Bill Text: CA AB594 | 2009-2010 | Regular Session | Introduced

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

---

Bill Title: Land use: housing element.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB594 Detail]

Download: California-2009-AB594-Introduced.html

---

BILL NUMBER: AB 594	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harkey

                        FEBRUARY 25, 2009

   An act to add Section 17580 to the Government Code, relating to
state-mandated local programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 594, as introduced, Harkey. State-mandated local programs.
   Under the California Constitution, whenever the Legislature or a
state agency mandates a new program or higher level of service on any
local government, the state is required to provide a subvention of
funds to reimburse the local government, with specified exceptions.
Existing law establishes a procedure for local governmental agencies
to file claims for reimbursement for these costs with the Commission
on State Mandates.
   This bill would provide that on and after January 1, 2010,
legislation that mandates a new program or higher level of service on
any local government shall include a provision to repeal the
enactment within 6 years and require the Legislative Analyst to
report on the enactment, except for legislation that specifically
makes this requirement inapplicable, contains a provision to repeal
the enactment in less than 6 years, or creates a new crime, changes
the definition of a crime, or changes the penalty for a crime.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 17580 is added to the Government Code, to read:

   17580.  (a) On and after January 1, 2010, any bill in a regular or
extraordinary session of the Legislature that mandates a new program
or higher level of service on any local government pursuant to
Section 6 of Article XIII B of the California Constitution shall
contain a provision to repeal the enactment not later than six years
after it becomes operative and to require the Legislative Analyst to
report to the Legislature not later than five years after it becomes
operative.
   (b) The report by the Legislative Analyst shall contain the costs
to local governments, the reimbursements provided by the state, and
the extent to which the new program or higher level of service
achieved its stated goals. In preparing this report, the Legislative
Analyst shall consult with local governments as well as state
departments. The Legislative Analyst shall include in the report a
recommendation to the Legislature whether the program or level of
service should be repealed, made permanent, modified, or extended for
another fixed period of time.
   (c) Subdivision (a) does not apply to any bill that specifically
makes this section inapplicable, or contains a provision to repeal
the enactment in less than six years.
   (d) This section does not apply to any bill that creates a new
crime, changes an existing definition of a crime, or changes the
penalty for a crime.