BILL NUMBER: AB 349	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 19, 2009

   An act to  amend Section 17560 of   add
Section 13337.1 to  the Government Code, relating to state
mandates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 349, as amended, Silva. State mandates.
   Under the California Constitution, whenever the Legislature or a
state agency mandates a new program or higher level of service on any
local government, including school districts, the state is required
to provide a subvention of funds to reimburse the local government,
with specified exceptions. Existing law establishes a procedure for
local governmental agencies to file claims for reimbursement of these
costs with the Commission on State Mandates or the Legislature. 
Existing law provides a local agency or school district is not
required to implement or give effect to any statute or executive
order, or portion thereof, that imposes a mandate during any fiscal
year and for the period immediately following that fiscal year if
specified conditions are met with regard to reimbursement not being
provided for that mandate.  
   Existing law requires the Governor to submit the budget required
by the California Constitution to the Legislature within the first 10
days of the regular session of the Legislature and requires the
budget to contain a complete plan and itemized statement of all
proposed expenditures of the state. 
   This bill would  make a technical, nonsubstantive change
to these provisions   require, on and after January 1,
2012, if the budget submitted by the Governor to the Legislature
proposes a suspended reimbursable state mandate, as defined, and it
is the 3rd consecutive year of a Governor's Budget in which that
reimbursable state mandate is proposed to be suspended, the Director
of Finance would be required to provide to the Legislature all
proposed   statutory changes necessary to r   epeal
the suspended reimbursable state mandate  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION. 1.    Section 13337.1 is added to the 
 Government Code  , to read:  
   13337.1.  (a) For purposes of this section, "suspended
reimbursable state mandate" means a statute or executive order that
meets both of the following criteria:
   (1) The statute or executive order, or portion thereof, has been
determined by the Legislature, the Commission on State Mandates, or
any court to mandate a new program or higher level of service
requiring reimbursement of local agencies, including, but not limited
to, school districts, pursuant to Section 6 of Article XIII B of the
California Constitution.
   (2) (A) The statute or executive order, or portion thereof, or the
commission's test claim number, has been specifically identified as
being one for which reimbursement is not provided for that fiscal
year in the budget that is required by the California Constitution to
be submitted by the Governor to the Legislature, in accordance with
this article.
   (B) For purposes of this paragraph, a mandate shall be considered
to have been specifically identified only if it has been included
within the schedule of reimbursable mandates shown in the Governor's
Budget and it is specifically identified in the language of a
provision of the item providing the appropriation for mandate
reimbursements.
   (b) On and after January 1, 2012, if the budget required by the
California Constitution to be submitted by the Governor at each
regular session of the Legislature, pursuant to this article,
proposes a suspended reimbursable state mandate and it is the third
consecutive year of a Governor's Budget in which that reimbursable
state mandate is proposed to be suspended, the Director of Finance
shall provide to the Legislature, in accordance with Section 13308,
all proposed statutory changes necessary to repeal the suspended
reimbursable state mandate. 
  SECTION 1.    Section 17560 of the Government Code
is amended to read:
   17560.  Reimbursement for state-mandated costs may be claimed as
follows:
   (a) A local agency or school district may, by February 15
following the fiscal year in which costs are incurred, file an annual
reimbursement claim that details the costs actually incurred for
that fiscal year.
   (b) If revised claiming instructions are issued by the Controller
pursuant to subdivision (c) of Section 17558 between November 15 and
February 15, a local agency or school district filing an annual
reimbursement claim shall have 120 days following the issuance date
of the revised claiming instructions to file a claim.