HomeMy WebLinkAboutMINUTES - 03221994 - 1.43 TO: BOARD OF SUPERVISORS 5.......... Contra
FROM: Phil Batchelor, County Administrator 1 Costa
County
r�.
DATE:
March 15, 1994 ' �T
srqZ`ouK`�
SUBJECT: LEGISLATION: ASSEMBLY CONSTITUTIONAL AMENDMENT #34 (Pringle)
RE UNFUNDED STATE MANDATE LEGISLATION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of ACA 34 by Assemblyman Pringle, which
would provide that legislation implementing a new State mandate
would not become effective until 90 days after the Commission on
State Mandates determines that the Legislature has appropriated
sufficient funds to pay for the mandate.
BACKGROUND:
Assemblyman Rainey, who is a co-author of ACA 34, has written to
the Board of Supervisors, urging the Board to support Assemblyman
Pringle ' s ACA 34 . We have also received a letter from Assemblyman
Pringle asking for support for ACA 34 .
ACA 34 substantially amends the provisions of Section 6 of Article
XIIIB of the Constitution, dealing with funding of State mandates .
It also places in the Constitution a number of provisions which are
currently in statutory law. As introduced, ACA 34 would do all of
the following:
♦ Establish a Commission on State Mandates in the Constitution.
The Commission would consist of five members, including the
State Controller, the State Treasurer, the Director of
Finance, the Director of the Office of Planning and Research
and a public member appointed by the Governor and confirmed by
the Senate.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
2142 L�i�,�°���
ACTION OF BOARD ON P arch-2 2 1994 , APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS 1S 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.
ATTESTED 2 ;2,, Z y y�
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 3 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
-2-
Provide that no statute, with certain exceptions, and no
executive order or regulation that mandates a new program or
a higher level of service will become operative until 90 days
after the Commission determines either that the State is not
required to pay for the mandate or that sufficient funds have
been appropriated to pay for the mandate. The exceptions are:
■ An urgency statute.
■ A statute calling an election.
■ A statute providing for a tax levy.
■ A statute containing an appropriation for the usual
current expenses of the State (the Budget Bill) .
♦ Provide that the Commission shall determine, within 90 days of
the effective date of any statute, whether the State is
required by the above provision to pay for the mandate and, if
so, whether sufficient funds have been appropriated.
♦ Provide that if the Commission determines either that the
State is not required to pay for the mandate or that
sufficient funds have been appropriated to pay for the
mandate, it is to declare that fact and the statute, executive
order or regulation will then go into effect 90 days
thereafter.
♦ Provide that if the Commission determines that the State is
required to pay for the mandate but that sufficient funds have
not been appropriated, the Commission declares that fact and
the statute, executive order or regulation does not go into
effect until the Commission subsequently declares that
sufficient funds have been appropriated.
♦ Require the Commission to monitor all existing State mandates
enacted since July 1, 1975 to determine whether the amount of
funds appropriated for the mandate continues to be sufficient.
Where the Commission determines that the funds are no longer
sufficient, they are to advise the Legislature of that fact.
If by the beginning of the next fiscal year the Legislature
has not appropriated sufficient funds to pay for the mandate,
the duty to comply with the mandate is suspended until the
Commission determines that sufficient funds have been
appropriated.
♦ Allow the Legislature, by a T1s vote of both houses, to set
aside or supersede any determination by the Commission.
♦ Allow the State or any local government to bring an action in
the courts by petition for administrative mandamus to appeal
any determination by the Commission.
♦ Specifies that the State is not required to pay for the
following mandates :
■ A statute requested by the affected local agency.
■ A statute defining a new crime or changing the definition
of an existing crime.
■ A mandate enacted prior to July 1, 1975 .
■ A statute, executive order or regulation enacting a
federal law or regulation.
■ A statute, executive order or regulation enacting an
initiative measure.
■ A statute, executive order or regulation which
specifically provides for the imposition of a fee,
charge, assessment or tax sufficient to pay for the cost
of the mandate.
