The following is a synopsis of the legislative
platform for the County of Orange. This item is agendized
for consideration by the Board of Supervisors at the January
27 Board meeting. For further information about the legislative
platform, please contact Robert L. Richardson, Manager/Legislative
Affairs, at 834-3481.
County of Orange
State Legislative Priorities
for 1998
(Listed in priority order)
Property Tax Equity:
Orange County has supported the efforts of CSAC and Urban
County Caucus for the last three years to return the property
taxes shifted from local governments in 1992-93 and 1993-94
to the Educational Revenue Augmentation Fund (ERAF). In
doing so, however, it became clear last year that the
County did not significantly benefit by any of the proposed
formulas for returning ERAF. This is primarily because
Orange County has received a disproportionately small
share of its local property tax since 1978 – the
year Proposition 13 was passed and fixed the County’s
share from that time forward. The County has supported
two bills in the last two years to correct this inequity
(AB 3334-Brewer/96 and AB 661-Brewer/97). In 1998, the
County will join forces with the Orange County Taxpayers
Association and the Orange County League of Cities to
again address this issue.
Governor’s Budget:
The Governor’s budget was released on January 9.
As predicted, this year’s new revenues for the 1998-99
State budget are projected to be almost totally committed
based on last year’s legislative actions and the
Governor’s increased funding for education, child
care, and child health. The Governor’s budget continued
his commitment and funding for trial court realignment,
welfare reform, the Citizens Option for Public Safety
Program (COPS), and the Healthy Families program. Orange
County will advocate for the following additional issues
to be included in the 1998-99 State budget: (1) property
tax equity; (2) flood subvention funding for the Santa
Ana Main Stem Project; and (3) funding for the dredging
of Newport Bay. The CEO will return to the Board in early
February with a full analysis of the impact of this year’s
State budget on its agencies and departments.
Discretionary Revenues for Local Governments:
At its annual meeting in November 1997, CSAC determined
that its number one priority for its 1998 legislative
agenda would be the return of discretionary revenues to
counties. While there are still some members who believe
that there is still some chance of returning ERAF to the
counties, most do not. In fact, members have been openly
dissuaded by high ranking members of the Legislature and
the Administration from seeking funding through this avenue.
Instead, other program funding will be sought for counties
including reimbursement for the school’s share of
property tax administration costs, flood subventions,
agricultural commissioners’ pest detection activities,
continued use of the armories for homeless shelters, etc.
Orange County lobbyists will be supportive of CSAC’s
efforts in these areas this year.
Revenue Neutrality for Incorporations:
In 1993, counties achieved legislation which requires
"revenue neutral" incorporations, meaning that
a county cannot lose more revenues than it once spent
providing services to the area. In 1996, CSAC and the
League of Cities squared off on this issue and the counties
prevailed. In 1997, the same issue arose and, as a result
of intensive negotiations between CSAC, the League, and
others, a new process for resolving annexation/incorporation
agreements was established through SB 466 (Rainey). Despite
these negotiations and subsequent agreement, it is anticipated
that the League of Cities will make another attempt to
change the annexation process. Orange County has been
working with CSAC on this issue and will continue its
efforts in this area.
Proposition 172 Challenges:
Proposition 172, passed by the voters in 1994, provided
a half cent of sales tax revenue for public safety services.
It also gave local jurisdictions the ability to decide
which among its local public safety services (sheriff,
fire, district attorney, public defender, probation) would
receive these funds. In some areas of the State, public
safety entities which have not received a share of the
original Prop. 172 allocation are requesting growth from
the revenues. Orange County will join CSAC, the Sheriff’s
Association, and others in opposing legislation which
would weaken local control over this funding source.
