Bill Text: CA AB2082 | 2009-2010 | Regular Session | Amended
Bill Title: Local educational agencies: reimbursable state mandates.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Engrossed - Dead) 2010-06-30 - Testimony taken. Hearing postponed by Committee. [AB2082 Detail]
Download: California-2009-AB2082-Amended.html
BILL NUMBER: AB 2082 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Committee on Education (Brownley (Chair), Nestande
(Vice Chair), Ammiano, Arambula, Buchanan, Carter, Eng, Solorio, and
Torlakson)
FEBRUARY 18, 2010
An act to add Sections 41344.11, 41344.12, and 41344.13 to the
Education Code, and to amend Section 17559 of, and to add Sections
17562.5 and 17579.5 to, the Government Code, relating to local
educational agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2082, as amended, Committee on Education. Local educational
agencies: reimbursable state mandates.
(1) Existing law establishes a procedure for local governmental
agencies to file, with the Commission on State Mandates (commission),
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repealed, or remain unchanged.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.
(2) Existing law authorizes a local agency claimant to file with
the commission an incorrect reduction claim pursuant to regulations
adopted by the commission if the Controller reduces a state mandate
reimbursement claim approved by the commission. Existing law
authorizes a local agency claimant that is eligible to file an
incorrect reduction claim to file a consolidated incorrect reduction
claim on behalf of other local agency claimants whose claims for
reimbursement under the same mandate are alleged to have been
incorrectly reduced if specified conditions apply. Existing law also
authorizes the commission, on its own initiative, to consolidate
incorrect reduction claims filed with the commission by different
claimants under the same mandate if specified conditions apply.
This bill, commencing with the 2011-12 fiscal year, instead would
authorize a local educational agency to file an incorrect reduction
claim as an appeal with the Education Audit Appeals Panel (panel) and
would specify deadlines for the filing and hearing. The bill would
authorize the consolidation of these appeals and would authorize the
panel to adopt regulations necessary to establish procedures for
receiving or consolidating appeals and for providing a hearing on a
consolidated appeal. The bill would require the commission, by July
1, 2011, to transfer all pending incorrect reduction claims filed on
or before June 30, 2011, by a local educational agency and all
documentation and commission working papers related to those claims
to the panel. The bill would deem any incorrect reduction claim
transferred pursuant to the bill to have been appealed to the panel
and would require the panel to hold a hearing on or before specified
dates, as applicable.
(3) Existing law authorizes the commission to order a
reconsideration of all or part of a test claim or incorrect reduction
claim on petition of any party.
This bill, commencing with the 2011-12 fiscal year, would prohibit
the commission from ordering a reconsideration of all or part of any
incorrect reduction claim that is eligible to be filed with the
panel pursuant to a specified provision of the bill described in (2)
above.
(4) Existing law requires the Legislative Counsel, when a bill is
introduced in the Legislature, and each time a bill is amended, to
determine whether the bill mandates a new program or higher level of
service pursuant to Section 6 of Article XIII B of the California
Constitution. Existing law requires that any bill introduced or
amended for which the Legislative Counsel has determined the bill
will mandate a new program or higher level of service pursuant to
Section 6 of Article XIII B of the California Constitution contain a
section specifying that reimbursement shall be made pursuant to
specified statutory provisions or that the mandate is being
disclaimed and the reason therefor.
This bill would require that a bill that would impose a
state-mandated local program on a local educational agency, as
determined by the Legislative Counsel Bureau, include a provision
that repeals the state-mandated local program, or makes the
requirement inoperative, no later than a date 5 years following the
date upon which the bill, as enacted, becomes operative. The bill
would require the Legislative Counsel, to include that provision in
the bill unless the person requesting the bill or amendment directs
the Legislative Counsel to do otherwise.
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 41344.11 is added to the Education Code, to
read:
41344.11. (a) Notwithstanding Sections 17558.7
17551, 17552, 17558.7, and 17558.8 of the Government
Code, commencing with the 2011-12 fiscal year, a local educational
agency may file an incorrect reduction claim as an appeal with the
Education Audit Appeals Panel in accordance with Section 41344.1
within 60 days of the date on which the Controller notifies the local
educational agency that a mandate reimbursement claim filed by that
local educational agency has been adjusted to reduce the overall
reimbursement. The panel shall conduct a hearing within 90 days of
the date on which it receives the appeal. A local educational agency
may present evidence or arguments at the hearing if the agency
asserts that the Controller's notice contains any finding that was
based on errors of fact or interpretation of law, or if the agency
asserts in good faith that it was in substantial
compliance with all legal requirements. If the panel determines that
the agency is correct in its assertion, in whole or in part, the
panel shall inform the Controller of its determination, and the
Controller shall adjust the agency's claim accordingly.
(b) For the purposes of applying subdivision (c) of Section
41344.1 to an appeal filed pursuant to subdivision (a),
"substantial compliance" "compliance" means
nearly complete adherence to all elements of the
parameters and guidelines adopted for that mandate claim by the
Commission on State Mandates and to all elements of the claiming
instructions for that mandate claim issued by the Controller.
(c) Notwithstanding any other provision of law, this section may
not be waived pursuant to any provision of this code, except as
provided in this section or Section 41344.1.
(d) For purposes of this section, "local educational agency" does
not include a community college district.
SEC. 2. Section 41344.12 is added to the Education Code, to read:
41344.12. (a) A local educational agency filing an incorrect
reduction claim as an appeal with the Education Audit Appeals Panel
pursuant to Section 41344.11 may file a consolidated appeal on behalf
of other local educational agencies whose claims for reimbursement
under the same mandate are alleged to have been incorrectly reduced
if all of the following apply:
(1) The method, act, or practice that the local educational agency
alleges led to the reduction has led to similar reductions of other
parties' claims, and all of the claims involve common questions of
law or fact.