♦ Specify that any statute which disclaims or waives any
obligation imposed on the State by these provisions is
invalid.
3
♦ Specify that any statute which requires any local government
to waive its right to reimbursement under these provisions is
invalid.
It appears that the passage of ACA 34 and its approval by the
voters would assist in preventing the Legislature from enacting as
many unfunded mandates as it does . To the extent that it does
this, it appears to be consistent with past positions of the Board
of Supervisors, opposing the enactment of unfunded mandates, and
therefore deserves the Board' s support.
cc: County Administrator
Auditor-Controller
County Counsel
Tony Enea, Senior Deputy County Administrator
Les Spahnn, Heim, Noack & Spahnn
CONTRA COSTA CUUN I Y
RECEIVED
.aT+T
4
FFR 2 81994
a
OFFICE OF
Curt Pringle ASSEMBLYMAN,SIXTY-EIGHTH DISTRICT p R :<
REPUBLICAN WHIP CALIFORNIA LEGISLATURE,STATE CAPITOL,SACRAMENTO,CA 95814(916)445-8377 FAX:(916)323-5467i_._ COMMITTEES:=-•�
REVENUE&TAXATION
LOCAL GOVERNMENT
HUMAN SERVICES
SELECT COMMITTEE ON
LOCAL GOVERNMENT
February 22, 1994 REORGANIZATION
Mr. Phil Batchelor
Contra Costa Co. Administrator
651 Pine Street
Martinez, CA 94553
Dear Mr. Batchelor:
I am writing to inform you about a proposed constitutional
amendment which I have recently introduced in the State
Legislature, and to ask for your support of this measure.
Assembly Constitutional Amendment 34 is designed to end state
government's practice of passing unfunded mandates onto local
governments. It would do so by stating that laws implementing
mandates will not take effect until 90 days after the Commission
on State Mandates determines that sufficient funds have been
appropriated by the Legislature to pay for the new costs. If
funds have not been' appropriated, then the"new law will not take
effect.
This proposal will clearly address the primary problem with
California's current system of funding mandates, which is the
reimbursement nature of that system. Currently, a local entity is
ordered by the state to implement a new program or higher level of
service and is forced to pay for it. Later the state reimburses
the local entity for performing the requested function. Typically,
however, this reimbursement arrives years after the fact. In the
meantime, local governments are forced to foot the bill for the
state program.
The declining revenues of the past years and the difficult
budgets which have resulted has brought this problem into greater
focus. I believe that local governments do not need the state to
tell them what to do with their scarce resources, and this
proposal is the strongest way to deliver that message. Clearly,
the state must stop mandating expensive requirements onto local
governments, forcing them to choose between raising taxes on
working families ,.or cutting vital services. - .
DISTRICT OFFICE
12865 MAIN STREET,SUITE 100
GARDEN GROVE,CA 92640
(714)638-1393
FAX(714)638-1496
Printed on Recycled Paper
ACA 34
Page 2
However, your support is needed if we are to move this
proposal through the state Legislature and put it on the ballot
for the voters of California to decide upon. The legislation has
just recently been assigned to the Assembly Committee on Local
Government, and will be set to be heard in early March. A letter
of support sent to me and the committee would be of great help to
this end.
Please do not hesitate to contact me if you have any
questions about my legislation.
1 ce+ry,
CURT PRINGLE
Assemblyman, 68th District
CALIFORNIA LEGISLATURF-1993-94 REGULAR SESSION
Assembly Constitutional Amendment No. 34
Introduced by Assembly Member Pringle
'(Principal coauthor: Assembly Member Aguiar)
(Coauthors: Assembly Members Alby, Andal, Bowler,
Conroy, Goldsmith, Harvey, Haynes, Hoge, McPherson,
Morrow, Nolan, Rainey, Richter, Seastrand, Weggeland,
and Woodruff)
(Coauthor: Senator Lewis)
February 1, 1994
Assembly Constitutional Amendment No. 34—A resolution
to propose to the people of the State of California an
amendment to the Constitution of the State, by amending
Section 6 of, and by adding Section 6.5 to, Article XIIIB
thereof, relating to state-mandated local costs.
