Bill Text: CA SB112 | 2011-2012 | Regular Session | Chaptered
Bill Title: State mandates: claiming instructions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 144, Statutes of 2011. [SB112 Detail]
Download: California-2011-SB112-Chaptered.html
BILL NUMBER: SB 112 CHAPTERED
BILL TEXT
CHAPTER 144
FILED WITH SECRETARY OF STATE AUGUST 1, 2011
APPROVED BY GOVERNOR AUGUST 1, 2011
PASSED THE SENATE MAY 9, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE MARCH 7, 2011
INTRODUCED BY Senator Liu
JANUARY 18, 2011
An act to amend Sections 17557 and 17558 of the Government Code,
relating to state mandates.
LEGISLATIVE COUNSEL'S DIGEST
SB 112, Liu. State mandates: claiming instructions.
Existing law requires the Commission on State Mandates to adopt
parameters and guidelines for reimbursement of claims by local
agencies and school districts for state mandates pursuant to statute.
Existing law authorizes a local agency, school district, or the
state to file a claim asking the commission to amend, modify, or
supplement the parameters or guidelines. Existing law authorizes the
request to amend parameters and guidelines to be filed to make
specified changes to parameters and guidelines, including amending
the boilerplate language, as defined.
This bill would provide that any amendment of the boilerplate
language that does not increase or decrease the reimbursable costs
would be restricted to limiting the eligible filing period commencing
with the fiscal year in which the amended parameters and guidelines
were adopted.
Existing law requires the Commission on State Mandates to submit
adopted parameters and guidelines to the Controller. Existing law
requires the Controller, within 60 days after receiving the adopted
parameters and guidelines from the commission, to issue claiming
instructions for each mandate that requires state reimbursement, and
within 60 days after receiving amended parameters and guidelines, to
prepare and issue revised claiming instructions for state mandates
that require state reimbursement that have been established by the
commission.
This bill would increase the amount of time to within 90 days
after receiving the adopted parameters and guidelines or amended
parameters and guidelines that the Controller is required to issue
claim instructions for each state mandate that requires
reimbursement, and to prepare and issue revised claiming instructions
for state mandates.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17557 of the Government Code is amended to
read:
17557. (a) 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 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.
(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 shall 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. Any amendment that does
not increase or decrease reimbursable costs shall limit the eligible
filing period commencing with the fiscal year in which the amended
parameters and guidelines were adopted.
(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.
SEC. 2. Section 17558 of the Government Code is amended to read:
17558. (a) The commission shall submit the adopted parameters and
guidelines or a reasonable reimbursement methodology approved
pursuant to Section 17557.2 to the Controller. As used in this
chapter, a "reasonable reimbursement methodology" approved pursuant
to Section 17557.2 includes all amendments to the reasonable
reimbursement methodology. When the Legislature declares a
legislatively determined mandate in accordance with Section 17573 in
which claiming instructions are necessary, the Department of Finance
shall notify the Controller.
(b) Not later than 90 days after receiving the adopted parameters
and guidelines, a reasonable reimbursement methodology from the
commission, or notification from the Department of Finance, the
Controller shall issue claiming instructions for each mandate that
requires state reimbursement, to assist local agencies and school
districts in claiming costs to be reimbursed. In preparing claiming
instructions, the Controller shall request assistance from the
Department of Finance and may request the assistance of other state
agencies. The claiming instructions shall be derived from the test
claim decision and the adopted parameters and guidelines, reasonable
reimbursement methodology, or statute declaring a legislatively
determined mandate.
(c) The Controller shall, within 90 days after receiving amended
parameters and guidelines, an amended reasonable reimbursement
methodology from the commission or other information necessitating a
revision of the claiming instructions, prepare and issue revised
claiming instructions for mandates that require state reimbursement
that have been established by commission action pursuant to Section
17557, Section 17557.2, or after any decision or order of the
commission pursuant to Section 17559, or after any action by the
Legislature pursuant to Section 17573. In preparing revised claiming
instructions, the Controller may request the assistance of other
state agencies.
