Bill Text: CA AB392 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: State mandates: prorated claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-12 - Chaptered by Secretary of State - Chapter 77, Statutes of 2013. [AB392 Detail]

Download: California-2013-AB392-Amended.html

---

BILL NUMBER: AB 392	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 5, 2013

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 15, 2013

   An act to amend  Section   Sections 
17567  and 17613  of the Government Code, relating to state
mandates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 392, as amended, Jones-Sawyer. State mandates: prorated claims.

   The California Constitution, whenever the Legislature or a state
agency mandates a new program or higher level of service on any local
government, including school districts, requires  the state
is to provide  a subvention of funds to reimburse the local
government, with specified exceptions. Existing law requires the
Controller to prorate claims if the amount appropriated for
reimbursement is not sufficient to pay all of the claims approved by
the Controller. Existing law requires the Controller to report to the
Department of Finance and various legislative entities when it is
necessary to prorate claims.
   This bill would delete that reporting requirement and would
require the Controller to determine the most cost-effective
allocation method if $1,000 or less is appropriated for a program.
 This bill would also make a conforming statutory change. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17567 of the Government Code is amended to
read:
   17567.  In the event that the amount appropriated for
reimbursement purposes pursuant to Section 17561 is not sufficient to
pay all of the claims approved by the Controller, the Controller
shall prorate claims in proportion to the dollar amount of approved
claims timely filed and on hand at the time of proration. The
Controller shall adjust prorated claims if supplementary funds are
appropriated for this purpose. Notwithstanding any other law, if one
thousand dollars ($1,000) or less is appropriated for a program, the
Controller shall determine the most cost-effective allocation method.

   SEC. 2.    Section 17613 of the   Government
Code   is amended to read: 
   17613.  (a) The Director of Finance  may, upon receipt of
any report submitted pursuant to Section 17567,  may
 authorize the augmentation of the amount available for
expenditure to reimburse costs mandated by the state, as defined in
Section 17514, as follows:
   (1) For augmentation of (A) any schedule in any item to reimburse
costs mandated by the state in any budget act, or (B) the amount
appropriated in a local government claims bill for reimbursement of
the claims of local agencies, as defined by Section 17518, from the
unencumbered balance of any other item to reimburse costs mandated by
the state in that budget act or another budget act or in an
appropriation for reimbursement of the claims of local agencies in
another local government claims bill.
   (2) For augmentation of (A) any schedule in any budget act item,
or (B) any amount appropriated in a local government claims bill,
when either of these augmentations is for reimbursement of mandated
claims of school districts, as defined in Section 17519, when the
source of this augmentation is (A) the unencumbered balance of any
other scheduled amount in that budget act or another budget act, or
(B) an appropriation in another local government claims bill, when
either of these appropriations is for reimbursement of mandate claims
of school districts. This paragraph applies only to appropriations
that are made for the purpose of meeting the minimum funding
guarantee for educational programs pursuant to Section 8 of Article
XVI of the California Constitution.
   (b) No authorization for an augmentation pursuant to this section
may be made sooner than 30 days after the notification in writing of
the necessity therefor to the chairperson of the committee in each
house which considers appropriations and the chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser
time as the chairperson of the joint committee, or his or her
designee, may in each instance determine.