BILL NUMBER: AB 2028INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Knight FEBRUARY 23, 2012 An act to add Section 17582 to the Government Code, relating to state-mandated local costs. LEGISLATIVE COUNSEL'S DIGEST AB 2028, as introduced, Knight. State-mandated local costs. 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 a school district and a community college district, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law provides that a local agency, including a school district or community college 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 for which the Budget Act has not been enacted for the subsequent fiscal year if specified conditions are met, including that the statute or executive order, or portion thereof, has been specifically identified by the Legislature in the Budget Act for the fiscal year as being one for which reimbursement is not provided for that fiscal year. Existing law provides that only specified education mandates are subject to that provision. This bill would provide if the Commission on State Mandates determines that a statute or portion of a statute, enacted on or after January 1, 2012, mandates a new program or higher level of service requiring the reimbursement of school districts or community college districts, school districts or community college districts are not required to implement or give effect to the statute, or a portion of the statute, unless the Controller certifies to the State Department of Education and the Chancellor of Community Colleges that the Budget Act for that fiscal year includes the amount necessary to reimburse school districts and community college districts, as specified. The bill would require the department and Chancellor to notify school districts and community college districts of the statutes, or portions of statutes, that are not required to be implemented for that fiscal year. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17582 is added to the Government Code, to read: 17582. Commencing with the 2013-14 fiscal year, if the Commission on State Mandates determines that a statute or portion of a statute, enacted on or after January 1, 2012, mandates a new program or higher level of service requiring the reimbursement of school districts or community college districts pursuant to Section 6 of Article XIII B of the California Constitution, a school district or community college district shall not be required to implement or give effect to the statute, or a portion of the statute, unless the Controller certifies to the State Department of Education and the Chancellor of the California Community Colleges within 15 days after the Budget Act is enacted that the Budget Act includes the full amount necessary to reimburse school districts and community college districts, as determined by the parameters and guidelines prepared by the commission regarding a particular statute or portion of a statute. Each fiscal year, within 15 days after notification by the Controller, the State Department of Education and the Chancellor of the California Community Colleges shall notify school districts and community college districts of the statutes, or portions of statutes, that are not required to be implemented for that fiscal year because the Budget Act as enacted does not include reimbursement funding.