HomeMy WebLinkAboutMINUTES - 06191990 - 1.39 1-039 OA
TO:- BOARD OF SUPERVISORS
--L _ Contra
FROM: �/ Costa
Phil Batchelor, County Administrator g is
x� .y., : - -a County
DATE: June 11 19 9 0
� ST'9 CpUK�
SUBJECT: LEGISLATION: ACA 53 (Chandler)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONIIUENDATION
Indicate that the Board of Supervisors continues to SUPPORT ACA
53 by Assemblyman Chandler which would make it more difficult for
the . Legislature to enact state mandates and then fail to pay for
them.
BACKGROUND:
On May 8 , 1990 the Board of Supervisors voted to support ACA 53
as a part of a package of bills which have been introduced by
Assemblyman Chandler at the request of CSAC to provide a measure
of fiscal relief to counties. On May 7 , 1990 ACA 53 was amended.
As amended May 7, 1990, ACA 53 does all of the following:
1. Requires the Legislature to provide funds to pay local
government for any new mandate or higher level of service,
regardless of whether the mandate applies to public or
private entities other than local government.
2 . Modifies the exceptions to the requirement for funding state
mandates so that the Legislature need not fund the following
mandates:
* A statute requested by the affected local agency.
* A statute defining a new crime or changing an existing
definition of a crime, to the extent that the increased
cost relates directly to law enforcement.
CONTINUED ON ATTACHMENT:Ye.S_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Piw-dil) 14o 5xaW_-e,_
ACTION OF BOARD ON Jb>-na- 19 Z 9 9 O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
v 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.
CC: ATTESTED / G
PHIL BAT ELOR,CLERK OF THE BOARD OF
Please see Page 3 . SUPERVISORS AND COUNTY ADMINISTRATOR
C
BY
M382 (10/88)
DEPUTY
* A statute enacted prior to January 1, 1975, or an
executive order or regulation initially implementing a
statute enacted prior to January 1, 1975 , including and
adjustments for changes in cost of living or
population.
* A statute, executive order, or regulation implementing
a federal law or regulation, to the extent that the
federal law or regulation specifically requires the
state, without discretion, to mandate a new program or
higher level of service on any local government.
* A statute, executive order or regulation specifically
authorizing and requiring the levy of a charge, fee,
assessment, or tax sufficient to fully reimburse local
government for any increased cost arising from the
mandate.
3 . Places in the Constitution the creation of the Commission on
State Mandates, consisting of five members, as specified.
Expands the responsibilities of the Commission by requiring
that it investigate and monitor all statutes, executive
orders or regulations imposing a new program or higher level
of service on local government enacted or adopted after July
1, 1975 for which the state is required to provide a
subvention of funds, to determine whether the increased
costs of the new program or higher level of service has been
funded and, if so, whether the funding has been and
continues to be sufficient to pay for the increased costs.
If the Commission determines that funding has become
insufficient to pay for the increased cost, the Commission
is required to determine the increased cost and report that
amount to the Legislature. If by the beginning of the next
Fiscal year the Legislature has not appropriated an amount
sufficient to pay for the program, the program becomes
optional with local government until the Commission
determines that sufficient funds have been made available.
4. Prohibits any statute, executive order or regulation from
becoming effective sooner than 90 days after the Commission
determines either that the State is not required to provide
a subvention of funds for one of the reasons noted above or
that sufficient funds have been provided. Statutes with an
urgency clause, statutes calling elections, statutes
providing for a tax levy and the Budget Bill are exempt from
this provision. Provides that the Commission shall review
new statutes, executive orders and regulations and determine
whether sufficient funds have been appropriated or that such
funds are not required.
5 . Allows the Legislature, by a 2/3 vote of both Houses, to set
aside or supersede any determination made by the Commission.
Authorizes the State or any local government to bring an
action in the courts for administrative mandamus to appeal
any determination by the Commission.
6. Prohibits the Legislature from disclaiming or waiving any
obligation imposed on the state by this section. Prohibits
the Legislature from requiring any local government to waive
its right to reimbursement under this section or its right
to decline performance of any mandate because insufficient
funds are provided.
7 . Makes these provisions applicable to new programs or higher
costs imposed after the operative date of this measure.
Includes a severability clause.
L
Since ACA 53 continues to protect local government from unfunded
mandates, it appears appropriate for the Board of Supervisors to
indicate its continued support for the measure.
ACA 53 is pending a hearing in the Assembly Local Government
Committee.
cc: Assemblyman Chris Chandler
4-County Administrator
"'Auditor-Controller
Assistant Administrator-Finance
Larry Naake, Executive Director, CSAC
v
Les Spahnn, SRJ. Jackson, Barish & Associates