HomeMy WebLinkAboutMINUTES - 03211995 - 1.35 TO: BOARD OF SUPERVISORS 5....... Contra
FROM: Phil Batchelor, County Administrator ;;� '��►` Costa
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County
DATE: March 16 1995
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SUBJECT: LEGISLATION: ACA 7 (Pringle, et al) RE STATE MANDATED LOCAL
PROGRAMS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of Assembly Constitutional Amendment #
7 (ACA 7 ) by Assemblyman Curt Pringle, as introduced, which would
amend the State Constitution and tighten up the requirements
relating to providing funding for state-mandated programs .
Assemblyman Rainey is one of 25 Assembly and Senate co-authors of
ACA 7 .
BACKGROUND:
The State 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 or increased level
of service, with certain specified exceptions .
Assemblyman Curt Pringle has introduced ACA 7 which, as introduced,
would do all of the following:
❑ Add to the requirement for reimbursement any time the
Legislature or a State agency mandates an increased cost on
any local government. Current language does not include
"increased cost
❑ Require that the State provide a subvention of funds to pay
the local government for the cost of the program, higher level
of service or increased cost. The current language does not
include "increased cost" .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_yX_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGN^TURE(S) yd" / G&��
ACTION OF BOARD ON March 21, 1995 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
4—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 MAR 21 1995
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: See Page 3 SUPERVISORS AND COUNTY ADMINISTRATOR
BV- DEPUTY
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❑ Require a subvention regardless of whether the mandate applies
to public or private entities other than local government.
The courts have interpreted the current language as not
requiring reimbursement to a local government if the
requirement also applies to public or private entities other
than local government.
❑ Continue the current exemption for statutes requested by the
affected local agency.
❑ Limit the exemption for legislation defining a new crime or
changing an existing definition of a crime by providing that
the exemption applies only "to the extent that the increased
cost relates directly to law enforcement" .
❑ Broaden the "prior to January 1, 1975" exemption to include
"any adjustments for changes in cost of living or population" .
❑ Add a Constitutional exemption which is already partially
provided for in statute (Revenue and Taxation Code S 2206)
relating to requirements by the Federal Government, but limits
the exemption "to the extent that the Federal law or
regulation specifically requires the State without discretion
to mandate a new program, higher level of service, or
increased cost on any local government" .
❑ Add a Constitutional exemption which is already partially
provided for in statute (Revenue and Taxation Code S 2206 .5)
relating to requirements imposed by an initiative measure
approved by the voters in a statewide election.
❑ Add a Constitutional exemption which is already partially
provided for in statute relating to mandates which include
authority for the imposition of a charge, fee, assessment, or
tax sufficient to fully reimburse local government for any
increased cost arising from the mandate.
❑ Add to the Constitution the existing statutory provisions
which define the membership of the Commission on State
Mandates (Government Code § 17525) .
❑ Define in the Constitution the duties of the Commission on
State Mandates .
❑ Provide that, with certain exceptions, no statute, executive
order or regulation which mandates a new program, higher level
of service or increased cost on local government shall become
operative sooner than 90 days after the Commission on State
Mandates determines either that the State is not required to
reimburse the local government for the mandate or that
sufficient funds have been appropriated to pay local
government for the cost.
❑ Require the Commission on State Mandates to make this
determination within 90 days of the effective date of any
statute, executive order or regulation and defines the process
which is to be followed by the Commission.
❑ Require the Commission to continually monitor whether
sufficient funds continue to be appropriated for all such
mandates where the State is required to reimburse local
governments . Indicates that a mandate becomes permissive
after the Commission determines that the available funding is
no longer adequate to reimburse local governments for the
mandated costs of the program.
❑ Provide that the Legislature may override any decision of the
Commission by a 2/3 vote in both Houses of the Legislature.
❑ Declare that any statute that contains a disclaimer or waiver
to these Constitutional provisions is invalid.
-3-
❑ 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 that is not offset by an equivalent reduction
in the mandated costs of the local government, the State must
reimburse the local government for the amount of the revenue
loss .
❑ Provides that these amendments are, except as provided,
prospective only and apply to new programs or costs imposed
after the operative date of the measure.
Assemblyman Rainey has asked the Board of Supervisors to indicate
its support of ACA 7 . The enactment of ACA 7 would certainly
assist in protecting the rights of local governments and in
protecting local government revenues . It places substantially more
power in the hands of the Commission on State Mandates . In view of
the overall thrust of ACA 7, it appears appropriate for the Board
of Supervisors to indicate its support for ACA 7 .
cc: County Administrator
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, Kelly & Spahnn
Bank of California Center
770 L Street, Suite 960
Sacramento, CA 95814
l
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
Assembly Constitutional Amendment No. 7
Introduced by Assembly Members Pringle and McPherson
(Principal coauthors: Assembly Members Aguiar, Alby, and
r Bordonaro)
(Coauthors: Assembly Members Baldwin, Boland, Conroy,
Cunneen, Goldsmith, Harvey, House, Kuykendall,
Morrissey, Morrow, Rainey, Richter, Rogan, and Setencich)
(Coauthors: Senators Haynes, Hurtt, Johannessen, Lewis,
Monteith, Peace, and Rogers)
February 6, 1995
Assembly Constitutional Amendment No. 7—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 XIII B
thereof, relating to state-mandated local costs.
