BILL NUMBER: SB 225 CHAPTERED 09/30/00 CHAPTER 1075 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 APPROVED BY GOVERNOR SEPTEMBER 30, 2000 PASSED THE SENATE SEPTEMBER 1, 2000 PASSED THE ASSEMBLY SEPTEMBER 1, 2000 AMENDED IN ASSEMBLY AUGUST 29, 2000 AMENDED IN ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY AUGUST 7, 2000 AMENDED IN ASSEMBLY AUGUST 19, 1999 AMENDED IN ASSEMBLY JULY 8, 1999 INTRODUCED BY Senator Rainey (Principal coauthor: Assembly Member Aroner) (Coauthors: Senators Chesbro, Figueroa, and Ortiz) (Coauthors: Assembly Members Dickerson, Papan, Thomson, and Wiggins) JANUARY 25, 1999 An act to amend Section 29550.4 of the Government Code, relating to booking fees, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 225, Rainey. Booking fees: annual appropriation. Existing law authorizes a county to impose, among other fees with respect to criminal justice services, a booking fee upon other local agencies and colleges and universities for county costs incurred in processing or booking persons arrested by employees of those entities and brought to county facilities for booking or detention. Existing law continuously appropriates up to $50,000,000 annually from the General Fund to the Controller commencing with the 1999-2000 fiscal year for allocation to cities for reimbursement for actual booking and processing costs paid to counties. This bill would include qualified special districts, as defined, and a city that has entered into a specified memorandum of understanding with its county, within the allocation of those funds. The bill would authorize those qualified special districts and cities to apply for reimbursement from the Controller for the 1999-2000 fiscal year by specified dates. By expanding the purposes of an existing appropriation, this bill would constitute an appropriation. This bill would incorporate additional changes in Section 29550.4 of the Government Code proposed by AB 2219, that would become operative only if AB 2219 and this bill are both enacted and become effective on or before January 1, 2001, and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 29550.4 of the Government Code is amended to read: 29550.4. (a) Notwithstanding Section 13340, the sum of up to fifty million dollars ($50,000,000) is hereby continuously appropriated annually from the General Fund to the Controller commencing with the 1999-2000 fiscal year for allocation to cities and qualified special districts for reimbursement for actual costs incurred by cities and qualified special districts in the payment of booking and processing fees pursuant to this article. For the 1999-2000 fiscal year, this appropriation shall be allocated to cities and qualified special districts for reimbursement for actual costs incurred by them during the period July 1, 1997, to July 1, 1998. If the actual costs incurred by cities and qualified special districts during the period of July 1, 1997, to July 1, 1998, in the payment to counties of booking and processing fees is greater than fifty million dollars ($50,000,000), then the Controller shall prorate the reimbursement to each city and qualified special district accordingly. (b) Not later than December 1, 1999, the Controller shall allocate the funds appropriated pursuant to subdivision (a) to all qualified cities and qualified special districts and shall certify to the Director of Finance the actual amount of money allocated to cities and qualified special districts for the payment of booking and processing fees pursuant to subdivision (a). (c) Any city or qualified special district that applies for reimbursement pursuant to this section shall comply with all requests made by the Controller. Any city or qualified special district that does not pay booking or processing fees to a county or any city or qualified special district that contracts with a county for the payment of those fees shall be ineligible for reimbursement pursuant to this section. A city that has entered into a memorandum of understanding with its county effective May 17, 1994, which agreement allows for the payment of prepaid annual rent to satisfy the city's booking fee obligation, shall be eligible to receive reimbursement pursuant to this section. (d) Any qualified city that did not apply for reimbursement pursuant to this section at the time required to receive funds allocated by the Controller not later than December 1, 1999, in the 1999-2000 fiscal year may apply for that reimbursement by October 1, 2000. Any qualified special district may apply to the Controller for reimbursement pursuant to this section for the 1999-2000 fiscal year by October 1, 2000. (e) For the purposes of this section, "qualified special district" means both of the following: (1) A district that supplants the law enforcement functions of the county within the jurisdiction of that district. (2) A district that employs peace officers, as described in