BILL ANALYSIS AB 349 Page 1 Date of Hearing: April 29, 2009 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Anna Marie Caballero, Chair AB 349 (Silva) - As Amended: April 13, 2009 SUBJECT : State mandates. SUMMARY : Requires the Director of Finance (DOF) to provide to the Legislature all proposed statutory changes necessary to repeal reimbursable state mandates that have been suspended for three consecutive years in the Governor's Budget. Specifically, this bill : 1)Defines "suspended reimbursable state mandate" to mean a statute or executive order that meets both of the following criteria: a) Has been determined by the Legislature, the Commission on State Mandates (Commission), or any court to mandate a new program or higher level of service requiring the reimbursement of local agencies, including school districts; and, b) Has been specifically identified as being a statute or executive order for which reimbursement is not provided for that fiscal year in the Governor's Budget. 2)Requires, on or after January 1, 2012, DOF to provide to the Legislature all proposed statutory changes necessary to repeal reimbursable state mandates that have been suspended for three consecutive years in the Governor's Budget. EXISTING LAW : 1)Requires, under the California Constitution, the state provide a subvention of funds whenever it mandates local government to undertake a new program or higher level of service. 2)Allows local governments to apply to the Commission for reimbursement of state-mandated local costs. 3)Requires the Governor at each regular session of the Legislature to submit a budget for the ensuing fiscal year. AB 349 Page 2 4)Requires DOF to provide to the Legislature, on or before February 1 of each year, all proposed statutory changes that are necessary to implement the Governor's Budget. FISCAL EFFECT : Unknown COMMENTS : 1)Section 6 of Article XIII B of the California Constitution requires the state to reimburse local agencies and school districts for increased costs if the Legislature passes a law or the Administration issues an executive order or adopts regulations. Government Code Sections 17500 et seq., specify the process to determine whether or not a reimbursable state mandate is created. 2)The Commission serves as a quasi-judicial agency in making the determination. Local agency or school district claimants initiate all mandate determinations by filing "test claims" alleging that a new statute, executive order, or regulation imposes a new program or higher level of service upon them, which entitles the claimant to state reimbursement. Once the Commission hears a test claim and determines the governmental action constituted a reimbursable state mandate, it then determines the amount to be subvened for the program. Following the mandate determination, local agencies and school districts may file reimbursement claims with the State Controller to be reimbursed for the state-mandated programs. The State Controller pays and audits claims, and may reduce reimbursement claims that are determined to be excessive or unreasonable. Appeals may be filed asserting incorrect reductions. 3)The author states there are currently over two dozen reimbursable state mandates that have been suspended for at least three years, 10 of which have been suspended for at least 18 years. The author believes that repealing suspended mandates would make the law more clear. Local governments would still have the option of funding any repealed mandate just as they have the option now of funding suspended mandates. 4)Article XIII B of the California Constitution is not AB 349 Page 3 self-executing and requires an appropriation in the annual Budget Act to provide reimbursement for state mandates. In Mandel v. Myers (1981)(29 Cal.3d 531), the Supreme Court stated that, "the separation of powers doctrine has generally been viewed as prohibiting a court from directly ordering the Legislature to enact a specific appropriation," (Id., at 540). Thus, courts are powerless to compel appropriations when the Legislature is not constitutionally required to do so. Furthermore, in City of Sacramento v. State Legislature (1986) (187 Cal. App. 3d 393), the Court of Appeal found that "the legislative power to enact laws, including appropriations, is committed exclusively to the legislative department by the Constitution," (Id., at 398). While Article XIII B of the California Constitution requires the state to provide a subvention of funds whenever it mandates a local government undertake a new program or higher level of service, it does not require the Legislature to appropriate the necessary funds in the annual Budget Act. 5)However, under Article XIII B of the California Constitution, the Legislature can choose to suspend a state mandate, which means there is no appropriation provided for in the annual Budget Act and subsequently there is no requirement for the local agency to comply with the state mandate. The Legislature cannot choose to suspend a state mandate relating to schools, community colleges, or local government employee rights. 6)The Committee may wish to consider whether requiring DOF to propose statutory language is a viable option for erasing suspended reimbursable mandates from the books. DOF cannot introduce legislation, making this statutory requirement dependent on the Legislature introducing those proposed statutory changes in a bill. Furthermore, any bill containing DOF's proposed statutory changes also would need to be passed by the Legislature. Thus, the goal of AB 349 to remove suspended reimbursable mandates from the codes is entirely dependent on a third party to introduce and approve conforming legislation. REGISTERED SUPPORT / OPPOSITION : Support CA Peace Officers' Association AB 349 Page 4 CA Police Chiefs Association CA State Association of Counties Opposition None on file Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916) 319-3958