HomeMy WebLinkAboutMINUTES - 03041986 - 1.26 TO BOARD OF SUPERVISORS
FI
Phil Batchelor, County Administrator Cwtla
Costa
DATE: February 26, 1986
SUBJECT:
Legislation: AB 2866 and ACA 36
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in support of AB 2866 (Herger) and Assembly
Constitutional Amendment 36 (Herger) .
BACKGROUND:
The California Constitution presently requires that whenever the
Legislature, or any State agency, mandates a new program or
higher level of service on any local government, the State must
reimburse the local government for the cost of the program for
increased level of service with specified exceptions.
Assemblyman Herger has introduced ACA 36 which, instead, would
provide that whenever the Legislature, or any State agency,
mandates any increased cost on local government, local government
shall not be required to incur the State-mandated local costs
unless the State pays the local government for the increased
cost.
ACA 36 also requires the Commission on State Mandates to
determine whether a State appropriation is sufficient to pay for
the State-mandated local costs. The Commission would also be
required to declare whenever it determines in connection with any
State-mandated local costs that no appropriation has been made,
or that the appropriation made is insufficient, in which case
local government' s duty to incur these costs would be suspended
and compliance with the mandate would be voluntary unless the
Commission determines that sufficient funds have been
appropriated.
AB 2866 is a companion bill which places in State statutes
specific procedures which will be followed. by the Commission on
State Mandates in carrying out the constitutional provisions
which would be added by ACA 36.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
XAPPROVE OTHER
SIGNATURE S): Z*04&1 Alde
ACTION OF BOARD ON March 4, 1986 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 SUPERV I S ON THE/DATE/SHOWN.
cc: County Administrator ATTESTED
Assemblyman Wally Herger -------
Larry Naake, Exec. Dir. , CSAC PHIL BATCHELOR, CLERK OF THE BOARD OF
Kathy Snodgrass , Jackson/Bari sh SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY DEPUTY
Page 2
These measures are consistent with past positions taken by the
Board to the effect that local government must either be
reimbursed for State-mandated local costs, or should not be
required to implement the mandate. In view of this prior
position, it is our recommendation that the Board specifically
endorse AB 2866 and ACA 36 .