Loading...
HomeMy WebLinkAbout03/29/1990 B A K E R.S F I E L D Patricia DeMond, Chair Lynn Edwards Patricia Smith Staff: Litigation: Art Saalfield Legislative: Trudy Thornton AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, March 29, 1990 12:00 p.m. City Manager's Conference Room Legislative Items: 1. ACA'I (McClintock) State-Mandated Costs Litigation Items: 1. Settlement Policy 2. Sidewalks Ordinance 3. Mosley vs. City of Bakersfield Legislation Staff: Trudy Thorr~ton ACA 1 (McClintock) State Mandated Local Programs At the meeting of March 21, 1990, the City Council referred to the Legislation/Litigation Committee a request for comment on Assembly Constitutional Amendment 1, regarding state mandated local programs. ACA 1 provides that whenever the Legislature or state agency mandates a new program or higher level of service Oil any local government, the state would be required to provide a subvention of funds to pay the local governmeilt for the increased costs, with certain exceptions. ACA 1 also requires the state to reimburse local agencies for revenue losses resulting from any limitation on, or exemption from, a charge, fee, assessment, OF tax levied by a local agency; or any decrease or redistribution of state subventions which are not offset by an equivalent reduction in mandated costs. ACA 1 does not apply to school districts, county offices of education, or community college districts. ACA 1 died in the Elections, Reapportionment and Constitutiomal Amendments Committee on March 14, coming from Committee on March 15 with no further action. ACA 53, similar to ACA 1, and co-sponsored by McClintock is starting to make its way through the Committee system. ACA 53 is sponsored by Assemblyman Chris Chandler, who co-sponsored ACA 1. ACA 53 is also expected to die in committee before January 1. McClintock plans to submit another bill (ACA 1) in January to keep the concept alive. Assemblyman McClintock's office staff indicated that Richard Gann has indicated he will support an initiative measure if it doesn't make it through the Legislature. A press conference is planned with Richard Gann when ACA 53 dies. Initiative efforts will be directed to getting it on the ballot for June 1992. (Heavy opposition occurred by major public employee unions to ACA 1.) The League of California Cities was in support of ACA 1. (Leg0329) Attachments: Bill Text for ACA t Bill Text for ACA 53 BILL NUMBER: ACA 1 BILL TEXT AMENDED IN ASSEMBLY JANUARY 23, 1990 AMENDED IN ASSEMBLY JANUARY 4, 1990 AMENDED IN ASSEMBLY JULY 10, 1989 AMENDED IN ASSEMBLY MAY 30, 1989 INTRODUCED BY Assembly Members McClintock and Chandler (Principal coauthors: Assembly Members Condit, Filante, Hansen, and Itarvey) (Coauthors: Assembly Members Bader, Bentley, Dennis Brown, Felando, Ferguson, Frazee, Frizzelle, Hill, Leslie, Johnson, Jones, Mojonnier, Mountjoy, Pringle, Quackenbush, Seastrand, Statham, Norman Waters, Woodruff, and Wyman) (Principal coauthor: Senator Rogers) (Coauthors: Senators Kopp, Leonard, Nielsen, Robbins, and Russell) DECEMBER 5, 1988 Assembly Constitutional Amendment No. 1 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 6 of Article XIIIB thereof, and by adding Section 6.5 to Article XIIIB thereof, relating to state-mandated local costs. LEGISLATIVE COUNSEL'S DIGEST ACA 1, as amended, McClintock. State-mandated local programs. Existing provisions of the California Constitution require that, whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall reimburse the local government for the cost of the program or increased level of service, except for specified exemptions. This measure would, instead, provide that whenever the Legislature or any state agency mandates any new program or higher level of service on any local government, the state would be required to provide a subvention of funds to pay the local government for the increased cost. It would modify and add to the existing constitutional exemptions. BILL NUMBER: ACA 1 BILL TEXT This measure would further provide that no statute, other than certain specified statutes, and no executive order or regulation, which mandates a new program or higher level of service on local government would become operative sooner than 90 days after the Commission on State Mandates determines either that the state is not required pursuant to the measure to provide a subvention of funds for the increased cost or that sufficient funds have been appropriated to pay local government for the increased cost. ~s p~ew~s~e~ we~ ~e% apply ~e eehee~ ~s~e~s7 ee~¥ e~fiee$ e~ e~ea~ie~? e~ eemm~a~y ee~e~e ~s%~e%s~ This measure would provide that whenever the Legislature or any state agency mandates a limitation on, or exemption from, a charge, fee, assessment, or tax levied by local government or a decrease or redistribution of state subventions or other state funds to local government which is not offset by an equivalent reduction in the mandated costs of the local government, the state would be required to reimburse the local government for the amount of the revenue loss to the local government arising from the mandate. Existing provisions of statutory law prescribe the membership of the Commission on State Mandates and prescribe the powers and duties of the Commission on State Mandates with regard to the administration and implementation of the statutory procedure for the disposition of claims by local governmental entities for the reimbursement of state-mandated local costs. This measure would add to the Constitution the provisions which prescribe the membership of the commission. It would require the commission to investigate and monitor all programs or higher levels of service enacted or adopted after July 1, 1975, to determine if they are sufficiently funded, as specified, and if not, would provide that the duty of the local entities to carry out the program or service would be suspended and further compliance would be voluntary if funding is not provided by the next succeeding fiscal year. This provision would not apply to school districts¢ county offices of education~ or community coll~ge districts. This measure would provide that any determination by the commission pursuant to the measure may be set aside or superseded by a resolution introduced in the Assembly and approved by 2/3 of the membership of each house of the Legislature. Vote: 2/3. 