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Home My WebLink AboutMINUTES - 01101995 - 1.43 TO: BOARD OF SUPERVISORS Contra FRGM:z Phil Batchelor, County Administrator - jt Costa z County January 4 , 1995 >i;•. �T� DATE: SUBJECT: LEGISLATION: SB 11 (Ayala) - ENACTMENT OF UNFUNDED STATE MANDATES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt a position in SUPPORT of SB 11 by Senator Ruben Ayala, which would provide that all state-mandated local programs, with specified exceptions which generally are the existing Constitutional and statutory exceptions, enacted after the effective date of SB 11, are inoperative unless they are fully funded by the state. The bill would, however, allow local governments to implement any of these programs using local resources . BACKGROUND: Existing law requires the state to reimburse local agencies and school districts for the costs of state-mandated local programs . The Constitution and state statutes provide for a variety of exceptions for such legislation as bills adding new crimes or increasing the punishment of existing crimes, legislation requested by a. local agency, legislation for which the local agency has fee- raising authority sufficient to offset the costs, and similar exceptions . Experience in recent years, however, has shown that the Legislature is not only able but willing to rather routinely waive these statutory requirements in order to implement legislation, regardless of the cost on local agencies . This has necessitated a lengthy and frustrating process of filing claims with the State Mandates Claims Commission and waiting months or years to determine whether the County will be able to recover any of these additional costs . In the meantime, and regardless of the outcome, the County is required to implement the program, using local funds . . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON •TaniiarV 1-0-i-199 ri APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I 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. JAIN 16 ATTESTED -Nero Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR BY ' A A �� DEPUTY r , -2- Senator 2- Senator Ayala has introduced SB 11 which, as introduced, would do all of the following: o Make inoperative, with specified exceptions, unless fully funded by the State, all state-mandated local programs which are enacted on or after the effective date of this bill . o The exceptions to which the bill would not apply, include the following: ♦ Legislative mandates requested by the local agency affected. ♦ Legislation defining a new crime or changing an existing definition of a crime. ♦ Legislation that affects legislative mandates that were originally enacted prior to January 1, 1975 . ♦ Legislation implementing mandates imposed by the Federal Government. ♦ Legislation that affirms for the State that which has been declared existing law by action of the courts . ♦ Legislation for which the local agency has authority to levy service charges, fees or assessments sufficient to pay for the mandated program or increased level of service. ♦ Legislation that provides for offsetting savings that result in no net increase in costs for the local agency. ♦ Legislation approved by the voters . ♦ Legislation placing mandates on the schools, county superintendents of schools or community college districts . o Permit, but not require, local agencies to implement any of these unfunded state mandated programs with local resources should full State funding not be provided. o Include an urgency clause so that the legislation would become effective as soon as it is signed by the Governor. The Board of Supervisors has for several years, objected to unfunded State mandates and has supported legislation similar to SB 11 in the past. In view of the Board' s past positions on the subject of unfunded State mandates, it appears to be appropriate to support SB 11 which again places the Board on record in regard to this important issue. cc: Kenneth J. Corcoran, Auditor-Controller Victor J. Westman, County Counsel Tony Enea, Senior Deputy County Administrator George Roemer, Senior Deputy County Administrator Sara Hoffman, Senior Deputy County Administrator Les Spahnn, Heim, Noack & Spahnn Bank of California Center 770 L Street, Suite 960 Sacramento, CA 95814 Dan Wall, Legislative Representative California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814-3941 SENATE BILL No. 11 Introduced by Senator Ayala (Principal coauthor: Assembly Member Aguiar) December 5, 1994 An act to add Section 17501 to the Government Code, relating to state-mandated local programs, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 11, as introduced, Ayala. State-mandated local programs. Existing law requires the state to reimburse local agencies and school districts for the costs of state-mandated local programs. This bill would provide that all state-mandated local programs, with specified exceptions, enacted after the effective date of this bill are inoperative unless fully funded by the state. It would authorize local governments to implement those programs with their own resources. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 17501 is added to the 2 Government Code, to read: 3 17501. (a) Notwithstanding any other provision of 4 law, unless fully funded by the state, all state-mandated 99 • — 3 — SB 11 of 1 safety within the meaning of Article IV of the 2 Constitution and shall go into immediate effect. The facts :he 3 constituting the necessity are: 4 In order to resolve the state's financial emergency as cal 5 soon as possible, it is necessary that this act take effect 6 immediately. an :he or on ve ng � 1 lat .ng icy or Im lat ult nal ►sts :he zat lot on. ;ed or cal .eir ed. LLhe or O 99 99