(2) The common questions of law or fact among the claims
predominate over any matter affecting only an individual claim.
(3) The consolidation of similar claims by individual local
educational agencies would result in consistent decisionmaking by the
Education Audit Appeals Panel.
(4) The local educational agency filing the consolidated appeal
would fairly and adequately protect the interests of the other local
educational agencies.
(b) If a local educational agency intends to file a consolidated
appeal pursuant to this section, the agency shall notify the
Education Audit Appeals Panel of its intent , on a form
provided by the panel , at the time it files its incorrect
reduction claim and appeal.
(c) Within 10 days after receipt of a notice of intent to
consolidate, the Education Audit Appeals Panel shall request that the
Controller provide the panel and the local educational agency with a
list of local educational agencies for whom the Controller has
reduced similar claims under the same mandate. Upon receipt of this
list from the Controller, the local educational agency may notify
other local educational agencies on the list and other interested
parties of its intent to file a consolidated appeal.
(d) Within 30 days of receipt of the notice of intent to
consolidate from the original local educational agency, any other
eligible local educational agency shall file with the Education Audit
Appeals Panel its notice of intent, on a form provided by the panel,
to join the consolidated appeal. The notice of intent shall include
a copy of the remittance advice or other notice from the Controller
of the claim reduction and one copy of the reimbursement claims for
which an incorrect reduction is alleged.
(e) The Education Audit Appeals Panel shall notify each local
educational agency that files an intent to join the consolidated
appeal that it may opt out of the consolidated appeal and not be
bound by any determination made on that consolidated appeal. A local
educational agency may opt out of a consolidated appeal no later than
15 days prior to the initial hearing on the consolidated appeal. A
local educational agency that opts out of the consolidated appeal, in
order to preserve its right to challenge a reduction made by the
Controller on that same mandate, shall file an individual incorrect
reduction claim as an appeal pursuant to Section 41344.11 no later
than 30 days after opting out.
(f) The Education Audit Appeals Panel, on its own initiative, may
consolidate incorrect reduction claims and appeals filed with the
panel by different local educational agencies under the same mandate
if each of the conditions specified in paragraphs (1) to (3),
inclusive, of subdivision (a) applies.
(g) The Education Audit Appeals Panel may adopt regulations
necessary to establish procedures for receiving a consolidated appeal
or for consolidating appeals pursuant to this section, and for
providing a hearing on a consolidated appeal.
(h) For purposes of this section, "local educational agency" does
not include a community college district.
SEC. 3. Section 41344.13 is added to the Education Code, to read:
41344.13. (a) By July 1, 2011, the Commission on State Mandates
shall transfer all pending incorrect reduction claims filed on or
before June 30, 2011, by a local educational agency and all
documentation and commission working papers related to those claims
to the Education Audit Appeals Panel.
(b) Any incorrect reduction claim transferred pursuant to
subdivision (a) shall be deemed to have been appealed to the
Education Audit Appeals Panel, and the panel shall hold a hearing
pursuant to Section 41344.11 on or before the following dates:
(1) June 30, 2011 2012 , for
incorrect reduction claims filed prior to January 1, 2005.
(2) June 30, 2012 2013 , for
incorrect reduction claims filed on or after January 1, 2005, and
prior to January 1, 2007.
(3) June 30, 2013 2014 , for
incorrect reduction claims filed on or after January 1, 2007, and
prior to January 1, 2008.
(4) June 30, 2014 2015 , for
incorrect reduction claims filed on or after January 1, 2008, and
prior to July 1, 2011.
(c) For purposes of this section, "local educational agency" does
not include a community college district.
SEC. 4. Section 17559 of the Government Code is amended to read:
17559. (a) The commission may order a reconsideration of all or
part of a test claim or incorrect reduction claim on petition of any
party. The power to order a reconsideration or amend a test claim
decision shall expire 30 days after the statement of decision is
delivered or mailed to the claimant. If additional time is needed to
evaluate a petition for reconsideration filed prior to the expiration
of the 30-day period, the commission may grant a stay of that
expiration for no more than 30 days, solely for the purpose of
considering the petition. If no action is taken on a petition within
the time allowed for ordering reconsideration, the petition shall be
deemed denied.
(b) A claimant or the state may commence a proceeding in
accordance with the provisions of Section 1094.5 of the Code of Civil
Procedure to set aside a decision of the commission on the ground
that the commission's decision is not supported by substantial
evidence. The court may order the commission to hold another hearing
regarding the claim and may direct the commission on what basis the
claim is to receive a rehearing.
(c) Commencing with the 2011-12 fiscal year, the commission shall
not order a reconsideration of all or part of any incorrect reduction
claim that is eligible to be filed with the Education Audit Appeals
Panel pursuant to Section 41344.11 of the Education Code.
SEC. 5. 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.
(d) For purposes of this section, "local educational agency" does
not include a community college district.
SEC. 6. Section 17579.5 is added to the Government Code, to read:
17579.5. (a) A bill that, as introduced or amended in either
house of the Legislature, would impose a state-mandated local program
on a local educational agency, as determined by the Legislative
Counsel Bureau pursuant to Section 17575, shall include a provision
that repeals the state-mandated local program, or makes the
requirement inoperative, no later than a date five years following
the date upon which the bill, as enacted, becomes operative.
(b) The Legislative Counsel, in drafting a bill for introduction
or an amendment to a bill that would impose a state-mandated local
program on a local educational agency, as described in subdivision
(a), shall include a provision that repeals the state-mandated local
program on a local educational agency, or makes the requirement
inoperative, five years after the date on which the requirement
becomes operative, unless the person requesting the bill or amendment
directs the Legislative Counsel to do otherwise.
