BILL NUMBER: AB 349	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 15, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 19, 2009

   An act to  add Section 13337.1 to   amend
Section 17581 of, and to 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  that  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   the
Legislature specifically identifies the statute or executive order,
or the commission's test claim number, in the Budget Act, and that
suspended mandate is included both within the schedule of
reimbursable mandates shown in the Budget Act and is specifically
identified in the language of a provision of the item providing the
appropriation for mandate reimbursements  . 
   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 require  the Director of Finance  , 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 repeal the suspended reimbursable state mandate. 
   This bill would also require that a provision in the Budget Act
that identifies a mandate for the fiscal year as one for which
reimbursement is not provided to identify specifically, to the extent
practicable, each affected law. The bill would provide that if a
section of law is not specifically identified in the Budget Act, the
suspension of that mandate would not be affected if the other
requirements are met with regard to specifically identifying the
mandate. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION. 1.   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 
 mandate, 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.
   SEC. 2.    Section 17581 of the   Government
Code   is amended to read: 
   17581.  (a) No local agency shall be required to implement or give
effect to any statute or executive order, or portion thereof, during
any fiscal year and for the period immediately following that fiscal
year for which the Budget Act has not been enacted for the
subsequent fiscal year if all of the following apply:
   (1) The statute or executive order, or portion thereof, has been
determined by the Legislature, the commission, or any court to
mandate a new program or higher level of service requiring
reimbursement of local agencies 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 by the Legislature in the Budget Act for the
fiscal year as being one for which reimbursement is not provided for
that fiscal year. For purposes of this paragraph, a mandate shall be
considered to have been specifically identified by the Legislature
only if it has been included within the schedule of reimbursable
mandates shown in the Budget Act and it is specifically identified in
the language of a provision of the item providing the appropriation
for mandate reimbursements. 
   (B) When identifying a mandate in the Budget Act for the fiscal
year as being one for which reimbursement is not provided for that
fiscal year, the language of the provision that specifies that
reimbursement is not provided shall specifically identify, to the
extent practicable, each affected section of law. If a section of law
is not so specifically identified in the Budget Act, the suspension
of that mandate shall not be affected if the requirements of
subparagraph (A) are otherwise met. 
   (b) Within 30 days after enactment of the Budget Act, the
Department of Finance shall notify local agencies of any statute or
executive order, or portion thereof, for which operation of the
mandate is suspended because reimbursement is not provided for that
fiscal year pursuant to this section and Section 6 of Article XIII B
of the California Constitution.
   (c) Notwithstanding any other provision of law, if a local agency
elects to implement or give effect to a statute or executive order
described in subdivision (a), the local agency may assess fees to
persons or entities which benefit from the statute or executive
order. Any fee assessed pursuant to this subdivision shall not exceed
the costs reasonably borne by the local agency. 
   (d)  This section shall not apply to any state-mandated local
program for the trial courts, as specified in Section 77203.
 
   (e) 
    (d)  This section shall not apply to any state-mandated
local program for which the reimbursement funding counts toward the
minimum General Fund requirements of Section 8 of Article XVI of the
Constitution.