Section 830.1 of the Penal Code, who are certified as meeting those standards and requirements established pursuant to Article 2 (commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of the Penal Code. SEC. 1.5. Section 29550.4 of the Government Code is amended to read: 29550.4. (a) Notwithstanding Section 13340, the sum of up to fifty million dollars ($50,000,000) is hereby continuously appropriated annually from the General Fund to the Controller commencing with the 1999-2000 fiscal year for allocation to cities and qualified special districts for reimbursement for actual costs incurred by cities and qualified special districts in the payment of booking and processing fees pursuant to this article. For the 1999-2000 fiscal year, this appropriation shall be allocated to cities and qualified special districts for reimbursement for actual costs incurred by them during the period July 1, 1997, to July 1, 1998. If the actual costs incurred by cities and qualified special districts during the period of July 1, 1997, to July 1, 1998, in the payment to counties of booking and processing fees is greater than fifty million dollars ($50,000,000), then the Controller shall prorate the reimbursement to each city and qualified special district accordingly. (b) Not later than December 1, 1999, the Controller shall allocate the funds appropriated pursuant to subdivision (a) to all qualified cities and qualified special districts and shall certify to the Director of Finance the actual amount of money allocated to cities and qualified special districts for the payment of booking and processing fees pursuant to subdivision (a). (c) Notwithstanding any other provision of this article, any city that pays booking and processing fees to another city is eligible for reimbursement pursuant to this section on the same basis as a city that pays booking and processing fees to a county. The amount of reimbursement for a city shall be based on the processing fees charged by the county in which that city is located. This subdivision shall apply to reimbursements beginning in the 2000-01 fiscal year based on costs incurred in the 1997-98 fiscal year. (d) Any city or qualified special district that applies for reimbursement pursuant to this section shall comply with all requests made by the Controller. Any city or qualified special district that contracts with a county for the payment of those fees shall be ineligible for reimbursement pursuant to this section. A city that has entered into a memorandum of understanding with its county effective May 17, 1994, which agreement allows for the payment of prepaid annual rent to satisfy the city's booking fee obligation, shall be eligible to receive reimbursement pursuant to this section. (e) Any qualified city that did not apply for reimbursement pursuant to this section at the time required to receive funds allocated by the Controller not later than December 1, 1999, in the 1999-2000 fiscal year may apply for that reimbursement by October 1, 2000. Any qualified special district may apply to the Controller for reimbursement pursuant to this section for the 1999-2000 fiscal year by October 1, 2000. (f) For the purposes of this section, "qualified special district" means both of the following: (1) A district that supplants the law enforcement functions of the county within the jurisdiction of that district. (2) A district that employs peace officers, as described in Section 830.1 of the Penal Code, who are certified as meeting those standards and requirements established pursuant to Article 2 (commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of the Penal Code. SEC. 2. Notwithstanding the deadlines created by Section 29550.4 of the Government Code, as amended by Section 1 or 1.5 of this act, it is the intent of the Legislature that no later than November 1, 2000, the Controller shall do both of the following: (a) Implement the provisions of that section for qualified special districts for the 1999-2000 fiscal year. (b) Allocate funds to any qualified city that did not receive an allocation of funds by December 1, 1999, provided that the qualified city complied by October 1, 2000, with all requests made by the Controller. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 29550.4 of the Government Code proposed by both this bill and AB 2219. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, but this bill becomes operative first, (2) each bill amends Section 29550.4 of the Government Code, and (3) this bill is enacted after AB 2219, in which case Section 29550.4 of the Government Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of AB 2219, at which time Section 1.5 of this bill shall become operative. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide relief to qualified special districts for the costs of criminal booking and processing fees owed to counties, it is necessary that this act take effect immediately.