'Appropriation: no. Fiscal committee: yes. State-mandated local program: no. Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 1989-90 Regular Session commencing on the fifth day of December 1988, two-thirds of the members elected to each of the two houses voting'therefor, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows: BILL NUMBER: ACA 1 BILL TEXT First That Section 6 of Article XIIIB thereof is amended to read: SEC. 6. (a) Whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall provide a subvention of funds to pay the local government for the increased cost of that program or higher level of service, regardless of whether the mandate applies to public or private entities other than local government. However, the Legislature may, but need not, provide a subvention of funds for any increased cost arising from a new program or higher level of service imposed by any of the following: (1) A statute requested by the local agency affected. (2) A statute defining a new crime or changing an existing definition of a crime, to the extent that the increased cost relates directly to law enforcement. (3) A statute enacted prior to January 1, 1975, or an executive order or regulation initially implementing a statute enacted prior to January 1, 1975, including any adjustments for changes in cost of living or population. (4) A statute, executive order, or regulation implementing a federal law or regulation, to the extent that the federal law or regulation specifically requires the state without discretion to mandate a new program or higher level of service on any local government. (5) A statute, executive order, or regulation implementing an initiative measure approved by the voters in a statewide election. (6) A statute, executive order, or regulation which specifically authorizes and requires the levy of a charge, fee, assessment, or tax sufficient to fully reimburse local government for any increased cost arising from the mandate. (b) There is hereby created the Commission on State Mandates, which shall consist of five members as follows: (1) The Controller. (2) The Treasurer. (3) The Director of Finance. (4) The Director of the Office of Planning and Research. (5) A public member with experience in public finance, appointed by the Governor and confirmed by the Senate. The public member shall serve for a term of four years and may be reappointed, may receive per diem as provided by the Legislature by statute for each day actually spent in the discharge of official duties, and shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of duties as a member of the commission. (c) The commission shall hear and decide upon a claim by any local agency or school district that the local agency or school district is entitled to be reimbursed by the state for costs mandated by the state as required by subdivision (a). In carrying out its responsibilities under this section, the commission may exercise those powers, shall perform those duties, and shall operate under those procedures, provided by law. (d) No statute, other than an urgency statute, a statute calling an election, a statute providing for a tax levy, or a statute containing an BILL NUMBER: ACA 1 BILL TEXT appropriation for the usual current expenses of the state, and no executive order or regulation, which mandates a new program or higher level of service on local government shall become operative sooner than 90 days after the Commission on State Mandates determines either that the state is not required pursuant to subdivision (a) to provide a subvention of funds for the increased cost arising from the new program or higher level of service or that sufficient funds have been appropriated to pay local government for the increased cost. ~e~ p~peses e~ ~his s~b~i~sieR~ ~eea~ ~eve~Rme~%~ ~ees ~e~e sehee~ ~&s%~e%s7 ee~R%y eff~ees ef e~ea~ea7 e~ eemm~a~%y (e) Within 90 days of the effective date of any statute, executive order, or regulation which is subject to subdivision (d), the Commission on State Mandates shall determine whether the state is required pursuant to subdivision (a) to provide a subvention of funds for the increased cost arising from the new program or higher level of service mandated by the statute, executive order, or regulation and, if so, whether sufficient funds have been appropriated to pay local government for the estimated increased cost. (1) If the commission determines that the state is not required to provide a subvention of funds pursuant to subdivision (a) or that sufficient funds have been provided, it shall so declare and the statute, executive order, or regulation shall become operative 90 days thereafter, unless a later time is otherwise provided by law. (2) If the commission determines that the state is required to provide a subvention of funds but sufficient funds have no% been provided, it shall so declare and the statute, executive order, or regulation shall not become operative until 90 days after the commission subsequently determines that sufficient funds have been provided. Any determination made by the commission pursuant to this subdivision shall be filed with the Secretary of State. (f) The Commission on State Mandates shall investigate and monitor all statutes, executive orders, or regulations imposing a new program or higher level of service on local government enacted or adopted after July 1, 1975, for which the state is required by subdivision (a) to provide a subvention of funds, to determine whether the increased costs of the new program or higher levels of service imposed has been funded and, if so, whether the funding has been and continues to be sufficient to pay for the increased costs. If the commission determines that funding has become insufficient to pay for the increased cost, the commission shall so declare and shall calculate the current amount of the increased cost, and shall report that amount to the Legislature. If, by the commencement of the next succeeding fiscal year, the Legislature has not appropriated an amount sufficient to pay the current amount of the identified increased cost imposed on local government, the duty of local government to incur the increased cost