LEGISLATIVE COUNSEL'S DIGEST
g
ACA 7 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,
higher level of service, or increased cost on any local
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ACA 7 '— 2 —
government, the state would be required to provide a
subvention of funds to pay j the local government for the 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
regulation, that mandates a new program, higher level of
service, or increased cost 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 cost arising from the new program, higher level of service,
or increased cost or that sufficient funds have . been
appropriated to pay local government for the 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 that 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 arising from the
mandate.
Existing provisions ;of statutory law prescribe the
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 i
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, higher levels iof service, or increased costs 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
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fiscal year. This measure would provide that if such a duty is
suspended for 2 consecutive years, the statutory duty to incur
the cost shall be deemed permissive and the commission shall
not be required to further investigate and monitor the
I
requirement.
i This provision would not apply to school districts, county
offices of education, or, community college districts.
0 This measure would provide that any determination by the
commission pursuant to the measure may be set aside or
superseded by a resolution introduced in the Assembly and
j approved by 2/3 of the membership of each house of the
Legislature.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
1 Resolved by the Assembly, the Senate concurring, That
2 the Legislature of the State of California at its 1995-96
3 Regular Session commencing- on the fifth day of
4 December 1994, two-thirds of the membership of each
5' house concurring, hereby proposes to the people of the
�tt> 6 State of California that the Constitution of the State be
7 amended as follows:
8 First—That Section 6 of Article XIII B is amended to
9 read:
y 10 SEC. 6. (a) Whenever the Legislature .or any state
�- 11 agency mandates a new program e -, higher level of
12 service, or increased cost on any local government, the
I 13 state shall provide a subvention of funds to '-eiffibu--s
` 14 sue pay the local government for the Bests of stteh cost
15 of that program of higher level of service,
16 emeept that, the T eg sl a t_.t:= fftay,L bjarlul Meed met; previde
i 17p seen of � � the ...,a a t
19 ageney etf..�d
20 -(-b•} Imegislati de€ittifig ff eew ewe of air
21emistiftg '4 f eriffte; of
22 je} 1 _o_„l„ .-.
t_., .a e to s eftereted p ie to JG&XICrCrrT
23 1975- eT- ---- -tA_., er-Elet:s e - latiefts, initidly
24 liar- to jaftuarry 4
25 1975.or increased cost regardless of whether the mandate
99 99
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ACA 7
1 applies top ublic or private entities other than local
2 government. However, the Legislature may, but need
3 not, provide a subvention of funds for any cost arising
4 from a newprogram, higher level ofservice, orincreased
5 cost imposed by any of the following:
6 (1) A statute requested by the local agency affected.
7 (2) A statute defining a new crime or changing an u
8 existing definition of a i crime, to the extent that the :
9 increased cost relates directly to law enforcement.
10 (3) A statute enacted prior to January 1, 1975, or an
11 executive order or regulation initially implementing a
12 statute enacted prior to ,january 1, 1975, including any
13 adjustments for changes in cost of living or population.
14 (4) A statute, executive order, or regulation
15 implementing a federal;law or regulation, to the extent
16 that th e fe deral la w or regula tion sp e cifically re q uires the
17 state without discretion to mandate a new program,
18 higher level of service, or increased cost on any local
19 government. j
20 (5) A statute, executive order, or regulation
21 implem en ting an initiative measure approved by the
22 voters in a statewide election.
23 (6) A statute, executive order, or regulation that
24 specifically authorizes or requires the imposition of a
25 charge, fee, assessment, or tax sufficient to fully _ ;.
26 reimburse local government for any increased cost
27 arising from the mandate.
28 (b) There is h ereby j crea ted the Commission on State
29 Mandates, which shall consist off ve members as follows.
30 (1) The Controller,
31 (2) The Treasurer.
32 (3) The Director of Finance.
33 (4) The Director of the Office of Planning and
34 Research.
35 (5) A public member with experience in public t
36 finance, appointed by the Governor and confirmed by
37 the Senate.
38 The public member,�shall serve for a term offour years
39 and may be reappointed, may receive per diem as
40 provided by the Legislature by statute for each day
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ACA 7 — 6 -
1
6 -1 thereafter, unless a later time is otherwise provided by
2 la w.
