BILL NUMBER: AB 202	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        JANUARY 27, 2011

   An act to add Section 17562.5 to the Government Code, relating to
local educational agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 202, as introduced, Brownley. Local educational agencies:
reimbursable state mandates.
   Existing law establishes a procedure for local governmental
agencies to file, with the Commission on State Mandates, claims for
reimbursement of specified costs associated with state-mandated local
programs, and sets forth the procedure for a determination by the
commission for eligibility for reimbursement, appropriation, and
payment of claims, including payment pursuant to the enactment of a
local government claims bill, the establishment of interest accrued
on claims, and the review of state mandates by the Legislative
Analyst generally.
   This bill would express the intent of the Legislature that
statutes creating a reimbursable state mandate on school districts be
periodically reviewed, and that the Legislature consider
recommendations on whether those statutes should be amended,
repealed, or remain unchanged. The bill would require that, in
addition to a report submitted pursuant to existing law, the
Legislative Analyst review and report on each reimbursable state
mandate relating to local educational agencies that meets prescribed
criteria. The bill would specify the information to be provided in
the review and report, and would require that the review and report
be provided to the chairpersons of the Assembly Committee on
Education, the Senate Committee on Education, and the fiscal
committees of the Assembly and the Senate, on or before the January 1
following the adjournment of the regular session of the Legislature
for which the review was made.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 17562.5 is added to the Government Code, to
read:
   17562.5.  (a) It is the intent of the Legislature that statutes
creating a reimbursable state mandate on local educational agencies
be periodically reviewed, and that the Legislature consider
recommendations on whether those statutes should be amended,
repealed, or remain unchanged.
   (b) In addition to the report submitted pursuant to subdivision
(c) of Section 17562, at least once in each regular session of the
Legislature, the Legislative Analyst shall review and report on each
reimbursable state mandate relating to local educational agencies
that meets each of the following criteria:
   (1) Pursuant to Section 17551, the Commission on State Mandates
has determined the existence of a reimbursable state-mandated
program.
   (2) A claim for reimbursement has been filed with the Controller
by a school district, county office of education, or other eligible
local educational agency.
   (3) The Legislature has not provided an appropriation to fully
fund current and pending claims for reimbursement filed with the
Controller.
   (c) The review and report prepared by the Legislative Analyst
pursuant to subdivision (b) shall:
   (1) Include all of the following for each mandate:
   (A) A summary and its statutory source.
   (B) Fiscal information, including, but not necessarily limited to,
the claims paid to date, unpaid claims, pending claims, and the
history of appropriations for the mandate.
   (C) Recommendations as to whether the mandate should be amended,
repealed, or remain unchanged.
   (2) Be provided to the chairpersons of the Assembly Committee on
Education, the Senate Committee on Education, and the fiscal
committees of the Assembly and the Senate, on or before the January 1
following the adjournment of the regular session of the Legislature
for which the review was made.