Bill Text: CA AB202 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local educational agencies: reimbursable state mandates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2011-10-08 - Vetoed by Governor. [AB202 Detail]

Download: California-2011-AB202-Amended.html

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BILL NUMBER: AB 202	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2011

INTRODUCED BY   Assembly Member Brownley

                        JANUARY 27, 2011

   An act to  add Section 17562.5 to   amend
Section 17557 of, and to add Sections 17518.83, 17562.5, and 17579.5
to,  the Government Code, relating to local educational
agencies.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 202, as amended, 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repealed, or remain unchanged.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. 
   This bill would render state-mandated local programs, that apply
to local educational agencies and become operative on or after
January 1, 2012, inoperative with respect to a local educational
agency on the date 5 years following the operative date of the
state-mandated local program. The bill would require the Legislative
Counsel, for each bill identified as imposing a state-mandated local
program that applies to a local educational agency, to include a
comment in the Legislative Counsel's digest that the state-mandated
local program would become inoperative with respect to a local
educational agency on the date 5 years following the operative date
of the state-mandated local program, except as specified.  
   This bill would authorize a successful test claimant that is a
local educational agency to designate another local educational
agency to prepare and submit the proposed reimbursement parameters
and guidelines to the commission, as specified. 
   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 17518.83 is added to the 
 Government Code  , to read:  
   17518.83.  "Local educational agency" means a school district as
defined in Section 17519, except that it does not include a community
college district. 
   SEC. 2.    Section 17557 of the   Government
Code   is amended to read: 
   17557.  (a)  (1)    If the commission determines
there are costs mandated by the state pursuant to Section 17551, it
shall determine the amount to be subvened to local agencies and
school districts for reimbursement. In so doing it shall adopt
parameters and guidelines for reimbursement of any claims relating to
the statute or executive order.  The  Except as
provided in paragraph (2), the  successful test claimants shall
submit proposed parameters and guidelines within 30 days of adoption
of a statement of decision on a test claim. The proposed parameters
and guidelines may include proposed reimbursable activities that are
reasonably necessary for the performance of the state-mandated
program. At the request of a successful test claimant, the commission
may provide for one or more extensions of this 30-day period at any
time prior to its adoption of the parameters and guidelines. If
proposed parameters and guidelines are not submitted within the
30-day period and the commission has not granted an extension, then
the commission shall notify the test claimant that the amount of
reimbursement the test claimant is entitled to for the first 12
months of incurred costs will be reduced by 20 percent, unless the
test claimant can demonstrate to the commission why an extension of
the 30-day period is justified. 
   (2) If the successful test claimant is a local educational agency,
the test claimant may designate another local educational agency to
prepare and submit the proposed parameters and guidelines to the
commission. A designation made pursuant to this paragraph shall be
made in writing and submitted to the commission. 
   (b) In adopting parameters and guidelines, the commission may
adopt a reasonable reimbursement methodology.
   (c) The parameters and guidelines adopted by the commission shall
specify the fiscal years for which local agencies and school
districts shall be reimbursed for costs incurred. However, the
commission may not specify in the parameters and guidelines any
fiscal year for which payment could be provided in the annual Budget
Act.
   (d) (1) A local agency, school district, or the state may file a
written request with the commission to amend the parameters or
guidelines. The commission may, after public notice and hearing,
amend the parameters and guidelines. A parameters and guidelines
amendment submitted within 90 days of the claiming deadline for
initial claims, as specified in the claiming instructions pursuant to
Section 17561, shall apply to all years eligible for reimbursement
as defined in the original parameters and guidelines. A parameters
and guidelines amendment filed more than 90 days after the claiming
deadline for initial claims, as specified in the claiming
instructions pursuant to Section 17561, and on or before the claiming
deadline following a fiscal year, shall establish reimbursement
eligibility for that fiscal year.
   (2) For purposes of this subdivision, the request to amend
parameters and guidelines may be filed to make any of the following
changes to parameters and guidelines, consistent with the statement
of decision:
   (A) Delete any reimbursable activity that has been repealed by
statute or executive order after the adoption of the original or last
amended parameters and guidelines.
   (B) Update offsetting revenues and offsetting savings that apply
to the mandated program and do not require a new legal finding that
there are no costs mandated by the state pursuant to subdivision (e)
of Section 17556.
   (C) Include a reasonable reimbursement methodology for all or some
of the reimbursable activities.
   (D) Clarify what constitutes reimbursable activities.
   (E) Add new reimbursable activities that are reasonably necessary
for the performance of the state-mandated program.
   (F) Define what activities are not reimbursable.
   (G) Consolidate the parameters and guidelines for two or more
programs.
   (H) Amend the boilerplate language. For purposes of this section,
"boilerplate language" means the language in the parameters and
guidelines that is not unique to the state-mandated program that is
the subject of the parameters and guidelines.
   (e) A test claim shall be submitted on or before June 30 following
a fiscal year in order to establish eligibility for reimbursement
for that fiscal year. The claimant may thereafter amend the test
claim at any time, but before the test claim is set for a hearing,
without affecting the original filing date as long as the amendment
substantially relates to the original test claim.
   (f) In adopting parameters and guidelines, the commission shall
consult with the Department of Finance, the affected state agency,
the Controller, the fiscal and policy committees of the Assembly and
Senate, the Legislative Analyst, and the claimants to consider a
reasonable reimbursement methodology that balances accuracy with
simplicity.
   SECTION 1.   SEC. 3.   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.
   SEC. 4.    Section 17579.5 is added to the  
Government Code   , to read:  
   17579.5.  (a) Any state-mandated local program that applies to a
local educational agency and becomes operative on or after January 1,
2012, shall be inoperative with respect to a local educational
agency on the date five years following the operative date of the
state-mandated local program.
   (b) Each bill that the Legislative Counsel identifies, pursuant to
Section 17575, as imposing a state-mandated local program that
applies to a local educational agency shall include a comment in the
Legislative Counsel's digest that the state-mandated local program
shall become inoperative with respect to a local educational agency
on the date five years following the operative date of the
state-mandated local program. This subdivision shall not apply to a
bill that expressly notwithstands the provisions of this section.