3 (2) If the commission determines that the state is
4 required to provide a subvention of funds but sufficient
5 funds have not been provided, it shall so declare and the
6 statute, executive order, or regulation shall not become
7 operative unti190daysafter the commission subsequently 1
8 determines that sufficient funds have been provided. t,
9 Any determination made by the commission pursuant
10 to. this subdivision shall be filed with 'the Secretary of
11 State.
12 (f) The Commission on State -Mandates shall
13 investigate and monitor all statutes, executive orders, or
14 regulations imposing a new program; higher level of
15 service, orincreased cost on local government enacted or
16 adopted after July 1, 1975, for which the state is required j
17 by subdivision (a) to provide a subvention of funds, to
18 determine whether the costs of the new program, higher
19 level of service, or increased cost imposed has been
20 funded and, if so, whether the funding has been and
21 continues to be sufficient to pay for the costs. If the
22 commission determines. that funding has become
23 insufficient to pay for the cost, the commission shall so
24 declare and shall calculate the current amount of the cost,
25 and shall report that amount to the Legislature. If, by the
26 commencement of the next succeeding fiscal year, the
27 Legislature has not appropriated an amount sufficient to
28 pay the current amount of the identified cost imposed on
29 local government, the duty oflocal government to incur i
30 the increased cost shall be suspended and any cost
31 incurred shall be voluntary until the commission
32. determines that sufficient funds have been appropriated.
33 If any duty to incur a cost is suspended pursuant to this .
34 subdivision forr two consecutive years, the statutory j
35 requirement to incur the cost shall be deemed j
36 permissive. A local government entity may voluntarily
37 continue to perform duties and incur costs if a duty is
38 suspended for two consecutive years pursuant to this
. 39 subdivision, but the commission shall not be required to
40 further investigate and monitor the requirement.
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1 actually spent in the discharge of official duties, and shall
2 be reimbursed for any actual and necessary expenses
3 incurred in connection with the performance of duties as
4 a member of the commission.
I5 (c) The commission shall hear and decide upon a claim
6 byanylocalagency or school district that the local agency
7 or school districtis or
to be paid by the state for costs
® ® 8 mandated by the state as required by subdivision (a). In
9 carrying out its responsibilities under this section, the
1
10 commission; may exercise those powers, shall perform
11 those duties, and shall operate under those procedures,
12 provided bylaw.
13 (d) No statute, other than an urgency statute, a statute
14 calling an election, a statute providing for a tax levy, or a
15 statute containing an appropriation for the usual current
16 expenses of the state, and no executive order or
17 regulation,;thatmandates a newprogram, higherlevel of
18 service, or increased cost on local government shall
19 become operative sooner than 90 days after the
20 Commission on State Mandates determines either that
21 the state is not required pursuant to subdivision (a) to
22 provide a subvention offundsfor-the cost arising from the
23 newprogram, higherlevel ofservice, orincreased cost or
24 that sufficient funds have been appropriated to pay local
025 government for the cost.
26 (e) Within 90 days of the effective date of any statute,
27 executive order, or regulation that is subject to
28 subdivision (d), the Commission on State Mandates shall
29 determine whether the state is required pursuant to
30 subdivision (a) to provide a subvention of funds for the
31 cost, arising from the new program, higher level of
32 service, ; or increased cost mandated by the statute,
33 executive order, or regulation and, if so, . whether
34 sufficient funds have been appropriated to pay local
35 government for the estimated cost.
36 (1) If the commission determines that the state is not
37 required to provide a subvention of funds pursuant to
38 subdivision (a) or that sufficient funds have been
39 provided, it shall so declare and the statute, executive
40 order, or regulation shall become operative 90 days
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efn� 1 For purposes of this subdivision, "local government"
2 does not include school districts, county offices of
3 education, or community college districts.
4 (g) Any determination by the Commission on State
5 Mandates pursuant to this section may be set aside or
6 superseded by a resolution introduced in the Assembly
7 and approved by two-thirds of the membership of each
8 house of the Legislature. The state or any local
9 government may bring an action in the courts bypetition
10 for administrative mandamus to appeal any
11 determination by the commission.
12 (h) Any statute that disclaims or waives any obligation
13 imposed on the state by this section is invalid, Any statute
14 that requires any local government to waive its right to
15 reimbursement under this section or its right to decline
16 performance of any mandate because of insufficient
17 funding as provided by this section is invalid.
18 Second—That Section 6.5 is added to Article XIII B
19 thereof, to read:
20 SEC. 6.5. Whenever the Legislature or any state
21 agency mandates a limitation on, or exemption from, a
22 charge, fee, assessment, or tax levied by local government
23 or a decrease or redistribution of state subventions or
24 other state funds to local government that is not offset by
25 an equivalent reduction in the mandated costs of the local
26 government, the state shall reimburse the local
27 government for the amount of the revenue loss to the
28 local government.arising from the mandate.
29 Third—That the amendments to Section 6 of Article
30 XIII B proposed by this measure, except as otherwise
31 expressly provided in subdivision (f) , shall apply only to
32 costs arising from a new program, a higher level of
33 service, or increased cost imposed on or after the
-�,,.,Iw 34 operative date of this measure.
35 Fourth—That this measure shall be interpreted
r 36 liberally to carry out the intent to preserve .the limited
37 financial resources of local government by requiring the
38 state to pay for every new program, higher level of
39 service, increased cost or revenue loss mandated by the
.............! I' 40 Legislature or a state agency.
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1 Fifth—That if any provision of this measure, or the
2 application thereof to any person or circumstance is held
3 invalid, that invalidity shall not affect other provisions or
4 applications of the measure which can be. given effect
5 without the invalid provision or application, and to this
6 end the provisions of this measure are severable..
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