Trial Court Realignment and Welfare Reform Legislation
Clean-up:
Trial Court Realignment legislation represented a "broad
brush" approach to the issue and created a great
many questions and concerns among counties and courts
as well. This year, these implementation questions may
require legislative answers. In addition, other areas
of the original legislation have been identified as needing
clarification. In the area of welfare reform, CSAC and
the California Welfare Director’s Association have
already indicated their intention to introduce legislation
this year to provide additional flexibility to counties
in the administration of welfare programs, to address
changes in policies by the Federal government, and to
allow for individual situations of counties not able to
meet their enrollment goals. Orange County advocates will
support these efforts only after a review of the specific
legislative proposals and authorization by the Board.
Sponsored Legislation:
Orange County proposes to sponsor or co-sponsor 14 bills
this session. Seven of these are two-year bills carried
over from last year. Key among these are the proposals
for achieving property tax equity (priority #1) and for
clarifying bankruptcy bond legislation from 1995. Because
of the large number of bills and the short time frame
in which to achieve passage, Board members and department
staff will be required to take an active role this year
in promoting their bills.
County of Orange
Federal Legislative Priorities
for 1998
(Listed in priority order)
MCAS El Toro Reuse Plan.
In 1996, the County of Orange, with the adoption of the
base reuse plan in December 1996, retained the firm of
Hill & Knowlton to represent its interests in Washington
D.C. on base reuse activities including various elements
of the Federal administration. The approval process will
require the involvement of the Board of Supervisors and
key staff in Washington, D.C., as well as the County’s
Washington legislative advocate and special counsel.
2. Intermodal Surface Transportation Efficiency Act 1991
(ISTEA).
Congress was unable to reach consensus on an annual year
successor bill for ISTEA, and, as a result, passed legislation
to simply extend ISTEA for six months beyond the September
30, 1997 deadline. A key issue for Orange County is the
redesignation process of State and Local MPOs (Metropolitan
Planning Organizations). The Southern California MPO,
SCAG, is the nation’s largest, and efforts will focus
on advising a fair redesignation process.
3. Santa Ana River Project.
In 1997, the County secured a major victory when the Assistant
Secretary of the Army decided that the Prado Dam project
was responsible for the rest of the Santa Ana River project.
Efforts will continue to focus on obtaining funds for
the Prado Dam project in the President’s budget.
FEMA.
The Federal Emergency Management Agency advanced $4.1
million to the County of Orange in January 1995 in the
wake of severe storms. A difference of interpretation
exists, however, and FEMA claims that this amount was
to help the County during bankruptcy. Efforts will center
on FEMA, the Corps of Engineers, the Administration, and
a strongly supportive Orange County delegation to secure
a favorable resolution.
Endangered Species Act Reauthorization:
Legislation that will codify the "no surprises"
doctrine pioneered in Orange County to facilitate comprehensive
planning will be considered early this year; the President
has pledged his support already.
6. Tobacco Settlement:
Late last year, Senator Frank Lautenberg (D-NJ) and Representative
Jim Hansen (R-UT) introduced the Public Health and Education
Resource (PHAER) Act, Senate Bill 1343. It imposes a $1.50
per pack tax on cigarettes, phased in over the next three
years. The proceeds are going to be divided: 25% to Federal
public health programs and 75% to State public health
programs. The bill would end federal preemption of local
tobacco advertising regulations and mandate that local
governments receive an equitable allocation of the State
share of the PHAER tax proceeds. The National Association
of Counties (NACo) and other national organizations are
gearing up to push this bill in 1998 as the most viable
alternative to the proposed Tobacco Settlement bill from
last year.
7. Sponsored Legislation:
In 1997, Orange County proposed a Federal legislative
proposal to permit local agencies to intercept Federal
income tax refunds and use the money to pay overdue court-ordered
obligations. This proposal was approved by the NACo in
February.
County of Orange
Sponsored Legislation
For 1998
INTRODUCTION
The discussion papers in this package outline proposed
legislation for the County of Orange sponsorship in 1998.
In addition, the County is currently carrying or supporting
seven issues which were either carried over from last
year’s adopted Legislative Platform or adopted by
the Board in subsequent actions. These proposals include:
Property Tax Distribution Reform:
This proposal would redress property tax distribution
inequities by shifting funds in "under-equity"
school districts from the Educational Revenue Augmentation
Fund (ERAF) back to counties, cities and special districts.
