California 2011 2011-2012 Regular Session

California Assembly Bill AB202 Introduced / Bill

Filed 01/27/2011

 BILL NUMBER: AB 202INTRODUCED 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periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged.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periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged.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.