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<br />9A <br />Page 2 <br /> <br />'Budget' Continued from Page 1... <br /> <br />The budget produced by the Budget Conference Committee includes $10.4 billion in cuts and <br />savings, $5 billion in revenue accelerations and fee increases, $2.6 billion in fund shifts, $2 billion <br />in tax increases including an oil severance tax, a $1.50 per pack increase in cigarette tax, and the <br />repeal of certain business net operating loss tax deductions, and $2.2 billion in other proposals <br />that include partial sale of the State Compensation Insurance Fund. Other proposals include <br />measures to increase collection of "use tax" which is owed to state and local governments from <br />internet and other out-of state sales. Instead of approving the 5 percent pay cut for state <br />employees as proposed by the Governor. the Committee approved accounting maneuver allows <br />the state to move $800 million of costs from the June 30, 2010 state payroll into FY 2010-11. <br /> <br />The committee closed out its work with many partisan votes: Democrats "aye", and Republicans <br />"no.. The Governor told reporters that he would veto a budget that includes tax increases. This <br />statement is an indication that there will be additional positioning and changes prior to a final <br />budget deal that requires a two-thirds vote of both houses and Governor's signature. <br /> <br />Floor votes on the budget are expected to happen next week. If the proposed budget fails to <br />pass, discussions will likely begin involving the Budget Conference Committee, legislative <br />leadership and the Governor. State Controller John Chiang warned the Legislature that it needed <br />to act quickly to adopt a credible budget plan that will allow the state to borrow to meet its cash <br />flow needs, and the state will not have sufficient cash to pay its obligations after July 29. <br /> <br />Hands off the HUT A <br /> <br />The Budget Conference Committee approved a Department of Finance (DOF) proposal to seize <br />$986.3 million of city and county shares of the Highway User's Tax Account (HUTA), or gas tax, <br />for FY 2009-10. and an additional $750 million per year ongoing to pay for transportation debt <br />services. This provision would devastate local street and road maintenance programs, cost <br />thousands of local jobs, create public safety hazards, and expose communities to fines for not <br />sufficiently sweeping streets and maintaining storm drains. <br /> <br />The League is strongly convinced this proposal is unconstitutional. The League's legal opinion on <br />this matter was prepared by Nielsen, Merksamer. Parrinello, Mueller & Naylor, LLP and released <br />on Friday, June 12. The opinion is available on the League's Web site at <br />www.cacities.ora/HUTAooinion. <br /> <br />City-by-City estimated impacts are also available online. <br />www.californiacitvfinance.com/HUT Aproi FY 1 O.pdf. <br /> <br />Background on HUTA has been posted online. <br />http://www.callfomiacitvfinance.com/HUT Afacts .pdf <br /> <br />Earlier in the budget process, the Legislative Analyst Office (LAO) had a counter-proposal to <br />"borrow" 100 percent of these funds ($1.03 billion) from cities and counties, and repay them with <br />interest within three years. Borrowing is permitted under Section 6, Article XIX of the California <br />Constitution and League attorneys are reviewing potential legalities. This "borrowing" option is not <br />currently on the table. but could re-emerge as legislators become informed on the effects of this <br />proposal. <br /> <br />Cities are taking action to protest the proposed HUT A grab. As of Thursday, June 18, more than <br />65 cities had passed a resolution agreeing that the proposal is unconstitutional and authorizing <br />their city attorney to cooperate with the League and other cities that may engage in litigation on <br />the matter. <br /> <br />Redevelopment Funds atRisk for Three-Year Hit <br /> <br />Even though the Sacramento Superior Court declared unconstitutional the seizure of $350 million <br />in redevelopment funds for the FY 2008-09 budget, the Conference Committee adopted trailer bill <br />language from DOF that attempts to work around the decision. The committee also approved <br /> <br />2 <br />