HomeMy WebLinkAboutMINUTES - 02241987 - 1.52 TO- BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator Costa
DATE'. February 10, 1987 County
SUBJECT: Legislation: Assembly Bill 451 (Peace)
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Support AB 451 by Assemblyman Steve Peace, which defines "higher
level of services" in relation to the Constitutional requirement
that the Legislature fund State-mandated local programs which
require a new or higher level of service in order to clarify that
it is the Legislature' s intent that a requirement for a higher
level of Service, even on a program which was in existence prior
to the Constitutional date after which such programs had to be
funded by the Legislature, are included in, the requirement that
they be funded by the Legislature.
BACKGROUND:
A recent California Supreme Court decision has taken a rather
narrow view of the Legislative and Constitutional requirement
that the Legislature fund State-mandated local programs which
require a new or higher level of service after a specified date.
The Court has concluded that unless a program is "unique" to
local government, the Legislature can mandate a higher level of
service without the need to finance that higher level of service.
This is a devastating interpretation since it effectively
protects many State-mandated programs which may also affect the
private sector from any requirement that the State reimburse
local government for higher levels of service which may be
required by the Legislature at any time in the future.
Assemblyman Steve Peace has introduced AB 451 apparently in an
effort to rectify this Supreme Court decision. AB 451 defines a
'.'higher level of service" as any of the following:
1 . Any statute or executive order which adds a new
requirement to an existing optional program or service
if the local agency has noreasonable alternative other
than to continue the optional program or service.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE; ff"o6 z Z&X.
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)'
ACTION OF BOARD ON February 24, 1987 APPROVED AS RECOMMENDED OTHER
c
1
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT! AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator FEB 2 4 1987
CC: County Counsel ATTESTED
County Auditor PHIL BATCHELOR, CLERK OF THE BOARD OF
Assembl vman Steve Peace SUPERVISORS AND COUNTY ADMINISTRATOR
Larry Naake, CSAC Director
Kathy Snodgrass , Jackson/Barish BY ,DEPUTY
M382/7-83
Page 2
2. Any statute or executive order which removes an option
previously available to the local agency thereby
increasing program or service levels.
3 . Any statute or executive order which prohibits a
specific activity which results in the local agency
using a more costly alternative to provide a mandated
program or service.
4 . Any statute or executive order which requires that an
existing program or service be provided in a shorter
period of time, thereby increasing the costs of that
program.
5. Any statute or executive order which implements or
interprets a statute or amendment adopted or enacted
pursuant to the approval of a statewide ballot measure
by the voters and by that implementation or
interpretation increases program or service levels
above the levels required by that ballot measure.
6 . Any statute or executive order which implements or
interprets a federal statute or regulation and by that
implementation or interpretation increases program or
service levels above the levels required by that
federal statute or regulation.
In that AB 451 clarifies the definition of a "higher level of
service" in a way which will require a more narrow interpretation
of the circumstances under which the Legislature does not have to
reimburse local agencies for the cost of the higher level of
service, we believe the bill deserves the support of the Board of
Supervisors and, therefore, recommend that the Board support AB
451.