Bill Text: CA SB113 | 2011-2012 | Regular Session | Introduced
Bill Title: State mandates: reimbursement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB113 Detail]
Download: California-2011-SB113-Introduced.html
BILL NUMBER: SB 113 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
JANUARY 19, 2011
An act to amend Section 17557 of the Government Code, relating to
state mandates.
LEGISLATIVE COUNSEL'S DIGEST
SB 113, as introduced, Liu. State mandates: reimbursement.
Existing law requires the Commission on State Mandates to adopt
parameters and guidelines for reimbursement of claims by local
agencies and school districts for state mandates pursuant to statute.
Existing law authorizes a local agency, school district, or the
state to file a claim asking the commission to amend, modify, or
supplement the parameters or guidelines. Existing law authorizes the
request to amend parameters and guidelines to be filed to make
specified changes to parameters and guidelines, including amending
the boilerplate language.
This bill would require that any amendment of the boilerplate
language that does not increase or decrease the reimbursable costs
shall limit the eligible filing period commencing with the fiscal
year in which the amended parameters and guidelines were adopted.
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 17557 of the Government Code is amended to
read:
17557. (a) If the commission determines there are costs mandated
by the state pursuant to Section 17551, it shall determine the amount
to be subvened to local agencies and school districts for
reimbursement. In so doing it shall adopt parameters and guidelines
for reimbursement of any claims relating to the statute or executive
order. The successful test claimants shall submit proposed parameters
and guidelines within 30 days of adoption of a statement of decision
on a test claim. The proposed parameters and guidelines may include
proposed reimbursable activities that are reasonably necessary for
the performance of the state-mandated program. At the request of a
successful test claimant, the commission may provide for one or more
extensions of this 30-day period at any time prior to its adoption of
the parameters and guidelines. If proposed parameters and guidelines
are not submitted within the 30-day period and the commission has
not granted an extension, then the commission shall notify the test
claimant that the amount of reimbursement the test claimant is
entitled to for the first 12 months of incurred costs will be reduced
by 20 percent, unless the test claimant can demonstrate to the
commission why an extension of the 30-day period is justified.
(b) In adopting parameters and guidelines, the commission may
adopt a reasonable reimbursement methodology.
(c) The parameters and guidelines adopted by the commission shall
specify the fiscal years for which local agencies and school
districts shall be reimbursed for costs incurred. However, the
commission may shall not specify in the
parameters and guidelines any fiscal year for which payment could be
provided in the annual Budget Act.
(d) (1) A local agency, school district, or the state may file a
written request with the commission to amend the parameters or
guidelines. The commission may, after public notice and hearing,
amend the parameters and guidelines. A parameters and guidelines
amendment submitted within 90 days of the claiming deadline for
initial claims, as specified in the claiming instructions pursuant to
Section 17561, shall apply to all years eligible for reimbursement
as defined in the original parameters and guidelines. A parameters
and guidelines amendment filed more than 90 days after the claiming
deadline for initial claims, as specified in the claiming
instructions pursuant to Section 17561, and on or before the claiming
deadline following a fiscal year, shall establish reimbursement
eligibility for that fiscal year.
(2) For purposes of this subdivision, the request to amend
parameters and guidelines may be filed to make any of the following
changes to parameters and guidelines, consistent with the statement
of decision:
(A) Delete any reimbursable activity that has been repealed by
statute or executive order after the adoption of the original or last
amended parameters and guidelines.
(B) Update offsetting revenues and offsetting savings that apply
to the mandated program and do not require a new legal finding that
there are no costs mandated by the state pursuant to subdivision (e)
of Section 17556.
(C) Include a reasonable reimbursement methodology for all or some
of the reimbursable activities.
(D) Clarify what constitutes reimbursable activities.
(E) Add new reimbursable activities that are reasonably necessary
for the performance of the state-mandated program.
(F) Define what activities are not reimbursable.
(G) Consolidate the parameters and guidelines for two or more
programs.
(H) Amend the boilerplate language. For purposes of this section,
"boilerplate language" means the language in the parameters and
guidelines that is not unique to the state-mandated program that is
the subject of the parameters and guidelines. Any amendment that
does not increase or decrease reimbursable costs shall limit
the eligible filing period commencing with the fiscal
year in which the amended parameters and guidelines were adopted.
(e) A test claim shall be submitted on or before June 30 following
a fiscal year in order to establish eligibility for reimbursement
for that fiscal year. The claimant may thereafter amend the test
claim at any time, but before the test claim is set for a hearing,
without affecting the original filing date as long as the amendment
substantially relates to the original test claim.
(f) In adopting parameters and guidelines, the commission shall
consult with the Department of Finance, the affected state agency,
the Controller, the fiscal and policy committees of the Assembly and
Senate, the Legislative Analyst, and the claimants to consider a
reasonable reimbursement methodology that balances accuracy with
simplicity.
