ASSEMBLY BILL 2115 (ASSEMBLY COMMITTEE ON BUDGET – 2004)
CHAPTER 610, STATUTES OF 2004 - AB 2115
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Sections relating to local government finance in the Government Code, Health and Safety Code and Revenue and Taxation Code were affected in 2004 following legislative approval of Assembly Bill 2115. (See Exhibit A, #1d) The Assembly Committee on Budget introduced the bill on February 18, 2004 as a spot bill intended to be a “Budget Trailer Bill.” (See Exhibit A, #1a and #3a, page 1) “Spot Bills” are basically “bookmarks” for a later incorporation of a lengthier legislative proposal once its terms are finalized. It assures that legislative time frames for the introduction and consideration of bills are timely met. A “budget trailer bills” is a measure carrying substantive law changes to implement the fiscal decisions reached in a particular year’s budget bill.
Assembly Bill 2115 was assigned to the Assembly Committee on Budget where policy issues raised by the bill were considered. (See Exhibit A, #2) Two amendments were made to Assembly Bill 2115. (See Exhibit A, #1b, #1c and #2) Subsequent to legislative approval, Governor Arnold Schwarzenegger signed the bill on September 20, 2004, and it was recorded by the Secretary of State as Chapter 610 of the Statutes of 2004. (See Exhibit A, #1d and #2)
Assembly Bill 2115 contained an urgency clause which caused the bill to go into immediate effect. The reason for this urgency can be found in section 16 of Chapter 610 wherein it states:
In order to enact the statutory changes needed to implement the Budget Act of 2004 to allow the state and local governments to preserve the public peace, health, and safety, it is necessary that this act take effect immediately. (See Exhibit A, #1d, page 34)
Because Assembly Bill 2115 was a budget trailer bill and was not referred to a Committee there are few analyses and no Committee files available. The only analyses on the bill are the Third Reading analysis prepared by the Office of Senate Floor Analyses and the Concurrence in Senate Amendments prepared by the Committee on Budget. (See Exhibit A, #3 and #4)
The Third Reading analysis provided the following digest of Assembly Bill 2115 as it was last amended on August 23, 2004:
Senate Floor Amendments of 8/23/04 delete the prior version relating to education finance which was placed into a Senate bill that was used as a trailer bill.
The bill now makes corrections to SB 1096 (Senate Budget and Fiscal Review Committee), Chapter 211, Statutes of 2004, the Local Government Trailer Bill.
(See Exhibit A, #3b, page 1)