LEGISLATIVE COUNSEL'S DIGEST
ACA 34, ' as introduced, Pringle. State-mandated local
programs.
Existing provisions of the California Constitution require
that, whenever the Legislature or any state agency mandates
a new program or higher level of service on any local
government, the state shall reimburse the local government
for the cost of the program or increased level of service,
except for specified exemptions.
This measure would, instead, provide that whenever the
Legislature or any state agency mandates any new program
or higher level of service on any local government, the state
would be required to provide a subvention of funds to pay the
local government for the increased cost. It would modify and
add to the existing constitutional exemptions.
This measure would further provide that no statute, other
than certain specified statutes, and no executive order or
99 80
ACA 34 — 2 —
regulation, that mandates a new program or higher level of
service on local government would become operative sooner
than 90 days after the Commission on State Mandates
determines either that the state is not required pursuant to
the measure to provide a subvention of funds for the
increased cost or that'sufficient funds have been appropriated
to pay local government for the increased cost.
This measure would provide that whenever the Legislature
or any state agency mandates a limitation on, or exemption
from, a charge, fee, assessment, or tax levied by local
government or a decrease or redistribution of state
subventions or other state funds to local government which is
not offset by an equivalent reduction in the mandated costs
of the local government, the state would be required to
reimburse the local government for the amount of the
revenue loss to the local government arisingfrom the
mandate.
Existing provisions of statutory law prescribe the fi
membership of the Commission on State Mandates and
prescribe the powers and duties of the Commission on State
Mandates with regard to the administration and
implementation of the statutory procedure for the disposition
of claims by local governmental entities for the
reimbursement of state-mandated local costs.
This measure would add to the Constitution the provisions
that prescribe the membership of the commission. It would
require the commission to investigate and monitor all
programs or higher levels of service enacted or adopted after
July 1, 1975, to determine if they are sufficiently funded, as
specified, and if not, would provide that the duty of the local
entities to carry out the program or service would be
suspended and further compliance would be voluntary if
funding is not provided by the next succeeding fiscal year.
This provision would not apply to school districts, county
offices of education, or community college districts.
This measure would provide that any determination by the
commission pursuant to the measure may be setaside or
superseded by a resolution introduced in the Assembly and
approved by % of the membership of each house of the
Legislature.
99 100
- 3 — ACA 34
1 of Vote: 2/s. Appropriation: no. Fiscal committee: yes.
ner
State-mandated local program: no.
rtes 1 Resolved by the Assembly, the Senate concurring, That
t to 2 the Legislature of the State of California at its 1993-94
the 3 Regular Session commencing on the seventh day of
ted 4 December 1992, two-thirds of the members elected to
ure5 each of the two houses of the Legislature voting therefor,
don 6 hereby proposes to the people of the State of California
:ion 7 that the Constitution of the State be amended as follows:
Kcal 8 First—That Section 6 of Article XIII B is amended to
Late
9 read:
-h is 10 SEC. 6. (a) Whenever the Legislature or any state
osts 11 agency mandates a new program or higher level of
I to the 12 service on any local government, the state shall provide
the 13 a subvention of funds to reimburse sweh pay the local
14 government for the eests e€ streb increased cost of that
the 15 program or higher level of service, e3feept#fit
and 16 the begi Ilaturre may, bet need eeot-, premie seek
17 subvefA4 e€ funds fef- the f9liewing ffiandates�
Late 18 {-a} begislaS metnElateff requested by the leeal
and
Lion 19 ageney affeeted;
the 20 {-b-} de�g a new erime e �
21 egg defin4t4eft e€ a erre; eT
y' 22 +e+ T _o__l ati ,.. eeaeted prier- to ��
.ons 23 � - -----e i enders of __g lat initia4}y
all
> 24 pier to~january �
all
fter 25 197-5.regardless of whether the mandate applies to public
26 or private entities other than local government.