shall be suspended and any increased cost incurred shall be voluntary until the commission determines that sufficient funds have been appropriated. For purposes of this subdivision, 'local government' does not BILL NUMBER: ACA 1 BILL TEXT inclUde school districts, county offices of education~ or community college districts. (g) Any determination by the Commission on State Mandates pursuant to this section may be set aside or superseded by a resolution introduced in the Assembly and approved by two-thirds of the membership of each house of the Legislature. The state or any local government may bring an action in the courts by petition for administrative mandamus to appeal any determination by the commission. (h) The Legislature may not enact any statute which disclaims or waives any obligation imposed on the state by this section. The Legislature may not enact any statute which requires any local government to waive its right to reimbursement under this section or its right to decline performance of any mandate because of insufficient funding as provided by this section. Second That Section 6.5 is added to Article XIIIB thereof, to read: SEC. 6.5. Whenever the Legislature or any state agency mandates a limitation on, or exemption from, a charge, fee, assessment, or tax levied by local government or a decrease or redistribution of state subventions or other state funds to local government which is not offset by an equivalent reduction in the mandated costs of the local government, the state shall reimburse the local government for the amount of the revenue loss to the local government arising from the mandate. Third That the amendments to Section 6 of Article XIIIB proposed by this measure, except as otherwise expressly provided in subdivision (f), shall apply only to increased costs arising from a new program or a higher level of service imposed on or after the operative date of this measure. Fourth That this measure shall be interpreted liberally to carry out the intent to preserve the limited financial resources of local government by requiring the state to pay for every new program, higher level of service, or revenue loss mandated by the Legislature or a state agency. Fifth That if any provision of this measure or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the-provisions of this measure are severable. BILL NUMBER: ACA 53 BILL TEXT INTRODUCED BY Assembly Member Chandler P~RCH 1, 1990 Assembly Constitutional Amendment No. 53 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 6 of Article XIIIB thereof, relating to state-mandated local costs. LEGISLATIVE COUNSEL'S DIGEST ACA 53, as introduced, Chandler. State-mandated local programs. Existing provisions of the California Constitution require that whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall reimburse the local government for the cost of the program or increased level of service, except for specified exemptions. This measure would provide that no statute, other than an urgency statute, and no executive order or regulation, which mandates a new program or higher level of service on local government would become operative sooner than 90 days after the Commission on State Mandates determines either that the state is not required pursuant to the measure to provide a subvention of funds for the increased cost or that sufficient funds have been appropriated to pay local government for the increased cost. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 1989-90 Regular Session commencing on the fifth day of December 1988, two-thirds of the members elected to each of the two houses of the Legislature voting therefor, hereby proposes to the people of the State of California that the Constitution of the State be amended by amending Section 6 of Article XIIIB thereof, as follows: SEC. 6. (a) Whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall provide subvention of funds to reimburse s~e~ the local government for the costs of s~e~ the program or increased level of service, except that the~ ,' 'BILL NUMBER: ACA 53 BILL TEXT Legislature may, but need not, provide s~eh this subvention of funds for the following mandates: ~a~ (1) Legislative mandates requested by the local agency affected + ~ (2) Legislation defining a new crime or changing an existing definition of a crime ~ e~ ~ (3) Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations intitially implementing legislation enacted prior to January 1, 1975. (b) No statute, other than an urgency statute, and no executive order or regulation, which mandates a new program or higher level of service on local government shall become operative sooner than 90 days after the Commission on State Mandates determines either that the state is not required pursuant to subdivision (a) to provide a subvention of funds for the increased cost arising from the new program or higher level of service or that sufficient funds have been appropriated to pay local government for the increased cost. (c) Within 90 days of the effective date of any statute, executive order, or regulation which__is subject to subdivision (b), the Commission on State Mandates shall determine whether the state is required pursuant to subdivision (a) to provide a subvention of funds for the increased cost arisinq from the new program or higher level of service mandated bY the statutet executive order~ or requlation and, if so, whether sufficient funds have been appropriated to pay local government for the estimated increased cost. (1) If the commission determines that the state is not required to provide a subvention of funds pursuant to subdivision (a) or that sufficient funds have been provided, it shall so declare and the statute, executive order, or regulation shall become operative 90 days thereaftert unless a later time is otherwise provided by law. (2) If the commission determines that the state is required to provide a subvention of funds but sufficient funds have not been provided, it shall so declare and the statute, executive order, o__r regulation shall not become operative until 90 days after the commission subsequently determines that sufficient funds have been provided. Any determination made by the commission pursuant to this subdivision shall be filed with the Secretary of State.