRIORITY FOCUS Visit the League's Offcial Web Site--www.cacities.org