California Assembly Bill AB349 Amended / Bill

 BILL NUMBER: AB 349AMENDED 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.