10/30/2008 Print Version |
WHEREAS California is and should remain the best place in America to
live, work and raise a family; and
WHEREAS California's long-term prosperity requires that employers and
entrepreneurs invest, remain and grow in the state and that workers desire to
live in the state; and
WHEREAS the quality of life for Californians benefits from essential and
important services provided by state government directly and through funding
for local government operated programs, and it is beneficial for those
essential and important services to have a stable and predictable source of
funding; and
WHEREAS General Fund revenue over the last several decades has fluctuated
dramatically due to changes in the economy in general, but primarily as a
result of the volatility that is inherent in California's current tax system;
and
WHEREAS the volatility inherent in California's current tax system is
reflected by fluctuations during the last decade, as exemplified by:
(a) a
28.1% increase in personal income tax revenue in Fiscal Year 1999/2000,
followed by a 25.9% decrease in personal income tax revenue in Fiscal Year
2001/02;
(b)
a 22.7% decrease in corporate income tax revenue in Fiscal Year 2001/02 and a
27.6% increase in corporate tax revenue in Fiscal Year 2002/03;
(c)
an 11.1% increase in sales and use tax revenue in Fiscal Year 1999/2000 and a
currently estimated 1.4% decrease for Fiscal Year 2007/08; and
WHEREAS the volatility inherent in California's personal income tax is
driven significantly by its reliance on capital gains tax revenues, which have
experienced decreases in the last decade as great as 59.1% in tax year 2001,
and an increase of 64.9% in tax year 2004; and
WHEREAS this fluctuation in General Fund revenues creates difficulty in
funding the operations of government year-to-year, as the need for state
services such as operating state parks, operating state prisons, overseeing
elections and providing funding for healthcare and social services do not
change in response to revenue, but in relation to population, demographics and
service availability; and
WHEREAS this fluctuation in General Fund revenues makes it even more
difficult to plan for those activities of government which, due to their
magnitude, require funding over several decades, including projects for
environmental remediation and infrastructure development; and
WHEREAS the California economy has changed significantly since our tax
code was designed for the economy of the last century, shifting from a
primarily manufacturing- and agriculturally-based economy to an information-
and innovation-based economy; and
WHEREAS, California's current tax system could be improved to provide
greater incentives for firms to increase employment in the state and invest
more in entrepreneurial activities and research that lead to high paying jobs
and more exports; and
WHEREAS an improved tax
system would decrease the pressure for future tax increases to address revenue
shortfalls that will continue to occur if the volatility of the current system
is not reduced; and
WHEREAS Californians would
benefit from an improved tax system that supports a strong economy and job climate
and provides a more predictable revenue source for essential and important
government services; and
WHEREAS elected officials could benefit from a study of tax system
alternatives and information to develop strategies to improve the state's tax
system.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of
California, by virtue of the power and authority vested in me by the
Constitution and statutes of the State of California, do hereby issue this
Order to become effective immediately:
1.
The Commission on the 21st Century Economy (Commission) is hereby
established. It shall consist of twelve members, six of whom shall be
appointed by the Governor, three of whom shall be appointed by the Speaker of
the Assembly, and three of whom shall be appointed by the Senate President pro
Tem. The Governor shall designate one of the members as
chairperson. The members of the Commission shall serve without
compensation and at the pleasure of the official who appointed them.
2.
On or before April 15, 2009, the Commission shall deliver a report to the
Governor and to the Legislature with recommendations to change laws to achieve
the following goals:
a. Establish 21st century tax structure that fits with
state's 21st century economy;
b.
Stabilize state revenues and reduce volatility;
c.
Promote the long-term economic prosperity of the state and its citizens;
d.
Improve California's ability to successfully compete with other states and
nations for jobs and investments;
e.
Reflect principles of sound tax policy including simplicity, competitiveness,
efficiency, predictability, stability and ease of compliance and
administration;
f.
Ensure that tax structure is fair and equitable.
3. The Commission shall be disbanded 30 days after delivery of their report unless the Commission's service is extended by further Executive Order.
4. The Commission shall comply with applicable open meeting laws.
IT IS FURTHER ORDERED that State Agencies shall cooperate and provide
support to the Commission in the implementation of this Order. Other
entities of State government not under my direct executive authority, including
constitutional officers, legislative branch, judicial branch, and local agencies,
are requested to cooperate and provide support to the Commission.
This Order is not intended to create, and does not create, any rights or
benefits, whether substantive or procedural, or enforceable at law or in
equity, against the State of California or its agencies, departments, entities,
officers, employees, or any other person.
I FURTHER
ORDER that, as soon as hereafter possible, this Order be filed in the
Office of the Secretary of State and that widespread publicity and notice be
given to this Order.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 30th day of October 2008.
Arnold Schwarzenegger
Governor of California
ATTEST:
Debra Bowen
Secretary of State

