ATTORNEY GENERAL OPINION: 02-913, 2003 DJDAR 3637

The Attorney General of California (AG) has issued an official Opinion, finding that "a board of supervisors has the discretion, in each fiscal year, to change the allocation of Proposition 172 funds among otherwise eligible public safety service agencies, including an allocation to an otherwise eligible public safety service agency that did not receive an allocation in a prior fiscal year."

The AG found that Government Code section 30056, which states states that "a city or county may not reduce its own sources of funding for public safety services as a consequence of receiving Proposition 172 sales tax revenues." Further, "nothing in section 30056 requires a specific allocation of Proposition 172 revenues to a particular public safety service agency." In addition, "the only 'change' section 30056 requires is when a particular city or county does not match its non-Proposition 172 funding level for a current year when compared to its 1992-1993 base year spending (which would mandate a reduction of Proposition 172 funds)."

*********

As always, prior to taking such action, you should consult your legal counsel. If you have any questions or wish to discuss this matter, please call Martin J. Mayer at (714) 446-1400.