SECTIONS 17575-17581.5 - California Statutes

GOVERNMENT CODE

SECTION 17575-17581.5

17575. When a bill is introduced in the Legislature, and each time
a bill is amended, on and after January 1, 1985, the Legislative
Counsel shall 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. The Legislative Counsel shall make this
determination known in the digest of the bill and shall describe in
the digest the basis for this determination. The determination by the
Legislative Counsel shall not be binding on the commission in making
its determination pursuant to Section 17555.

17576. Whenever the Legislative Counsel determines that a bill will
mandate a new program or higher level of service pursuant to Section
6 of Article XIII B of the California Constitution, the Department
of Finance shall prepare an estimate of the amount of reimbursement
which will be required. This estimate shall be prepared for the
respective committees of each house of the Legislature which consider
taxation measures and appropriation measures and shall be prepared
prior to any hearing on the bill by any such committee.

17577. The estimate required by Section 17576 shall be the amount
estimated to be required during the first fiscal year of a bill's
operation in order to reimburse local agencies and school districts
for costs mandated by the state by the bill.

17578. In the event that a bill is amended on the floor of either
house, whether by adoption of the report of a conference committee or
otherwise, in such a manner as to mandate a new program or higher
level of service pursuant to Section 6 of Article XIII B of the
California Constitution, the Legislative Counsel shall immediately
inform, respectively, the Speaker of the Assembly and the President
of the Senate of that fact. Notification from the Legislative Counsel
shall be published in the journal of the respective houses of the
Legislature.

17579. 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 shall contain a section specifying that
reimbursement shall be made pursuant to this chapter or that the
mandate is being disclaimed and the reason therefor.

17581. (a) No local agency shall be required to implement or give
effect to any statute or executive order, or portion thereof, during
any fiscal year and for the period immediately following that fiscal
year for which the Budget Act has not been enacted for the subsequent
fiscal year if all of the following apply:
(1) The statute or executive order, or portion thereof, has been
determined by the Legislature, the commission, or any court to
mandate a new program or higher level of service requiring
reimbursement of local agencies pursuant to Section 6 of Article XIII
B of the California Constitution.
(2) The statute or executive order, or portion thereof, or the
commission's test claim number, has been specifically identified by
the Legislature in the Budget Act for the fiscal year as being one
for which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered to have
been specifically identified by the Legislature only if it has been
included within the schedule of reimbursable mandates shown in the
Budget Act and it is specifically identified in the language of a
provision of the item providing the appropriation for mandate
reimbursements.
(b) Within 30 days after enactment of the Budget Act, the
Department of Finance shall notify local agencies of any statute or
executive order, or portion thereof, for which operation of the
mandate is suspended because reimbursement is not provided for that
fiscal year pursuant to this section and Section 6 of Article XIII B
of the California Constitution.
(c) Notwithstanding any other provision of law, if a local agency
elects to implement or give effect to a statute or executive order
described in subdivision (a), the local agency may assess fees to
persons or entities which benefit from the statute or executive
order. Any fee assessed pursuant to this subdivision shall not exceed
the costs reasonably borne by the local agency.
(d) This section shall not apply to any state-mandated local
program for the trial courts, as specified in Section 77203.
(e) This section shall not apply to any state-mandated local
program for which the reimbursement funding counts toward the minimum
General Fund requirements of Section 8 of Article XVI of the
Constitution.

17581.5. (a) A school district or community college district shall
not be required to implement or give effect to the statutes, or a
portion of the statutes, identified in subdivision (c) during any
fiscal year and for the period immediately following that fiscal year
for which the Budget Act has not been enacted for the subsequent
fiscal year if all of the following apply:
(1) The statute or a portion of the statute, has been determined
by the Legislature, the commission, or any court to mandate a new
program or higher level of service requiring reimbursement of school
districts or community college districts pursuant to Section 6 of
Article XIII B of the California Constitution.
(2) The statute, or a portion of the statute, or the test claim
number utilized by the commission, specifically has been identified
by the Legislature in the Budget Act for the fiscal year as being one
for which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered
specifically to have been identified by the Legislature only if it
has been included within the schedule of reimbursable mandates shown
in the Budget Act and it specifically is identified in the language
of a provision of the item providing the appropriation for mandate
reimbursements.
(b) Within 30 days after enactment of the Budget Act, the
Department of Finance shall notify school districts of any statute or
executive order, or portion thereof, for which reimbursement is not
provided for the fiscal year pursuant to this section.
(c) This section applies only to the following mandates:
(1) School Bus Safety I (CSM-4433) and II (97-TC-22) (Chapter 642
of the Statutes of 1992; Chapter 831 of the Statutes of 1994; and
Chapter 739 of the Statutes of 1997).
(2) County Treasury Withdrawals (96-365-03; and Chapter 784 of the
Statutes of 1995 and Chapter 156 of the Statutes of 1996).
(3) Grand Jury Proceedings (98-TC-27; and Chapter 1170 of the
Statutes of 1996, Chapter 443 of the Statutes of 1997, and Chapter
230 of the Statutes of 1998).
(4) Law Enforcement Sexual Harassment Training (97-TC-07; and
Chapter 126 of the Statutes of 1993).
(5) Health Benefits for Survivors of Peace Officers and
Firefighters (Chapter 1120 of the Statutes of 1996 and 97-TC-25).
(d) This section applies to the following mandates for the
2010-11, 2011-12, and 2012-13 fiscal years only:
(1) Removal of Chemicals (Chapter 1107 of the Statutes of 1984 and
CSM 4211 and 4298).
(2) Scoliosis Screening (Chapter 1347 of the Statutes of 1980 and
CSM 4195).
(3) Pupil Residency Verification and Appeals (Chapter 309 of the
Statutes of 1995 and 96-384-01).
(4) Integrated Waste Management (Chapter 1116 of the Statutes of
1992 and 00-TC-07).
(5) Law Enforcement Jurisdiction Agreements (Chapter 284 of the
Statutes of 1998 and 98-TC-20).
(6) Physical Education Reports (Chapter 640 of the Statutes of
1997 and 98-TC-08).