Bill Text: CA ACA17 | 2011-2012 | Regular Session | Introduced
Bill Title: State-mandated local programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-14 - Referred to Com. on L. GOV. [ACA17 Detail]
Download: California-2011-ACA17-Introduced.html
BILL NUMBER: ACA 17 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 15, 2011
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 6
of, and adding Section 6.5 to, Article XIII B thereof, relating to
state finances.
LEGISLATIVE COUNSEL'S DIGEST
ACA 17, as introduced, Logue. 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 regard to certain
mandates imposed on a city, county, city and county, or special
district that have been determine to be payable, the Legislature is
required either to appropriate, in the annual Budget Act, the full
payable amount of the mandate, determined as specified, or to suspend
the operation of the mandate for the fiscal year. The California
Constitution provides that the Legislature is not required to
appropriate funds for specified mandates.
This measure would apply the existing requirement that the
Legislature either appropriate the full payable amount of a mandate
or suspend the mandate only through the 2011-12 fiscal year.
The measure would instead prohibit the Legislature or a state
agency from mandating a new program or higher level of service on any
local government, except as specified, unless the local government
is reimbursed for the costs of that new program or higher level of
service. The measure would provide that if, on or after July 1, 2012,
the Legislature adopts a statute that mandates a new program or
higher level of service on any local government, the mandate would
not become operative until the operative date of an appropriation of
funds to reimburse all affected local governments for the costs of
the new program or higher level of service for the remainder of the
fiscal year in which the mandate becomes operative. The measure would
impose parallel requirements with regard to a regulation mandating a
new program or higher level of service.
The measure would add, as an additional exemption from the
mandates for which the Legislature is required to appropriate funds,
a mandate for which the governing body of the local government has
statutory authority to impose a fee, assessment, or other charge that
pays for the costs of the program or increased level of service and
that is paid to the local government by the person or entity that is
subject to, is regulated by, or otherwise benefits from, the new
program or higher level of service.
The measure would authorize a local government to file an action
in superior court to challenge the adequacy of the actions taken by
the Legislature to reimburse local governments if the Legislature or
a state agency mandates a new program or higher level of service. The
measure would require the superior court to include, within an order
upholding a challenge brought by the local government, an order
identifying the amount the court determines is reasonably necessary
to reimburse the local government for the costs of the new program or
higher level of service.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular
Session, commencing on the sixth day of December 2010, two-thirds of
the membership of each house concurring, hereby proposes to the
people of the State of California, that the Constitution of the State
be amended as follows:
First-- That Section 6 of Article XIII B thereof is amended to
read:
SEC. 6. (a) Whenever the Legislature or any state
agency mandates a new program or higher level of service on any local
government, the State shall provide a subvention of funds to
reimburse that local government for the costs of the program or
increased level of service, except that the The
Legislature or a state agency shall not mandate a new program or
higher level of service on any local government, other than a mandate
described in subdivision (c), unless the local government is
reimbursed for the costs of that new program or higher level of
service in accordance with this section .
(b) (1) On or after July 1, 2012, if the Legislature adopts a
statute that mandates a new program or higher level of service on any
local government, the mandate shall not become operative until the
operative date of an appropriation of funds in an amount not less
than the amount necessary to reimburse all affected local governments
for the costs of the new program or higher level of service for the
remaining period of the fiscal year in which the mandate becomes
operative.
(2) On or after July 1, 2012, if a state agency adopts a
regulation that mandates a new program or higher level of service on
any local government, the mandate shall not become operative until
the operative date of an appropriation of funds in an amount not less
than the amount necessary to reimburse all affected local
governments for the costs of the new program or higher level of
service for the remaining period of the fiscal year in which the
regulation becomes operative.
(3) On and after July 1, 2013, for any mandate that became
operative in a prior fiscal year, if the Legislature fails to
appropriate funds to reimburse all affected local governments for the
cost of the mandate for the current fiscal year, the mandate shall
become inoperative on January 1 of that fiscal year. The mandate
shall remain inoperative until the operative date of an appropriation
in the amount necessary to reimburse all affected local governments
for the costs of the program or higher level of service for the
remaining period of the fiscal year.
(c) The Legislature may, but need
not, provide a subvention of appropriate
funds for the following mandates:
(1) Legislative mandates requested by the local agency affected.
(2) Legislation defining a new crime or changing an existing
definition of a crime.
(3) Legislative mandates enacted prior to January 1, 1975, or
executive orders or regulations initially implementing legislation
enacted prior to January 1, 1975.
(4) Legislation for which the governing body of the affected local
government has statutory authority to impose a fee, assessment, or
other charge that pays for the full costs of the new program or
increased level of service and that is to be paid to the local
government by the person or entity that is subject to, is regulated
by, or otherwise benefits from, the new program or increased level of
service.
(b)
(d) (1) Except as provided in paragraph (2), for the
2005-06 fiscal year and every subsequent fiscal year
to the 201 1 -1
2 fiscal year , inclusive, for a
mandate for which the costs of a local government claimant have been
determined in a preceding fiscal year to be payable by the State
pursuant to law, the Legislature shall either appropriate, in the
annual Budget Act, the full payable amount that has not been
previously paid, or suspend the operation of the mandate for the
fiscal year for which the annual Budget Act is applicable in a manner
prescribed by law.
(2) Payable claims for costs incurred prior to the 2004-05 fiscal
year that have not been paid prior to the 2005-06 fiscal year may be
paid over a term of years, as prescribed by law.
(3) Ad valorem property tax revenues shall not be used to
reimburse a local government for the costs of a new program or higher
level of service.
(4)
(3) This subdivision applies to a mandate only as it
affects a city, county, city and county, or special district.
(5)
(4) This subdivision shall not apply to a requirement
to provide or recognize any procedural or substantive protection,
right, benefit, or employment status of any local government employee
or retiree, or of any local government employee organization, that
arises from, affects, or directly relates to future, current, or past
local government employment and that constitutes a mandate subject
to this section.
(e) Ad valorem property tax revenues shall not be used to
reimburse a local government for the costs of a new program or higher
level of service.
(c)
(f) A mandated new program or higher level of service
includes a transfer by the Legislature from the State to cities,
counties, cities and counties, or special districts of complete or
partial financial responsibility for a required program for which the
State previously had complete or partial financial responsibility.
Second-- That Section 6.5 is added to Article XIII B thereof, to
read:
SEC. 6.5. (a) As an alternative to any other procedure
provided by law, a local government may bring an action against the
State in the superior court to challenge the adequacy of the actions
taken by the Legislature to reimburse the local government in an
amount necessary to pay for the costs of a new program or higher
level of service, as required by Section 6.
(b) If, based on the pleadings, the superior court determines that
there is a reasonable likelihood that the local government will
prevail in an action brought pursuant to this section, the superior
court shall appoint a special master or other neutral evaluator to
recommend to the court the amount of funds necessary to reimburse the
local government for the costs of the new program or higher level of
service, as required by Section 6.
(1) The special master or other neutral evaluator shall consult
with persons and entities familiar with the statute or regulation and
the costs of its implementation, including, but not limited to,
representatives of the State and representatives of local government.
(2) The superior court shall include, within an order upholding a
challenge brought by a local government, an order identifying the
amount the court determines is necessary to reimburse the local
government for the costs of the new program or higher level of
service, as required by Section 6.
(c) The superior court may enjoin the operation of the mandate
during the pendency of an action filed pursuant to this section, and,
subsequently, upon a holding of the court that a local government is
not required to implement a mandate because the Legislature has
failed to appropriate funds in the amount determined by the court
pursuant to subdivision (b).
