Bill Text: CA SB1147 | 2011-2012 | Regular Session | Introduced
Bill Title: State mandates: procedure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-01 - Referred to Com. on GOV. & F. [SB1147 Detail]
Download: California-2011-SB1147-Introduced.html
BILL NUMBER: SB 1147 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 21, 2012
An act to amend Section 17553 of the Government Code, relating to
state mandates.
LEGISLATIVE COUNSEL'S DIGEST
SB 1147, as introduced, Liu. State mandates: procedure.
The California Constitution requires the state to reimburse a
local government whenever the Legislature or a state agency mandates
a new program or higher level of service on the local government,
with specified exceptions. Existing law establishes a procedure for
local governments to file claims for reimbursement of these costs
with the Commission on State Mandates. Existing law requires these
procedures to include, among other things, a statewide cost estimate
that is adopted within 12 months after receipt of a test claim, as
specified. Existing law permits a claimant or the commission to
request an extension of the deadline for the statewide cost estimate
for up to 6 months.
This bill would instead allow a statewide cost estimate to be
extended for up to 4 months.
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 17553 of the Government Code is amended to
read:
17553. (a) The commission shall adopt procedures for receiving
claims filed pursuant to this article and Section 17574 and for
providing a hearing on those claims. The procedures shall do all of
the following:
(1) Provide for presentation of evidence by the claimant, the
Department of Finance, and any other affected department or agency,
and any other interested person.
(2) Ensure that a statewide cost estimate is adopted within 12
months after receipt of a test claim, when a determination is made by
the commission that a mandate exists. This deadline may be extended
for up to six four months upon the
request of either the claimant or the commission.
(3) Permit the hearing of a claim to be postponed at the request
of the claimant, without prejudice, until the next scheduled hearing.
(b) All test claims shall be filed on a form prescribed by the
commission and shall contain at least the following elements and
documents:
(1) A written narrative that identifies the specific sections of
statutes or executive orders and the effective date and register
number of regulations alleged to contain a mandate and shall include
all of the following:
(A) A detailed description of the new activities and costs that
arise from the mandate.
(B) A detailed description of existing activities and costs that
are modified by the mandate.
(C) The actual increased costs incurred by the claimant during the
fiscal year for which the claim was filed to implement the alleged
mandate.
(D) The actual or estimated annual costs that will be incurred by
the claimant to implement the alleged mandate during the fiscal year
immediately following the fiscal year for which the claim was filed.
(E) A statewide cost estimate of increased costs that all local
agencies or school districts will incur to implement the alleged
mandate during the fiscal year immediately following the fiscal year
for which the claim was filed.
(F) Identification of all of the following:
(i) Dedicated state funds appropriated for this program.
(ii) Dedicated federal funds appropriated for this program.
(iii) Other nonlocal agency funds dedicated for this program.
(iv) The local agency's general purpose funds for this program.
(v) Fee authority to offset the costs of this program.
(G) Identification of prior mandate determinations made by the
Commission on State Mandates or a predecessor agency that may be
related to the alleged mandate.
(H) Identification of a legislatively determined mandate pursuant
to Section 17573 that is on the same statute or executive order.
(2) The written narrative shall be supported with declarations
under penalty of perjury, based on the declarant's personal
knowledge, information, or belief, and signed by persons who are
authorized and competent to do so, as follows:
(A) Declarations of actual or estimated increased costs that will
be incurred by the claimant to implement the alleged mandate.
(B) Declarations identifying all local, state, or federal funds,
or fee authority that may be used to offset the increased costs that
will be incurred by the claimant to implement the alleged mandate,
including direct and indirect costs.
(C) Declarations describing new activities performed to implement
specified provisions of the new statute or executive order alleged to
impose a reimbursable state-mandated program. Specific references
shall be made to chapters, articles, sections, or page numbers
alleged to impose a reimbursable state-mandated program.
(D) If applicable, declarations describing the period of
reimbursement and payments received for full reimbursement of costs
for a legislatively determined mandate pursuant to Section 17573, and
the authority to file a test claim pursuant to paragraph (1) of
subdivision (c) of Section 17574.
(3) (A) The written narrative shall be supported with copies of
all of the following:
(i) The test claim statute that includes the bill number or
executive order, alleged to impose or impact a mandate.
(ii) Relevant portions of state constitutional provisions, federal
statutes, and executive orders that may impact the alleged mandate.
(iii) Administrative decisions and court decisions cited in the
narrative.
(B) State mandate determinations made by the Commission on State
Mandates or a predecessor agency and published court decisions on
state mandate determinations made by the Commission on State Mandates
are exempt from this requirement.
(4) A test claim shall be signed at the end of the document, under
penalty of perjury by the claimant or its authorized representative,
with the declaration that the test claim is true and complete to the
best of the declarant's personal knowledge, information, or belief.
The date of signing, the declarant's title, address, telephone
number, facsimile machine telephone number, and electronic mail
address shall be included.
(c) If a completed test claim is not received by the commission
within 30 calendar days from the date that an incomplete test claim
was returned by the commission, the original test claim filing date
may be disallowed, and a new test claim may be accepted on the same
statute or executive order.
(d) In addition, the commission shall determine whether an
incorrect reduction claim is complete within 10 days after the date
that the incorrect reduction claim is filed. If the commission
determines that an incorrect reduction claim is not complete, the
commission shall notify the local agency and school district that
filed the claim stating the reasons that the claim is not complete.
The local agency or school district shall have 30 days to complete
the claim. The commission shall serve a copy of the complete
incorrect reduction claim on the Controller. The Controller shall
have no more than 90 days after the date the claim is delivered or
mailed to file any rebuttal to an incorrect reduction claim. The
failure of the Controller to file a rebuttal to an incorrect
reduction claim shall not serve to delay the consideration of the
claim by the commission.
