HomeMy WebLinkAboutMINUTES - 02031987 - 1.28 BOARD OF SUPERVISORS ' Al
To:
FROM Phil Batchelor Contra
County Administrator
Costa
DATE: January 26, 1987
SUBJECT: Legislation: Senate Constitutional Amendment 8 (Nielsen)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support for Senate Constitutional Amendment 8
by Senator Nielsen which would require a 2/3 vote in each house
of the Legislature in order to pass any State-mandated local
program except for those requested by a local jurisdiction and
those dealing with crimes.
BACKGROUND:
The California Constitution presently requires the State to
provide a subvention of funds to reimburse local governments for
the cost of any new program or increased level of service imposed
on local government by the Legislature or any State agency.
However, it is possible to .pass such statutes if they do not
carry an appropriation by a majority vote.
Senator Nielsen has introduced SCA 8 which would require a 2/3
vote to pass any legislation imposing a State-mandated local
program. This increased vote requirement will make it more
difficult to pass such State-mandated local programs and is
consistent with the existing requirement that if a bill contains
an appropriation it must pass by a 2/3 vote. It should not be
easier to pass a State-mandated local program that does not
include an appropriation than to pass a mandate which does
include an appropriation. SCA 8 excludes from this 2/3 vote
requirement the existing Constitutional waivers for legislation
requested by a local agency, or legislation defining a new crime
or changing an existing definition of a crime.
As part of the effort to make it more difficult for the
Legislature to impose State-mandated programs on local government
without paying for them, SCA 8 deserves the support of the Board
of Supervisors.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
S I GNATURE(S 1:
ACTION OF BOARD ON February 3, 1987 APPROVED AS RECOMMENDED OTHER
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
cc: Auditor-Controller ATTESTED 1987
Senator Jim Nielsen PHIL BATCHELOR, CLERK OF THE BOARD OF
Larry Naake, Exec. Dir. , CSAC SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83