Prop. 36 Q&A

Substance Abuse and Crime Prevention Act of 2000
Proposition 36 -- Q&A: Funding Reauthorization

Q: When does funding in the Act sunset?
A: On June 30, 2006 the $120 million of State General Fund provided each of the last five years for Proposition 36 expires.

Q: When the funding expires do the statutory requirements also expire?
A: No. The only portion of the initiative that included a sunset provision is the funding portion. The statutory requirements will remain in effect.

Q: How can funding be provided after June 30, 2006?
A: An appropriation can be made through the budget act or through a bill, both of which require a 2/3 vote of the Legislature.

Q: If the State does not provide funding, can counties stop providing services?
A: No. The statutory requirement, enacted through a ballot initiative, to provide drug treatment remains in effect.

Q: In the absence of state funding, can counties submit mandate claims for reimbursement for Proposition 36 services?
A: No. Because Proposition 36 was enacted through a vote, the mandate reimbursement process is not applicable. Counties would be expected to continue meeting the statutory requirements; however, counties would need to find another funding source.

Q: Is it true that, if Prop. 36's state funding goes away, counties could lose tens of millions of dollars in federal funding as well?

A: Yes. According to the Legislative Analyst's Office, California could lose $180 million in federal funding over two years if Prop. 36's appropriation is zeroed-out in 2006. The state currently receives federal grants in support of drug treatment programs, most of which are passed through to counties for support of our treatment systems. But the federal government provides this money to the state only if the state complies with "maintenance-of-effort" (MOE) requirements. These rules financially penalize states that reduce the amounts they spend on drug treatment. Such cuts could drastically cut vital recovery programs -- including those that treat non-offenders -- while increasing demands and costs for other county services, such as medical care, mental health, public safety and public aid.

Q: Can the Act be modified?
A: Yes. The Legislature can modify the provisions in Proposition 36 with a 2/3 vote of the Legislature, provided that the changes are consistent with the intent of the initiative.

Q: What can counties do to ensure that funding continues after the sunset date?
A: Counties should be talking to their Assembly Members and Senators about their Proposition 36 services and programs and how the loss of state funding will impact treatment and supervision. Additionally, counties should consider taking members of the Legislature on tours of their Proposition 36 programs. Counties should also share relevant treatment and outcomes data. Funding reauthorization will be a priority for CSAC in 2006. However, it is crucial that members of the Legislature understand how their individual districts are affected.