HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1437 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Supporting the CSAC Position )
of Not Implementing 1981 State Legislation )
that Does Not Fully Conform and Comply with ) RESOLUTION NO. 81/ 1437
Article XIIIB, Section 6 ("Gann Spending )
Limitation") of the State Constitution. }
WHEREAS, Proposition 4 of 1979, the "Spirit of 13 " specifies
the state' s responsibility for reimbursing local government for new
state mandated programs. Section 6 of Article XIII B defines that
constitutional requirement:
"Sec. 6. 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 such local government for the
costs of such program or increases level of service,
except that the Legislature may, but need not, provide
such subvention of funds for the following mandates:
" (a) Legislative mandates requested by the
local agency affected;
" (b) Legislation defining a new crime or
changing an existing definition of a
crime; or
" (c) Legislative mandate enacted prior, to
January 1, 1975, or executive orders or
regulations initially implementing
legislation enacted prior to January 1,
1975. " and
WHEREAS the Legislature in enacting various conforming legis-
lation in the last two years, has been unwilling to amend state
statute to comply with this part of Proposition 4 ' s constitutional
requirement. In addition, this year it almost disregarded any
obligation to even reimburse counties for mandates by eliminatingmostof the counties SB 90 reimbursements in the last SB 90 claims bill
(SB 1261) which was signed by the Governor in September. In most
cases, the claims that were eliminated by the Legislature, were
recommended for payment by the Department of Finance and the
Legislative Analyst; and
WHEREAS based on the language of Article XIII B, Section 6 of
the State Constitution, and information provided on the intent of
those provisions, it is clear that any 1981 legislation mandating
"a new program or higher level of service" on a county that would
also cost money to implement or operate, must also contain an
appropriation to reimburse counties. In addition, it' s clear that,
(1) only legislative mandates requested by the local agency affected;
and (2) legislation defining a new crime or changing an existing
definition of a crime are exempted from that requirement; and
WHEREAS on November 19, 1981, the CSAC Board of Directors
voted unanimously to recommend that California counties not implement
1981 state legislation that does not fully comply with Article XIIIB,
Section 6 (Gann Spending Limitation) of the State Constitution;
RESOLUTION NO. 81/1437
J,��
NOW, THEREFORE, THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUNTY HEREBY RESOLVES that it supports in concept the policy
position adopted by the Board of Directors of the County
Supervisors Association of California in this matter, and urges
the County Supervisors Association of California to explore
resolution of this matter through the courts, as by declaratory
relief.
vote :PASSED by the Board on December 8 , 1981 , by the following
AYES: Supervisors Fanden, Schroder, McPeak, Torlaksdn,
Powers
NOES : None
ABSENT: None
t h"by certify that this is a true and correct copy of
an action taken and entered on the minutes of the
So"of Supervisors on the date shown.
ATTESTED DEC 13 1981
J.R. OLSSOfit, COUNTY CLERK
and ex officio Clerk of the Board
gym, Deputy
CC , CSAC Executive Cte .
Board Members
County Counsel
County_ Administrator
Art L sib
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