1, as 27 However, the Legislature may, but need not, provide a
Kcal 28 subvention of funds for any increased cost arising from a
be 29 new program or higher level of service imposed by any
y if 30 of the following.
ear. 31 (1) A statute requested by the local agency affected.
inty 32 (2) A statute defining a new crime or changing an
the 33 existing definition of a crime, to the extent that the
or 34 increased cost relates directly to law enforcement.
and 35 (3) A statute enacted prior to January 1, 1975, or an
the 36 executive order or regulation initially implementing a
37 statute enacted prior to January 1, 1975, including any
100 99 120
ACA 34 — 4 —
I
4 -1 adjustments for changes m cost of living or population.
2 (4) A statute, executive order, or regulation
3 implementing a federal law or regulation, to the extent
4 that the federal law or regulation specifically requires the
5 state without discretion to mandate a new program or
6 higher level of service on any local government.
7 (5) A statute, executive order, or regulation
8 implementing an initiative measure approved by the
9 voters in a statewide election.
10 (6) A statute, executive order, or regulation that
11 specifically authorizes or requires the imposition of a
12 charge, fee, assessment; or tax sufficient to fully
13 reimburse local government for any increased cost
14 arising from the mandate.
15 (b) There is hereby created the Commission on State
16 Mandates, which shall consist of five members as follows:
17 (1) The Controller.
18 (2) The Treasurer.
19 (3) The Director. of Finance.
20 (4) The Director of the Office of Planning and
21 Research.
22 (5) A public member with experience in public
23 finance, appointed by the Governor and confirmed by
24 the Senate.
25 The public member shall serve for a term of four years
26 and may be reappointed, may receive per diem as
27 provided by the Legislature by statute for each day
28 actually spent in the discharge of official duties, and shall
29 be reimbursed for any actual and necessary expenses
30 incurred in connection with the performance of duties as
31 a member of the commission.
32 (c) The commission shall hear and decide upon a
33 claim by any local agency or school district that the local
34 agency or school district is entitled to be paid by the state
35 for costs mandated by the state as required by subdivision
36 (a). In carrying out its responsibilities under this section,
37 the commission may exercise those powers, shall perform
38 those duties, and shall operate under those procedures,
39- provided by law.
40 (d) No statute, other than an urgency statute, a statute
M +
— 5 — ACA 34
,on. 1 calling an election, a statute providing for a tax levy, or
ion 2 a statute containing an appropriation for the usual
ent 3 current expenses of the state, and no executive order or
the 4 regulation, that mandates a new program or higher level
or 5 of service on local government shall become operative
6 sooner than 90 days after the Commission on State
ion
7 Mandates determines either that the state is not required
the 8 pursuant to subdivision (a) to provide a subvention of
9 funds for the increased cost arising from the new
hat 10 program or higher level of service or that sufficient funds
f a 11 have been appropriated to pay local government for the
rlly 12 increased cost.
ost 13 (e) Within 90 days of the effective date of any statute,
14 executive order, or regulation that is subject to
ate 15 subdivision (d), the Commission on State Mandates shall
ws: 16 determine whether the state is required pursuant to
17 subdivision (a) to provide a subvention of funds for the
18 increased cost arising from the new program or higher
19 level ofservice mandated by the statute, executive order,
end ? 20 or regulation and, if so, whether sufficient funds have
21 been appropriated to pay local government for the
Vie 22 estimated increased cost.
by 23 (1) If the commission determines that the state is not
24 required to provide a subvention of funds pursuant to
ars %` 25 subdivision (a) or that sufficient funds have been
as 26 provided, it shall so declare and the statute, executive
lay 27 order, or regulation shall become operative 90 days
tall 28 thereafter, unless a later time is otherwise provided by
ses 29 law.
as 30 (2) If the commission determines that the state is
31 required to provide a subvention of funds but sufficient
a 32 funds have not been provided, it shall so declare and the
cal 33 statute, executive order, or regulation shall not become
i to 34 operative until 90 days after the commission
'on 35 subsequently determines that sufficient funds have been
)n, 36 provided.
