Bill Text: CA AB775 | 2009-2010 | Regular Session | Amended

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Bill Title: Local government finance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB775 Detail]

Download: California-2009-AB775-Amended.html

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BILL NUMBER: AB 775	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 26, 2009

   An act to  amend Section 17551 of   add
Section 17214 to  the Government Code, relating to 
state mandates   local government finance  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 775, as amended, Cook.  State mandates.  
Local government finance.  
   Existing law sets forth the procedures for the sale of registered
warrants, including the manner in which interest is fixed for the
warrants.  
   This bill would prohibit the Controller from issuing registered
warrants for the payment or repayment for any program performed by
any city, county, city and county, or local governmental entity,
pursuant to a legal requirement or an agreement with the state. 

   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.
 
   This bill would make a technical, nonsubstantive change to these
provisions.
   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 17214 is added to the 
 Government Code   , to read:  
   17214.  The Controller shall not, in any fiscal year, make payment
or repayment by registered warrant for any program performed by a
city, county, city and county, or other local governmental agency,
pursuant to a legal requirement or an agreement with the state. 

  SECTION 1.    Section 17551 of the Government Code
is amended to read:
   17551.  (a) The commission, pursuant to the provisions of this
chapter, shall hear and decide upon a claim by a local agency or
school district that the local agency or school district is entitled
to reimbursement by the state for costs mandated by the state as
required by Section 6 of Article XIII B of the California
Constitution.
   (b) Except as provided in Sections 17573 and 17574, commission
review of claims may be had pursuant to subdivision (a) only if the
test claim is filed within the time limits specified in this section.

   (c) Local agency and school district test claims shall be filed
not later than 12 months following the effective date of a statute or
executive order, or within 12 months of incurring increased costs as
a result of a statute or executive order, whichever is later.
   (d) The commission, pursuant to the provisions of this chapter,
shall hear and decide upon a claim by a local agency or school
district filed on or after January 1, 1985, that the Controller has
incorrectly reduced payments to the local agency or school district
pursuant to paragraph (2) of subdivision (d) of Section 17561.