This proposal has been updated and appears in the attached
documents in a separate section. (Adopted as part of the
County of Orange Legislative Platform on January 14, 1997).
Local Discretion on Contract Bidder’s Security:
Introduced in 1997 as AB 990 (Ashburn), this bill would
give local agencies the discretion on whether they require
security on bids from contractors of public works projects
under $75,000. (Adopted as part of the County of Orange
Legislative Platform on January 14, 1997).
Expansion of Counties’ Ability to Contract Out for
Services:
Introduced as SB 428 (Hurtt) in 1997, this bill would
authorize General Law counties to contract for the performance
of certain government activities. (Adopted as part of
the County of Orange Legislative Platform on January 15,
1997).
Clarification of the 1995 Bankruptcy Recovery Statutes:
This proposal would further validate in statute the legislation
enacted by the Legislature in 1995 which pledged certain
revenues for the repayment of the County’s bankruptcy
recovery bonds. (Adopted as requested by CEO in a memo
dated April 30, 1997)
District Attorney Family Support Unit Pilot Program:
Introduced as SB 1210 (Hurtt) in 1997, this proposal would
establish a pilot project for child support collection
in Orange County. (Adopted by the Board of Supervisors
on March 18, 1997)
Modification of the Final Map Act Approval Process:
This proposal would allow the County of Orage to delegate
to a designated official the ability to approve final
maps, improvement agreements and offers of dedications.
(Adopted by the Board of Supervisors on March 18, 1997).
Establishment of a Federal Tax Intercept Program: This
federal proposal would permit local agencies to intercept
the Federal tax returns of taxpayers who owe outstanding
court-ordered obligations in criminal and juvenile justice
proceedings. (Adopted as part of the County of Orange
Legislative Platform on January 14, 1997).
SUMMARY OF 1998 PROPOSALS AND RECOMMENDED ACTIONS
A summary of the 1998 proposals and the CEO’s recommendations
for Board action follow:
Refunding of Nuclear Power Preparedness Programs:
This proposal would continue funding for the Nuclear Power
Preparedness Programs at San Onofre in San Clemente and
Diablo Canyon on San Luis Obispo to provide coordinated
integrated preparedness and response in the event of an
emergency.
Recommendation:
Support or co-sponsor this proposal with San Luis Obispo
County.
Transfer of Audit Functions:
This proposal would allow the Orange County Board of Supervisors
to direct that audits required by statute to be performed
by the Auditor, be performed by a County officer who meets
requirements as specified.
Recommendation:
Sponsor and seek inclusion of the legislative language
into the annual local government omnibus bill.
Funeral Expenses for Children under Care of Legal Guardians:
This proposal would provide state funds for children’s
funeral expenses to foster parents who become legal guardians.
Recommendation: Sponsor.
Liability for Welfare Reform Diversion Payments:
The proposal would grant counties immunity from liability
if they provide welfare applicants lump-sum diversion
payments for vehicle-related expenses.
Recommendation:
Sponsor.
Aid Payments to Targeted Assistance to Needy Families
(TANF) Recipients:
This proposal would remove the current income exemption
when calculating the net income of a family when a recipient
is removed from assistance for any reason.
Recommendation:
Sponsor.
Private Party Licenses of County Real Property:
This proposal would allow the Orange County Board of Supervisors,
by resolution, to authorize a County officer to enter
into licenses of County property to private third parties.
Recommendation:
Sponsor and seek inclusion of the legislative language
into the annual local government omnibus bill.
Incentives to Facilitate Annexations of Small County Islands:
This proposal would establish a multi-year subvention
program for cities which annex small county islands in
Orange County funded through Vehicle License Fee revenues
and simplify the LAFCo process for annexation.
Recommendation:
Co-sponsor with the League of California Cities, Orange
County Division
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