rm 37 Any determination made by the commission pursuant
es, 38 to this subdivision. shall be fled with the Secretary of
39 State.
rte 40 (f) The Commission on State Mandates shall
140 99 150
ACA 34 — 6 -
1
6 --
1 investigate and monitor all statutes, executive orders, or
2 regulations imposingg:a..new program or higher level of
3 :service on local government enacted or adopted after
4 July,1 1975,:for,.which.the state is required by subdivision
5 (a) ..,to provide a'.subvention of funds, to determine
6 ,: whether; the increased costs of the new program or
:7 higher level�of-service`imposed has been funded and, if
r
8 :so, ,whether the .funding has been and continues to be
9 ::;sufficient,to payfor the costs. If the commission
10,: : determines that funding:has become insufficient to pay
11 for the, increased..cost, -the.,commission shall so declare
12 and shall calculate the current amount of the increased
I
13 cost, and hall reporttthat amount to the Legislature. If,
14 by the commencem, ent of the next succeeding fiscal year,
15, 'the ..Legislature =- has;•not appropriated an amount
16 sufficient';to- pays the current amount of the identified
17 increased cost,imposed on local government, the duty of
18local.-government to incur .the increased cost shall be
19 , suspended;,o.and :any -increased costincurred shall be
20 voluntary:until the commission determines that sufficient
21 ,;funds have:been appropriated.
22 For purposes of this subdivision, "local government"
23,. does: not include; school. districts, county offices of
24 education; or:c6nimuxnty�college districts.
25 (g) :Any::deterrnination by-the Commission on State
26 Mandates,pursuant`;,to:lhissection may be set aside or
27. . superseded by a resolution:introduced in the Assembly
28. and,approved-�by'two-thirds of the membership of each
29 house of the Legislature. The state or any local
34 ,goverrinentrnay bring an action in the courts by petition
ra
3,1 for _ administtive `,-mandamus- to appeal any
32 determination�by;the commission.
33 (h); Anystatute,that disclaims or waives any obligation
34 ,imposed on the state by this section is invalid.Any statute
35 -that�requires any, local.government to waive its right to
36 reimbursement under this section or its right to decline
37 .perforrriance .:of, any. mandate because of insufficient
38 funding, as provided by this section is invalid.
39 Second—That Section 6.5 is added to Article XIII B
40 thereof, to :read:
99 170
{ r
— 7 — ACA 34
srs, or `' 1 SEC. 6.5. Whenever the Legislature or any state
vel of 2 agency mandates a limitation on, or exemption from, a
after 3 charge, fee, assessment, or tax levied by local government
vision 4 or a decrease or redistribution of state subventions or
rmine 5 other state funds to local government which is not offset
IM or 6 by an equivalent reduction in the mandated costs of the
wd, if r ' 7 local government, the state shall reimburse the local
to be 8 government for the amount of the revenue loss to the
i ssion 9 local government arising from the mandate.
`o ,pay w 10 Third—That the amendments to Section 6 of Article
eclare 11 XIII B proposed by this measure, except as otherwise
eased 12 expressly provided in subdivision (f), shall apply only to
ire. If, 13 increased costs arising from a new program or a higher
I year, 14 level of service imposed on or after the operative date of
nount 15 this measure.
ltified 16 Fourth—That this measure shall be interpreted
iuty of 17 liberally to carry out the intent to preserve the limited
all be 18 financial resources of local government by requiring the
all be 19 state to pay for every new program, higher level of
licient I 20 service, or revenue loss mandated by the Legislature or
21 a state agency.
anent" 22 Fifth--That if any provision of this measure or the
yes of 23 application thereof to any person or circumstance is held
24 invalid, that invalidity shall not affect other provisions or
State 25 applications of the measure which can be given effect
de or 26 without the invalid provision or application, and to this
,embly 27 end the provisions of this measure are severable.
T each
local
etition
any
�gation
statute
fight to O
lecline
Ticien t
XIII B
99 170 99 180